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11 December 2017
Three convicted by jury of taking job training money and using it to fund lavish lifestylesRead the Press Release
A jury convicted three people of taking federal money earmarked for job training and instead using the money to pay for personal expenses, including vacations, investments, real estate purchases and salaries for people who did not work at the company, said U.S. Attorney Justin E. Herdman and IRS Special Agent in Charge Ryan Korner.
James D. Moody, 57, of Toledo, Victoria Hawkins, 30, of Grand Rapids, Michigan, and Angela Bowser, 46, of Toledo, were convicted on all counts for their activities related to Toledo-based Business Rehabilitation Informed Decisions Guiding Employment Strategies, Inc. d/b/a B.R.I.D.G.E.S., Inc..
They are scheduled to be sentenced April 10, 2018.
Company founder and general manager Daniel E. Morris, 68, of Maumee, pleaded guilty last month to his crimes and is scheduled to be sentenced February 22, 2018.
“These defendants stole millions of dollars targeted to help the least among us learn job skills, and instead used the money to fund lavish lifestyles and pay for no-show jobs,” Herdman said. “They ripped off taxpayers and betrayed the trust placed in them.”
“This was a transparent scheme to defraud the taxpayers of Northwest Ohio,” Korner said. “Today’s guilty verdicts brings justice to thieves who enriched themselves on the backs of those struggling to survive.”
According to court documents and trial testimony:
BRIDGES operated at 242 Reynolds Road and 310 Reynolds Road. The company was in the business of providing work placement and work training services to public assistance recipients, and nearly all of its revenue came from public funds.
Morris was the co-founder and general manager of BRIDGES. Moody was co-founder and sole-shareholder. Hawkins was an employee from 2008 through 2012, while Bowser was an employee from 2008 through 2014.
BRIDGES was funded through the Temporary Assistance for Needy Families (TANF) program. TANF was a welfare program that provided cash assistance to qualifying households with minor children or pregnant women. TANF provided federal block grants to states each year to cover benefits, administrative expenses and services targeted to needy families.
One of TANF’s goals was reducing the dependency of needy parents by promoting job preparation, work and marriage. TANF recipients must work as soon as they are job ready and no later than two years after commencing assistance. BRIDGES placed public assistance recipients at “job sites,” where the recipients would work for free to obtain job training and as a condition of receiving public assistance benefits like cash assistance or SNAP benefits (formerly food stamps).
BRIDGES received more than $15.7 million in funding from several entities between 2004 and 2015, including the Ohio Department of Job and Family Services, the Lucas County Department of Job and Family Services, Ohio Works First and others. This funding was based in part on BRIDGES’ grant proposals. The majority of BRIDGES’ stated administrative costs were payroll and transportation.
BRIDGES provided job training and work placement services but at substantially lower costs than those stated in its budgets and invoices. The defendants fraudulently inflated BRIDGES payroll costs, transportation and mileage.
Morris, BRIDGES and others maintained false personnel files, timesheets, mileage records and reimbursement forms for nonexistent employees. They included fake, former or nonexistent employees on the payroll. For example, BRIDGES paid Moody a salary even though he did not work there, and later continued to pay him by issuing payroll checks to Moody’s wife.
During trial, Moody testified that he placed the salary in his wife’s name in order to distance himself from BRIDGES while running for mayor in 2009 and so that she could receive Social Security benefits despite not otherwise being eligible. Moody also received non-payroll checks, which he used to purchase and rehabilitate an investment property in Toledo, purchase an interest in his real estate company, Flex Realty, and pay for legal fees.
BRIDGES, Morris, Moody, Hawkins and Bowser used TANF funds to pay for personal living expenses including groceries, dental care, medical care, resort vacations, pharmaceuticals, clothing, toys, designer bags, furniture, video streaming services, credit card bills, legal fees unrelated to BRIDGES’ business, tattoos, cosmetic surgery, real estate, vehicles, investments and jewelry, according to court documents and trial testimony.
For example, between February 2013 and October 2014, Hawkins accessed a BRIDGES business account to make approximately $18,200 in cash withdrawals. Hawkins also had access to a debit card through which she accessed and spent approximately $750,000 in a two-year timeframe. Hawkins and co-defendant Morris also purchased two houses, including a $400,000 house in the Point Place neighborhood of Toledo.
Bowser, a program manager at BRIDGES, received numerous non-payroll checks from the company, some of which were used to purchase a house in Toledo. Bowser continued to receive bi-weekly payments from the company after she stopped working there in 2014.
Each defendant was convicted of conspiracy to commit federal program theft, conspiracy to commit money laundering offenses, substantive federal program theft counts, and substantive money laundering counts.
Morris pleaded guilty to conspiracy to commit federal program theft and mail fraud, aggravated identity theft, conspiracy to commit money laundering, and willful failure to pay over withheld payroll tax.
The case is being prosecuted by Assistant U.S. Attorneys Noah P. Hood and Gene Crawford following an investigation by the Internal Revenue Service-Criminal Investigations with the assistance of the Ohio Auditor of State’s Office, Public Integrity Assurance Team.
Three Men Charged in Federal Court with Narcotics Offenses Relating to 13 Kilograms of Cocaine and Nearly 19,000 Envelopes of Heroin in YonkersRead the Press Release
Joon H. Kim, Acting United States Attorney for the Southern District of New York, James J. Hunt, Special Agent in Charge of the Drug Enforcement Administration, New York Division (the “DEA”), and Charles Gardner, Yonkers Police Department Commissioner (the “YPD”), announced today the arrest of ANSLEY R. ESTRELLA, RONALD E. LEON, and LUIS OSCAR REYES relating to 13 kilograms of cocaine and nearly 19,000 glassines of heroin in a house in Yonkers. ESTRELLA, LEON, and REYES were all charged Friday in a complaint with conspiracy to distribute and possess with intent to distribute more than five kilograms of cocaine and more than one kilogram of heroin.
Acting U.S. Attorney Joon H. Kim said: “After receiving a call about suspicious activity near a house in suburban Yonkers, responding officers allegedly discovered massive quantities of cocaine and heroin, as well as drug paraphernalia, in that home. We commend our law enforcement partners for their swift and effective response to this potentially dangerous situation, and the citizens who notified them when something just didn’t look right. Citizens can play an important role in keeping dangerous drugs, including opioids, off our streets.”
DEA Special Agent in Charge James J. Hunt stated: “A Parent’s worst fear is a heroin dealer setting up shop next door. This case is a reminder that drug traffickers’ greed outweighs the safety of their neighbors. Law enforcement is committed to keeping a vigilant eye out for drug dealers like these whose trafficking encourages heroin abuse, crime and drug related violence, allegedly.”
Yonkers Police Commissioner Charles Gardner said: “A thorough investigation conducted by the responding Yonkers police officers resulted in the discovery of a large scale narcotics distribution operation and the arrest of three individuals. We are working with our federal law enforcement partners on the follow-up investigation and the prosecution of these males. I would like to thank the U.S Drug Enforcement Administration and the U.S. Attorney’s office for their support and invaluable assistance.”
According to the allegations made in the Complaint:[1]
On the evening of December 7, 2017, YPD officers received a call indicating that three men had pushed a fourth man into a house in Yonkers, New York. YPD officers responded to the house, and saw ESTRELLA walk out of the house. The man said he lived in the house with his girlfriend, and that nobody was in the house. The officers could see – through the closed shades – silhouettes of people moving inside the house. Nonetheless, the man repeated that nobody was in the house.
As YPD officers approached the open front door, they saw REYES, with a surgical mask on, and then LEON, also with a surgical mask on, who had blood on his face. The YPD officers entered the house, where LEON denied being hurt.
YPD officers walked through the house to see if there were any additional people committing an ongoing crime or if there were victims in the house. In a room on the second floor, they found white powder, respiratory masks, and, in an open closet, a large number of glassine envelopes and scales.
In the garage, a YPD officer found a car with an open shopping bag, in which the YPD Officer could see what appeared to be bundles of decks of heroin.
The YPD officers placed ESTRELLA, LEON, and REYES under arrest. LEON had keys in his possession for the car in the garage.
The YPD obtained and executed a search warrant and did a full search of the house and the car in the garage, as well as two other cars. During that search, the YPD found, among other things, 13 kilogram-sized bricks of cocaine, 18,598 glassine envelopes containing heroin, 813 tan pills stamped “M30,” a number of plastic bags and clear knotted twists containing white chunky substances, a scale, five small grinders, assorted stamp pads and stamps, a metal kilogram press, and a money-counting machine.
The Complaint charges each of ESTRELLA, LEON, and REYES with one count of narcotics conspiracy, and one count of distribution and possession with intent to distribute controlled substances, and aiding and abetting the same.
* * *
Mr. Kim thanked the DEA and YPD for their outstanding work on the investigation.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorney Michael Maimin is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as allegations.
St. Charles Couple Indicted on Federal Drug ChargesRead the Press Release
St. Louis, MO – Anthony Domontay Marion, a/k/a “Bird,” 34, and Lauren Nicole Martinez, a/k/a “Nikki,” 29, were indicted on November 29th for allegedly distributing heroin to J.W. in February 2016, which caused his death. Both appeared last week before United States Magistrate Judge John M. Bodenhausen for their initial appearances.
If convicted, this charge carries a penalty range of 20 years to life in prison and/or fines up to $1 million. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated the Drug Enforcement Administration.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Spirit Lake Man with Prior Drug Conviction Sentenced to Federal Prison for Meth ConspiracyRead the Press Release
A man was sentenced today, December 11, 2017, to more than 10 years in federal prison.
Jesse Lee Wrinkle, 35, from Spirit Lake, Iowa, received the prison term after an August 3, 2017 guilty plea to one count of conspiracy to distribute methamphetamine.
In a plea agreement, Wrinkle admitted that he traveled to Council Bluffs, Iowa, to purchase methamphetamine. From November 2015 through April 2016, defendant made approximately twelve trips to Council Bluffs and picked up anywhere between one to three ounces of methamphetamine each time. On February 20, 2017, law enforcement conducted a traffic stop on Wrinkle and seized almost half a pound of methamphetamine, 61.1 grams of marijuana, and $1500. In addition, Wrinkle had a previous Dickinson County conviction for possession with the intent to distribute methamphetamine from 2016.
Wrinkle was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Wrinkle was sentenced to 121 months’ imprisonment. A special assessment of $100 was imposed. He must also serve a 5-year term of supervised release after the prison term. There is no parole in the federal system.
Wrinkle is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Ajay J. Alexander and investigated by the Dickinson County Sheriff’s Office, Iowa Division of Narcotics Enforcement, and Iowa Division of Criminal Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-4035-LTS.
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Sentri Pass Holder Admits Smuggling Deadly Fentanyl, Heroin, Oxycodone and other Narcotics into the U.S.Read the Press Release
Assistant U.S. Attorney Sherri Walker Hobson (619) 961-0287
NEWS RELEASE SUMMARY – December 7, 2017
SAN DIEGO – Oscar Vasquez-Alamilla of Spring Valley pleaded guilty in federal court today to smuggling multiple narcotics in his truck while driving through the Otay Mesa Port of Entry on September 26, 2017 through the SENTRI lanes.
Vasquez-Alamilla was a SENTRI (Secure Electronic Network for Travelers Response Inspection) pass holder, which allowed expedited clearance for pre-approved travelers upon arrival in the United States and further allowed travelers to use dedicated lanes into the United States at southern land border ports. SENTRI is a U.S. Customs and Border Protection (CBP) Program.
In pleading guilty today to four felony counts of importing controlled substances, Vasquez-Alamilla admitted that on September 26, 2017, he knew that he was smuggling 24.74 pounds of cocaine, 12.68 pounds of fentanyl, 13.71 pounds of heroin, and over 7,000 pills marked as oxycodone in his truck as he entered the SENTRI lanes at Otay Mesa Port of Entry. These drugs were found in his truck by Customs and Border Protection officers (CBP) at the Otay Mesa Port of Entry.
Because of Vasquez-Alamilla’s immigration status as a lawful permanent residence of the U.S., he acknowledged in court today that his guilty pleas to importing drugs would cause his deportation from the U.S. to Mexico.
Vasquez-Alamilla is scheduled for sentencing on March 12, 2018, at 9 a.m. before District Court Judge Larry A. Burns.
DEFENDANT Criminal Case No. 17CR3467LAB
OSCAR VASQUEZ-ALAMILLA Age: 34 Spring Valley, California
SUMMARY OF CHARGES
Count 1 – Importation of 6.22 kilograms of heroin (21 U.S.C. 952, 960)
Count 2 – Importation of 11.22 kilograms of cocaine (21 U.S.C. 952, 960)
Count 3 – Importation of 5.75 kilograms of fentanyl (21 U.S.C. 952, 960)
Count 4 – Importation of 7000 oxycodone pills (21 U.S.C. 952, 960)
Maximum penalties as to Counts 1, 2 and 3: 10-year minimum mandatory to life; fine of $1 million
Maximum penalty as to Count 4: 20 years maximum; fine of $250,000
AGENCIES
U.S. Customs and Border Protection
Homeland Security Investigations
Santa Fe Man Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Daniel M. Schiffmiller, 24, of Santa Fe, N.M., was sentenced last week in federal court in Albuquerque, N.M., for his conviction on firearms-related charges. Schiffmiller was sentenced on Dec. 6, 2017, to 19 months in prison followed by three years of supervised release.
The FBI arrested Schiffmiller on Oct. 21, 2016, on a criminal complaint that charged him with violating the federal firearms laws on Sept. 14, 2016, in Santa Fe County, N.M. According to the criminal complaint, on Sept. 14, 2016, FBI Special Agents seized a modified firearm that had no serial number when they executed a search warrant at Schiffmiller’s storage locker. At the time the FBI executed the search warrant, Schiffmiller was incarcerated at the Santa Fe County Adult Detention Facility.
Schiffmiller subsequently was indicted on Nov. 15, 2016, and was charged with possessing an unregistered firearm and possessing a firearm that had no serial number. According to court documents, Schiffmiller did not have any firearms registered to him in the National Firearms Registration and Transfer Record (NFRTR).
On July 3, 2017, Schiffmiller pled guilty to the indictment and admitted that on Sept. 14, 2016, he possessed a modified shotgun that was not registered to him in the NFRTR. He also admitted that the modified firearm did not have a serial number.
This case was investigated by the Santa Fe office of the FBI and was prosecuted by Assistant U.S. Attorney George C. Kraehe.
Rachael Zintgraff Joins United States Attorney’s OfficeRead the Press Release
U.S. Attorney R. Trent Shores announced today the appointment of Rachael F. Zintgraff as an Assistant United States Attorney with the Civil Division of the United States Attorney’s Office for the Northern District of Oklahoma. As a Civil Division AUSA, Ms. Zintgraff will represent the United States in general civil cases, defending the United States.
Ms. Zintgraff joins the U.S. Attorney’s Office from Atkinson, Haskins, Nellis, Brittingham, Gladd & Fiasco, P.C., where she was a partner focused on appellate advocacy and civil litigation. Ms. Zintgraff received her undergraduate degree from Oklahoma State University and her J.D. from the University of Tulsa College of Law, where she served as Editor-in-Chief of the Tulsa Law Review and graduated with highest honors. While a student at the University of Tulsa College of Law, Ms. Zintgraff worked as a legal intern in the U.S. Attorney’s Office.
“I am excited Rachael Zintgraff is joining our team. She will be an immediate contributor to the Civil Division and a zealous advocate for the United States,” said U.S. Attorney Shores.
Private Investigator Who Attempted to Illegally Obtain the President's Federal Tax Information Pleads GuiltyRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today the conviction of a private investigator who fraudulently used President Donald J. Trump’s personal identifying information, including his social security number, in an attempt to illegally obtain his federal tax information from the Internal Revenue Service
On December 11, 2017, JORDAN HAMLETT, age 32, of Sunset, Louisiana, pled guilty to false representation of a social security number before U.S. District Judge John W. deGravelles. HAMLETT faces a five-year term of imprisonment, fines, and a term of supervised release following imprisonment.
During his guilty plea, HAMLETT admitted that on September 13, 2016, he used the President’s social security number to begin an online Free Application for Federal Student Aid (“FAFSA”). After beginning the FAFSA, HAMLETT obtained a Federal Student Aid Identification, a combination of a username and password which allows students and parents to identify themselves electronically to access the FAFSA. Once HAMLETT obtained the Federal Student Aid Identification, he unlawfully used the Internal Revenue Service’s Data Retrieval Tool in an unsuccessful attempt to obtain the President’s federal tax information from IRS servers. In connection with his attempt to obtain the President’s federal tax information, HAMLETT admitted that he knowingly and falsely declared that the President’s social security number was his own.
Acting U.S. Attorney Amundson stated, “My office, together with our federal, state, and local partners, will continue to aggressively pursue those engaged in the proliferation of identity theft and cybercrime, particularly when involving attempts to fraudulently obtain sensitive information from federal government databases. I commend TIGTA, DOE-OIG, FBI, and the assigned prosecutors for their outstanding collective efforts on this important matter.”
“The protection of confidential taxpayer information is among the most important responsibilities of the Internal Revenue Service and my agency,” said J. Russell George, the Treasury Inspector General for Tax Administration. “TIGTA aggressively investigates attempts to illegally access Federal tax information. Mr. Hamlett’s guilty plea should serve as a reminder to those who attempt to steal sensitive taxpayer information that they will be held accountable. TIGTA would like to thank the U.S. Attorney’s Office and our law enforcement partners for their assistance with this successful prosecution.”
“I’m proud of our staff and our law enforcement colleagues whose efforts brought about today’s actions,” said Robert Mancuso, Special Agent in Charge of the U.S. Department of Education, Office of Inspector General, Technology Crimes Division, the OIG unit that works to protect U.S. Department of Education programs and network infrastructure by investigating technology crimes. “Mr. Hamlett’s guilty plea should serve as a warning to anyone who misuses the personally identifiable information of others to access protected computer systems for unlawful purposes: you will be caught and held accountable for your criminal actions.”
FBI New Orleans Field Office Special Agent-in-Charge Eric J. Rommal stated: “The FBI will continue to work with our law enforcement partners to protect our country’s information systems from exploitation and to investigate those who would seek to gain from doing so.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the Treasury Inspector General for Tax Administration, and the U.S. Department of Education, Office of Inspector General, Technology Crimes Division, with valuable assistance from the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Ryan Rezaei and Alan Stevens.
The U.S. Attorney’s Office—Cyber Security Initiative
United States v. Hamlett is being prosecuted as part of the USAO’s ongoing Cyber Security Initiative. Begun in 2016, the Cyber Security Initiative brings together resources from various federal, state, and local law enforcement agencies, in an effort to investigate and prosecute cyber crime. As a result of the initiative, the USAO has significantly increased the number of cyber investigations and prosecutions. Earlier this year, in United States v. Johnson, the USAO secured a 34-month federal prison sentence for a former systems administrator who hacked into the computer system of a Georgia-Pacific plant located in Port Allen, Louisiana.
The USAO will continue to investigate and prosecute all those who commit cyber crime. For more information about the USAO’s Cyber Security Initiative, please contact Assistant U.S. Attorney Ryan Rezaei at (225) 389-0443.
PSN Brings Firearms Prosecution Training to BPD Officers Working in Public Housing CommunitiesRead the Press Release
BIRMINGHAM – The U.S. Attorney’s Office through Project Safe Neighborhoods will provide training Wednesday on federal and state firearms prosecution to Birmingham Police officers who work with Birmingham’s housing authority or patrol in its communities, announced U.S. Attorney Jay E. Town.
The U.S. Attorney’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Jefferson County District Attorney’s Office are providing the training at the request of the Housing Authority of the Birmingham District to help curb gun violence within the agency’s public housing and surrounding communities. The training will be from 11 a.m. to 3 p.m. Wednesday in the City Council Chamber at Birmingham City Hall.
“Training for our state and local partners is a key component of our PSN strategy, and we are especially pleased to be working with the Housing Authority on reducing crime on and near their properties,” Town said. “Our success in both crime prevention and enforcement will rid these communities of their worst offenders while providing a safe environment for the families who live there,” he said.
“We are extremely pleased to begin this partnership with the U.S. attorney to share resources that are designed to protect our citizens,” said HABD President and CEO Michael Lundy. “Protecting our residents is a shared responsibility, and these creative approaches will help us achieve this goal. This is about saving lives and improving the quality of life for thousands of our neighbors in public housing who seek the same peace that we all desire and deserve.”
PSN is a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent and deter gang and gun violence nationwide. The Department of Justice began PSN in 2001 and Attorney General Jeff Sessions in October announced steps to strengthen the program, directing all U.S. attorneys to implement a violent crime reduction program incorporating law enforcement and community partnerships, targeted enforcement in high-crime areas, training, and crime-prevention strategies.
HABD Public Safety Director Jeffrey Gorley contacted the U.S. Attorney’s Office seeking new ways to collaborate with law enforcement to address violence in and near public housing in Birmingham. HABD pays for additional police service in its 14 housing communities. Those officers are the High Intensity Community Oriented Police Patrol, or HICOPPS.
The U.S. Attorney's Office, Jefferson County D.A.’s Office and ATF will train the HICOPPS’ officers, as well as Birmingham officers who have public housing communities on their patrol beats, and investigators in the Birmingham Police Department’s robbery, homicide and crime-scene investigation units.
The training will address federal and state firearms laws and provide instruction on best investigative techniques to facilitate federal charges on certain violent offenses, particularly gun crimes. The training also will address individual’s constitutional rights regarding search and seizure, the right to counsel and the right to remain silent under police questioning.
Members of the media may attend the training. For more information, contact Peggy Sanford at peggy.sanford@usdoj, 205-244-2020 or, Joseph Bryant at [email protected], 205-521-0764.
Owner of Miami Home Health Agency Sentenced to More Than Nine Years in Prison for Role in $15 Million Medicare Fraud ConspiracyRead the Press Release
The owner and operator of a defunct Miami, Florida home health agency was sentenced to 115 months in prison today for his role in a $15 million conspiracy to defraud the Medicare program.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Field Office and Special Agent in Charge Brian Swain of the U.S. Secret Service’s (USSS) Miami Field Office made the announcement.
Yunesky Fornaris, 38, of Miami, was sentenced by U.S. District Judge Joan A. Lenard of the Southern District of Florida, who also ordered Fornaris to pay $15.1 million in restitution and forfeit the gross proceeds traced to the offense. Fornaris pleaded guilty on Oct. 3 to one count of conspiracy to commit wire fraud.
As part of his guilty plea, Fornaris admitted that between April 2010 and July 2016, he owned, controlled, and managed the business at Elite Home Care LLC (Elite), and that he and his co-conspirators submitted false and fraudulent home health care claims from Elite to the Medicare program via interstate wire. Fornaris further admitted to concealing his true ownership interest in Elite by not listing his ownership interest on the Medicare enrollment application and to enlisting patient recruiters to recruit patients to Elite in exchange for illegal bribes and kickbacks.
Fornaris admitted that he knew or had reason to believe that most of Elite’s patients were not eligible to receive home health services because they were not homebound. Had Medicare known that Fornaris paid bribes and kickbacks to attract beneficiaries to Elite, Medicare would not have paid any claims submitted on behalf of those beneficiaries.
The FBI, HHS-OIG and USSS investigated this case. Senior Litigation Counsel John A. Michelich and Trial Attorney Adam G. Yoffie of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Lisa H. Miller of the Southern District of Florida, a former Fraud Section trial attorney, prosecuted the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,500 defendants who have collectively billed the Medicare program for more than $12.5 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Omaha Man Sentenced to 7 Years for Distribution of Child PornographyRead the Press Release
Acting United States Attorney Robert C. Stuart announced today that Diego Vigil, 36, of Omaha, Nebraska, was sentenced in federal court for receiving and distributing child pornography. The Honorable Robert F. Rossiter, Jr., sentenced Vigil to 7 years imprisonment. There is no parole in the federal system. After his release from prison, Vigil will begin a ten-year term of supervised release and will be required to register as a sex offender.
On three separate dates between May 12, 2016, and January 29, 2017, officers were able to download images of child pornography from Vigil’s computer. Many of the images involved infants and toddlers.
A search warrant was executed on Vigil’s home on March 3, 2017. He admitted to downloading images of child pornography. More than 200 videos and 4,000 images involving the sexual exploitation of minors were recovered. The images involved an age range of infant and toddler to approximately 13 years.
This case was investigated by the Omaha FBI's Cyber Crime Task Force (CCTF).
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals 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.
Olean Man Sentenced on Heroin and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – U.S. Attorney James P. Kennedy, Jr. announced today that Giovanni Salmonson, 26, of Olean, NY, who was convicted of possession with intent to distribute heroin, and being a felon in possession of a firearm, was sentenced to 188 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that on January 1, 2015, Olean Police responded to a trespassing complaint near the 200 block of North 1st Street. Upon arrival, an officer spotted the defendant near 225 North 1st Street and asked Salmonson to step out of the roadway and up onto the curb. The defendant took off running. While he was running away, the officer noticed that Salmonson was wearing a black Nike backpack/drawstring bag. A foot chase ensued and the defendant entered a backyard at 121 North 2nd Street after throwing the black Nike bag over a fence into another yard. An officer ordered Salmonson to the ground, and he complied. After retrieving the bag, officers recovered a .22 caliber revolver from inside. Subsequently, officers also recovered 14 bags of heroin, six suboxone pills and $851 dollars in United States currency.
The sentencing is the culmination of an investigation on the part of the Olean Police Department, under the direction of Chief Jeff Rowley; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
North Suburban Man Arrested on Child Pornography Charges While on Bond for Prior Child Pornography CaseRead the Press Release
CHICAGO — A north suburban man who was free on bond while awaiting trial in a federal child pornography case has been arrested for allegedly furnishing sexually explicit images of children to an undercover law enforcement agent.
RONALD FEDER, 30, of Skokie, was arrested Thursday after he handed the undercover agent a thumb drive containing child pornography, according to a criminal complaint and affidavit filed in federal court in Chicago. Feder met with the undercover agent in a coffee shop in Lincolnwood after the pair had communicated online for nearly three weeks, the complaint states. The online communication and subsequent meeting occurred while Feder was free on bond while awaiting trial on a child pornography charge pending in federal court in Chicago.
The complaint charges Feder with two new counts of transporting and distributing child pornography. A detention hearing is set for Dec. 13, 2017, at 9:00 a.m., before U.S. Magistrate Judge Jeffrey Cole in Chicago.
The complaint was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; James M. Gibbons, Special Agent-in-Charge of the Chicago office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and Wisconsin Attorney General Brad Schimel. The Skokie Police Department provided valuable assistance.
According to the complaint, Feder used the online aliases “Tom Bradly” and “Jack Wayne” to communicate with the undercover agent, who was posing as an individual interested in “taboo” activities. During online and telephone communications in late November and early December, Feder informed the undercover agent that his actual name was Ron, and he described his interest in child pornography, the complaint states. Feder offered to trade images of child pornography with the undercover agent in exchange for the agent setting up an encounter between Feder and the agent’s minor nephew and niece, during which Feder would molest the children, the complaint states.
In the prior case, Feder was indicted in September 2016 for allegedly possessing a sexually explicit image of a minor under the age of twelve. The conduct allegedly occurred while Feder was working as a civilian employee of the Armed Forces and living overseas. Feder pleaded not guilty to that charge and was ordered released on bond in September 2016, with a condition of the release prohibiting him from accessing the internet.
The public is reminded that neither a complaint nor an indictment is evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The two charges in the complaint each carry a mandatory minimum sentence of five years’ imprisonment and a maximum sentence of 20 years’ imprisonment. The count in the prior indictment is punishable by up to 20 years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant U.S. Attorney Andrew Dixon and Special Assistant U.S. Attorney Jennifer Maguire.
If you believe you are a victim of sexual exploitation, you are encouraged to call the National Center for Missing and Exploited Children at 1-800-843-5678. The hotline is available 24 hours a day, seven days a week.
North Dakota-Based Payment Processor Pleads Guilty to Facilitating Illegal Payday Lending Across the United StatesRead the Press Release
PHILADELPHIA – Intercept Corporation, d/b/a “InterceptEFT” (“Intercept”), a privately held corporation headquartered in Fargo, North Dakota, has pleaded guilty to an Information charging the company with operating an illegal money transmittal business, announced United States Attorney Louis D. Lappen.
Intercept was a “third party payment processor” which processed electronic funds transfers for its clients through the Automated Clearing House (“ACH”) system, an electronic payments network that processed financial transactions without using paper checks. Among Intercept’s clients were numerous business entities that issued, serviced, funded, and collected debt from short-term, high-interest loans, commonly referred to as “payday loans,” because such loans are supposed to be repaid when the borrower received his or her next paycheck or regular income payment. Payday loans are effectively illegal in more than a dozen states, including Pennsylvania, and are highly regulated in many other states.
Various payday loan companies hired Intercept to move large sums of money between the bank accounts of the payday loan companies and their borrowers. These money transfers included the funding of payday loans by the companies to the borrowers, and the collection of loan proceeds from the borrowers to the payday loan companies. Among the payday loan companies that employed Intercept to collect payday loan debt from borrowers who resided in states where such loans were illegal, and in states where there such loans were regulated, were payday companies owned, operated, controlled, and financed by Charles M. Hallinan (recently convicted of illegal payday lending by a federal jury in the Eastern District of Pennsylvania), Scott Tucker (recently convicted of illegal payday lending by a federal jury in the Southern District of New York) and Adrian Rubin (who pleaded guilty to illegal payday lending in the Eastern District of Pennsylvania).
Intercept used the ACH system to transfer funds to and from the bank accounts of borrowers located across the United States, including hundreds of thousands of customers who lived in states that outlawed and/or regulated payday loans. No later than May 2008, Intercept was made specifically aware that one of Intercept’s payday lending clients made a payday loan in violation of Connecticut law. Subsequently, in June 2009, Intercept was again notified that one of its payday lending clients made an illegal payday loan, but this time, the loan was in violation of California law. In 2012, Intercept was instructed by its bank to stop processing payments for payday lending companies for loans made to borrowers in states where such loans were prohibited or restricted. And in August 2012, a payday lending client specifically notified Intercept’s leadership that payday loans were being made in states that outlawed payday lending, including in Pennsylvania. Yet Intercept continued facilitating payday lending operations for its clients in states that outlawed and/or regulated payday loans until at least August 2013.
In total, Intercept processed hundreds of millions of dollars of payments for its payday lending company clients, and earned millions of dollars in profits, as a result of assisting payday lenders in making illegal loans and collecting unlawful debt.
As a result of its criminal conviction, Intercept must pay forfeiture to the United States in the amount of all funds involved in or traceable to the charged offense (and no less than $500,000), a potential corporate fine of up to $500,000, and a $400 corporate assessment.
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, and the U.S. Postal Inspection Service. It is being prosecuted by Assistant United States Attorneys and Mark B. Dubnoff and James Petkun.
Niagara Falls Man Sentenced on Bomb Charge That Led to the Loss of His LegRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced that Michael O’Neill, 47, of Niagara Falls, NY, who was convicted of unlawful possession of a destructive device, was sentenced to 30 months in prison by U.S. District Judge Elizabeth A. Wolford.Assistant U.S. Attorney Laura A. Higgins, who handled the case, stated that in the early hours of July 21, 2015, the Niagara County Sheriff’s Office responded to a 911 call regarding an injury at 6761 Walmore Road in Wheatfield, NY. When emergency personal arrived at the scene, they discovered the defendant with a significant injury to his lower left leg, apparently the result of an explosion. O’Neill was immediately taken by Mercy flight to ECMC, where his left leg was amputated below the knee.
Subsequently, personnel from the Erie County Bomb Squad entered the unattached garage of the residence where the explosion occurred and discovered what appeared to be an area where explosive devices were being manufactured. Explosive powder and BB pellets were in plain view. Upon further inspection, Bomb Squad personnel discovered six destructive devices, five of which were constructed of hard cardboard tubing with sealed ends and a fuse. One of those five devices was labeled, “Powder w/Nails.” The sixth device was made out of a flashlight with sealed ends and a hole with a wick coming from the center. Other items discovered on the property included two pill bottles labeled as flash powder, a bag of potassium perchlorate, 36 shotgun shells reloaded with fragments inside, a plastic bottle of triple seven powder, a plastic box of triple seven pellets, and a plastic bottle labeled as triple seven powder.
Later on July 21, O’Neill told investigators that he had watched a video on YouTube regarding stump removal and had made a couple of M80’s. When the explosion occurred, O’Neill stated he was using extra materials from the M80’s to make “something.” The defendant said he was using a heat gun, which ignited what he was making. O’Neill dropped the item he was making on the floor of the garage and attempted to stomp it out when it exploded.
The sentencing is the culmination of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, and the Niagara County Sheriff’s Department, under the direction of Sheriff James Voutour.
New Haven Heroin Dealer Sentenced to PrisonRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that EFRAIN ROLON-DONES, 29, of New Haven, was sentenced today by U.S. District Judge Jeffrey Alker Meyer in New Haven to 15 months of imprisonment, followed by three years of supervised release, for his role in a heroin trafficking ring.
According to court documents and statements made in court, the DEA’s New Haven Tactical Diversion Squad targeted a New Haven-based heroin trafficking organization. The investigation, which included court-authorized wiretaps, controlled purchases of narcotics and physical and video surveillance, revealed that members of the organization regularly purchased bulk quantities of heroin from suppliers located in the Bronx, New York, and sold the heroin through a network of redistributors, including ROLON-DONES, on the streets of New Haven.
In October 2016, investigators made two controlled purchases of heroin, totaling approximately 20 grams, from ROLON-DONES
The investigation has resulted in federal charges against 24 individuals.
ROLON-DONES has been detained since his arrest on March 16, 2017. On August 14 2017, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and distribution of, heroin.
The DEA’s New Haven Tactical Diversion Squad includes officers from the Bristol, Hamden, Milford, Monroe, New Haven, Shelton, Wallingford and Wilton Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys Natasha M. Freismuth and Patrick F. Caruso.
New Bedford Man Pleads Guilty to Methamphetamine ChargeRead the Press Release
BOSTON – A New Bedford man pleaded guilty today in federal court in Boston for aiding and abetting the distribution of methamphetamine.
Alexander Gomes, 27, pleaded guilty today to one count of aiding and abetting the distribution of methamphetamine. U.S. District Court Judge Denise J. Casper scheduled sentencing for March 14, 2018.
On Dec. 12, 2016, Gomes accompanied co-defendant Peter Lobo to a meeting with an undercover agent posing as a Maine methamphetamine dealer. At that meeting, Lobo distributed a half pound sample of methamphetamine to the agent. Lobo introduced Gomes to the undercover agent so that Gomes could conduct drug business when Lobo was out of town. Two days later, Gomes and Lobo meet the agent again, and the agent paid Lobo $4,000 for the half pound, and Lobo gave an additional four pounds of methamphetamine to the agent. Lobo and Gomes were arrested shortly after they began to drive away. At the time of their arrest, Lobo had $3,000 in his pocket and Gomes had $1,000 hidden in his sock. Subsequent drug analysis determined that the substance consisted of approximately 1,777 grams of 99% pure d-methamphetamine hydrochloride, also known as “Ice.”
Lobo pleaded guilty to distributing methamphetamine, and on Nov. 29, 2017, he was sentenced to five years in prison.
Gomes faces a sentence of no greater than 20 years in prison, a minimum of three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Office, made the announcement today. Assistant U.S. Attorney Theodore B. Heinrich of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.
National Security Division Announces Agreement with Netcracker for Enhanced Security Protocols in Software DevelopmentRead the Press Release
Netcracker Technology Corp. (NTC), a global software company serving the telecommunications industry, has agreed to implement enhanced security protocols for software development, implementation, and its other services to clients, many of whom are part of the United States’s critical communications infrastructure, announced Dana Boente, Acting Assistant Attorney General of the Justice Department’s National Security Division and U.S. Attorney for the Eastern District of Virginia. NTC is headquartered in Waltham, Massachusetts, and is a wholly owned subsidiary of NEC Corp.
The enhanced security protocols are designed to increase information security by regulating remote access to U.S. company networks and transfers of sensitive data. The protocols are being implemented as part of a Non-Prosecution Agreement, which resolves a criminal investigation described in a statement of facts, both of which are accessible here and here.
"We are pleased Netcracker has agreed to invest in enhanced security protocols that will reduce the risk of unauthorized access to its clients’ sensitive data,” said Acting Assistant Attorney General Boente. “As threats to our critical infrastructure increase, especially from abroad, these protocols serve as a model for the kind of security that U.S. critical infrastructure should expect from the firms they use to develop, install, and maintain technology in their networks.”
Netcracker, like most major software companies, develops software in many countries. Netcracker worked as a subcontractor on two federal government contracts with the Defense Information Systems Agency (DISA), a combat support agency of the U.S. Department of Defense, and performed some product-support work from locations outside the United States, including Russia. The government determined in its investigation that various factors had resulted in an unacceptable degradation of the level of security DISA had intended to achieve. Netcracker denied wrongdoing and worked with the government to develop enhanced security protocols.
Under the agreement, Netcracker will make the enhanced security plan available to other members of the industry.
This case was investigated by the General Services Administration, Office of Inspector General; the FBI’s Washington Field Office; and the Department of Defense, Office of the Inspector General. Senior Trial Attorney Heather Schmidt and former Trial Attorney Wade Weems of the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division handled this case with Assistant U.S. Attorneys Whitney Russell and Jay Prabhu of the U.S. Attorney’s Office of the Eastern District of Virginia.
Mingo County felon pleads guilty to federal gun chargeRead the Press Release
CHARLESTON, W.Va. – A Mingo County felon pleaded guilty today to a federal gun crime, announced United States Attorney Carol Casto. Robert Lee Brewer, 57, of Kermit, entered his guilty plea to being a felon in possession of a firearm.
On January 20, 2017, deputies with the Mingo County Sheriff’s Office went to Brewer’s house to investigate a report that he had purchased a stolen gun. During an interview with law enforcement, Brewer admitted that he bought the gun, an F.I.E., Model E15, .22 caliber revolver. He further admitted that he knew he was not supposed to possess guns because of his felony conviction. Brewer additionally admitted that he had a rifle in his residence, and gave deputies permission to search. Deputies located the rifle, a Savage Arms, Model Mark II, .22 caliber rifle in Brewer’s house.
Through further investigation of pawn shop records, law enforcement determined that the .22 rifle was also stolen. Furthermore, Brewer admitted that in November 2016, he had another stolen firearm, a CBC, Model 715T, .22 caliber rifle, in his residence. Brewer was prohibited from possessing any firearms under federal law because of a 2012 conviction in Mingo County Circuit Court for delivery of hydrocodone.
The Mingo County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Clint Carte is responsible for the prosecution. Chief United States District Judge Thomas E. Johnston presided over the plea hearing.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Millvale Man Pleads Guilty to Second Offense Related to the Sexual Exploitation of a MinorRead the Press Release
PITTSBURGH - A former resident of Allegheny County, Pennsylvania, has pleaded guilty in federal court to a charge of possession of material depicting the sexual exploitation of a minor, Acting United States Attorney Soo C. Song announced today.
Robert Paladino, Jr., age 60, of Millvale, Pennsylvania, pleaded guilty before United States District Judge David S. Cercone.
In connection with the guilty plea, on or about August 13, 2015, Paladino knowingly possessed videos and images in computer graphic files, the production of which involved the use of minors engaging in sexually explicit conduct, some of whom had not yet attained 12 years of age. Paladino had previously been convicted of distribution of material depicting the sexual exploitation of a minor in 2006 and served 121 months imprisonment on that offense.
United States District Judge David S. Cercone scheduled sentencing for March 23, 2018 at 10 a.m. The law provides for a minimum sentence of 10 years in prison and maximum total sentence of 20 years in prison, a fine of $250,000.00 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 Jessica Lieber Smolar is prosecuting this case on behalf of the government.
The United States Postal Inspection Service conducted the investigation that led to the prosecution of Paladino.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Mexican Removed 5 Times from U.S. Sentenced to Prison for Illegal Re-entryRead the Press Release
PITTSBURGH - An individual found by the U.S. Department of Homeland Security/Immigration and Customs Enforcement has been sentenced in federal court to four months incarceration and two years of supervised release on his conviction of Illegal Reentry After Deportation, Acting United States Attorney Soo C. Song announced today.
United States District Judge David Stewart Cercone imposed the sentence on Bartolo Fabian-Mendez, 47, a citizen of Mexico.
According to information presented to the court, Fabian-Mendez, an alien, who was removed from the United States by U.S. Immigration and Customs Enforcement on January 5, 2010, February 15, 2016, March 16, 2016, November 26, 2016, and June 17, 2017, was encountered in Verona, Pennsylvania, and taken into custody on October 5, 2017, by the U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations.
Assistant United States Attorney Shardul S. Desai prosecuted this case on behalf of the government.
Acting U.S. Attorney Song commended the Immigration and Customs Enforcement for the investigation leading to the successful prosecution of Fabian-Mendez.
Mexican National Who Smuggled 21 Pounds of Pure Meth from Mexico for Drug Cartel Sentenced to over 12½ Years in PrisonRead the Press Release
LOS ANGELES – A Tijuana woman who was charged in the first major narcotics trafficking indictment resulting from an investigation by the Los Angeles Strike Force was sentenced today to 151 months in federal prison for transporting 21 pounds of pure methamphetamine across the United States-Mexico border on behalf of a drug trafficking organization linked to the Sinaloa Cartel.
Diana Margarita Ortega Garcia, 25, was sentenced today by United States District Judge Dale S. Fischer.
A federal jury found Ortega guilty in August of one count of conspiracy to distribute and to possess with intent to distribute methamphetamine following a three-day trial.
Ortega was one of 22 defendants named in a 19-count grand jury indictment that was unsealed in June. The defendants allegedly were responsible for the importation of hundreds of pounds of methamphetamine, cocaine and heroin from Mexico into the United States. The narcotics were distributed throughout the country via a network of cartel associates, and the proceeds from the domestic narcotics sales were then funneled back to Mexico, according to the indictment.
During the two-year wiretap investigation, members of the Strike Force seized narcotics with an approximate street value in Los Angeles of more than $6 million, including approximately 290 pounds of methamphetamine, 280 pounds of cocaine, 30 pounds of heroin and 81 pounds of marijuana.
Ortega is one of 10 defendants who have been taken into custody pursuant to the indictment. The other nine defendants are currently scheduled to go on trial on March 13.
The evidence presented during Ortega’s trial showed that she used her own vehicle to drive the concealed methamphetamine across the international border on February 1, 2015. Ortega agreed to smuggle the narcotics in exchange for $6,000, and she took the 21 pounds of methamphetamine to a drop house in the Moreno Valley. Most of the methamphetamine was seized by law enforcement in the days after the delivery.
The Los Angeles Strike Force investigation is being led by the Federal Bureau of Investigation, in partnership with the Drug Enforcement Administration, IRS Criminal Investigation, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the United States Marshals Service and the Azusa Police Department.
The indictment issued as a result of the Strike Force investigation revealed a sophisticated international drug trafficking network that regularly transported narcotics across the U.S.-Mexico border and at times stored drugs in “stash houses” located in the San Gabriel Valley. The narcotics then were distributed throughout the United States.
The Los Angeles Strike Force was formed in 2014 to target Mexican drug cartels that utilize the Los Angeles metropolitan region as a primary hub for the distribution of narcotics across the United States. The goals of the Strike Force are to target high-level narcotics traffickers, disrupt and dismantle the cartels’ narcotics trafficking and related money laundering activities, and arrest and prosecute the cartels’ leaders and operatives.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
If the remaining defendants in this case are convicted, all of them would face potential sentences of life without parole in federal prison.
This case is being prosecuted by Assistant United States Attorneys Jennifer A. Corbet and A. Carley Palmer of the Organized Crime Drug Enforcement Task Force, and Scott Lara of the General Crimes Section.
Mexican Citizen Indicted for Illegal Re-entry and Identity TheftRead the Press Release
SYRACUSE, NEW YORK – Eddy Wilkins, also known as Alejandro Hernandez, age 65, and a citizen of Mexico, was arraigned today on an indictment charging him with illegally re-entering the United States after having been previously deported, as well as fraud and misuse of a social security number, and aggravated identity theft.
The announcement was made by Acting United States Attorney Grant C. Jaquith, Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), and John F. Grasso, Special Agent in Charge of the Social Security Administration Office of the Inspector General (SSA-OIG), New York Field Office.
The indictment alleges that Wilkins was previously removed from the United States to Mexico following his conviction for an aggravated felony, returned, and was found near Syracuse. The indictment also alleges that the defendant falsely represented a social security number belonging to someone else to be his own and used that means of identification without permission. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
If convicted, Wilkins faces up to 20 years in prison on the illegal reentry offense, up to five years in prison on the fraudulent misuse of a social security number offense, and a mandatory consecutive sentence of two years on the aggravated identity theft count. He also faces a maximum potential fine of $250,000 on each count and up to three years of supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Wilkins was arraigned today in Syracuse, New York, before United States Magistrate Judge David E. Peebles, and ordered detained pending a trial scheduled for February 12, 2018.
This case is being investigated by U.S. Immigration and Customs Enforcement (ICE) and Social Security Administration Office of the Inspector General (SSA-OIG), and is being prosecuted by Assistant U.S. Attorney Robert S. Levine.
Member of Multimillion-Dollar, Cross-Country Insider Trading Ring Admits Using Inside InformationRead the Press Release
TRENTON, N.J. – A professional day-trader admitted today to repeatedly trading on inside information related to confidentially marketed stock offerings, personally netting hundreds of thousands of dollars in illicit profits, Acting U.S. Attorney William E. Fitzpatrick announced.
Joseph Spera, 56, of Boca Raton, Florida, pleaded guilty before U.S. District Judge Michael A. Shipp in Trenton federal court to an information charging him with one count of conspiracy to commit securities fraud and one count of securities fraud.
According to documents filed in this case and statements made in court:
On numerous occasions between June 2010 and July 2013, Spera and his conspirators short-sold the securities of at least 13 public companies, based on inside information obtained by Spera’s conspirator, Steven Fishoff, and others.
For each of these offerings, Fishoff or other day-traders he employed – including his friend, Ronald Chernin, and his brother-in-law, Steven Costantin – entered into confidentiality or “wall-crossing” agreements as representatives of Fishoff’s trading entities. They agreed not to disclose or trade on inside information concerning the offerings, such as the name of the issuers and the timing and pricing of the transactions, and were “brought over the wall” for the narrow purpose of determining whether to purchase the offered securities. Spera himself entered into a confidentiality agreement and was brought over the wall in connection with one of the offerings.
Spera admitted that in breach of the wall-crossing agreements, Fishoff allegedly tipped Spera, directly or through his conspirator, Paul Petrello, with the inside information about the confidentially marketed offerings. Specifically, he allegedly advised Spera of the stock trading symbols of the companies, and the timing and sometimes the pricing of the upcoming offerings. Spera also received the inside information directly from the issuer for one of the offerings.
Based on this inside information, Spera shorted the stock of the public companies in anticipation of a drop in the stocks’ price when the offerings were disclosed to the public. Spera and his conspirators traded through the accounts of their respective trading entities or through related accounts that they controlled, shorting the securities and covering the short positions after the stocks offerings were publicly announced.
By trading on this valuable, nonpublic information in violation of the confidentiality agreements, Spera and his conspirators made more than $3.9 million in profits over the course of the three-year scheme, with Spera personally making more than $768,000. Spera allegedly split his profits with Fishoff, generally on a 50-50 basis, as compensation to Fishoff for the inside information that he provided.
Spera faces a maximum potential penalty of five years in prison and a fine of $250,000 on the conspiracy count and a maximum potential penalty of 20 years in prison and a fine of $5 million on the securities fraud count. Spera also agreed to pay a forfeiture money judgment of $768,766. He is scheduled to be sentenced April 12, 2018.
In a separate civil action, the U.S. Securities and Exchange Commission (SEC) today filed a complaint against Spera in Trenton federal court.
Fishoff has been indicted, and his trial is scheduled for March 19, 2018. Chernin, Costantin and Petrello have pleaded guilty for their involvement in the scheme and await sentencing.
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 today’s guilty plea. He also thanked the SEC’s New York Regional Office for its assistance.
The government is represented by Assistant U.S. Attorney Shirley U. Emehelu, Chief of the Asset Recovery and Money Laundering Unit, Assistant U.S. Attorney Nicholas P. Grippo of the Economic Crimes Unit, and Assistant U.S. Attorney Sarah Devlin of the Asset Recovery and Money Laundering Unit.
Defense counsel: Alain Leibman Esq., Princeton, New Jersey
Maple Heights man indicted on firearm and drug chargesRead the Press Release
A federal grand jury indicted Antonio W. Saunders, 38, of Maple Heights, on charges of being a felon in possession of a firearm and ammunition, said Justin E. Herdman, U.S. Attorney for the Northern District of Ohio.
The indictment alleges that on or about November 1, 2017, Saunders possessed a Bersa, Semi-Automatic, 9mm pistol and ammunition, after having been previously convicted of two felony offenses in the Cuyahoga County Court of Common Pleas in 2001 and 2011. The indictment also alleges that on or about the same date, Saunders possessed with the intent to distribute less than 100 pounds of marijuana.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted the investigation. The case is being prosecuted by Assistant U.S. Attorney Ranya Elzein.
If convicted, the Court will determine the defendant’s sentence after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Manchester Man Pleads Guilty to Illegal Firearm PossessionRead the Press Release
CONCORD, N.H. - Michael Roman Burghardt, 33, of Manchester, pleaded guilty in federal court on Friday to illegal firearm possession, Acting United States Attorney John J. Farley of the District of New Hampshire announced today.
According to court documents and statements made in court, law enforcement agents began an investigation after receiving information from a reliable source that Burghardt was regularly carrying a .380 caliber handgun. At the time, Burghardt had a prior felony conviction, and could not legally possess any firearms. After arresting Burghardt on an unrelated warrant, agents found in his coat pocket a handgun consistent with the information they had received.
Burghardt is scheduled to be sentenced on March 21, 2018.
“Gun violence threatens the safety of our communities,” said Acting U.S. Attorney Farley. “One important way to prevent gun violence is to enforce our firearms laws to ensure that criminals do not possess dangerous weapons. This case is one example of how the U.S. Attorney’s Office is working closely with our law enforcement partners to keep guns out of the hands of criminals.”
This matter was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms, & Explosives. The case is being prosecuted by Assistant U.S. Attorney Anna Dronzek.
The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes.
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Man Pleads Guilty to Conspiracy, ID Theft, and Firearm OffensesRead the Press Release
NEWPORT NEWS, Va. – A Newport News man pleaded guilty today to conspiracy, identity theft, and possession of a firearm by a convicted felon.
According to court documents, Markis Jordan Dickerson, 22, conspired with Christopher Douglas Boone and others to obtain money from several financial institutions by depositing worthless and counterfeit financial instruments into accounts belonging to other individuals and then conducting debit card transactions at ATM and retail locations throughout Hampton Roads. Dickerson and Boone recruited account holders of several financial institutions via social media to provide access to their debit cards and personal identification numbers for a period of time in exchange for money. Dickerson, Boone, and other conspirators then deposited worthless and counterfeit checks and money orders into the compromised accounts primarily through “mobile deposit” online banking applications. Dickerson, Boone, and others then withdrew cash and made purchases at ATM and retail locations to access the funds made available through such fraudulent deposits. Both men carried firearms when conducting such transactions.
Dickerson pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft. He faces a maximum penalty of 30 years in prison, along with a mandatory consecutive two-year term when sentenced on March 29, 2018. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Robert B. Wemyss, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, and Michael C. Grinstead, Acting Chief of Newport News Police, made the announcement after U.S. Magistrate Judge Douglas E. Miller accepted the plea. Assistant U.S. Attorney Kaitlin C. Gratton is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:17-cr-43.
Local Staffing Company Operator Convicted of Employment Tax FraudRead the Press Release
Memphis, TN – On Friday, December 8, 2017, a Memphis staffing company operator was convicted by a federal jury for conspiring to defraud the United States, failing to pay over employment taxes, filing fraudulent employment tax returns, theft of government funds and aggravated identity theft, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney D. Michael Dunavant for the Western District of Tennessee.
According to information presented in court, from 2005 through 2015, Mark Stinson and his wife, Jayton Stinson, operated a temporary staffing company in Memphis that provided services to businesses in Tennessee and elsewhere. The staffing company’s standard contract with its customers provided that the staffing company was responsible for withholding employment tax from its employees’ wages and paying over the amounts withheld to the Internal Revenue Service (IRS).
The Stinsons failed to pay over $2.8 million in withholdings and other employment taxes due to IRS, failed to timely file employment tax returns and filed false employment tax returns. In an effort to avoid making payments to the IRS the Stinsons changed the name and structure of the company multiple times after accumulating employment tax liabilities, operating as Connex Staffing and Janitorial Service, Connexx Staffing Services LLC, Connexx Staffing Services Inc., and Complete Employment Agency.
The Stinsons also conspired to impede efforts by the IRS to collect on the employment tax liabilities owned by their companies. For example, the Stinsons made false representations to the IRS about their control of the staffing company and their knowledge of their responsibility to truthfully account for and pay over the employment taxes, placed the staffing company in the names of nominees who did not have control over the business operations, and established payment arrangements intended to impede an IRS levy placed on their customer payments. The Stinsons used the withheld funds to pay for personal expenses, including a Mercedes-Benz, a Cadillac Escalade, mortgage
payments and private school tuition for their children. Jayton Stinson previously pleaded guilty to conspiracy charges in connection with this case.
Mark Stinson also filed a fraudulent tax return for a relative that included a false dependent seeking a refund to which the relative was not entitled. Stinson received a substantial portion of the fraudulent refund.
U.S. District Court Judge John T. Fowlkes, Jr., scheduled sentencing for March 1, 2018. Mark Stinson faces a statutory maximum sentence of five years in prison for each count of conspiracy, theft of government funds and failing to pay over employment taxes, three years in prison for each count of filing a false tax return, and a mandatory two years in prison for aggravated identity theft. He also faces a period of supervised release, restitution and monetary penalties. Jayton Stinson is scheduled to be sentenced on January 31, 2018.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Dunavant commended special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Damon Griffin and Trial Attorney Nathan Brooks, who are prosecuting the case.
Leader of “We the Best” Heroin Ring Convicted of Conspiring to Distribute More Than a Kilogram of HeroinRead the Press Release
A man who led a long-running heroin distribution organization in Cedar Rapids known by customers as “We the Best” was convicted by a jury today, after a five-day trial in federal court in Cedar Rapids.
Antonio Alonzo Outlaw, age 40, from Chicago, Illinois, and Cedar Rapids, Iowa, was convicted of conspiring to distribute a kilogram or more of heroin and aiding and abetting the distribution of heroin. The verdict was returned this morning following about three hours of jury deliberation.
The evidence at trial showed that Outlaw ran a heroin distribution operation in Cedar Rapids since at least 2013, and continuing until January 2017. Witnesses testified that Outlaw’s operation was commonly known to customers as “We the Best” because of a signature line commonly included on text messages sent out by members of the group. After making a phone call to the “We the Best” phone, customers would meet with Outlaw or one of his “runners” to purchase the heroin. In September 2017, Outlaw pleaded guilty to two counts of distributing heroin in 2013.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Outlaw remains in custody of the United States Marshal pending sentencing. Outlaw faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, $23,000,000 in fines, $400 in special assessments, and a lifetime of supervised release following any imprisonment.
The case was investigated by the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement and is being prosecuted by Assistant United States Attorneys Dan Chatham and Emily Nydle.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-91-LRR.
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Laurel Man Sentenced to 4 Years in Federal Prison for Illegal Gun Possession Depicted on Social MediaRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – On December 8, 2017 United States District Judge George L. Russell III sentenced Jamil Cross, age 27, of Laurel, Maryland to 4 years in prison, followed by three years of supervised release, for illegally possessing a firearm. Judge Russell imposed an additional consecutive term of 9 months because Cross committed the crime while on supervised release following a federal conviction for sex trafficking.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Chief Gary L. Gardner of the Howard County Police Department.
According to his plea agreement, after a man was shot and killed in Howard County, Maryland in December 18, 2016, the man arrested for the murder called Cross on a recorded line at the local jail. The man asked Cross to delete photographs and other information on various social media websites that depicted the men and other associates in possession of handguns and drugs. After hearing the call, a Howard County police detective searched for and found a music video that a third party produced for Cross and that Cross posted on Twitter, a public social media site, on or about August 1, 2016. The video depicted Cross in possession of a semi-automatic pistol with a laser site. On one occasion, Cross held the pistol magazine toward the camera showing the cartridges/bullets loaded inside the magazine and then inserted the magazine into the pistol. Other men seen and identified on the video included the man arrested for the murder in possession of a gun, as well as Cross’s co-defendant, Carroll Buck. Cross and his associates were known to hang out at a local barber shop/pool hall in the same area of Laurel known as “Whiskey Bottom”.
As the result of various federal search and seizure warrants authorized for various social media accounts, law enforcement then identified numerous photos featuring Cross and other people in possession of multiple firearms from August 2016 through January 2017. In some instances, the individuals in the photographs are seen sharing the same guns.
Howard County police obtained state search and seizure warrants for Cross’s two known addresses on N. Laurel Road and Laurel Bowie Road and executed both warrants on February 2, 2017. During the search of the N. Laurel Road address, multiple items of evidence were located in Buck’s bedroom including .40 caliber ammunition, cocaine, marijuana, and digital scales. Cross’s fingerprints were found on the box with the ammunition. A gun and various drug paraphernalia was found during the search of the Laurel Bowie Road address.
The case against co-defendant, Carroll Buck of Laurel, Maryland is still pending.
Acting United States Attorney Stephen M. Schenning commended the FBI, Howard County Police Department, and the Howard County State’s Attorney’s Office for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Sandra Wilkinson and Lauren Perry, who prosecuted the case.
Las Cruces Man Pleads Guilty to Using Interstate Communications to Threaten Elementary School StudentsRead the Press Release
ALBUQUERQUE – Michael Anthony Estrada, 24, of Las Cruces, N.M., pled guilty today in federal court to a felony information charging him with using interstate communications to threaten the lives and safety of children at a Las Cruces public elementary school.
Estrada was arrested on a criminal complaint on Sept. 15, 2017, for using social media platforms to post threats to shoot children at a Las Cruces public elementary school. According to the complaint, the threats posted by Estrada led local schools authorities in Las Cruces to shelter students in place and shut down operations until Estrada was apprehended.
During today’s proceedings, Estrada pled guilty to a felony information charging him with threatening to injure through the use of interstate communications. In entering the guilty plea, Estrada admitted that on Sept. 15, 2017, he posted a threat on social media that he was going to shoot up a Las Cruces public elementary school. Estrada further admitted that as a result of his actions, the elementary school he threatened and several other Las Cruces elementary schools were placed on lock down.
At sentencing, Estrada faces a maximum penalty of five years in federal prison. Estrada remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Las Cruces Police Department. Assistant U.S. Attorney Alexander Shapiro of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Kankakee Man to Serve 19 Years in Prison for Robbery of Champaign, Kankakee BusinessesRead the Press Release
URBANA, Ill. – A Kankakee, Ill., man, Thomas James, 33, of the 500 block of S. Indiana Ave., has been sentenced to 19 years in prison for robberies of businesses in Champaign and Kankakee in July and August 2016. James’s sentencing hearing was held on Dec. 8, in Urbana. James was also ordered to pay restitution in the amount of $32,121, and to remain on supervised release for three years following his release from prison. James has remained in the custody of the U.S. Marshals Service since February 2017, when he was indicted by a federal grand jury.
On June 21, James entered pleas of guilty to the robbery of the Sprint store at 2706 N. Prospect Ave., in Champaign, on July 28, 2016, and the Circle K at 581 S. Indiana Ave., in Kankakee, on Aug. 6, 2016. Both robberies were charged under the federal statute known as the Hobbs Act, for interference with interstate commerce by threats or violence. The indictment alleges that threats of violence were used to take cell phones and electronic devices from the Sprint store and to take cigarettes and currency from the Circle K. In addition, James used a HiPoint 9mm handgun during the robbery of the Circle K. At the time he possessed the handgun, James was a felon prohibited from possession of a firearm.
James’s sentence consists of 12 years in prison for the robberies to be served concurrent with the maximum 10-year sentence for possession of a firearm by a felon. For brandishing a firearm during a crime of violence, the penalty is a mandatory minimum seven years in prison to be served consecutive to any sentence ordered for the underlying crime of violence.
The charges were investigated by the FBI; U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; Champaign Police Department; Kankakee Police Department; Illinois State Police; KAMEG; Alton Police Department; and, the Kankakee County State’s Attorney’s Office. Assistant U.S. Attorney Bryan Freres prosecuted the case on behalf of the Urbana Division, U.S. Attorney’s Office for the Central District of Illinois.
Imperial Beach Man Sentenced to Life in Fatal Stabbing of his Texas BoyfriendRead the Press Release
Assistant U. S. Attorney Robert Ciaffa (619) 546-7748
NEWS RELEASE SUMMARY – December 11, 2017
SAN DIEGO – David Enrique Meza of Imperial Beach was sentenced in federal court this morning to life in prison for fatally stabbing his boyfriend 24 times, slashing his throat to the point of near-decapitation and dumping his body in a ravine near Rosarito Beach, Mexico in order to inherit the boyfriend’s estate.
During today’s hearing, U.S. District Judge Jeffrey T. Miller called the murder an “inhumane, depraved act” and said the crime qualifies for a harsh sentence in part because of the unusually heinous, cruel nature of Meza’s actions. “The Merriam dictionary defines ‘heinous’ as hatefully or shockingly evil, abominable. This murder was shockingly evil – excessively so,” Judge Miller said.
On May 2, 2017, after two weeks of trial and seven days of deliberations, a jury found Meza guilty of murdering Texas retiree Jake Clyde Merendino in the early morning hours of May 2, 2015 in Mexico. Merendino’s body was found next to the highway between Rosarito and Ensenada in an area known as Los Arenales. Meza was convicted of both charges in the indictment, including one count of Foreign Domestic Violence Resulting in Death and one count of Conspiracy to Obstruct Justice.
Judge Miller, in describing the reasoning behind the sentence, said at the hearing, “If we try to visualize what happened, we visualize blow, after blow, after blow, after blow, after slash, after slash, after slash, after blow, and repeat another three times…One can’t even imagine the torture and torment Mr. Merendino experienced.”
According to evidence presented at trial, Meza, then 25, and Merendino, then in his early 50s, met online in June 2013 and were involved in a romantic relationship thereafter. At the same time, Meza was also involved in a long-term romantic relationship with Taylor Marie Langston, a Chula Vista High graduate who was pregnant with his child at the time of the murder. Prosecutors said Meza was living a double life.
Merendino’s death came two days after he closed escrow on a luxury oceanfront condominium at Palacio del Mar in Rosarito. Meza was the beneficiary. Within days of the murder, Meza produced a handwritten will written on hotel stationery that made him sole heir to Merendino’s estate.
Judge Miller, who presided over the trial, told the courtroom that Meza was certainly motivated by greed, but he was also attempting to gain control of his spiraling circumstances. “His double life was collapsing under its own weight. A solution was the savage murder of Mr. Merendino.”
U.S. Attorney Adam Braverman said, “Nothing can spare the victim or his family the agony of this unspeakable crime, but today justice was delivered to a murderer who will suffer his own sort of agony – a lifetime in prison.”
“This life sentence, plus an additional 20 years for obstruction, is a just punishment for a callous, calculated and brutal murder,” stated FBI Special Agent in Charge Eric S. Birnbaum. “Our message to all crime victims and today, a message in the name of Jake Clyde Merendino: Every day, the FBI carries an unwavering commitment to work tirelessly to deliver justice for the victims of crime. Alongside our colleagues at United States Attorney’s Office and our law enforcement partners in Mexico, the FBI is proud to have done that today.”
According to evidence presented at trial, Meza and Merendino drove to Mexico on April 30, 2015, so Merendino could close on his $273,000 ocean-view condominium at Palacio Del Mar in Rosarito.
The next day, on May 1, Meza and Merendino returned to Baja, this time with Merendino driving his Range Rover and Meza following on a motorcycle (a 2014 Christmas gift from the victim). The new condo was not yet ready for occupancy, so they checked in to a room at Bobby’s by the Sea, a hotel nearby.
At about 10:30 p.m., the hotel manager heard a motorcycle leaving the hotel parking lot, and Meza was captured on a border camera entering the U.S. at about 11 p.m. Meza returned to Mexico in the early morning hours of May 2, 2015, and his movements were tracked to the murder scene via GPS on his cell phone.
Merendino was last seen alive in the early morning hours of May 2, when he drove out of Bobby’s by the Sea parking lot, telling the hotel security guard that he needed to help a friend stranded on the road. His body was found at around 3 a.m. by Mexican police officers. At 3:57 a.m. Meza crossed into the United States on his motorcycle.
At 7 p.m. the same day as the murder, Meza and his fiance returned to the Bobby’s by the Sea hotel in the black SUV. Meza told hotel staff he was there to pick up his personal items from the room he had shared with Merendino.
After the slaying, Meza filed an application to probate a 2014 handwritten will in which Merendino left his entire estate to Meza.
U.S. Attorney Braverman thanked law enforcement counterparts from Procuraduría General de Justicia del Estado - the Attorney General’s office in the state of Baja California – as well as the Rosarito Municipal Police, for their assistance in the investigation and prosecution of these crimes.
Braverman noted that in certain circumstances, the United States has legal jurisdiction to prosecute crimes committed in other countries when U.S. citizens are victimized. “The United States will use every tool at its disposal to investigate and prosecute offenders who prey on U.S. citizens abroad.”
DEFENDANT Case Number: 15CR3175-JM
David Enrique Meza Age: 27
SUMMARY OF CHARGES
Count One
Interstate or Foreign Domestic Violence Resulting in Murder, in violation of Title 18 United States Code, Section 2261 (a) (1).
Maximum Penalty: Life in prison
Sentence: Life in prison
Count Two
Conspiracy to Obstruct Justice, in violation of Title 18, United States Code, Section 1512 (k).
Maximum Penalty: 20 years in prison
Sentence: 20 years in prison
AGENCY
Federal Bureau of Investigation
Huntington heroin dealer sentenced to federal prison for drug crimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man who sold heroin in June 2016 was sentenced today to four years and three months in federal prison for a drug charge, announced United States Attorney Carol Casto. George Holloway, 45, previously pleaded guilty to distribution of heroin.
On June 7, 2016, a confidential informant working with the Huntington FBI Drug Task Force met Holloway at 833 26th Street in Huntington. The informant bought approximately 20 grams of heroin from Holloway. As part of the plea agreement, Holloway admitted to all the drug trafficking activity charged in the indictment, including that he distributed heroin in Huntington on four other occasions in 2015 and 2016.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Stephanie S. Taylor handled the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Huntington felon sentenced to federal prison for gun crimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington felon who possessed a firearm in January 2017 was sentenced today to four years and three months in federal prison, announced United States Attorney Carol Casto. Jermaine D. Cathey, 36, previously pleaded guilty to being a felon in possession of a firearm.
On January 2, 2017, officers from the Huntington Police Department observed Cathey walking and screaming in the middle of Veteran’s Memorial Boulevard in Huntington. When officers approached Cathey, they saw that he had a pistol in his right hand. Cathey was prohibited from possessing any firearm under federal law because of multiple felony convictions, including a 2013 conviction in Cabell County Circuit Court for being a felon in possession of a firearm.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Huntington Police Department conducted the investigation. Assistant United States Attorney Stephanie S. Taylor is responsible for the prosecution. United States District Judge Robert C. Chambers imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Huntington drug dealer pleads guilty to federal heroin chargeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man caught with heroin and a firearm in July 2017 pleaded guilty today to a federal drug crime, announced United States Attorney Carol Casto. Antonio Newson, 42, entered his guilty plea to possession with intent to distribute 100 grams or more of heroin.
On July 10, 2017, officers with the Huntington FBI Drug Task Force executed a search warrant at Newson’s residence, located at 1748 Jefferson Avenue in Huntington. During the search, officers located approximately 983 grams of heroin in a closet, along with a firearm. Newson admitted that the heroin and the firearm belonged to him, and, as part of the plea agreement, he also admitted to the other drug activity charged in the indictment.
Newson faces at least five and up to 40 years in federal prison when he is sentenced on March 12, 2018.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Stephanie S. Taylor is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District. This case was also brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Houston Man Taken into Custody on Charges of TerrorismRead the Press Release
Kaan Sercan Damlarkaya, an 18-year-old U.S. citizen from Houston, has been charged with unlawfully distributing explosive making information and attempting to provide material support to Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization.
Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Abe Martinez and Special Agent in Charge Perrye K. Turner of the FBI’s Houston Field Office made the announcement.
Authorities arrested Damlarkaya late Friday, Dec. 8, upon the filing of a sealed criminal complaint. It was unsealed this morning as he made his initial appearance before U.S. Magistrate Judge Dena H. Palermo, at which time he was temporarily ordered into custody pending a detention hearing set for Dec. 14.
According to the charges, beginning in or about early August 2017, Damlarkaya engaged in online communications with undercover FBI agents and other sources. During those conversations, he allegedly shared his intentions to travel overseas to fight for ISIS or, if unable, to commit an attack in the United States. The charges also indicate Damlarkaya asked if he could provide a farewell video to be published should he follow through with an attack resulting in his death in order to inspire others. Damlarkaya further provided instructions on how to build an AK-47 or AR-15 assault rifle from readily available parts in order to avoid detection from authorities, according to the criminal complaint.
Additionally, Damlarkaya provided a formula to alleged ISIS supporters for the explosive, Triacetone Triperoxide (TATP), and instructions on how to use TATP in a pressure cooker device that contained shrapnel, according to the allegations. He also discussed the use of a machete or Samurai sword as an alternative to a gun or explosive. The criminal complaint further indicates he claimed to carry a knife in the event he was stopped by law enforcement and that he slept with a machete under his pillow in case his house was ever raided.
In early November 2017, according the court documents, Damlarkaya explained “if I buy a gun or supplies for a bomb, they [presumably law enforcement] will heat up pressure [j]ust like a few months ago when I was trying an operation but they found out.” The criminal complaint further alleges that Damlarkaya claims to have attempted to get to Syria on two other occasions, but failed.
If convicted of unlawfully distributing explosives information or attempting to provide material support to a designated foreign terrorist organization, Damlarkaya faces a possible 20-year-maximum term of imprisonment. A criminal complaint is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors.
The FBI’s Joint Terrorism Task Force conducted the investigation. Assistant U.S. Attorneys Alamdar Hamdani and Rob Jones of the Southern District of Texas are prosecuting the case along with Trial Attorneys Gregory Gonzalez and Kevin Nunnally of the Counterterrorism Section of the Justice Department’s National Security Division.
High-Ranking “Ygz” Gang Member Sentenced to 45 Years in Prison for Murder of 21-Year-OldRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that KAREEM LANIER, a/k/a “Reem,” a/k/a “Black,” has been sentenced to a term of 40 years in prison, which must run consecutively to a prior prison sentence of five years, for his crimes as a high-ranking member of the “Young Gunnaz” or “YGz” gang, including murdering Dykeem Etheridge on January 24, 2011, and providing assistance to other YGz gang members in connection with three other murders. LANIER was sentenced on Friday afternoon in Manhattan federal court by United States District Judge Valerie E. Caproni, before whom he previously pleaded guilty.
According to the charging and other documents filed in the case, as well as statements made during LANIER’s guilty plea and sentencing proceedings and other court proceedings in the case:
LANIER was a high-ranking member of a set of the YGz gang known as the “Morris Avenue Gunnaz,” which was based in and around Maria Lopez Plaza on Morris Avenue in the South Bronx. From 2005 to 2017, members and associates of the YGz enriched themselves by committing robberies and by selling drugs, such as crack cocaine, and committed acts of violence, including murder and attempted murder, against various people, including rival gang members.
On January 24, 2011, a group of YGz members, including LANIER, assaulted Dykeem Etheridge, 21, as he exited a store on the corner of 154th Street and Courtlandt Avenue. LANIER shot and killed Etheridge as he tried to flee the attack. LANIER later told a fellow gang member that he killed Etheridge in order to enhance his status in the YGz.
On July 3, 2011, LANIER and other YGz members rode on bicycles to the territory of a rival gang on Park Avenue near 158th Street in the South Bronx. Their goal was to shoot and kill a rival gang member on sight, and LANIER went along to support and encourage the other YGz members. A member of the YGz shot at a rival gang member, who survived the shooting. While LANIER and others were fleeing from the scene of the shooting, LANIER’s associate shot Curtis Smith, 23, a bystander, in the head. Smith died several days later.
On October 17, 2011, LANIER provided a firearm to a fellow YGz member, who then used the firearm in a shootout with members of a rival gang that resulted in the death of Devon Jackson, 16, in the vicinity of East 146th Street between Third and Collect Avenues in the Bronx.
On December 22, 2011, after several YGz members murdered Taisheem Ferguson, 17, near Morris Avenue and 151st Street in the Bronx, LANIER helped two of the participants in the murder flee from the scene by hailing and paying for a taxi cab so that they would escape before the police could catch them.
* * *
LANIER, 26, of the Bronx, is the eighth defendant to be sentenced this year by Judge Caproni for participation in a YGz-related murder.
Acting U.S. Attorney Kim praised the outstanding work of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, and the New York City Police Department in the investigation of this case. He also thanked the Bronx District Attorney’s Office for their support in this case.
This case is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Samson Enzer, Gina M. Castellano, and Andrew C. Adams are in charge of the prosecution.
Harrison County woman receives 15-year sentence for the distribution of fentanylRead the Press Release
CLARKSBURG, WEST VIRGINIA – Taylor Michelle Syslo, of Lost Creek, West Virginia, was sentenced today to 180 months incarceration for distributing fentanyl, United States Attorney Bill Powell announced.
Syslo, age 25, pled guilty to one count of “Distribution of Fentanyl” in July 2017. As a part of the binding plea agreement, Syslo admitted to distributing the fentanyl that resulted in the death of a Marion County man. The crime occurred in September 2016 in Marion County.
Syslo was also ordered to pay $1,728.44 to cover funeral expenses for the victim in this case.
Assistant U.S. Attorney Shawn M. Adkins and Assistant U.S Attorney Traci M. Cook prosecuted the case on behalf of the government. The Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated, with the assistance of the 3 Rivers Task Force and White Hall Police Department.
Senior U.S. District Judge Irene M. Keeley presided.
Harrison County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Clarksburg, West Virginia, man has admitted to a firearms charge, United States Attorney Bill Powell announced.
David Leon Turner, age 30, pled guilty to one count of “Unlawful Possession of a Firearm.” Turner, having previously being convicted of three felonies, is also accused of possessing a 9mm caliber pistol. The crime is alleged to have occurred in Harrison County in May 2017.
Turner faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives is investigating.
U.S. Magistrate Judge Michael John Aloi presided.
Four indicted for illegally reentering the United StatesRead the Press Release
Four people were charged with illegally reentering the United States, said U.S. Attorney Justin E. Herdman.
Indicted are Santos Adelmo Escobar-Garcia, 44, of Honduras; Juan Carlos Galindo-Escobar, 48, of Guatemala; Bernabe Vazquez-Bamaca, 33, of Mexico, and Santos Guevara- Batres, 26, of El Salvador.
The cases were investigated by U.S. States Border Patrol and U.S. Immigration and Customs Enforcement.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. The defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Former Postal Employee Sentenced to over 6 Years in Federal Prison for Selling at Least 6,240 Credit Cards Stolen from the U.S. MailRead the Press Release
SANTA ANA, California – A Garden Grove man who worked for the United States Postal Service for more than two decades was sentenced today to 75 months in federal prison for stealing thousands of credit cards from the U.S. Mail and selling the credit cards on the black market.
Chinh Vuong, 49, was sentenced by United States District Judge Cormac J. Carney, who also ordered the defendant to pay $325,085 in restitution to Chase Bank USA and American Express.
Vuong pleaded guilty in August 2016 to conspiracy to commit bank fraud and aggravated identity theft.
Vuong told federal investigators that he made at least $6,000 per month selling stolen credit cards and “used the funds from the sale of stolen credit cards to pay for personal expenses, including designer handbags and boots, two BMW automobiles, alcohol and drugs,” according to court documents.
Prior to being confronted with evidence of the thefts, Vuong had worked at the United States Postal Service Santa Ana Processing and Distribution Center as a mail processing clerk for about 25 years. On October 6, 2015, federal authorities searched Vuong’s residence and seized approximately 199 stolen credit cards and luxury items, such as more than 20 handbags from designers that included Prada, Louis Vuitton and Gucci.
“On the day of the warrant, [Vuong] described to federal agents how he executed the bank fraud conspiracy and identity theft scheme,” according to a sentencing memorandum filed with the court. “While at work, [Vuong] would identify envelopes that contained American Express and Chase credit cards but had been marked ‘undeliverable.’ Rather than let those envelopes be returned to the respective bank, [Vuong] stuffed the envelopes with new credit cards inside into his waistband. Then, he made trips to his car while on break to hide the stolen credit cards.”
Vuong admitted to investigators that in the year prior to the search, he had stolen an average of 40 credit card envelopes, three to five nights per week, which means he stole at least 6,240 credit cards over a one-year period.
The investigation into Vuong was conducted by the U.S. Postal Inspection Service’s Identity Theft & Economic Crimes Task Force; the United States Postal Service, Office of the Inspector General; and the Federal Bureau of Investigation. The Westminster Police Department provided assistance during the investigation.
The case against Vuong was prosecuted by Assistant United States Attorney Vibhav Mittal of the Santa Ana Branch Office.
Former Owner and Manager of Long Island Catering Hall Indicted for Forced Labor and Visa FraudRead the Press Release
A six-count indictment was unsealed today in federal court in Central Islip, New York, charging Ralph Colamussi and Roberto Villanueva with conspiring to engage in forced labor of immigrants and visa fraud, as well as related substantive counts, fraud in foreign labor contracting and fraudulent inducement of aliens to enter and remain in the United States in violation of law. Both defendants were arrested this morning and will be arraigned this afternoon before United States Magistrate Judge Anne Y. Shields.
Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Angel M. Melendez, Special Agent-in-Charge, Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI), Thomas M. Cioppa, District Director, United States Citizenship and Immigration Services (USCIS), and Michael Mikulka, Special Agent-in-Charge, U.S. Department of Labor, Office of Inspector General (DOL-OIG), announced the charges.
“As alleged, Colamussi and Villanueva lured immigrants from the Philippines to the United States with false promises regarding jobs and overtime pay in order to line their own pockets at the expense of the victims,” stated Acting United States Attorney Rohde. “This Office, together with our law enforcement partners, will hold accountable those who engage in such illegal, exploitive behavior.”
“This case is an example of ruthless labor trafficking hiding in plain sight. These individuals allegedly committed visa fraud while forcing people to work in their catering hall under horrible conditions, in what seemed to be an inescapable situation,” stated HSI Special Agent-in-Charge Melendez. “It is important for anyone who may believe they are a victim of trafficking to know that our investigations are victim-centered, focusing on keeping the victim safe while bringing their traffickers to justice.”
“USCIS played a meaningful role in bringing suspects of this inhumane criminal activity to face justice,” said USCIS New York District Director Cioppa. “Supporting cases like these is an important way USCIS fulfills key parts of our mission: safeguarding the integrity of our immigration system and securing the homeland.”
“An important function of the Office of Inspector General is to investigate allegations of fraud related to the Department of Labor's administration of the H-2B Visa program,” stated DOL-OIG Special Agent-in-Charge Mikulka. “We will continue to proactively work with our law enforcement partners to investigate these types of allegations.”
At the time of the events alleged in the indictment, Colamussi was the owner and operator of Thatched Cottage, a popular catering and wedding venue in Centerport, New York, as well as the owner and operator of the Jellyfish Restaurant, a popular bar located next door to the Thatched Cottage. As alleged in the indictment, between approximately August 2008 and March 2013, Villanueva and Colamussi recruited prospective employees in the Philippines with false promises of jobs with overtime pay, as waiters, servers, cooks, chefs and food preparation. The prospective employees were illegally made to pay the defendants money in advance in order to qualify for the visa interview in the United States and directed to conceal such payments from the United States Department of State during visa interviews. Workers were not only brought to the United States by means of fraudulent promises of specific employment, but upon arrival, were forced to work at lower than promised wages without overtime. The workers were also forced to care for Colamussi’s relatives, including his father, and to perform construction work at the Jellyfish Restaurant.
Workers were brought to the United States on H-2B visas that expired shortly after their arrival in the United States. Once their H-2B visas expired, workers were allegedly told by Colamussi and Villanueva to apply for student visas and to fraudulently represent that they intended to attend school full-time and had sufficient resources to support themselves during school. Colamussi and Villanueva, at times, deposited funds in the workers’ bank accounts to give the appearance of resources and then withdrew the funds once the student visas were approved. The workers continued to work for Colamussi and Villanueva during the term of their student visas, attending school one day a week.
When the workers objected to performing certain jobs or working consecutive shifts, Colamussi and Villanueva threatened to report them to immigration authorities. Colamussi had many workers whose visas had expired living in the basement of his home in East Northport, New York, and working for him off the books.
The charges contained in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
If convicted, Colamussi and Villanueva face a maximum term of imprisonment of 20 years for forced labor and conspiracy to commit forced labor, 10 years for visa fraud and fraud in foreign labor contracting, and five years for conspiracy to commit visa fraud and inducement of an alien to illegally enter and reside in the United States. Defendants also face forfeiture of all proceeds and the house in East Northport where the immigrants lived in the basement.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Charles P. Kelly is in charge of the prosecution with the assistance of Assistant United States Attorney Madeline O’Connor of the Office’s Civil Division, which is responsible for the forfeiture of assets.
Former IRS Revenue Agent Sentenced to Two Years in Federal Prison for Distributing MethamphetamineRead the Press Release
BOISE – David Lon Rose, 43, of Boise, was sentenced last week in federal court to two years in prison followed by four years of supervised release for distributing methamphetamine, U.S. Attorney Bart M. Davis announced. Rose pleaded guilty to that charge on September 18, 2017. He was sentenced by Senior U.S. District Judge Edward J. Lodge at the federal courthouse in Boise.
According to court records, Rose distributed 37 grams of pure methamphetamine to a confidential informant on two separate occasions in December of 2016. The investigation into Rose’s methamphetamine dealing began in May of 2016. In June of 2016, Rose resigned from his position as a revenue agent for the Internal Revenue Service.
This case was the result of a joint investigation by the Boise Police Department, the Federal Bureau of Investigation and the Organized Crime and Drug Enforcement Task Force (OCDETF). The Organized Crime and Drug Enforcement Task Force (OCDETF), includes the cooperative law enforcement efforts of the Federal Bureau of Investigation; Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Internal Revenue Service-Criminal Investigation; and U.S. Marshals Service. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Former Bookkeeper and Associate Plead Guilty to Embezzling More Than $1 M from Fresno BusinessRead the Press Release
FRESNO, Calif. — Fresno residents Brandi Marshall, 41, and Daniel Barrios Jr., 37, pleaded guilty today to conspiracy to commit wire fraud and bank fraud and conspiracy to launder money in connection with their embezzlement of money from a Fresno business, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Marshall was employed as the company’s bookkeeper between October 2014 and March 2016 and was responsible for, among other things, receiving and depositing checks from customers to pay their invoices. During that time, she and Barrios misappropriated more than 100 checks and fraudulently deposited them into Barrios’s personal bank account. Marshall and Barrios used money derived from the fraudulently deposited checks for personal purchases, including more than $35,000 to purchase and accessorize a 2016 Ford Mustang GT, and more than $25,000 to purchase a 2012 Dodge Challenger. Marshall created fictitious entries in the company’s computer accounting application to attempt to conceal the embezzlement. Together, Marshall and Barrios embezzled more than $1 million dollars.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case.
Marshall and Barrios are scheduled to be sentenced by U.S. District Judge Dale A. Drozd on March 12, 2018, and March 19, 2018, respectively. They face a maximum statutory penalty of 30 years in prison and a $1 million fine for conspiracy to commit wire fraud and bank fraud, and an additional 10 years in prison and $250,000 fine for conspiracy to launder money. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Federal inmate sentenced for murder of fellow prisonerRead the Press Release
CLARKSBURG, WEST VIRGINIA – Kevin Marquette Bellinger, a federal inmate at the U.S. Penitentiary Hazelton in Bruceton Mills, West Virginia, was sentenced today to life in prison for murdering another inmate, United States Attorney Bill Powell announced.
Bellinger, 36, formerly of Washington, D.C., was found guilty of one count of murder by a federal prisoner serving a life sentence and one count of second degree murder in a federal facility for his role in the Oct. 7, 2007, murder of fellow inmate Jesse Harris by a jury in August 2017.
Bellinger and fellow inmate, Patrick Andrews, stabbed Harris to death with homemade knives in an orchestrated attack. According to evidence introduced during Bellinger’s trial, while a group of inmates were being moved from the recreation yard back to their cells, Andrews and Bellinger confronted Harris and repeatedly stabbed him. In less than a minute, a correctional officer approached and the attackers fled. Officers apprehended Andrews after reviewing surveillance footage, which showed Andrews and Bellinger engaged in a verbal confrontation with Harris, followed by the two attackers wielding weapons and assaulting Harris, who was unarmed and backing away from them. Harris ultimately died from multiple stab wounds sustained during the attack.
At the time of the murder, Bellinger was serving a sentence of 15 years to life for an assault with intent to kill that took place in 2000.
Bellinger was convicted in this case by a federal jury on June 16, 2014 and sentenced to life in prison. That conviction was overturned on appeal in June 2016.
Assistant U.S. Attorneys Andrew R. Cogar and Sarah E. Wagner prosecuted the case on behalf of the government. This case was investigated by the FBI and the U.S. Bureau of Prisons.
Senior U.S. District Judge Irene M. Keeley presided.
Federal Jury Finds Armed Career Criminal Guilty on Firearm and Ammunition ChargesRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Michael Moore (36, Sarasota) guilty of possessing a firearm and ammunition as a convicted felon. He faces a minimum mandatory term of 15 years, up to life, in federal prison. His sentencing hearing is scheduled for March 7, 2018.
Moore was indicted on July 18, 2017.
According to evidence presented at trial, on May 28, 2017, Moore had an altercation with his girlfriend during which he removed her loaded firearm from underneath the driver’s seat of her car. When Moore’s girlfriend reported him to the police for stealing her loaded firearm, he hid the weapon at a friend’s house. After his girlfriend agreed to drop the gun report against him, Moore retrieved the loaded firearm and returned it to her. As a previously convicted felon, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Sarasota Police Department. It is being prosecuted by Assistant United States Attorneys Kaitlin R. O’Donnell and Michael Baggé-Hernández.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN), which is a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney W. Stephen Muldrow coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Detroit man sentenced for heroin traffickingRead the Press Release
CLARKSBURG, WEST VIRGINIA – Wali “Black” Murphy, of Detroit, Michigan, was sentenced today to 46 months incarceration for drug trafficking, United States Attorney Bill Powell announced.
Murphy, age 25, pled guilty to one count of “Distribution of Heroin” in September 2017. Murphy admitted to selling heroin in September 2016 in Monongalia County.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.Defendant Charged with Smuggling 77 Pounds of Deadly Fentanyl into the United States in one of Largest Fentanyl Seizures along Southwest BorderRead the Press Release
Assistant U. S. Attorney Sherri Walker Hobson (619) 961-0287
NEWS RELEASE SUMMARY – December 11, 2017
SAN DIEGO – Tijuana resident Flavio Diego Rivera Davalos was arraigned today in federal court on charges that he smuggled approximately 77.82 pounds of fentanyl into the United States in one of the largest seizures of the deadly drug along the Southwest border with Mexico.
According to court documents, Davalos entered the United States from Mexico via the San Ysidro, California Port of Entry. Davalos, a visa holder, was the driver, sole occupant and registered owner of the 2010 Ford Focus bearing Baja California, Mexico license plates.
In pre-primary inspection, a Customs and Border Protection Officer and an assigned Narcotics and Human Detection Dog were conducting roving operations when the canine alerted to the odor of narcotics at the vehicle’s passenger rear door area and rear seats.
A CBP officer questioned Davalos regarding his purpose of travel to the United States and he responded that he was going to “Las Americas” Premium Outlets shopping mall. At the secondary inspection area, CBP officers detected anomalies in the rear seat and rear quarter panels of the vehicle. According to a complaint, officers found 31 packages throughout the vehicle, including in the driver’s side quarter panel, the passenger’s side quarter panel, the driver’s side rear seat, the passenger’s side rear seat, the speaker box and the firewall under the hood.
The defendant’s detention hearing is scheduled on December 14 at 9:45 a.m. before U.S. Magistrate Judge Karen Crawford and his preliminary hearing is set for December 21 at 2 p.m.before U.S. Magistrate Judge Jan Adler.
Federal authorities, led by U.S. Customs and Border Protection and Homeland Security Investigations, confiscated 542.42 kilograms of fentanyl in FY 2017. In FY 2015, there were only six seizures totaling 30.18 kilograms. This represents a 914 percent increase in fentanyl seizures at the Ports of Entry in the Southern District of California.
DEFENDANT Case Number 17MJ4684
Flavio Diego Rivera Davalos Age 19 Tijuana, Mexico
CHARGES
Importation of Controlled Substance: 10 year minimum mandatory to life; fine of $1 million dollars; at least 3 years of supervised release; $100 Special Assessment
AGENCIES
Customs and Border Protection (CBP)
Homeland Security Investigations (HSI)
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendant is considered innocent unless and until proven guilty.
Credit Union Manager Sentenced to Prison, Ordered to Pay Restitution for Embezzling Nearly $1 MillionRead the Press Release
PITTSBURGH - A resident of Washington, Pennsylvania, has been sentenced in federal court to one year of imprisonment, followed by five years supervised release and ordered to pay approximately $979,595.82 in restitution on her conviction of embezzlement, Acting United States Attorney Soo C. Song announced today.
United States District Judge Donetta W. Ambrose, imposed the Catherine M. Linton, 58, of Washington, Pennsylvania.
According to information presented to the Court, Linton, as former manager of Trailblazer Federal Credit Union, embezzled approximately $979,595.82.
Assistant United States Attorney Robert S. Cessar prosecuted this case on behalf of the government.
Acting U.S. Attorney Song commended Federal Bureau of Investigation for the investigation leading to the successful prosecution of Linton.