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Tuesday 24 October 2017
Connecticut Resident Sentenced for Defrauding Elderly Family and FriendsRead the Press Release
PROVIDENCE, R.I. – Robert Oathout, 37, of Hartford, Conn., was sentenced in U.S. District Court in Providence, R.I., on Monday to 63 months in prison for defrauding elderly family members and family friends of more than $447,000. According to court documents, Oathout told the victims that he needed to borrow the money to pay medical expenses in advance of his receipt of a one million dollar settlement payment as the result of a botched medical procedure performed on him at a Connecticut medical facility. Oathout told the victims that the medical facility would repay them upon payment of the settlement.
An investigation by the FBI determined that no such medical procedure was performed on Oathout and that he was not due any settlement payments from the medical facility.
Robert Oathout pleaded guilty on July 16, 2017, to eight counts of wire fraud.
At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Oathout to serve 3 years supervised release upon completion of his term of incarceration and to pay restitution to the victims in the amount of $434,635.75. The U.S. Sentencing Guidelines range of imprisonment in this matter is 63-78 months. The government recommended the court impose a sentence of 63 months in incarceration.
Robert Oathout’s sentence is announced by Acting United States Attorney Stephen G. Dambruch and Harold H. Shaw, Special Agent in Charge of the FBI Boston Field Division.
According to information provided to the Court, as part of the scheme, between September 27, 2013, and December 22, 2015, Oathout induced his victims, all between the ages of 67 an 87 years, to transfer a total of $447,267.25 to him electronically. Electronic transfers of varying amounts were made to Oathout before, while and after he was a federal inmate at the Donald W. Wyatt Detention Center in Central Falls, R.I. Some of the funds were transferred into his and other inmates’ prison accounts while he was being detained on federal drug charges in an unrelated case brought against him by the United States Attorney’s Office for the District of Connecticut.
The fraud case in the District of Rhode Island was prosecuted by Assistant U.S. Attorney Sandra R. Hebert. The matter was investigated by the FBI.
Acting United States Attorney Stephen G. Dambruch and Harold H. Shaw, Special Agent in Charge of the FBI Boston Field Division, acknowledge and thank investigators at the Donald W. Wyatt Detention Center for their assistance in the investigation of this matter.
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Community partners and DEA in Ohio hold Prescription Drug Take Back Day this SaturdayRead the Press Release
This Saturday, October 28, from 10 a.m. to 2 p.m. the federal Drug Enforcement Administration (DEA) and its local law enforcement, community and tribal partners will give the public its 14th opportunity in seven years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Individuals can take pills and other solid forms of medication to one of almost 5,000 collection sites nationwide, and 235 sites in Kentucky, manned by more than 4,000 partners nationwide. (DEA cannot accept liquids, needles or sharps.) They can find nearby collection sites at www.DEATakeBack.com or by calling 800-882-9539. The service is free and anonymous, no questions asked.
“Disposing of leftover painkillers or other addictive medicines in the house is one of the best ways to prevent a member of your family from becoming a victim of the opioid epidemic,” said DEA Acting Administrator Robert W. Patterson. “More people start down the path of addiction through the misuse of opioid prescription drugs than any other substance. The abuse of these prescription drugs has fueled the nation’s opioid epidemic, which has led to the largest rate of overdose deaths this country has ever seen.”
“We know of many cases where leftover pain pills have led to an opioid addiction,” U.S. Attorney Justin Herdman said. “Properly disposing of these pills is one important step anyone can take to get involved in turning the tide on the opioid epidemic that has caused so much pain here in Ohio.”
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—posed potential safety and health hazards.
Last April the public turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills.
Columbia Man Pleads Guilty to Producing Child Pornography, Faces 15 Years in PrisonRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Columbia, Mo., man pleaded guilty in federal court today to producing and possessing child pornography.
Justin Gene Hull, 33, of Columbia, pleaded guilty before U.S. Magistrate Judge Willie J. Epps, Jr., to the charges contained in an Aug. 24, 2016, federal indictment.
By pleading guilty today, Hull admitted that he used a child victim to produce child pornography on Dec. 9, 2015. Hull also admitted that he was in possession of child pornography from December 2014 to December 2015.
A detective in the Boone County Sheriff’s Department Cyber Crimes Task Force received a CyberTip from the National Center for Missing and Exploited Children on Oct. 6, 2015, regarding a complaint from Dropbox. Hull had uploaded approximately 71 videos believe to contain child pornography to his Dropbox account. Investigators examined Hull’s Dropbox records, which indicated that approximately 390 videos (with titles consistent with child pornography) had been uploaded between July 2014 and July 2015.
On Dec. 10, 2015, law enforcement officers executed a search warrant at Hull’s residence and seized a cell phone. During an examination of the phone, the Kik application was found to be installed on the phone, and numerous chats of a sexual nature were discovered. During various Kik chats, Hull claimed to have 400 child pornography videos, and during the chats he provided links to child pornography files stored on Dropbox. The content of the messages indicated that Hull was exchanging child pornography with other Kik users.
During a Dec. 9, 2015, conversation with a 16-year-old Kik user, Hull requested and received pornographic images she took of herself.
A total of 478 images depicting child pornography were found on Hull’s cell phone, the majority of which were thumbnail images associated with Dropbox. Other child pornography images were found associated with Skype and Kik. Numerous videos were found on the phone, as well as cached videos related to Kik and Dropbox.
Under the terms of today’s plea agreement, the government will recommend that Hull receive a sentence of 15 years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the FBI, the Boone County, Mo., Sheriff’s Department and the St. Charles Cyber Crimes Forensic Laboratory.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Clairton Man Pleads Guilty to Drug Possession ChargesRead the Press Release
PITTSBURGH – A resident of Allegheny County, Pennsylvania, pleaded guilty in federal court to charges of possession with intent to distribute crack cocaine and heroin, Acting United States Attorney Soo C. Song announced today.
Kevin Jabbar Thomas, age 42, of Clairton, Pennsylvania, pleaded guilty yesterday to two counts before Senior United States District Judge Donetta W. Ambrose.
In connection with the guilty plea, the court was advised that the Pennsylvania Office of the Attorney General and the Clairton Police Department were conducting an investigation into the illegal drug activities of the defendant. On April 26, 2016, agents and police officers executed a search warrant on the defendant’s Clairton residence. They recovered crack cocaine, heroin, cocaine, marijuana and other drug paraphernalia.
Judge Ambrose scheduled sentencing for March 20, 2018. The law provides for a maximum total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Pennsylvania Office of the Attorney General, and the Clairton Police Department conducted the investigation leading to the indictment in this case.
Cherry Tree Man Pleads Guilty to Assault with Dangerous WeaponRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that LEEROY SOAP JR, age 39, of Cherry Tree, Oklahoma pled guilty to ASSAULT WITH A DANGEROUS WEAPON IN INDIAN COUNTRY, in violation of Title 18, United States Code, Sections 113(a)(3), 1151 and 1153, punishable by not more than 10 years imprisonment, and up to a $250,000.00 fine or both.
The Indictment alleged that on or about July 13, 2017, in the Eastern District of Oklahoma, within Indian country, on an Indian allotment the Indian title to which had not been extinguished, and within the special maritime and territorial jurisdiction of the United States, the defendant, LEEROY SOAP JR., an Indian, did knowingly assault J.E. with a dangerous weapon with intent to do bodily harm.
The charge arose from an investigation by the Cherokee Nation Marshal Service, the Adair County Sherriff’s Office, and the Federal Bureau of Investigation.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Chris Wilson represented the United States.
Camp Street Gang Member Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Camp Street Gang member Tramell McGee, 34, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of cocaine, was sentenced to 36 months in prison by U.S. District Judge Lawrence J. Vilardo.Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that the defendant was a member of the Camp Street Gang, which operates in the Camp Street area of the City of Buffalo and is believed to be responsible for the distribution of illegal narcotics including cocaine. Tramell McGee distributed cocaine between November 2015 and March 2016. During the investigation, the defendant sold cocaine to a confidential source working with the Federal Bureau of Investigation on four separate occasions. Each sale included 62 grams of cocaine for $2,500.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Burlington Men Sentenced to Prison for Distributing MethamphetamineRead the Press Release
DAVENPORT, Iowa – On Monday, October 23, 2017, and Tuesday, October 24, 2017, United States District Court Judge Stephanie M. Rose sentenced Burlington residents Robert Perkins, Sheldon William Krogmeier, and Victor Lamont Tate for their roles in a methamphetamine distribution conspiracy, announced United States Attorney Marc Krickbaum.
Perkins, 46, was sentenced to 120 months in prison for conspiracy to distribute at least 50 grams or more of methamphetamine and ordered to serve five years of supervised release following his imprisonment. Krogmeier, 44, was sentenced to 96 months in prison for conspiracy to distribute at least five grams of methamphetamine and ordered to serve four years of supervised release following his imprisonment. Tate, 46, was sentenced to 72 months in prison for conspiracy to distribute methamphetamine and ordered to serve three years of supervised release following his imprisonment. All three were also ordered to pay $100 to the Crime Victims’ Fund.
Between May and June of this year, Perkins, Krogmeier, and Tate all pled guilty to the charges, which arose from an investigation of individuals selling methamphetamine in the Burlington area. Beginning in or about June of 2016 and continuing until on or about September 28, 2016, Perkins, Krogmeier, Tate, and others sold approximately 500 grams of ice methamphetamine to individuals in Burlington, including to an undercover officer. On September 28, 2016, law enforcement executed numerous search warrants in this investigation, seizing ice methamphetamine, marijuana, cocaine, crack cocaine, prescription pills, and three firearms.
This case was investigated by the Burlington Police Department, Johnson County Drug Task Force, Southeast Iowa Narcotics Task Force, Iowa Division of Narcotics Enforcement, and the Drug Enforcement Administration. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
Businessman Sentenced to Federal Prison for Fraud and Money Laundering Related to Construction of Baker Elementary SchoolRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that U.S. District Judge John W. deGravelles sentenced NATHIAN D. HOSSLEY, age 51, of Baton Rouge, to serve 78 months in federal prison for defrauding a construction contractor out of over $800,000 in relation to the construction of the Impact Charter School in Baker, Louisiana. The Court also ordered HOSSLEY to make restitution payments to Bouma Construction (“Bouma”) and MidSouth Bank in the amounts of $261,339.16 and $44,000, respectively, and will be required to serve a three-year term of supervised release upon his release from prison.
Last October, HOSSLEY pled guilty to wire fraud and money laundering. These convictions arose from HOSSLEY’s ownership and operation of First Millennium Construction (“First Millennium”), a local commercial construction company headquartered in Baton Rouge, and Spice Bistro, a local restaurant that HOSSLEY co-owned.
In 2014, HOSSLEY submitted a bid to Bouma for First Millennium to work as a subcontractor on construction of the Impact Charter School in Baker, Louisiana, in 2014. During the bidding process, HOSSLEY submitted an application for the job to Bouma in which he fraudulently represented that he had never been indicted or convicted of a crime, when, in fact, he had multiple federal convictions for wire fraud, bank fraud, conspiracy to commit bank fraud, and providing a false statement in connection with a bank loan. Bouma ultimately hired First Millennium for the Impact Charter School project and the companies entered into a contract for $1,221,163.00.
Construction on the school started in June of 2014. Shortly thereafter, HOSSLEY submitted multiple payment applications to Bouma that falsely understated or omitted money owed to certain subcontractors and vendors that he had hired to work on the job. HOSSLEY concealed from Bouma that he was using that company’s construction payments on personal expenditures and on Spice Bistro, a restaurant he had recently opened and co-owned. HOSSLEY furthered the scheme in October of 2014 by forging and causing one of his employees to forge the signatures of First Millennium subcontractors on joint checks and lien waivers. This resulted in Bouma paying his company another $96,125 for the Impact Charter School project, which HOSSLEY quickly used to make a $29,474.34 payment on his American Express credit card and on a $22,000 transfer of funds to Spice Bistro. In total, HOSSLEY caused over $800,000 in losses to Bouma through his fraudulent scheme.
Acting U.S. Attorney Corey Amundson stated, “Mr. Hossley met justice this afternoon in federal court and will be spending his days and nights in a well-deserved prison cell. Through fraud, he became involved in a project to build Impact Charter School and then stole from the project. Because of the defendant’s fraud, the general contractor was unable to pay employee bonuses and the school’s students had to start the year in a temporary facility. I commend Bouma Construction and the other companies and workers who assisted in this investigation and helped to bring this defendant to justice. I also greatly appreciate the dedicated and outstanding efforts of the prosecutors and FBI agents who worked on this important matter.”
FBI Special Agent in Charge Jeffrey Sallet stated, “Mr. Hossley’s lies and deceit caused real harm to real people. It’s people like Mr. Hossley that tarnish the reputation of the hard-working men and women in the construction industry, and potentially have a negative impact on out of state companies seeking to invest in Louisiana. In coordination with our local, state and federal partners, the FBI will continue to aggressively pursue any credible allegations of fraud and abuse.”
The investigation was handled by the Baton Rouge office of the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Ryan Crosswell, Rene Salomon, and Cal Leipold.
Azle Man Sentenced to 210 Months in Federal Prison for Distributing Child PornographyRead the Press Release
FORT WORTH, Texas — Jeremy Michael Matthews, 27, of Azle, Texas, was sentenced today by U.S. District Judge Terry R. Means to 210 months in federal prison, following his guilty plea in May 2017 to one count of distribution of a visual depiction of a minor engaged in sexually explicit conduct, announced U.S. Attorney John Parker of the Northern District of Texas.
Matthews has been in custody since the date of his arrest in March 2017.
According to documents filed in the case, starting in early 2014, Matthews began receiving and sending images of child pornography through the Kik instant messaging application. On March 24, 2016 law enforcement executed a search warrant at Matthews’ residence and he admitted that he possessed child pornography on his cell phone. A review of Matthews’ cell phone revealed approximately 650 images of child pornography. Matthews’ computer contained approximately 982 images of child pornography.
The cases were brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Federal Bureau of Investigation and the Texas Rangers investigated the case. Assistant U.S. Attorney Megan Fahey was in charge of the prosecution.
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Augusta Man Sentenced to 10 Years for Possession of Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Joshua Harrison, 35, of Augusta, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 10 years in prison to be followed by a lifetime of supervised release for possessing child pornography. Harrison pleaded guilty on December 15, 2016.
According to court records, in August 2015, law enforcement agents learned that child pornography had been located in the defendant’s email account. A search warrant was executed at the defendant’s Augusta residence and agents seized his laptop computer. Agents also seized a second computer belonging to the defendant from a local pawn shop. Forensic examination of these devices revealed multiple images of child pornography. During the search of his residence, the defendant also admitted that he obtained child pornography by email and a messaging application and that he met people in online chat rooms to obtain child pornography.
The case was investigated by U.S. Immigration & Customs Enforcement’s Homeland Security Investigations, the Maine State Police Computer Crimes Unit, and the Augusta Police Department.
Armed Career Criminal Sentenced to 15 Years in PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Raimundo Hogan (41, Jacksonville) to 15 years in federal prison for possessing a firearm as a convicted felon. A federal jury found him guilty on December 15, 2016.
According to testimony presented at trial, on February 26, 2016, Hogan was a passenger in a car that was stopped for a seatbelt violation. A patrol officer with the Jacksonville Sheriff’s Office and a civilian observer both witnessed Hogan flee from the vehicle with a Glock pistol in his hand. Hogan threw the pistol and officers later recovered the firearm at the scene. After a short pursuit, Hogan was apprehended.
According to court documents and Florida Department of Corrections records, Hogan has prior convictions for escape, armed robbery, aggravated assault, armed carjacking, and possession of a firearm by a convicted felon. As a result, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Jason Mehta and Frank Talbot.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN) — 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.
Aggravated Felon Sentenced to Prison for Illegal Reentry into the United StatesRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell has sentenced Luis Bernardo Gonzalez-Martinez (29, Mexico) to 15 months in federal prison for illegal reentry after deportation, subsequent to an aggravated felony conviction.
Gonzalez-Martinez pleaded guilty on July 25, 2017.
According to court documents, Gonzalez-Martinez, a Mexican citizen, was convicted of burglary on May 26, 2009, and sentenced to three years’ imprisonment before being removed from the United States on or about June 12, 2012, and again on June 17, 2013. On April 1, 2017, immigration officers encountered Gonzalez-Martinez, a confirmed member of the Sureños (Sur 13) street gang, back in the United States illegally when he was arrested for possession of marijuana.
“Our communities are safer today with this criminal gang member behind bars,” said Marc J. Moore, field office director for the Miami Field Office of ERO. “This case highlights ICE’s priorities on the arrest and removal of national security and public safety threats, as has been emphasized by our leadership.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations and U.S. Custom and Border Protection’s Border Patrol. It was prosecuted by Special Assistant United States Attorney Christina R. Downes, on assignment from the Office of Principal Legal Advisor, ICE, in the Middle District of Florida.
24 Defendants Plead Guilty to Murphy-Village Criminal ConspiracyRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that John U. Carroll, Ann Carroll, Courtney Carroll, Jay G. Carroll, Mary C. Carroll, Mary Rita Carroll, Ralph Carroll, Mary Gorman, Tina Gorman, Thomas Martin Mack, Rachel McNally, Billy O'Hara, Jim O'Hara, Winnie O'Hara, Hugh Riley, Melissa Riley, Tracy Riley, Betty Sherlock, M. Lisa Carroll Sherlock, Michael P. Sherlock, Patricia Sherlock, Patrick Sherlock, Sandra Sherlock, and Ann F. Sherlock, all of North Augusta, South Carolina, have entered guilty pleas in federal court in Columbia, to Criminal Conspiracy, a violation of 18 U.S.C. § 371. United States District Judge J. Michelle Childs, of Columbia, accepted the guilty pleas and will impose sentences after she has reviewed the presentence reports prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that the defendants and others agreed to commit an array of criminal activities to make money and further this criminal conspiracy. This conspiracy includes both residents of an insular group in North Augusta, S.C., and outsiders. The insular group self describes themselves as travelers, live in a defined geographic location, have unique language and traditions, and are funded largely by the illegal activities. The travelers and certain outsiders —like car salesmen, insurance agents, and tax preparers – agreed to commit various types of crimes that included mail and wire fraud related to insurance applications, loan applications, and government benefits such as food stamps, Medicaid, and tax refunds. Additionally, certain individuals participated in the interstate transportation of stolen items. Moreover, money that came into the conspiracy as a result of these criminal activities was laundered and structured to avoid reporting requirements.
U.S. Attorney Drake, in commending the collaborative efforts of law enforcement, added, “Over the past three years, agents from numerous local, state, and federal agencies worked together to conduct a joint investigation into this criminal enterprise in North Augusta. Today, twenty-four people accepted responsibility in federal court for their respective roles in this conspiracy. With today’s round of guilty pleas, that brings the total to approximately fifty people held accountable to date. This investigation and subsequent convictions should serve as both a reminder and notice to all that if you commit fraud, you will be brought to justice.” Each defendant faces up to five years in federal prison and a fine of $250,000.
The case was investigated by agents of the FBI, the United States Marshals Service, IRS Criminal Investigations, the USDA Office of Inspector General-Investigations, the Postal Inspector’s Office, the South Carolina Attorney General’s Medicaid Fraud Unit, the Second Circuit Solicitor’s Office, Aiken County Sheriff’s Office and South Carolina Department of Social Services. Assistant United States Attorneys Jim May and Jay Richardson of the Columbia office are prosecuting the case.
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Monday 23 October 2017
Warren man indicted for heroin traffickingRead the Press Release
A Warren man was indicted in federal court for heroin trafficking, said U.S. Attorney Justin E. Herdman.
Shawn L. Price, 37, knowingly distributed heroin on Aug. 10 and 24, 2016, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mahoning Valley Law Enforcement Task Force. The matter is being prosecuted by Assistant United States Attorney Jason M. Katz.
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.
Walthill Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
Acting United States Attorney Robert C. Stuart announced today that Newton Dale, age 31, of Walthill, Nebraska was sentenced today by Chief United States District Court Judge Laurie Smith Camp for his conviction for failure to register as a sex offender. Dale was sentenced to 30 months of imprisonment to be followed by five years of supervised release.
Dale was convicted of statutory rape on the Omaha Indian Reservation in Nebraska in 2013. When Dale began his term of supervised release in 2017, he was advised by his probation officer that he needed to register as a sex offender. Despite maintaining residences on the Omaha Indian Reservation and in Norfolk, Nebraska, Dale failed to register as a sex offender with either the Madison County Sheriff’s Office or the Omaha Nation Law Enforcement Services.
This case was investigated by the United States Marshal’s Office.
United States Files Enforcement Action Against Long Island Company and Its Owner to Prevent Distribution of Adulterated and Misbranded Dietary SupplementsRead the Press Release
BROOKLYN, N.Y. – The United States filed a civil complaint against Riddhi USA Inc. of Ronkonkoma, New York, and its owner and President Mohd M. Alam to prevent the distribution of adulterated and misbranded dietary supplements in violation of federal law, the Department of Justice announced today.
The complaint, filed in the U.S. District Court for the Eastern District of New York, alleges that dietary supplements that the defendants manufactured, prepared, packed, repacked, labeled, held and distributed were adulterated and misbranded. The complaint further alleges that these dietary supplements were prepared, packed, and held under conditions that do not comply with current good manufacturing practice regulations for these types of products.
The Department filed the complaint at the request of the U.S. Food and Drug Administration (FDA).
“Dietary supplement manufacturers that do not comply with applicable laws and regulations designed to protect consumers put those consumers at risk,” said Acting U.S. Attorney Bridget M. Rohde of the Eastern District of New York. “Today’s action demonstrates the Department’s commitment to safeguarding the public from adulterated and misbranded products.”
“The Department of Justice is committed to ensuring that dietary supplement manufacturers comply with laws designed to protect consumers,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work with the FDA to protect the public from adulterated and misbranded products, and to ensure that dietary supplement manufacturers provide accurate information about what is in their products.”
According to the complaint, the FDA inspected the defendants’ facility in January 2017 and found numerous significant deviations from current good manufacturing practice regulations. For example, as alleged in the complaint, the defendants failed to establish product specifications for identity, purity, strength, and composition of their finished dietary supplements, failed to conduct at least one appropriate test to verify the identity of a dietary ingredient, and failed to establish and follow written procedures for quality control operations.
The complaint further alleges that many of the current good manufacturing practice deviations observed during the FDA’s January 2017 inspection were the same or similar to those observed by the FDA during a previous inspection of the defendants’ facility that occurred in January 2016. The complaint noted that following the January 2016 inspection, the FDA issued a warning letter to the defendants detailing violations of current good manufacturing practice regulations observed during the 2016 inspection. The complaint alleges that the current good manufacturing practice violations noted in the warning letter were the same as or similar to those observed during the FDA’s subsequent 2017 inspection.
The complaint also alleges that the defendants misbranded their dietary supplements by failing to comply with the relevant labeling provisions of the federal Food, Drug, and Cosmetic Act. For example, as noted in the complaint, the defendants’ products are fabricated from two or more ingredients but fail to declare any ingredients on their product labels or labeling. Food, including dietary supplements, is also misbranded if its label or labeling fails to declare the major food allergen “soy” as defined in the law. The complaint alleges that the defendants’ Neuroxygen dietary supplement product is misbranded because it is manufactured using soy lecithin, which contains “soy,” but the defendants fail to list soy on the product label. Some of the defendants’ dietary supplement labels or labeling, including its labels or labeling for its Prenatal Formula, Osteo Gest, Neuroxygen, Inflam-Ease, and Aller-Ease products, fail to declare the place of business of the manufacturer, packer, or distributor as required by law.
The government is represented by Trial Attorney Monica Groat of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Edwin Cortes of the U.S. Attorney’s Office for the Eastern District of New York, with the assistance of Associate Chief Counsel for Enforcement Roselle Oberstein of the FDA, Office of General Counsel, Department of Health and Human Services.
A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at https://www.justice.gov/usao-edny.
United States Files Enforcement Action Against Long Island Company and Its Owner to Prevent Distribution of Adulterated and Misbranded Dietary SupplementsRead the Press Release
The United States filed a civil complaint against Riddhi USA Inc. of Ronkonkoma, New York, and its owner and President Mohd M. Alam to prevent the distribution of adulterated and misbranded dietary supplements in violation of federal law, the Department of Justice announced today.
The complaint alleges that Riddhi USA Inc. (Riddhi) and Mr. Alam engage in manufacturing, preparing, labeling, packing, repacking, holding, and distributing dietary supplements and are contract manufacturers of dietary supplements distributed under other companies’ names. The complaint, filed in the U.S. District Court for the Eastern District of New York, alleges that dietary supplements that defendants manufactured, prepared, packed, repacked, labeled, held and distributed were adulterated and misbranded. The complaint further alleges that these dietary supplements were prepared, packed, and held under conditions that do not comply with current good manufacturing practice regulations for these types of products.
The Department filed the complaint at the request of the U.S. Food and Drug Administration (FDA).
“The Department of Justice is committed to ensuring that dietary supplement manufacturers comply with laws designed to protect consumers,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work with the FDA to protect the public from adulterated and misbranded products, and to ensure that dietary supplement manufacturers provide accurate information about what is in their products.”
“Dietary supplement manufacturers that do not comply with applicable laws and regulations designed to protect consumers put those consumers at risk,” said Acting U.S. Attorney Bridget M. Rohde of the Eastern District of New York. “Today’s action demonstrates the Department’s commitment to safeguarding the public from adulterated and misbranded products.”
According to the complaint, FDA inspected the defendants’ facility in January 2017 and found numerous significant deviations from current good manufacturing practice regulations. For example, as alleged in the complaint, defendants failed to establish product specifications for identity, purity, strength, and composition of their finished dietary supplements, failed to conduct at least one appropriate test to verify the identity of a dietary ingredient, and failed to establish and follow written procedures for quality control operations.
The complaint further alleges that many of the current good manufacturing practice deviations observed during FDA’s January 2017 inspection were the same or similar to those observed by FDA during a previous inspection of defendants’ facility that occurred in January 2016. The complaint noted that following the January 2016 inspection, FDA issued a warning letter to defendants detailing violations of current good manufacturing practice regulations observed during the 2016 inspection. The complaint alleges that the current good manufacturing practice violations noted in the warning letter were the same as or similar to those observed during FDA’s subsequent 2017 inspection.
The complaint also alleges that the defendants misbranded their dietary supplements by failing to comply with the relevant labeling provisions of the federal Food, Drug, and Cosmetic Act. For example, as noted in the complaint, defendants’ products are fabricated from two or more ingredients but fail to declare any ingredients on their product labels or labeling. Food, including dietary supplements, is also misbranded if its label or labeling fails to declare the major food allergen “soy” as defined in the law. The complaint alleges that defendants’ Neuroxygen dietary supplement product is misbranded because it is manufactured using soy lecithin, which contains “soy,” but defendants fail to list soy on the product label. In addition, the complaint alleges that some of the defendants’ products, including Prenatal Formula, Osteo Gest, Neuroxygen, Inflam-Ease, and All-Ease, are misbranded in that the products’ label or labeling fail to declare the place of business of the manufacturer, packer, or distributor.
The government is represented by Trial Attorney Monica Groat of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Edwin Cortes of the U.S. Attorney’s Office for the Eastern District of New York, with the assistance of Associate Chief Counsel for Enforcement Roselle Oberstein of the FDA, Office of General Counsel, Department of Health and Human Services.
A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at https://www.justice.gov/usao-edny.
U.S. Customs and Border Protection Officer and Two Others Sentenced for Roles in Marihuana Distribution ConspiracyRead the Press Release
AMARILLO, Texas — Today, Russell Tim Shen, 69, Andre Jorge Hernandez, 39, and Ernesto Esteve, 50, all from Miami, Florida, appeared before U.S. District Judge Sidney A. Fitzwater and were sentenced for their roles in a marihuana distribution conspiracy, announced U.S. Attorney John Parker of the Northern District of Texas.
Shen, Hernandez, and Esteve were sentenced to 21 months’ custody, 15 months’ custody, and 3 years’ probation, respectively.
According to plea documents filed in the case, in December 2013, Esteve traveled from Florida to Colorado with Hernandez and purchased thousands of dollars’ worth of supplies and equipment used to grow and cultivate marihuana plants. In February 2014, Esteve’s credit card was used to purchase additional materials used for the growth and cultivation of marihuana plants.
On March 14, 2014, Esteve paid for one-way flights from Miami, Florida, to Denver, Colorado, for Hernandez and Shen, who was an officer with the U.S. Customs and Border Protection stationed in Miami, Florida. Shen and Hernandez rented a car in Denver, Colorado, which was due in Miami, Florida, on March 17, 2014.
On March 15, 2014, a Childress, Texas police officer pulled over a vehicle, driven by Shen, for following too closely. During the stop, Shen identified himself to the police officer as a federal law enforcement officer. The passenger in the vehicle was identified as Hernandez. Based on suspicious behavior, the Childress police officer asked for consent to search the vehicle. Shen refused to provide consent. So the police officer deployed his canine, who was already on the scene, to conduct a free-air sniff of the car. The police officer then informed Shen and Hernandez that he was going to search the car based on the canine’s alert. During the search, police found approximately 71 gross pounds of suspected marihuana in the trunk of the vehicle.
During an interview with law enforcement, Esteve made misleading statements to the agents about Shen’s and Hernandez’s conspiracy to distribute marihuana in an attempt to conceal the crime.
The Federal Bureau of Investigation; Department of Homeland Security, Office of Inspector General; Childress Police Department; Amarillo Police Department; Douglas County, Colorado Sheriff’s Office; and Castle Rock, Colorado Police Department conducted the investigation. Assistant U.S. Attorney Sean Taylor prosecuted.
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Two defendants sentenced to federal prison for drug chargesRead the Press Release
CHARLESTON, W.Va. – Two defendants were sentenced to federal prison today for drug crimes, announced United States Attorney Carol Casto. Joshua L. Henderson, 27, of Dayton, Ohio, was sentenced to four years in prison after previously pleading guilty to possession with intent to distribute fentanyl. In a separate prosecution, Larry Gaynor, 24, was also sentenced to four years in prison after previously pleading guilty to possession with intent to distribute heroin.
Henderson admitted that in early February 2017, he traveled from Dayton to Parkersburg several times a week to sell drugs. Using a confidential informant, the Parkersburg Police Department made multiple controlled purchases from Henderson of both heroin and fentanyl. On February 15, 2017, law enforcement obtained a search warrant for a residence where Henderson had been staying in Parkersburg. During the execution of the search warrant, Henderson attempted to flee by jumping from a second story window. Law enforcement caught Henderson and recovered over 13 grams of fentanyl and $1,800 in cash, as well as a Taurus 9mm pistol that had fallen from Henderson’s waistband during the jump. Additionally, law enforcement discovered more fentanyl, digital scales, small plastic baggies, and methamphetamine in or around Henderson’s bedroom. As part of his plea agreement, Henderson admitted to all the drug trafficking activity and to his possession of the gun.
In a separate prosecution, on October 26, 2016, Gaynor and another individual were pulled over in South Charleston. During the traffic stop, officers discovered approximately 100 grams of heroin, digital scales, baggies, and over $1,000 cash. Officers also discovered a 9mm handgun in Gaynor’s possession. As part of his plea agreement, Gaynor admitted to possession of the firearm and to all the charged drug trafficking activity.
The Parkersburg Police Department conducted the investigation of Henderson. Assistant United States Attorney Eumi L. Choi is in charge of the Henderson prosecution. Chief United States District Judge Thomas E. Johnston imposed Henderson’s sentence. The South Charleston Police Department conducted the Gaynor investigation. Assistant United States Attorney Haley Bunn is responsible for the Gaynor prosecution. United States District Judge John T. Copenhaver, Jr., imposed Gaynor’s sentence.
These cases were 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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Two Men Plead Guilty to Fentanyl Trafficking ChargesRead the Press Release
BOSTON – Two men pleaded guilty today in federal court in Boston to their roles in a widespread heroin and fentanyl trafficking conspiracy operating in Lawrence.
Victor Alexander Gonzalez-Gonzalez, 24, a Dominican national residing in Lawrence, and Carlos Hernandez, a/k/a Gordo, 34, of Manchester, N.H., each pleaded guilty to one count of conspiracy to possess with intent to distribute heroin, cocaine and fentanyl. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Gonzalez-Gonzalez for Jan. 25, 2018, and U.S. District Court Judge Denise L. Casper scheduled Hernandez’ sentencing for Jan. 23, 2018.
On May 30, 2017, after a year-long investigation aimed at attacking the fentanyl and heroin crisis in Lawrence and surrounding areas, more than 200 federal, state and local law enforcement officers conducted a drug sweep in order to dismantle two Lawrence-based drug trafficking organizations, one allegedly run by Juan Anibal Patrone, and another allegedly led by Santo Ramon Gonzalez-Nival, who was also a source of supply for Patrone. Gonzalez-Gonzalez and Hernandez were arrested and charged along with Patrone, Gonzalez-Nival, and approximately 30 co-conspirators.
Gonzalez-Gonzalez was a courier for the Patrone organization. When search warrants were executed at his residence, law enforcement officers seized over 400 grams of fentanyl. In addition, law enforcement intercepted thousands of calls between Gonzalez-Gonzalez and Patrone, where Patrone directed him to deliver drugs to customers, and Gonzalez-Gonzalez delivered back to Patrone the money he received from customers.
Hernandez was a redistributor in New Hampshire for the Gonzalez-Nival organization. He was arrested on Feb. 25, 2017, after picking up 12 10-gram units from Gonzalez-Nival’s courier. During a traffic stop shortly thereafter, approximately 120 grams of suspected fentanyl was seized from Hernandez and his passenger, co-defendant Rory Connolly.
Thus far, seven defendants associated with the conspiracy, including Gonzalez-Gonzalez and Hernandez, have pleaded guilty. Patrone, Gonzalez-Nival, and Connolly have pleaded not guilty and are awaiting trial.
The conspiracy charge provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of up to $1 million. Gonzalez-Gonzalez will be subject to deportation proceedings upon completion of his sentence. 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; Michal J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Essex County District Attorney Jonathan W. Blodgett; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Lawrence Police Chief James Fitzpatrick made the announcement today. The DEA Cross Border Initiative comprised of the DEA and the Andover, Haverhill, Lawrence, Lowell, and Wilmington Police Departments, conducted the investigation jointly with the Massachusetts State Police. Assistant U.S. Attorney Susan Winkler of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the cases.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Defendants in Bunkerville Standoff Case Plead Guilty to Obstruction of Court OrderRead the Press Release
LAS VEGAS, Nev. – Two men from Idaho pleaded guilty today in federal court to obstructing a federal court order during the impoundment of Cliven Bundy’s cattle in Bunkerville, Nev., in 2014.
Acting U.S. Attorney Steven W. Myhre for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division, and Acting Director Michael D. Nedd of the Bureau of Land Management made the announcement.
Eric J. Parker, 34, of Hailey, Idaho, and O. Scott Drexler, 47, of Challis, Idaho, each pleaded guilty to one count of obstruction of court order. United States District Chief Judge Gloria M. Navarro accepted the individual pleas and scheduled both defendants to be sentenced on Feb. 2, 2018. They each face the maximum statutory penalty of one year in prison and a $100,000 fine.
According to their individual pleas, beginning on or around March 28, 2014, federal law enforcement officers from the BLM and the National Park Service were engaged in the official duties of executing federal court orders authorizing them to remove and impound Cliven Bundy’s cattle trespassing on federal public lands in and around Bunkerville. On April 12, 2014, Parker and Drexler attended a rally held by Cliven Bundy and his family and heard Bundy direct those present to go to the BLM impoundment site and to get his cattle. Parker and Drexler then went to the BLM impoundment site along with several hundred other people who took positions in a wash leading into the impoundment site and on the I-15 overlooking the BLM impoundment site. While on the overpass, Parker and Drexler, both armed with rifles, heard the officers’ announcements, but did not comply with the orders and remained on the northbound I-15 bridge overlooking the impoundment site. The defendants failed to comply with the officers’ orders to leave the area. They presented a show of force in order to interfere with and impede the officers in the performance of their duties pursuant to federal court orders.
The investigation is being handled by the FBI and BLM. The case is being prosecuted by Acting U.S. Attorney Steven W. Myhre, Assistant U.S. Attorneys Nadia J. Ahmed and Daniel R. Schiess, and Special Assistant U.S. Attorney Erin M. Creegan.
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Twenty-Nine Individuals were Sentenced in a Multi-Agency Law Enforcement Operation Centered in Pompano BeachRead the Press Release
Twenty-nine individuals have been sentenced for their respective roles in selling guns and drugs in Pompano Beach following a yearlong intensive investigation lead by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, and Broward Sheriff’s Office. Sentences imposed on the defendants ranged from one to 12 years in prison.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Peter J. Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), and Amos Rojas, Jr., United States Marshal, United States Marshals Service (USMS) Fugitive Task Force, made the announcement.
Twenty-nine defendants were sentenced in 23 separate cases for their participation in a narcotics trafficking conspiracy, narcotics trafficking offenses and firearms-related violations. During the course of the law enforcement operation, the defendants collectively sold a total of 285 firearms to undercover officers, including AR-15s, AKs, pistols, revolvers, a short barrel rifle and a police sniper rifle. The defendants also sold heroin, flakka, cocaine, oxycodone and marijuana to undercover law enforcement officers.
Convicted of primarily firearms-related offenses and sentenced were:
1. Francisco Lazaro Acosta, a/k/a “Chino,” 31, of Fort Lauderdale, 70 months’ imprisonment;
2. James Rodney Baker, a/k/a “Bake,” a/k/a "Bubba,” 32, of Pompano Beach, 72 months’ imprisonment;
3. Terrance Roshaud Demps, a/k/a “J.R.,” 28, of Pompano Beach, 37 months’ imprisonment;
4. Rashaun Gaskin, a/k/a “Shaun,” 19, of Fort Lauderdale, 24 months’ imprisonment;
5. Davon Gilbert, a/k/a “Von,” 19, of Plantation, 60 months’ imprisonment;
6. Edwin Nathan Oliver, a/k/a Edwin Olivert,” 35, of Deerfield Beach, 51 months’ imprisonment;
7. Adrian Stephens, 24, of Tamarac, 30 months’ imprisonment; and
8. Otis Thomas, a/k/a “Fat,” 25, of Pompano Beach, 72 months’ imprisonment.
Convicted of primarily narcotics-related offenses and sentenced were:
1. Alex Bernadin, a/k/a “Ace,” 33, of Deerfield Beach, 21 months’ imprisonment;
2. Jamise Bozeman, a//k/a “J,” 25, of Pompano Beach, 36 months’ imprisonment;
3. Antonio Brown, a/k/a “Big T,” 38 of Pompano Beach, 27 months’ imprisonment;
4. Marcus Depre, 28, of Pompano Beach, 21 months’ imprisonment;
5. Ronald Dutervil, a/k/a “Chris,” 30, of Pompano Beach, 87 months’ imprisonment;
6. Kurt Edward Hanford, 52, of Pompano Beach, 30 months’ imprisonment;
7. Frantz Jacques, a/k/a “Tim,” 34, of Lauderdale Lakes, 15 months’ imprisonment;
8. Terrance Jacsaint, a/k/a “TJ,” 26, of Lantana, 77 months’ imprisonment;
9. Dieuphen Joseph, 28, of Pompano Beach, 46 months’ imprisonment;
10. Vila Desir Jozama, a/k/a “V,” 25, of Pompano Beach, 90 months’ imprisonment;
11. Awince Lasseur, a/k/a “Snowman,” 28, of Pompano Beach, 70 months’ imprisonment;
12. Seaton Letts, Jr., 30, of Pompano Beach, 144 months’ imprisonment;
13. Anthony Tavaris Morris, a/k/a “Amp,” 33, of Pompano Beach; 70 months’ imprisonment;
14. Rodney Levon Newkirk, 20, of Lauderhill, 24 months’ imprisonment;
15. Denny Prenelus, a/k/a “DC,” 25, of Pompano Beach, 14 months’ imprisonment;
16. Wisley Prenelus, a/k/a “Wis,” 33, of Pompano Beach, 77 months’ imprisonment;
17. Walson Prophilis, a/k/a “Wat Wat,” 32, of Pompano Beach, 87 months’ imprisonment;
18. Douglas Tavaris Russell, a/k/a/ “T,” 31, of Pompano Beach, 11 months’ imprisonment
19. Henry D. Smith, a/k/a “Boss,” 36, of Fort Lauderdale, 77 months’ imprisonment
20. Michel-Ange Silien, 29, of Pompano Beach, 24 months’ imprisonment and
21. Jason Howard Tripp, a/k/a “Gucci Guch,” 31, of Boynton Beach, 24 months’ imprisonment.
Mr. Greenberg commended the investigative efforts of ATF, DEA, BSO and the USMS Fugitive Task Force.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Three Muscatine Residents Sentenced to Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
DAVENPORT, Iowa – On October 19 and 20, 2017, Chief United States District Court Judge John A. Jarvey sentenced Muscatine residents, Danielle Graves, 35, to 135 months in prison, Nathan Wagner, 36, to 300 months in prison, and Charles Rhoades, 39, to 106 months in prison for conspiracy to distribute methamphetamine, announced United States Attorney Marc Krickbaum. Graves and Rhoades were ordered to serve three years of supervised release following their imprisonment, Wagner was ordered to serve five years of supervised release following his imprisonment, and all three defendants were ordered to pay $100 to the Crime Victims’ Fund.
On May 31, 2017, Rhoades pled guilty to methamphetamine conspiracy charges arising from individuals transporting methamphetamine from Des Moines to Muscatine and distributing it in southeast Iowa. The plea agreement stated that Rhoades distributed approximately seven grams of methamphetamine and also possessed with the intent to distribute over 100 grams of methamphetamine during a traffic stop in Nichols.
On June 2, 2017, Graves and Wagner pled guilty to methamphetamine conspiracy charges; they distributed approximately 25 to 30 pounds of methamphetamine from Des Moines to Muscatine. The conspiracy involved the defendants’ agreement to distribute the methamphetamine throughout the Muscatine area and the surrounding communities.
This matter was investigated by the Muscatine County Drug Task Force, the Des Moines Police Department, and the Iowa Division of Narcotics Enforcement. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
Summerville Man Convicted for Sex Trafficking Throughout the SoutheastRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Daewon Warren, age 27, of Summerville, was convicted in federal court in Charleston, South Carolina, for Sex Trafficking of a Minor in violation of 18 U.S.C. § 1591 and seven other charges related to sex trafficking. U.S. Attorney Drake stated that Warren faces a statutory mandatory minimum penalty of 15 years imprisonment and maximum of life imprisonment. United States District Judge David C. Norton, of Charleston, presided over the trial and will impose sentence at a later date. Warren remains in custody.
Evidence presented at trial proved that Warren and his co-defendant, Monique Lewis, participated in a conspiracy to commit sex trafficking in South Carolina, Georgia, and North Carolina. The defendants coerced several young women, including one minor, into working as prostitutes. The evidence showed that Warren routinely assaulted the victims and withheld food from them to coerce them into engaging in commercial sex acts. Evidence also showed the defendants used the website Backpage.com to advertise sexual services throughout the Southeast. Lewis pled guilty prior to the trial of Warren.
“The pimps who run girls and young women for their own profit are preying on some of our most vulnerable. The City of North Charleston’s Human Trafficking Unit and ICE - Homeland Security Investigations did some great work investigating this case. It is the second conviction of human traffickers working out of North Charleston by trial in federal court in the last 8 months. Between the two cases, 12 human traffickers have been successfully prosecuted through the partnership of the U.S. Attorney’s Office and these agencies,” added U.S. Attorney Drake.
The case was investigated by agents from the North Charleston Police Department’s Human Trafficking Unit and ICE - Homeland Security Investigations. Assistant United States Attorneys Matt Austin and Nathan Williams of the Charleston office prosecuted the case.
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Southbridge Man Sentenced for Distributing OxycodoneRead the Press Release
BOSTON – A Southbridge man was sentenced today in federal court in Worcester for dealing prescription opioids.
Hector Espola, 30, was sentenced by U.S. District Court Judge Timothy S. Hillman to four years in prison and three years of supervised release. In June 2017, Espola pleaded guilty to one count of possession with intent to distribute oxycodone.
On two occasions in July and August 2016, Espola sold 300 oxycodone pills to an individual cooperating with investigators. Espola was arrested on Feb. 17, 2017, in Massachusetts on a federal arrest warrant as he returned from New York City. Upon his arrest, agents found Espola in possession of another 300 oxycodone pills.
Acting United States Attorney William D. Weinreb; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Southbridge Police Chief Shane Woodson made the announcement today. Assistant U.S. Attorney Greg A. Friedholm of Weinreb’s Worcester Branch Office prosecuted the case.
Sex Offender Is Sentenced for Failing to Update His Registration StatusRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Shawn Peterkin, 40, formerly of South Carolina, who pleaded guilty to failing to update his sex offender registration status, was sentenced to time served (approximately 19 months) by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Peterkin was convicted in 2011 in North Carolina of Taking Indecent Liberties with a Child and was required to register as a sex offender. In October 2014, the defendant relocated to South Carolina and completed the necessary registration offender. However, in June 2015, Peterkin failed to update his registration and South Carolina authorities issued a warrant for his arrest in November 2015. The U.S. Marshal’s Service found the defendant residing in Rochester, NY, in February 2016. When confronted, the defendant admitted to being wanted in South Carolina for failure to register as a sex offender as well as failing to register with any authorities in the State of New York.
The sentencing is the culmination of an investigation on the part of the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.
Seven Miami-Dade Men Charged with Armed Robbery ConspiracyRead the Press Release
Seven Miami-Dade residents have been arrested and charged by indictment with conspiracy to commit Hobbs Act robberies, Hobbs Act robberies, brandishing and discharging firearms in furtherance of crimes of violence, being a felon in possession of ammunition, and murder.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and Timothy R. Langan, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Jonathan Cruz, a/k/a “Big Man,” a/k/a “Boss Man,” a/k/a “Chico Li,” 31, Eric Ortiz Melendez, a/k/a “E,” 26, Sadieu Nelus, a/k/a “Lucky,” 28, Trayvon Jabbari Thomas, a/k/a “T,” a/k/a “T-Man,” 19, Jorge Aponte Figueroa, 20, Lazaro Armando Cordovi, a/k/a “Screws,” a/k/a “Loose Screws,” 35, and David Gonzalez, a/k/a “Gano,” 20, all of Miami, were charged by a second superseding indictment with various charges related to a months-long conspiracy to commit armed robberies of pawn shops in Miami-Dade, Broward, and Palm Beach counties, and elsewhere.
According to court records, the defendants, together with other unknown individuals, engaged in a conspiracy to commit robberies of pawn shops beginning in October of 2016 and continuing through October of 2017. Members of the conspiracy entered various pawn shops in Miami-Dade, Broward, and Palm Beach counties, armed with firearms, and stole jewelry, at gun point, from the pawn shops’ display cases. On January 5, 2017, during one of the robberies charged in the superseding indictment, a member of the conspiracy shot and killed a patron of the pawn shop.
If members of the community have information related to the crimes charged in this indictment, they are encouraged to contact the FBI at (754) 703-2000.
Mr. Greenberg commended the investigative efforts of the FBI South Florida Violent Crime and Fugitive Task Force, the City of Miami Police Department, the Miami-Dade Police Department, the Broward Sheriff’s Department, the Palm Beach County Sheriff’s Office, the Palm Springs Police Department, the Hialeah Police Department, the Hollywood Police Department, the Margate Police Department, the Fort Lauderdale Police Department, the Miami Gardens Police Department, and the North Miami Police Department. The case is being prosecuted by Assistant U.S. Attorney Benjamin Widlanski.
An indictment is only an accusation and a defendant is presumed innocent until proven guilty.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Second Illinois Man Charged in Investigation into Hacking of iCloud and Gmail Accounts Belonging to Celebrities and Other VictimsRead the Press Release
LOS ANGELES – An Illinois man was charged today with a felony computer hacking offense stemming from a phishing scheme that gave him illegal access to more than 550 Apple iCloud and Gmail accounts, including those belonging to entertainment industry figures.
Emilio Herrera, 32, of Chicago, has signed a plea agreement and is expected to plead guilty to a felony violation of the Computer Fraud and Abuse Act. Herrera agreed to plead guilty to one count of unauthorized access to a protected computer to obtain information.
Although Herrera was charged today in Los Angeles, the parties have agreed to transfer the case to the Northern District of Illinois for the entry of his guilty plea and sentencing. Once he enters the guilty plea, Herrera will face a statutory maximum sentence of five years in federal prison.
According to the plea agreement, which was lodged today in federal court in Los Angeles, Herrera engaged in a phishing scheme to obtain usernames and passwords for his victims. From April 27, 2013 until the end of August 2014, Herrera sent e-mails to victims that appeared to be from security accounts of internet service providers and encouraged the victims to send him their usernames and passwords. After victims responded, Herrera used the usernames and passwords to illegally access his victims’ iCloud and Gmail accounts. Once inside their accounts, Herrera had access to personal information, including sensitive and private photographs and videos, according to his plea agreement.
The case against Herrera stems from the investigation into the leaks of photographs of female celebrities in September 2014. However, investigators have not uncovered any evidence linking Herrera to the actual leaks or establishing that Herrera shared or uploaded the information he obtained.
With the filing of the case against Herrera, the investigation has now resulted in three cases against defendants around the nation. Another Illinois man was sentenced earlier this year to federal prison. In the third case, a Pennsylvania man was sentenced one year ago to 18 months in prison.
The case against Herrera is the product of an ongoing investigation by the Federal Bureau of Investigation.
This case is being prosecuted by Assistant United States Attorneys Ryan White and Vicki Chou of the Cyber and Intellectual Property Crimes Section.
Second Erie Resident Pleads Guilty in Schemes that Defrauded Auto Loan ProvidersRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of violating federal bankruptcy laws, conspiracy to commit wire fraud and wire fraud in two separate cases, Acting United States Attorney Soo C. Song announced today.
Douglas Alan Grooms, 46, pleaded guilty to one count of Criminal No. 16-15 Erie and thirteen counts at Criminal No. 16-30 Erie before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Grooms concealed property from the United States Bankruptcy Trustee in connection with his bankruptcy case.
In addition, from in and around May 2015, to in and around March 2016, Grooms and two co-defendants engaged in a scheme to defraud auto loans providers by utilizing two straw purchasers to buy vehicles in their own names from Rick Weaver Buick GMC. The vehicles would then actually remain in Coover’s possession. The three facilitated the scheme by falsifying the loan applications to make the straw purchasers appear more credit worthy and by not revealing that the straw purchasers were buying multiple vehicles at the same time. The value of many of the vehicles was also inflated to increase the funds received by the co-conspirators.
Judge Cercone scheduled sentencing for March 19, 2018. The law provides for a total sentence of 5 years in prison, a fine of $250,000, or both for Criminal No. 16-15 Erie and a total sentence of 340 years in prison, a fine of $8.5 million, or both for Criminal No. 16-30 Erie. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Pennsylvania State Police and the Erie Police Department conducted the investigation that led to the prosecution of Grooms.
Roswell Felon Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Daniel Jojola, 34, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by three years of supervised release for violating the federal firearms laws.
Jojola was arrested on June 19, 2017, on a criminal complaint charging him with being a felon in possession of a firearm and possession of heroin and methamphetamine with intent to distribute on March 30, 2017, in Chaves County, N.M. According to the complaint, Chaves County Metro Narcotics Task Force (CCMNTF) agents seized approximately 55.2 grams of heroin, 7.0 grams of methamphetamine, a firearm, ammunition and drug paraphernalia from Jojola’s hotel room during the execution of a search warrant. According to court documents, Jojola was prohibited from possessing firearms or ammunition because he previously had been convicted of unlawful taking of a motor vehicle, conspiracy, burglary, contributing to delinquency of a minor, cocaine trafficking and possession of a controlled substance.
On Aug. 9, 2017, Jojola pled guilty to a felony information charging him with being a felon in possession of a firearm. In entering the guilty plea, Jojola admitted that on March 30, 2017, law enforcement agents executed a search warrant on the hotel room he was occupying and observed Jojola lying on a bed on top of a handgun. Jojola further admitted that he was prohibited from possessing a firearm or ammunition because of his prior felony convictions.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the CCMNTF. Special Assistant U.S. Attorney Clara Cobos prosecuted the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Renewable Fuel Trader Pleads Guilty to ConspiracyRead the Press Release
The owner of a company that buys and sells renewable fuel and fuel credits pleaded guilty in U.S. District Court for the Southern District of Ohio to conspiracy for his role in a scheme that generated over $47 million in fraudulent EPA renewable fuels credits, and over $12 million in fraudulent tax credits connected to the purported production of renewable fuel.
The plea entered by the defendant, Gregory Schnabel, before U.S. Magistrate Judge Norah King was announced by Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division; U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio; Special Agent in Charge Ryan L. Korner of the Internal Revenue Service (IRS) Criminal Investigation; Acting Special Agent in Charge John K. Gauthier, of the Environmental Protection Agency (EPA), criminal enforcement program in Ohio; and the Special Agent in Charge W. Jay Abbott of the Federal Bureau of Investigation’s Indianapolis Division.
“The defendant helped orchestrate a massive scheme to defraud the U.S. government, American taxpayers and his company’s competitors,” said EPA Administrator Scott Pruitt. “This case shows that EPA and its law enforcement partners are serious about ensuring a level playing field for businesses that follow the law and punishing those who break the rules in the name of personal gain.”
“The Department of Justice vigorously prosecutes those who defraud the federal government through unlawful RFS schemes like the one at issue in this case,” said Acting Assistant Attorney General Wood. “We applaud the work of the DOJ and EPA law enforcement team that sought and obtained justice in this case.”
“This case is another example that environmental programs are not immune from fraud,” U.S. Attorney Glassman said. “We will continue to catch and hold accountable those who attempt to defraud government programs of any sort.”
“Today’s charges send a strong message that there are serious consequences for activity that defrauds the economy and taxpayers,” said Special Agent in Charge Abbott. “I commend the excellent cooperation between the prosecutors, agents and other investigators who worked tirelessly to uncover this fraudulent scheme and expose the perpetrators who were manipulating the system for their own gains.”
“Gregory Schnabel pleaded guilty to participating in a conspiracy relative to a massive fraudulent fuel tax credit scheme for which he has agreed to pay over $13 million in restitution to the IRS,” said Special Agent in Charge Korner. “These tax credits were created in support of the production of various renewable fuels and fuel mixtures, they were not created to be a slush fund for thieves and fraudsters.”
According to his plea, Schnabel, owner of GRC Fuels of Oneonta, New York, engaged in a scheme with other co-conspirators to fraudulently claim EPA renewable fuels credits (also known as “RIN” credits) and tax credits on fuel that did not qualify for the credits, on fuel that had already been used to generate credits, and on fuel that was exported or otherwise used contrary to EPA and IRS regulations.
Schnabel bought and sold fuel from several individuals who have already pleaded guilty for their roles in the scheme, including:
- Fed Witmer and Gary Jury, formerly of Triton Energy, who pleaded guilty in the Northern District of Indiana to conspiracy, fraud, and false statements;
- Malek Jalal, formerly of Unity Fuels, who pleaded guilty in the Southern District of Ohio to conspiracy and obstruction of justice; and
- Dean Daniels, William Bradley, Ricky Smith, and Brenda Daniels, of New Energy Fuels and Chieftain Biofuels, who pleaded guilty in the Southern District of Ohio to conspiracy.
This case is being prosecuted by Assistant U.S. Attorney J. Michael Marous for the Southern District of Ohio, and Trial Attorney Adam Cullman and Senior Trial Attorney Jeremy Korzenik of the Environment and Natural Resources Division. The prosecution is the result of an investigation by the IRS, EPA-CID, and the FBI.
Owner of Computer School Sentenced to Two Years in Prison for $2.8 Million Veterans’ Retraining Assistance Program Education FraudRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, woman who owned a computer training center was sentenced today to 24 months in prison for stealing $2.8 million from a program designed to help veterans find employment, Acting U.S. Attorney William E. Fitzpatrick announced.
Elizabeth Honig, 52, of Morganville, New Jersey, previously pleaded guilty before U.S. District Judge Peter Sheridan to an information charging her with one count of theft of government funds. Judge Sheridan imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Honig owns Computer Insight Learning Center (CILC), a computer training school based in Eatontown, New Jersey. She helped 182 veterans enroll to receive federal funding under a program – funded by the Department of Veterans Affairs (VA) and the Department of Labor – designed to help older, unemployed veterans receive training and find employment in high demand occupations. The vast majority of these veterans were either not eligible or not actually attending the training.
Honig’s program was approved by the VA to provide education and training to military veterans, including veterans who received tuition assistance under the Veteran’s Retraining Assistance Program (VRAP), which offered up to 12 months of benefits for older, unemployed veterans between the ages of 35 and 60. This program provided training assistance to unemployed veterans for programs designed to lead to a high-demand occupation.
Honig admitted she logged on to the applications system more than 100 times and certified that she was the actual veteran who was applying for benefits. She supplied false information about employment status to qualify to attend her school and receive funding from the VA. Honig then certified to the VA that the veterans enrolled in her Business Software Applications Program – approved by the VA as a 14-week course costing approximately $4,000 – were attending for up to one year. Honig also certified that the veterans were attending full-time, in-class, knowing that 62 of those veterans lived out of the state. CILC is not eligible to be approved to provide online education.
Honig allowed veterans to attend less than the required hours, to stop attending prior to completion, or, in many cases, never attend at all. Honig failed to report the non-attendance to VA, which is required by law after 30 days of non-attendance, as long as the veterans continued to pay her a monthly fee. This caused the VA to continue payments to veterans who were not entitled to the funds. Honig’s monthly fee of approximately $750 also resulted in overpayments by veterans far in excess of the VA approved $4,000 course tuition.
In addition to the prison term, Judge Sheridan sentenced Honig to three years of supervised release. Under terms of the plea agreement, Honig consented to a forfeiture judgment of $1,274,154 and agreed to pay restitution of $2,831,455.
Acting U.S. Attorney Fitzpatrick credited the Northeast Field Office, U.S. Department of Veterans Affairs, Office of Inspector General, under the direction of Special Agent in Charge Donna L. Neves; and the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigation, New York Region, under the direction of Special Agent in Charge Michael C. Mikulka, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Deborah J. Gannett and Jacob T. Elberg, Chief of the Healthcare and Government Fraud Unit in Newark.
Defense counsel: Evan Nappen Esq., Eatontown, New Jersey
O.C. Man Sentenced to 63 Months in Prison in Scheme that Sought over $800,000 in Fraudulent Tax Refunds for Non-Existent EmployeesRead the Press Release
SANTA ANA, California – A Placentia man who participated in a scheme that filed fraudulent tax returns with the Internal Revenue Service and sought over $800,000 in refunds based on non-existent employees at two shell companies has been sentenced to over five years in federal prison.
Julien Jitt Noel, 37, was sentenced last Friday to 63 months in prison. United States District Judge Josephine L. Staton further ordered Noel to pay $605,294 in restitution to the IRS.
Following a five-day jury trial in March, Noel was found guilty of one count of conspiracy to defraud the United States and five counts of aiding and assisting in the preparation of false and fraudulent tax returns.
The evidence presented at trial showed that Noel and two co-conspirators prepared and filed fraudulent tax returns, most of which were filed in the names of individuals whose identities had been stolen. The fraudulent tax returns stated that the taxpayers were employed by Picaso Fashions, which purportedly withheld excessive taxes from their paychecks. In fact, the evidence showed that Picaso Fashions was a shell company that did not actually have any employees, and the refunds claimed in the tax returns were fraudulent.
Members of the conspiracy fraudulently filed 69 individual federal tax returns during 2009 that claimed tax refunds totaling $621,589.
Noel established another bogus company – Above Average Allstars – to serve as a fraudulent employer. In relation to Above Average Allstars, Noel filed another 45 fraudulent tax returns in 2009 and 2010 that sought $195,344 in refunds.
In total, Noel conspired to file or directly filed a total of 114 fraudulent returns, and the IRS paid full or partial tax refunds on 100 of these returns, sustaining actual losses of $605,294.
Noel has been in federal custody since this case was indicted in the spring of 2015.
Co-conspirator Antonio Jerome Cook, 39, of Long Beach, was sentenced in March 2016 to four years in federal in prison and was ordered to pay restitution of $537,309 for his role in the scheme.
A third co-defendant was also convicted in relation to the scheme.
The investigation in this case was conducted by IRS Criminal Investigation.
This matter was prosecuted by Assistant United States Attorneys Aron Ketchel of the Violent and Organized Crime Section and Jamie A. Lang of the Organized Crime Drug Enforcement Task Force.
New York Men Sentenced for Identity TheftRead the Press Release
BOISE – Jason Morel, 22, and Kenith J. Quesada, 23, both of Bronx, New York, were sentenced last Thursday for aggravated identity theft, announced U.S. Attorney Bart M. Davis. Senior U.S. District Judge Edward J. Lodge sentenced Morel to 24 months and Quesada to 12 months in federal prison. Both men pleaded guilty on August 2, 2017. Co-conspirator Rafael Moran was sentenced on August 8, 2017, for aggravated identity theft.
According to the plea agreements, Morel, Quesada, and Moran traveled from New York to Idaho in April 2016 to perpetrate a fraud scheme at AT&T company stores and authorized dealers. The men impersonated real AT&T customers, presented fake driver’s licenses and credit cards, and purchased iPhones and iPads using those customers’ accounts. Law enforcement found dozens of fake driver’s licenses and credit cards in the vehicle that Morel, Quesada, and Moran used to travel through Idaho, as well as a stash of fraudulently-purchased electronics. Morel is believed to be the ringleader of the group, and his personal cell phone contained names, addresses, telephone numbers, and social security numbers belonging to the AT&T customers that he, Quesada, and Moran impersonated.
This case was investigated by the Boise Police Department and the Federal Bureau of Investigation.
New Orleanian Sentenced for Nine Robberies in Louisiana, Mississippi, and AlabamaRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that CHRISTOPHER SIMMS, age 32, of New Orleans, was sentenced last week after previously pleading guilty to a nine-count superseding Bill of Information for bank robbery and armed robbery and a one-count Indictment for bank robbery.
U.S. District Judge Eldon E. Fallon sentenced SIMMS to 221 months in prison, five years of supervised release, and a special assessment of $1,000.
According to the court documents, SIMMS robbed nine establishments between January 12, 2016 and February 8, 2016. SIMMS’s robberies included three McDonald’s Restaurant locations in New Orleans; a McDonald’s Restaurant in Kenner; a Dollar General store in Metairie; an Iberia Bank in Metairie; a Compass Bank in Mobile, Alabama; and a convenience store in Silver Creek Mississippi. SIMMS pled guilty to seven counts of Hobbs Act robbery, two counts of bank robbery, and one count of brandishing a firearm during a crime of violence.
Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation, the New Orleans Police Department, the Jefferson Parish Sheriff’s Office, and the Lawrence County, Mississippi Sheriff’s Office in investigating this matter. Assistant United States Attorney Maria M. Carboni was in charge of the prosecution.
New Bedford Man Pleads Guilty to Distributing FentanylRead the Press Release
BOSTON – A New Bedford man pleaded guilty today in federal court in Boston to distributing fentanyl, a deadly synthetic opioid.
Willy Baez, 24, pleaded guilty to one count of possession with intent to distribute fentanyl. U.S. Senior District Court Judge Douglas P. Woodlock deferred acceptance of the plea until the sentencing hearing, which he scheduled for Feb. 1, 2018.
On Dec. 21, 2015, law enforcement officers executed a search warrant at the apartment Baez shared with his girlfriend. The search resulted in the seizure of 49 grams of fentanyl and acetyl fentanyl, as well as various drug packaging paraphernalia.
Baez faces a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime 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 New Bedford Police Chief Joseph C. Cordeiro made the announcement today. Assistant U.S. Attorney Katharine Ferguson of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.
Naturalized U.S. Citizen Residing in Albuquerque Pleads Guilty to Federal Marriage Fraud ChargeRead the Press Release
ALBUQUERQUE – Yi Lee, 44, a naturalized U.S. citizen residing in Albuquerque, N.M., pled guilty today in federal court in Las Cruces, N.M., to a felony charge arising out of a scheme to obtain immigration status for foreign nationals through fraudulent marriages.
On April 19, 2017, Lee and his five co-defendants –Chia-Jung Chang, 39, Dan Zheng, 33, Lian Xiang Deng, 42, and Xiao-Yin Le, 50, all Chinese nationals illegally in the United States, and Santiago Aveles, 31, of Las Cruces – were indicted and charged with participating in a conspiracy to commit marriage fraud. The indictment also charged Aveles and Zheng with committing marriage fraud for the purpose of evading the federal immigration laws.
The indictment alleged that from June 2016 through March 2017, the six defendants conspired to obtain immigration status for foreign nationals by committing marriage fraud. The scheme involved having U.S. citizens enter into fraudulent marriages with foreign nationals in return for financial gain. Lee allegedly facilitated the conspiracy by arranging meetings between foreign nationals and U.S. citizens and assisting them in obtaining marriage licenses, working permits and green cards for the foreign nationals who paid Lee and the U.S. citizens. According to the indictment, Lee allegedly attempted to arrange fraudulent marriages between certain of his co-defendants and undercover law enforcement agents.
During today’s proceedings, Lee pled guilty to Count 1 of the indictment charging him with conspiracy to commit marriage fraud. In entering the guilty plea, Lee admitted that from Jan. 2016 through May 2017, he recruited United States citizens including Aveles and other individuals who unbeknownst to Lee were undercover law enforcement agents to enter into fraudulent marriages with foreign nationals for the purpose of evading immigration laws. According to the plea agreement, Lee told the sham marriage participants to document their respective relationships by taking photos together, exchanging messages, opening joint bank accounts, renting properties together and having bills put under both participants’ names. Lee further admitted that he assisted the participants with immigration paperwork and in passing off the fraudulent marriages as legitimate during interviews with United States Citizenship and Immigration Services.
In entering the guilty plea, Lee also admitted that he coordinated a payment schedule for the United States citizens participating in the fraudulent marriages, who were to receive payments after taking certain steps such as obtaining a marriage license, participating in a fraudulent marriage, submitting paperwork, and participating in interviews. Lee further admitted that each United States citizen participant was paid approximately $25,000, and Lee also received payment for his role in the conspiracy in return for citizenship for the foreign nationals.
On Aug. 4, 2017, Aveles pled guilty to a felony information charging him with conspiracy and marriage fraud. Zheng pled guilty and was sentenced on Aug. 28, 2017. Charges against Deng were dismissed on July 25, 2017.
At sentencing, Lee and Aveles each face a maximum penalty of five years in federal prison and a fine of up to $250,000. Sentencing hearings have yet to be scheduled.
Chang has entered a plea of not guilty to the indictment. Le has yet to be arrested and is considered a fugitive. Charges in indictments are merely accusations, and all criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of HSI and is being prosecuted by Assistant U.S. Attorneys Dustin C. Segovia and Marisa A. Ong of the U.S. Attorney’s Las Cruces Branch Office.
Monongalia County man admits to his role in an oxycodone distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Pursglove, West Virginia man admitted today to his involvement in an oxycodone distribution operation, United States Attorney William J. Powell announced.
Jason Pancoast, age 23, pled guilty to one count of “Use of a Firearm During and in Relation to a Drug Offense.” Pancoast admitted to having and using a pistol in connection to a drug trafficking crime. The crime occurred in March 2017 in Monongalia County.
Pancoast faces up to five years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Drug Task Force, a HIDTA-funded initiative, led the investigation.
U.S. Magistrate Judge Michael John Aloi presided.
Mississippi Residents Convicted for Illegally Searching and Removing Native American ArtifactsRead the Press Release
OXFORD, Robert H. Norman, Acting United States Attorney for the Northern District of Mississippi, together with Luis Santiago, Special Agent in Charge of the United States Fish and Wildlife Service, and William “Wynne” Fuller, U.S. Army Corps of Engineers, Chief of Operations for the Mobile District, announces:
Matthew Glen Arnold, 33, of Booneville, Mississippi, Jackie Dale Arnold, 59, of Burnsville, Mississippi, Sandra Arnold, 62, of Burnsville, Mississippi, Tyler Wilemon, 22, of Booneville, Mississippi, Melinda Jean Arnold, 42, of Burnsville, Mississippi, and Robert Alan Aguirre, 29, of Corinth, Mississippi, were recently sentenced in the United States District Court for their roles in illegally searching for and removing Native American artifacts from government land. Matthew Arnold was sentenced on September 29, 2017, by United States District Judge Debra M. Brown of Greenville following a previous guilty plea to six felony counts of excavating and removing archeological resources located on designated historic public lands in violation of the Archeological Resources Protection Act. The investigation and subsequent charges arose out of the removal of Native American artifacts from United States Army Corps of Engineers property along the Tennessee-Tombigbee Waterway in Tishomingo County, Mississippi. Matthew Arnold was sentenced to a term of imprisonment of twenty (20) months for each count of conviction, to be served concurrently, followed by one (1) year of supervised release. He was also ordered to pay $41,551.49 in restitution to the U.S. Army Corps of Engineers for damage to the subject property.
Jackie Arnold and Melinda Arnold were sentenced on October 13, 2017, Tyler Wilemon was sentenced on September 28, 2017, and Sandra Arnold was sentenced on September 7, 2017, by Judge Brown following a previous guilty plea by each to one felony count of excavating and removing archeological resources located on designated historic public lands in violation of the Archeological Resources Protection Act. Jackie Arnold was sentenced to a term of imprisonment of fifteen (15) months and ordered to pay $24,357.77 in restitution. Sandra Arnold was sentenced to a term of imprisonment of twelve (12) months and one (1) day ordered to pay $18,626.53 in restitution. Wilemon was sentenced to a term of imprisonment of five (5) months and ordered to pay $7,164.05 in restitution. Each were sentenced to one (1) year of supervised release following their term of incarceration. Melinda Arnold was sentenced to five (5) years probation and ordered to pay $28,656.20 in restitution. All of the restitution set forth above has been joint and several, meaning each defendant has been ordered to pay in conjunction with the other defendants, up to the amount set for each defendant.
Aguirre was sentenced on October 19, 2017, by United States District Judge Glen H. Davidson of Aberdeen following a previous guilty plea to two felony counts of excavating and removing archeological resources located on designated historic public lands in violation of the Archeological Resources Protection Act. Aguirre was sentenced to two years probation and ordered to pay $2,865.62 in restitution.
Two other defendants have plead guilty to similar charges and are currently awaiting sentencing.
United States Fish and Wildlife Service Special Agent in Charge Santiago stated “We are committed to working with Mississippi, its citizens, the Choctaw and Chickasaw Nation and other federal and state agencies to conserve and protect Mississippi's archeological resources which are a non-renewable cultural resource of irreplaceable value, as well as sacred to descendant communities and Native Americans."
"The US Army Corps of Engineers is thoroughly committed to the preservation and protection of these irreplaceable cultural treasures, treasures that hold great meaning to Native Americans and belong to the American People. We will continue to invest the necessary resources to investigate and support the prosecution of such cases in the future,” said Fuller, Chief of Operations for the U.S. Army Corps of Engineers, Mobile District.
This case was investigated by the United States Fish and Wildlife Service Office of Law Enforcement, and the United States Army Corps of Engineers.
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Mexican Alien Sentenced for Assaulting Agent During ArrestRead the Press Release
LAREDO, Texas – An undocumented Mexican national has been ordered to federal prison for assaulting and injuring the Border Patrol (BP) agent who arrested him, announced Acting U.S. Attorney Abe Martinez. Roman Sanchez-Rivera, 27, pleaded guilty Feb. 17, 2017.
Today, U.S. District Judge Marina Garcia Marmolejo imposed a sentence of 51 months in federal prison. Not a U.S. Citizen, he is expected to face deportation proceedings following the prison term. He was also ordered to pay $21,610.14 in restitution to the U.S. Department of Labor.
On the morning of Dec. 1, 2016, BP agents encountered Sanchez-Rivera and other undocumented aliens in the brush near Encinal. The aliens ran from the agents but were soon apprehended. During the arrest, Sanchez-Rivera punched one of the agents in the face causing injuries. He also forced an intense physical struggle which resulted in serious injuries to one of the agent’s knees which required surgery.
Sanchez-Rivera has been in custody since his arrest where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol and the FBI conducted the investigation. Assistant U.S. Attorney Jose Homero Ramirez prosecuted this case.
Mercer County, New Jersey, School Bus Driver Sentenced to 121 Months in Prison for Distributing Images of Child Sexual AbuseRead the Press Release
TRENTON, N.J. – A Yardville, New Jersey, man was sentenced today to 121 months in prison for using his e-mail account to distribute images of child sexual abuse, Acting U.S. Attorney William. E Fitzpatrick announced.
Christopher Walsh, 32, previously pleaded guilty before U.S. District Judge Mary L. Cooper to an information charging him with one count of receiving and distributing child pornography. Judge Cooper imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
From June 15, 2014 through Jan. 10, 2016, Walsh’s email account either sent or received a total of 1,590 files that contained content constituting child pornography. Walsh, who was a school bus driver, admitted that on Aug. 2, 2015, he knowingly emailed a video depicting child sexual abuse to another individual.
In addition to the prison term, Judge Cooper sentenced Walsh to 10 years of supervised release.
Acting U.S. Attorney Fitzpatrick credited special agents of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), New Jersey Field Office under the direction of Acting Special Agent in Charge Debra Parker, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Molly S. Lorber of the U.S. Attorney’s Office Criminal Division in Trenton.
Defense counsel: Assistant Federal Public Defender Lisa Van Hoeck Esq., Trenton
MS-13 Member Pleads Guilty to RICO ConspiracyRead the Press Release
BOSTON – An MS-13 member pleaded guilty on Friday, Oct. 20, 2017, in federal court in Boston to racketeering conspiracy.
Henry Santos Gomez, a/k/a “Renegado,” 32, a Salvadoran national who resided in Revere, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Jan. 16, 2018.
Santos Gomez was identified as a “homeboy,” or full member of MS-13’s Hollywood Loco Salvatrucha (HLS) clique. During the investigation, agents encountered Santos Gomez wearing MS-13 paraphernalia, secretly recorded conversations with Santos Gomez where he offered to provide protection to a cooperating witness who he believed was a drug dealer, and stopped Santos Gomez in the company of other MS-13 gang members.
After a three-year investigation, Santos Gomez was one of 61 persons named in a superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. According to court documents, MS-13 was identified as a violent transnational criminal organization whose branches or “cliques” operate throughout the United States, including in Massachusetts. MS-13 members are required to commit acts of violence to maintain membership and discipline within the group. Specifically, MS-13 members are required to attack and murder gang rivals whenever possible.
Santos Gomez is the 21st defendant to plead guilty in this case.
According to the terms of the plea agreement, the parties agreed to recommend a sentence of six years in prison. Santos Gomez will be subject to deportation at the conclusion of his sentence.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief Joseph Cafarelli; and Somerville Police Chief David Fallon made the announcement.
The details contained in the charging documents are allegations. All remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Long Arm of the Law Catches up with Drug Trafficking FugitiveRead the Press Release
HOUSTON – After 14 years on the run, a 42-year-old Roma man has pleaded guilty to charges filed against him in 2002 for conspiring to possess and possession with intent to distribute more than 1000 kilograms of marijuana, announced Acting U.S. Attorney Abe Martinez.
A federal grand jury indicted Romeo Eduardo Barrera in September 2002 for federal drug law violations. He was Initially released on bond, but failed to appear for a pretrial conference before U.S. District Judge Kenneth M. Hoyt in Houston in February 2003. A warrant issued for his arrest.
In late May 2017, Barrera was involved in an automobile accident in the Rio Grande Valley. Local law enforcement present at the scene of the accident arrested him upon discovering the outstanding warrant. Barrera made his initial appearance in the McAllen Division and was transferred to Houston to face the long-pending charges. He made his appearance before Judge Hoyt who revoked his previous bond and ordered he be detained pending further criminal proceedings.
Today, Barrera entered a guilty plea to each of two counts alleged in the indictment - conspiracy to possess with intent to distribute 1000 kilograms or more of marijuana and aiding and abetting the possession with intent to distribute marijuana.
The charges against Barrera arise from an investigation initiated in March 6, 2002. At that time, authorities located suspected narcotics traffickers from the Rio Grande Valley at a Houston-area Holiday Inn Express Hotel. Thereafter, law enforcement conducted surveillance during which time they observed Barrera arrive at the hotel and eventually leave with two others. Surveillance of that vehicle ultimately lead investigating officers to a residence on Northfield in Houston. There, investigating agents watched Barrera and seven other defendants entering and exiting the residence, using trash cans to remove large bales of marijuana and load them into a van parked nearby.
When officers approached, Barrera fled the scene along with all but one of the others. Authorities arrested Barrera shortly thereafter on a nearby street. During the chase, Barrera held 386.6 grams of marijuana wrapped in clear cellophane and a yellow sheet of paper with figures written on it.
In the Northfield residence, officers also found 31 cellophane-wrapped bales of marijuana weighing a total of approximately 1644 pounds along with an additional 154 grams of marijuana, 30 used and new duffle bags, two digital scales, wrapping materials, calculators, drug ledgers and three firearms.
In the parked van, investigating officers also found and seized 19 cellophane-wrapped bales of marijuana with an approximate total weight of 928.55 pounds.
At sentencing, Barrera faces a minimum of 10 years and up to life in prison as well as a possible $10 million fine. Sentencing is set for Jan. 18, 2018. Barrera will remain in custody pending that hearing.
The Harris County Sheriff’s Office, Houston Police department and the FBI conducted the investigation. Assistant U.S. Attorney Nancy G. Herrera is prosecuting the case.
Lackawanna Man Pleads Guilty to Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ramzi Shairi, 39, of Lackawanna, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 100 kilograms or more of marijuana before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years and a $5,000,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that between August 2012 and May 2013, the defendant conspired with others to distribute marijuana. During that time, Shairi, or another person at Shairi’s direction, rented vehicles in Western New York which were driven with large amounts of United States currency packed in the trunk to Denver, Colorado. In Denver, the money would be exchanged for quantities of marijuana, usually 50 or more pounds wrapped in one-pound vacuum-sealed bags which were placed in the vehicles to be driven back to Western New York. The marijuana would then be stored at a local apartment until the defendant, or others at the defendant’s direction, sold it.
On the morning of May 26, 2013, a gray Volkswagen bearing Illinois plates and a white Ford Fusion bearing New Jersey plates were travelling in tandem westbound on I-80, near Lincoln, Nebraska. A Nebraska state trooper conducted a traffic stop on the Volkswagen. A search of the trunk revealed three gift-wrapped packages containing $155,675 in U.S. currency. Meanwhile, the defendant, who was traveling in the Ford Fusion, continued driving. Vehicle rental records showed that an associate of the defendant rented the Ford Fusion on May 24, 2013, in Rochester, NY and turned it in on the evening of May 27, 2013, in Birmingham, Alabama.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division with assistance provided by the Nebraska State Police.
Sentencing is scheduled for February 6, 2018, at 9:30 a.m. before Judge Vilardo.
Kanawha County felon pleads guilty to federal gun and drug crimesRead the Press Release
CHARLESTON, W.Va. – A Kanawha County man pleaded guilty today to a federal gun charge and a federal drug charge, announced United States Attorney Carol Casto. Eddie Wayne Chapman, Jr., 32, of Malden, entered his guilty plea to being a felon in possession of a firearm and possession with intent to distribute methamphetamine.
Chapman admitted that on September 21, 2016, he possessed a Ruger P89, 9mm semi-automatic pistol and a Maverick by Mossberg, Model 88, 12 gauge shotgun that had a modified barrel less than 18 inches in length. Chapman was prohibited from possessing any firearms under federal law because of a 2011 felony drug conviction in Kanawha County Circuit Court. Chapman further admitted to possessing with the intent to distribute over 20 grams of methamphetamine. Law enforcement found the methamphetamine in Chapman’s backpack, concealed in a canister containing a hidden compartment.
Chapman faces up to 30 years in federal prison when he is sentenced on January 17, 2018.
The investigation was conducted by the Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
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. This case was also 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, including methamphetamine. 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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KC-Area Man Pleads Guilty to Four Bank RobberiesRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo.-area man pleaded guilty in federal court today to robbing four banks in Independence, Mo., Liberty, Mo., and Kansas City, Mo., over a span of five months.
Tam Henry Holmes, 57, of the Kansas City metropolitan area, pleaded guilty before U.S. District Judge Gary A. Fenner to all four counts contained in a May 2, 2017, federal indictment.
Holmes robbed Central Bank of Kansas City, 2301 Independence Ave., Kansas City, Mo., on Nov. 16, 2016. Holmes approached the teller counter and placed a note up against the bullet-proof glass and whispered “700.” The teller told investigators she could not read what was printed on the note, but Holmes continued to whisper “700” and she realized it was a robbery. The teller turned over $450 to Holmes, who then left the bank.
On April 1, 2017, Holmes robbed Bank of the West, 850 S. 291 Hwy., Liberty. When he entered the bank, Holmes held up a spiral notebook containing hand-written notations. The teller told investigators that she read the first couple of lines, which she recalled were, “this is a robbery, give me all your large bills.” The teller gathered money from her drawer and gave it to Holmes and he left the bank. The bank reported a loss of $8,300.
On April 3, 2017, Holmes robbed Greater Kansas City Public Safety Credit Union, 19341 E. US 40 Hwy., Independence. Holmes walked up to a teller counter and showed the teller two hand-written notes on two yellow Post-it notes. The notes said, “this is a robbery. Don’t pull any dye packs, bail or alarms. I know where you live.” The teller removed cash from her drawer and handed it to Holmes, and he left the bank. The credit union reported a loss of $12,205.
On April 15, 2017, Holmes robbed First Federal Bank of Kansas City, 3500 Noland Rd., Independence. Holmes held up a handwritten note that said, “give me all the money, hurry up, or I will hurt you.” The teller opened her drawer and handed Holmes $100 and $50 bills. She then stared at Holmes, who stated, “hurry up or I’ll do what the note says.” The teller then gave Holmes $20, $10 and $5 bills. Holmes took the money, put it in his pockets and walked out of the bank. The bank reported a loss of $4,050.
Under federal statutes, Holmes is subject to a sentence of up to 80 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Bradley K. Kavanaugh. It was investigated by the FBI.
Jefferson City Man Sentenced for Child PornographyRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Jefferson City, Mo., was sentenced in federal court today for receiving and distributing child pornography.
Lucas Wayne Slusser, 35, of Jefferson City, was sentenced by U.S. District Judge Stephen R. Bough to seven years in federal prison without parole.Slusser, who pleaded guilty on May 15, 2017, admitted that he sent and received hundreds of videos and photos of child pornography over the Internet, including images of toddlers and infants. According to court documents, investigators examined Slusser’s computer and cell phones and found 1,507 files depicting infants and toddlers, 77 files depicting violent sexual acts against children and 49 child pornography videos that contained sexual acts with animals.
In May and June 2016, a federal agent observed Slusser distributing child pornography on the Kik Messenger platform. Slusser posted a video of child pornography and five images of child pornography on one occasion. Slusser later posted an image of a female child bound with rope around her legs and arms and additional videos of child pornography.
On Aug. 26, 2016, agents executed a search warrant at Slusser’s residence and seized numerous digital devices, including a desktop computer and multiple cell phones. Investigators examined the cell phones and digital devices and identified numerous suspected child pornography files, containing both video and images. The files depicted infants and toddlers, violent sexual acts against children, and videos depicting child pornography that contained sexual acts with animals. They also located child erotica and Internet history that indicated Slusser was seeking out and sharing child pornography.
This case was prosecuted by Assistant U.S. Attorney Ashley S. Turner. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Houston Man Sentenced to 35 Years for Sex TraffickingRead the Press Release
HOUSTON – A 29-year-old Houston man has been ordered to federal prison following his conviction on two counts of sex trafficking by the use of force, fraud and coercion, announced Acting U.S. Attorney Abe Martinez. Roger Maldonado pleaded guilty Sept. 13, 2016.
Today, U.S. District Judge Nancy F. Atlas took into consideration Maldonado’s undue influence over the two minor victims as well as his criminal history of assaults and firearm possession which showed a pattern of violent behavior and handed him a total sentence of 420 months in federal prison. Additional information was also presented today, including a victim statement and letter. In handing down the sentence, Judge Atlas stated that Maldonado repeatedly engaged in conduct which hurt others. Maldonado was further ordered to serve 10 years of supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children. He will also be ordered to register as a sex offender.
Maldonado came to the attention of law enforcement after law enforcement found a minor female at a hospital whom Maldonado had physically assaulted in August 2015. The victim had suffered a forehead laceration, upper and lower eyelid contusions, neck abrasions, a finger contusion and abdominal trauma. At that time, the female advised law enforcement that Maldonado was her boyfriend and that he had assaulted her.
In September 2015, law enforcement found a second minor female whom Maldonado had also assaulted. The investigation revealed that Maldonado had been trafficking these two victims on Backpage.com as well as at Pink Spa - a sexually-oriented business located in Houston known by law enforcement for prostitution activities.
Through their investigation, law enforcement discovered Maldonado had been taking photographs of these victims and posting advertisements in order to solicit business for these victims. Maldonado would set up the dates for the victims and transport the women in order for them to engage in commercial sex acts. The victims would then turn a portion of the money over to Maldonado. Ultimately, he used force, threats of force, fraud and coercion to have these victims perform commercial sex acts from which he benefited financially.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI and Houston Police Department conducted the investigation.
Assistant U.S. Attorneys Kimberly Ann Leo and Sherri Zack are prosecuting the case which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Honduran Citizen Charged with Attempting to Use an Explosive Device in Popular Miami MallRead the Press Release
Vicente Adolfo Solano, 53, a citizen of Honduras residing in Miami, has been charged with attempting to use a weapon of mass destruction in a planned attack at a shopping mall in Miami.
Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida and Acting Special Agent in Charge Timothy R. Langan of the FBI’s Miami Field Office made the announcement.
As described in the complaint, Solano planned to place and detonate an explosive device in a crowded area of a popular Miami mall. Solano discussed his plot with a confidential human source and two FBI undercover employees. According to the complaint, Solano provided three videos to the source, in which Solano makes pro-ISIS statements and expresses anti-U.S. sentiments.
Just prior to his arrest, Solano took possession of what he believed was an explosive device, took steps to arm it and walked toward a mall entrance in order to carry out his attack. Unbeknownst to Solano, the device was inert and did not pose a risk to the public.
If convicted, the defendant faces a statutory maximum of life imprisonment and a $250,000 fine. 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.
Solano is scheduled to have a pre-trial detention hearing on Thursday, Oct. 25, at 10:00 a.m. before U.S. Magistrate Judge Chris M. McAliley. The arraignment is scheduled for Monday, Nov. 6. Solano traveled to the U.S. on a tourist visa and was granted temporary legal status for humanitarian reasons in 2002.
A criminal complaint is only an accusation and the defendant is presumed innocent unless and until proven guilty.
Mr. Boente and Mr. Greenberg commended the investigative efforts of the FBI. The case is being prosecuted by Assistant U.S. Attorney Karen Gilbert of the Southern District of Florida and Trial Attorney Jolie Zimmerman of the National Security Division’s Counterterrorism Section.
Head of Camden Nonprofit Sentenced to 70 Months in Prison for Defrauding Medicaid and Embezzling over $1.5 MillionRead the Press Release
CAMDEN, N.J. – The executive director of a nonprofit provider of mental health services to Camden’s poorest residents was sentenced today to 70 months in prison for defrauding New Jersey Medicaid by using unqualified people to treat Medicaid recipients and taking money from the nonprofit, Acting U.S. Attorney William E. Fitzpatrick announced.
Cesar Tavera, 53, of Cherry Hill, New Jersey, previously pleaded guilty before U.S. District Judge Noel L. Hillman to an information charging him with conspiracy to commit health care fraud and embezzling from a health care benefit program. Judge Hillman imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
Cesar Tavera was the Executive Director of Nueva Vida Behavioral Health Center of New Jersey, a nonprofit provider of mental health services to the Camden Hispanic community.
Most of Nueva Vida’s patients are on Medicaid, and Tavera controlled Nueva Vida’s billings to New Jersey Medicaid. He also supervised the people at Nueva Vida who treated Medicaid patients. New Jersey Medicaid rules require that people giving mental health therapy to Medicaid recipients must either be licensed or have a master’s degree in mental health. Tavera had several unlicensed, unqualified individuals treat Medicaid recipients and then billed Medicaid as if qualified therapists had treated the patients. Tavera himself treated Medicaid patients even though he was not qualified.
Under Tavera’s direction, Nueva Vida used several other fraudulent practices to obtain money from Medicaid. Nueva Vida billed Medicaid for therapy that never happened and billed group therapy as if each participant received individual therapy. If a mother received therapy without her child, Nueva Vida would bill Medicaid for a session with the mother and a separate session with the child. Nueva Vida billed Medicaid for short sessions as if they lasted for 45 minutes. To cover up his crimes, Tavera created false records to pass Medicaid audits.
He regularly embezzled money from the Nueva Vida bank account in addition to his salary and spent the money on himself and his family. He used the Nueva Vida bank account to pay for dental care, meals, travel in the United States and abroad, and the expenses of his daughter’s music career. Tavera paid no-show employees with cash and payroll checks from Nueva Vida’s bank account. He repeatedly withdrew cash at the Sugar House Casino in Philadelphia and used the money to gamble at the casino. Tavera embezzled more than $1.5 million from Nueva Vida.
In addition to the prison term, Judge Hillman sentenced Tavera to three years of supervised release and ordered to pay $2.5 million in restitution.
Acting U.S. Attorney Fitzpatrick credited agents of the FBI’s South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster in Philadelphia, and special agents from the Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, for the investigation leading to the guilty pleas. He also thanked the Medicaid Fraud Division of the N.J. Office of the State Comptroller.
The government is represented by Assistant U.S. Attorney R. David Walk Jr. of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Camden.
The U.S. Attorney’s Office reorganized its health care practice in 2010 and created a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since that time, the office has recovered more than $1.34 billion in health care and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act, and other statutes.