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Thursday 2 November 2017
Boston Man Charged with Bank RobberyRead the Press Release
BOSTON – Paul B. Landrum, dubbed the “Route 128 bandit,” 38, of Boston, was charged yesterday with bank robbery. He is scheduled to appear before U.S. Magistrate Judge Donald L. Cabell on Friday, Nov. 3, 2017, at 10:15 a.m.
According to court documents, between July 31, 2017, and Oct. 6, 2017, nine banks were robbed in the Greater Boston area, and in all of the robberies, the perpetrator was described as a 30-45-year-old light-skinned black or Hispanic male wearing a baseball hat, sunglasses and a long-sleeved collarless shirt. Based on the descriptive similarities at each bank, law enforcement suspected that the same individual was involved in each robbery.
An investigation into the robber’s get-away vehicle led law enforcement to identify Landrum as the suspect, and on Oct. 24, 2017, law enforcement arrested Landrum in Boston. It is alleged that after being advised of his rights, Landrum admitted to robbing a branch of Bank of America in Bedford on Oct. 6, 2017, and that he robbed the eight other banks in question since July 31.
Landrum faces a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office made the announcement today. The Boston FBI Violent Crimes Task Force, the Massachusetts State Police, and the Boston, Brookline, Medford, Somerville, and Wellesley police departments assisted with the investigation. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the court documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Armed career criminal in possession of a firearm and ammunition sentenced to prisonRead the Press Release
ATLANTA - Stanley Lamar Bailey has been sentenced to 21 years and 10 months in federal prison for possessing ammunition and a firearm on November 7, 2015, after leading police on a dangerous high-speed chase.
“Bailey placed innocent people in danger by leading police on a high-speed chase, eventually crashing his vehicle and fleeing the scene, leaving behind drugs, a thirty-round extended magazine, and a semi-automatic firearm,” said U.S. Attorney Byung J. “BJay” Pak. “My office brought this case as part of the overall Department of Justice enforcement priorities relating to violent crimes. Bailey was a serial offender who has been removed from the community, along with any danger that could result from his actions.”
“Bailey’s criminal history shows a complete and utter disregard for the lives of others as well as for their personal pursuits,” said ATF Assistant Special Agent in Charge John Schmidt. “This sentence is a direct message to criminals that we will target you and we will ensure that you are prosecuted and removed from our streets.”
According to U.S. Attorney Pak, the charges and other information presented in court: On November 7, 2015, a DeKalb County Police Officer was on routine patrol when he saw a car drive past him. The officer ran a check on the tags of the vehicle. He learned that its registration was suspended and it had no valid insurance. As a result, the officer attempted to conduct a traffic stop. However, when he initiated the stop, the driver, who was later determined to be Bailey, initially slowed down as if to pull over, then sped away.
Bailey briefly traveled into oncoming traffic, wrecked the car by hitting another vehicle, and then ran away on foot. In the abandoned vehicle, police found Bailey’s wallet, which contained, among other things, Bailey’s Social Security card and Georgia identification card. The photograph on the identification card matched the person who was driving the car and had fled the scene.
In the vehicle, the officer also found marijuana, drug paraphernalia, a Glock semi-automatic pistol, a thirty-round extended magazine, and twenty-eight rounds of 9mm ammunition. Prior to this incident, Bailey had been convicted of more than seven felonies, including possession with intent to distribute cocaine, possession of a firearm by a convicted felon, burglary, and theft by receiving stolen property. Subsequent to the November 2015 incident, but before his conviction in this case, Bailey was convicted of aggravated assault and battery/family violence.
Stanley Lamar Bailey, 50, of Decatur, Georgia, has been sentenced to 21 years, 10 months in prison to be followed by three years of supervised release. Bailey was found guilty by a jury on July 11, 2017.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the DeKalb County Police Department investigated this case.
Assistant U.S. Attorney Suzette A. Smikle prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Another Former Correctional Officer Pleads Guilty to Beating of Handcuffed and Shackled Inmate at Louisiana State Penitentiary at AngolaRead the Press Release
Acting United States Attorney Corey Amundson and Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division announced that another former supervisory correctional officer at Louisiana State Penitentiary in Angola, Louisiana, has pled guilty to participating in the beating of a handcuffed and shackled inmate, conspiring to cover up his misconduct by falsifying official records, and lying to internal investigators about what happened.
James Savoy, 39, of Marksville, Louisiana, admitted during his plea hearing yesterday that he witnessed other officers using excessive force against the inmate and failed to intervene; that he conspired with other officers to cover up the beating by engaging in a variety of obstructive acts; and that he personally falsified official prison records to cover up the attack.
Scotty Kennedy, 48, of Beebe, Arkansas, and John Sanders, 30, of Marksville, Louisiana previously pleaded guilty in November 2016, and September 2017, for their roles in the beating and cover up.
“Every citizen has the right to due process and protection from unreasonable force, and correctional officers who violate these basic Constitutional rights must be held accountable for their egregious actions,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Justice Department will continue to vigorously prosecute correctional officers who violate the public’s trust by committing crimes and to covering up violations of federal criminal law.”
“Today is another example of our office’s unwavering commitment to pursuing those who violate the federal criminal civil rights laws,” said Acting United States Attorney for the Middle District of Louisiana Corey Amundson. “We will continue to work closely with the Justice Department’s Civil Rights Division and the FBI to ensure that no one is above the law.”
This case is being investigated by the FBI’s Baton Rouge Resident Agency and is being prosecuted by Assistant U.S. Attorney Frederick A. Menner, Jr. of the Middle District of Louisiana and Trial Attorney Christopher J. Perras of the Civil Rights Division’s Criminal Section.
Additional Former Correctional Officer Pleads Guilty to Beating of Handcuffed and Shackled Inmate at Angola State PrisonRead the Press Release
A former supervisory correctional officer at Louisiana State Penitentiary in Angola, Louisiana, pleaded guilty yesterday in connection with the beating of a handcuffed and shackled inmate, in addition to conspiring to cover up their misconduct by falsifying official records and lying to internal investigators about what happened.
James Savoy, 39, of Marksville, Louisiana, admitted during his plea hearing that he witnessed other officers using excessive force against the inmate and failed to intervene; that he conspired with other officers to cover up the beating by engaging in a variety of obstructive acts; and that he personally falsified official prison records to cover up the attack.
Scotty Kennedy, 48, of Beebe, Arkansas, and John Sanders, 30, of Marksville, Louisiana previously pleaded guilty in November 2016, and September 2017, for their roles in the beating and cover up.
“Every citizen has the right to due process and protection from unreasonable force, and correctional officers who violate these basic Constitutional rights must be held accountable for their egregious actions” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Justice Department will continue to vigorously prosecute correctional officers who violate the public’s trust by committing crimes and to covering up violations of federal criminal law.”
“Yesterday is another example of our office’s unwavering commitment to pursuing those who violate the federal criminal civil rights laws,” said Acting United States Attorney for the Middle District of Louisiana Corey Amundson. “We will continue to work closely with the Justice Department’s Civil Rights Division and the FBI to ensure that no one is above the law.”
This case is being investigated by the FBI’s Baton Rouge Resident Agency and is being prosecuted by Assistant U.S. Attorney Frederick A. Menner, Jr. of the Middle District of Louisiana and Trial Attorney Christopher J. Perras of the Civil Rights Division’s Criminal Section.
Aberdeen Man Sentenced on Wire FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that an Aberdeen, South Dakota, man convicted of Wire Fraud was sentenced on October 30, 2017, by U.S. District Judge Charles B. Kornmann.
Marwin Hofer, age 54, was sentenced to 2 years in custody, followed by 3 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund, a $30,000 fine, and $125,436.81 restitution.
Hofer was indicted for wire fraud by a federal grand jury on November 1, 2016. He pled guilty on July 18, 2017.
In 2008, Hofer and three other partners formed an Aberdeen, South Dakota, limited liability company for the purpose of purchasing and leasing warehouse space in Aberdeen. Each partner had equal membership and Hofer served as the managing member, which included the duties of being in charge of the finances and accounting of the business.
On June 12, 2012, Hofer wrote a $10,000 check from the partnership bank account to another entity owned by Hofer. The three other partners did not authorize the transaction. The transfer of funds was part of Hofer’s scheme to defraud his partners for his personal benefit.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Hofer will turn himself in at a later date.
2017 Strom Thurmond Awards for Excellence in Law EnforcementRead the Press Release
COLUMBIA, SC –The United States Attorney’s Office’s Law Enforcement Coordinating Committee (LECC), the South Carolina Law Enforcement Officers’ Association (SCLEOA), and the Strom Thurmond Foundation will host a luncheon on Friday, November 3, 2017, for the presentation of the 2017 Strom Thurmond Awards for Excellence in Law Enforcement. These awards, established in 1983 by Senator Strom Thurmond, are presented annually to a city, county, state, and federal law enforcement officer who has demonstrated the highest ideals of excellence in professional law enforcement. The awards ceremony will be attended by approximately 150 law enforcement officers from throughout the state.
The 2017 awards luncheon will be held at the Fort Jackson Officers’ Club at Fort Jackson. Lunch will begin at 12:00 p.m. and the awards program will begin at approximately 12:45 p.m. The names of award recipients will be announced during the luncheon.
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Wednesday 1 November 2017
“King of Death” Dealer Sentenced for Heroin and Fentanyl DistributionRead the Press Release
NORFOLK, Va. – A Chesapeake man was sentenced today to 36 years in prison for his role in leading a drug trafficking conspiracy that resulted in more than a dozen overdoses and multiple deaths.
“Dawson’s predatory and cold-hearted actions led to the death of two Virginians,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “We will continue to aggressively prosecute those who seek to prey upon vulnerable members of our community, however, law enforcement does not possess the complete answer. We must continue to strive for increases in opioid awareness, education, prevention and treatment so that our communities can rid themselves of this invasive agent of human misery.”
According to court documents, Erskine A. Dawson, 33, managed more than half a dozen individuals who sold between three and ten kilograms of heroin from a Studios 4 Less motel on Military Highway in Virginia Beach. Dawson’s New Jersey sources of supply, Rashad Clark and Kenneth Stuart, aka “Bones,” used stuffed animals to conceal the heroin and fentanyl as they were transported down the East Coast on commercial buses.
“Today’s sentencing sends a strong signal across the Commonwealth that those who put poison on our streets, profit off addiction and threaten the lives of Virginians will be held accountable for their actions,” said Mark R. Herring, Attorney General of Virginia. “The partnerships we’ve made at the local, state and federal levels continue to put dangerous dealers and traffickers behind bars and help keep Virginians safe as we continue our relentless work to combat the heroin and opioid epidemic.”
According to court documents, Dawson’s organization was known for its potent heroin and fentanyl, which was distributed in wax baggies stamped “King of Death,” “Last Call,” and “Steph Curry,” among many others. Dawson and his dealers knew that multiple individuals had overdosed and even died using the product, yet continued to sell it anyway.
“Dawson’s knowledge of the damage and possible death he was dealing to his customers shows his blatant disregard for the sanctity of human life,” said Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division. “He and other dealers like him will be held accountable for their actions. We are pleased to be part of a successful prosecution team that puts death-dealers like Dawson in jail.”
Dawson pleaded guilty to conspiracy to manufacture, distribute, and possess with intent to manufacture and distribute heroin and fentanyl, distribution of fentanyl resulting in death, and possession of firearms during and in relation to a drug trafficking crime on July 18.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Mark R. Herring, Attorney General of Virginia, Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, James A. Cervera, Chief of Virginia Beach Police, and Kelvin L. Wright, Chief of Chesapeake Police, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Special Assistant U.S. Attorney John F. Butler and Assistant U.S. Attorneys Andrew C. Bosse and Daniel T. Young prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:17-cr-61.
Woman Sentenced for Tax Refund Fraud and ID Theft SchemeRead the Press Release
NEWPORT NEWS, Va. – A Hampton woman was sentenced today to nine years in prison for tax refund fraud and identity theft.
According to court documents, Tonya Nicole Matthews, aka Tonya Nicole Williams, 44, has a previous conviction for tax refund fraud and identity theft, and was serving a term of federal supervised release when she undertook her most recent scheme. Over the course of more than four years, Williams filed 172 fraudulent federal income tax returns in the names of 75 stolen identities for over $450,000. Each of these returns claimed that the individuals in whose names they were filed had earned income from one of three fake businesses that Matthews created to further her scheme. To legitimize these claims, Matthews incorporated the businesses in the Commonwealth of Virginia, registered them with the IRS, and filed false wage and withholding documents in which she claimed the businesses had paid millions of dollars in wages to her identity theft victims and withheld over $500,000 in taxes from those wages as required by law. Matthews filed all of the false returns electronically from her residence in Hampton, using accounts she had created in her victims’ names. Matthews directed the IRS to deposit the claimed refunds into prepaid debit card accounts she had also opened in the victims’ names.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Kimberly Lappin, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), made the announcement after sentencing by U.S. District Judge Mark S. Davis. Assistant U.S. Attorney Kaitlin C. Gratton prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:16-cr-95.
Wilson Man Convicted in Federal Court of Abusive Sexual Contact with A Child Under 12 YearsRead the Press Release
MARQUETTE, MICHIGAN —Patrick Roy Wandahsega, 40, of Wilson, Michigan, was found guilty of abusive sexual contact with a child under 12 years, Acting U.S. Attorney Andrew Byerly Birge, announced today. The trial, which lasted four days, was held before U.S. District Judge Paul L. Maloney.
The charge arose from an incident in December 2015, in which Wandahsega sexually abused a six-year-old child at his home on the Hannahville reservation. Hannahville law enforcement became aware of the incident when the victim reported the abuse to relatives and later a physician. After an extensive investigation, a federal grand jury indicted Wandahsega on two counts – the first charging Aggravated Sexual Abuse of a Child and the second charging, Abusive Sexual Contact Involving Young Children. The jury found Wandahsega guilty of the second charge. At sentencing, which has yet to be scheduled, Wandahsega will be facing a maximum of life imprisonment.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from sexual exploitation and abuse. The U.S. Attorney's Office, county and tribal prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Hannahville Tribal Police and the Federal Bureau of Investigation investigated the case. Assistant U.S. Attorneys Hannah N. Bobee and Paul D. Lochner prosecuted the case.
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Whitehall Felon Sentenced to Prison for Gun PossessionRead the Press Release
MISSOULA - The United States Attorney’s Office announced today that Terry Lynn Sturdevant was sentenced to 30 months in prison, three years of supervised release, and a $100 special assessment. Chief U.S. District Judge Dana L. Christensen presided over the hearing.
On March 5, 2016, the Jefferson County Sheriff’s Office received a call about a fight between two brothers with a knife in Whitehall, Montana. Sturdevant was fighting with his half-brother. According to medical personnel, he had a short-barreled revolver that he was pointing at his half-brother and a friend during the argument. Both Sturdevant and his half-brother sustained cuts during the fight.
By the time deputies from the Jefferson County Sheriff’s Office arrived, Sturdevant had fled the house. Law enforcement officers found him in the backyard. In the same area, they also found a .22 caliber revolver loaded with one spent round and four live rounds. In 2009, Sturdevant was convicted of felony second degree burglary in the State of New York.
The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jefferson County Sheriff’s Office.
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.
West Chester Man Sentenced to 30 Months for Defrauding IRSRead the Press Release
Today, United States District Court Judge Harvey Bartle, III sentenced Gebah Kamara, 50, of West Chester, Pennsylvania, to 30 months’ imprisonment for conspiring to defraud the Internal Revenue Service, aiding and abetting the preparation of false federal income tax returns, wire fraud, and aggravated identity theft. The charges arose from the defendant’s participation in a conspiracy to defraud the Internal Revenue Service (“IRS”) by filing false federal income tax returns, which generated large fraudulent refunds. The defendant, a former social worker, stole the personal identity information of foster children from his employer, and sold that information to tax preparers in Philadelphia to use as fraudulent dependents on income tax returns, announced Acting United States Attorney Louis D. Lappen. The defendant pled guilty to the charges on December 3, 2014.
From 2007 through approximately October 2011, defendant Gebah Kamara was employed as a social worker with Catholic Social Services in Philadelphia. During the course of his employment, the defendant had access to the names, dates of birth, and Social Security numbers of foster children and members of the children’s foster families. Beginning In or about 2008, the defendant sold the personal identity information of children for use as false dependents on income tax returns to his codefendants, who operated Medmans Financial Services, a tax preparation business.
Kamara’s codefendants used the children’s personal identity information to create fraudulent dependents on income tax returns, which they prepared for clients and filed with the IRS. By including the false dependents on tax returns, the tax preparers falsely claimed on behalf of their clients a tax exemption for each dependent, and the child tax credit, and often claimed a tax credit for child, dependent care expenses, and the earned income tax credit. These false items generated large fraudulent tax refunds, some in excess of $9,000 per return.
The tax preparers charged clients an additional fee of as much as $800 for fraudulently including a dependent on an income tax return. The defendant was paid approximately $200 to $300 for each child’s identity that was included on an income tax return that was accepted by the IRS for processing.
In addition to providing personal identity information of children to his codefendants to use as false dependents, the defendant also gave them a template that could be used to generate false letters for clients in case of an IRS audit.
For the tax years 2007 through 2010, 283 false tax returns were filed, using 321 foster children's identities that had been provided by Kamara, causing a tax loss of approximately $1,191,093.72.
This case was investigated by the Internal Revenue Service, Criminal Investigation Division, the City of Philadelphia Office of the Inspector General, and the Social Security Administration OIG- Office of Investigations, and was prosecuted by Assistant United States Attorney Frank Costello.
Violent Drug Trafficker Sentenced to 25 Years in Federal PrisonRead the Press Release
PORTLAND, Ore. – On Wednesday, November 1st, U.S. Senior District Judge Robert E. Jones sentenced Raul David Alvarado, 39, of Kelso, Washington, to 25 years in federal prison followed by 5 years of supervised release. On May 25, 2017, Alvarado was found guilty following a jury trial to Conspiracy to Distribute Controlled Substances involving 1 kilogram or more of heroin and 500 grams or more of methamphetamine.
Investigation by the Bureau of Alcohol, Tobacco, and Firearms (ATF) along with local authorities revealed that between January 2014 and October 2015, Alvarado, along with Fidel Villafana-Beltran, partnered to source large amounts of methamphetamine and heroin to sell in Southwest Washington and Northwest Oregon. In June of 2015, agents observed Alvarado entering the Vancouver home of a known drug distributor. After leaving the house with what appeared to be a full backpack, officers attempted to conduct a traffic stop on Alvarado’s vehicle. Rather than stopping, Alvarado eluded at high speeds, cutting through fences, backyards, and side-streets. Along the path of travel, agents found an abandoned backpack containing nearly $15,000, a gun-cleaning kit, and four ounces of pure methamphetamine. Alvarado was arrested on state charges and was subsequently released on conditions. At the time of his arrest on federal charges, agents found firearms, a police scanner, drug paraphernalia, and cash. Even after defendant’s arrest, ATF agents continued searching for the dozens of firearms this investigation linked to Alvarado, and eventually, in January 2016, agents located 45 additional guns ditched in a ravine in Cowlitz County, Washington. Serial numbers on many of these found firearms matched entries on a handwritten list of guns found in the September 2015 search warrant at Alvarado’s residence.
At the sentencing hearing, prosecutors gave examples of defendant’s violent conduct including armed threats to other drug dealers, ramming into a suspected informant’s vehicle, and beating a female co-conspirator in front of other dealers in order to scare them.
“This 25-year sentence will keep a prolific violent offender off the streets for years to come and it protects the community from the dangers he posed,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “Drug dealers beware. Federal agents and local law enforcement will not stop until the people who flood our streets with poison are prosecuted and convicted.”
This case was investigated by the ATF, with assistance from the Multnomah County Sheriff’s Office, the Rainier Police Department, the Clark-Vancouver Drug Task Force and the Cowlitz Wahkiakum Narcotics Task Force. Assistant U.S. Attorney Leah K. Bolstad prosecuted the case in federal court.
U.S. and State of Illinois File Suit Against Owners of Suburban Youth Counseling Center for Allegedly Defrauding Medicaid out of MillionsRead the Press Release
CHICAGO — The United States and the State of Illinois have jointly filed a civil lawsuit accusing the owners of a Chicago-area youth counseling center of defrauding Medicaid out of millions of dollars through a fraudulent billing scheme.
The suit alleges that LAYNIE FOUNDATION INC. and its owners, SUMMER MATHESON and TERRENCE EWING, violated the federal False Claims Act by fraudulently billing Medicaid for more mental health counseling services than the foundation actually provided. The suit further alleges that Matheson and Ewing directed the Matteson-based foundation to seek payment from Medicaid for non-reimbursable activities such as internal case reviews, staff training, clinical supervision, and recordkeeping.
The government’s suit was filed Tuesday in U.S. District Court in Chicago. The government is intervening in a lawsuit that a private citizen initially filed under seal in 2014 pursuant to the qui tam, or whistleblower, provisions of the False Claims Act.
The lawsuit was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; Lisa Madigan, Illinois Attorney General; and Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General. The Illinois State Police assisted in the investigation.
According to the suit, Matheson and Ewing instructed Laynie Foundation employees to fraudulently inflate the mental health services they provided to youths. Matheson and Ewing exploited the fact that most of the foundation’s counselors and social workers were new to the profession, and for many, working at Laynie Foundation was their first job in the mental health field, the suit alleges. When multiple employees questioned Matheson about billing practices, Matheson warned that Laynie Foundation would lose its eligibility and funding from Medicaid if the employees did not bill as instructed. If employees did not comply, the suit alleges, Matheson and Ewing would tell them “not to mess with [Matheson’s and Ewing’s] money.”
From January 2012 through February 2016, Laynie Foundation submitted approximately $8.2 million in claims for purported mental health services. The foundation received approximately $6.3 million for these claims, the suit states.
In addition to the fraudulent billing scheme, the suit contends that Laynie Foundation violated state clinical supervision requirements by failing to have a licensed mental health professional certify that the services Laynie Foundation provided were medically necessary and met professional standards of care.
The False Claims Act permits private individuals to sue for false claims on behalf of the government and to share in any recovery. The Act also allows the government to intervene or take over the lawsuit, as it has done in this case, and to recover three times damages plus civil penalties ranging from $5,500 to $11,000 for each false claim submitted by the defendants.
Medicaid is a state-administered program, and each state sets its own guidelines regarding eligibility and services. Funding for Medicaid is shared between the federal government and the State of Illinois for Illinois Medicaid recipients.
The public is reminded that civil allegations are accusations only, and there has been no determination of liability. The government is represented by Assistant U.S. Attorney Prashant Kolluri of the U.S. Attorney’s Office, and Assistant Attorneys General Elisa C. Hamilton and Robert A. Barba of the Illinois Attorney General’s Office.
Two Mercer County, New Jersey, Men Admit Armed Robbery Spree of Electronics Stores in New Jersey and PennsylvaniaRead the Press Release
CAMDEN, N.J. – Two Trenton, New Jersey, men admitted robbing Metro PCS stores in Willingboro, New Jersey, Lumberton, New Jersey, and Levittown, Pennsylvania, in September and October 2016, Acting U.S. Attorney William E. Fitzpatrick announced today.
Rodney Day, 26, pleaded guilty today before U.S. District Judge Joseph H. Rodriguez in Camden federal court to an information charging him with one count of conspiracy to commit Hobbs Act robberies. Zeldrick Nance, 30, pleaded guilty before Judge Rodriguez to a separate information with the same charge on Oct. 30, 2017. Both defendants have been in custody since their arrest on Jan. 3, 2017.
According to documents filed in this case and statements made in court:
On Sept. 29, 2016, Day, Nance and Lisa Anderson, 34, of Griffithville, Arkansas, drove to the Willingboro Metro PCS Store. Day brandished what appeared to be a firearm while Nance duct taped the store occupants and placed them into a store bathroom. Meanwhile, Anderson stole cellular telephones and money from the cash registers. During the robbery, Day demanded the keys to a car owned by one of the victims. Day, Nance, and Anderson fled with the stolen cellular telephones and money in that stolen car.
On Oct. 7, 2016, Day, Nance, and Anderson drove to the Lumberton Metro PCS Store. Day brandished what appeared to be a firearm while Nance duct taped a store occupant, put that victim in a storage room, and took the victim’s wallet and keys. Meanwhile, Anderson stole cellular telephones and money from the cash registers.
On Oct. 12, 2016, Day, Nance, and Anderson drove to the Levittown Metro PCS Store. Day once again brandished what appeared to be a firearm while Nance duct taped the victims inside the store and put them in a store bathroom. Anderson subsequently entered the store and stole cellular telephones and money from the cash registers.
The charge of conspiracy to commit Hobbs Act robberies carries a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing for Day and Nance is set for Feb. 14, 2018 and Feb. 7, 2018, respectively.
Anderson has been in custody since her arrest on Jan. 3, 2017. She has pleaded guilty to her role in the robberies and is currently scheduled for sentencing on Dec. 5, 2017.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to this week’s guilty pleas. He also thanked the Willingboro, Lumberton, and Levittown police departments, as well as the Burlington and Mercer County Prosecutor’s Offices for their assistance in this case.
The government is represented by Assistant U.S. Attorney Jacqueline M. Carle of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel:
Day: Peter A. Levin Esq., Philadelphia
Nance: Robert Wolf Esq., Westmont, New Jersey
Superseding Indictment Filed Against Scranton Man in Sex and Drug Trafficking CaseRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury returned a second superseding indictment on October 31, 2017, against Mark Cook, age 39, of Scranton, Pennsylvania, charging him with an additional count of sex trafficking by force, fraud and coercion.
According to United States Attorney Bruce D. Brandler, the second superseding indictment alleges that Cook, who used the street name of “Lucky,” used force or coercion in connection with an additional victim of sex trafficking during December 2015 through January 2016.
The second superseding indictment also contains the original charges of conspiracy to commit sex trafficking by force and coercion, four other counts of sex trafficking by force, fraud and coercion, a count of attempted sex trafficking by force, fraud, and coercion, possession with intent to distribute heroin, “molly,” and cocaine, conspiracy to distribute cocaine, attempted witness tampering, and wire fraud.
According to the second superseding indictment, Cook used a website to post advertisements for prostitution, rented hotel rooms in Scranton, Wilkes-Barre, and elsewhere for prostitution purposes, and used intimidation, threats, physical assaults, and illegal drugs to further the prostitution business.
The charges against Cook resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and Scranton Police. Assistant U.S. Attorneys Francis P. Sempa and Jenny S. Roberts are prosecuting the case.
The sex trafficking offenses each carry a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of life in prison. The drug charges and attempted witness tampering charge each carry a potential maximum sentence of 20 years in prison. The wire fraud charge carries a potential maximum sentence of 30 years in prison, and the attempted witness tampering count carries a potential maximum sentence of 20 years in prison.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Stratford Man Sentenced to 57 Months in Federal Prison for Distributing HeroinRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ANTHONY LEE PAROWSKI, 30, of Stratford, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 57 months of imprisonment, followed by three years of supervised release, for distributing heroin.
According to court documents and statements made in court, in March 2017, the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force and Milford Police Department received information that PAROWSKI was distributing heroin to numerous individuals. In April 2017, investigators conducted two controlled purchases of heroin from PAROWSKI, the second of which occurred in a Milford motel room that PAROWSKI had rented. On April 20, investigators approached PAROWSKI as he exited the motel carrying a cardboard box. PAROWSKI dropped the box and ran, and was observed discarding items as he ran. He was apprehended after a brief pursuit. A search of PAROWSKI’s person, the cardboard box and the area of the chase revealed approximately 190 dose bags of heroin, 66 grams of additional heroin, and items used to process and package heroin for street sale. A subsequent search of PAROWSKI’s Stratford residence revealed $32,210 in cash.
PAROWSKI has been detained since his federal arrest on April 25. On July 25, he pleaded guilty to one count of distribution of heroin.
Judge Bolden ordered PAROWSKI to forfeit the cash seized from his residence.
The DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force includes members from the Bridgeport, Stamford, Stratford, Norwalk and Milford Police Departments, and the Connecticut State Police.
This case was prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Steuben County Man Sentenced for Making A False StatementRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Brian Woodhams, 40, of Wayland, NY, who was convicted of making false statements to a federal agent, was sentenced to time served and one year supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Mary C. Baumgarten, who handled the case, stated that since October of 2015, the defendant held a student pilot license issued by the Federal Aviation Administration (FAA). Such license permitted Woodhams to fly an airplane with a flight instructor or by himself. Under the license, if Woodhams flew with a passenger, then a flight instructor also had to be on board the airplane.
On October 31, 2015, the defendant was involved in an accident while landing his Piper Cherokee 140 airplane at the Perry-Warsaw Airport in Perry, NY. The airplane veered to the right, and Woodhams over-corrected and hit the brakes, causing the nose of the plane to go into the ditch off the runway. At the time of the accident, there was a 15-year old boy on board as a passenger, but no flight instructor.
On November 2, 2015, FAA Aviation Safety Inspectors viewed the defendant’s airplane at the Perry-Warsaw Airport. During a telephone conversation, Woodhams told inspectors that he had sustained a bloody nose and hurt his shin during the crash. The defendant also stated that he was the only occupant in the airplane at the time of the accident but that his son approached the aircraft immediately after the crash and slipped and fell as he climbed up the flap, hitting his nose and causing a bloody nose.
Woodhams met with inspectors in person on November 4, 2015, and stated once again that he was the only occupant of the aircraft at the time of the accident and that his son arrived at the crash scene later. The defendant was told that a witness reported seeing his son in the aircraft but Woodhams again denied this fact.
On November 10, 2015, the defendant submitted a Pilot/Operator Aircraft Accident/Incident Report to the National Transportation Safety Board (NTSB) and failed to report that there was a passenger on the plane who was injured during the accident.
On January 10, 2017, Woodhams was interviewed by a Special Agent of the U.S. Department of Transportation, Office of Inspector General, and FAA inspectors and stated once again that he was the only person on the plane at that time. When questioned concerning evidence developed during the FAA investigation that there was a passenger in the plane at the time of the crash, defendant denied that there was a passenger in the plane and he gave an alternative explanation that was untrue.
The sentencing is the result of an investigation by the Department of Transportation, Office of the Inspector General, under the direction of Special Agent-in-Charge Douglas Shoemaker and the Federal Aviation Administration, Rochester Flight Standards District Office, under the direction of Office Manager Carl Kohl.
Statement on U.S. v KoerberRead the Press Release
“After a thorough review and careful consideration, we notified the Court today that the United States intends to retry its case against Mr. Koerber. We have asked U.S. District Judge Robert J. Shelby to set a status conference at which time the United States will request a firm date for retrial.
“On October 16, 2017, the Court dismissed the jury in the first trial after they were unable to reach a unanimous verdict. Since that time, a number of jurors have volunteered their perspectives relating to their jury service in this matter. Based upon what we learned from these candid and informative discussions, and based upon the serious crimes alleged and unresolved, the United States will move forward with this case. Immediately following the first trial, there were defense assertions that an overwhelming number of jurors were in favor of acquittal. Based upon the information volunteered to our office, those claims appear to have no merit.
“While we recognize the cost, time, and energy it will take to retry this case, it is the right thing to do. In a case where investors entrusted approximately $100 million to the defendant, of which well over $50 million was redistributed to other investors, a jury should reach a unanimous verdict as to the defendant’s culpability, or lack thereof. For either party and for our broader community, justice demands the finality of a unanimous jury verdict.”
U.S. Attorney John W. Huber
Statement by Attorney General Sessions on Fentanyl Safety Recommendations for First RespondersRead the Press Release
Attorney General Sessions released the following statement on Fentanyl Safety Recommendations for First Responders release by the White House today:
“Members of law enforcement and other first responders protect American families from deadly drugs like fentanyl each day,” Attorney General Jeff Sessions said. “But these drugs put first responders at risk too, since even trace amounts of fentanyl can be lethal. Today’s recommendations will help protect the lives of those who protect us and make it easier for them to do their jobs. I want to thank President Trump for his leadership on this issue, which is critical to supporting law enforcement officers throughout the country.”Six indicted for conspiracy to mail a ton of marijuana to Northeast Ohio from West Coast and launder the profitsRead the Press Release
Six people were indicted for their roles in a conspiracy to ship at a ton of marijuana to Ohio from Hawaii, California and Oregon, and then launder the drug profits, law enforcement officials said.
Named in the two-count indictment are: William B. Murphy, 37, of Kealakekua, Hawaii; Michael W. Spellman, 59, of Kealakekua, Hawaii; Peter Reichert, 30, of Lyndhurst; Dustin Robinson, of East Liverpool; Young Hee Park, of Broadview Heights, and So Young Park, of Kealakekua, Hawaii.
All the defendants are charged with one count of conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. Murphy, Spellman and the Parks are charged with conspiracy to launder money.
According to the indictment:
Murphy grew marijuana in Hawaii and procured marijuana in Hawaii, California and Oregon and had it shipped to people in Ohio.
Spellman packaged the marijuana inside five-pound foil coffee bags, which also contained loose coffee beans, and mailed them to various addresses in Northeast Ohio, including a location in Shaker Heights. Murphy paid Spellman $100 for each package he mailed.
Reichert received packages of marijuana in Northeast Ohio, including in Chester Township, mailed from Hawaii, California and Oregon, for further distribution. Robinson received packages of marijuana in Pennsylvania mailed from Hawaii and California.
Robinson also mailed bulk cash to Spellman from East Liverpool. Murphy and Spellman had drug profits mailed to them at several post office boxes in Hawaii and California.
Young Hee Park received cash payments in Ohio from various marijuana customers and then mailed the cash to Murphy in Hawaii. Park mailed the packages containing cash from 25 different post offices in Northeast Ohio to avoid suspicion.
Spellman opened a bank account at Fifth Third Bank in Mentor. He and Murphy directed people in Ohio to deposit cash into the account from at least 15 different bank branches, in order to avoid detection. They used a similar arrangement with accounts opened at PNC Bank.
The defendants deposited at least $348,000 in cash into the accounts between 2014 and 2016. They used the accounts to pay for living expenses and other purchases, including airline tickets from flights between Cleveland and Hawaii totaling $40,959; drones from Drones, Inc. totaling $13,062; a greenhouse in Hawaii for $10,632; a Honda ATV for $11,170, and other purchases.
Overall, Murphy, Spellman and the other conspirators caused approximately 1,113 packages containing marijuana to be shipped to Northeast Ohio between 2014 and 2016. Additionally, they caused approximately 965 packages containing bulk cash to be mailed from Ohio to Hawaii, California and Oregon.
“This group mailed thousands of pounds of marijuana to Greater Cleveland from the West Coast and then laundered nearly $350,000 in drug profits,” U.S. Attorney Justin Herdman said. “The leaders of this conspiracy paid for a lavish lifestyle with drug money, but now it will cost them federal prison.”
“From coast to coast the IRS will take every step to ferret out those who attempt to launder the proceeds of illegal drug profits,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs. Without these ill-gotten gains, the traffickers could not finance their organizations.”
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Aaron Howell following an investigation by the Drug Enforcement Administration, U.S. Postal Inspection Service, Internal Revenue Service and the Lake County Narcotics Agency.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Sioux City Man Pleads Guilty to Drug Offense and Child Pornography OffenseRead the Press Release
A lawful permanent resident who possessed more than one-half pound of cocaine and child pornography pled guilty today, November 1, 2017, in federal court in Sioux City.
Jose Ramon Ortega-Ramirez, 23, from Sioux City, Iowa, was convicted of one count of possession with the intent to distribute cocaine and one count of possession of child pornography.
In a plea agreement, Ortega-Ramirez admitted that law enforcement intercepted a package from Mexico containing approximately 290.70 grams of cocaine. The package was addressed to “Jhon Smith” and had Ortega-Ramirez’s address on it. On August 4, 2017, law enforcement executed a controlled delivery of the package at Ortega-Ramirez’s. On this day, Ortega-Ramirez approached the undercover agent, identified himself as “Jhon Smith,” signed for the package, and brought it into his home. Shortly thereafter, officers executed a search warrant on the residence and found the package in Ortega-Ramirez’s bedroom hidden underneath a blanket on his bed. After his arrest, Ortega-Ramirez claimed that he had accepted the package on behalf of the tenants in the upstairs apartment who he knew to sell cocaine, methamphetamine, and marijuana. He claimed he expected to receive marijuana as compensation. Shortly after the interview ended, Ortega-Ramirez attempted to escape from police custody by running approximately thirty feet and jumping over the second floor railing that was approximately twenty feet off the ground. Before defendant exited the residence, five law enforcement officers subdued him.
In a plea agreement, Ortega-Ramirez also admitted that he possessed images conveying nude images of a minor. Ortega-Ramirez also admitted that he also possessed images and videos of the minor engaging in sexually explicit activity. Ortega-Ramirez was aware that the minor was under the age of 18 at the time.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Ortega-Ramirez remains in the custody of the United States Marshal pending sentencing. Ortega-Ramirez faces a possible maximum sentence of 20 years’ imprisonment, up to a $1,000,000 fine, $200 in special assessments, and at least 5 years of supervised release up to life following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Tim Duax and Special Assistant United States Attorney Ajay Alexander, and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-CR-4049 and 17-CR-4066.
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Rural Retreat Man Sentenced for Aiding Counterfeiting Scheme and for Firearm OffensesRead the Press Release
Abingdon, VIRGINIA – A Rural Retreat man, who aided another man with a counterfeiting scheme, provided a firearm to him, and possessed stolen firearms was sentenced yesterday in the United States District Court for the Western District of Virginia in Abingdon, announced Acting United States Attorney Rick A. Mountcastle.
Robert Louis Fowler, 38, was sentenced yesterday in federal court to 15 months in prison and three years of supervised release. He was also ordered to pay over $8,500 in restitution. Fowler previously pleaded guilty to one count of a principal and aider and abettor with intent to defraud, falsely making counter US currency, one count of knowingly possessing a stolen firearm and one count of knowingly and intentionally selling or disposing of a firearm to a convicted felon.
Fowler’s case relates to that of Chad Edward Harmon, 34, of Wytheville. Harmon previously pleaded guilty to one count of uttering counterfeit obligations and one count of being a previously convicted felon illegally in possession of a firearm. On May 30, 2017, Harmon was sentenced to 12 months and one-day of federal incarceration.
According to evidence presented at previous hearings by Assistant United States Attorney Jennifer R. Bockhorst, in November 2016, several businesses in Wythe County reported to the Wythe County Virginia Sheriff’s Office an influx of counterfeit money being passed. The Wythe County Sheriff’s Office contacted the United States Secret Service in Roanoke after arresting Harmon while trying to pass what was believed to be a counterfeit bill. While being held in custody, Harmon made a call from jail in which he told another individual that the police had missed some money hidden in a special compartment in his vehicle and they discussed a firearm he had removed prior to the search.
Agents with the United States Secret Service examined several of the counterfeit Federal Reserve Notes received by local banks and businesses in Wythe County, determined they were, in fact counterfeit, and had been produced by a scanner/printer/copier or commercial computer and printer that was recovered from Harmon’s home during the execution of a state search warrant.
Fowler later detailed for police how Harmon counterfeited money and admitted to giving Harmon the scanner/printer/copier. Fowler also admitted that he supplied Harmon, who he knew to be a convicted felon, with a 9 mm pistol.
Evidence also established that Fowler had possessed a firearm he knew to be stolen.
The investigation of the case was conducted by The United States Secret Service and the Wythe County Sheriff’s Office. Assistant United States Attorney Jennifer R. Bockhorst prosecuted the case for the United States.
Removed Alien Charged with Illegally Returning to United StatesRead the Press Release
PITTSBURGH - An illegal alien found in Moon Township, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of Illegal Re-Entry After Deportation, Acting United States Attorney Soo C. Song announced today.
The one-count indictment, returned on October 31, 2017, named Jose Bedoya-Pelaez, age 35, of Guatemala, as the sole defendant.
According to the indictment presented to the court, Jose Bedoya-Pelaez, an illegal alien, was formally removed from the United States by United States Immigration and Customs Enforcement on July 13, 2011. Jose Bedoya-Pelaez was found to be illegally present on October 10, 2017.
The law provides for a maximum total sentence of two years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney James T. Kitchen is prosecuting this case on behalf of the government.
The U.S. Department of Homeland Security, Immigration and Customs Enforcement conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Real Estate Investor Sentenced to 12 Months in Prison for Rigging Bids at Northern California Public Foreclosure AuctionsRead the Press Release
A real estate investor was sentenced today for his role in a conspiracy to rig bids at public real estate foreclosure auctions in Northern California, the Department of Justice announced.
Ramin Rad “Ray” Yeganeh was charged on June 25, 2015, in an indictment returned by a federal grand jury in the Northern District of California. Yeganeh pleaded guilty on June 14, 2017, to one count of bid rigging at real estate foreclosure auctions in Alameda County. Today, Yeganeh was sentenced to serve 12 months in prison and to serve three years of supervised release. In addition to his term of imprisonment, Yeganeh was ordered to pay $149,733 in restitution.
“As today’s sentencing shows, antitrust crimes don’t pay,” said Assistant Attorney General Makan Delrahim of the Justice Department's Antitrust Division. “In addition to facing prison time, defendants can expect to pay restitution for their ill-gotten gains.”
Between September 2008 and January 2011, Yeganeh and other bidders at the auctions conspired not to bid against one another for selected properties, instead designating a winning bidder for the property at the auction. The members of the conspiracy then held a second set of private auctions known as “rounds” to award the properties to members of the conspiracy and determine payoffs for other conspirators who had agreed not to bid against each other at the public auctions. The private auctions often took place at or near the courthouse steps where the public auctions were held.
When real estate properties are sold at public auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with the remaining proceeds, if any, paid to the homeowner.
The sentence is a result of the division’s ongoing investigation into bid rigging at public real estate foreclosure auctions in California’s San Francisco, San Mateo, Alameda and Contra Costa counties.
These investigations are being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Office. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Antitrust Division’s San Francisco Office at 415-934-5300 or call the FBI tip line at 415-553-7400.
Raleigh Man Convicted of Firearms OffensesRead the Press Release
RALEIGH - United States Attorney Robert J. Higdon, Jr. announced that DAMIEN NOWELL of Raleigh was convicted following a jury trial of two federal firearms violations. The charges arose from a search warrant executed at NOWELL’S residence at 2416 Evers Drive in Raleigh on February 4, 2015.
In a jury trial held before Chief United States District Judge James C. Dever, III, NOWELL was convicted of possession of a firearm in furtherance of a drug trafficking crime and felon in possession of a firearm. The evidence presented at trial revealed that as members of the Raleigh Police Department Gang Suppression Unit began to execute a search warrant at the defendant’s residence, NOWELL was located in a bathroom attempting to flush approximately 70 grams of cocaine down the toilet. The cocaine was recovered. During the search, a Beretta .40 caliber handgun was recovered from underneath an air mattress in NOWELL’s bedroom, loaded with 14 rounds of ammunition, including one in the chamber. A search following the arrest resulted in the recovery of an additional 7 grams of cocaine from NOWELL’s person, in addition to over $1,400.00 in cash. NOWELL confessed to the cocaine but denied possession of the firearm.
NOWELL was also charged with federal narcotics offenses, to which he pled guilty at an earlier hearing. Chief Judge Dever scheduled sentencing for February 5, 2018. NOWELL faces a maximum of 10 years in prison for the felon in possession offense, plus a mandatory minimum of 5 consecutive years for the possession of the firearm in furtherance of a drug trafficking crime. He faces a maximum of 20 years for the drug crimes to which he pled guilty earlier.
This case is part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Raleigh Police Department. Assistant United States Attorney John Bennett is prosecuting the case.
Premier Aviation Pleads Guilty to Environmental CrimeRead the Press Release
SYRACUSE, NEW YORK – Premier Aviation Overhaul Center, an airplane maintenance and painting company with a facility in Rome, New York, pled guilty today to omitting material information regarding hazardous waste on a trash compactor label, and was sentenced to pay a fine of $40,000.
The announcement was made by Acting United States Attorney Grant C. Jaquith; Tyler Amon, Special Agent in Charge for the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in New York; and Joseph H. Schneider, Director of Law Enforcement, New York State Department of Environmental Conservation (DEC).
Premier Aviation admitted that in February 2014, one or more of its employees placed large sheets of plastic containing hazardous chromium waste into a large trash compactor without updating the labels on the trash compactor to disclose the presence of hazardous waste inside. The chromium waste was generated when Premier Aviation stripped paint from older airplanes, and it remained stored in the trash compactor – which was not an appropriate means of disposal for the hazardous waste – for approximately two weeks prior to being seized by law enforcement. Subsequent tests revealed that the levels of chromium on the plastic sheets in the trash compactor were approximately 23 times higher than the legal limit. Premier Aviation admitted that it failed to report that one or more of its employees had stored and maintained chromium illegally in the trash compactor. Premier Aviation pled guilty to being an accessory after the fact to this environmental crime.
United States Magistrate Judge Thérèse Wiley Dancks sentenced Premier Aviation to pay a $40,000 fine. In its plea agreement the company also agreed to provide the EPA with quarterly statistics specifying the hazardous waste generated, stored, and disposed at its facility, to provide specific waste and emergency response training to all of its employees who handle paint, paint stripping processes, or any other hazardous waste materials, and to abide by a Hazardous Waste Reduction Plan, which was drafted by Premier Aviation and approved by EPA and DEC prior to the plea hearing. In addition, Premier Aviation agreed to allow EPA-CID and DEC to inspect its facility in Rome, and its compliance with the terms of the plea agreement and with all applicable laws and regulations, at any time, and without notice, until September 30, 2018.
This case was investigated by EPA-CID and DEC, and was prosecuted by Assistant U.S. Attorney Michael F. Perry.
Pittsburgh Felon with Multiple Convictions Charged with Federal Firearms OffenseRead the Press Release
PITTSBURGH – A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating the federal firearms laws, Acting United States Attorney Soo C. Song announced today.
The one-count indictment, returned on October 31, 2017, named James Taric Byrd, age 40, of Pittsburgh, Pennsylvania.
According to the indictment, on or about February 23, 2015, Byrd, an individual with prior felony convictions for Aggravated Robbery, with Firearm Specification; Robbery, with Firearm Specification; Kidnapping, with Firearm Specification; and Aggravated Burglary, with Firearm Specification; Aggravated Assault; Firearms not to be Carried without a License; and Recklessly Endangering Another Person (two counts), did knowingly and unlawfully possess a .40 caliber Sig Sauer handgun and ammunition. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
For Byrd’s offense, the law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Pittsburgh Bureau of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the indictment in this case. This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pair Sentenced on Federal Conspiracy ChargesRead the Press Release
Abingdon, VIRGINIA – A pair of men from India, who made cold calls to the United States for the purpose of selling versions of pharmaceutical drugs illegal in the United States, including controlled substances, were sentenced yesterday in the United States District Court in Abingdon to federal conspiracy charges, Acting United States Attorney Rick A. Mountcastle announced.
Alok Kailashnath Jaiswal, 32, of Azangarh, India, and Rahil Parvez Mir, 25, of Mumbai, India, previously waived their right to be indicted and pleaded guilty to one count of conspiracy to commit offenses against the United States: Specifically, to illegally distribute controlled substances, to fraudulently and knowingly import into the United States any merchandise contrary to law, and to introduce into interstate commerce a drug that was misbranded, with the intent to defraud and mislead.
Yesterday in Federal Court, Jaiswal and Mir were sentenced to time served and were ordered to be deported. The court also imposed a $30,000 forfeiture which was paid by the defendants.
Jaiswal and Mir made cold calls from India to individuals in the United States to solicit orders for versions of pharmaceutical drugs, including controlled substances, which were not approved for sale in the United States. The defendants then obtained payment, typically via wire transfer, from the United States purchasers and illegally shipped the drugs to recipients in the United States.
A law enforcement officer, working in an undercover capacity in the Western District of Virginia, made several purchases from Jaiswal and Mir. The substances shipped included acetaminophen with codeine (Schedule III), lorazepam (Schedule IV), human growth hormone, sildenafil and tadalafil.
The investigation of the case was conducted by the U.S. Food and Drug Administration – Office of Criminal Investigations with the assistance of the Drug Enforcement Administration’s Drug Diversion Office in New Delhi, India. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
New York Resident Charged with Providing Material Support to ISIS, Extradited to United StatesRead the Press Release
An indictment was unsealed today charging Mirsad Kandic, 36, a legal permanent resident of the United States who left the United States in 2013, with one count of conspiring to provide material support and resources to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, resulting in death, and five counts of providing and attempting to provide material support and resources to ISIS, including personnel, equipment and false documentation and identification, including one count resulting in death. The defendant was extradited to the United States from Bosnia and Herzegovina yesterday and is scheduled to be arraigned at 2:00 p.m. before U.S. District Judge Nicholas G. Garaufis at the federal courthouse in Brooklyn, New York.
Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Bridget M. Rohde for the Eastern District of New York, Assistant Director in Charge William F. Sweeney, Jr., of the FBI’s New York Field Office and Commissioner James P. O’Neill of the NYPD announced the extradition and charges.
“As part of his support for ISIS, the defendant traveled overseas and, while abroad, recruited and facilitated the travel of foreign fighters to join the terrorist organization,” said Acting Assistant Attorney General Boente. “The National Security Division will continue to use all its tools to disrupt the flow of foreign fighters and bring to justice those who provide material support to foreign terrorist organizations.”
“As alleged, defendant Kandic abandoned the United States, his adopted country, and joined ISIS, a violent terrorist organization opposed to the U.S. and its interests,” stated Acting U.S. Attorney Bridget M. Rohde. “From Turkey, he proceeded to recruit others to join ISIS, swelling their ranks and helping them commit terrorist acts such as suicide bombings. Together with our law enforcement partners, we will continue to prosecute ISIS members, as well as other terrorists, to the fullest extent of the law.” Ms. Rohde thanked the authorities of Bosnia and Herzegovina, the FBI Legal Attaché’s Office in Sarajevo, and the Department of Justice’s Office of International Affairs, for their assistance in the investigation and effecting the defendant’s extradition.
“As alleged, at the same time Kandic lived freely among us in New York, he expressed a desire to travel overseas to kill or maim U.S. military forces,” stated Assistant Director in Charge Sweeney. “Kandic eventually put his desire in action when he traveled to Turkey to join ISIS, and from there he set about recruiting others, including Jake Bilardi, to support his cause. Just prior to Bilardi successfully detonating a suicide bomb in Ramadi, Kandic told Bilardi he hoped Bilardi’s victims’ organs would ‘implode,’ and just after the attack, Kandic publicized it on Twitter. Kandic is now back in New York, no longer living freely among us, but rather in federal custody to face justice. ”
As alleged in the indictment and other court filings, prior to November 2013, while living in the Bronx and Brooklyn, Kandic expressed the desire to travel overseas to engage in “jihad” against U.S. military forces to obtain martyrdom. In December 2013, Kandic traveled to Istanbul, Turkey, and joined ISIS. From there, Kandic recruited individuals from the United States, the United Kingdom, Australia and elsewhere, to travel to ISIS-controlled territory in Syria and Iraq and serve as foreign fighters. In online communications with an associate, Kandic stated he worked in ISIS’s Border Office in Turkey and was part of a team that conducted background checks of foreign fighters seeking to join ISIS in Syria. Kandic told associates that he traveled to and from ISIS-controlled territory, including Raqqa, Syria, in connection with his work with ISIS. In a recorded voice memo from Kandic to an associate, Kandic stated, “I have a lot of Mujahideen in Europe, a lot,” and “I sent out over 20,000 brothers . . . to Sham.” “Mujahideen” refers to fighters. “Sham” is frequently used by ISIS members to refer to the region of the Levant, including Syria.
One of the individuals Kandic assisted was Jake Bilardi, an 18-year-old Australian citizen who traveled from Melbourne, Australia, to Istanbul, Turkey, in August 2014. A few days before Bilardi flew to Turkey, Kandic sent Twitter messages instructing Bilardi to stand in a particular section of an airport in Istanbul. Kandic informed Bilardi that he would send someone to meet him there. From Turkey, Bilardi traveled to ISIS-controlled territory in Syria and Iraq. Kandic continued to communicate with Bilardi and encouraged him to follow through with his plan to commit a suicide attack in Iraq. In early March 2015, Bilardi informed Kandic via Twitter that he “just went to look at my target today for my operation.” Kandic replied, “May Allah reward you immensely.” Kandic later added: “May Allah make there [sic] inner organs implode.” On March 11, 2015, Bilardi committed a suicide bombing in Ramadi, Iraq. Kandic publicized the attack via Twitter.
Kandic also worked to further ISIS’s media and propaganda operations. Kandic set up and used over 100 Twitter accounts to provide updates about ISIS attacks and territorial gains, which announcements were close in time to when the events occurred.
If convicted, Kandic faces a maximum sentence of life imprisonment. The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
Trial Attorneys Jennifer Levy and Jolie Zimmerman of the National Security Division’s Counterterrorism Section, and Assistant U.S. Attorneys Saritha Komatireddy, Tiana A. Demas and J. Matthew Haggans of the Eastern District of New York are prosecuting this case.
New York Man Pleads Guilty to Selling Misbranded Animal Drugs Containing SteroidsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Alain Lamontagne, 55, of Middletown, New York, pleaded guilty today in U.S. District Court to introducing into interstate commerce misbranded animal drugs.
According to court documents, Lamontagne operated a New York business that sold dietary supplements, tack supplies and intravenous drugs for horses. The Federal Food, Drug and Cosmetic Act regulates the manufacturing and distribution of drugs intended for humans and animals. The law prohibits the introduction into interstate commerce drugs that are adulterated or misbranded. A misbranded drug is one that contains a label that is false or misleading.
In March and May of 2017, Lamontagne sold two bottles of intravenous horse drugs to an undercover Food and Drug Administration (FDA) agent who was posing as a Maine horse trainer. The drug bottles shipped to Maine by Lamontagne bore fictitious labels that listed no active ingredients and falsely represented that the drugs were manufactured by a real pharmacy in Ontario, Canada. The drugs were tested by the FDA laboratory and found to contain stanozolol, an anabolic steroid.
“Distributing misbranded and adulterated animal drugs containing steroids to increase the performance of racehorses endangers the health and safety of those animals,” said Jeffrey J. Ebersole, Special Agent in Charge, FDA, Office of Criminal Investigations’ (OCI) New York Field Office. “We will continue to pursue and bring to justice those who subvert FDA’s requirements, which are designed to ensure, among other things, that animal drugs are safe and effective for their intended uses, as well as properly labeled.”
The defendant faces up to one year in jail and $100,000 fine on each of the two counts. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
This case was investigated by the FDA, OCI.
New York Man Indicted on Sex Trafficking and Drug ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Vincent Graham, a/k/a “Shawn” and “Mac,” 33, of Bronx, New York, was indicted yesterday by a grand jury and charged with sex trafficking, drug distribution and transporting individuals in interstate commerce intending that they engage in prostitution.
Graham faces between 15 years and life in prison on the sex trafficking charges, up to 20 years on the drug charges and up to 10 years on the transportation counts. He also faces fines of up to $250,000 on the sex trafficking and transportation counts and up to $1,000,000 on the drug counts.
The case was investigated by the Biddeford Police Department; the Maine Drug Enforcement Agency; U.S. Immigration & Customs Enforcement’s Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Federal Bureau of Investigation; as part of Maine’s Anti-Trafficking Coordination Team (ACTeam) Initiative, an interagency federal law enforcement initiative aimed at streamlining the investigation and prosecution of federal human trafficking offenses.
An indictment is merely an accusation and a defendant is presumed to be innocent unless proven guilty in a court of law.
New Jersey Woman Pleaded Guilty to Wire FraudRead the Press Release
Tracey Moses, 48, of Sicklerville, New Jersey entered guilty pleas today to all counts of a ten-count indictment charging her with wire fraud, announced Acting United States Attorney Louis D. Lappen. At the guilty plea hearing, before the Honorable C. Darnell Jones II, defendant Moses admitted that from August 2010 until early December 2013, when she was fired for suspected embezzlement, she worked as an accounting and payroll administrator for a market planning and research firm in Philadelphia, M. Davis & Company. The defendant admitted further that from April 2011 until late October 2013, she schemed to defraud her employer by writing herself unauthorized electronic checks drawn on three of the company’s bank accounts, in the total amount of approximately $117,000. Defendant Moses admitted further that in a separate scheme, she also defrauded the Commonwealth of Pennsylvania Department of Labor by applying for and obtaining unemployment benefits while she was actually working for M. Davis & Company and her next two employers, two temporary agencies.
The district court scheduled sentencing for February 14, 2018. Defendant Moses faces a substantial prison term, restitution to the two victims of approximately $131,000, and a fine. She is also subject to criminal forfeiture proceedings.
The case was investigated by the Federal Bureau of Investigation and the United States Department of Labor - Office of the Inspector General, with assistance from the Pennsylvania Department of Labor and Industry Internal Audit Division, and is being prosecuted by Assistant United States Attorney Mary E. Crawley.
Monongalia County man sentenced for synthetic marijuana distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Stephen Graziano, 25, of Morgantown, West Virginia, was sentenced today to 36 months incarceration for distributing synthetic marijuana, United States Attorney William J. Powell announced.In July 2012 through April 2014, Stephen Graziano, owner and operator of X Hale Hookah Lounge in Morgantown, West Virginia, was distributing synthetic cannabinoids, commonly referred to as spice, K2, incense, or fake weed. Synthetic cannabinoids are designer drugs that resemble a controlled substance in molecular structure and actual or intended physiological effect.
Graziano pled guilty on March 27, 2017 to one count of “Conspiracy to Distribute a Controlled Substance Analogue.”
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Mississippi man sentenced to 48 months in prison for possessing child pornographyRead the Press Release
LAKE CHARLES, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Mississippi man was sentenced Monday to 48 months in prison for possessing child pornography on a computer at a Lake Charles RV park.
Jesse Easterling, 41, of Hattisburg, Miss., was sentenced by U.S. District Judge Dee D. Drell on one count of possession of child pornography. He was also sentenced to 10 years of supervised release and must register as a sex offender. According to the May 2, 2017 guilty plea, law enforcement agents identified the defendant as having child pornography in April of 2016 while he was staying at an RV park in Lake Charles. Law enforcement agents searched his property and found 72 videos of child pornography on his computer. Some of the videos were sexually explicit images of children under the age of 12. He also admitted during an interview that he had downloaded child pornography over the internet.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
The U.S. Department of Homeland Security and Louisiana State Police conducted the investigation. Assistant U.S. Attorney Dominic Rossetti prosecuted the case.
Metairie Man Sentenced for Destruction of Government PropertyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that BOBBY JOSEPH HAMMOND, age 38, of Metairie, was sentenced today after previously pleading guilty to a one-count Bill of Information for destruction of government property.
U.S. District Judge Ivan L.R. Lemelle sentenced HAMMOND to 9 months imprisonment, 2 years supervised release, and ordered to pay $1,330.69 restitution.
According to the court documents, on March 4, 2017, HAMMOND drove up to the south side of the Social Security Administration (SSA) Field Office located at 1616 Joe Yenni Boulevard in Kenner, exited his vehicle, and threw a rock through a second floor window. Damages totaled $1,330.69.
Acting U.S. Attorney Evans praised the work of the Federal Protective Services in investigating this matter.
Mercy Hospital Pays $1,514,000 to Settle False Claims Act AllegationsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank today announced that Mercy Hospital (“Mercy”), of Portland, has entered into a civil settlement agreement with the United States and the State of Maine in which it will pay $1,514,000 to resolve allegations that it violated the federal and Maine False Claims Acts. See United States v. Mercy Hospital, 17-cv-00429-JAW (D. Me.).
The settlement resolves allegations that Medicare and MaineCare were overbilled for urinalysis drug screening tests ordered and performed at the former Mercy Recovery Center in Westbrook, Maine, from 2011 through 2013. In October 2013, Mercy and its affiliate, Mercy Recovery Center, were acquired by Eastern Maine Healthcare Systems (“EMHS”).
The allegation was that Mercy falsely used a billing modifier code to receive payment for multiple same-day urinalysis drug screening tests at Mercy Recovery Center that did not arise from separate, medically necessary encounters with the same patients on the same days. The urinalysis drug screening tests should have been bundled and billed as one claim per each single patient encounter. Instead, Mercy separately billed for the urinalysis drug screening tests on a per-test basis. As a result, Medicare and MaineCare overpaid Mercy on multiple claims.
Mercy cooperated with the investigation. In addition, Mercy and EMHS implemented enhanced internal compliance measures in response to the overbilling issue. Federal and state authorities encourage health care providers to cooperate with its investigations of the possible submission of improper claims to federal and state programs.
The case was investigated by the Office of Inspector General for the United States Department of Health and Human Services.
Maryland man sentenced for making an illegal gunRead the Press Release
CLARKSBURG, WEST VIRGINIA – Ian Nigel Page, 44, of Crownsville, Maryland, was sentenced today to 51 months incarceration for making an unlawful firearm, United States Attorney William J. Powell announced.
Page pled guilty to one count of “Making an Unlawful Firearm” in June 2017. Page admitted to cutting the barrel of a Remington 12-gauge shotgun to less than 18 inches in Preston County, West Virginia in May 2015.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Preston County Sheriff’s Office investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Manchester Man Sentenced to Six Years in Prison for Bank RobberyRead the Press Release
CONCORD, N.H. - Justin M. Brady-Muller, 28, of Manchester, was sentenced to serve 72 months in federal prison for bank robbery, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on September 14, 2016, Brady-Muller entered a Bank of America branch office on Hooksett Road in Manchester and presented a teller a note stating "This is a robbery." The note demanded that the teller hand over all of the money in her drawer and stated that no one would get hurt as long as the teller did not include any dye packs or "funny money." Bank security images showed that the robber was wearing a sweatshirt with distinctive lettering. The teller complied with the demand note and the robber left the bank with both the money and the note. Police were able to preliminarily identify the robber as Brady-Muller on the basis of, among other things, tips from the public. A search warrant later executed on a car driven by Brady-Muller confirmed that preliminary identification when it yielded a hand-written demand note resembling the one described by the bank teller and a sweatshirt with the same distinctive lettering on the sweatshirt worn by the robber in the bank surveillance images.
Brady-Muller pleaded guilty on May 25, 2017.
In addition to the term of imprisonment, Brady-Muller’s sentence included (i) an order requiring him to pay back to Bank of America the money that he stole and (ii) a term of supervised release of three years during which he will have to abide by certain rules and conditions set by the court.
This matter was investigated by the Manchester Police Department with the assistance of the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Bill Morse.
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Local Law Enforcement Officers Honored for Commitment to Drug Abuse PreventionRead the Press Release
Two law enforcement officers from Iowa are being honored this week by the United States Attorney’s Offices for the Northern and Southern Districts of Iowa and the Drug Enforcement Administration (DEA) for their commitment to reducing drug abuse. The recipients of the 2017 Enrique S. Camarena Award are Deputy Inspector William (Kevin) Marshall of the United States Postal Inspection Service and Officer Christopher Wuebker of the Decorah Police Department.
The award is named after Enrique “Kiki” Camarena, who was an 11-year veteran agent of the DEA before being kidnapped, brutally tortured and then murdered in Mexico in 1985 while working undercover gathering information and evidence about drug lords. This award is presented each year to local law enforcement officers who best exemplify the qualities and principles for which Agent Camarena gave his life—specifically, making their communities a safer place to live through outstanding drug prevention and enforcement efforts.
This year’s award recipients have gone above and beyond the call of duty in pursuit of a drug-free community:
- United States Postal Inspector William (Kevin) Marshall has worked tirelessly to reduce drug abuse in the State of Iowa, and is a worthy recipient of this distinguished award. In just the past year, Inspector Marshall has assisted in over 120 drug‑related operations with nearly 40 different law enforcement agencies, resulting in the seizure and removal of nearly 80 pounds of methamphetamine, 90 pounds of marijuana, 4 pounds of cocaine, and over 4 pounds of heroin. In addition, Inspector Marshall was instrumental in developing a demonstrative exhibit labeled “What You Don’t See,” which teaches parents how to recognize signs of teenage drug abuse. Inspector Marshall is a mentor to young people, speaks about the dangers of drug abuse to students, and has continually demonstrated his passion for reducing drug abuse within the State of Iowa.
- Decorah Police Officer Christopher Wuebker’s commitment to reducing drug abuse through both enforcement and prevention makes him a worthy recipient of the Enrique Camarena Award. Through his service as a Decorah Police Officer and as a member of the Northeast Iowa Drug Task Force, Officer Wuebker played a critical role in over 100 drug-related prosecutions in northeast Iowa in the past few years. Recognizing the danger and difficulties facing children in homes where drug abuse is present, Officer Wuebker goes out of his way to connect children with resources they need to improve their situation. Officer Wuebker increases public awareness of drug abuse by speaking at schools and community organizations. His extraordinary passion for reducing drug abuse has made a difference in the lives of many young people, and has contributed to a safer community.
Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa, stated, “With opioid and prescription drug abuse at an all-time high, the work these officers do in drug abuse prevention is vital to the safety of our communities. Each recipient richly deserves the honor of receiving the Enrique S. Camarena award. Officer Wuebker demonstrated an admirable dedication not only to investigating and prosecuting drug crimes, but to educating the public of the risks of substance abuse. Officer Wuebker has spoken to college students, high school students, and parents to increase their awareness of the dangers these substances pose to our community.”
Southern District United States Attorney Marc Krickbaum added, “Postal Inspector Marshall’s work prevented hundreds of pounds of drugs from reaching the streets, including keeping more than four pounds of extremely dangerous heroin and opioids from intended recipients. Through tireless efforts, Inspector Marshall assisted in intercepting more than $3,000,000 worth of dangerous drugs in the last year alone.”
Darin T. Thimmesch, the Assistant Special Agent in Charge for the DEA commented on this year’s award, stating, “The DEA is committed to working with our law enforcement partners at all levels to reduce the availability and abuse of illicit drugs in the communities we serve. We are honored to be a part of this distinguished award presentation in memory of fallen DEA Special Agent Enrique S. Camarena. Special Agent Camerena gave his life fighting against the powerful drug cartels in Mexico while trying to protect the country he served from evils of drug distribution and abuse. This award exemplifies the outstanding investigative efforts of these law enforcement officers in disrupting the illegal activities of the drug trafficking organizations operating in and around the communities of northern Iowa, as well as preventing the further distribution of these highly addictive, deadly drugs.”
The Enrique S. Camarena Award is presented each year during Red Ribbon Week. Red Ribbon Week, observed this year from October 23-31, is an alcohol, tobacco, and drug prevention awareness campaign observed annually in the United States and was established in Agent Camarena’s memory.
Follow us on Twitter @USAO_NDIA and @USAO_SDIA.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
Las Cruces Felon Sentenced for Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Jesus Manuel Aguilar Jr., 55, of Las Cruces, N.M., was sentenced today in federal court to 46 months in prison followed by three years of supervised release for unlawfully possessing a firearm and ammunition.
Aguilar and co-defendant Thomas Julian Aguilera, 28, also of Las Cruces, were charged in a four-count indictment filed on Nov. 12, 2014. Aguilera was charged with unlawfully possessing a firearm on May 11, 2012, June 14, 2012, and July 11, 2012, and Aguilar was charged with unlawfully possessing a firearm on July 11, 2012. According to the indictment, the defendants committed the crimes in Dona Ana County, N.M. At the time, Aguilera was prohibited from possessing firearms or ammunition because he previously had been convicted of contributing to the delinquency of a minor, and Aguilar was prohibited from possessing firearms or ammunition because he previously had been convicted of distribution and possession of a controlled substance and being a felon in possession of a firearm.
On Feb. 15, 2017, Aguilar pled guilty to being a felon in possession of a firearm and admitted that on July 11, 2012, he sold a firearm to an undercover law enforcement agent. Aguilar acknowledged that he was prohibited from possessing firearms or ammunition on July 11, 2012, because of his status as a convicted felon.
Aguilera pled guilty to being a felon in possession of a firearm on April 16, 2015, and was sentenced on Sept. 24, 2015.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Dona Ana County Sheriff’s Office. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Knoxville Man Sentenced to 136 Months in Prison for Enticement and Attempted Enticement of a Minor to Engage in Illicit Sexual ActivitiesRead the Press Release
DES MOINES, Iowa - On October 20, 2017, United States District Court Judge Rebecca Goodgame Ebinger sentenced Alex Trent VanderVeer, 21, of Knoxville, Iowa, heather Jean Reekrto 136 months in prison for enticement and attempted enticement of a minor to engage in illicit sexual activities, announced United States Attorney Marc Krickbaum. VanderVeer will serve 30 years of supervised release following imprisonment and pay $100 to the Crime Victims’ Fund.
VanderVeer pled guilty to the charges on June 21, 2017. As part of his plea, VanderVeer admitted that approximately between February 20, and through approximately February 23, 2017, he used a facility of interstate commerce, namely the internet and internet-based services, to violate the federal statute. VanderVeer further admitted that he knowingly used the facility of interstate commerce with the intent to persuade or entice a 14-year-old female to engage in illegal sexual activity, namely sexual intercourse with an adult more than four years older. VanderVeer is awaiting trial in Jasper County on charges of sexual abuse of a 13-year-old minor.
This matter was investigated by the Department of Homeland Security, Homeland Security Investigations, Office of the Inspector General, Marion County Attorney’s Office, Marion County Sheriff’s Office, Knoxville Police Department, Jasper County Attorney’s Office, Newton Police Department, and Mid Iowa Narcotics Enforcement Task Force.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nation-wide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children.
Any persons having knowledge of a child being sexually abused are encouraged to call the 24-hour Iowa Sexual Abuse Hotline at 1-800-284-7821. The National Center for Missing and Exploited Children (NCMEC) also operates a Cyber Tip line at www.cybertipline.com that allows parents and children to report child pornography and other incidents of sexual exploitation of children by submitting an online form.
NCMEC also maintains a 24-hour hotline at 1-800-THE-LOST, and a website at www.missingkids.com. Complaints received by NCMEC that indicate a violation of federal law are referred to the law enforcement for appropriate action.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
Justice Department Requires Divestitures of Radio Stations in Boston, San Francisco and Sacramento as Part of Entercom’s Acquisition of CBS RadioRead the Press Release
The Department of Justice’s Antitrust Division announced today that it will require Entercom Communications Corp. to divest 13 radio stations in order for Entercom to proceed with its acquisition of CBS Radio, Inc.
The division filed a civil antitrust lawsuit today in the U.S. District Court of the District of Columbia challenging Entercom’s proposed acquisition of CBS Radio, and simultaneously filed a proposed settlement that would resolve the competitive harm alleged in the lawsuit.
“The required divestitures will protect competition for local businesses that advertise on radio stations in Boston, San Francisco and Sacramento,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “The elimination of this competition would have resulted in higher prices to businesses in these markets.”
The division alleged that the proposed transaction would have eliminated head-to-head competition between Entercom’s and CBS’s radio stations for the business of local and national advertisers on radio stations in the following markets: Boston, Massachusetts; San Francisco, California; and Sacramento, California.
The proposed settlement – which must be approved by the court – requires Entercom to divest the following radio stations to department-approved buyers:
- Boston
- WBZ AM, WBZ FM, WRKO AM, WKAF FM and WZLX FM
- San Francisco
- KOIT FM, KMVQ FM, KUFX FM and KBLX FM
- Sacramento
- KNCI FM, KYMX FM, KZZO FM and KHTK AM
Entercom is incorporated in the state of Pennsylvania, with its headquarters in Bala Cynwyd, Pennsylvania. CBS Radio, a wholly-owned subsidiary of CBS Corporation, is incorporated in the state of Delaware, with its headquarters in New York, New York. Entercom and CBS Radio own and operate a combined total of 244 broadcast radio stations in various metropolitan areas throughout the United States, including 23 of the top 25 markets.
As required by the Tunney Act, the proposed settlement, along with the department’s competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Owen Kendler, Chief, Media, Entertainment, and Professional Services Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Fourth Floor, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.
- Boston
Jury Convicts California Man of Meth ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a California man was convicted by a federal trial jury today for his role in a conspiracy to distribute methamphetamine that was shipped to Columbia, Mo., through the mail.
Dijon Rasheed Brown, 25, of Compton, Calif., was found guilty of participating in a conspiracy to distribute methamphetamine, of possessing methamphetamine with the intent to distribute and of being a felon in possession of a firearm.
Postal inspectors identified a suspicious parcel on Nov. 6, 2015, that was mailed from California to the residence of co-defendants Zachary Fennell, 39, and Melissa Guerra, 35, of Columbia, which was suspected to contain a controlled substance. Federal agents recovered 444.8 grams of pure methamphetamine, valued at more than $11,000, from the parcel inside a hollowed-out book.
Federal agents executed a controlled delivery of the parcel on Nov. 10, 2015. Officers conducting surveillance of the residence saw two men leave the house at approximately 9:55 a.m. in a white Chevrolet Suburban. The parcel was delivered at 10:04 a.m. and placed next to the front door. A man inside the residence was observed opening and closing the front door of the residence several times, viewing the package through the screen of the storm door.
The white Chevrolet Suburban, which had previously left the residence, was observed driving past the residence at approximately 10:31 a.m., conducting what appeared to be counter-surveillance. After passing the residence one time, the vehicle returned and parked in the driveway of the residence at approximately 10:33 a.m. Brown and the driver got out of the vehicle; Brown took the parcel off the front porch and brought it inside the residence. At approximately 10:36 a.m., Fennell was observed bringing the parcel back outside the residence and placing it next to the front door. Several occupants of the residence were observed sitting near the front porch.
Shortly thereafter federal agents, assisted by the Boone County Sheriff’s Department Special Weapons and Tactics (SWAT) team, approached the residence to execute the search warrant. Brown ran to the front door of the residence, opened it, and shut the door behind him. SWAT members were unable to breach the door as it had been reinforced. SWAT members entered at another location and agents saw Brown along with co-defendants Kameron Terrell Howard, 26, and Favbion D. Holmes, 40, both of Compton, Calif., running out the back door of the residence attempting to evade law enforcement. They hopped the backyard fence and continued running into an area of overgrown vegetation. Holmes was apprehended a short distance on the other side of the fence. Howard and Brown were apprehended hiding in a pool shed approximately one-quarter to a half-mile away, after a brief manhunt which resulted in the lockdown of a nearby elementary school. Fennell was apprehended in the front yard of the residence. Guerra was apprehended inside the residence.
Law enforcement officers also located three loaded firearms inside the residence, a small amount of methamphetamine in the freezer and in an upstairs bedroom dresser, and various documents that appeared to be ledgers for narcotics transactions.
Among the firearms found inside the residence was a Hi-Point 9mm handgun, which was located in a bedroom used by Brown. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Brown has prior felony convictions for robbery and illegally possessing a firearm.
Following the presentation of evidence, the jury in the U.S. District Court in Jefferson City, Mo., deliberated for less than two hours before returning the guilty verdicts to U.S. District Judge Stephen R. Bough, ending a trial that began Monday, Oct. 30, 2017.
Seven co-defendants in this case have pleaded guilty and await sentencing. Additionally, Howard pleaded guilty and was sentenced to 15 years in federal prison without parole. Calvanisha Yvette West, 27, of California, pleaded guilty and was sentenced to one year and one day.
Under federal statutes, Brown is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Jim Lynn and Ashley S. Turner. It was investigated by the FBI, the U.S. Postal Inspection Service, the Columbia, Mo., Police Department and the Boone County, Mo., Sheriff’s Department.
Inmate at Lewisburg Federal Prison Sentenced to an Additional Nine Years in Prison for Assaults on Other InmatesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kyle Stevens, age 27, formerly of Baltimore, Maryland, and currently a federal inmate at the United States Penitentiary at Lewisburg, was sentenced on October 31, 2017, by U.S. District Court Judge Matthew W. Brann, to serve an additional 110 months in prison for two separate assaults on other inmates with a homemade weapon.
According to United States Attorney Bruce D. Brandler, Stevens previously admitted to two counts of assault with a dangerous weapon. The charges stem from separate incidents in February 2015 and February 2016 in which Stevens assaulted other inmates with a sharpened piece of metal, commonly known as a “shank.”
Stevens was previously indicted by a federal grand jury in July 2016, on the assault charges. He is presently serving a sentence of 32 years in prison on the charge of possession of a firearm in furtherance of a drug trafficking conspiracy resulting in death. That offense occurred in 2013 in Baltimore, Maryland. The sentence which Stevens received yesterday will be served in addition to that sentence.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
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Indictment: Wellington Woman Worked While Collecting Disability BenefitsRead the Press Release
WICHITA, KAN. – A Wellington woman was indicted Wednesday on federal charges of collecting more than $92,000 in Social Security disability benefits while she was working, U.S. Attorney Tom Beall said. In addition, she was charged with misusing a credit card belonging to her church to obtain cash and buy merchandise for herself.
Amy D. McLain, 49, Wellington, Kan., was charged with one count of Social Security fraud, one count of theft of government funds, two counts of making false statements and one count of wire fraud.
Her husband, Jeffrey L. McLain, 48, Wellington, Kan., was charged with one count of Social Security fraud and one count of theft of government funds. Her employer, Scott Kreifels, 57, Wellington, Kan., was charged with one count of Social Security fraud and one count of theft of government funds.
The indictment alleged that Amy McClain was working for Kreifels Communications and Rural 2.4 Ghz, Inc., both owned by Kreifels, while receiving disability benefits. The three defendants agreed that Amy McLain’s paychecks would be issued in her husband’s name. While receiving benefits, Amy McLain filed federal paperwork stating that she did not have a job.
In addition, the indictment alleges Amy McLain used a credit card belonging to the First Baptist Church in Wellington to obtain cash and to buy merchandise including makeup, perfume, purses and meals.
Upon conviction, the crimes carry the following penalties:
Social Security fraud, theft of government funds, making a false statement: Up to five years in federal prison and a fine up to $250,000 on each count.
Wire fraud: Up to 20 years in federal prison and a fine up to $250,000.
The Social Security Administration investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
OTHER INDICTMENTS
Jerry D. Burns, 55, Wichita, Kan., was charged with drug trafficking in a 15-count indictment.
Charges included possession with intent to distribute methamphetamine, unlawful possession of firearms following a felony conviction, unlawful possession of firearms in furtherance of drug trafficking and possession with intent to distribute marijuana. The crimes were alleged to have occurred in 2017 in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute more than 50 grams of methamphetamine: Not less than 10 years in federal prison and a fine up to $10 million.
Unlawful possession of a firearm: Up to 10 years and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Possession with intent to distribute more than five grams of methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million.
Possession with intent to distribute marijuana: Up to 20 years and a fine up to $1 million.
The Wichita Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Julian Lopez, Jr., 39, Wichita, Kan., was charged with one count of possession with intent to distribute cocaine, one count of unlawful possession of a firearm following a felony conviction and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Oct. 19, 2017, in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute cocaine: Up to 20 years in federal prison and a fine up to $1 million.
Unlawful possession of a firearm by a felon: Up to 10 years and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Up to 10 years and a fine up to $250,000.
The Wichita Police Department and the Drug Enforcement Administration investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Matthew Lee Fleming, 27, Wichita, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred July 10, 2017, in Wichita, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Joseph Shane Allen, 42, Pierceville, Kan., is charged with drug trafficking in a six-count indictment.
Charges include possession with intent to distribute methamphetamine, unlawful possession of a firearm in furtherance of drug trafficking, unlawful possession of ammunition following a felony conviction, possession of materials and equipment used to manufacture methamphetamine and possession of chemicals used to manufacture methamphetamine. The crimes are alleged to have occurred Sept. 28, 2017 in Pawnee County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million.
Possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Unlawful possession of ammunition following a felony conviction: Up to 10 years and a fine up to $250,000.
Possession of materials or equipment to produce methamphetamine: Up to 10 years and a fine up to $250,000.
Possession of chemicals used to produce methamphetamine: Up to 20 years and a fine up to $250,000.
The Finney County Sheriff’s Office and the Pawnee County Sheriff’s Office investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.
Juan Jose Soto-Urena, 35, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Oct. 13, 2017, in Sedgwick County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforce Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Illegal Alien Sentenced to Prison on Federal Firearms Trafficking ChargesRead the Press Release
Gulfport, Miss. – Paula Villalva-Patricio, 57, a citizen of Mexico, was sentenced on October 26, 2017, by U.S. District Judge Sul Ozerden, to 180 months in federal prison for smuggling firearms and ammunition from North Carolina to Mexico, announced U.S. Attorney Mike Hurst and Raymond Parmer, Jr., Special Agent in Charge of Immigration Customs Enforcement, Homeland Security Investigations (HSI) in New Orleans.
In August 2011, a traffic stop by Jackson County Sheriff’s Deputies led to the discovery of two firearms and flak jackets hidden in a spare tire. As a result, Homeland Security agents opened an investigation. A subsequent traffic stop of the same truck in November 2011 uncovered an additional 28 firearms and 900 rounds of ammunition secreted under the truck bed. Further investigation led to the indictment of Villalva-Patricio in September 2012. She was apprehended in November 2016, while crossing into the United States at the border in San Diego, California.
In July 2017, a jury found Villalva-Patricio guilty of conspiracy to commit offenses against the United States, attempting to smuggle firearms out of the United States in violation of regulations and laws, and transporting or delivering firearms to a person who does not reside in the same state.
This case is the result of an investigation led by the Homeland Security Investigations Gulfport office in partnership with the Jackson County Sheriff’s Department.
The case was prosecuted by Assistant U.S. Attorneys Annette Williams and Kathlyn Van Buskirk.
Houston Resident Convicted on Multiple Child Pornography ChargesRead the Press Release
HOUSTON – A 28-year-old man from Houston has entered a guilty plea to all counts as charged - distribution, receipt and possession of child pornography, announced Acting U.S. Attorney Abe Martinez.
Samier Patrick Clark first came to the attention of law enforcement in September 2016 after multiple images of child pornography were found associated with his online account. Authorities discovered Clark used a peer-to-peer network to obtain child pornography and later conducted a search of his residence, leading to the discovery of 68 videos and 143 images. Some of the images are of known victims identified through the National Center for Missing and Exploited Children.
Clark admitted ownership of the child pornography as well as the online account and computer media he used to obtain it.
During the plea hearing today, Clark admitted to using peer-to-peer software to search for, download and obtain child pornography. He also admitted to distributing the child pornography through his online account.
Sentencing has been set for Jan. 23, 2018, before U.S. District Judge David Hittner. At that time, Clark faces a minimum of five and up to 20 years imprisonment for distribution and receipt of child pornography as well as a maximum of 10 years for the possession conviction. Each count also carries a possible $250,000 maximum fine. Clark will also be required to register as a sex offender.
Following the hearing today, Judge Hittner revoked Clark’s bond and ordered him into custody where he will remain pending his sentencing hearing.
The FBI conducted the investigation.
Assistant U.S. Attorney Julie N. Searle is prosecuting the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Harrison County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Clarksburg, West Virginia man admitted to a firearms violation, United States Attorney William J. Powell announced.
Frank Everett Horner, III, age 24, pled guilty to “Unlawful Possession of a Firearm by a Drug User.” Horner admitted to possessing a .45-caliber pistol and a .25-caliber pistol in January and February 2017 in Harrison County.
Horner faces up to ten years in prison 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 Andrew R. Cogar is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.Grand Forks Woman Sentenced for her Role in the Flying J Truck Stop Murder in Grand Forks, NDRead the Press Release
FARGO – U.S. Attorney Christopher C. Myers announced that on October 31, 2017, Krystal Lynn Feist, age 32, of Grand Forks. ND, was sentenced before U.S. District Judge Ralph R. Erickson to serve 30 years in federal prison, to be followed by 5 years of supervised release, for her role in the drug conspiracy and murder in furtherance of the conspiracy. Judge Erickson further sentenced Feist to pay a $300 special assessment to the Crime Victims’ Fund.
Law enforcement’s investigation into the murder of Austin Forsman at the Flying J Truck Stop in Grand Forks, ND, in the early morning hours of March 11, 2016, resulted in the Indictment of 13 conspirators in connection with a methamphetamine ring in the Grand Forks area. Feist, together with Modesto Torrez, were charged with the murder of Forsman, as well as the drug trafficking conspiracy. Torrez was found guilty after a jury trial of drug trafficking conspiracy and murder in furtherance of the drug trafficking conspiracy as well as obstruction of justice. Torrez is scheduled to be sentenced on December 1, 2017, in Fargo.
This case was investigated by the Grand Forks Police Department, Grand Forks Narcotics Task Force, North Dakota Bureau of Criminal Investigation, and the U.S. Department of Homeland Security – Homeland Security Investigations.
This case was prosecuted by U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Jake Rodenbiker, and Special Assistant U.S. Attorney Jeremy Ensrud.
http://www.usdoj.gov/usao/nd/
Four Men Federally Indicted for Retaliating Against a Cooperating WitnessRead the Press Release
United States Attorney Gregory J. Haanstad announced today that a federal grand jury had indicted the following four men for retaliating against an individual they believed to be a federal informant: Jose E. Lazcon (22) and Rashawn T. Bumpus (22) of Racine, Wisconsin, Derrick L. Harris (26) of Chicago, Illinois, and Michael A. Bonds (29) of Dolton, Illinois.
Each defendant is charged with conspiracy to obstruct justice by retaliating against a witness in a federal case. Harris and Lazcon are also charged with obstruction of justice by attempting to kill the witness in August 2017 and with discharging a firearm during that crime. If convicted of the conspiracy to obstruct justice by retaliating against the witness, each man faces up to 20 years in prison. If convicted of attempting to kill the witness, Lazcon and Harris each would face a maximum of 30 years in prison. Finally, if convicted of discharging a firearm, Lazcon and Harris each would face a mandatory minimum of 10 years in prison and a maximum of life in prison, terms which must run consecutively to any other sentence.
All four men are in custody and awaiting trial before United States District Judge J.P. Stadtmueller. At their detention hearings, United States Magistrate Judge Nancy Joseph discussed the severity of an attempted attack on a suspected cooperating witness and noted how these types of crimes can impede the entire justice system, particularly if people are fearful of testifying or cooperating with law enforcement.
“Conduct like that alleged in the indictment strikes at the foundation of our criminal justice system,” said United States Attorney Haanstad. “That system depends on the ability of witnesses to provide truthful information about criminal activity without fear of retribution.”
Special Agent in Charge of the FBI Milwaukee Division, Justin Tolomeo said, “We take any threats to witnesses seriously. Those who seek to retaliate by intimidating or harming individuals who cooperate with law enforcement will be investigated, arrested and referred to prosecutors without delay.”
The matter was investigated by the Federal Bureau of Investigation (FBI) South Eastern Wisconsin Regional Gang Task Force, the Racine Police Department, and the Mount Pleasant Police Department.
The case is being prosecuted by Assistant United States Attorneys Margaret B. Honrath and Bridget J. Domaszek.
An indictment is merely the formal method of charging an individual and does not constitute inference of his or her guilt. An individual is presumed innocent until such time, if ever, that the government establishes his or her guilt beyond a reasonable doubt.
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