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Monday 6 November 2017
Luzerne County Man Guilty of Unlawfully Possessing A Firearm as A Convicted FelonRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Romasiewicz, age 25, of Exeter, Pennsylvania, pleaded guilty today before Senior U.S. District Court Judge James M. Munley, to unlawfully possessing a firearm as a convicted felon.
According to United States Attorney Bruce D. Brandler, Romasiewicz admitted to possessing a handgun in late July-early August 2017. At the time Romasiewicz possessed the handgun, he had a previous conviction for a federal drug trafficking offense.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Long Beach Psychiatrist Found Guilty of Paying $30,000 Bribe to IRS Revenue Agent Sentenced to 51 months in Federal PrisonRead the Press Release
SANTA ANA, California – A licensed psychiatrist who practices in Long Beach has been sentenced to over four years in federal prison for paying a $30,000 cash bribe to a revenue agent with the Internal Revenue Service who was auditing the man’s tax returns.
Dr. Harshad Shah, 62, of Cypress, was sentenced on Friday by United States District Judge Cormac J. Carney.
Shah was convicted of one count of bribery of a public official by a federal jury after a five-day trial in October 2016. The federal jury found that Shah paid a $30,000 cash bribe to an IRS revenue agent who had determined Shah owed $410,000 in back taxes, interest and penalties.
Prior to pronouncing the sentence on Friday, Judge Carney denied defense motions for a new trial, to dismiss the indictment, to acquit Shah, and to strike the pre-sentence report.
In denying Shah’s motion to dismiss the indictment, Judge Carney addressed the defendant’s renewed claims of entrapment, writing: “The Government played multiple recordings of Defendant’s own words at trial that demonstrated that Defendant was not induced by the Government to commit bribery. The recordings provided direct evidence that Defendant controlled the relationship with [the IRS revenue agent], initiated the bribe offer, and continued to pressure [the revenue agent] to accept the bribe despite [the revenue agent]’s reluctance and multiple reminders that this conduct was illegal.”
After imposing the 51-month prison sentence, Judge Carney remanded Shah into custody.
This case was investigated by the Treasury Inspector General for Tax Administration.
The case was prosecuted by Assistant United States Attorney Jennifer L. Waier of the Santa Ana Branch Office.
Lockport Man Pleads Guilty to Oxymorphone and Marijuana ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Troy Gillon, Jr., 25, of Lockport, NY, pleaded guilty to possession with intent to distribute, and distribution of, oxymorphone, possession with intent to distribute THC and marijuana, and maintaining a drug-involved premises before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on three separate occasions between October 26 and November 29, 2016, the Drug Enforcement Administration conducted controlled purchases of oxymorphone from the defendant. On December 16, 2016, a federal search warrant was executed at the Gillon’s residence on Dysinger Road in Lockport. Agents recovered 95 vials and five mason jars containing marijuana, eight oxycodone tablets, 113 marijuana tablets, various marijuana chocolate chip cookies and gummy bears. In addition to the drugs, two packages of clear plastic baggies for drug distribution, a drug ledger containing drug distribution transactions, three digital scales, six cellular telephones, a Micro SD sim card, a 14-karat gold diamond bracelet, and $2,243.65 in U.S. currency. The money and bracelet were acquired as illegal drug sales proceeds. The drugs seized from the house were for distribution in the community and the defendant maintained his home as a drug premises.
The sentencing is the result of an investigation by immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.Sentencing is scheduled for February 7, 2018, at 9:00 a.m. before Judge Vilardo.
Liberty Attorney Convicted of Obstruction of Justice for Stealing Victim Restitution FundsRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Liberty, Mo., attorney was convicted in federal court today of obstruction of justice after stealing funds earmarked for victim restitution.
Robert J. Young, II, 48, of Liberty, was found guilty of one count of obstruction of justice by U.S. District Judge Beth Phillips at the conclusion of a one-day bench trial.
Young represented defendant Rodney J. Tatum, who was indicted by a federal grand jury and convicted of mail fraud in connection with the embezzlement of funds from his employer. Young obstructed justice by embezzling money that was given to him by Tatum’s family for the purpose of paying restitution in the criminal case. Young instead made numerous transfers of restitution funds into his personal bank account. Young then spent restitution funds to purchase a motorcycle for himself, to make numerous cash withdrawals, to make rent payments and to make retail purchases.
Young utilized an Interest on Lawyers Trust Account to accept four separate deposits from Tatum’s wife for the purpose of making restitution. Tatum’s wife also made one deposit into Young’s business account for restitution purposes. These checks totaled $42,412. In addition, Young advised Tatum’s wife to draft a check, made payable to Young, as the FBI was pursuing money laundering charges against Tatum and the Tatums’ joint checking account would be frozen. Young stated he would be able to protect the funds in his business account. Tatum’s wife gave Young a check for $20,000. Young had been expected to provide this total $62,412 as partial victim restitution at Tatum’s sentencing hearing on Jan. 21, 2016.
Young was not able to provide the restitution at Tatum’s sentencing hearing and falsely informed the court that the proceeds of assets sold on behalf of Tatum were in his Missouri Lawyer’s Trust Fund. The $62,412 in restitution eventually was paid after Young was relieved from the case. The sentencing hearing was continued to March 3, 2016, at which time the court ordered Tatum to pay a total of $442,810 in restitution. Tatum was sentenced to 15 months in federal prison.
Under federal statutes, Young is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by the FBI.
Leader of Sex Trafficking of Minors Conspiracy Sent to Prison for LifeRead the Press Release
GALVESTON, Texas – The 40-year-old Galveston man who led a sex trafficking ring has been ordered to federal prison, announced Acting U.S. Attorney Abe Martinez. A jury sitting in Galveston returned guilty verdicts against Charles Devan Fulton Sr. on July 6, 2016, for conspiracy to commit sex trafficking of minors and four counts of sex trafficking of minors following a six-day trial and approximately four hours of deliberation. Three others - Charmell Latonya Potts, Dominique Warner, and Lawrence James Julian, had previously pleaded guilty for their respective roles.
Today, U.S. District Judge George C. Hanks Jr. ordered Fulton to serve life in prison. In handing down the sentence, Judge Hanks called him a “very dangerous man” and mentioned the defendant seemed willing to do anything or use anyone to get what he wanted. The court further noted that while speaking on his own behalf today, Fulton never showed any remorse nor any feeling for the harm that befell the victims, only indicating how much this has hurt him and his family. At the hearing today, the defense attempted to convince the court that Fulton deserved leniency, mentioning that he was not really a violent criminal such as a bank robber. The government, in opposition, told the court that what he did was worse, as Fulton stole the victims’ innocence and dignity and that no amount of money could ever make up for that. As he was imposing the sentence, Judge Hanks commented that the court speaks for those who cannot speak for themselves – for those that were victimized and terrorized by this defendant.
Julian, Warner and Potts are set for sentencing tomorrow.
At the trial, the jury found Fulton engaged in a conspiracy with the others between June 1, 2014, through April 1, 2015, in which they engaged in conspiracy to recruit, entice and harbor minors to engage in sex trafficking. Fulton aka “Black” or “Blacc,” was the leader of the group and ordered Potts to post pictures of two of the identified minor victims in prostitution ads on line. Warner aka “Meathead,” Julian aka “Wolf” and Potts also drove the minor females to hotels where the minors would engage in commercial sex acts.
The jury heard that the minors engaged in hundreds of commercial sex acts over the course of the conspiracy. The victims testified at trial, as did Potts, that Fulton would keep the money the children earned performing commercial sex acts. The jury also heard that Fulton used force, threats of force, fraud or coercion against two of the victims. In addition, testimony revealed Fulton had sex with the victims knowing they were minors, that he provided them with drugs and he had no legitimate source of income.
Fulton attempted to convey his innocence and that police were just out to get him. The jury was not convinced and found him guilty on five counts.
All have been and will remain in custody.
The FBI and the Galveston Police Department conducted the investigation with the assistance of the Galveston County District Attorney’s Office.
Assistant U.S. Attorneys Sherri Zack and Julie Searle prosecuted the case which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Judge Imposes 9-Year Sentence on 14-Time Felon for Possessing FirearmsRead the Press Release
Acting U.S. Attorney Bryan Schroder announced today that an Anchorage man was sentenced in federal court on Friday, November 3, 2017, after pleading guilty to being a felon in possession of a firearm. The man possessed three handguns -- two of which were stolen -- after having been convicted of at least 14 prior felony convictions.
According to Assistant U.S. Attorney Jonas Walker, Jeff Green, 59, had been released on bail while awaiting sentencing in a prior state prosecution. However, after the state court imposed sentence, Green failed to remand for jail. On June 3, 2016, Anchorage Police arrested Green after observing him near his apartment.
At the time of arrest, Green possessed one handgun in his pocket. Later, police found two more stolen handguns in a storage closet adjacent to Green’s apartment. Green had cut a hole in the wall separating his apartment from the storage closet so that he could access the guns easily while not exiting the apartment. Also within Green’s apartment, police found ammunition, shell casings, and body armor. Green also had a reminder note to collect an apparent drug debt.
Green’s prior convictions include homicide, robbery, burglary, and methamphetamine-related offenses. In a recorded phone call, Green described himself as an “outlaw” and claimed to have “18 violent felony convictions.”
United States District Court Judge Sharon Gleason imposed the 108-month sentence, which was only one year below the ten-year maximum statutory penalty available had Green been convicted after trial. Judge Gleason found that Green was a danger to the public while armed, and noted that this case was the fifth time Green had been sentenced for being a felon in possession of a firearm.
Mr. Schroder commends the Anchorage Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives for the investigation of this case.
Jefferson County man sentenced for cocaine traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Charles Town, West Virginia man was sentenced today to 120 months incarceration for distributing cocaine, United States Attorney William J. Powell announced.
Decoley Jones, also known as Decoley White, age 29, pled guilty to one count of “Distribution of a Cocaine Base” on June 15. Jones admitted to distributing cocaine in Jefferson County in September 2014.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.Indictment Unsealed Charging Six Defendants with the Murder of Loomis Armored Guard Hector TrochezRead the Press Release
Acting U.S. Attorney Duane A. Evans announced the unsealing of an Indictment regarding the December 18, 2013 murder of Loomis Armored US Guard Hector Trochez as he made a cash delivery to the Chase Bank at Carrollton and Claiborne Avenues in New Orleans.
The four-count Indictment charges LILBEAR GEORGE, age 28; JEREMY ESTEVES, age 31; CURTIS JOHNSON JR., age 25; CHUKWUDI OFOMATA, age 30; ROBERT BRUMFIELD III, age 24; and JASMINE THEOPHILE, age 24, all of New Orleans.
Count 1 charges GEORGE, ESTEVES, JOHNSON, OFOMATA, and BRUMFIELD with conspiracy to obstruct interstate commerce by robbery. This count carries a maximum prison term of 20 years and/or a $250,000 fine.
Count 2 charges GEORGE, ESTEVES, JOHNSON, OFOMATA, and BRUMFIELD with the substantive robbery of Mr. Trochez to obstruct interstate commerce. The penalties for this count are the same as those that apply to Count 1.
Count 3 names GEORGE, ESTEVES, JOHNSON, OFOMATA, and BRUMFIELD with using firearms in relation to the crimes of violence set out in Counts 1 and 2, causing Mr. Trochez’s death. This count carries the possibility of the death penalty for the five defendants.
Finally, Count 4 charges GEORGE and THEOPHILE with obstruction of a grand jury proceeding by destroying a cell phone, which carries a maximum prison term of 20 years and/or a $250,000 fine.
Acting U.S. Attorney Evans reiterated that the Indictment is merely an allegation and that the guilt of the defendants must be proven beyond a reasonable doubt.
Acting U.S. Attorney Evans praised the work of the FBI New Orleans Violent Crime Task Force, along with the New Orleans Police Department, and the Louisiana State Police in investigating this matter. Assistant United States Attorneys Michael E. McMahon, Brittany Reed, and Jonathan Shih are in charge of the prosecution.
Hudson County Man Admits Robbing Jersey City BankRead the Press Release
NEWARK, N.J. – A Bayonne, New Jersey, man today admitted robbing Bayonne Community Bank in Jersey City, New Jersey, on May 25, 2016, Acting U.S. Attorney William E. Fitzpatrick announced.
Patrick O’Boyle, 60, pleaded guilty before U.S. District Judge Susan D. Wigenton in Newark federal court to an indictment charging him with one count of bank robbery.
According to documents filed in this case and statements made in court:
On May 25, 2016, O’Boyle robbed the Bayonne Community Bank by approaching the teller and demanding all “your 100s, 50s, and 20s and make it quick because my car is double parked outside.” O’Boyle had his left arm clutched at his side as if he had something under his hooded sweatshirt, which the teller thought might have been a gun. The teller handed him cash, and O’Boyle fled the bank.
The bank robbery charge carries a maximum penalty of 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Feb. 20, 2018.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and officers of the Jersey City Police Department, under the direction of Director James Shea, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Ari B. Fontecchio of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Carol Gillen Esq., Assistant Federal Public Defender, Newark
Hampshire County man sentenced for heroin distributionRead the Press Release
MARTISNBURG, WEST VIRGINIA – Amos Crites, of Bloomery, West Virginia, was sentenced today to 78 months incarceration for distributing heroin, United States Attorney William J. Powell announced.
Crites, age 38, pled guilty to one count of “Conspiracy to Distribute a Controlled Substance” in June 2017. The crime took place in Hampshire County in July 2015.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Four Men Sentenced in Honduran Heroin Trafficking ConspiracyRead the Press Release
Two men from Honduras and two local men have been sentenced in federal court by Chief U.S. District Judge Waverly Crenshaw, Jr., for their involvement in a Honduran heroin-trafficking conspiracy, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Andrew Morris, 30, of Hendersonville, Tenn., was sentenced on Friday to 120 months in prison. In October, James Whitley, 24, of Nashville, Tenn., was sentenced to five years in prison and Victor Cardoza, 26, and Diego Hernandez, 31, both of Honduras, were sentenced to 18 months and five years in prison, respectively. Both are subject to deportation at the conclusion of their sentence.
All were indicted in April 2016 and later pleaded guilty to conspiring to distribute 100 grams or more of heroin and distribution of heroin.
“Drug traffickers who continue to fuel the opioid epidemic facing this nation will be aggressively sought and prosecuted by the U.S. Attorney’s Office and our law enforcement partners,” said U.S. Attorney Cochran. “Significant federal prison sentences await those who are convicted of trafficking opioids and there is no parole in the federal system.”
According to court documents, members of the conspiracy utilized a network of telephone numbers which distributors and users would call and request heroin. A dispatcher would then direct them to specific locations in the Nashville area before sending a person to the area to complete the transaction.
During the investigation and while dismantling the operation, investigators seized over $10,000 in cash, seven vehicles, over 7.5 ounces of methamphetamine, 6 ounces of heroin and 15 grams of cocaine during the operation.
This case was investigated by the Drug Enforcement Administration, the Tennessee Bureau of Investigation, the 18th Judicial District Drug Task Force and the Metropolitan Nashville Police Department. The case was prosecuted by Assistant United States Attorney Ahmed A. Safeeullah.
Former Winnebago Tribal Council Member Sentenced for Theft from an Indian Gaming EstablishmentRead the Press Release
Acting United States Attorney Robert C. Stuart announced today that on November 6, 2017, Chief United States District Court Judge Laurie Smith Camp sentenced Thomas Snowball, age 56, of Winnebago, Nebraska, for his conviction for theft from an Indian gaming establishment. Snowball was sentenced to five years of probation and 150 hours of community service. He was further ordered to pay restitution in the amount of $36,500.
Snowball was the Treasurer of the tribal council of the Winnebago Tribe of Nebraska. Beginning in 2013 and continuing through September of 2014, Snowball began taking unauthorized disbursements from the WinnaVegas Casino and Resort in the total amount of $36,500. These disbursements were in the form of gift certificates which he did not pay for and deposits to a re-loadable debit card. The disbursements were in addition to the salary Snowball received from the Winnebago Tribe as a tribal council member. However, the disbursements were not paid through the payroll department of the Winnebago Tribe and were never authorized at a regular or special meeting of the tribal council. Further, the disbursements were concealed from the Winnebago Gaming Commission which oversaw the operations of the casino and was required to approve financial transactions of the casino.
This case was investigated by the Federal Bureau of Investigation.
Former Hospital Executive Sentenced to Prison Term for Stealing over $390,000 from Medical AssociationRead the Press Release
WASHINGTON - Deborah A. Morrison, a former executive at Providence Hospital, was sentenced today to 18 months in prison on a federal charge stemming from her theft of $391,600 from an association of medical professionals, announced U.S. Attorney Jessie K. Liu and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office.
Morrison, 60, of Bethesda, Md., pled guilty in July 2017, in the U.S. District Court for the District of Columbia, to transportation of money taken by fraud. She was sentenced by the Honorable James E. Boasberg. Following her prison term, Morrison will be placed on three years of supervised release. Judge Boasberg also ordered her to pay $391,600 in restitution and an identical amount in a forfeiture money judgment.
According to a statement of offense submitted as part of the guilty plea, Morrison worked for Providence Hospital from 1978 until 2016, with much of her career in executive positions. Apart from her official work duties, since at least 2001, Morrison oversaw the bank accounts of the Providence Hospital Medical Staff, an association comprised of medical professionals at the facility. In that role, she had access to the checkbooks and reviewed the account statements.
From December 2009 until December 2015, according to the statement of offense, Morrison wrote approximately 140 checks, totaling $391,600, from one of the association’s bank accounts containing dues payments. She endorsed the front of the checks with a signature stamp of a former President of the Medical Staff who no longer worked at Providence Hospital. She deposited all of the checks into her personal bank account.
In announcing the sentence, U.S. Attorney Liu and Assistant Director in Charge Vale commended the work of those who investigated the case from the FBI’s Washington Field Office. They also acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Paralegal Specialists Kristy Penny, Joshua Fein, and C. Rosalind Pressley. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Anthony Saler, who prosecuted the case.
Former Chief Financial Officer Sentenced for Stealing $2.8 million from CompanyRead the Press Release
St. Louis, MO – Ramon “Trey” Luina III was sentenced to 41 months in prison in connection with his embezzlement of approximately $2.8 million from CMS Communications Inc. In addition to the prison sentence, Luina was ordered to pay restitution in the amount of $2,257,413.04. The loss amount differs from the restitution order because Luina began restitution payments prior to sentencing.
According to court documents, from approximately July 2006 through August 2016, Luina wrote checks from CMS to himself and other entities for personal benefits such as the construction of his lake house, vehicles for private use, professional services, rent for other business ventures not related to CMS, vacations, and credit card payments. Luina used CMS funds, via wire transfers and ACH payments, to make payments to his personal credit cards and invoices related to construction on his lake house. Luina also created fictitious vendors and listed these companies as consultants to CMS. Luina then directed payments, for fictitious work, to the vendors as another route to direct funds from CMS to Luina. Additionally, Luina fraudulently increased his payroll salary which was received via direct deposit. This, in turn, falsely inflated his 401k match and bonuses. Additionally, Luina falsely took partnership disbursements for CMS Partnership although he never completed the process of partnership.
In total, Luina embezzled over $2.8 million from CMS for his personal benefit, and the benefit of others, during the relevant timeframe.
Luina, 42, Chesterfield, MO, pled guilty in July to one felony count of mail fraud.
The case was investigated by the U.S. Postal Inspection Service and the Federal Bureau of Investigations. Assistant United States Attorney Dianna Collins is handling the case for the U.S. Attorney’s Office.
Former Bail Bondsman Sentenced to 49 Months in Federal Prison for Conspiring with Drug Counselor to Obstruct Justice While on Supervised ReleaseRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – U.S. District Judge James K. Bredar sentenced, Anthony Evans Owings Seen, a/k/a “Tony”, age 31, of Glen Burnie, Maryland to 37 months in prison, followed by three of supervised release, for conspiring to obstruct of justice and obstruction of justice, in connection with concealing violations by both pretrial and supervised release defendants from United States Probation and Pretrial Services and Federal Judges. Seen was also sentenced to 12 months and a day for committing his crimes while on federal supervised release.
Co-conspirator Jennifer Hamersky, a/k/a Jennifer Maroney a/k/a Jennifer Hurt, age 33, of Severn, Maryland previously plead guilty and is scheduled to be sentenced on November 28, 2017 at 4:00 p.m.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; William F. Henry, Chief, U.S. Probation and Pretrial Services Office, District of Maryland; and Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office.
According to Seen’s plea agreement, at the time of the conspiracy to obstruct justice, Seen was on supervised release in an unrelated case in the United States District Court for the District of Maryland for Conspiracy to Distribute and Possess with Intent to Distribute more than 100 Kilograms of Marijuana. While on supervised release, Seen was under the supervision of the United States Probation and Pretrial Services (“USPO”). Seen’s conditions of supervised release included that he was not permitted to possess or use controlled substances as well as act as a bail bondsman or in the bail bond industry. Seen was previously a licensed bail bondsman by the state of Maryland’s Insurance Administration.
Co-conspirator Hamersky, a Clinical Professional Addictions Counselor, licensed by the State of Maryland’s Department of Health and Mental Hygiene, was also a contractor who provided services for USPO. Specifically, Hamersky worked with defendants in the United States District Court for the District of Maryland, including mental health and substance abuse counseling, and urinalysis testing.
Person A, who was on pretrial release under the supervision of USPO, met Hamersky in September 2015, when she conducted an initial substance abuse screening as part of his pretrial release supervision. Hamersky recommended, and USPO concurred, that Person A attend individual and group counseling sessions and submit to random urinalysis testing.
Person S, was a resident of Maryland, and on supervised release under the supervision of USPO for conspiracy to Distribute and Possess with Intent to Distribute 100 Kilograms or More of Marijuana. Person S, as part of his supervised release conditions, was ordered by a United States Judge for the United States District Court for the District of Maryland not to possess or use controlled substances.
Hamersky served as Person A’s pretrial release substance abuse and mental health counselor from September 2015 through February 2016, and again from August 2016 through February 2017, with a break due to Person A’s incarceration. Hamersky was responsible for communicating Person A’s compliance with pretrial release conditions regarding potential violations involving counseling and urinalysis testing to USPO. As part of her duties as a substance abuse counselor Hamersky also had access to Person S’s urinalysis testing schedule.
Plea documents show that Seen and Hamersky conspired to obstruction of justice in an effort to conceal from USPO officers and U.S. Magistrate and District Court Judges, Person A’s violations of his conditions of release. The violations include use of narcotic drugs or other controlled substances by both Person A and Person S; failure to appear for urinalysis testing by Person A; and failure to appear for counseling sessions by Person A.
From September 2016 through February 2017, Seen conspired with Hamersky to prevent the communication to a law enforcement officer and U.S. Magistrate and District Court Judges information relating to violations of Person A’s conditions of release. Seen and Hamersky also used cocaine, oxycodone and Methylenedioxy-Methamphetamine otherwise known as MDMA while Defendant Seen was on federal supervised release. Hamersky also used narcotic drugs, including using oxycodone, with Person A while Person A was on federal pretrial release.
For example, in November of 2016, Seen met with Person A at Seen’s bail bonds shop in Glen Burnie, Maryland so that Person A could sign his USPO November 2016 and December 2016 reports reflecting Person A’s attendance at urinalysis testing and counseling sessions. At the time Seen knew that Person A had not attended urinalysis testing and counseling sessions. Seen then provided Person A’s reports to Hamersky who submitted them to USPO. Following his meeting with Person A and in an effort to conceal Seen and Hamersky’s conspiracy, Seen sent a text message to Person A asking Person A to delete any text messages between Seen and Person A and any texts messages between Hamersky and Person A.
Also in November 2016, Person S asked Seen for information about his urinalysis testing schedule so that Person S could consume controlled substances and avoid detection by USPO. Seen then contacted Hamersky who informed Seen that Person S would not have an upcoming urinalysis test. Seen then provided this urinalysis testing information to Person S.
In December 2016, after learning that the Special Agents from the Federal Bureau of Investigation were investigating Seen and Hamersky’s conduct, Seen sent a text message to Hamersky stating, “I just want to be safe, I don’t want him telling the Feds I’m meeting him to get papers signed and get violated.” Seen then described Person A as a “rat” and Seen then told Hamersky to go onto a federal court website to see if Person A was meeting with law enforcement representatives.
Finally, in January 2017, Person A missed a urinalysis test and contacted Seen for help in covering-up the missed test. Seen then contacted Hamersky and stated, “[h]e wants u to fix (sic) a drug test I told him 500$, nah I’m kidding he said he give u 500$, I said I’ll ask her but s-it I mean it’s up to you.” While discussing whether to help Person A, Hamersky texted Seen and explained that in, “[r]eality is it’s no big deal [f]or me to call and do it. It’s just after all the other stuff. But he knows I can do it.” Seen then replied, “Well I’ll tell (sic) him when money in my hand u do it.” Hamersky replied “[o]k” and then left a voicemail message for Person A’s USPO agent stating, “I’ve got no missed urines for [Person A], or anything like that, and all his urines have come through as negative so he has been compliant and everything been going ok.” Hamersky then told Seen that she left a voicemail message for Person A’s USPO officer stating that Person A had not missed his urinalysis test. After Person A learned that Hamersky had covered-up his missed urinalysis test he sent her a text message stating, “[t]hank you so much. If u want that money let me know I was being serious u saved my a-- today.” Hamersky then forwarded this text message to Seen who replied to Hamersky, “I’m call him and tell him I want that money tomorrow.”
Acting United States Attorney Stephen M. Schenning commended the FBI, USPO, and DEA for their work in the investigation. Mr. Schenning thanked Assistant United States Attorneys Phil Selden and Rachel Yasser, who prosecuted the case.
Former Assistant Prosecutor Charged with Tax Fraud, Theft of Government MoneyRead the Press Release
COLUMBUS, Ohio – A federal grand jury has charged Michael (also known as Mickey) A. Prisley, 52, of Columbus, and Tawnya Writesel, also known as Tawnya Rutan, 38, of Columbus, with eight charges related to fraudulent tax claims and theft of government money in an indictment returned here Thursday and unsealed today.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Ryan L. Korner, Special Agent in Charge, Internal Revenue System (IRS) Criminal Investigation, Cincinnati Division, announced the charges.
The indictment alleges that Prisley and Writesel, along with others, conspired to submit false claims for income tax refunds.
Writesel would allegedly obtain the identification details of real people, including their names, social security numbers and dates of birth. Those individuals were then claimed as dependents, even though they were not actually dependents of the filers.
“Prisley allegedly received the tax refund checks into his bank accounts and then withdrew cash in order to pay his co-conspirators their shares,” U.S. Attorney Glassman said. “He received drugs and controlled substances in exchange for cashing the refund checks.”
It is also alleged that he provided others with false power of attorney forms so that his co-conspirators could cash fraudulently obtained tax refund checks without the listed taxpayer’s knowledge.
Prisley is a former assistant prosecuting attorney for Athens County.
“It is unfortunate that someone who was trusted to prosecute criminals is now on the other side of the table facing his own criminal allegations,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
According to court documents, the defendants filed approximately 167 false and fictitious tax returns in order to obtain fraudulent refunds totaling roughly $901,500.
Co-defendants Amy K. France and Denard T. Nelson were also charged in relation to this case. France pleaded guilty in June 2016 to one count of conspiracy to submit false claims and one count of identity theft and was sentenced in January to 37 months in prison. France was also ordered to pay nearly $467,000 in restitution.
Nelson pleaded guilty in September 2015 to one count of identity theft and was sentenced in May 2016 to five years of probation. He was also ordered to pay more than $87,000 in restitution.
U.S. Attorney Glassman commended the investigation of this case by the IRS Criminal Investigation, and Assistant United States Attorney Jessica H. Kim, who is prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Florida Man Admits to Engaging in Weeklong Robbery SpreeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ROBERT ABEL, 55, of St. Augustine, Florida, pleaded guilty today in Hartford federal court to one count of bank robbery and also admitted to two armed robberies in Florida and a carjacking in South Carolina.
According to court documents and statements made in court, on February 11, 2017, ABEL, brandishing a long silver blade, robbed a McDonald’s restaurant in East Palm Coast, Florida. On February 12, brandishing a long knife, he robbed a CVS in St. Augustine, Florida. ABEL stole a total of approximately $733 during these two robberies.
On February 15, ABLE stole a car from a woman in South Carolina, ordering the victim not to move or he would shoot her.
On February 17, ABEL stole $1,517 during a robbery of a Webster Bank branch in Stratford. He then attempted to rob a Walgreens Pharmacy in Stratford, but left the store without any money.
ABEL has been detained since his arrest by the Milford Police Department on February 17, 2017.
ABEL is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on January 31, 2018, at which time he faces a maximum term of imprisonment of 20 years.
This matter has been investigated by the Federal Bureau of Investigation, Stratford Police Department and Milford Police Department, with the assistance of the Summerville (S.C.) Police Department, St. Augustine Police Department and the Flagler County (Fla.) Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Five Facing Federal Cocaine Trafficking Conspiracy ChargesRead the Press Release
PITTSBURGH – Five men have been arrested and charged in federal court with conspiracy to distribute cocaine, Acting United States Attorney Soo C. Song announced today.
The criminal complaint charges Don Juan Mendoza, age 38, of Lawrenceville, Georgia; Jamie Lightfoot, Jr., age 25, of, Verona, Pennsylvania; Pedro Alejandro Blanco, age 39, of Jacksonville, Florida; Brian Powell, age 39, of Jacksonville, Florida; and Troy Rowe, age 28, of Columbia, South Carolina, with conspiring to possess with intent to distribute and distribution of five kilograms or more of cocaine.
Acting U.S. Attorney Song said, “This seizure of 52 kilograms of cocaine is among the largest in Western Pennsylvania history and is a testament to proactive investigative work by federal, state and local partners. While fentanyl and heroin remain the most lethal threats, we are witnessing an alarming rebound in cocaine production and availability.”
According to the criminal complaint, the defendants were part of a large-scale drug trafficking scheme. Brian Powell, Troy Rowe and Pedro Blanco were involved in the transport of an RV, registered to Mendoza’s mother, containing drugs from the Los Angeles area to the Penn Hills residence of Jamie Lightfoot, Jr. Don Juan Mendoza also arrived at the Lightfoot residence about the same time as the RV containing the drugs.
According to the complaint, a search of the RV revealed approximately 52 kilograms of cocaine, approximately 85 pounds of marijuana, and two firearms. The cocaine and marijuana were secreted in a compartment underneath the bunk beds in the RV. The two firearms were found in the same compartment as some of the cocaine and marijuana. The complaint also alleges that hundreds of thousands of dollars were recovered during a search of Lightfoot, Jr.’s residence.
The defendants appeared today in federal court in Pittsburgh before U.S. Magistrate Judge Lisa Pupo Lenihan. The government is seeking detention of the defendants pending trial.
The law provides for a minimum sentence of 10 years in prison and up to life, a fine of $10 million, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case. The Federal
Bureau of Investigation and the Pennsylvania State Police, with assistance from the South Strabane
Police Department, the Elizabeth Borough Police Department, the Penn Hills Police Department
and the Perryopolis Police Department, conducted the investigation that led to the complaint
against these individuals.A criminal complaint is only a charge and is not evidence of guilt. A defendant may not be
prosecuted unless, within 30 days, a grand jury has found probable cause to believe that he is guilty
of an offense.Federal Jury Convicts Texas Mexican Mafia Members in Connection with the Death of Balcones Heights Police Officer Julian PesinaRead the Press Release
In San Antonio today, a federal jury convicted Texas Mexican Mafia (TMM) members Jesse Santibanez, age 29, and Alfredo Cardona, age 36, in connection with the death of Balcones Heights Police Officer Julian Pesina in 2014 announced United States Attorney Richard L. Durbin, Jr.; Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division; Texas Department of Public Safety Director Steve McCraw; and, San Antonio Police Chief William McManus.
The jury convicted both defendants of one count of murder in aid of racketeering and one count of discharging a firearm during a murder in aid of racketeering. Another TMM member, Ruben Reyes, previously pleaded guilty to similar charges that included this murder. A fourth TMM member, 37-year-old TMM member Jerry Idrogo pleaded guilty on August 11, 2016, to a racketeering conspiracy charge that included this murder.
Evidence presented during trial revealed that the defendants murdered Pesina on May 4, 2014, in front of his business, the Notorious Ink Tattoo and Piercing Studio, located on Hillcrest Drive.
Testimony during trial revealed that Pesina had claimed membership in the TMM, was selling narcotics and paying the “dime” (the 10% street tax) to the TMM, when the TMM learned that Pesina was a Balcones Heights Police Officer. On May 4, 2014, Idrogo contacted Pesina and arranged for pickup of the “dime” outside of Pesina’s tattoo shop. Just before meeting Pesina, Idrogo dropped off Santibanez and Cardona on the side of the building. Once Pesina walked up to the car and handed Idrogo the “dime” payment money, Santibanez and Cardona came around the corner and shot and killed Pesina.
Santibanez, Cardona and Idrogo all remain in federal custody. Santibanez and Cardona each face a minimum mandatory sentence of life in federal prison. They are scheduled to be formally sentenced on February 8, 2018, before United States District Judge Xavier Rodriguez. Sentencing for Idrogo is scheduled for 1:30pm on November 29, 2017, before Judge Rodriguez. Reyes was previously sentenced to five consecutive life-imprisonment terms.
The FBI together with the Texas Department of Public Safety, the San Antonio Police Department and the Bexar County Sheriff’s Office investigated this case.
Federal Grand Jury Charges Miranda Gilbert with Violating Federal Firearms Laws and Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – A federal grand jury has filed an indictment charging Miranda Gilbert, 30, of Albuquerque, N.M., with violating the federal firearms laws by unlawfully possessing firearms and ammunition and with assaulting a federal officer.
Acting U.S. Attorney James D. Tierney said that Gilbert, whose criminal history includes at least ten prior felony convictions, will be prosecuted under the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent and repeat offenders, primarily based on their prior felony convictions, for federal prosecution with the goal of removing them from communities in New Mexico for as long as possible.
Gilbert is charged in a three-count indictment that was filed under seal on Nov. 1, 2017 and was unsealed earlier today. The indictment charges Gilbert with unlawfully possessing a firearm and ammunition in Bernalillo County, N.M., on Aug. 20, 2017, and again in Guadalupe County, N.M., on Aug. 21, 2017. According to the indictment, Gilbert was prohibited from possessing firearms or ammunition because she has been convicted of at least ten felony offenses. The indictment also alleges that Gilbert assaulted a federal officer in Guadalupe County on Aug. 21, 2017.
Gilbert faces a maximum statutory penalty of ten years of imprisonment on each of the two felon in possession of firearms charges. However, if the court determines that Gilbert is an armed career criminal, she faces an enhanced sentence of a mandatory minimum 15 years to a maximum of life imprisonment on the firearms charges. Gilbert also faces a statutory maximum penalty of 20 years of imprisonment on the assault on a federal officer charge. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Gilbert is currently in state custody in connection with violation of probation proceedings and will be transferred to federal custody to face the charges in the indictment.
The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case with assistance from the U.S. Marshals Service, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.
Eagle Butte Man Convicted of AssaultsRead the Press Release
United States Attorney Randolph J. Seiler announced that Phillip Mound, age 26, of Eagle Butte, South Dakota, was found guilty of Simple Assault and Assault by Striking, Beating, and Wounding, as a result of a federal jury trial in Pierre, South Dakota.
The Simple Assault charge carries a maximum penalty of 6 months in custody and/or a $5,000 fine, a $10.00 assessment to the Federal Crime Victims Fund, and restitution. The Assault by Striking, Beating, and Wounding charge carries a maximum penalty of 1 year in custody and/or a $100,000 fine; 1 year of supervised release, a violation of the condition of his supervision could result in 1 year of additional incarceration on any such revocation; a $25.00 assessment to the Federal Crime Victims Fund; and restitution.
Mound was indicted by a federal grand jury on December 14, 2016.
The conviction stems from an incident on October 18, 2016, when Mound threw two objects at his intimate partner, striking her in the face, causing blindness to her right eye.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for January 22, 2018. The defendant was remanded to the custody of the U.S. Marshals Service.
Denaturalization Sought Against Four Somalia-Born Individuals Who Falsely Claimed to be a Family and Were Admitted to the United States on Diversity Immigrant VisasRead the Press Release
The U.S. Department of Justice, the U.S. Department of State, and the U.S. Department of Homeland Security announced today that the United States filed civil complaints in the District of Minnesota against four individuals who allegedly fraudulently obtained their naturalized U.S. citizenship. The complaints allege that the individuals—a purported husband, wife, and two sons—unlawfully, knowingly, and fraudulently represented to immigration officials that they were a family to gain admission to the United States through the Diversity Immigrant Visa Program. Each individual, the complaints allege, ultimately naturalized due to his or her fraudulent representations.
“For decades, the American people have begged and pleaded with their government for a lawful system of immigration that serves the national interest—a system that has as its foremost priorities their safety, their jobs, and their well-being,” Attorney General Jeff Sessions said. “The current immigration system is easily abused by fraudsters and nefarious actors, and that’s certainly true of the Diversity Immigrant Visa Program. If the fraud is not detected and swift enforcement actions are not taken, chain migration only multiplies the consequences of this abuse. Unfortunately, there are many instances of fraud across our immigration system. The American people deserve a better system that works for them, and the Department of Justice will continue its efforts to deliver one to them.”
The four cases, United States v. Fosia Abdi Adan; United States v. Ahmed Mohamed Warsame; United States v. Mustaf Abdi Adan; and United States v. Faysal Jama Mire were referred to the Department of Justice by the U.S. Department of State’s Diplomatic Security Service (DSS) and U.S. Immigration and Customs Enforcement (ICE), with investigative support from ICE’s Homeland Security Investigations and U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security Directorate.
“I previously taught civics classes, and saw firsthand how hard people work to come to the United States legally and honestly,” Acting Secretary Elaine Duke said. “They were so proud of their accomplishments. It is out of respect for those people that we cannot tolerate fraud, deception, and abuse of our legal immigration system. Fraudulently obtained citizenship is an affront to our American values, the rule of law, and all those who honestly attained their immigration status.”
“We are pleased at the outcome of the Justice Department’s investigation,” Assistant Secretary of State for Consular Affairs Carl Risch said. “The Department of State values the partnership with the Justice Department in our efforts to vigorously prevent and jointly combat U.S. passport and visa fraud. Deterring, detecting, and investigating U.S. passport and U.S. visa fraud are essential to protecting the integrity of consular processes and safeguarding our national security.”
A description of each of the four cases and the allegations of the United States are as follows:
Fosia Abdi Adan
Fosia Abdi Adan, 51, a native of Somalia, applied for and received a diversity visa from the U.S. Embassy in Sanaa, Yemen, under the Diversity Visa (DV) Program on Jan. 10, 2001, and used her visa to unlawfully obtain beneficiary visas for the below individuals who were ineligible to be beneficiaries. Adan arrived and was admitted to the United States on Jan. 29, 2001, on her diversity immigrant visa as a permanent resident. Throughout the diversity visa application process, Adan fraudulently claimed that she was married to Jama Solob Kayre, the fictitious identity used by Ahmed Mohamed Warsame, and that she and Kayre had three children together. Such children included Mohamed Jama Solob, the fictitious identity used by Mustaf Abdi Adan, and Mobarak Jama Solob, the fictitious identity used by Faysal Jama Mire. Adan and Warsame, who used the fictitious identity of Jama Solob Kayre, obtained a divorce in Minnesota for their fictitious marriage after Adan was admitted as a permanent resident. Adan continued to fraudulently represent her previous fictitious marriage and fraudulently represent her fictitious parentage of Mohamed Jama Solob and Mobarak Jama Solob, throughout the naturalization process. Adan naturalized on Aug.16, 2006. Adan has been residing in Eden Prairie, Minnesota. Among other counts contained in the complaint filed against Adan, the United States alleges that she was not lawfully admitted for permanent residence because she engaged in alien smuggling as defined by the Immigration and Nationality Act, and thus was never eligible to naturalize.
Ahmed Mohamed Warsame
Ahmed Mohamed Warsame aka Jama Solob Kayre, 54, a native of Somalia, using the fictitious identity of Jama Solob Kayre, applied for and received a beneficiary diversity visa as the fictitious spouse of Fosia Abdi Adan, the principal diversity visa immigrant of the fictitious family. Warsame unlawfully obtained his visa as the spouse of a diversity visa immigrant from the U.S. Embassy in Sanaa, Yemen, under the DV Program on Jan. 10, 2001. Warsame arrived and was admitted to the United States on May 30, 2001, on his diversity immigrant visa as a permanent resident. Throughout the diversity visa application process, Warsame fraudulently claimed that he was married to Adan and that he and Adan had three children together. Such children included Mohamed Jama Solob, the fictitious identity used by Mustaf Abdi Adan, and Mobarak Jama Solob, the fictitious identity used by Faysal Jama Mire. Adan and Warsame, who used the fictitious identity of Jama Solob Kayre, obtained a divorce in Minnesota for their fictitious marriage after Warsame was admitted as a permanent resident. Warsame continued to fraudulently represent his previous fictitious marriage and fraudulently represent his fictitious parentage of Mohamed Jama Solob and Mobarak Jama Solob, throughout the naturalization process. Warsame, using the fictitious name of Jama Solob Kayre, naturalized on Sept. 13, 2006. During his naturalization, he changed his name to Ahmed Mohamed Warsame. Warsame has been residing in St. Cloud, Minnesota.
Mustaf Abdi Adan
Mustaf Abdi Adan aka Mohamed Jama Solob, 33, a native of Somalia, using the fictitious identity of Mohamed Jama Solob, applied for and received a beneficiary diversity visa as the fictitious child of Fosia Abdi Adan, the primary diversity visa immigrant of the fictitious family. Adan unlawfully obtained his visa as the child of a diversity visa immigrant from the U.S. Embassy in Sanaa, Yemen, under the DV Program on Sept. 30, 2001. He arrived and was admitted to the United States on Dec. 9, 2001, on his beneficiary diversity immigrant visa as a permanent resident. Throughout the diversity visa application process, he fraudulently claimed that Fosia Abdi Adan was his mother and that Warsame, under the identity of Jama Solob Kayre, was his father. Mustaf Abdi Adan, using the fictitious name of Mohamed Jama Solob, naturalized on July 24, 2013, and at that time changed his name to Mustaf Abdi Adan. He has been residing in Minneapolis, Minnesota.
Faysal Jama Mire
Faysal Jama Mire aka Mobarak Jama Solob, 31, a native of Somalia, using the fictitious identity of Mobarak Jama Solob, applied for a beneficiary diversity visa as the fictitious child of Fosia Abdi Adan, the primary diversity visa immigrant. Mire unlawfully obtained his beneficiary visa as the child of a diversity visa immigrant from the U.S. Embassy in Sanaa, Yemen, under the DV Program on Sept. 30, 2001. He arrived and was admitted to the United States on Dec. 9, 2001, on his beneficiary diversity immigrant visa as a permanent resident. Throughout the diversity visa application process, he fraudulently claimed that Fosia Abdi Adan was his mother and that Warsame, under the identity of Jama Solob Kayre, was his father. Faysal Jama Mire, using the fictitious name of Mobarak Jama Solob, naturalized on April 14, 2010, and at that time changed his name to Faysal Jama Mire. He has been residing in Hennepin County, Minnesota.
Under the Immigration and Nationality Act, the citizenship of a naturalized U.S. citizen may be revoked, and his or her certificate of naturalization canceled, if such naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation.
These cases were investigated by DSS, ICE, USCIS, and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). These cases are being prosecuted by Trial Attorney Anthony D. Bianco of OIL-DCS’s National Security and Affirmative Litigation Unit (NS/A Unit) and Trial Attorney Kathryne Gray of OIL-DCS, with support from Senior Attorney Lucia A. Fiorentino of ICE’s Office of the Principal Legal Advisor.
The claims made in the complaints are allegations only, and there has been no determination of liability.
Clairton Man Sentenced for Conspiring to Smuggle Misbranded Drugs into the USRead the Press Release
PITTSBURGH - A resident of Allegheny County, Pennsylvania, has been sentenced in federal court to three years probation, six months home detention, a $15,000 fine and forfeiture of $100,000 on his conviction of conspiracy to smuggle misbranded drugs and conspiracy to money launder, Acting United States Attorney Soo C. Song announced today.
United States District Judge Cathy Bissoon imposed the sentence on Kenneth F. Evancic, 68, of Clairton, PA.
According to the information presented to the court Evancic ordered, had delivered and paid for pharmaceutical drugs made outside of the U.S.A. Evancic wire transferred to Canada a total of $29,449.08 from July 2009 to June 2011 in payment for the smuggled drugs.
Assistant United States Attorney Nelson P. Cohen prosecuted this case on behalf of the government.
The Acting U.S. Attorney commended the U.S. Food and Drug Administration, Office of Criminal Investigation and the U.S. Internal Revenue Service, Criminal Investigations for the successful investigation that led to the prosecution of Kenneth F. Evancic.
Citizen of Dominican Republic Sentenced to 24 Months for Illegal Re-entryRead the Press Release
SYRACUSE, NEW YORK – Radhames Perez a/k/a Edwin Perez, age 37, and a citizen of the Dominican Republic, was sentenced today to 2 years in prison for illegally re-entering the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office for Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Perez admitted that he was convicted in New York County Supreme Court of criminal sale of crack cocaine in the second degree in May 2003, for which he received a sentence of 3 years to life in prison. Perez was released from state prison in December 2003 and was removed from the United States. He was then found in the United States in June 2017 when he was arrested on state charges in Herkimer County, as part of a crackdown on a cock-fighting ring. Those state charges are presently unresolved.
United States District Judge Brenda K. Sannes also ordered Perez to serve a 3-year term of supervised release should he remain in the United States after completion of his 2-year prison term. Perez will also face removal from the United States when he is released from prison.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Michael F. Perry.
Chariot Transit Inc. Enters Agreement to Ensure Full Accessibility of Commuter VehiclesRead the Press Release
SAN FRANCISCO – Chariot Transit, Inc. has entered a landmark settlement agreement with the United States Attorney’s Office to resolve allegations that the San Francisco-based company violated Title III of the Americans with Disabilities Act (ADA) by discriminating against customers with disabilities, announced United States Attorney Brian J. Stretch. As part of the settlement, Chariot will pay a $50,000 civil penalty to the United States and take numerous steps to ensure that it provides equivalent service to individuals with disabilities.
Chariot, a private transportation company with its principal place of business in San Francisco, provides private commuter transportation services in the San Francisco Bay Area, New York City, and Austin, Texas. Customers may request rides through a smartphone application, and the Chariot commuter vehicle stops at pre-determined locations if customers have requested a vehicle to stop there. An investigation by the United States determined that from July 2015 to November 2016, Chariot may have violated the ADA by leasing at least 161 new 14-passenger vehicles for use in its services in the San Francisco Bay Area and Austin, none of which were readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. During this time, Chariot’s website and individual responses to customer inquiries indicated that Chariot only provided service to individuals who use wheelchairs if they could transfer to a seat and if there was space for their wheelchair that did not take the seat of another passenger; those who required an accessible vehicle would only be provided “accessible resources in the region.”
“Passengers with disabilities are entitled to equal access to the innovative forms of transportation available in today’s market,” said United States Attorney Stretch. “With this agreement, Chariot has pledged its commitment to ensure individuals who use wheelchairs receive the same service as other passengers.”
Pursuant to the settlement, Chariot will pay a $50,000 civil penalty to the United States and will make the following changes:
- Operate sufficient readily accessible vehicles in each market to ensure individuals with disabilities receive equivalent service.
- Not require passengers with disabilities, including individuals who use wheelchairs, to book a Chariot trip differently from any other passenger.
- Ensure the Chariot smartphone application requests all relevant information from passengers such that a separate phone call or message with Chariot staff will not be required for passengers with disabilities.
- Conduct ADA training for employees who interact with commuter customers, commuter vehicles, or the commuter customer-facing smartphone application (including product design employees, customer success managers and agents, Charioteers (drivers), captains, marketing employees, brand ambassadors, dispatchers, operations employees, and general managers). The training will include instruction on the ADA requirements for private entities operating a transportation system and Chariot’s policies and practices regarding accommodation of individuals with disabilities.
Assistant U.S. Attorney Erica Blachman Hitchings is handling the matter on behalf of the U.S. Attorney’s Office for the Northern District of California.
Bridgeport Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ROBERT BOWENS, 34, of Bridgeport, pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to one count of possession of a firearm by a previously convicted felon.
According to court documents and statements made in court, on April 22, 2017, Connecticut State Police stopped a vehicle BOWENS was operating on I-95 in Bridgeport. BOWENS attempted to flee and, during a struggle with troopers, produced a 9mm handgun. Troopers knocked the firearm from BOWENS’ hand, but BOWENS broke free, jumped into an SUV that had arrived at the scene, and the vehicle fled. BOWENS was apprehended on May 9.
BOWENS’ criminal history includes state felony convictions for possession with intent to sell, criminal possession of a weapon, and forgery. He also has a prior federal conviction for possession of a firearm by a previously convicted felon, for which he was sentenced, in May 2009, to 57 months of imprisonment and two years of supervised release. He was released from federal custody in June 2015.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
BOWENS has been detained since his arrest.
Judge Arterton scheduled sentencing for January 29, 2018, at which time BOWENS faces a maximum term of imprisonment of 10 years. He also faces an additional term of imprisonment if he is found to have violated his supervised release.
This matter has been investigated by the Federal Bureau of Investigation and the Connecticut State Police, with the assistance of the U.S. Marshals Connecticut Violent Fugitive Task Force and the Bridgeport Police Department. The case is being prosecuted by Assistant U.S. Attorney Jacabed Rodriguez-Coss.
Bradenton Man Pleads Guilty to Producing and Possessing Child PornographyRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that Paul Fabrizio Solis (40, Bradenton) has pleaded guilty to producing and possessing child pornography. He faces a minimum mandatory sentence of 15 years, up to 30 years, in federal prison for the production charge, and up to 10 years’ imprisonment for the possession charge.
According to court documents, Solis took explicit photographs of a young child who was in his care. He kept the images on a thumb drive hidden in a locked safe in his home. He also had more than 4,000 videos and images of child pornography stored on his laptop computer.
This case was investigated by the Federal Bureau of Investigation - Tampa Division, with support from the Bradenton Police Department. The case is being prosecuted by Assistant United States Attorney Kristen A. Fiore.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Boston Man Sentenced for Bank Robbing SpreeRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for robbing three banks in May 2016.
Jeremy D. Woodley, 38, was sentenced by U.S. District Court Judge Leo T. Sorokin to 100 months in prison and three years of supervised release. In June 2017, Woodley pleaded guilty to three counts of bank robbery.
On May 5, 2016, an individual later identified as Woodley, entered a branch of Santander Bank in Boston and handed the teller a note indicating a robbery and that he was armed. The teller gave Woodley $599, and Woodley fled the bank. A similar robbery occurred on May 17, 2016, at another branch of Santander Bank, and again on May 21, 2016, at a branch of Commerce Bank in Boston. The banks were robbed of $927 and $1,995, respectively.
Following the third robbery, witnesses observed Woodley exit the bank and enter the rear passenger door of an awaiting motor vehicle. Law enforcement officers observed the vehicle and, after a brief chase, arrested Woodley. At the time of his arrest, Woodley was in possession of the cash stolen from Commerce Bank.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Evans made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.
Binghamton Woman Indicted for Stealing Social Security BenefitsRead the Press Release
BINGHAMTON, NEW YORK – Patricia L. Williams, age 61, of Binghamton, New York, was arraigned Friday on charges that she unlawfully received the Social Security benefits of her deceased husband, and also failed to disclose that income in order to receive Supplemental Security Income benefits.
The announcement was made by Acting United States Attorney Grant C. Jaquith and John F. Grasso, Special Agent In Charge of the Social Security Administration (SSA) Office of the Inspector General, New York Field Office.
The indictment alleges that from May 2005 through December 2013, Williams withdrew monthly Social Security benefit payments from the bank account of her deceased husband, who had died in 1990. The indictment also alleges that Williams failed to disclose her receipt of those benefit payments to SSA and unlawfully collected Supplemental Security Income benefits as a result. Supplemental Security Income would have been available to her only if she fell below a certain income threshold, and her unlawful receipt of her husband’s Social Security benefits put her over that threshold.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Williams faces up to 10 years in prison, 3 years of post-imprisonment supervised release and a $250,000 fine if convicted on all counts of the indictment. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
Williams was arraigned Friday in Binghamton before United States Magistrate Judge Andrew T. Baxter. She was released with conditions pending a trial scheduled before Senior United States District Judge Thomas J. McAvoy.
This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.
Berkeley County man sentenced for his role in heroin trafficking ringRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Hedgesville, West Virginia man was sentenced today to 115 months incarceration for heroin distribution, United States Attorney William J. Powell announced.
Wayne Kegley, age 44, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Heroin” in June 2017. Kegley admitted to his role in a heroin distribution operation in Berkeley County and Baltimore, Maryland in June 2016.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.Baldwinsville Man Charged with ObstructionRead the Press Release
SYRACUSE, NEW YORK – Elias J. Sawalha, age 63, of Baldwinsville, New York, was arraigned today on an obstruction charge for submitting false documents to the U.S. Department of Labor’s Wage and Hour Division.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Michael C. Mikulka, Special Agent in Charge of the New York Region of the United States Department of Labor, Office of Inspector General, Office of Investigations.
According to the indictment, Sawalha made and submitted forms, signed under penalty of perjury and submitted to the Department of Labor, stating that he had paid several employees of his gas station as ordered by the Department of Labor, when he knew he had not paid any of these employees the money they were owed.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The charge filed against Sawalha carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a maximum term of supervised release of 1 year. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Sawalha was arraigned today in Syracuse before United States Magistrate Judge David E. Peebles, and released pending a trial scheduled before United States District Judge David N. Hurd.
This case is being investigated by the United States Department of Labor, Office of Inspector General, Office of Investigations, and is being prosecuted by Assistant U.S. Attorney Sahar L. Amandolare.
Bakersfield Man Sentenced in Bank Fraud ConspiracyRead the Press Release
FRESNO, Calif. — Edgar Alexander Gomez, 42, of Bakersfield, was sentenced today by Chief U.S. District Judge Lawrence J. O'Neill to two years and one day in prison for conspiracy to commit bank fraud and aggravated identity theft, U.S. Attorney Phillip A. Talbert announced.
Gomez also was ordered to pay restitution for damage he caused to U.S. Postal Service facilities in connection with his criminal scheme. He pleaded guilty on May 31, 2016.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “Postal Inspectors worked closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those individuals responsible for thefts of mail and Identity theft crimes committed against the public.”
According to court documents, between July and September 2012, Gomez stole identity documents from the U.S. Mail, such as driver’s licenses, social security cards, and credit and debit cards. On several occasions, he attempted to open bank accounts at federally insured financial institutions using the identities of people whose mail he had stolen. In connection with one of these attempts to fraudulently open bank accounts, Gomez attempted to negotiate a check after forging the payee’s signature.
This case was the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorneys Christopher D. Baker and Megan Richards prosecuted the case.
Co-defendant Jennifer Barthel, 37, also of Bakersfield, previously was sentenced to time-served for her role in the conspiracy. Co-defendant Augustine Castro Salazar, 48, also of Bakersfield, previously pleaded guilty to theft of U.S. mail, admitting that he and Gomez on five occasions in August 2012 broke open and stole mail from mail boxes at several U.S. Postal Service facilities in Bakersfield. Salazar is awaiting sentencing.
12-Time Felon Pleads Guilty to Cocaine and Firearms CrimesRead the Press Release
NEWPORT NEWS, Va. – A man who has been convicted of a dozen prior felonies pleaded guilty today to cocaine and firearms offenses in Newport News.
According to court documents, Clarence L. Lyons, 44, of Newport News, distributed cocaine, cocaine base, and heroin during February 2017. As law enforcement investigated Lyons, they received information that he was usually in possession of a firearm when engaged in narcotics distribution. On Feb. 24, 2017, law enforcement conducted surveillance of Lyons’s hotel room in Newport News, and arrested Lyons as he came out of the hotel room. At the time of his arrest, he was carrying a loaded firearm, marijuana, cocaine, cocaine base, and heroin. Law enforcement searched his hotel room, where they located a syringe and a marijuana smoking device.
Lyons pleaded guilty to possession with intent to distribute cocaine, and carrying a firearm in furtherance of a drug trafficking crime. He faces a mandatory minimum of five years and a maximum of life for possession of a firearm in furtherance of a drug trafficking, consecutive to a maximum penalty of 20 years for possession with intent to distribute cocaine. Lyons is scheduled to be sentenced on Feb. 20, 2018. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, and Michael C. Grinstead, Acting Chief of Newport News Police, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the plea. Assistant U.S. Attorney Megan M. Cowles is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:17-cr-87.
Friday 3 November 2017
‘Serial Fraudster’ Sentenced to 61 Months in Prison for Latest Round of Scams Aimed at Internet and Shipping BusinessesRead the Press Release
A Seattle man sentenced for mail fraud and wire fraud in 2009, changed his name and committed a new round of frauds resulting today in a 61 month federal prison sentence, three years of supervised release and restitution in the amount of $349,164, announced U.S. Attorney Annette L. Hayes. EDWARD BUI, 48, aka Micah Buitron pleaded guilty in August 2017 to mail fraud, wire fraud, and aggravated identity theft. BUI defrauded shipping and internet payment companies of $349,164. U.S. District Judge Richard A. Jones noted at the sentencing hearing that he had previously sentenced BUI to two years in prison for his 2009 conviction. At today’s hearing Judge Jones said that Bui “shows complete disregard of the Court, the law and the criminal justice system . . . and callous disregard of damage to businesses and individuals. (He) essentially had the mantra ‘catch me if you can.’”
According to records filed in the case, less than a year after his release from federal custody, BUI began putting pieces of his most recent fraud together. He created a company, Operture, Inc., that was at the center of his mail and wire fraud schemes. BUI created multiple accounts with UPS and online payment processing companies using false names, email addresses, physical addresses and bank accounts. He mailed multiple packages using his UPS accounts to addresses in Nevada and then filed more than 260 claims alleging damage to the packages. He was able to defraud UPS of $31,200.
BUI defrauded online payment processing companies by posing as both the buyer and seller of goods and then claiming refunds. When the payment processor tried to get the ‘refunded’ money back from the supposed seller, the account had been drained leaving the payment processor with a loss. BUI engaged in what is essentially a check kiting scheme using online payment processers. With this scheme he defrauded Google Wallet, Stripe and buy.com of nearly $318,000.
BUI used the identity of a person he knew to conduct some of the fraud. For that conduct, he pled guilty to aggravated identity theft which carries a two year sentence that runs consecutive to any other sentence imposed for the other charges.
BUI used the proceeds of his scheme to invest in real estate in Las Vegas. Some of his investments took advantage of a loophole in Nevada law which allowed him to purchase properties for the outstanding homeowners association payments. In this way BUI was able to buy and flip properties as the real estate market recovered, and ultimately purchased a property worth more than $1 million. The property will be forfeited to the government and its sale will be used to pay off BUI’s victims from this fraud case as well as the fraud case from 2009.
In the 2009 case, BUI fraudulently used the credit card and personal information of more than 60 people and defrauded some 68 businesses. BUI used some 20 aliases to purchase everything from remodeling supplies to expensive home furnishings. BUI used some of the materials to remodel the four properties he owned. Some of the items he resold through his businesses or on other web sites. In all, the fraud or attempted fraud totaled $350,000. BUI also double and triple billed some of his customers for items they purchased from his web site, filed false damage claims with shippers and false claims with his own credit card company.
The case was investigated by the U.S. Secret Service and the Seattle Police Department.
The case was prosecuted by Assistant United States Attorney Matthew Diggs.
Worcester Man Sentenced for Drug Trafficking ConspiracyRead the Press Release
BOSTON – A Worcester man was sentenced today in federal court in Worcester for his role in a heroin and cocaine trafficking conspiracy that operated throughout Worcester County.
Osvaldo Vasquez, 49, was sentenced by U.S. District Court Judge Timothy S. Hillman to 125 months in prison and four years of supervised release. In May 2017, Vasquez pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine and 100 grams or more of heroin; one count of distribution and possession with the intent to distribute heroin; one count of distribution and possession with the intent to distribute 100 grams or more of heroin; one count of possession with the intent to distribute 500 grams or more of cocaine and 100 grams or more of heroin; and one count of possession of a firearm in furtherance of a narcotics trafficking offense. Vasquez is the final of five co-defendants to be sentenced in connection with the conspiracy.
In the late summer of 2014, federal agents began investigating narcotics trafficking activities by Osvaldo Vasquez and his associates, Jose Federico Vasquez, Felix Melendez, Elvis Genao and Hugo Santana-Dones. Between November 2014 and July 2015, with the help of a cooperating witness, agents made numerous recorded purchases of heroin - sometimes laced with fentanyl - from members of the conspiracy, seizing over 400 grams of heroin as a result.
During a court-authorized wiretap, Vasquez and his co-defendants were heard discussing the purchase and sale of multiple kilograms of narcotics and demonstrated an awareness of the potential deadly consequences of the narcotics they were distributing. On May 7, 2016, Osvaldo Vasquez, Melendez, and Federico Vasquez were intercepted discussing how the high number of heroin overdose deaths occurring at the time were cutting into their sales.
A search of Osvaldo Vasquez’s home in Worcester resulted in 679 grams of heroin, 723 grams of cocaine and a Taurus PT .380 semi-automatic handgun being recovered. The telephone that was the subject of the wiretap, cutting agents, and over $7,000 in cash were also recovered in the home. At the residence of Santana-Dones in Leominster, 224 grams of heroin, 110 grams of cocaine, and 8.9 grams of cocaine base (crack cocaine), along with cutting agents, a hydraulic kilogram press, over $1,300 in cash and two phones that had been intercepted on the wiretap were recovered. At the residence of Melendez, who was on parole for state firearm and narcotics charges at the time, 3.1 grams of cocaine, a digital scale, over $1,000 in cash and a phone that had been intercepted on the wiretap were recovered. At the residence of Jose Federico Vasquez in Providence, agents recovered 3.4 grams of cocaine.
Santana-Dones, Melendez, Federico Vasquez, and Genao each pleaded guilty to their roles in the conspiracy and were sentenced to 80 months in prison, 70 months in prison, five years in prison, and 37 months in prison, respectively.
Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Worcester Police Chief Steven M. Sargent; Fitchburg Police Chief Ernest F. Martineau; and Leominster Interim Police Chief Michael Goldman, made the announcement today. Assistant U.S. Attorney Mark J. Grady of Weinreb’s Worcester Branch Office prosecuted the cases.
Woman Sentenced for $6 Million “Mystery Shopper” Fraud SchemeRead the Press Release
NEWPORT NEWS, Va. – A Houston, Texas, woman was sentenced today to nearly 15 years in prison for her role in a $6 million fraud scheme involving “Mystery Shoppers.”
Timeiki Hedspeth, 39, was found guilty of nine charges by a federal jury on June 30, 2017. According to court documents, in 2012 federal law enforcement began an investigation into an extensive scheme that operated nationally and internationally, stemming from Nigeria. The investigation determined that participants in the scheme, including Hedspeth, recruited individuals throughout the United States via email to serve as “Mystery Shoppers,” in which the individuals would receive financial instruments, such as a cashier’s check or Postal money order, to evaluate the services of certain money transmission services, including Western Union and Money Gram. Once a recruited individual, or “Mystery Shopper,” responded to the email solicitation with interest, the conspirators would obtain personal identification information from the Mystery Shopper, which was then placed on the counterfeit cashier’s check or Postal money order. The conspirators would then mail the Mystery Shoppers a counterfeit cashier’s check or Postal money order for the Mystery Shopper to negotiate at their own bank, keeping a portion of the payment for their services. The Mystery Shopper would then wire the majority of the funds to conspirators or other recruited individuals who retrieved the transmitted funds and engaged in further distribution of the fraudulent proceeds. From 2010 - 2016, Hedspeth had millions of dollars worth of counterfeit checks and money orders emailed or shipped to her for distribution to Mystery Shoppers, and retrieved and forwarded hundreds of thousands of dollars in proceeds from money transmission services.
Hedspeth was sentenced today to 175 months in prison. Several co-conspirators have also been sentenced, including: Toheeb Odoffin (90 months), Zoelithia Williams (100 months), Hafeez Odoffin (110 months), Habeeb Odoffin (120 months), and Christie Easter (130 months).
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, Robert B. Wemyss, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, and George Purefoy, Resident Agent in Charge of the Norfolk Resident Office, U.S. Secret Service, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorney Brian J. Samuels prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:16-cr-49.
Woman Sentenced for $246,000 Government Benefits FraudRead the Press Release
RICHMOND, Va. – A Fredericksburg woman was sentenced today to two years in prison for a $246,000 healthcare fraud.
According to court documents, Raven M. Zaal, 39, is the mother of a Medicaid eligible disabled child who was entitled to receive home health care services from attendants. From October 2011 through October 2014, Zaal and the attendants submitted timesheets to Medicaid for 11 home health attendants, claiming that the aides provided 15,645 hours of services and resulting in at least $217,519 in Medicaid payments for the care of the child. However, the attendants did not provide care to Zaal’s daughter. In actuality, the attendants worked as childcare providers for other children in Zaal’s daycare center, Raven’s Childcare Connections, while being paid with Medicaid money intended for the benefit of Zaal’s child.
Zaal also applied for and received Supplemental Security Income (SSI) on behalf of her disabled child. SSI is a needs based program that requires disclosure of all assets and income. In 2011 and 2012, Zaal failed to accurately report her income, her marriage, or her joint bank account with her husband to the Social Security Administration, resulting in her receiving $14,655 in SSI benefits to which she was not entitled.
Zaal also applied for and received money from the Supplemental Nutrition Assistance Program (SNAP), commonly known as food stamps. SNAP benefits are administered by the Virginia Department of Social Services but the money provided is from federal funds. SNAP is also a needs based program that requires recipients to fill out forms listing all assets, monetary income and household members. From 2011 through 2015, Zaal failed to report her income from Raven’s Childcare Connections and other sources and failed to report her marriage or the joint bank account with her husband. Based on this fraud, Zaal received $14,784 in SNAP benefits to which she was not entitled.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Mark R. Herring, Virginia Attorney General, made the announcement after sentencing by U.S. District Judge John A. Gibney, Jr. Assistant U.S. Attorney David T. Maguire and Special Assistant U.S. Attorney David W. Tooker prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:16-cr-157.
Wilkes-Barre Man Sentenced to Seven Years’ Imprisonment on Firearms ChargesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Shakur Brownstein, age 20, of Wilkes-Barre, Pennsylvania, was sentenced by U.S. District Court Judge James M. Munley to a term of 84 months’ imprisonment for brandishing firearms in relation to a drug trafficking crime.
According to United States Attorney Bruce D. Brandler, on June 27, 2017, Brownstein brandished a Smith & Wesson revolver and a stolen Smithfield semi-automatic handgun during an argument at his apartment in Wilkes-Barre, and while in possession of 1,234 baggies of heroin meant for distribution. Police heard Brownstein state that “I will shoot you,” and upon entering the apartment saw Brownstein with a firearm in each hand pointing the guns at a juvenile male who was attempting to leave the apartment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Wilkes-Barre Police. Assistant U.S. Attorney Todd K. Hinkley is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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West Springfield Man Pleads Guilty to 19 Counts of Child ExploitationRead the Press Release
BOSTON – A West Springfield man pleaded guilty today in federal court in Springfield to various charges of sexual exploitation of children, including producing child pornography by video recording and photographing himself sexually abusing a five-year-old girl.
Justin Germaine, 27, pleaded guilty to five counts of sexual exploitation of a child, eight counts of distribution of child pornography, five counts of receipt of child pornography, and one count of possession of child pornography.
U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Feb. 8, 2018. If the plea agreement reached by the parties is accepted by the Court, Germaine will be sentenced to 30 years in prison and 20 years of supervised release. Germaine has been in custody since he was arrested in July 2016.
On various occasions between November 2015 and June 2016, Germaine took sexually explicit photos of a five-year-old girl and documented himself sexually abusing the child. Between March 2016 and July 2016, Germaine traded the photo files he created over the internet in exchange for other images and videos of child pornography. Germaine also exchanged emails with an individual in New Hampshire, in which the two discussed having sex with children and trading child pornography. Attached to these emails were pictures of children, many between the ages of three and six-years-old, being sexually abused and exploited by men.
The charge of sexual exploitation of children provides for a sentence of no greater than 30 years in prison, a lifetime of supervised release and a fine of $250,000. The charges of receipt and distribution of child pornography each provide for a sentence of no greater than 20 years in prison, a lifetime of supervised release and a fine of $250,000. The charge of possession of child pornography provides for a sentence of no greater than 10 years in prison, a lifetime of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and West Springfield Police Chief Ronald Campurciani made the announcement today. Assistant U.S. Attorney Alex J. Grant of Weinreb’s Springfield Branch Office is prosecuting the case.
This case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
West Palm Beach Man Sentenced for Conspiring with his brother, a United States Postal Service Letter Carrier, to Commit Access Device Fraud and Aggravated Identity TheftRead the Press Release
A West Palm Beach man was sentenced to 54 months in prison for conspiring with his brother, a United States Postal Service letter carrier, to commit access device fraud and aggravated identity theft.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Rafiq Ahmad, Special Agent in Charge, United States Department of Labor, Office of Inspector General (DOL-OIG), Chris Cave, Special Agent in Charge, U.S. Postal Service, Office of Inspector General (USPS-OIG), Antonio J. Gomez, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, and Cissy Proctor, Executive Director, Florida Department of Economic Opportunity (DEO), made the announcement.
Mikel Clotaire, of West Palm Beach, was convicted in July 2017, following a three-day federal jury trial in West Palm Beach, Florida of conspiring to commit access device fraud, access device fraud, and five counts of aggravated identity theft. Clotaire was sentenced before U.S. District Judge Donald M. Middlebrooks to 54 months in prison, followed by three years of supervised release, and restitution in the amount of $114,743.00 payable to DEO.
According to the court record, including evidence introduced at trial, Clotaire engaged in a scheme to obtain fraudulent re-employment benefits from DEO. Clotaire’s brother was working at the time as a letter carrier for the U.S. Postal Service in Palm Beach Gardens, Florida. At least eight fraudulent unemployment applications, using stolen identities, were then submitted to DEO and resulted in the issuance of Florida Visa debit cards. The debit cards were mailed through interstate commerce to the residential addresses on the postal route. The cards were ultimately transferred to Clotaire and at least two other co-conspirators and used to make withdrawals from ATMs. As a result of the fraudulent scheme, the State of Florida sustained approximately $114,743.00 in financial losses.
Mr. Greenberg commended the investigative efforts of the DOL-OIG, USPS-OIG, USPIS and DEO. This case is being prosecuted by Assistant U.S. Attorney Adam McMichael.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Waynesville N.C. Man Sentenced to More Than Nine Years on Child Pornography ChargesRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Martin Reidinger sentenced yesterday a Waynesville, N.C. man to 114 months in prison on child pornography charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Travis Lindsey Mehaffey, 39, was also ordered to serve a lifetime of supervised release and to register as a sex offender after he is released from prison.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division; Sheriff Greg Christopher of the Haywood County Sheriff’s Office; and Chief Bill Hollingsed of the Waynesville Police Department join U.S. Attorney Rose in making today’s announcement.
According to court documents and information introduced at the sentencing hearing, on January 6, 2017, a Walmart shopper in Waynesville found an SD card near a checkout lane. The shopper turned the SD card over to law enforcement, after finding that it contained images and videos of children engaging in sexually explicit conduct. Law enforcement determined that the SD card belonged to Mehaffey. According to court records, forensic analyses of the SD card and other devices that belonged to Mehaffey revealed that the defendant possessed more than 114 videos and 754 images of child pornography, some of which depicted prepubescent minors engaging in sadistic and masochistic or other lewd and lascivious conduct.
Mehaffey pleaded guilty on June 14, 2017, to one count of receipt of child pornography and was released on bond pending sentencing. On September 27, 2017, Mehaffey was arrested for violating the condition of his release that prohibits him from using, purchasing, possessing or otherwise obtaining any computer or electronic device capable of accessing the Internet. According to court records, during a search of Mehaffey’s residence, a United States Probation officer found an unreported cellphone hidden under the defendant’s mattress. Court records indicate that Mehaffey admitted to using the cellphone to view child pornography on the Internet.
Mehaffey is currently in custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
U.S. Attorney Rose thanked the FBI, the Haywood County Sheriff’s Office and the Waynesville Police Department for their investigation of this case.
Special Assistant United States Attorney (SAUSA) Christopher Hess prosecuted the case. Mr. Hess is a state prosecutor with the office of the 30th Prosecutorial District assigned as SAUSA to the U.S. Attorney’s Office in Asheville. Mr. Hess is duly sworn in both state and federal courts, and prosecutes in federal court cases that impact the counties within the 30th Prosecutorial District.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children. By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Waldorf Man Indicted for Production of Child PornographyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – A federal grand jury returned a ten-count indictment on October 30, 2017, charging the Carlos DeAngelo Bell, 30, of Waldorf, Maryland with Sexual Exploitation of Minors for the Purpose of Producing Child Pornography.
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Charles County State’s Attorney Anthony B. Covington, Sr.; Sheriff Troy D. Berry of the Charles County Sheriff’s Office; Colonel William M. Pallozzi, Superintendent of the Maryland State Police; and Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Baltimore.
According to the indictment, from the period of January 1, 2014 to December 22, 2016, Bell did knowingly employ, use, persuade, entice, and coerce a minor to engage in any sexually explicit conduct for the purpose of producing a visual depiction of such conduct, and the visual depiction was produced using materials that had been mailed, shipped, and transported in and affecting interstate and foreign commerce by any means, including by computer. Bell is charged with committing this offense against ten minors.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings. An initial appearance and arraignment are scheduled in United States District Court for November 7, 2017 at 2:15 p.m.
Acting United States Attorney Stephen M. Schenning thanked the Charles County State’s Attorney’s Office, the Charles County Sheriff’s Office, the Maryland State Police, and HSI. Mr. Schenning also commended Assistant United States Attorneys Timothy F. Hagan and Joseph R. Baldwin of the United States Attorney’s Office for the District of Maryland, who are prosecuting this case.
Vero Beach Orthopedic Surgeon Charged in Drug Conspiracy Resulting in DeathRead the Press Release
An orthopedic surgeon practicing in Vero Beach, Florida, was charged with conspiracy to possess with intent to distribute a controlled substance which resulted in death, aiding and abetting the distribution of a controlled substance which resulted in death, and attempted possession with intent to distribute a controlled substance.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, Peter J. Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, Mark Selby, Special Agent in Charge, U.S. Immigration and Custom Enforcement’s Homeland Security Investigations (ICE-HSI), Justin D. Green, Special Agent in Charge, U.S. Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), Dave Aronberg, State Attorney, Palm Beach County State Attorney’s Office, Bruce Colton, State Attorney for the 19th Judicial Circuit, Ric Bradshaw, Sheriff, Palm Beach County Sheriff’s Office (PBSO), Deryl Loar, Sheriff, Indian River County Sheriff’s Office, and Renee Purden, Chief, Orlando Melbourne Airport Police Department, made the announcement.
On October 31, 2017, Johnny Clyde Benjamin, Jr., M.D., an orthopedic surgeon practicing in Vero Beach, Florida, was indicted by a federal grand jury sitting in West Palm Beach, Florida, on federal felony charges of conspiracy to possess with intent to distribute a controlled substance (resulting in death), in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 846; aiding and abetting the distribution of a controlled substance which resulted in death, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and Title 18, United States Code, Section 2; and, attempted possession with intent to distribute a controlled substance, in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 846.
These charges were brought as a result of an opioid and furanylfentanyl (FUF) investigation that began in September 2016, in connection with the overdose death of a young woman who resided in Wellington, Florida. The PBSO PBNTF suspected the overdose death of decedent as having resulted from counterfeit oxycodone pills which were found in decedent’s possession following her overdose. Forensic analysis of those pills determined they had been illicitly manufactured as copies of oxycodone pills -- using FUF, an extremely powerful synthetic opioid many times more powerful than street level heroin or oxycodone – as the active ingredient.
Toxicology analysis conducted by the Office of the District Medical Examiner of Palm Beach County attributed the cause of decedent’s death to the fentanyl analog FUF in its autopsy report. Ultimately, an extensive investigation led to Dr. Benjamin as the source of the FUF pills responsible for decedent’s death. Investigators also uncovered a distribution network implicating Dr. Benjamin in the manufacture and distribution of counterfeit oxycodone pills outside the South Florida area.
If convicted, Dr. Benjamin faces a mandatory minimum of 20 years’ imprisonment to a maximum life term of imprisonment for conspiracy to possess with intent to distribute a controlled substance (resulting in death) and distribution of a controlled substance (resulting in death); and, a maximum of 20 years’ imprisonment for attempted possession with intent to distribute controlled substances.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
Mr. Greenberg commended the investigative efforts of DEA, ATF, ICE-HSI, FDA-OCI, PBSO, Indian River County Sheriff’s Office, and Orlando Melbourne Airport Police Department. Mr. Greenberg also thanked the Palm Beach County State Attorney’s Office and State Attorney’s Office for the 19th Judicial Circuit for their assistance. This case is being prosecuted by Assistant U.S. Attorney John McMillian.
An indictment merely contains allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Two Real Estate Brokers Plead Guilty to Defrauding Banks in $3.5 Million ‘Shotgun’ Loan SchemeRead the Press Release
NEWARK, N.J. – Two New York men today admitted their roles in a $3.5 million scheme to use false information and simultaneous loan applications at multiple banks to fraudulently obtain home equity lines of credit, a practice known as “shotgunning,” Acting U.S. Attorney William E. Fitzpatrick announced.
Simon Curanaj, 62, of Yonkers, New York, and Michael Arroyo, 59, of Bronx, New York, each pleaded guilty before U.S. District Judge John Michael Vazquez in Newark federal court to separate informations charging them with conspiracy to commit bank fraud.
According to documents filed in the case and statements made in court:
From 2012 through January 2014, Curanaj, Arroyo, and others conspired to fraudulently obtain multiple home equity lines of credit (HELOCs) from banks on residential properties in New Jersey and New York, including a residential property on Havermeyer Avenue in the Bronx. In 2013, Curanaj, Arroyo, and others transferred ownership of the property to an individual living at the property and his family friend.
Curanaj, Arroyo, and others then applied, in the family friend’s name, for two HELOCs from two banks using the Havermeyer Avenue property as collateral. They hid from the lenders the fact that the property was either already subject to senior liens that had not yet been recorded, or that the same property was offered as collateral for a line of credit from another lender. The applications also falsely inflated the family friend’s income without his knowledge. In addition, the equity in the property was far less than the amount of the HELOC loans Curanaj, Arroyo, and others applied for.
The victim banks eventually issued loans to the family friend in excess of $500,000. After the victim banks deposited money into the family friend’s bank accounts, portions of the funds were disbursed to Curanaj, Arroyo, and others. Eventually, the family friend defaulted on the two HELOC loans.
The overall scheme resulted in $3.5 million in losses to the victim banks.
The conspiracy to commit bank fraud count carries a maximum potential penalty of 30 years in prison and a $1 million fine, or twice the gross gain or loss from the offense. Sentencing for Curanaj and Arroyo is scheduled for Feb. 27, 2018.
Acting U.S. Attorney Fitzpatrick credited special agents of the Federal Housing Finance Agency (FHFA) – Office of Inspector General, under the direction of Special Agent in Charge Steven Perez in Newark, and special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the U.S. Attorney’s Office Criminal Division in Newark and Special Assistant U.S. Attorney Kevin DiGregory of the FHFA, Office of the Inspector General.Defense counsel:
Curanaj: Anthony Iacullo Esq.
Arroyo: Telesforo Del Valle Esq.Two Oklahoma City Metro Men Plead Guilty to Interstate-Theft CrimesRead the Press Release
Oklahoma City, Oklahoma – DENNIS LEE, 44, of Nichols Hills, pled guilty today to possession of stolen property that crossed a state boundary and to being a felon in possession of a firearm, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma. U.S. Attorney Yancey also announced that KENNETH DALE SMITH, 53, of Oklahoma City, has pled guilty to misprision of a felony in connection with interstate theft.
According to Count 1 of a five-count indictment filed on June 20, 2017, Lee and Smith were members of a conspiracy that stole motor vehicles and other items from Texas, Kansas, Missouri, and Nebraska. Conspirators transported the stolen property to the Oklahoma City area, where they "fenced" it for profit. The indictment alleges that some of the property was stored at Richardson Homes, LLC, on South Portland Avenue in Oklahoma City. Counts 2 through 4 charge Lee with possession of particular stolen vehicles during the summer of 2016. Smith is also charged in Count 4 with possessing a stolen vehicle. According to the indictment, the stolen property was worth a total of approximately $325,000.
Lee is charged in Count 5 with being a felon in possession of a firearm. It also alleges that Lee had been convicted of a crime punishable by one year or more in prison, which made it a federal felony for him to possess a firearm.
Today Lee pled guilty to one of the possession-of-stolen-property counts and to the firearms count. At sentencing, he could receive on each count up to 10 years in prison, 3 years of supervised release, and a $250,000 fine. He will forfeit 16 firearms that were in his possession on November 10, 2016, in McClain County. The remaining charges against Lee will be dismissed at sentencing.
Smith pled guilty today to misprision of a felony, charged in a separate filing on November 2, 2017. He admitted in court that in June 2016, he concealed the offense of possessing stolen property that had crossed a state boundary when he instructed someone by text message not to disclose the circumstances under which he had acquired stolen property. This offense carries a maximum punishment of 3 years in prison and a fine of up to $250,000. The United States has agreed to dismiss other charges against Smith at sentencing. Both defendants will be sentenced in approximately 90 days.
Four others have already pled guilty in this investigation. On March 8, 2017, Amanda Czermak pled guilty to the interstate-theft conspiracy. On August 21, 2017, Auston Slater pled guilty to the same conspiracy, and Dakota Epperly and Dakotah Henderson pled guilty to possessing stolen property that had crossed a state boundary. All four of these defendants are awaiting sentencing.
This case is the result of an investigation by the FBI Major Theft Task Force, the Oklahoma Department of Agriculture, Food & Forestry Investigative Service ("ODAFF"), and the Oklahoma City Police Department. The Major Theft Task Force consists of the FBI, ODAFF, the Oklahoma State Bureau of Investigation, and the Garvin County Sheriff’s Office. Assistant U.S. Attorneys Edward J. Kumiega, Mark R. Stoneman, and Ashley L. Altshuler are prosecuting the case. Reference is made to court records for further information.
Two Men Plead Guilty to Conspiracy to Possess with Intent to Distribute MarijuanaRead the Press Release
St. Thomas, USVI- Calvin Benjamin, 50, of St. Thomas and Stephen Bernier, 53 of St. Croix have pleaded guilty in federal court to one count of conspiracy to possess with the intent to distribute marijuana, Acting United States Attorney Joycelyn Hewlett announced.
According to the plea agreement filed with the court, Benjamin and Bernier admitted that from January 10, 2016 to March 8, 2017, they conspired with others to possess and distribute approximately 140 kilograms of marijuana through the United States Postal Service
Benjamin and Bernier each face a maximum sentence of five years in prison, a three-year term of supervised release, and a $250,000 fine. Sentencing is set for March 1, 2018 for Benjamin and March 8, 2018 for Bernier.
The case was investigated by the United States Postal Inspection Service and Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
Two DMV Employees Plead Guilty to Conspiring to Commit Bribery and Identity Fraud as Part of Ongoing Investigation of Commercial Licenses Issued to Unqualified DriversRead the Press Release
SACRAMENTO, Calif. — Kari Scattaglia, 39, of Newhall, and Lisa Terraciano, 51, of North Hollywood, pleaded guilty today to their roles in a conspiracy to sell Class A commercial driver’s licenses without the buyer having to take or pass the required tests, U.S. Attorney Phillip A. Talbert announced.
On October 18, 2017, Scattaglia and Terraciano were charged with conspiracy to commit bribery, identity fraud, and unauthorized access of a computer.
“The United States Attorney’s Office, together with its partners at the California Department of Motor Vehicles, the FBI, and ICE’s Homeland Security Investigations, is committed to investigating and prosecuting crimes such as these that violate the public trust and pose a risk to public safety,” stated U.S. Attorney Talbert.
“Homeland Security Investigations will continue to work with our partners to prevent document and benefit fraud schemes, especially when these schemes threaten the welfare of innocent people. The safety of the citizens of California is our paramount concern,” said Ryan L. Spradlin, Special Agent in Charge of U.S. Immigration Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), San Francisco.
According to court documents, since April 2007, Scattaglia worked as a manager, assistant manager, and a Licensing-Registration Examiner (LRE) at the Arleta DMV and the Granada Hills Driver License Processing Center. Terraciano worked for the DMV since June 2005 and was a Motor Vehicle Representative (MVR) in the Winnetka DMV office from 2014 through 2017. Among other things, Scattaglia and Terraciano were responsible for processing applications for California commercial driver’s licenses (CDLs). A CDL is required to operate tractor-trailer trucks on California and interstate highways, including, in some cases, transporting hazardous materials.
In exchange for the payment of money, Scattaglia and Terraciano each accessed the DMV’s database in Sacramento to alter the records of applicants to fraudulently show that the applicants had passed the required written tests when, in truth, the applicants had not passed the tests or, at times, even taken the written tests. In so doing, this caused the DMV to issue permits to those drivers as well as issue completed CDLs upon the applicants’ passing the behind-the-wheel driving tests. In addition, Scattaglia also accessed the DMV database to fraudulently alter applicants’ records to show that the applicants had passed the driving tests despite the applicants not having taken or passed those tests.
Based upon evidence obtained through the investigation, it was determined that Terraciano caused no less than 148 fraudulent CDLs, including permits, to be issued and that Scattaglia caused no less than 68 fraudulent CDLs, including permits, to be issued.
This case is the product of an investigation by the California Department of Motor Vehicles, Office of Internal Affairs, the Federal Bureau of Investigation, and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorneys Todd A. Pickles and Rosanne L. Rust are prosecuting the case.
This case is related to the charges in United States v. Klem, 2:15-cr-139 GEB, United States v. Singh, 2:15-cr-146 GEB, and United States v. Kimura, et al., 2:15-cr-161 GEB. Defendants Emma Klem and Kulwinder Dosangh Singh have pleaded guilty and await sentencing. Defendant Andrew Kimura pleaded guilty and was sentenced to three years and 10 months in prison. The remaining defendants in 2:15-cr-161 GEB are set for trial in April 2018; the charges against them are only allegations, and they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Scattaglia and Terraciano face a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Three Rockford Residents Arrested on Federal Heroin Conspiracy Charges and A Fourth Resident Arrested on A Federal Gun Charge; Authorities Announce Seizures of A Kilogram of Heroin and More Than A Quarter Million DollarsRead the Press Release
ROCKFORD — Three Rockford residents were arrested yesterday by federal and local law enforcement officers on charges of conspiracy to distribute heroin.
Arrested on charges of conspiracy to distribute heroin were TYSHON T. WATSON, 22; TERVARIE T. LOTTIE, 29; and JOHNIA WILSON, 39, all of Rockford. Law enforcement yesterday also executed court-authorized search warrants at multiple locations in Rockford. During the searches, authorities recovered more than a kilogram of heroin, more than $250,000 in cash, six cars, and four handguns.
Indictments returned this week in federal court in Rockford charged Watson, Lottie and Wilson with conspiracy to distribute heroin from May 2017 through October 2017. Watson and Lottie were also charged with four individual counts of distributing heroin. The charges also accuse Lottie of conspiring to distribute heroin during a separate three-month period from February 2017 through April 2017.
A fourth defendant, JASMINE N. BRADLEY, 26, of Rockford, was also indicted on three counts of distributing heroin. Bradley is currently being held in the Winnebago County jail on unrelated state charges.
In a separate but related case, DANIEL DAVENPORT, 38, of Rockford, was charged by a federal criminal complaint and arrested yesterday on the charge of being a felon in possession of a firearm. In separate cases, WILLIAM EVANS, 67, of Rockford, was charged in state court with firearm and drug charges, and LATRESE LOTTIE, 44, was charged in state court for possession and manufacture/delivery of cocaine.
The charges were announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; John P. Selleck, Acting Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives; Dan O’Shea, Rockford Police Chief; Gary Caruana, Winnebago County Sheriff; and Joseph Bruscato, Winnebago County State’s Attorney. The federal investigation was conducted by the FBI-led Rockford Area Violent Gang Task Force, which includes the above agencies as well as the Loves Park and Freeport Police Departments. The government is represented by Assistant U.S. Attorney Talia Bucci.
“The charges announced today are the result of extraordinary cooperation between federal, state and local authorities, who worked together to dismantle a significant heroin distribution conspiracy,” said Acting U.S. Attorney Levin. “We are grateful for the tremendous effort and support from our law enforcement partners as we work to stop the flow of illegal narcotics into Rockford and Winnebago County.”
"These arrests are just another example of law enforcement partners working together, pooling their resources, to further protect the citizens of Rockford from criminals who make their neighborhoods unsafe," said FBI Assistant Special Agent in Charge Jay Greenberg. "Federal and local law enforcement will continue their efforts to rid the Rockford area of crime and that is what the public should expect; law enforcement on every level targeting those who break the law."
Winnebago County States Attorney Bruscato stated, “Collaboration, enhanced by technology and intelligence driven models are resulting in unprecedented enforcement and arrests. It’s just the beginning of what this community can expect to see and should send a message to other criminals that threaten our community.”
The public is reminded that a complaint or an indictment contains only charges and is not evidence of guilt. Each defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Each count of conspiracy to distribute heroin and of distributing heroin carries a maximum sentence of 20 years in prison, and illegally possessing a firearm as a convicted felon carries a maximum sentence of 10 years in prison. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
Defendants Watson, Lottie, Wilson, and Davenport appeared before U.S. Magistrate Judge Iain D. Johnston in federal court in Rockford on Nov. 2, 2017. Each defendant pled not guilty and remains in custody pending detention hearings scheduled for Monday and Tuesday of next week. Bradley is scheduled for arraignment on Tuesday, Nov. 7, 2017, at 11:00 a.m. in federal court before U.S. Magistrate Judge Johnston.
Lottie Watson Wilson Indictment.pdf Lottie Bradley Indictment.pdfThree Real Estate Investors Indicted for Bid Rigging in Florida Online Foreclosure AuctionsRead the Press Release
A federal grand jury in West Palm Beach returned an indictment yesterday against three high-volume Florida real estate investors for conspiring to rig bids submitted through the online property foreclosure auction process, the Department of Justice announced.
The indictment, filed in the U.S. District Court for the Southern District of Florida, charges Avi Stern, Christopher Graeve, and Stuart Hankin with conspiring to rig bids during online auctions in Palm Beach County, Florida in order to obtain foreclosed properties at suppressed prices. The indictment alleges that the conduct took place from at least January 2012 until June 2015.
These are the first indictments related to bid rigging in foreclosure auctions filed in Florida by the Justice Department’s Antitrust Division. The Antitrust Division previously has prosecuted similar bid rigging conduct in Alabama, California, Georgia and North Carolina, resulting in more than 100 guilty pleas and convictions in those states.
“These charges demonstrate that the Antitrust Division will uncover and prosecute collusion by real estate investors, regardless of whether their conduct is carried out in person, or in texts, online chats or through other electronic means,” said Assistant Attorney General Makan Delrahim of the Department of Justice’s Antitrust Division. “The Division will continue to work closely with our law enforcement colleagues to prosecute those responsible for taking money that would otherwise have gone to mortgage holders, Palm Beach County, and in some cases, to the owners of foreclosed homes.”
“Real estate investors who think they can swindle the system to line their pockets with ill-gotten gains beware,” said Assistant Special Agent in Charge Paul Keenan of the FBI Miami’s Field Office. “The FBI and our law enforcement partners will vigorously investigate such schemes.”
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
These charges have been filed as a result of the ongoing investigation being conducted by the Antitrust Division’s Washington Criminal I Section and the FBI’s Miami Division – West Palm Beach Resident Agency. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Washington Criminal I Section of the Antitrust Division at 202-307-6694 or www.justice.gov/atr/contact/newcase.html.
Tennessee-Based Life Care Center of Hickory Woods to Pay $12,000 to Resolve Americans with Disabilities Act ComplaintRead the Press Release
The Antioch, Tennessee-based company that owns and does business as Life Care Center of Hickory Woods agreed to pay $12,000 and to adopt a written service animal policy to resolve an Americans with Disabilities Act complaint, announced Don Cochran, U.S. Attorney for the Middle District of Tennessee. Cleveland, Tennessee-based Life Care Centers of America, Inc. also agreed to adopt a service animal policy at all of the facilities that it owns or operates nationwide, said Cochran.
Life Care Center of Hickory Woods in Antioch provides inpatient and outpatient rehabilitation with 24-hour skilled nursing care. Its parent company, Life Care Centers of America, operates or manages more than 200 skilled nursing and rehabilitation centers in 28 states, including over 35 centers in Tennessee.
This settlement arose from a complaint filed by an individual from Smyrna, Tennessee with the Department of Justice about Life Care Center of Hickory Woods. She alleged that the facility had denied equal access to its physical therapy services for people with disabilities who use service animals. She further alleged that Life Care Center of Hickory Woods failed to modify its policies to permit individuals with disabilities to receive physical therapy while accompanied by a service animal.
According to the complainant, she uses a service dog for assistance in the event of a seizure. While undergoing a ten-week course of physical therapy at Life Care Center of Hickory Woods from November 2014 through March 2015, she alleged that several employees confronted her about her service dog, insisted that she provide its vaccination records and discouraged her from bringing her dog to subsequent appointments. As a result of this treatment, the complainant alleged that she felt compelled to stop bringing her service dog to many of her physical therapy appointments.
Life Care Centers of America has agreed to distribute to, and maintain a new written service animal policy at all of the 200 plus long-term care facilities that it operates in the United States. Under this new policy, Life Care agrees to make reasonable modifications in its policies to permit the use of service animals by persons with disabilities and to welcome service animals into Life Care facilities.
Life Care Center of Hickory Woods also adopted a new written service animal policy, in which it agreed to make reasonable modifications in its policies to permit the use of service animals. Life Care Center of Hickory Woods further agreed to train its employees on the new service animal policy and about their obligations under the Americans with Disabilities Act. The Hickory Woods facility will also post a sign at its facility indicating, “Service Animals Welcome.” Of the $12,000 that Life Care Center of Hickory Woods will pay to resolve this complaint, $7,000 will be paid to the complainant and $5,000 will be paid to the United States as a civil penalty.
Assistant United States Attorney Ellen Bowden McIntyre handled the matter on behalf of the United States.