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21 December 2017
East Bay Man Charged with United States Postal Service Mail BombingRead the Press Release
SAN FRANCISCO – A complaint has been filed in federal court charging Ross Gordon Laverty with mailing an explosive device with the intent to injure or kill, announced United States Attorney Brian J. Stretch, U.S. Postal Inspection Service Inspector in Charge Rafael Nuñez, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jill Snyder, and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett.
According to the complaint unsealed this morning, Laverty, 56, of Oakland, mailed at least one explosive device. The charge is based upon a bombing incident that occurred in October of this year.
The complaint alleges that on October 11, 2017, a package containing an improvised explosive device was delivered to an address in East Palo Alto, Calif. The addressee became suspicious of the package and initially decided not to open it. Nevertheless, on October 19, the victim carried the package outside of his home and opened it in his back yard, causing it to detonate and injure the victim.
The criminal complaint charges Laverty with one count of mailing an explosive devise with the intent to injure or kill, in violation of 18 U.S.C. § 1716(j)(2). Laverty made his initial appearance and was arraigned on the charge this morning in San Francisco before U.S. Magistrate Judge Joseph C. Spero. Magistrate Judge Spero scheduled a detention hearing for December 28, 2017.
A complaint merely alleges that a crime has been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted of the charge, Laverty faces a maximum sentence of 20 years’ imprisonment and a maximum fine of $250,000. A term of supervised release and restitution may be ordered upon conviction. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The prosecution is the result of an investigation by the U.S. Postal Inspection Service with assistance from the ATF and the FBI.
Dominion Diagnostics pays $815,000 to the United States and State of Vermont to resolve allegations of False Claims Act violationsRead the Press Release
The United States Attorney’s Office for the District of Vermont announced today that Dominion Diagnostics, Inc. has paid $815,000 in total to the United States and the State of Vermont to resolve civil claims that Dominion Diagnostics violated the federal False Claims Act, 31 U.S.C. § 3729, and the Vermont False Claims Act, 32 V.S.A. § 630, by knowingly presenting, or causing to be presented, false claims for payment to Medicare and Medicaid. The money will be divided between the federal Medicare, federal Medicaid, and Vermont Medicaid programs to which Dominion Diagnostics submitted the alleged false claims.
Dominion Diagnostics provides clinical drug monitoring solutions, clinical information, and support services to a variety of medical specialties. This includes urine drug testing and routine clinical blood testing to support screening, diagnosis and monitoring. Dominion Diagnostics is based in North Kingston, Rhode Island and has an office and does business in Vermont.
The United States and the State of Vermont contend that from January 1, 2010 through December 23, 2015, Dominion Diagnostics knowingly presented or caused to be presented claims for payment from Medicare and the Vermont Medicaid program for urine specimen validity testing when referring physicians did not specifically order specimen validity testing. The United States and the State of Vermont contend Dominion Diagnostics’ standing orders automatically included these validity tests without consideration as to whether the referring physicians had actually ordered the validity tests. In addition, the State of Vermont contends Dominion Diagnostics adopted and put into effect a new Usual & Customary Rate for certain claims and impermissibly gave that rate retroactive application on claims submitted to the Vermont Medicaid program.
“As exemplified by this settlement, health care companies doing business in Vermont who take shortcuts or ignore programmatic requirements, such as individualized medical necessity determinations, will face serious consequences,” said United States Attorney Christina E. Nolan. “We will pursue and hold accountable those who knowingly or recklessly bill the government for health care services without proper authorization and justification.”
The settlement announced today resolves the foregoing allegations without the need for litigation. Pursuant to the terms of the settlement agreement, the agreement and payment are neither an admission of liability by Dominion Diagnostics, nor a concession by the United States or State of Vermont that their claims are not well founded.
This matter was investigated by the United States Attorney’s Office for the District of Vermont, with assistance from the Office of the Inspector General of the Department of Health and Human Services, and by the Medicaid Fraud and Residential Abuse Unit of the Vermont Attorney General’s Office. Assistant United States Attorney Nikolas P. Kerest handled the matter on behalf of the United States. Vermont Assistant Attorney General Steven J. Monde of the Medicaid Fraud and Residential Abuse Unit represented the State of Vermont. R. Jeffrey Behm of the law firm Sheehey, Furlong & Behm, P.C., represented Dominion Diagnostics.
Disney Cruise Ship Employee Pleads Guilty to Wire Fraud, Admitting He Embezzled More than $275,000Read the Press Release
Assistant U.S. Attorney Joseph J.M. Orabona (619)546-7951
NEWS RELEASE SUMMARY – December 21, 2017
SAN DIEGO – Renan Dias Da Rocha Gomes, a former employee aboard the Disney Wonder cruise ship, entered a guilty plea today to one count of wire fraud in connection with his scheme to embezzle more than $275,000 from The Walt Disney Company.
Gomes, who was arrested by federal agents on October 27, 2017, when the Disney Wonder made port in San Diego, admitted that from at least October 2015 through October 27, 2017, he was employed as a merchandise host and assigned to work in the merchandise stores aboard the Disney Wonder. At the hearing today, Gomes admitted he executed his scheme by fraudulently obtaining money through his access to the VeriFone payment system in order to embezzle funds from Disney for his own personal use and benefit.
According to the plea agreement, Gomes admitted he made approximately $275,000 in unauthorized charges to Disney’s bank account, and loaded the value of the funds onto Disney gift cards while working aboard the Disney Wonder on the high seas. Gomes also admitted that from April 23, 2017 through May 7, 2017, he spent approximately $37,700 of the embezzled funds for his own personal benefit by taking his family on a Disney World vacation. While on this vacation, Gomes stated the he used the gift cards with the embezzled funds to pay approximately $8,200 on lodging, approximately $29,500 on food, beverage, merchandise and entertainment expenses. As part of his plea agreement, Gomes will be required to repay The Walt Disney Company the total amount of funds he stole which the company was unable to recover.
“When someone misappropriates company assets, the loss not only affects the company but also the consumer. Today’s guilty plea sends a strong message that those who commit such corporate fraud, even while operating on the high seas, will be held accountable in this district,” said United States Attorney Adam L. Braverman.
“This case illustrates the dangers that businesses face from trusted insiders who seek to defraud them. While external fraud threats are usually the focus, the greatest fraud threats to businesses are typically from within,” stated Special Agent in Charge Eric S. Birnbaum. “The FBI remains committed to working with our law enforcement partners to detect corporate crime in all its forms and bring those responsible to justice.”
“Today’s guilty plea is an example of the significant results that can be achieved when law enforcement agencies form a great partnership and work diligently to bring a case to prosecution,” said David Shaw, Special Agent in Charge for Homeland Security Investigations (HSI) in San Diego. “HSI will continue to investigate these individuals who attempt to enrich themselves by fraudulent means.”
Gomes’ next court appearance is on March 9, 2018 at 9 a.m. before U.S. District Judge Cathy A. Bencivengo. Gomes, who is a Brazilian national, remains in federal custody.
DEFENDANT Criminal Case No. 17CR3897-CAB
Renan Dias Da Rocha Gomes Age: 32 Citizenship: Brazil
SUMMARY OF CHARGES:
Count 1 – Wire Fraud (18 U.S.C. § 1343)
Maximum Penalties: mandatory minimum of 20 years in prison; maximum fine of $250,000; maximum term of supervised release of 3 years; restitution
INVESTIGATING AGENCIES
Federal Bureau of Investigation
Homeland Security Investigations, Immigration and Customs Enforcement
U.S. Customs and Border Protection
Departments of Justice and Homeland Security Release Data on Incarcerated Aliens—94 Percent of All Confirmed Aliens in DOJ Custody Are Unlawfully PresentRead the Press Release
President Trump’s Executive Order on Enhancing Public Safety in the Interior of the United States requires the Department of Justice (DOJ) and the Department of Homeland Security (DHS) to collect relevant data and provide quarterly reports on data collection efforts. On Dec. 18, 2017, DOJ and DHS released the FY 2017 4th Quarter Alien Incarceration Report, complying with this order.[1] The report found that more than one-in-five of all persons in Bureau of Prisons custody were foreign born, and that 94 percent of confirmed aliens in custody were unlawfully present.
"The American people deserve a lawful system of immigration that serves the national interest," Attorney General Sessions said. "But at the border and in communities across America, our citizens are being victimized by illegal aliens who commit crimes. Nearly 95 percent of confirmed aliens in our federal prisons are here illegally. We know based on sentencing data that non-citizens commit a substantially disproportionate number of drug-related offenses, which contributes to our national drug abuse crisis. The simple fact is that any offense committed by a criminal alien is ultimately preventable. One victim is too many. It's time for Congress to enact the President's immigration reform agenda so that we start welcoming the best and brightest while turning away drug dealers, gang members, and other criminals."
“While the administration is working diligently to remove dangerous criminal aliens from our streets, this report highlights the fact that more must be done,” said Secretary of Homeland Security Kirstjen Nielsen. “We will continue to pursue President Trump’s immigration priorities, including securing the border, enhancing interior enforcement, and pursuing a merit-based immigration system, but Congress must act immediately to adopt obvious solutions to strengthen DHS and DOJ efforts to confront dangerous criminal aliens.”
Section 16 of the Executive Order directs the Secretary of Homeland Security and the Attorney General to collect relevant data and provide quarterly reports regarding: (a) the immigration status of all aliens incarcerated under the supervision of the Federal Bureau of Prisons; (b) the immigration status of all aliens incarcerated as federal pretrial detainees under the supervision of the United States Marshals Service; and (c) the immigration status of all convicted aliens in state prisons and local detention centers throughout the United States.
A total of 58,766 known or suspected aliens were in in DOJ custody at the end of FY 2017, including 39,455 persons in BOP custody and 19,311 in USMS custody. Of this total, 37,557 people had been confirmed by U.S. Immigration and Customs Enforcement (ICE) to be aliens (i.e., non-citizens and non-nationals), while 21,209 foreign-born people were still under investigation by ICE to determine alienage and/or removability
Among the 37,557 confirmed aliens, 35,334 people (94 percent) were unlawfully present. These numbers include a 92 percent unlawful rate among 24,476 confirmed aliens in BOP custody and a 97 percent unlawful rate among 13,081 confirmed aliens in USMS custody.
This report does not include data on the foreign-born or alien populations in state prisons and local jails because state and local facilities do not routinely provide DHS or DOJ with comprehensive information about their inmates and detainees—which account for approximately 90 percent of the total U.S. incarcerated population.
Information Regarding Immigration Status of Aliens Incarcerated Under the Supervision of the Federal Bureau of Prisons
The Department of Justice’s Bureau of Prisons (BOP) has an operational process for maintaining data regarding foreign-born inmates in its custody. On a quarterly basis, BOP supplies this information to U.S. Immigration and Customs Enforcement (ICE). ICE, in turn, analyzes that information to determine the immigration status of each inmate and provides that information back to BOP.
Out of the 185,507 inmates in BOP custody, 39,455 (21 percent) were reported by BOP as foreign-born. Further details regarding these 39,455 foreign-born inmates are as follows:
- 20,240 (51 percent) were unauthorized aliens who are subject to a final order of removal;
- 14,979 (38 percent) remain under ICE investigation;
- 2,374 (6 percent) were unlawfully present and now in removal proceedings;
- 1,852 (less than 5 percent) were lawfully present aliens but are now in removal proceedings; and
- 10 were aliens who have been granted relief or protection from removal.
Information Regarding the Immigration Status of Aliens Incarcerated as Federal Pretrial Detainees
USMS identified 19,311 aliens and foreign-born inmates under ICE investigation detained at USMS facilities. Further details regarding these 19,311 foreign-born inmates are as follows:
- 11,459 (59 percent) were aliens who are subject to a final order of removal;
- 6,230 (32 percent) remain under ICE investigation;
- 1,261 (6.5 percent) were unlawfully present and now in removal proceedings;
- 358 (less than 2 percent) were lawfully present but are now in removal proceedings; and
- 3 were aliens who have been granted relief or protection from removal.
Immigration Status of All Convicted Aliens Incarcerated in State Prisons and Local Detention Centers Throughout the United States
The Departments continue to progress towards establishing data collection of the immigration status of convicted aliens incarcerated in state prisons and local detention centers through the Department of Justice’s Office of Justice Programs, Bureau of Justice Statistics and the Department of Homeland Security’s Office of Immigration Statistics.
[1] The FY 2017 2nd Quarter report is available at: https://www.justice.gov/opa/pr/pursuant-executive-order-public-safety-department-justice-releases-data-incarcerated-aliens-0. Data for the 3rd quarter of FY 2017 is available at: https://www.dhs.gov/news/2017/08/01/pursuant-executive-order-public-safety-departments-justice-and-homeland-security.
Danbury Man Pleads Guilty to Heroin Distribution Charge Stemming from Overdose DeathRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that JOSE GREGORY CHARON, also known as “Yoshi,” 31, of Danbury, waived his right to be indicted and pleaded guilty today in Hartford federal court to one count of distribution of heroin.
This prosecution is part of an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on April 9, 2017, the Danbury Police Department responded to Danbury residence on a report of an untimely death of a woman. Investigators collected from the scene three cellphones, a bottle of methadone and an empty glassine bag marked with a particular brand stamp. Testing of the contents of the bag confirmed that it contained heroin.
The Office of the Chief Medical Examiner determined that the victim died on April 8, 2017, as a result of a methadone and benzodiazepine (Xanax) overdose.
In May 2017, investigators made two controlled purchases of heroin from CHARON. Several of the bags of heroin purchased on both occasions were marked with the same brand stamp that was on the empty bag found in the overdose victim’s residence.
CHARON was arrested on a federal criminal complaint on September 12.
The charge of distribution of heroin carries a maximum term of imprisonment of 20 years. CHARON is scheduled to be sentenced by U.S. District Judge Michael P. Shea on March 12, 2018.
This matter has been investigated by the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force, the Danbury Police Department and the Darien Police Department. The Task Force includes members from the Bridgeport, Stamford, Stratford, Norwalk and Milford Police Departments, and the Connecticut State Police. This case is being prosecuted by Assistant U.S. Attorneys Douglas P. Morabito and David C. Nelson.
Cypress Man Sentenced for Enticement of a Minor via Messaging AppRead the Press Release
HOUSTON – A 34-year-old Cypress man has been ordered to federal prison following his conviction of coercion and enticement of a minor, announced Acting U.S. Attorney Abe Martinez. Christopher Ray Nunes pleaded guilty June 30, 2017.
Today, U.S. District Judge Melinda Harmon took into consideration the facts and circumstances of the case, specifically that Nunes knew what he was doing was illegal and yet he still travelled to meet someone he believed to be a 15-year-old girl for sexual activity. She then imposed a 120-month term of imprisonment. Nunes was further ordered serve 10 years of supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. He will also be ordered to register as a sex offender.
On Nov. 19 and 20, 2015, Nunes communicated through the texting application known as KIK with someone he believed to be a 15-year-old girl. During those conversations, he detailed his intended plans to engage in sexual acts with her.
On Nov. 20, 2015, Nunes drove from Cypress to Fort Bend County for the purpose of engaging in a sexual act with the girl. He was taken into custody upon his arrival. At the time of his arrest, Nunes was in possession of the phone on which the sexually explicit KIK chats occurred.
Nunes was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI and the Houston Metro Internet Crimes Against Children Task Force conducted the investigation. Assistant U.S. Attorney Sherri L. Zack is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Corning Man Sentenced for Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Theil, 54, of Corning, NY, who was convicted of possession of child pornography, was sentenced to 30 months in prison and 10 years supervised release by U.S. District Judge David G. Larimer.
Assistant U.S. Attorney Melissa M. Marangola, who handled the case, stated that between 2013 and December 16, 2016, the defendant possessed more than 300 images of child pornography on an Apple MacBook Pro laptop. Theil received the images over the internet. Some of the images depicted prepubescent minors and violence.
In November, 2016, the Ithaca Police Department was alerted by a cooperating witness (CW) that she knew a man from Corning who had a sexual interest in children. The CW told officers that Theil showed her naked images of young girls, approximately seven or eight years old, on his iPad. In addition, the CW stated that Theil admitted to her that he had previously sexually abused his niece on multiple occasions when she was approximately 14 years old. The CW further stated that on another occasion, Theil asked her to facilitate a sexual encounter with a minor female.
On December 15, 2016, search warrants were executed at the defendant’s residence in Corning and at Theil’s lake house in Hammondsport, NY. Following the searches, a forensic examination of the defendant’s computer revealed 367 images of child pornography on Theil’s laptop.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, the New York State Police, under the direction of Major Richard Allen, the Ithaca Police Department, under the direction of Chief Pete Tyler, the Steuben County Sheriff’s Department, under the direction of Sheriff James Allard, and the Albany Division of the FBI, under the direction of Special Agent-in-Charge Vadam Thomas.
Clinton Felon Sentenced to More Than Twenty Years in Federal Prison after Possessing Loaded Firearm and Then Assaulting Mount Vernon Police OfficerRead the Press Release
An eight-time felon who possessed a loaded firearm, and then assaulted and injured a Mount Vernon police officer during a traffic stop on Highway 30 in February 2017, was sentenced today to more than 20 years in federal prison.
Erwin Keith “Duffy” Bell, age 36, from Clinton, Iowa, received the prison term after a June 14, 2017, guilty plea to being a felon in possession of a firearm and ammunition. At the guilty plea, Bell admitted he possessed a .22 magnum caliber revolver after eight prior felony convictions in Iowa and Illinois for, among other things, possession of controlled substances with the intent to deliver, firearms trafficking, extortion, and burglary.
Evidence at the sentencing hearing showed that Bell was a passenger in a car travelling westbound on Highway 30 on February 4, 2017. When a Mount Vernon police officer attempted to arrest Bell, Bell struck the officer and fled. After a brief chase, Bell “squared off” with the officer and resisted arrest. Bell grabbed the officer’s duty baton and hit the officer with it. Bell also attempted to reach for the officer’s waistband during the struggle. After law enforcement officers subdued Bell, they found a loaded firearm on the ground. Bell later threatened to “beat” the arresting law enforcement officer, spat on another law enforcement officer, and was combative at a Cedar Rapids hospital.
Bell was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Bell was sentenced to 248 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $400 in restitution the City of Mount Vernon, Iowa. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Bell is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Tim Vavricek and was investigated by the Federal Bureau of Investigation, the Mount Vernon Police Department, the Lisbon Police Department, the Linn County Sheriff’s Office, the Mechanicsville Police Department, the Iowa State Patrol, the Clinton Police Department, the Davenport Police Department, the Eldridge Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-mj-65 and 17-cr-27.
Follow us on Twitter @USAO_NDIA.
Citizen of Guatemala Pleads Guilty to Reentering U.S. after Being Deported for Sex Assault ConvictionRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DIMAS ESCOBAR, 41, a citizen of Guatemala last residing in New Britain, pleaded guilty today in New Haven federal court to one count of reentry of a removed alien.
According to court documents and statements made in court, ESCOBAR was admitted to the U.S. as a lawful permanent resident in November 2004.
In October 2011, ESCOBAR was convicted in Bristol Superior Court of sexual assault in the second degree and was sentenced to eight years of incarceration, execution suspended after 18 months, and 10 years of probation. He also was subject to mandatory sex offender registration.
In May 2013, ESCOBAR was deported from the U.S. to Guatemala.
On June 7, 2017, Plainville Police alerted ICE to ESCOBAR’s presence in the U.S. On June 14, ICE officers arrested ESCOBAR following a traffic stop in New Britain.
ESCOBAR has been detained since his arrest. He is scheduled to be sentenced by U.S. District Judge Alvin W. Thompson in Hartford on March 15, 2018, at which time he faces a maximum term of imprisonment of 20 years.
This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. The case is being prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Cheektowaga Man Sentenced for Attempting to Possess Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Andrew Reiner, 30, of Cheektowaga, NY, was sentenced to 108 months in prison for attempting to possess child pornography before U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Scott S. Allen, Jr., who handled the case, stated that, beginning in June 2016, the defendant communicated with a 15-year-old girl via cellphone applications Kik and Skout in an effort to have sexual intercourse with the child victim. Through the cellphone applications and text messaging, the defendant convinced the minor victim to sneak out of her home late at night to meet him for sexual activity on as many as four occasions. The defendant attempted to entice the victim to ask her friends to participate in sexual activity as well. Between June 2016 and July 2016, the defendant also asked the 15-year-old girl to send him sexually explicit photographs. Evidence shows the defendant had sexual intercourse with two other minor females.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, Violent Crimes Against Children Program, under the direction of Special Agent-in-Charge Adam S. Cohen.
Charles County Sheriff’s Deputy Sentenced to 2 Years in Prison for Possession of Child PornographyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – United States District Judge Paul W. Grimm has sentenced former Charles County Sheriff’s Deputy Alexander C. Sullivan, age 38, of King George, Virginia, to 2 years in prison followed by five years of supervised release for possession of child pornography.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Sheriff Troy D. Berry of the Charles County Sheriff’s Office; and Sheriff Steve F. Dempsey of the King George County Sheriff’s Office.
According to the plea agreement, the National Center for Missing and Exploited Children (NCMEC) received four tips from a company that provides cloud security concerning suspected child pornography being uploaded to a specific telephone number in October and November 2016. An officer from the Charles County Sheriff’s Department conducted a search on the telephone number and determined that it belonged to Alexander Sullivan of Indian Head, Maryland. A state search warrant for Sullivan and his telephone was executed in Charles County on November 17, 2016. A preview of the materials on the phone allegedly revealed more than 100 images and at least seven videos containing child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
Acting United States Attorney Stephen M. Schenning commended HSI Baltimore, the Charles County Sheriff’s Office and the King George County Sheriff’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Joseph R. Baldwin and Kristi N. O’Malley, who are prosecuting the federal case.
California man charged with using the mail to distribute methamphetamine to VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury returned a Superseding Indictment today charging Alexis Ocegueda, 23, with conspiracy to distribute 50 grams or more of a mixture and substance containing methamphetamine, distribution of 50 grams or more of a mixture and substance containing methamphetamine, and attempted distribution of 50 grams or more of a mixture and substance containing methamphetamine.
According to Court documents, the United States alleges that during the conspiracy, Ocegueda shipped packages containing methamphetamine from San Diego, California to Vermont using the United States Postal Service. As part of the investigation, law enforcement seized over 250 grams of methamphetamine shipped by Ocegueda to addresses in Vermont.
On December 13, 2017, Ocegueda was arrested by United States Postal Inspectors and agents of the Drug Enforcement Administration at his residence in San Diego, California pursuant to a Criminal Complaint and Arrest Warrant issued by the Honorable John M. Conroy, United States Magistrate Judge for the District of Vermont. On December 19, 2017, Ocegueda appeared before the Honorable William V. Gallo, United States Magistrate Judge for the Southern District of California. Ocegueda stipulated to his pretrial detention, and was ordered removed to the District of Vermont. Ocegueda’s initial appearance in the District of Vermont has not yet been scheduled
The United States Attorney emphasizes that the charges contained in the Superseding Indictment are merely accusations and that Ocegueda is presumed innocent unless and until he is proven guilty. If Ocegueda is convicted, he faces a mandatory minimum sentence of five years, and a maximum possible sentence of forty years on each alleged count.
United States Attorney Christina E. Nolan commended the efforts of the Drug Enforcement Administration and the United States Postal Inspection Service in the investigation of Ocegueda. Nolan added, “it is through such collaborative efforts across agencies and jurisdictions that we bring large-scale traffickers of dangerous drugs to justice. This case exemplifies how our dedicated public servants in law enforcement join forces for the health and safety of the citizens they are sworn to protect. We thank DEA, USPIS, and their local partners for closing off this methamphetamine pipeline that ran from the west coast to Vermont.”
“This arrest reflects DEA’s strong commitment to bring to justice those that distribute methamphetamine,” said DEA Special Agent in Charge Michael J. Ferguson. “DEA and its local, state, and federal law enforcement partners will do everything in our power to keep this highly addictive drug off the streets of Vermont. This investigation demonstrates the strength of collaborative law enforcement efforts in Vermont and across the country, as well as our strong partnership with the U.S. Attorney’s Office to aggressively pursue anyone who traffics this poison.”
“It is our duty as Postal Inspectors to go after those individuals who attempt to ship illicit drugs through the US Mail. The war on drugs has been an on-going and hard fought battle for law enforcement. Postal Inspectors will aggressively pursue anyone who attempts to use the Postal Service to facilitate drug trafficking,” said Nichole Cooper, Inspector in Charge of the Los Angeles Division of the U.S. Postal Inspection Service.
The United States is represented in this matter by Assistant U.S. Attorney Jonathan A. Ophardt. An attorney has not yet appeared in Vermont on behalf of Ocegueda. The investigation was conducted by the Drug Enforcement Administration, the United States Postal Inspection Service – Los Angeles Division, and the United States Postal Inspection Service – Boston Division.
Butte County Couple Indicted for Trafficking Methamphetamine in Butte and Shasta CountiesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a six-count indictment today against Curtis Dale Sawyer, 52, and Ann Marie Vance, 49, both of Chico, charging them with conspiring to possess and possessing methamphetamine for distribution, U.S. Attorney Phillip A. Talbert announced. Vance was also charged with unlawful possession of a firearm.
According to court documents, on December 7, officers stopped Sawyer while he was driving northbound on Interstate 5 in Shasta County. After a narcotics canine alerted to the car, agents searched the vehicle and found over three pounds of methamphetamine. Afterwards, law enforcement officers searched the Chico home that Sawyer shared with Vance, where they found more methamphetamine and $106,634 in cash. Officers found another 8.3 pounds of methamphetamine in a car Vance was driving near the home, and a subsequent search of a storage unit connected to Vance uncovered additional methamphetamine, cash, and five firearms. Vance is prohibited by law from possessing firearms.
This case is the product of an investigation by the Shasta Interagency Narcotics Task Force, the Butte Interagency Narcotics Task Force, the Shasta County Sheriff’s Office, and the Drug Enforcement Administration.
If convicted of the most significant drug charges, Sawyer and Vance each face a mandatory minimum penalty of 10 years in prison, and a maximum penalty of life in prison and a $10 million fine. If convicted of the firearm charge, Vance faces a maximum penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account several variables. These charges are only allegations; the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Brooke County woman admits to embezzling from credit unionRead the Press Release
WHEELING, WEST VIRGINIA – A Wellsburg, West Virginia woman pled guilty today to taking more than $82,000 from a local credit union, United States Attorney Bill Powell announced.
Michelle K. Martin, age 45, pled guilty to one count of “Theft, Embezzlement or Misapplication by Credit Institution Employee.” Martin admitted to embezzling approximately $82,000 from the Strip Steel Community Federal Credit Union in Brooke County from October 2016 to May 2017.
Martin faces up to 30 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The Federal Bureau of Investigation investigated.
Senior U.S. District Judge Frederick P. Stamp, Jr., presided.
Brevard County Man Sentenced to 24 Years for Production of Child PornographyRead the Press Release
Orlando, Florida – U.S. District Judge Paul G. Byron has sentenced Billy Leon Dyer (78, Melbourne) to 24 years in federal prison for producing child pornography. The Court also ordered him to forfeit his residence located at 7664 Candlewick Drive and a vehicle that he used during the offense.
Dyer pleaded guilty on September 20, 2017.
According to court documents, between June 22, 2016, and February 9, 2017, Dyer induced at least three teen girls to engage in sexually explicit conduct so that he could produce child pornography. Dyer paid the girls, who were between 14 and 15 years old, $140-$200 each time he had sex with them. Sometimes he gave them drugs in exchange for sex. Agents discovered Dyer’s conduct after he discussed the details of his explicit activity during jail calls that he made to adult inmates at the Brevard County Jail.
In March 2017, law enforcement officers conducted an undercover operation using an undercover officer posing as an adult woman online. Dyer began a conversation with the “woman” and asked to “meet her soon.” The “woman” said that she was unable to have sex with him, but referred her 15-year-old cousin. Dyer told the “woman” that he would pay her a $40 finder’s fee for referring her “cousin,” and that he would pay her “cousin” $150 to have sex with him. During their conversation, Dyer admitted that he liked young girls and arranged a time to meet the “cousin” for sex. When he arrived at the predetermined location, agents arrested him. On his phone, computer, and thumb drive, agents located more than 170 images depicting the teen girls that Dyer had sex with at his house.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Brevard County Sheriff’s Office. It was prosecuted by Special Assistant United States Attorney Christina R. Downes, on assignment from the Office of the Principal Legal Advisor, ICE.
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.
Boylston Man Pleads Guilty to Distributing and Possessing Child PornographyRead the Press Release
BOSTON – A Boylston man pleaded guilty today in federal court in Worcester to two child pornography charges.
Randy Alan Chaplis, 33, pleaded guilty to one count of distributing child pornography and one count of possessing child pornography involving a prepubescent minor and a minor who had not attained 12 years of age. U.S. District Court Judge Timothy J. Hillman scheduled sentencing for March 22, 2018. Chaplis was arrested and charged by criminal complaint on March 16, 2017, and has been detained since his arrest.
On Feb. 9, 2017, Chaplis sent two emails to an undercover law enforcement officer that included dozens of images of child pornography, including prepubescent girls engaged in sex acts with adult men. In other email communications with the undercover officer, Chaplis stated that he likes three-to-10 year olds, and that he has “fun” with his girlfriend’s five-year-old daughter when her mother is not home. Chaplis emailed graphic descriptions of the sexual acts he purportedly performed on his girlfriend’s child starting when the child was two-years-old. He asked whether the undercover officer intended to have sexual intercourse with the undercover officer’s infant daughter once she turned three or four.
On March 15, 2017, federal agents executed a search warrant at Chaplis’ residence and seized an external hard drive and a desktop computer that included multiple images of child pornography.
The charging statutes provide for a sentence of no greater than 20 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney William F. Abely of Weinreb’s Worcester Branch Office is prosecuting the case.
The 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 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/.
Beach Aviation Owner Robert “Charles” Brady Arrested on 56-Count IndictmentRead the Press Release
Robert Charles Brady, 36, of Fort Lauderdale, was arrested after being charged for wire fraud, filing false records in federal investigation and operating an aircraft without an airman’s certificate. U.S. Magistrate Judge Dave Lee Brannon ordered that Brady be detained.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and Marlies T. Gonzalez, Regional Special Agent in Charge, U.S. Department of Transportation, Office of the Inspector General (DOT-OIG), made the announcement.
As alleged in the Indictment, from 2012 to October 2017, Brady owned Beach Aviation, formerly located in Pompano and Boca Raton. It is alleged that Brady operated an illegal charter air carrier service and flight school in which Brady and his employees chartered flights to and from Bahamas and other destinations in the United States without authorization from the FAA. In addition, Brady falsified records seeking a second-in-command rating on a convair jet and claimed to be certified flight instructor on student logbooks, which were relied upon by students and FAA to verify flight hours for FAA pilot certifications and ratings.
The Indictment charges Brady with 56 separate counts. If convicted, Brady faces a maximum sentence of 20 years on each of the 12 counts of wire fraud, 20 years on each of the 17 counts of filing false records in a federal investigation, and three years on each of the 27 counts of operating an aircraft without an airman’s certificate.
Mr. Greenberg commended the investigative efforts of DOT-OIG and the Federal Aviation Administration. The case is being prosecuted by Assistant U.S. Attorney Scott Behnke.
An indictment is only an accusation, and a defendant is presumed innocent unless and until proven guilty.
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.
Baton Rouge Man Sentenced for Operating an Aircraft in Air Transportation without an Airman’s CertificateRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that CHRISTOPHER ROBERTS, age 33, of Baton Rouge, was sentenced today after previously pleading guilty to operating an aircraft in air transportation without an airman’s certificate.
U.S. District Judge Lance M. Africk sentenced ROBERTS to 5 years of probation.
According to court documents, ROBERTS possessed an airman’s certificate prior to September 2009. On or about September 10, 2009, the Federal Aviation Administration (FAA) issued ROBERTS an Emergency Order of Revocation after it was determined that an emergency existed related to safety in air commerce and immediately removed ROBERTS’ airman’s certificates, which are required to pilot an aircraft. Nevertheless, on or about January 25, 2016, ROBERTS knowingly piloted a Cessna 421 aircraft from Cookville, Tennessee to Hammond, Louisiana. Additionally, on or about May 16, 2017, ROBERTS knowingly piloted a Cessna 310 aircraft with passengers from the New Orleans International Airport in Kenner, Louisiana to Sarasota/Bradenton Airport in Florida.
Acting U.S. Attorney Evans praised the work of the U.S. Department of Transportation, Office of Inspector General, and the U.S. Department of Homeland Security, Bureau of Customs and Border Protection, Office of Air and Marine, in investigating this matter. Assistant U.S. Attorney Loan “Mimi” Nguyen was in charge of the prosecution.
BPD Cell Block Attendant Sentenced for Violating the Civil Rights of an Individual in CustodyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—U.S. Attorney James P. Kennedy, Jr. announced today that Matthew Jaskula, 27, of Buffalo, NY, who was convicted of willfully depriving another of their constitutional rights under color of law resulting in bodily injury, was sentenced to 18 months in prison and three years of supervised release by U.S. District Judge Lawrence J. Vilardo.
According to First Assistant U.S. Attorney Joseph M. Guerra, who handled the case, Jaskula worked as a Cell Block Attendant with the Buffalo Police Department since 2013. On May 19, 2016, the defendant was working as a Senior Cell Block Attendant.
On May 19, 2016, the victim was arrested by two Buffalo Police officers and transported to the cell block area of police headquarters. At approximately 10:00 p.m., the victim, whose hands were handcuffed behind his back, was taken into the fingerprint and mug shot room. The officers and the victim were met by Jaskula and another cell block attendant.
The victim, with his hands still handcuffed behind him, was instructed to face a wall. Within a few seconds, Jaskula grabbed the victim from behind and shoved the victim face-first into a door. The force of the defendant’s actions not only caused the victim to strike the door, it caused the door to fly open and the victim to fall to the ground. On the way to the ground, the victim’s face struck the ledge of a shelf, before striking the floor, face-first.
The defendant’s actions caused the victim to become limp and unresponsive. Jaskula thereafter grabbed the victim by his handcuffed arms and dragged him down a hallway for approximately 10-15 feet to an open cell. The victim began bleeding profusely as he was dragged by the defendant and taken into an open cell. As the victim was pulled into the room, the victim’s head hit the door frame, causing blood to pool on the floor. Once in the room, the victim’s facial injuries caused a large amount of blood to fall onto the seat and floor of the cell.
The victim was later taken by Jaskula and another and put into a restraint chair used for non-compliant prisoners. The defendant left the victim in this chair, without seeking medical treatment for the facial injuries, for approximately an hour and 45 minutes. The cell block area in Buffalo Police headquarters is equipped with a video recording system and Jaskula’s actions were captured on video.
Jaskula told two lieutenants on duty that a prisoner had a bloody nose, giving the impression that the victim had the bloody nose when he was brought in by the officers. After one of the lieutenants indicated the victim should go to the Erie County Medical Center, the defendant replied that the victim’s nose was not bleeding anymore and he was refusing medical treatment. At approximately 11:30 p.m., the victim complained of chest pains. The victim was taken to ECMC and treated for nasal bone fractures and a laceration between his nose and right eye.
“Every day, children across the country begin their school day repeating the Pledge of Allegiance, which concludes with the following phrase, ‘with liberty and justice for all,’ noted U.S. Attorney Kennedy. “‘All’ means all, it doesn’t mean ‘some’ or simply ‘those who act the way we like.’ This Office remains committed to doing our part to deliver justice to—and to protect the civil rights of—all citizens in our District.”
"The FBI's Civil Rights Program dedicates a significant amount of its efforts to investigating crimes committed by individuals exploiting their government-granted powers," said Adam S. Cohen, Special Agent-in-Charge of the FBI Buffalo Office. "Matthew Jaskula received certain powers from the government so that he could defend the rights of the people and prevent wrongdoing. His badge did not come with the authority to ignore the Constitution; rather, he had a responsibility to uphold it."
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent in Charge Adam S. Cohen, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
Attorney General Jeff Sessions Rescinds 25 Guidance DocumentsRead the Press Release
Today, Attorney General Jeff Sessions announced that, pursuant to Executive Order 13777 and his November memorandum prohibiting certain guidance documents, he is rescinding 25 such documents that were unnecessary, inconsistent with existing law, or otherwise improper.
In making the announcement, the Attorney General said: “Last month, I ended the longstanding abuse of issuing rules by simply publishing a letter or posting a web page. Congress has provided for a regulatory process in statute, and we are going to follow it. This is good government and prevents confusing the public with improper and wrong advice.”
“Therefore, any guidance that is outdated, used to circumvent the regulatory process, or that improperly goes beyond what is provided for in statutes or regulation should not be given effect. That is why today, we are ending 25 examples of improper or unnecessary guidance documents identified by our Regulatory Reform Task Force led by our Associate Attorney General Rachel Brand. We will continue to look for other examples to rescind, and we will uphold the rule of law.”
In March, President Donald Trump issued Executive Order 13777, which calls for agencies to establish Regulatory Reform Task Forces, chaired by a Regulatory Reform Officer, to identify existing regulations for potential repeal, replacement, or modification. The Department of Justice Task Force, chaired by Associate Attorney General Rachel Brand, began its work in May.
On November 17, the Attorney General issued a memorandum prohibiting DOJ components from using guidance documents to circumvent the rulemaking process and directed Associate Attorney General Brand to work with components to identify guidance documents that should be repealed, replaced, or modified.
The Task Force has already identified 25 guidance documents for repeal and is continuing its review of existing guidance documents to repeal, replace, or modify.
The list of 25 guidance documents that DOJ has withdrawn in 2017 is as follows:- ATF Procedure 75-4.
- Industry Circular 75-10.
- ATF Ruling 85-3.
- Industry Circular 85-3.
- ATF Ruling 2001-1.
- ATF Ruling 2004-1.
- Southwest Border Prosecution Initiative Guidelines (2013).
- Northern Border Prosecution Initiative Guidelines (2013).
- Juvenile Accountability Incentive Block Grants Program Guidance Manual (2007).
- Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on Levying Fines and Fees on Juveniles (January 2017).
- Dear Colleague Letter on Enforcement of Fines and Fees (March 2016).
- ADA Myths and Facts (1995).
- Common ADA Problems at Newly Constructed Lodging Facilities (November 1999).
- Title II Highlights (last updated 2008).
- Title III Highlights (last updated 2008).
- Commonly Asked Questions About Service Animals in Places of Business (July 1996).
- ADA Business Brief: Service Animals (April 2002).
- Prior Joint Statement of the Department of Justice and the Department of Housing and Urban Development Group Homes, Local Land Use, and the Fair Housing Act (August 18, 1999).
- Letter to Alain Baudry, Esq., with standards for conducting internal audit in a non-discriminatory fashion (December 4, 2009).
- Letter to Esmeralda Zendejas on how to determine whether lawful permanent residents are protected against citizenship status discrimination (May 30, 2012).
- Common ADA Errors and Omissions in New Construction and Alterations (June 1997).
- Common Questions: Readily Achievable Barrier Removal and Design Details: Van Accessible Parking Spaces (August 1996).
- Website guidance on bailing-out procedures under section 4(b) and section 5 of the Voting Rights Act (2004).
- Americans with Disabilities Act Questions and Answers (May 2002).
- Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments' Employment Service Systems for Individuals with Disabilities (October 31, 2016).
Acoma Pueblo Man Pleads Guilty to Federal Statutory Rape ChargeRead the Press Release
ALBUQUERQUE – Mykal Concho, 23, an enrolled member and resident of Acoma Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to a statutory rape charge. Concho entered the guilty plea without the benefit of a plea agreement.
Concho was arrested on May 23, 2017, on an indictment charging him with sexually abusing a minor between 12 and 16 years of age. According to the indictment, Concho committed the crime between Nov. 24, 2014 and Dec. 31, 2014, on the Laguna Pueblo in Cibola County, N.M.
During today’s proceedings, Concho pled guilty to the indictment without the benefit of a plea agreement. At sentencing, Concho faces a statutory maximum penalty of 15 years in federal prison. He will also be required to register as a sex offender after he completes his prison sentence. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorney Elisa Dimas is prosecuting the case pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
20 December 2017
Woman Sentenced to Federal Prison for Shooting Her Husband While at Residence on Fort Bliss in El PasoRead the Press Release
In El Paso today, a federal judge sentenced 24–year-old Arely Brigette Ruiz to 78 months in federal prison for shooting her husband inside their residence on Fort Bliss earlier this year announced United States Attorney John F. Bash and FBI Special Agent in Charge Emmerson Buie, El Paso Division.
In addition to the prison term, United States District Judge Kathleen Cardone ordered that Ruiz pay $500.00 fine and be placed on supervised release for a period of three years after completing her prison term.
On October 6, 2017, Ruiz pleaded guilty to one count of assault resulting in serious bodily injury.
According to court records, on January 16, 2017, Ruiz transported her husband to the William Beaumont Army Medical Center to receive emergency treatment for an abdominal gunshot wound. Initially, both reported to hospital staff that the weapon, a 9mm pistol, had accidentally discharged during cleaning. Ruiz’s husband underwent successful surgery and remained in a medically induced coma for the next three days.
On January 19, 2017, the victim regained consciousness and immediately told hospital staff that his wound was not self-inflicted, but rather, the defendant shot him with a pistol. After initially denying involvement in the shooting, the defendant admitted to investigators that she, in fact, had shot her husband following an argument about their marriage.
Ruiz has remained in federal custody since her arrest on January 16, 2017.
FBI agents conducted this investigation together with Army Criminal Investigative Command (CID). Assistant United States Attorney Ian Hanna prosecuted this case on behalf of the Government.
Woman Sentenced in Connection to Methamphetamine ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Wendy Kennedy, 39, of Beaver Dams, NY, who was convicted of conspiracy to manufacture and distribute methamphetamine, was sentenced to 24 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Katelyn M. Hartford, who handled the case, stated that between June 2012 and May 4, 2016, the defendant provided her brother and co-conspirator Scott Kennedy with equipment and materials, including pseudoephedrine, with the knowledge and intent that her brother would use them to manufacture methamphetamine. Wendy Kennedy also obtained quantities of methamphetamine from her brother, which he had manufactured, that she then distributed to her own customers. During the course of the conspiracy, Scott Kennedy distributed large amounts of methamphetamine with and to people throughout the area of Schuyler, Chemung, and Steuben Counties in New York.
Also, in furtherance of the conspiracy, the defendant used and maintained 2200 County Route 19, in Dix NY, for the purpose of manufacturing and distributing methamphetamine. Wendy Kennedy permitted her brother to manufacture methamphetamine at this location, and the defendant used that location to sell methamphetamine to others.
Scott Kennedy, and three other defendants, Jared Mendez, Terry Champion, and Quinton Harrison, have also been convicted.
The sentencing is the result of an investigation by the New York State Police, Special Investigations Unit, Rochester; the New York State Police, CNET Southern Tier, under the direction of Major Richard Allen; the Schuyler County Sheriff’s Department, under the direction of William Yessman; and the Schuyler County District Attorney’s Office, under the direction of Joseph Fazzary.
Windham Man Sentenced to Three Years on Child Pornography ChargeRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Matthew Miller, 52, of Windham, Maine, was sentenced yesterday in U.S. District Court by Judge George Z. Singal to three years in prison and ten years of supervised release for accessing with intent to view material containing images of child pornography. Judge Singal also ordered Miller to pay a $5,000 special assessment applicable to non-indigent individuals convicted of child exploitation offenses. Miller pleaded guilty to the offense on July 5, 2017.
According to court records, in September 2016, investigators from Homeland Security Investigations and the Maine State Police Computer Crimes Unit were investigating the exchange of child pornography over the internet. As part of the investigation, agents downloaded child pornography files from a computer that was making the files available. The computer was later determined to be at Miller’s residence in Windham. Investigators executed a search warrant at the residence, and found that Miller had been searching for and downloading child pornography to his computer using a peer-to-peer file-sharing network.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Maine State Police Computer Crimes Unit.
Washington Man Sentenced to over 12 Years in Prison for Trafficking over 60 Pounds of Methamphetamine into MontanaRead the Press Release
BILLINGS - The United States Attorney’s Office announced today that Juan Ramon Delgadillo-Meza, a 41 year-old resident of Ephrata, Washington, was sentenced to 151 months in prison, 5 years of supervised release, and a $200 special assessment. The sentence also includes a $1.3 million dollar money judgment. Delgadillo-Meza was convicted of conspiracy to possess with intent to distribute methamphetamine, in violation of 21 U.S.C. § 846, and conspiracy to commit money laundering, in violation of 21 U.S.C. § 1956(h). U.S. District Judge Susan P. Watters presided over the hearing.
In mid-June of 2015, agents with the Eastern Montana High Intensity Drug Trafficking Area Task Force and the Federal Bureau of Investigation’s Big Sky Safe Streets Task Force began an investigation into a methamphetamine trafficking organization responsible for transporting methamphetamine from Washington into Belgrade and Billings, Montana for distribution. Agents identified Juan Ramon Delgadillo-Meza as one of the individuals who transports methamphetamine from Washington to Montana.
In August 2015, agents conducted surveillance and saw Delgadillo-Meza meet with an individual in Billings who was later identified as one of Delgadillo-Meza’s distributors. Agents then learned through hotel records, surveillance video and surveillance that Delgadillo-Meza continued to travel to Montana from September through November.
On November 15, 2015, a Montana Highway Patrol Trooper stopped Delgadillo-Meza for a traffic violation near Manhattan. The vehicle was later searched pursuant to a warrant and approximately 886 grams of pure methamphetamine was seized.
The investigation continued into January 2016 when agents searched the residences of Delgadillo-Meza’s distributors in Billings and Belgrade. During those searches, agents seized approximately 356 grams of pure methamphetamine from a storage facility in Billings.
Sources later confirmed that Delgadillo-Meza began traveling to Billings in 2014 and would transport two pounds of methamphetamine every two weeks. He sold each pound of methamphetamine for approximately $12,500.
Delgadillo-Meza’s Montana distributors were previously convicted and sentenced for narcotics and money laundering offenses in U.S. District Court. The sentence for one of the distributors included the forfeiture of his house, vehicle, and U.S. Currency held in a bank account.
The Delgadillo-Meza case was investigated by the Federal Bureau of Investigation, Eastern Montana High Intensity Drug Trafficking Area Task Force, and multiple other federal, state, and local agencies.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
Upshur County woman admits to her role in a stolen firearms and methamphetamine operationRead the Press Release
ELKINS, WEST VIRGINIA – A Buckhannon, West Virginia woman has admitted to her role in a stolen firearms and meth distribution operation, United States Attorney Bill Powell announced.
Lisa Kay Knight, age 24, pled guilty to one count of “Conspiracy to Possess Stolen Firearms.” Knight admitted to conspiring with others to steal, possess, barter and sell firearms for money and methamphetamines in Upshur County and elsewhere from October 2016 to September 2017.
Knight faces up to five years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the cases on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department are investigating.
U.S. Magistrate Judge Michael John Aloi presided.United Therapeutics Agrees to Pay $210 Million to Resolve Allegations that it Paid Kickbacks Through a Co-Pay Assistance FoundationRead the Press Release
BOSTON – The U.S. Attorney’s Office announced today that pharmaceutical company United Therapeutics Corporation (UT), a seller of pulmonary arterial hypertension (PAH) drugs, has agreed to pay $210 million to resolve allegations that it violated the False Claims Act by paying kickbacks to Medicare patients through a purportedly independent charitable foundation.
When a Medicare beneficiary obtains a prescription drug covered by Medicare Part B or Part D, the beneficiary may be required to make a partial payment, which may take the form of a co-payment, co-insurance, or deductible (collectively “co-pays”). These co-pay obligations may be substantial for expensive medications. Congress included co-pay requirements in these programs, in part, to encourage market forces to serve as a check on health care costs, including the prices that pharmaceutical manufacturers can demand for their drugs. The Anti-Kickback Statute prohibits pharmaceutical companies from offering or paying, directly or indirectly, any remuneration – which includes money or any other thing of value – to induce Medicare patients to purchase the companies’ drugs.
UT sells a number of PAH drugs, including Adcirca, Remodulin, Tyvaso, and Orenitram. As part of today’s settlement, the government alleged that UT used a foundation, which claims 501(c)(3) status for tax purposes, as a conduit to pay the co-pay obligations of thousands of Medicare patients taking its PAH drugs. From February 2010 through January 2014, the government alleged, UT routinely obtained data from the foundation detailing how many patients on each UT PAH drug the foundation had assisted and how much the foundation had spent on those patients. The government alleged that UT used this data to decide the amount to donate to the foundation. At the same time, the government alleged, UT had a policy of not permitting Medicare patients to participate in its free drug program (which was open to other financially needy patients) even if those Medicare patients could not afford their co-pays for UT drugs. Instead, in order to generate revenue from Medicare and to induce purchases of its PAH drugs, UT allegedly referred Medicare patients prescribed its PAH drugs to the foundation, which resulted in claims to Medicare to cover the cost of those drugs.
“UT used a third party to do exactly what it knew it could not lawfully do itself,” said Acting United States Attorney William D. Weinreb. “According to the allegations in today’s settlement agreement, UT understood that the third-party foundation used UT’s money to cover the co-pays of patients taking UT drugs. UT’s payments to the foundation were not charity for PAH patients generally, but rather were a way to funnel money to patients taking UT drugs. The Anti-Kickback Statute exists to protect Medicare, and the taxpayers who fund it, from schemes like these that leave Medicare holding the bag for the costs of expensive drugs.”
“While we support efforts to provide patients with access to needed medications, such assistance must comply with federal law. Today’s settlement shows that the government will hold accountable drug companies that attempt to use illegal kickbacks to defeat mechanisms Congress designed to act as a check on drug pricing and healthcare costs,” said Principal Deputy Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.
UT also has entered into a corporate integrity agreement (CIA) with the Department of Health and Human Services Office of Inspector General (HHS-OIG). The five-year CIA requires, among other things, that UT implement measures designed to ensure that arrangements and interactions with third-party patient assistance programs are compliant with the law. In addition, the CIA requires reviews by an independent review organization, compliance-related certifications from company executives and Board members, and the implementation of a risk assessment and mitigation process.
“Our corporate integrity agreement requires United Therapeutics to implement controls and monitoring designed to promote true independence from any patient assistance programs to which it donates,” said Gregory E. Demske, Chief Counsel to the Inspector General for the United States Department of Health and Human Services. “Without true independence, a drug company can use a foundation as a conduit for improper payments that expose the taxpayer-funded Medicare program to the risk of abuse.”
Acting U.S. Attorney Weinreb, Acting Assistant Attorney General Readler, and HHS- OIG Chief Counsel Demske made the announcement today. This matter was investigated by HHS-OIG, the Federal Bureau of Investigation, the United States Postal Inspection Service, and the United States Department of Veterans Affairs Office of Inspector General, and was handled by Assistant U.S. Attorneys Gregg Shapiro, Abraham George, and Deana El-Mallawany of Weinreb’s Office, and by Trial Attorneys Augustine Ripa and Sarah Arni of the Justice Department’s Civil Division.
Two Men Sentenced to Federal Prison for Fraud and Impersonating Immigration OfficialsRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake announced today that Michael Ruiz, age 53, and James Mondell, age 55, both of Greenville, South Carolina, were sentenced by Senior United States District Judge Henry M. Herlong, Jr. Ruiz was sentenced to a term of incarceration of 160 months to be followed by 3 years of Supervised Release. He was additionally ordered to pay $54,894.00 in restitution. Mondell was sentenced to a term of incarceration of 40 months to be followed by 3 years of Supervised Release. He was additionally ordered to pay $3,000.00 in restitution.
Both defendants entered pleas of guilty on September 20, 2017. The facts, presented at the guilty plea hearing by Assistant United States Attorney David C. Stephens, established that Ruiz devised a scheme in which he pretended to be an Immigration Official and offered to take care of illegal aliens’ immigration problems in exchange for a fee. A number of aliens agreed to pay Ruiz such fees for his services. Ruiz did absolutely nothing for these aliens, however, he demanded more and more money ultimately threatening to have them deported if he did not receive further payments. Additionally, Ruiz told one alien that he could have his family in Guatemala enter the United States and gain legal status in exchange for a fee. This led to numerous international telephone calls which are the basis for the wire fraud charges. Mondell played a lesser role in the offense. Ruiz would have Mondell with him when he met with the aliens and due to Mondell’s size his presence alone served to intimidate the victims. Additionally, Mondell was involved in handling the payments which were often in the form of money orders which Mondell would cash for Ruiz.
United States Attorney Drake further stated that in addition each defendant received a further term of incarceration due to the fact that their offenses had been committed while they were already on Supervised Release for other crimes. Ruiz received 24 months to be served consecutively to the 160 months referenced above. Mondell received 27 months to be served consecutively to the 40 months referenced above.
This case was investigated by agents of ICE-Homeland Security Investigations. Assistant United States Attorney David Stephens, of the Greenville office, prosecuted the case.
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Two Defendants Plead Guilty in Multimillion Dollar Prize Promotion Scams Targeting Elderly VictimsRead the Press Release
Two individuals who ran multimillion dollar prize promotion scams entered guilty pleas Dec. 12 in federal court in Las Vegas, Nevada, the Department of Justice announced.
Glen Burke, 57, of Las Vegas, pleaded guilty to contempt and conspiracy charges arising from his operation of two predatory schemes that defrauded thousands of victims, many of whom were elderly, out of more than $20 million. Burke conducted those fraudulent campaigns in violation of a 1998 court order obtained by the Federal Trade Commission (FTC) permanently banning him from telemarketing and making misrepresentations to consumers. A co-defendant, Michael Rossi, 52, also of Las Vegas, also pleaded guilty in connection with one of Burke’s schemes.
“The Department of Justice is determined to punish the perpetrators of fraudulent schemes that exploit consumers, especially those that target the elderly or vulnerable,” said Acting Assistant Attorney General Chad Readler of the Justice Department’s Civil Division. “We will work with our partners at the FTC and the U.S. Postal Inspection Service to eradicate schemes that harm the elderly wherever we find them.”
Burke pleaded guilty to contempt for violating the court order prohibiting him from making misrepresentations to consumers. That charge stemmed from Burke running a mass-mailing operation that misled consumers into believing that they had won large cash prizes, often millions of dollars. Burke specifically mailed consumers solicitations that used fake names and, in many cases, looked like they came from law firms or financial institutions, advising consumers to pay a fee – usually $20 to $30 –to claim their promised winnings. Once consumers paid, however, Burke never sent any consumer a promised prize.
Burke, along with Rossi, also pleaded guilty to conspiracy to commit mail and wire fraud for running a fraudulent telemarketing operation. Telemarketers working for Burke and Rossi falsely told victims that they had won one of five valuable prizes, typically: a Chevy Camaro; a Boston Whaler boat; a diamond-and-sapphire bracelet; $3,000 cash; or a cruise that could be exchanged for $2,300. To claim the prize, consumers were told to pay hundreds, or in some cases thousands, of dollars. Once they paid, victims received a nearly worthless piece of costume jewelry or nothing at all.
Sentencing is scheduled on March 12, 2018. Under the contempt statute, Burke could be sentenced to any term of imprisonment and fine. Under the conspiracy statute, Burke and Rossi face a potential maximum sentence of 20 years in prison and a $250,000 fine. The court has the discretion to impose a lower sentence.
Principal Deputy Assistant Attorney General Readler commended the investigative efforts of the U.S. Postal Inspection Service and thanked the FTC for its valuable assistance. The case was prosecuted by Trial Attorneys Timothy Finley and Daniel Zytnick of the Consumer Protection Branch of the Department of Justice’s Civil Division and Assistant U.S. Attorney Nicholas Dickinson of the District of Nevada.
Two California Men Charged in Large-Scale Opioid Distribution RingRead the Press Release
NOTE: Charges against Stephan Durham were dismissed by court order on Jan. 29, 2018.
NEWARK, N.J. – Two California men were arrested today for their alleged roles in a large-scale opioid distribution conspiracy that involved the shipment of at least 500,000 fentanyl pills to New Jersey, Acting U.S. Attorney William E. Fitzpatrick announced.
Andrew Tablack, 26, of Beverly Hills, California, and Stephan Durham, 43, of Altadena, California, were both charged by complaint with one count of conspiracy to distribute and possess with intent to distribute 400 grams or more of cyclopropyl fentanyl. Tablack is also charged with distribution of 400 grams or more of cyclopropyl fentanyl. Both defendants were arrested this morning and appeared this afternoon before U.S. Magistrate Judge Patrick J. Walsh in Los Angeles federal court.
According to the complaint:
Beginning in August 2017, the Drug Enforcement Administration began an investigation into the distribution of fentanyl in the Monmouth County, New Jersey, area. Agents executed a search warrant at a Monmouth County residence that resulted in the seizure of a substantial quantity of controlled substances, including approximately 300,000 cyclopropyl fentanyl pills that allegedly had been shipped by Tablack to New Jersey. Tablack and his customers across the United States, including New Jersey, allegedly used the Dark Web – a part of the internet that is not accessible without specific software – to arrange shipments of quantities of cyclopropyl fentanyl to various places throughout the country. Tablack also used end-to-end encrypted communication applications to take orders for fentanyl from customers in New Jersey.
The New Jersey customers allegedly provided Tablack with residential addresses in Monmouth County to which the packages of fentanyl could be mailed and arranged to intercept the packages before they were delivered. Customers paid Tablack with Bitcoin, a form of cryptocurrency that is increasingly common in the narcotics trade due to its relative anonymity.
One such set of packages, mailed by Tablack in September 2017, was intercepted by law enforcement when it reached New Jersey. When the packages were opened, agents found that they contained 226,520 cyclopropyl fentanyl pills that weighed nearly 20 kilograms.
Tablack allegedly maintained a pill production facility in California. Shipping records revealed that Tablack had purchased at least nine pill press machines that were shipped to an industrial building in California. Records showed that a company ostensibly run by Durham was registered as the lessee of that industrial property.
Tablack allegedly purchased quantities of fentanyl from a laboratory in China that shipped the packages disguised as food and beauty products. Law enforcement officers in California were able to intercept several additional packages sent from various parts of Asia bound for properties controlled by Tablack and Durham, including fentanyl and dies used to mark illicitly manufactured pills.
The charges carry a mandatory minimum penalty of 10 years in prison, a potential maximum penalty of life in prison, and a $10 million fine.
The government is represented by Assistant U.S. Attorney Tazneen Shahabuddin of the U.S. Attorney’s Office General Crimes Unit in Newark.
Acting U.S. Attorney Fitzpatrick credited the special agents of DEA in Newark, under the direction of Special Agent in Charge Valerie Nickerson; special agents of DEA in Los Angeles, under the direction of Special Agent in Charge David Downing; the U.S. Department of Homeland Security (DHS), Homeland Security Investigation’s (HSI) Newark Division, under the direction of Acting Special Agent in Charge Michael McCarthy; DHS-HSI, Los Angeles Division, under the direction of Special Agent in Charge Joseph Macias; inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Joseph W. Cronin; and special agents of the U.S. Postal Service Office of Inspector General, under the direction of Acting Special Agent in Charge Kenneth Cleevely, Eastern Area Field Office, with the investigation leading to the charges.
The charges and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Two Brothers Sentenced for Attempted Extortion and Embezzlement of Suboxone ClinicRead the Press Release
BOSTON – Two Taunton brothers were sentenced yesterday in connection with attempting to extort and threaten violence against the co-owner of a suboxone clinic in Quincy as well as embezzling money from the clinic.
David Tkhilaishvili, 36, and Jambulat Tkhilaishvili, 46, were sentenced by U.S. District Court Senior Judge Douglas P. Woodlock to three years and 18 months in prison, respectively. Both were sentenced to three years of supervised release. David Tkhilaishvili was also ordered to pay restitution of $3,500. In May 2017, following a five-day trial, a federal jury convicted the brothers of one count of conspiring to extort and one count of attempted extortion. David Tkhilaishvili was also convicted of two counts of embezzlement.
In 2014, the brothers approached the co-owner of a Quincy suboxone clinic and asked him to invest in a new suboxone clinic. The defendants claimed to have many years of experience in running medical clinics, including suboxone clinics. To convince the victim to invest, the defendants promised to repay the victim 50% of his investment in the clinic within five years if the business failed, with 5% interest per year in the event that the victim did not recover his investment in the clinic.
In December 2014, the victim agreed to invest in the clinic and, because of the size of his investment, insisted upon significant contractual protections, including that he would have full decision making authority over matters involving the clinic. The defendants agreed; however, shortly thereafter, the defendants began to demand that the victim surrender his ownership interest and, on multiple occasions, threatened him and his family with physical injury. One of the defendants told the victim that he had made nine people and their families, who had a problem with him in the past, disappear. Both defendants claimed to live the life of outlaws who associated with thieves. In addition, both of the defendants threatened physical harm to the victim and his family and to burn down the clinic if the victim did not comply with their demands. Furthermore, David Tkhilaishvili embezzled approximately $3,500 from the clinic.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. Assistant U.S. Attorney Laura J. Kaplan of Weinreb’s Organized Crime and Gang Unit prosecuted the case.
Towing Titan Gasper Fiore Pleads Guilty to BriberyRead the Press Release
The owner of multiple towing companies in southeast Michigan, Gasper Fiore, 57, of Grosse Pointe Shores, pleaded guilty today to conspiring to commit bribery, in connection with a municipal towing contract in Clinton Township, Acting United States Attorney Daniel L. Lemisch announced today.
Lemisch was joined in the announcement by David P. Gelios, Special Agent In Charge of the Detroit Field Office of the Federal Bureau of Investigation and Manny Muriel, Special Agent in Charge of the Detroit Field Office of the Internal Revenue Service.
Fiore admitted at the plea hearing that he conspired to pay bribes to Clinton Township Trustee Dean Reynolds in order to obtain a municipal towing contract with the township. Fiore admitted to giving Reynolds cash bribes of $4,000 and $3,000 in March and May of 2016 in order to buy Reynolds’ vote to select Fiore’s company to receive the Clinton Township towing contract. Fiore paid the bribes to Reynolds through Charles B. Rizzo, who was cooperating with federal law enforcement at the time of the bribe payments. Rizzo is the former Chief Executive Officer of Rizzo Environmental Services, and Rizzo pleaded guilty to bribery and embezzlement charges on November 9, 2017.
The bribery conspiracy charge to which Fiore pled guilty carries a maximum sentence of 5 years imprisonment and a fine of $250,000.
Acting United States Attorney Lemisch said, “Today’s guilty plea is a significant blow to corruption in southeast Michigan. Bribery subverts representative government, and this conviction demonstrates that such conduct, by either public officials or bribe payers, will not be tolerated.”
"Today's guilty plea should reassure citizens that those who endeavor to entice public officials through bribery and kickback schemes can count on encountering the formidable investigative resources of the FBI and our partners, and will be held to account for their corrupt practices", said Special Agent in Charge David P. Gelios, Detroit Division of the FBI.
A sentencing date has been set for May 1, 2018.
This case is part of the government’s wide-ranging corruption investigation centered in Macomb County, Michigan. The investigation of this case was conducted by the Federal Bureau of Investigation and the Internal Revenue Service. The case is being prosecuted by Assistant U.S. Attorneys David A. Gardey, R. Michael Bullotta, and Adriana Dydell.
Three indicted on immigration-related offensesRead the Press Release
Three people were indicted in federal court for immigration offenses, said U.S. Attorney Justin E. Herdman.
Martha Buendia-Chavarria, 43, of Mexico, was indicted on charges of possession with intent to transfer false identity documents, possession of document-making implements and authentication features, making a false statement or claim regarding citizenship in order to obtain a benefit and aggravated identity theft.
Jorge Fabian Rubio-Gonzales, 29, of Mexico, was charged with illegal re-entry into the U.S. following deportation.
Eliazar Lopez-Bravo, 48, of Marion, was indicted on charges of possession with intent to use unlawfully or unlawfully transfer five or more identification document or false identification documents.
The cases are all being prosecuted by Assistant U.S. Attorney Noah P. Hood following investigations by the Department of Homeland Security, Customs and Border Protection, in Sandusky and the Department of Homeland Security, U.S. Immigration and Customs Enforcement, in Detroit.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Three Gang Members Indicted in Federal CourtRead the Press Release
BOISE – A federal grand jury indicted three members of the Norteno gang for federal firearms charges, U.S. Attorney Bart M. Davis announced.
The indicted defendants are Peter Albert Rodriguez, 27, of Nampa; Fabian Gonzalez, 26, of Caldwell; and Roy Benitez, 25, of Caldwell. All were indicted on December 12 and 13, 2017. Rodriguez is charged with two counts of unlawful possession of a firearm. Gonzalez is charged with unlawful dealing in firearms and possession of an unregistered firearm. Benitez is charged with possession of an unregistered firearm.
All three defendants were arrested yesterday.
The charge of unlawful possession of a firearm is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release. The charge of possession of an unregistered firearm is punishable by up to ten years in prison, a maximum fine of $250,000, and up to three years of supervised release. The charge of unlawful dealing in firearms is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
“Deterrence is about fear of consequences,” said Davis. “We want criminals to fear the consequences of committing crimes. The rise in violent crime can be suppressed when law enforcement agencies, as was the case here, work together to disrupt and dismantle criminal gangs and those that foment violence.”
“Those members of the criminal element that illegally possess and use firearms are demonstrating their contempt for the personal safety and wellbeing of the public,” said Special Agent in Charge Darek Pleasants of the Seattle Field Division. “ATF is committed to partnering with our law enforcement partners to ensure the safety of the public.”
“For Mr. Gonzalez to willingly operate outside of the established parameters of lawful commerce in firearms puts the people of the Treasure Valley at risk,” continued Pleasants. “Combating that risk remains a top priority to ATF.”
The indictments are the result of an investigation and enforcement operation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the United States Marshals Service; the Drug Enforcement Administration; the Department of Homeland Security, Immigration and Customs Enforcement, Homeland Security Investigations; the Idaho Department of Corrections Office of Probation and Parole; the Canyon County Sheriff’s Office; the Nampa City Police Department; the Caldwell City Police Department; and the Boise City Police Department.
The charges are being prosecuted by the Special Assistant U.S. Attorney hired by the Treasure Valley Partnership, the Canyon County Prosecuting Attorney’s Office and the State of Idaho to address gang crimes. The Treasure Valley Partnership is comprised of a group of elected officials in southwest Idaho dedicated to regional coordination, cooperation, and collaboration on creating coherent regional growth. For more information, visit treasurevalleypartners.org.
An indictment is a means of charging a person with criminal activity. It is not evidence. A person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Three Florida Men Sentenced to Life Imprisonment and Fined $2 Million for Trafficking Methamphetamine from California to Florida and GeorgiaRead the Press Release
Ft. Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Brown Laster, Jr. (37, Tampa), Jerry Browdy (44, Riverview, FL), and Wesley Petiphar (30, Davenport) each to life in federal prison for conspiracy to distribute more than 500 grams of methamphetamine. The Court also ordered Browdy to forfeit $106,060 and Petiphar to forfeit $22,400, which are traceable to the proceeds of the offense. As part of their sentences, the Court imposed a fine of $1 million for Laster and $500,000 each for Browdy and Petiphar.
A federal jury found the individuals guilty on July 28, 2017.
According to testimony and evidence presented at trial, Laster, Browdy, and Petiphar were part of a conspiracy to ship kilograms of methamphetamine from Sacramento, California to various hotels in Florida and Georgia via Federal Express.
The evidence showed that, throughout 2015, the men had sent approximately 40 packages of methamphetamine through the mail per week. The packages were delivered to co-conspirators who had been recruited to wait at the hotels for the packages of methamphetamine to arrive. The packages were then delivered to local drug traffickers. In addition, witness testimony revealed that the men enforced the conspiracy through violence, including one incident where a cooperating witness had a gun placed in his mouth with such force that the gun knocked out some of his front teeth.
This case was investigated by the Drug Enforcement Administration, with assistance from the Lee County Sheriff’s Office, the Charlotte County Sheriff’s Office, the Okeechobee County Sheriff’s Office, the Lowndes County Sheriff’s Office (Georgia), the Placer County Sheriff’s Office (California), the Lakeland Police Department, and the Miami-Dade Police Department. It was prosecuted by Assistant United States Attorneys Dan Baeza and Mike Leeman.
The U.S. Attorney's Office recognizes employees for outstanding work in 2017Read the Press Release
The United States Attorney’s Office for the Northern District of Ohio this month presented awards to honor outstanding advocacy, support and legal work on behalf of the district’s six million residents.
“These awards recognize the best efforts put forth by our office on behalf of the citizens,” said U.S. Attorney Justin Herdman. “Whether it’s combating violent crime, protecting taxpayers, trying to curb the tide of the opioid epidemic, just to name a few, these employees embody the best of public service.”
Details of the award winners are below:
AUSA of the Year: Kelly Galvin
Kelly Galvin personally helped making Norther Ohio safer in 2017 through several trials and prosecutions focused on violent firearms crimes. She was the lead prosecutor against five defendants – four of whom were members of the Heartless Felons gang – targeted random strangers for a series of carjackings in the Tremont neighborhood. The five defendants were sentenced collectively to more 130 years in prison. Galvin also successfully prosecuted a man who took a woman to the Cuyahoga Valley National Park and shot her in the head, leaving her for dead. She somehow survived but is now blind. That defendant is serving life in prison.
Support of the Year: Jennifer Borrowman
Jennifer Borrowman is honored for her unwavering dedication of the U.S. Attorney’s Office. Borrowman took over as supervisory legal assistant for the Criminal Division this year, with a twice-a-decade office audit looming and while still doing parts of her previous job while her replacement was waiting for her security clearance to be approved. Her professionalism is superior.
Bill Edwards Career Award: Ann Rowland
Ann Rowland will retire in January after 37 years at the U.S. Attorney’s Office, making her the longest-serving attorney in the history of the office. She has served the office with distinction as chief of the Strike Force Unit, chief of the White Collar Crime Unit and deputy chief of the Criminal Division. She has served on countless committees and working groups to improve the judicial process and criminal justice system. The high-profile cases she has handled in her career include the prosecutions of Anthony Liberatore, a high-ranking member of La Costa Nostra; several supervisors in the Cleveland Water Department, and Jimmy Dimora, Frank Russo and more than 60 other people involved in a public corruption network focused on Cuyahoga County.
Bill Edwards Career Award: Roberta Sladick
Roberta Sladick has served as secretary to the United States Attorney for more than a dozen years, starting with Greg White. Sladick serves not only as gatekeeper to the U.S. Attorney, but also confidant, counselor, friend and sometimes life coach to each. Bobbi started her federal career as a clerk-stenographer with the Defense Contract Audit Agency in 1978. Two years later, she transferred to our office as a clerk-stenographer in the Civil Division. In 1985, Bobbi was promoted to secretary to the First Assistant U.S. Attorney and held that position for 20 years until becoming secretary to the U.S. Attorney. Over the course of 32 years with our office, Bobbi Sladick has been a bedrock of the office.
Professionalism Award: Robert Bulford
Robert Bulford is the consummate professional, liked and respected by both the bench and the bar. He works almost around the clock in the Akron office and is always available with advice on legal questions and life questions. Fellow Assistant U.S. Attorneys and law enforcement agents have come to rely on Bulford for real-world, practical advice for the past 28 years in the office, as well as nine years in Summit County Prosecutor’s Office.
Bernard A. Smith Excellence in Appellate Advocacy: Laura Ford
Laura Ford has addressed every manner of federal prosecution, and this year has successfully handled appeals stemming from several multi-week, complex fraud, bribery and money laundering trials, including U.S. v. Bartoli, U.S. v. Epps, U.S. v. Jackson and U.S. v. Selgjekaj. These trials were complicated for the prosecutors and agents who spent years working on them, but Ford quickly digested the information and expertly addressed all of the appellate issues raised by those defendants – with a 100 percent success rate.
Excellence in Criminal Advocacy: Carol Skutnik and Brian McDonough
Carol Skutnik and Brian McDonough are honored for their work prosecuting U.S. v. Rydze, et al., in which six people were convicted of charges involving health care fraud, drug trafficking, and money laundering offenses. One of those defendants was Dr. Richard Rydze, a prominent doctor in the Pittsburgh area who, among other duties, served as team physician for the Pittsburgh Steelers. Following a five-month trial which required Skutnik and McDonough to move to Pittsburgh and miss numerous holidays, birthdays, school and family events, Rydze was convicted of illegally dispensing controlled substances, including human growth hormone and opioids.
Excellence in Civil Advocacy: James Bennett and Erin Brizius
James Bennett and Erin Brizius are recognized for their expert and professional handling of the difficult medical malpractice case involving the VA Hospital in Cleveland. A man went to the hospital complaining of chest pain, arm pain and shortness of breath. He was discharged but -- before exiting the building -- suffered a heart attack and fell, hitting his head. His injuries were catastrophic. Bennett and Brizius expertly investigated this case, conducted extensive discovery, worked with several expert witnesses and negotiated a resolution of this complex case.
Excellence in Criminal Support: Sue Chandler
Sue Chandler demonstrated tremendous dedication and self-sacrifice this year. She was the lone paralegal supporting the prosecution team in U.S. v. Rydze. She kept track of thousands of exhibits that took up a full room in Cleveland and another full room in Pittsburgh. The exhibits were loaded into the office’s computer system, redacted to protect each patient’s private information and then expertly called up and displayed at trial. All of that was the responsibility of one person – Sue Chandler. Ever ready with some candy to support the troops and an exceptional amount of good attitude and funny stories, Sue not only brought the records and evidence, she brought the cheer. Trials are difficult enough, but a five-month trial away from home when you’re living out of a hotel and away from family, keeping up that positive attitude is one of the reasons she was so very important to the success of the trial.
Excellence in Civil Support : Debra Schoch
Schoch is recognized for her constant and professional commitment to the Civil Division. Schoch supported between five and seven attorneys this year, filled in for anyone who needed help or was on leave, and continued to mentor and assist other legal assistants in any area in which they needed assistance. She also assisted the high-volume area of Medicare cases and assisted in establishing and implementing best practices for the unit. Schoch’s professionalism, knowledge, efficiency, and helpful attitude are greatly appreciated by all who work with her.
Excellence in Administrative Support: Susan Frank
Susan Frank is honored for her work as Lead Administrative Services Specialist. She has been heavy involved with major projects such as the office library reduction, and developing and initiating movement of shipping and receiving. Frank served as the point person in the office’s relations with GSA. She set up bi-weekly meeting with GSA to ensure any issues were being addressed and ensuring projects were completed in a timely manner.
The Department of Justice Announces Unprecedented Award to Police Executives and Unions to Create A Technical Assistance CenterRead the Press Release
The Department of Justice today announced a new $7 million award under the Office of Community Oriented Policing Services’ (COPS Office) Collaborative Reform Initiative for Technical Assistance. The award is to the International Association of Chiefs of Police (IACP), a nonprofit membership organization with 30,000 members in more than 150 countries that serves all ranks at the state, local, territorial, tribal, campus, and federal levels. IACP will be partnering with other prominent law enforcement stakeholder associations to create the Collaborative Reform Initiative Technical Assistance Center (CRI-TAC).
“This award embodies a field-driven vision for the Collaborative Reform Initiative and incorporates changes that I know are critically important to law enforcement,” said Attorney General Jeff Sessions. “Today’s announcement is part of a course correction that ensures that the Department’s Collaborative Reform Initiative will provide technical assistance to law enforcement agencies based on their own needs, not those dictated by the federal government.”
For the first time, police chiefs, unions and other law enforcement organizations will come together to provide tailored technical assistance to local policing agencies. While the award will go to IACP, there is a historic and unprecedented coalition represented by the law enforcement associations formally involved in the project:
- Federal Bureau of Investigation National Academy Associates (FBINAA)
- Fraternal Order of Police (FOP)
- International Association of Campus Law Enforcement Administrators (IACLEA)
- International Association of Directors of Law Enforcement Standards and Training (IADLEST)
- Major Cities Chiefs Association (MCCA)
- National Association of Women Law Enforcement Executives (NAWLEE)
- National Tactical Officers Association (NTOA)
“The IACP and the Fraternal Order of Police, along with six leading law enforcement leadership and labor organizations, will bring together our collective experience, subject matter expertise, and unparalleled reach in the field to build and deliver comprehensive technical assistance, informed by cutting-edge innovation and promising practices, that embraces a collaborative, supportive approach to serving law enforcement and the communities they are sworn to protect,” said IACP President Louis M. Dekmar, Chief of the LaGrange, Georgia, Police Department.
“The FOP is very pleased to partner with the IACP and the U.S. Department of Justice on the Collaborative Reform Initiative,” said Chuck Canterbury, National President of the Fraternal Order of Police. “Our members have a great deal of knowledge and experience from their own work in our streets and communities. Together, we can put this information and training to work to benefit all of our colleagues around the nation.”
“The Major Cities Chiefs Association has been very engaged in the discussion with the Department of Justice on revamping the entire collaborative reform process,” said Montgomery County, Maryland Police Chief Tom Manger. We look forward to a meaningful continued role in implementing this vision alongside colleagues from many other law enforcement groups.”
This partnership brings together the nation’s public safety leaders and will touch nearly every sector of the law enforcement field. Through the combined membership of over 420,000, the CRI-TAC will provide subject matter expertise; share resources and training materials for use in technical assistance delivery; and contribute to outreach, marketing, and membership engagement. Today’s award follows an earlier announcement from the COPS Office regarding significant changes to the Collaborative Reform Initiative to provide technical assistance and support “by the field, for the field.”
The Collaborative Reform Initiative provides critical and tailored technical assistance resources to state, local, territorial, and tribal law enforcement agencies on a wide variety of topics. Through the program, agencies receive technical assistance from leading experts in a range of public safety, crime reduction, and community policing topics. Law enforcement agencies that are interested in receiving technical assistance through the Collaborative Reform Initiative should visit the COPS Office website at https://cops.usdoj.gov/collaborativereform.
The COPS Office awards grants to hire community policing officers, develop and test innovative policing strategies, and provide training and technical assistance to community members, local government leaders, and all levels of law enforcement. Since 1994, the COPS Office has invested more than $14 billion to help advance community policing.
Texas Man Pleads Guilty to Making False Statements in Relation to Blowout Preventer Testing on Oil Platform in Gulf of MexicoRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that KENNETH JOHNS, age 46, of Rosharon, Texas, pled guilty today to making false statements in relation to the veracity of blowout preventer testing on an offshore oil and gas platform located at Ship Shoal 225 positioned on a federal mineral lease in the Gulf of Mexico. Specifically, JOHNS pled guilty to one count of making false statements to the Bureau of Safety and Environmental Enforcement’s (BSEE) Safety and Incident Investigation Division (SIID) of the United States Department of Interior.
According to court documents, on or about November 27, 2012, production and well workover operations were being conducted on the platform and the blowout preventer system had to be tested. A blowout preventer system is designed to ensure well control and prevent potential release of oil and gas and possible loss of well control.
On or about November 28, 2012, JOHNS and another worker created a false blowout preventer test. The next day when BSEE inspectors conducted a routine compliance inspection of the platform, the fabricated blowout preventer pressure test chart was presented to the BSEE inspectors with the expectation that it would be a passing test and the inspectors would not find the platform to be in non-compliance for failing to properly test the blowout preventer system. JOHNS signed the fabricated pressure chart and a schematic of the testing sequence as if he had actually been involved in the BOP testing.
During subsequent investigation of the veracity of the blowout preventer test by the Department of Interior, JOHNS lied and told investigators the BOP chart with his signature was pre-signed and that he had been testing a pump when he made the chart.
JOHNS faces a maximum term of imprisonment of five years per count and/or a maximum fine of $250,000 per count. U.S. District Judge Nannette Jolivette Brown set sentencing for March 22, 2018.
Acting U.S. Attorney Evans praised the work of the Department of Interior-Office of Inspector General (Energy Investigations Unit) with assistance from BSEE, and the Environmental Protection Agency-Criminal Investigation Division in investigating this matter. Assistant United States Attorney Emily K. Greenfield of the United States Attorney’s Office’s National Security Unit is in charge of the prosecution.
Stratford Man Sentenced to 30 Months in Prison for Distributing Heroin Involved in Overdose DeathRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that RAYMOND J. GORDON, also known as “X-RAY,” 30, of Stratford, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 30 months of imprisonment, followed by five years of supervised release, for distributing heroin involved in an overdose death last year.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on December 10, 2016, Stratford Police and emergency medical personnel responded to a Stratford residence after receiving a report of an unresponsive 22-year-old female. The female, who was in her bedroom, was pronounced deceased. Responding officers collected wax folds containing suspected heroin, a hypodermic needle and other drug paraphernalia from the bedroom. Investigators also seized the victim’s cellphone. The investigation revealed that the victim purchased heroin from GORDON shortly before she died.
GORDON has been detained since his arrest on May 16, 2017. On August 29, he pleaded guilty to one count of distribution of heroin.
This matter was investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area Task Force and the Stratford Police Department. The task force includes personnel from the Bridgeport, Milford, Norwalk, Stamford and Stratford Police Departments, and the Connecticut State Police. The case was prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Southaven Alderman Indicted for Transportation of Child PornographyRead the Press Release
Oxford, Miss. – Ronald W. Hale, an Alderman for the City of Southaven, Miss. has been charged with transportation of child pornography, announced United States Attorney for the Northern District of Mississippi William C. Lamar, Special Agent in Charge of the FBI in Mississippi Christopher Freeze, and DeSoto County Sheriff Bill Rasco.
Hale, age 57, was charged in a one count indictment for violating Title 18, United States Code, Sections 2252 (1)(a), which charges that he knowingly used a means of interstate or foreign commerce to transport or ship a visual depiction involving a minor engaged in sexually explicit conduct.
Hale surrendered to the United States Marshals Service, and made his initial appearance and arraignment in federal court on Wednesday. If convicted, he faces a maximum of 20 years in federal prison and a fine of up to $250,000.
The case is being investigated by the FBI Jackson Division’s Southaven Resident Agency and DeSoto County Sheriff’s Department, and is being prosecuted by the United States Attorney’s Office for the Northern District of Mississippi. The Southaven Police Department also assisted with the investigation.
The public is reminded that, as in any criminal case, a person is presumed innocent unless and until proven guilty in a court of law. The charges filed merely contain allegations of criminal conduct.
Shelton Man Pleads Guilty to Defrauding Owner of Stamford Ice Skating RinkRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that MARK J. ZITO, 55, of Shelton, waived his right to be indicted and pleaded guilty today before Chief U.S. District Judge Janet C. Hall in New Haven to one count of wire fraud.
According to court documents and statements made in court, from October 1999 to August 2014, ZITO was the general manager of Stamford Twin Rinks, an ice skating facility in Stamford. The facility is owned and operated by RivCan Associates, LLC (“RivCan”). ZITO was responsible for managing and overseeing the ice skating facility’s operations, and he had a written contract with RivCan in which he would be paid commissions for securing agreements from third party vendors to place advertising at the ice skating facility. ZITO created and utilized AAZ Consulting, an unincorporated entity controlled by him, to bill RivCan for these commissions.
During his employment, ZITO submitted to RivCan numerous fraudulent invoices, primarily for services that RivCan neither requested nor authorized, or for commissions that were either fraudulent or grossly inflated. As general manager, ZITO approved the payment of these invoices and directed his subordinates to issue him checks payable to AAZ Consulting.
The total loss from ZITO’s illegal conduct is $490,468.81, which also includes funds he received by claiming payments for purportedly maintaining and updating the skating rink facility’s internet website, and through unauthorized benefits in the form of excess salary payments, excess vacation pay, and cellular telephone reimbursements.
Chief Judge Hall scheduled sentencing for March 19, 2018, at which time ZITO faces a maximum term of imprisonment of 20 years. ZITO is released on bond pending sentencing.
This matter has been investigated by the U.S. Secret Service, Stamford Police Department, Connecticut State Police, and Connecticut Financial Crimes Task Force. The case is being prosecuted by Assistant U.S. Attorney Hal Chen.
Settlement Requires Clean Air Act Compliance at ArcelorMittal Monessen Coke PlantRead the Press Release
The United States and the Commonwealth of Pennsylvania have settled a federal court case against ArcelorMittal Monessen LLC (AMM), involving alleged Clean Air Act violations at AMM’s coke (purified coal) plant in Monessen, Pennsylvania.
The proposed consent decree, filed in U.S. District Court in Pittsburgh, resolves a joint federal-state complaint against AMM, which is a subsidiary of ArcelorMittal, the world’s largest steel making company.
Under the settlement, AMM will pay a $1.5 million penalty divided equally between the U.S. and Pennsylvania, and implement an estimated $2 million in air pollution controls to limit particulate and sulfur compound emissions.
“This settlement will reduce harmful air pollutants, benefiting the health and environment of residents around the Monessen coke plant,” said Acting Assistant Attorney General Jeffrey H. Wood for the Environment and Natural Resources Division of the Department of Justice. “The Department of Justice will continue to work with the EPA and other federal and state agencies to ensure that companies comply with the Clean Air Act.”
“This settlement demonstrates how EPA can work with our state partners to implement the Clean Air Act to reduce harmful air pollutants in communities,” said EPA Mid-Atlantic Regional Administrator Cosmo Servidio. “Because of the Act, Americans breathe less pollution and face lower risks of premature death and other serious health effects.”
“Through aggressive enforcement of the Clean Air Act, the Department of Justice, EPA, and the Commonwealth of Pennsylvania have brought relief to the residents of Monessen and the surrounding communities,” said Acting United States Attorney Soo C. Song for the Western District of Pennsylvania. “In addition to paying a significant civil penalty, AMM will invest in pollution-control measures designed to bring the company back into compliance with the Clean Air Act.”
The complaint alleges Clean Air Act violations based on inspections by the U.S. Environmental Protection Agency and the Pennsylvania Department of Environmental Protection, as well as follow-up requests for information. The alleged violations include excessive emissions of particulate matter from industrial operations.
Particulate matter emissions include microscopic solids or liquid droplets that can cause serious health problems when inhaled, particularly impacting children, the elderly, and those suffering from respiratory problems.
The proposed consent decree, available for review at https://www.justice.gov/enrd/consent-decrees, is subject to a 30-day public comment period and final court approval.
Settlement Requires Clean Air Act Compliance at ArcelorMittal Monessen Coke PlantRead the Press Release
The United States and the Commonwealth of Pennsylvania have settled a federal court case against ArcelorMittal Monessen LLC (AMM), involving alleged Clean Air Act violations at AMM’s coke (purified coal) plant in Monessen, Pennsylvania.
The proposed consent decree, filed in U.S. District Court in Pittsburgh, resolves a joint federal-state complaint against AMM, which is a subsidiary of ArcelorMittal, the world’s largest steel making company.
Under the settlement, AMM will pay a $1.5 million penalty divided equally between the U.S. and Pennsylvania, and implement an estimated $2 million in air pollution controls to limit particulate and sulfur compound emissions.
“This settlement will reduce harmful air pollutants, benefiting the health and environment of residents around the Monessen coke plant,” said Acting Assistant Attorney General Jeffrey H. Wood for the Environment and Natural Resources Division of the Department of Justice. “The Department of Justice will continue to work with the EPA and other federal and state agencies to ensure that companies comply with the Clean Air Act.”
“This settlement demonstrates how EPA can work with our state partners to implement the Clean Air Act to reduce harmful air pollutants in communities,” said EPA Mid-Atlantic Regional Administrator Cosmo Servidio. “Because of the Act, Americans breathe less pollution and face lower risks of premature death and other serious health effects.”
“Through aggressive enforcement of the Clean Air Act, the Department of Justice, EPA, and the Commonwealth of Pennsylvania have brought relief to the residents of Monessen and the surrounding communities,” said Acting United States Attorney Soo C. Song for the Western District of Pennsylvania. “In addition to paying a significant civil penalty, AMM will invest in pollution-control measures designed to bring the company back into compliance with the Clean Air Act.”
The complaint alleges Clean Air Act violations based on inspections by the U.S. Environmental Protection Agency and the Pennsylvania Department of Environmental Protection, as well as follow-up requests for information. The alleged violations include excessive emissions of particulate matter from industrial operations.
Particulate matter emissions include microscopic solids or liquid droplets that can cause serious health problems when inhaled, particularly impacting children, the elderly, and those suffering from respiratory problems.
The proposed consent decree, available for review at https://www.justice.gov/enrd/consent-decrees , is subject to a 30-day public comment period and final court approval.
Schuele Shooter Sentenced to Life in PrisonRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Roderick Arrington, a/k/a Ra-Ra, 37, of Buffalo, NY, who was convicted following a jury trial of racketeering conspiracy, murder-in-aid-of-racketeering, and related charges, was sentenced by U.S. District Judge Richard J. Arcara to consecutive sentences of life in prison. The defendant was also sentenced to 30 years in prison on two other firearm charges.Assistant U.S. Attorneys Wei Xiang and Paul Parisi, who tried the case, stated that Arrington, a member of the Schuele Boys Gang, killed Quincy Balance, a/k/a Shooter, at the intersection of Northland and Stevens on the East Side of Buffalo on August 30, 2012. Arrington and other Schuele Boys associates believed Balance was involved in the shooting murder of one of their associates on nearby Carl Street four days earlier. Arrington exacted vengeance by shooting Balance three times as Balance pleaded that he didn’t kill the deceased associate.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, was responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana. Arrington is one of 28 Schuele Boys Gang members and associates arrested in this case. To date, 27 of the 28 defendants arrested have been convicted.
“In accordance with the mandate set by President Trump and Attorney General Sessions to reduce violent crime and make our communities safer, this Office, working with our federal, state, and local partners, is methodically and systematically dismantling the gangs which have terrorized our communities and corrupted our youth for far too long,” said U.S. Attorney Kennedy. “Gang members beware, if you pull the trigger, then the bang that will ring in your ears forever will be that of the steel door slamming on the cell in the federal prison in which you will spend the rest of your life.”
The sentencing is the result of an investigation by the FBI Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; and the New York State Police, under the direction of Major Edward Kennedy. Additional assistance was provided by the Erie County District Attorney’s Office, under the direction of District Attorney John Flynn; the Edinboro University Police Department in Pennsylvania; the West Tennessee Judicial Drug Task Force; the City of McAllen, Texas Police Department; HSI Harlingen, Texas; and the FBI offices in Houston, Texas and Jackson, Mississippi.
San Jose Businesswoman Sentenced to Prison for High-Technology Worker Visa FraudRead the Press Release
SAN JOSE - San Jose businesswoman Sridevi Aiyaswamy was sentenced to 13 months in prison today as a result of her involvement in executing an H-1B visa fraud scheme, announced U.S. Attorney Brian J. Stretch and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan Spradlin. The sentence was handed down by the Honorable Lucy H. Koh, United States District Judge, after Aiyaswamy pleaded guilty to the crime on July 19, 2017.
According to her plea agreement, Aiyaswamy, 50, of San Jose, pleaded guilty to three counts of visa fraud. Aiyaswamy admitted that between April 2010 and June 2013 she made numerous false statements and submitted over 25 fraudulent documents to the United States Citizenship and Immigration Services (USCIS) to obtain H-1B non-immigrant classifications for skilled foreign workers. Acting as a petitioner on behalf of foreign worker beneficiaries, Aiyaswamy falsely represented in I-129 petitions that the foreign worker beneficiaries would be working at an information technology and networking company in San Jose, Calif. Aiayswamy further submitted counterfeit statements of work with forged signatures as back-up documentation to the I-129 petitions. In fact, at the time she submitted these documents to USCIS, Aiyaswamy knew that the statements regarding offers of work from the South Bay company for these beneficiaries were false statements, and that the company had not made any offers of employment regarding these individuals.
A federal grand jury indicted Aiyaswamy on December 3, 2015, charging her with 34 counts of visa fraud, in violation of 18 U.S.C. § 1546(a). Pursuant to her plea agreement, Aiyaswamy pleaded guilty to three of the counts of visa fraud and the remaining counts were dismissed.
In addition to the prison term, Judge Koh sentenced Aiyaswamy to a $10,000 fine and a three-year period of supervised release. Judge Koh ordered the defendant to self-surrender by on February 14, 2018.
Assistant U.S. Attorneys John Bostic and Jeff Nedrow are prosecuting the case with the aid of Mimi Lam, Laurie Worthen and Susan Kreider. The prosecution is the result of an investigation led by HSI. U.S. Citizenship and Immigration Service’s Office of Fraud Detection and National Security at the California Service Center and the San Francisco Field Office also assisted with the investigation.
Romanian Man Sentenced for His Role in Fraud SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-U.S. Attorney James P. Kennedy, Jr. announced today that Giovani Hornea, 21, of Romania, who was convicted of conspiracy to commit bank fraud, was sentenced to 38 months in prison by U.S. District Judge Richard J. Arcara. The defendant was also ordered to pay $156,266.30 in restitution.
Assistant U.S. Attorney Marie P. Grisanti, who handled the case, stated that between October 4, 2015, and November 14, 2015, the defendant conspired with co-defendants Nicolae Sarbu and his wife, Marinela Unguru-Ducila, and others to execute a scheme to defraud Bank of America.
The defendants used skimming devices and cameras on seven occasions at automated teller machines (ATM’s) in the Buffalo and Rochester areas as well as in the State of Pennsylvania. Bank account information and personal identification numbers (PIN’s) were recorded without the true account holder’s knowledge or authorization and then used to make unauthorized withdrawals of cash from the various ATM’s. A skimmer is a device used unlawfully to record bank account information from a customer’s debit card when the card is inserted into an ATM.
Nicolae Sarbu has been convicted and was sentenced to 25 months in prison. Marinela Unguru-Ducila was also convicted and sentenced to time served and one year supervised release.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Rocky River man was sentenced to more than two years in prison for laundering money from investorsRead the Press Release
A Rocky River man was sentenced to more than two years in prison for laundering money from investors and using at least some of it for personal expenses, said U.S. Attorney Justin E. Herdman and IRS Special Agent in Charge Ryan L. Korner.
Mark Dulik, 31, was sentenced to 27 months in prison and ordered to pay $1.1. million in restitution after previously pleading guilty to four counts of money laundering.
Dulik owned and operated Rework, Inc., based in Rocky River, which provided cloud-based software services. Dulik convinced several individuals to invest in Rework by convincing them that it was a legitimate, on-going business – when in fact Dulik converted the investors’ funds for his own personal use to pay for his lavish lifestyle, according to the court documents.
Investigators determined Dulik used new investors’ money to pay dividends/interest payments back to older investors, representing to the earlier investors that the money represented profits from the company, when in fact it operated more like a Ponzi scheme, according to court documents.
“This defendant mislead investors, causing pain and stress to his victims,” Herdman said.
“Behind every lie is a choice,” Korner said. “Mr. Dulik lied to his family, friends and business associates and his investment scheme had devastating effects on his victims.”
The matter is being prosecuted by Assistant U.S. Attorney Mark S. Bennett following an investigation by the Internal Revenue Service’s Criminal Investigation.
Rochester Man Sentenced Drug Trafficking and Gun Possession ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Robert Swinton, 42, of Rochester, NY, who was convicted after a jury trial in July 2017 of possession of cocaine with intent to distribute, maintaining a drug involved premises, possession of firearms in furtherance of drug trafficking crimes, and possession of firearms and ammunition as a previously convicted felon, was sentenced to 22 years and six months in prison, and ordered to pay a fine of $400 by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorneys Katelyn Hartford and Charles E. Moynihan, who handled the prosecution of the case, stated that on October 16, 2012, members of the Greater Rochester Area Narcotics Enforcement Team and Violent Crime Task Force, pursuant to a search warrant, searched Swinton’s residence located at 562 Maple Street in Rochester. As officers entered the location, they saw a co-defendant, David Jones, run from the kitchen into the living room. Officers arrested defendant Swinton while he was standing in a doorway to a bedroom adjacent to the living room. A woman, Danielle Bowen, was also arrested in the living room.Officers searched the location and found, a .223 caliber rifle, which was loaded with 30 rounds of .223 and .556 caliber of ammunition. Officers also found a .357 caliber revolver, which was loaded with six rounds of .357 caliber ammunition. The firearms were found under the bedsheets and pillow on the bed in the defendant’s bedroom.
In the same bedroom, officers found drug packaging material and mail and identifications paperwork belonging to Swinton. At various other locations in the premises, officers discovered cocaine, drug paraphernalia, digital scales, Pyrex glass beakers, and other items used to process cocaine hydrochloride into crack cocaine.
The sentencing is the result of an investigation by the Rochester Police Department under the direction of Chief Michael Ciminelli and the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.Rhode Island Man Sentenced for Conspiring to Commit Acts of Terrorism to Support ISISRead the Press Release
BOSTON – Nicholas Rovinski was sentenced today in federal court in Boston for providing material support to the Islamic State of Iraq and Syria (ISIS).
Nicholas Alexander Rovinski, a/k/a Nuh Amriki, a/k/a Nuh Andalusi, 27, of Warwick, R.I., was sentenced by U.S. District Court Judge William G. Young to 15 years in prison and a lifetime of supervised release. In September 2016, Rovinski pleaded guilty to conspiring with David Daoud Wright, 28, and Usaamah Abdullah Rahim (now deceased) to provide material support to the Islamic State of Iraq and Syria (ISIS) - a designated foreign terrorist organization - and conspiracy to commit acts of terrorism transcending national boundaries.
Wright was sentenced yesterday to 28 years in prison after being convicted by a federal jury of conspiracy to provide material support to ISIS, conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to obstruct justice and obstruction of justice.
In December 2014, Rovinski began talking with Wright about their mutual desire to support ISIS and how they could provide assistance to that terrorist organization. By April 2015, Rovinski, Wright, and Rahim had agreed to commit attacks and kill people inside the United States – acts which they believed would support ISIS’s objectives. Their attack plans included the beheading of a New York woman whom ISIS had identified to its supporters for murder through a “fatwah” or religious decree. In May 2015, Junaid Hussain, an ISIS recruiter in Syria, had directly communicated instructions to Rahim regarding the murder of the intended New York victim, in which the three men each agreed to play a critical role.
During the early morning hours of June 2, 2015, Rahim sought Wright’s guidance and advice, as Rahim could not wait until July 4, 2015, as originally planned, to go after their target, and instead wanted to go operational that day. Rahim mentioned the possibility of going after an “easier” target -- the “boys in blue” in Massachusetts. In response, Wright instructed and directed Rahim to “pursue martyrdom” and attack the police officers. Less than two hours after this call, Rahim was shot and killed after he lunged towards law enforcement officers with a large fighting knife.
On June 11, 2015, Rovinski was arrested for conspiring to provide material support to ISIS, but his arrest did not deter his commitment to ISIS. Even after being arrested, Rovinski sought to continue the attacks he had planned with Wright and Rahim, writing letters to Wright from prison discussing ways to take down the United States government and decapitate non-believers.
Pursuant to a cooperation agreement with the government, Rovinski testified against his co-defendant Wright at his trial. In addition, as the government told the court, Rovinski was a follower in this ISIS attack plan, while Wright was the mastermind.
Acting United States Attorney William D. Weinreb; Dana J. Boente, Acting Assistant Attorney General for the Justice Department’s National Security Division; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. This investigation was conducted by the Boston Joint Terrorism Task Force and the Rhode Island Joint Terrorism Task Force with assistance from the Boston Police Department, Boston Regional Intelligence Center, Massachusetts State Police, Commonwealth Fusion Center, Everett Police Department, Homeland Security Investigations, Rhode Island State Police, Warwick (R.I.) Police Department, Rhode Island Fusion Center, and the Naval Criminal Investigative Service. This case was prosecuted by Assistant U.S. Attorney B. Stephanie Siegmann of Weinreb’s National Security Unit and Trial Attorney Gregory R. Gonzalez of the National Security Division’s Counterterrorism Section.
Randolph Man Charged with Fentanyl-Related CrimesRead the Press Release
BOSTON – A Randolph man was indicted today in federal court in Boston on charges relating to the distribution of fentanyl on Cape Cod.
Jorge Barros a/k/a “Joey,” 24, was charged with conspiracy to distribute 40 grams or more of fentanyl and possession of fentanyl with the intent to distribute.
According to court documents, in September 2017, investigators identified Barros as a fentanyl distributor on Cape Cod. A cooperating defendant then made a series of recorded calls to Barros arranging for a fentanyl delivery. On Nov. 13, 2017, Barros attempted to deliver approximately 40 grams of fentanyl to the cooperator; however, before Barros could do so, he was arrested in Harwich, at which time law enforcement seized approximately 38 grams of fentanyl from him.
The charges provide for a mandatory minimum sentence of five years and no greater than 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Cape and Islands District Attorney Michael O’Keefe made the announcement today. The investigation was led by the DEA Cape Cod Resident Office and the Massachusetts State Police - Cape & Islands District Attorney’s Office in conjunction with the Brewster, Harwich, Sandwich, Mashpee, Chatham, Yarmouth, and Barnstable Police Departments and the Barnstable County Sheriff’s Department. Assistant U.S. Attorney Eric Rosen of Weinreb’s Criminal Division is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.