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30 November 2017
Former Baltimore City Sergeant Indicted for Planting EvidenceRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – A federal grand jury has indicted former Sergeant Wayne Earl Jenkins, age 37, of Middle River, Maryland, today on charges relating to a 2010 arrest based in part on planted evidence. Jenkins has been charged with Destruction, Alteration, or Falsification of Records in Federal Investigations and Deprivation of Rights Under Color of Law.
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to the five-count indictment, on April 28, 2010, Jenkins, driving an unmarked Baltimore Police Department (BPD) vehicle with Officer #2 as his passenger, and Officer #1, who was also driving an unmarked BPD vehicle, engaged in a vehicle pursuit of a car driven by U.B. B.M. was a passenger in the car driven by U.B.
At the intersection of Belle Avenue and Gwynn Oak Avenue, U.B., who was driving at a high speed, struck a car entering the intersection. The impact of the collision was so great that the car was pushed onto the front porch of a row house on the corner of the intersection. The car was operated by an elderly man whose wife was a passenger. The elderly driver was trapped in the car after the collision and died later that day.
The indictment alleges there were no drugs in the car driven by U.B. prior to the crash. After the crash, and after U.B. and B.M. had been arrested, Jenkins told Officer #2 to call a Sergeant who was not at the scene because he had the “stuff” in his car.
After emergency medical personnel arrived on the scene, Officer #2 returned to Jenkins who was standing near U.B. and B.M.’s car. At that time, Jenkins told Officer #2 that the “stuff” was in the car, referring to U.B. and B.M.’s car, and that Jenkins was going to send Officer #1 to the car to find it because Officer #1 was “clueless.” Sometime later, Officer #2 saw Officer #1 searching the car. Officer #1 signaled that he had found something.
Officer #1 found approximately 28 grams of heroin that Jenkins had planted in the vehicle. Later that day, Jenkins authored a false Statement of Probable Cause where he claimed that “32 individually wrapped pieces of plastic containing a tan powder substance each weighing approximately one gram (all of which was suspected high purity heroin)” was recovered from U.B.’s car by Officer #1. The indictment charges that Jenkins knew the heroin in U.B.’s car had been planted.
Following the incident and arrest, Jenkins listened to recorded jail calls of U.B. and B.M. After having listened to these calls, Jenkins told Officer #2 that U.B. and B.M. were saying that the heroin recovered from the car had been planted on them. Jenkins told Officer #2 that he could not testify if the case went to trial because “something had been put in the car,” referring to the heroin that had been planted in U.B.’s car.
Based on the false police report, U.B. and B.M. were charged with, and imprisoned for, federal drug charges for the heroin that had been planted in U.B.’s car.
Jenkins is presently awaiting trial on January 16, 2018 on criminal racketeering and fraud charges. Jenkins now faces an additional sentence of 20 years in prison for the additional charges. Jenkins remains detained.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The United States Attorneys Office filed a petition for a writ of coram nobis to vacate the Federal convictions of U.B. and B.M.
PETITION FOR A WRIT OF CORUM NOBIS TO VACATE CONVICTIONS
The United States has filed a petition for a writ of corum nobis in United States v. Burley and Matthews, Cr. No. 11-74-RDB, to vacate the federal drug convictions of Burley and Matthew because they are innocent.
Federal Courts have the power to grant a writ of error coram nobis to vacate a conviction after a sentence has already been served to achieve justice.
On June 10, 2011, Umar Burley and Brent Matthews entered pleas of guilty in United States District Court to charges of possession with intent to distribute heroin despite the fact they knew they were innocent. Both men concluded that in a trial involving a Baltimore Police Department Sergeant’s word against theirs, they would lose.
On August 18, 2011, Burley was sentenced to 15 years in prison on the federal drug charge to run concurrent to his state sentence (10 years) in the vehicular manslaughter case. On September 19, 2011, Matthews was sentenced to 46 months in prison on the federal drug charges with credit for time served since March 4, 2011.
On September 19, 2013, Matthews was placed on supervised release after serving more than two-and-a-half years in federal custody.
During the course of the ongoing investigation of corruption at the Baltimore Police Department, the United States learned that the heroin Jenkins planted was the heroin in Burley’s vehicle. Jenkins did not disclose that the heroin was planted to the prosecutor who was assigned to prosecute Burley and Matthews. On August 23, 2017, the Government moved to reduce Burley’s sentence to time served. After a hearing on August 31, 2017, the Court granted the Government’s motion and Burley was released from prison that day.
Acting United States Attorney Stephen M. Schenning commended the FBI for its work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Leo J. Wise and Derek E. Hines, who moved to vacate the convictions of Burley and Matthews and are prosecuting the Organized Crime Drug Enforcement Task Force cases against Jenkins and other former officers of the Baltimore City Police Department and Philadelphia Police Department.
Foreign National Pleads Guilty to Transporting Stolen Coins in Interstate and Foreign CommerceRead the Press Release
A dual citizen of Australia and the United Kingdom pled guilty to transporting stolen gold and silver collectible coins in interstate and foreign commerce.
Benjamin G. Greenberg, Acting United States Attorney of the Southern District of Florida, Robert F. Lasky, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Thomas Robarge, Special Agent in Charge, United States Coast Guard Investigative Service (CGIS), Southeast Region, made the announcement.
Lewis Bennett, 40, of Delray Beach, pled guilty to one count of transporting stolen property valued at $5,000 or more in interstate or foreign commerce. Sentencing is scheduled for February 12, 2018, before United States District Judge James Lawrence King in Key West, Florida. At sentencing, Bennett faces a statutory maximum of ten years in prison.
According to court documents, including the agreed upon factual proffer, Bennett knowingly transported stolen gold and silver coins from St. Maarten to the United States. In May 2016, Bennett was serving as a crewmember on board a sailing vessel, KITTY R. On or about May 5, 2016, collectible gold and silver coins were stolen from KITTY R while the vessel was located in St. Maarten. Bennett knew the location where the coins were located on KITTY R and filed a police report in St. Maarten concerning the stolen coins.
In the early morning of May 15, 2017, the United States Coast Guard (USCG) received an emergency alert approximately 26 nautical miles from Cay Sal Bank, Bahamas, in international waters. An USCG helicopter ultimately rescued Bennett from a life raft and transferred him to an airport in Marathon, Florida. Bennett reported to the USCG that he had been on board an approximately 40-foot catamaran with his wife, and deployed his life raft after his catamaran began taking on water.
Collectible coins stolen from KITTY R were recovered from Bennett’s life raft and his residence in Palm Beach County, Florida. As of May 15, 2017, the market value of the recovered gold and silver coins was approximately $38,480.00. Bennett had knowingly transported these coins from St. Maarten to the United States.
Mr. Greenberg commended the investigative efforts of the FBI and CGIS in this matter. This case is being prosecuted by Assistant U.S. Attorney Kurt K. Lunkenheimer and Special Assistant U.S. Attorney Emily A. Rose.
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.
Florida Pharmacy and Owner Agree to Pay $170,000 to Resolve Allegations of Fraudulent Claims to Tricare for Compounded MedicationsRead the Press Release
Express Plus Pharmacy, LLC, a pharmacy that operated in Davie, Florida and its owner, Antonio Primo, have agreed to pay $170,000 to resolve allegations that they violated the False Claims Act by submitting fraudulent claims to Tricare for compounded medications such as pain creams, the United States Attorney’s Office announced today.
“This case demonstrates the United States Attorney’s Office’s commitment to combat compounding pharmacy fraud, which targets federal health care programs and especially TRICARE,” said Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida. “Our office will aggressively pursue those who abuse federal health care programs for personal profit.”
As set forth in the settlement agreement between the parties, the United States alleged that, between January and May, 2015, Express Plus Pharmacy knowingly submitted claims to TRICARE for compounded medications that were not reimbursable because they were not issued pursuant to valid physician-patient relationships; the prescriptions were issued after brief phone calls with patients that violated applicable law on telemedicine; the prescriptions were medically unnecessary; and/or the prescriptions were tainted by kickbacks to marketers. This settlement, which was based on the defendants’ ability to pay, resolves these allegations as to prescriptions written by one physician.
“The Defense Criminal Investigative Service is committed to protecting the integrity of the U.S. military health care program to provide top quality medical care to America’s warfighters and their families, while ensuring that health care providers and facilities comply with Federal laws,” said John F. Khin, Special Agent in Charge, DCIS - Southeast Field Office. “DCIS aggressively pursues all available remedies to bring violators to justice. This settlement demonstrates the effectiveness of our investigative efforts.”
This case was developed through an initiative to track and prosecute compounding pharmacies that submitted millions of dollars in improper claims to the TRICARE program. The government estimates that, in 2015, approximately $1.5 billion of tainted and unnecessary compound prescriptions were paid by the government.
The investigation of this case was the result of a coordinated effort by the United States Attorney’s Office for the Southern District of Florida and the U.S. Department of Defense, Defense Criminal Investigative Service. The settlement was negotiated by Assistant U.S. Attorney Susan Torres.
The claims asserted against the defendants are allegations only, and there has been no determination of liability.
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.
Final Two Defendants Plead Guilty in Identity Theft SchemeRead the Press Release
SACRAMENTO, Calif. — Two Woodland residents pleaded guilty today to a scheme to steal identities from mail obtained by fraudulent vacation holds and mail forwarding requests filed online, U.S. Attorney Phillip A. Talbert announced.
Latomba Bishop, 32, pleaded guilty to mail fraud and aggravated identity theft, and Joshua Yadon, 34, pleaded guilty to conspiracy to obtain mail by fraud.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “Postal Inspectors worked closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those individuals responsible for thefts of mail and identity theft crimes committed against the public.”
According to court documents, Bishop, Yadon, and Norman Thompson, 36, of Sacramento, conspired to obtain credit cards, checks, and merchandise in victims’ names and then diverted these items from the victims’ true addresses to the conspirators’ addresses using fraudulent vacation holds and mail forwarding requests filed online with the U.S. Postal Service. The defendants were captured on video using fraudulently obtained credit cards at various retailers in the Sacramento area.
For her part, Bishop made a $1,000 online purchase of shoes using a victim’s compromised online merchant account. When the victim reported the fraud and the shipment was canceled, Bishop called the company, posing as the victim, and demanded she be reimbursed for the purchase. Bishop directed the company to mail checks to Bishop’s own address.
According to the plea agreements, on April 19, 2017, Yadon and Bishop bought over $1,000 in merchandise at a home improvement store using a credit card obtained through the scheme.
This case is the product of an investigation by the United States Postal Inspection Service with assistance from the Davis Police Department, Sacramento County Probation, and the Woodland Police Department. Assistant U.S. Attorney Jeremy J. Kelley is prosecuting the case.
On October 5, 2017, co-defendant Thompson was sentenced by U.S. District Judge Troy L. Nunley to three years and 10 months in prison after pleading guilty to conspiring to obtain mail by fraud. He was ordered to pay $38,086 in restitution to victims of the scheme.
Yadon and Bishop are scheduled to be sentenced by Judge Nunley on February 15, 2018. Yadon faces a maximum statutory penalty of five years in prison and a $250,000 fine. Bishop faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Federal jury convicts man for trafficking methamphetamine, firearms chargesRead the Press Release
ALEXANDRIA, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a federal jury found a Clayton man guilty of possessing methamphetamine with intent to distribute and firearms charges.
Robert L. Snyder, 41, of Clayton, La., was found guilty of one count of possession with intent to distribute methamphetamine, one count of possession of an unregistered firearm, and two counts of possession of a firearm by a convicted felon. United States District Judge Dee D. Drell presided over the trial. The defendant’s trial started Monday and ended Wednesday with the jury returning the guilty verdict after deliberating for about three hours. Evidence admitted at trial revealed that law enforcement agents learned that illegal drugs were being sold out of a Clayton residence. After a search of Snyder’s home, police found more than 100 grams of methamphetamine along with numerous firearms, $1,600 in cash and $10,000 in money orders. Law enforcement revisited the property on March 4, 2014 and found more firearms in the home. In total, law enforcement found 15 weapons and ammunition. Among the firearms was a .22 caliber rifle with the serial number removed.
Snyder faces 10 years to life in prison for the methamphetamine count, up to 10 years in prison for possession of an unregistered firearm, and up to 10 years in prison for each count of possession of a firearm by a convicted felon. He also faces not less than five years of supervised release, a $10 million fine and forfeiture of items seized during the investigation. The court set sentencing for March 6, 2018.
The U.S. Marshals Service, FBI, ATF and the Concordia Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorneys Tennille M. Gilreath and Mary J. Mudrick are prosecuting the case.
Federal Jury Finds Man Guilty of Sex Trafficking of A MinorRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, a federal jury in New Bern found WILLIAM MAURICE SADDLER guilty of conspiracy to commit sex trafficking of a minor and sex trafficking by force, fraud or coercion and of a minor.
SADDLER was named in an Indictment on October 5, 2016 that included four other codefendants who previously pled guilty. SADDLER was found guilty of Counts One and Two in the indictment.
The evidence presented at trial showed: The victim was fifteen years old. He began a dating and then a sexual relationship with her. One day, SADDLER gave her crack, took her to a Mexican migrant camp near Wilson, North Carolina, and forced her to prostitute. After that, SADDLER took her to Mexican migrant camps near Wilson numerous times to prostitute. SADDLER abused and threatened the victim when she said that she did not want to prostitute.
At sentencing, SADDLER faces a maximum sentence of not less than 15 years in prison up to life imprisonment and a fine of up to $500,000.
Investigation of this case was conducted by the Federal Bureau of Investigation, the Raleigh Police Department, the N.C. State Bureau of Investigation, the Wilson Police Department and the Wilson County Sheriff’s Office. Assistant United States Attorneys Erin C. Blondel and Eleanor Morales represented the United States.
Federal Indictment Charges Three North Minneapolis Gang Members in Violent Drug Trafficking ConspiracyRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced a federal indictment charging three members of the North Minneapolis-based 1-9 Block Dipset Gang with crimes related to violent gang activity, including conspiracy, possession and distribution of heroin, and illegal possession of firearms and ammunition. DOMONICK DESHAY WRIGHT, a/k/a “Freaky,” 29, BRIAN FUNTANOUS MACK, a/k/a “B-Mack,” 32, and HAKEEM MALIK DONTAE FLAX, a/k/a “Keem,” 31, are currently in custody and are awaiting court appearances before a United States Magistrate Judge.
According to the indictment, from at least August 2016 through the present, the defendants maintained active membership in the 1-9 Block Dipset Gang, with the purpose of making money for the gang through criminal acts, including distribution of heroin. As part of their heroin distribution scheme, WRIGHT, MACK, FLAX and other members of the gang possessed, used and carried firearms in order to protect themselves from rival gang members and maintain drug distribution territory. WRIGHT, MACK and FLAX have prior felony offenses that make them ineligible to possess firearms.
According to the indictment, members of the 1-9 Block Dipset Gang were involved in a violent gang war with rival North Minneapolis gangs, including the Tre Tre Crips and the Young-N-Thuggin gangs, which resulted in the shooting deaths of gang members on both sides of the conflict. Disputes over gang territories and retaliation for prior acts of violence also contributed to the gun violence. As an example, on August 5, 2017, FLAX shot and killed a member of the rival Tre Tre Crips gang in a parking lot outside of a North Minneapolis restaurant.
This indictment is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Minneapolis Police Department.
This case is being prosecuted by Assistant U.S. Attorney Thomas Calhoun-Lopez.
Defendant Information:
DOMONICK DESHAY WRIGHT, a/k/a “Freaky,” 29
Brooklyn Center, Minn.
Charges:
- Conspiracy to possess a firearm in furtherance of a drug trafficking crime, 1 count
- Conspiracy to distribute heroin, 1 count
- Possession with intent to distribute heroin, 1 count
- Felon in possession of a firearm, 2 counts
- Possession of a firearm in furtherance of a drug trafficking crime, 1 count
BRIAN FUNTANOUS MACK, a/k/a “B-Mack,” 32
Minneapolis, Minn.
Charges:- Conspiracy to possess a firearm in furtherance of a drug trafficking crime, 1 count
- Conspiracy to distribute heroin, 1 count
- Possession with intent to distribute heroin, 1 count
- Felon in possession of a firearm, 3 counts
- Possession of a firearm in furtherance of a drug trafficking crime, 1 count
HAKEEM MALIK DONTAE FLAX, a/k/a “Keem,” 31
Vadnais Heights, Minn.
Charges:- Conspiracy to possess a firearm in furtherance of a drug trafficking crime, 1 count
- Conspiracy to distribute heroin, 1 count
- Felon in possession of ammunition, 1 count
- Discharge of a firearm in furtherance of a drug trafficking crime, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Federal Indictment Charges Four in Furanyl Fentanyl Distribution ConspiracyRead the Press Release
LUBBOCK — Four Lubbock residents have been charged in a federal indictment, unsealed today, with felony offenses stemming from their role in a furanyl fentanyl distribution conspiracy, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
The defendants made their initial appearances in federal court in Lubbock before U.S. Magistrate D. Gordon Bryant, Jr. and will remain in custody pending trial.
The four-count indictment charges Steven Lawrence Forcum, 32; Krisandrea Monee Dobbs, 31; Peyton Cleveland Wilson, 27; and Ashlyn Paige Utley, 23, with one count of conspiracy to distribute and possess with intent to distribute furanyl fentanyl. In addition, Utley and Wilson are charged with one count of distribution and possession with intent to distribute furanyl fentanyl. Wilson is also charged with one count of possession of a firearm in furtherance of a drug trafficking crime.
A federal indictment is an accusation by a grand jury. A defendant is entitled to the presumption of innocence unless proven guilty. If convicted, however, the defendants’ sentences will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense and the characteristics of the violation.
The Drug Enforcement Administration and the Lubbock Police Department are in charge of the investigation.
Assistant U.S. Attorney Russell Lorfing is in charge of the prosecution.
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Federal Grand Jury Indicts Two Men for Child Sex-Trafficking in Madison CountyRead the Press Release
BIRMINGHAM – A federal grand jury late Wednesday indicted a Huntsville man and a Honduran national on sex-trafficking charges involving a minor in Madison County, announced U.S. Attorney Jay E. Town and ICE Homeland Security Investigations Special Agent in Charge Raymond R. Parmer Jr.
In separate indictments filed in U.S. District Court, BILLY R. EDWARDS, 63, of Huntsville, and DARWIN MOISES AMADOR-ZEPEDA, 38, of Honduras, are charged with commercial sex trafficking, coercion and enticement of a minor to engage in prostitution and sexual exploitation of a child. Edwards also faces additional charges of producing child pornography and being a convicted felon in possession of firearms.
“Sex trafficking and the exploitation of children are among the most heinous acts that too often prey on the youngest and most vulnerable members of our community,” Town said. “Our Human Trafficking Task Force will continue bringing to justice the persons who facilitate these horrific crimes.”
“Sex trafficking of a minor is one of the most reprehensible criminal offenses imaginable,” Parmer said. “Along with law enforcement partners like the Madison County Sheriff's Office, HSI will continue seeking out the facilitators and perpetrators of these heinous crimes to ensure they are brought to justice.”
HSI arrested Edwards Oct. 30 on a criminal complaint charging that he paid Amador-Zepeda more than $20,000 over several years to have sexual relations with a boy who was 16 years old when Amador forced him into the ongoing sexual relationship with Edwards.
According to the indictments, Edwards and Amador-Zepeda both trafficked “Minor Child 1” between December 2014 and January 2017, knowing that the child would be forced or coerced into commercial sex acts. During that time, the two men used cell phones and bank accounts to induce or coerce the child to engage in prostitution, and used a cell phone to induce or coerce the child to engage in sexually explicit conduct in order to photograph the conduct, according to the charges.
Edwards is charged with possessing an Industrial National de Armes .38-caliber revolver, a Jimenez Arms .25-caliber pistol, a Bryco Jennings .380-caliber pistol and a Winchester model 1400 MKII shotgun on Sept. 1, 2017, in Madison County. He was convicted of a felony, conspiracy to commit fraud, in the Northern District of Alabama in 2005, according to the indictment.
Amador-Zepeda has used a number of aliases, according to the indictment, including Darwin M. Amador, Moises Amador, Amador Zepeda-Darwin Moses, Mario Antonio Guillen-Lopez and Mario Guillen-Lopez.
Immigration and Customs Enforcement’s HSI, in conjunction with the Madison County Sheriff’s Department and the Madison County District Attorney’s Office, investigated the case, which Assistant U.S. Attorneys Xavier Carter and Carla Ward are prosecuting.
Fairhaven Man Sentenced for Distributing MethamphetamineRead the Press Release
BOSTON – A Fairhaven man was sentenced yesterday in federal court in Boston for distributing methamphetamine.
Peter Lobo, 54, was sentenced by U.S. District Court Judge Denise J. Casper to five years in prison and three years of supervised release. In July 2017, Lobo pleaded guilty today to one count of distributing methamphetamine.
In late 2016, an undercover agent posing as a Maine methamphetamine dealer met with Lobo, and on Dec. 12, 2016, Lobo distributed a half-pound sample of methamphetamine to the agent. Two days later, the agent paid Lobo $4,000 for the half-pound, and Lobo sold an additional four pounds of methamphetamine to the agent. A subsequent drug analysis determined that the substance consisted of 1,777 grams of 99% pure d-methamphetamine hydrochloride, also known as “Ice.”
Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorney Theodore B. Heinrich of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.
Eric Matthew Reddick Pleads Guilty to Federal Armed Robbery and Firearms ChargesRead the Press Release
ALBUQUERQUE – Eric Matthew Reddick, 22, of Albuquerque, N.M., pled guilty today in federal court to a two-count indictment charging him with violating the Hobbs Act and federal firearms laws. The charges against Reddick arise out of the armed robbery of a convenience store on Oct. 6, 2017, during which Reddick shot and injured two individuals. Reddick entered the guilty plea without the benefit of a plea agreement.
Acting U.S. Attorney James D. Tierney said that Reddick is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The FBI arrested Reddick on Oct. 12, 2017, on a criminal complaint charging him with violating the Hobbs Act by robbing a business engaged in interstate commerce and with discharging a firearm during a crime of violence on Oct. 6, 2017, in Bernalillo County, N.M. According to the criminal complaint, on Oct. 6, 2017, Reddick entered an Albuquerque-area convenience store and placed a pack of gum and a dollar bill on the counter. When the store clerk opened the cash drawer, Reddick pointed a firearm at the store clerk, and demanded and obtained cash from the store clerk. As he left the convenience store, Reddick fired several rounds of ammunition at the store clerk and a witness who was taking photographs of him with a cellular telephone, hitting and injuring both of them.
Later that day, officers of the Albuquerque Police Department (APD) arrested Reddick, who was in the vehicle in which he used to flee from the convenience store, on related state charges, which have been dismissed in favor of federal prosecution. In the vehicle, the officers observed a firearm during an inventory search.
Reddick was subsequently indicted on Oct. 24, 2017, and charged with violating the Hobbs Act by robbing a business engaged in interstate commerce and brandishing and discharging a firearm during and in relation to a crime of violence on Oct. 6, 2017, in Bernalillo County.
At sentencing, Reddick faces a statutory maximum penalty of 20 years in prison on the Hobbs Act charge. Reddick also faces a statutory mandatory minimum of ten years of imprisonment for discharging a firearm during a crime of violence, which must be served consecutive to any sentence imposed on the other charge.
This case was investigated by the Albuquerque office of the FBI and APD. Special Assistant U.S. Attorney Timothy Trembley is prosecuting the case.
El Salvadorian National Pleads Guilty to Illegal ReentryRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that BENJAMIN GARCIA-VASQUEZ, age 50, a native of El Salvador, pled guilty yesterday to a one-count Indictment charging him with illegal entry of a removed alien.
According to court documents, GARCIA-VASQUEZ was previously removed from the United States on October 26, 2012. GARCIA-VASQUEZ was found in the Eastern District of Louisiana on July 26, 2017, without having received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter the country.
GARCIA-VASQUEZ faces a maximum term of imprisonment of two years in prison, a fine of $250,000, one year of supervised release, and a $100 special assessment fee. U.S. District Judge Susie Morgan set sentencing for January 12, 2018.
Acting U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney David Howard Sinkman is in charge of the prosecution.
East Aurora Man Pleads Guilty for His Role in A Pharmacy RobberyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Ryan Peltan, 32, of East Aurora, NY, pleaded guilty to brandishing a firearm in furtherance of a crime of violence before U.S. District Judge Lawrence J. Vilardo. The charge carries a mandatory minimum sentence of seven years in prison, a maximum of life, and a $250,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that, on October 24, 2015, the defendant entered Larwood Pharmacy Inc., located at 597 Oakwood Avenue in East Aurora. Armed with a handgun, the defendant directed the pharmacy owner at gun point to give him controlled substances. Peltan also ordered customers to lie on the ground. The defendant then forcibly took numerous bottles of prescription pills and controlled substances and fled the pharmacy. Peltan was subsequently arrested a couple days later in Akron, Ohio, in possession of many of the prescription pills and controlled substances that were taken from Larwood Pharmacy during the robbery.
The plea is the result of an investigation by: the Drug Enforcement Agency and the East Aurora Police Department.
Sentencing is scheduled for March 23, 2018, at 12:30 p.m. before Judge Vilardo.
Durham Man Sentenced in Scheme to Defraud Area BusinessesRead the Press Release
GREENSBORO, N.C. – A Durham resident was sentenced on November 28, 2017, for carrying out a scheme to defraud Durham businesses and aggravated identity theft, announced Sandra J. Hairston, Acting United States Attorney for the Middle District of North Carolina.
GARY PATTERSON, 31, was sentenced to 94 months in federal prison on November 28, 2017, by the Honorable Loretta C. Biggs, United States District Judge for the Middle District of North Carolina. PATTERSON had previously pleaded guilty to charges of wire fraud in violation of Title 18, United States Code, Section 1343, and aggravated identity theft in violation of Title 18, United States Code, Section 1028A(a)(1), in relation to a scheme to defraud Durham businesses by portraying himself as a local clergyman.
Court documents reveal that PATTERSON victimized dozens of small businesses by making numerous fraudulent credit card purchases. PATTERSON made these transactions by convincing merchants to “force” the sale after the worthless and unauthorized credit card presented by PATTERSON was rejected by the bank. A merchant can “force” a transaction where the bank issuing the credit card has rejected the credit card purchase. Normally, the merchant contacts the bank and requests a code to authorize the transaction despite the bank’s rejection of the card.
PATTERSON convinced numerous merchants to force transactions that had been rejected by the card issuer. PATTERSON often presented himself as being a pastor or bishop associated with a Durham church including “Bishop Gary Johnson” and “Pastor Ed Johnson.” Using the “forced” transaction scheme and a variety of stolen credit cards, PATTERSON obtained money, goods and services from the defrauded merchants. In his assumed role as a clergyman, PATTERSON presented merchants with a debit card issued on a closed Bank of America Account in the name of “Second Chance Outreach Ministry.”
As part of his scheme, PATTERSON also represented to auto care businesses that the business had recently repaired a van from the church at which he claimed to serve as a bishop or pastor. He further represented to the auto care shop that the repair work on the church van had been paid for with a personal credit card and that he needed to pay for the work with a church credit card and receive a refund check for the work paid for on the personal credit card. PATTERSON then presented the auto care business with the “Second Chance Outreach Ministry” debit card to pay for the repair of the church van and instructed the auto care business to “force” the transaction when the sale was declined. After the transaction was forced, PATTERSON then instructed the auto care business to provide him with a check in the amount of the refund, when in fact, as PATTERSON then well knew, no repair work had been performed, the forced credit card transaction would be rejected by Bank of America, N.A., and he was not entitled to receive any refund from the auto care merchant. He then converted the refund check to his own use leaving the auto car business to bear the loss.
In addition to a 94-month term of imprisonment, Judge Biggs sentenced PATTERSON to three years of supervised release and ordered him to pay $72,730.66 in restitution.
The United States Department of Treasury Office of Inspector General and the Durham Police Department participated in the investigation of this case. Special Assistant United States Attorney Kennedy Gates and Assistant United States Attorney Frank Joseph Chut, Jr., prosecuted the case.
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Dominican National Charged with Identity TheftRead the Press Release
BOSTON – Wilkin Pena Soto, 31, was indicted today in federal court in Boston on one count of passport fraud and one count of aggravated identity theft.
According to court documents, Pena Soto applied for a passport at an Attleboro Post Office in August 2017, purporting to be a U.S. citizen. On the application, he represented that the name, Social Security number, and date of birth of a Puerto Rican man were his. He supported the application with a birth certificate and Massachusetts driver’s license in the U.S. citizen’s name. It is further alleged that Pena Soto committed aggravated identity theft in connection with the passport application.
The charging statute for aggravated identity theft provides for a mandatory sentence of two years in prison, up to one year of supervised release and a fine of up to $250,000. The charge of passport fraud provides for no greater than 10 years in prison, three years of supervised released and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; William B. Gannon, Special Agent in Charge of the U.S. Department of State’s Diplomatic Security Service, Boston Field Office; and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Christine Wichers of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Doctor Sentenced to 16 Years for Distributing DrugsRead the Press Release
COEUR D'ALENE – Dr. Rafael Beier, 63, of Kingston, Idaho, was sentenced yesterday to 192 months in federal prison followed by ten years of supervised release for unlawfully distributing oxycodone and hydrocodone, U.S. Attorney Bart M. Davis announced. Senior U.S. District Judge Edward J. Lodge also ordered Dr. Beier to pay a $63,000 fine and to forfeit proceeds of $732,800.
In May 2016, a north Idaho jury found Dr. Beier guilty of conspiring to distribute oxycodone and hydrocodone and 61 separate counts of distributing a controlled substance. It is unlawful for a doctor to distribute controlled substances outside the usual course of their professional practice and not for a legitimate medical purpose.
Evidence at trial showed that between 2012 and May 2014, Dr. Beier sold prescriptions for highly addictive drugs like oxycodone, Adderall and hydrocodone in exchange for cash at locations such as bars, parking lots, stores, as well as his office. The jury heard evidence that Dr. Beier created false medical charts to explain the illegal drug sales.
The jury also saw the prescriptions written by Dr. Beier, a video of Dr. Beier discussing his drug sales with a witness, and an audio recording of a government informant buying a prescription from Dr. Beier in a bathroom stall. Witnesses included co-conspirators who sold pills for Beier, non-patients whose names were used on prescriptions and a number of people who bought prescriptions from Dr. Beier. Several witnesses testified about the substantial negative effect that opioid addiction had on their lives.
At the sentencing hearing, Judge Lodge stated, "Dr. Beier let greed, sexual satisfaction and the power of a prescription pad cloud his judgment.”
The case was investigated by Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), and North Idaho Violent Crimes Task Force (NIVCTF).
Dentist and Others Charged in Medicaid Health Care Fraud Scheme at Upper Manhattan Dental ClinicRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Scott J. Lampert, the Special Agent in Charge of the New York Regional Office of the United States Department of Health and Human Services Office of Inspector General (“HHS-OIG”), announced the arrests of MEHMET DIKENGIL, ANNA JONES, and LUIS OMAR VARGAS for their participation in a scheme to defraud Medicaid of more than $400,000. DIKENGIL, the owner of Dental Express Broadway, P.C., a dental clinic located in upper Manhattan, employed JONES, an officer manager, and VARGAS, an unlicensed dental provider, in furtherance of the health care fraud, which involved billing Medicaid for dental services that were not provided to patients. DIKENGIL and VARGAS were arrested this morning in New Jersey. JONES was arrested this morning in Queens, New York. The defendants will be presented later today in Manhattan federal court before Chief Magistrate Judge Debra Freeman.
Acting Manhattan U.S. Attorney Joon H. Kim said: “As alleged, these defendants, including a licensed dentist, defrauded Medicaid time and again by billing for services that were never provided. Together with our law enforcement partners, we will aggressively prosecute those who defraud federal programs that provide care for low income New Yorkers.”
HHS-OIG Special Agent-in-Charge Scott J. Lampert: “Health providers, including an unqualified ‘dentist,’ allegedly siphoned money from the vital Medicaid program to pay for services not needed or never delivered. Patients and taxpayers need to know that suspected government health program fraud will be investigated and prosecuted.”
According to the Complaint[1] unsealed in federal court:
From at least January 2017, up to and including November 2017, DIKENGIL, a licensed dentist and owner of Dental Express Broadway, P.C. (the “Dental Clinic”), JONES, the office manager at the Dental Clinic, and VARGAS, an unlicensed dental provider at the Dental Clinic, engaged in a health care fraud conspiracy. In furtherance of the fraud, the defendants submitted numerous reimbursement claims to Medicaid for having provided Medicaid patients with dental services, when, in fact, they did not provide such services. Patients were recruited to the Dental Clinic where they were paid kickbacks of $25 to undergo minimal dental procedures. The Dental Clinic then billed Medicaid for any dental services provided to the patients, as well as for additional dental services that were not provided. In addition, VARGAS, although not licensed as a dentist, performed dental work and then billed Medicaid under DIKENGIL’s name. In total, the Dental Clinic submitted fraudulent Medicaid claims totaling more than $400,000.
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The Complaint charges MEHMET DIKENGIL, 69, of Chester, New Jersey, ANNA JONES, 59, of Queens, New York, and LUIS OMAR VARGAS, 45, of Roselle, New Jersey, with conspiracy to commit health care fraud and health care fraud. The maximum sentence on each count is 10 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Kim praised the investigative work of HHS-OIG. Mr. Kim also thanked the New York City Human Resources Administration for their assistance during the investigation.
This case is being handled by the Office’s General Crimes Unit. Assistant U.S. Attorney Alexandra N. Rothman is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations and every fact described should be treated as an allegation.
Defendants Sentenced for Roles in Distributing Large Amounts of MethamphetamineRead the Press Release
AMARILLO, Texas — Two defendants, who pleaded guilty to their respective roles in distributing large quantities of methamphetamine in Amarillo, Texas, were sentenced this afternoon by U.S. District Judge Sidney A. Fitzwater, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
Benigno Paez, 29, was sentenced to a total of 248 months in federal prison. He pleaded guilty in August 2017 to one count of possession with intent to distribute methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking crime.
Co-conspirator Eliazar Rocha, 35, also pleaded guilty in August 2017 to one count of possession with intent to distribute methamphetamine and was sentenced to 108 months in federal prison.
Judge Fitzwater ordered Paez and Rocha to surrender to the Bureau of Prisons on January 9, 2018.
According to the plea agreement factual resumes filed for both defendants, on April 30, 2017, Rocha, Paez and two other codefendants met with undercover officers to deliver six pounds of methamphetamine in exchange for $5,500 per pound. Rocha exited a vehicle, driven by Paez, to deliver the methamphetamine at which time officers indicated they did not have the money with them. When Rocha returned to the vehicle officers arrested the four defendants. Officers located 2,622 grams of methamphetamine in the vehicle and a stolen firearm.
Agents learned that the methamphetamine came from a residence in Amarillo, Texas. A search warrant was executed at the residence and law enforcement located an additional 1,846 grams of methamphetamine.
The case was investigated by the Drug Enforcement Administration. Assistant U.S. Attorney Joshua Frausto was in charge of the prosecution.
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Defendant Sentenced to 210 Months in Federal Prison on Methamphetamine Distribution ConvictionRead the Press Release
AMARILLO, Texas — Eduardo Gutierrez-Zamora, 31, of Amarillo, Texas, was sentenced yesterday by U.S. District Judge Sidney A. Fitzwater to 210 months in federal prison on a methamphetamine distribution conviction, announced Erin Nealy Cox, U.S. Attorney for the Northern District of Texas.
Gutierrez-Zamora pleaded guilty in June 2017 to one count of conspiracy to distribute or possess with intent to distribute 500 grams or more of methamphetamine. He has been in custody since January 8, 2017 on a related criminal complaint. Gutierrez-Zamora was in the United States illegally at the time of the offense and will be deported after serving his sentence.
According to the plea agreement factual resume filed in the case, on January 7, 2017, the Texas Department of Public Safety (TXDPS) received information from the Arizona state police that they stopped a vehicle for a traffic violation and the narcotic detection canine alerted to the vehicle. The trooper located eight bundles of suspected methamphetamine in the vehicle. Arizona officers informed TXDPS that the driver was willing to cooperate with law enforcement and deliver the methamphetamine to the intended recipient, Gutierrez-Zamora, in Amarillo, Texas.
The driver called Gutierrez-Zamora and was instructed to deliver the methamphetamine to Gutierrez-Zamora at his residence. Once the delivery was made, agents executed a search warrant at the residence and located the methamphetamine delivered and additional narcotics.
The Drug Enforcement Administration, U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and TXDPS investigated. Assistant U.S. Attorney Joshua Frausto prosecuted.
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Decatur Man Indicted on Kidnapping, Child Sex-Trafficking ChargesRead the Press Release
BIRMINGHAM – A federal grand jury late Wednesday indicted a Decatur man on kidnapping and child sex-trafficking charges, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp Jr.
A seven-count indictment filed in U.S. District Court charges BRIAN DAVID BOERSMA, 48, with two counts of attempted kidnapping, one count of attempted transportation with intent to engage in criminal sexual activity and one count of sex trafficking of children by force, fraud or coercion. The indictment also charges Boersma with illegally possessing a Smith & Wesson M&P .40-caliber pistol and both .40-caliber and .380-caliber ammunition as a convicted felon. It further charges that Boersma possessed the pistol in furtherance of a crime of violence – the attempted kidnappings.
“The quick actions of the FBI and the Decatur Police Department thwarted Mr. Boersma’s disturbing plot to effect the kidnapping of two individuals, the result of which could have had dire consequences,” Town said. “Mr. Boersma, and those like him, can expect to be prosecuted to the fullest extent by the United States.”
According to the indictment, between Sept. 1 and Oct. 10 in Morgan County, Boersma attempted to kidnap and hold “for ransom, reward and otherwise,” a minor, who was younger than 18, and a second individual identified as “K.S.” In separate counts, the indictment charges that Boersma attempted to transport the minor in interstate commerce for intended criminal sexual activity, and that he attempted to traffic the child, knowing she would be forced into a commercial sex act.
The maximum prison penalty for attempted kidnapping is 20 years. The prison penalty for both attempted transportation with intent to engage in criminal sexual activity and sex trafficking of children is 10 years to life. The maximum prison penalty for possessing a firearm or ammunition as a convicted felon is 10 years. The penalty for possessing a pistol in furtherance of a crime of violence is a minimum of five years in prison.
The FBI is investigating the case with assistance from the Decatur Police Department. Assistant U.S. Attorney Davis Barlow is prosecuting the case.
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Correction Officer Sentenced to 16 Months in Connection with Cover-Up of Inmate AssaultRead the Press Release
Joon H. Kim, Acting United States Attorney for the Southern District of New York, announced today that RODINY CALYPSO, a former New York City Correction Officer, was sentenced today in Manhattan federal court to 16 months in prison for filing a false “Use of Force” report in connection with his beating of a handcuffed inmate at Rikers Island. CALYPSO was found guilty of filing the false report on August 16, 2017, following a five-day jury trial at which he was also acquitted of one count of violating the civil rights of an inmate and one count of obstruction of justice. U.S. District Judge Valerie E. Caproni imposed today’s sentence.
Acting Manhattan U.S. Attorney Joon H. Kim said: “Today, Rodiny Calypso received the prison term that his cover-up deserved. A day after being caught on videotape beating a handcuffed man at Rikers Island, Rodiny Calypso undermined the ensuing investigation by repeatedly lying on a report. The integrity of investigations into Constitutional violations at New York’s jails and prisons is critically important, and lying to interfere with them can lead to a federal conviction, as well as time in prison.”
In sentencing CALYPSO, Judge Caproni said: “Make no mistake about it, this is a serious offense. Other correction officers should think long and hard about telling the truth on the Use of Force forms. It is important that they know that it’s not just that use of force that will get you in trouble, but lying to cover it up will, too.” Judge Caproni added that “the message has to be that you will pay dearly, not just with the loss of your job, but with the loss of your liberty” if a correction officer files a false report.
According to the Complaint, Indictment, other documents filed in Manhattan federal court, and evidence presented at trial:
Rikers Island is a jail complex located in the Bronx, New York, maintained by the New York City Department of Correction. At the time of his assault, the inmate (“Inmate-1”) was a pretrial detainee in the Otis Bantum Correctional Center (“OBCC”), a facility that houses, among other inmates, inmates in need of maximum security. Inmate-1 was housed in 5 North, a dormitory area within the OBCC in which inmates were generally kept in solitary confinement in individual cells for 23 hours per day. The shower facilities within 5 North were individual stalls, to be occupied by one inmate at a time, and to which inmates were brought handcuffed, then uncuffed through a port in the shower stall door, and then handcuffed again through the port before being brought out of the stalls by correction officers.
The Assault and Cover-Up
Shortly before noon on February 27, 2014, CALYPSO relieved another correction officer at 5 North while Inmate-1 was in the shower. Inmate-1 and CALYPSO had an extended and heated verbal exchange, during which CALYPSO picked up some personal items Inmate-1 had dropped outside the door through the port. At one point, CALYPSO stepped away from the door and spoke to a fellow correction officer one level down within the dorm area. That person left the dorm area and returned with another officer (“Officer-1”), who looked up at the shower area.
CALYPSO rear-cuffed Inmate-1 for removal and briefly looked down in the direction of the other officer. CALYPSO then opened the door to the shower stall and, within seconds, sucker-punched Inmate-1 several times in the face. He followed Inmate-1 into the shower area, where he put Inmate-1 into a headlock and punched him several more times in the head. CALYPSO then began to lose his footing, and clung to Inmate-1’s side. Officer-1 arrived in the stall at this point. As Officer-1 restrained Inmate-1, CALYPSO regained his footing and elbowed Inmate-1 repeatedly – approximately five times – in the head. As a result of the assault, Inmate-1 suffered lacerations to his face and the back of his head. The entire assault was captured on surveillance video and witnessed by multiple inmates whose cells were positioned opposite the shower area.
The New York City Department of Correction issues directives governing the circumstances under which the use of force against inmates is appropriate. Under these directives, force is to be used as a last resort, when an inmate in restraints is still dangerous to himself and others. The directives also dictate how incidents in which force is used are to be reported – on a “Use of Force” report to be filled out truthfully and promptly.
A full day after the assault, in violation of the directives, CALYPSO filled out a “Use of Force Report” form on which he was supposed to report truthfully the circumstances of that assault. Over multiple pages and numerous answer fields within the report, CALYPSO attempted to justify his conduct by lying about whether and how Inmate-1 had acted aggressively toward him and whether his violent response was necessary. He also mischaracterized and misstated portions of the assault, omitting the punches he delivered while holding Inmate-1 in a headlock and claiming that he had hit CALYPSO only in the “upper torso” area.
CALYPSO was terminated from his job as a correction officer following his criminal conviction.
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Mr. Kim praised the investigative work of the FBI. Mr. Kim also thanked the New York City Department of Investigation, the New York City Department of Correction, Investigative Division, and the Bronx District Attorney’s Office for their assistance in the investigation.
This case is being handled by the Office’s Civil Rights and Public Corruption Units. Assistant U.S. Attorneys Martin S. Bell and Tara M. La Morte are in charge of the prosecution.
Conway Chiropractors Indicted for Health Care Fraud ConspiracyRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that John Andrew Pienkos II, age 46, of Little River, and Alexander Tomovski, age 49, of Murrells Inlet, both of whom practiced in Conway, were charged in a one-count Indictment by a Grand Jury in Florence for Conspiracy to Commit Health Care Fraud, a violation of Title 18, United States Code, § 1349.
Ms. Drake stated the penalty faced by the Defendants for a violation of Title 18, United States Code, § 1349 is imprisonment for ten years, with a potential fine up to $250,000.
The Federal Bureau of Investigation and United States Postal Service investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.
The United States Attorney stated that all charges in the indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Connecticut Man Pleads Guilty to Robbery ChargesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Seth J. Blewitt, 30, of Oakville, Connecticut pleaded guilty today in U.S. District Court to bank robbery and brandishing a firearm while committing a Hobbs Act robbery. The charges arose from the robberies of a TD Bank branch and a Dollar Tree store.
Court records reveal that on May 28, 2017, the defendant robbed a TD Bank branch in Bangor. He entered the bank, approached a teller, and said, “I’m actually robbing you. I want all of your money, no dye packs or GPS trackers.” He was wearing a black knit hat, sunglasses, gloves, and a plaid shirt. The teller complied and the defendant absconded with a bag of cash.
The next day, the defendant robbed the Dollar Tree store in Bangor with a shotgun. He was wearing a mask and sunglasses and he demanded that a cashier open the register. When the cashier said that she could not open the register, he struck the register with the shotgun. The cashier yelled for the manager and the manager opened the register and gave the defendant cash. The defendant absconded with the cash. The defendant’s wife, Cara J. Blewitt, served as the getaway driver for both robberies. Officers from the Bangor Police Department arrested the defendant and his wife within minutes of the Dollar Tree robbery.
The defendant faces between seven years and life in prison, a $250,000 fine and full restitution. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. Cara M. Blewitt pleaded guilty in U.S. District Court on October 11, 2017 to aiding and abetting the robberies and awaits sentencing.
The investigation was conducted by the Bangor Police Department; the Federal Bureau of Investigation; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Colorado Man Crossing the Montana/Alberta Border Sentenced to over 12 Years in Prison for Transportation of Child PornographyRead the Press Release
GREAT FALLS – Ronald Ray Horner, 57, formerly of Walsenburg, CO, was sentenced today in federal court for transportation of child pornography. On April 6, 2017, Horner was found guilty by a jury following a two-day trial. U.S. District Court Judge Brian Morris sentenced Horner to 154 months in prison. Following his release, Horner will be subject to supervised release for 7 years. In addition, Horner is also required to forfeit his laptop computer.
In her trial brief, Assistant U.S. Attorney Cyndee Peterson stated that on March 24, 2014, Ronald Horner was travelling north on I-15 and crossed the Coutts, Alberta border crossing into Canada. Horner was sent to secondary inspection because he was acting suspiciously. During secondary inspection, Canada Border Services agents inspected a Toshiba laptop computer belonging to Horner. On the laptop were over 200 video and image files depicting child pornography. The examiner also located Horner’s search history which showed Horner purposely sought out child pornography on the laptop. The files included depictions of prepubescent children being sexually assaulted by adults.
Horner was indicted by a federal Grand Jury on May 4, 2016. His trial was originally scheduled to commence on October 17, 2016, and Horner was released on conditions pending his trial including electronic monitoring. In September 2016, Horner cut his ankle bracelet, left a suicide note and fled the United States. The United States Marshals Service located the defendant in Uruguay. Horner returned to the United States in February 2017 to stand trial.
Several Canadian law enforcement agencies investigated the case including the Southern Alberta Internet Child Exploitation Unit, Royal Canadian Mounted Police, and Canada Border Services Agency. The United States DHS-Homeland Security Investigations and United States Marshals Service assisted the Canadian authorities with the investigation including the subsequent apprehension of Horner.
Co-Conspirator Sentenced to 157 Months for Methamphetamine TraffickingRead the Press Release
Greenville, South Carolina ---- United States Attorney Beth Drake stated today that Miguel Angel Urieta-Jaimes, age 42, of Atlanta, Georgia, was sentenced in federal court in Anderson, for possession with intent to distribute methamphetamine, in violation of Title 21, United States Code, Section 841, and possession of a firearm in furtherance of drug trafficking, in violation of Title 18, United States Code, Section 924(c). United States District Judge Timothy M. Cain, of Anderson, sentenced Urieta-Jaimes to 157 months imprisonment and four years of supervised release.
Evidence presented at the change of plea hearing established that Urieta-Jaimes conspired with others throughout 2015, in Atlanta, Georgia and Anderson County, South Carolina, to distribute significant quantities of methamphetamine. Urieta-Jaimes coordinated deliveries to individuals in Anderson County and was eventually arrested, in November 2015; at the time, he was found in possession of various controlled substances, including methamphetamine, and a firearm.
The case was investigated by ICE - Homeland Security Investigations. Assistant United States Attorney D. Josev Brewer of the Greenville office handled the case.
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Citizen of Ecuador Pleads Guilty to Reentering U.S. after Being DeportedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, today announced that RODOLFO BOLIVAR TEPAN, 38, a citizen of Ecuador last residing in Danbury, pleaded guilty yesterday in Hartford federal court to one count of reentry of a removed alien.
According to court documents and statements made in court, in February 2016, TEPAN was sentenced in Danbury Superior Court to 10 years of incarceration, execution suspended, and five years of probation, for risk of injury to a minor. In October 2016, TEPAN was deported from the U.S. to Ecuador.
TEPAN illegally reentered the U.S. and, on May 12, 2017, was arrested by Danbury Police for failure to register as a sex offender. He was convicted of the offense and, on July 28, was sentenced in state court to 18 months of incarceration. TEPAN has been detained since his arrest.
The charge of illegal reentry carries a maximum term of imprisonment of 10 years. TEPAN is scheduled to be sentenced by U.S. District Judge Michael P. Shea on February 26, 2018.
This investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations. The case is being prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Charleston woman pleads guilty for selling heroin while on federal supervised releaseRead the Press Release
CHARLESTON, W.Va. – A Charleston woman who sold heroin while on federal supervised release pleaded guilty today to a drug crime, announced United States Attorney Carol Casto. Christy Stevens, 38, entered her guilty plea to distribution of heroin.
Stevens admitted that on June 7, 2017, she sold heroin to a confidential informant working with the Metropolitan Drug Enforcement Network Team. The drug deal took place at the Elm Street residence of Stevens in Charleston. Additionally, Stevens admitted to all of the charged drug trafficking activity. At the time of the drug deal, Stevens was serving a term of federal supervised release for a prior federal felony drug conviction.
Stevens faces up to 20 years in federal prison on the heroin charge when she is sentenced on March 3, 2018. Stevens also faces up to two years in prison for violating her federal supervised release. The sentences will be served consecutively.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney John J. Frail is responsible for the prosecution. Chief United States District Judge Thomas E. Johnston presided over the plea hearing.
This prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Bushland Man Sentenced on Health Care Fraud ConvictionRead the Press Release
AMARILLO, Texas — A 49-year-old man from Bushland, Texas, Thomas Roy Clark, who pleaded guilty in August 2017 to one count of health care fraud, was sentenced today by U.S. District Judge Sidney A. Fitzwater to 41 months in federal prison and ordered to pay $514,576.29 in restitution, joint and severally with his codefendant. The announcement was made today by U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
As part of the plea agreement Clark agreed to forfeit a total of $84,750.23. Judge Fitzwater ordered Clark to surrender to the Bureau of Prisons on January 9, 2018.
According to the plea agreement factual resume, from July 2012 through July 2015, Clark operated Panhandle Chiropractic Clinic (PCC) in Amarillo, Texas, without a license issued by the Texas Board of Chiropractic Examiners. Co-defendant Karen Denise Jones, 56, assisted Clark in billing insurance companies on PCC’s behalf for services properly billable only by a licensed chiropractor. They also billed for services not rendered and for services rendered in lesser quantities billed.
Clark and Jones would omit Clark’s name or national provider identifier on PCC’s itemized billing statements, which prevented insurance companies from knowing they were being billed for services provided by a chiropractor without a license. Clark and Jones also listed the specific type of procedure or service PCC provided by misrepresenting to insurance companies that the procedures being billed were performed by a licensed health care provider in good standing with their state board.
Health care providers issued approximately $524,547.89 in payments to PCC from 12 insurance companies.
The case was investigated by the Federal Bureau of Investigation and the Randall County Sheriff’s Office.
Assistant U.S. Attorney Joshua Frausto was in charge of the prosecution.
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Boston Man Pleads Guilty to Illegally Possessing FirearmsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Keon Shine, 27, of Boston, Massachusetts, pled guilty yesterday in U.S. District Court to being a felon in possession of firearms.
According to court records, on April 8, 2017, Shine and Dane Mitchell travelled to Gray, Maine, where they rented firearms, purchased ammunition, and fired the weapons at a shooting range. Boston Police Department officers identified Shine, Mitchell and the shooting range from videos that were uploaded to Snapchat. Shine was prohibited from possessing firearms as a result of his three 2011 Massachusetts felony convictions for assault and battery with a dangerous weapon.
Mitchell pled guilty to the same charge on August 30, 2017.
Both Shine and Mitchell face up to 10 years in prison and a $250,000 fine. They will be sentenced after the completion of presentence investigation reports by the U.S. Probation Office.
The case was investigated jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boston Police Department’s Youth Violence Strike Force.
Boston Gang Member Pleads Guilty to Cocaine DistributionRead the Press Release
BOSTON – An individual identified as a member of the Orchard Park Trailblazers Gang pleaded guilty today in federal court in Boston to selling crack cocaine in and around Roxbury’s Orchard Gardens Housing Development.
Raymond Gaines, a/k/a “Hops,” 38, of Boston, pleaded guilty to one count of distribution of cocaine base within 1,000 feet of a school. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Feb. 28, 2018.
On June 21, 2016, Gaines sold cocaine base to a cooperating witness near a school in Roxbury. Gaines is one of 12 defendants arrested and charged in June 2017 following a nearly two-year investigation into the high concentration of crime in and around the Orchard Gardens Development, the largest publically funded housing development in Roxbury, which is also adjacent to area schools and Dudley Square. According to court documents, the crime stems, in part, from the illegal activities of the members and associates of the Orchard Park Trailblazers, who allegedly have active feuds with rival gangs throughout the city that have produced numerous crimes of violence.
The charge of distribution of a controlled substance within 1,000 feet of a school provides for a mandatory minimum sentence of one year and no greater than 40 years in prison, a minimum of six years and up to a lifetime of supervised release and a fine of up to $2 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; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Evans made the announcement today.
Beam Bros. Trucking, Inc., Beam Bros. Holding Company and Executives Sentenced on Federal Conspiracy ChargesRead the Press Release
Harrisonburg, VIRGINIA – A Mount Crawford based trucking company that formerly hauled United States mail and it holding company, as well as four of its most senior officers, the President, Vice-President, Chief Financial Officer and Chief Operating Officer, were all sentenced this week in the United States District Court for the Western District of Virginia in Harrisonburg for conspiring to commit Federal crimes, United States Attorney Rick A. Mountcastle announced.
Beam Bros. Trucking, Inc. (Beam Trucking) and Beam Bros. Holding Corporation (Beam Holding) were jointly sentenced by the court to forfeit to the government $2,000,000 of fraudulently obtained proceeds. They were also sentenced to pay approximately $1,000,000 in restitution to drivers who were defrauded of their pay. In addition, these companies were sentenced to serve 3 years of corporate probation and to pay a fine of $250,000 to the government.
Beam Holding previously pled guilty to conspiracy to commit wire fraud in that the company knowingly and willfully defrauded its driver employees of almost $1,000,000 dollars of their pay. In specific, Beam Holding caused their driver employees to falsify their time sheets so that they would report fewer hours worked than they actually worked in direct violation of the Fair Labor Standards Act and the McNamara-O’Hara Service Contract Act.
Beam Trucking previously pled guilty to conspiracy to falsify safety records and pay records in that the company falsely reported the hours their truck driver employees worked and were on duty with intent to obstruct the government’s investigation. In specific, Beam Trucking conspired to falsify drivers’ records of duty status and their time sheets.
Beam Trucking and Beam Holding President, Gerald Wayne Beam and Vice President, Garland Crawford Beam were each sentenced to serve six months of home confinement followed by two years of supervised release. Beam Trucking Chief Operations Officer, Shaun Crawford Beam and Chief Financial Officer, Nickolas Gene Kozel were each sentenced to serve three months of home confinement followed by two years of supervised release. Each of these officers previously pled guilty to conspiring to commit an offense against the United States in that they knowingly violated the Federal Motor Carrier Safety Administration (FMCSA) highway safety regulations. The FMCSA highway safety regulations are designed to protect the driving public and truck drivers from injury or death caused by truck crashes resulting from driver fatigue.
According to evidence presented during the sentencing hearings by Assistant United States Attorneys Stephen J. Pfleger and Christopher Kavanaugh, between 1999 and 2017 the leaders of the conspiracy, Gerald Wayne Beam, Garland Crawford Beam and Shaun Crawford Beam created routes and then instructed Beam Trucking drivers to drive routes that were grossly illegal. Beam Trucking drivers were instructed to drive routes that were so long that they barely got any sleep between trips for weeks at a time over a course of years. Drivers became so fatigued that they could hardly stay awake. On a number of occasions, Beam Bros. drivers were so fatigued that they barely avoided crashes when they momentarily fell asleep while driving trucks on public highways. One driver was so fatigued that he took drugs (“Bath Salts”) every few hours to stay awake. After three months of taking drugs, the driver found during one of his trips that he could no longer physically drive a truck and had to call for a medical rescue.
The investigation of the case was conducted by Special Agents Sean Baer and Art Stevens, from the U.S. Postal Service, Office of the Inspector General, Special Agent Amanda Yarborough from the Department of Transportation-Office of the Inspector General, Special Agent Joseph Harrilla from the Department of Labor-Office of the Inspector General and Special Agent James D. Havrilla from the Internal Revenue Service-Criminal Investigations. Assistant United States Attorney Stephen J. Pfleger and Christopher Kavanaugh prosecuted the case for the United States with the assistance of legal assistants Gina Palmero, Kathleen Mensinger, Diane Fitzgerald, Susan Bentley and litigation specialist, Mary Vogt.
Bank Robber Who Shot Customer Sentenced to 18 Years in PrisonRead the Press Release
Spokane – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced today that Don Charles Owens, age 35, of Elma, Washington was sentenced by Chief United States District Judge Thomas O. Rice to 18 years in prison for Armed Bank Robbery and Discharge of a Firearm During a Crime of Violence. Owens plead guilty to these offenses on August 31, 2017.
According to information disclosed during court proceedings, Owens robbed a branch of Wells Fargo Bank in Spokane, Washington on April 28, 2016. Owens entered the bank shortly before 6:00 p.m. wearing a black ski mask and announced he was robbing the bank. Owens ordered the bank customers to the ground and demanded money from the bank’s customer service representatives, who complied with his directions. As he attempted to flee the bank, a customer moved to stop Owens and struggled with him. Owens produced a handgun and shot the customer twice. Owens then fled the bank leaving behind the black ski mask that the customer had pulled off Owens’ during the struggle.
Numerous law enforcement officers responded to the bank robbery, but found no trace of Owens. The Federal Bureau of Investigation later submitted Owens’ black ski mask to the Washington State Patrol crime laboratory for testing. A forensic scientist at the Washington State Patrol crime laboratory recovered DNA from the ski mask and matched the DNA from the ski mask to Owens’ DNA on file in a law enforcement DNA index.
Joseph H. Harrington stated: “Owens entered the bank armed with a loaded handgun and he was prepared to rob the bank at any cost with no regard for the lives and safety of the bank’s customers or employees. I commend the Spokane Police Department and the FBI for their tenacious resolve in the successful investigation of this case. The sentence that Chief Judge Rice handed down today sends a strong message that egregious conduct, like that exhibited by Owens, will not be tolerated in the Eastern District of Washington and will result in a lengthy sentence intended to punish the offender and protect the community.”
The case was investigated by the Federal Bureau of Investigation and the Spokane Police Department. The case was prosecuted by James A. Goeke, an Assistant United States Attorney for the Eastern District of Washington.
Attorney General Sessions Statement on the Verdict in People of the State of California vs. Jose Ines Garcia Zarate aka Juan Francisco Lopez SanchezRead the Press Release
“When jurisdictions choose to return criminal aliens to the streets rather than turning them over to federal immigration authorities, they put the public’s safety at risk. San Francisco’s decision to protect criminal aliens led to the preventable and heartbreaking death of Kate Steinle. While the State of California sought a murder charge for the man who caused Ms. Steinle’s death—a man who would not have been on the streets of San Francisco if the city simply honored an ICE detainer—the people ultimately convicted him of felon in possession of a firearm. The Department of Justice will continue to ensure that all jurisdictions place the safety and security of their communities above the convenience of criminal aliens. I urge the leaders of the nation’s communities to reflect on the outcome of this case and consider carefully the harm they are doing to their citizens by refusing to cooperate with federal law enforcement officers.”
Arizona United States Attorney’s Office Establishes Task Force to Combat Heroin and Opioid TraffickingRead the Press Release
PHOENIX - The U.S. Attorney’s Office for the District of Arizona has formed an Opioid Task Force to combat the serious opioid, heroin, and fentanyl crisis in Arizona. The Task Force includes include federal, state, local, and tribal law enforcement officers and prosecutors and will be managed by Phoenix Criminal Division Chief Raymond K. Woo, who has been designated as the District’s Opioid Coordinator. Criminal Chief Woo will be responsible for developing, implementing, and coordinating a robust prosecution response to this crisis. He has already assembled committees of experienced federal and state prosecutors to assist law enforcement with the prosecution of transnational criminal organizations that smuggle heroin and opioids into the United States, medical professionals who unlawfully prescribe or divert highly addictive opioids, cyber criminals who distribute heroin and illicit opioids through the darknet, and drug traffickers or persons who are criminally responsible for opioid overdose deaths.
Elizabeth A. Strange, First Assistant U.S. Attorney, stated, “It is critical that we also support our smaller law enforcement agencies and communities when addressing this horrific crisis. This epidemic affects every corner of our state, and we must join forces with our tribal and local law enforcement partners to successfully combat this crisis.”
The USAO’s Opioid Task Force was created in response to President Donald J. Trump’s designation of the opioid epidemic as a “national health emergency” and to directives from Attorney General Jefferson B. Sessions, who has made combating the opioid epidemic a top priority for the Department of Justice. Earlier this year, Attorney General Sessions formed an Opioid Fraud and Abuse Detection Unit to focus on identifying and prosecuting health care fraud related to prescription opioids and funded twelve experienced federal prosecutors to focus on these types of fraud. As Attorney General Sessions stated, “[t]he Department is determined to attack this opioid epidemic,” and this Task Force is on the forefront of that effort for Arizona.
RELEASE NUMBER: 2017-117_ Opioid_TF
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Albuquerque Man Pleads Guilty to Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Jonathan James, 44, of Albuquerque, N.M., pled guilty today in federal court to violating the Sex Offender Registration and Notification Act (SORNA).
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
James was arrested on Aug. 25, 2017, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. According to the complaint, James was convicted in Nov. 2005, of sexual abuse of a minor in Indian Country, and was sentenced to 121 months in prison. According to court documents, James violated the conditions of his supervised release after completing his prison sentence when he repeatedly failed to notify his probation officer to any change in residence or employment.
James subsequently was charged by indictment on Sept. 21, 2017, with violating SORNA by failing to update his sex offender registration in Bernalillo County, N.M., between June 2017 and Aug. 2017.
During today’s proceedings, James pled guilty to a felony information charging him with failing to update his sex offender registration between June 2017 and Aug. 2017, in Bernalillo County. James entered the guilty plea without the benefit of a plea agreement. At sentencing, James faces a maximum penalty of ten years in federal prison followed by a minimum of five years to a lifetime of supervised release. James will also be required to register as a sex offender when he completes his prison sentence pursuant to his previous sexual abuse conviction. James remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the U.S. Marshals Service and was prosecuted by Special Assistant U.S. Attorney Lucy Solimon.
Abogado de Inmigración Se Declara Culpable por Haber Cometido Delitos de Fraude y Robo de Identidad en Relación con Solicitudes de VisaRead the Press Release
Un abogado de inmigración de Indianápolis, Indiana se declaró culpable de estafar al Servicio de Ciudadanía e Inmigración de Estados Unidos (USCIS) y a más de 250 de sus clientes al presentar solicitudes de visa falsas y percibir aproximadamente $750,000 en honorarios fraudulentos.
El Fiscal General Jeff Sessions, El Fiscal General Auxiliar en funciones, Lic. John P. Cronan de la División Penal del Departamento de Justicia, y el agente especial encargado del caso, James M. Gibbons de la Oficina de Investigaciones del Servicio de Inmigración y Control de Aduanas de los Estados Unidos (ICE-HSI) en Chicago, hicieron el anuncio.
El abogado de inmigración de Indianápolis, el Lic. Joel Paul, de 45 años de edad, con domicilio en Fishers, Indiana se declaró culpable ante la Jueza de Distrito de los Estados Unidos Jane E. Magnus-Stinson del Distrito Sur de Indiana en respuesta a una querella en la que se le imputa un cargo de fraude por correo, un cargo de fraude de documentos de inmigración y un cargo de robo de identidad con agravantes en relación con un esquema para presentar las solicitudes de visa U fraudulentas. La imposición de la condena ha sido programada para principios de 2018 ante la Jueza de Distrito de los Estados Unidos Magnus-Stinson.
“Las personas que cometen fraude de inmigración socavan y abusan de nuestro sistema generoso de migración—un sistema que admite legalmente más inmigrantes que ningún otro país del mundo—y ponen en peligro nuestra seguridad pública y seguridad nacional”, dijo el Fiscal General Jeff Sessions. “El Presidente Trump les prometió a los votantes que encaminaría de nuevo a este país hacia un sistema lícito de inmigración, y este Departamento de Justicia se compromete a cumplir con esta promesa al acabar con el fraude y los abusos. No toleraremos el fraude a ningún nivel, y haremos responder ante la justicia a los que realizan actos de fraude.”
Conforme al acuerdo de declaración de culpabilidad, el Lic. Paul admitió que desde el año 2013 hasta el 2017, él presentó más de 250 solicitudes falsas de Permiso Anticipado para Ingresar como no Inmigrante en nombre de sus clientes y sin contar con el conocimiento de los mismos. Dichas solicitudes indicaban falsamente que los clientes del Lic. Paul habían sido víctimas de un delito y que habían proporcionado asistencia sustancial a las autoridades del orden público en la investigación del delito. Con aproximadamente 200 de las solicitudes falsas, el Lic. Paul presentó copias no autorizadas de una certificación que él había obtenido de la Fiscalía de los EE. UU. (USAO) para el Distrito Sur de Indiana en 2013, usando dicha certificación sin el conocimiento de la USAO para afirmar falsamente que el solicitante había proporcionado asistencia sustancial en un procesamiento penal. En total, el Lic. Paul les cobró a sus clientes aproximadamente $3,000 por solicitud.
La HSI investigó el caso y los abogados de litigios, Lic. Molly Gaston, Lic. Peter M. Nothstein y Lic. Amanda Vaughn de la Sección de Integridad Pública de la División Penal del Departamento de Justicia están procesando el caso.
Las personas que crean que hayan sido víctimas de estos delitos o que tengan información sobre estos delitos pueden contactar al Departamento de Justicia llamando al (202) 514-1412.
29 November 2017
Woman Sentenced for Robbery and Firearm Offenses in Eastern North CarolinaRead the Press Release
RALEIGH – The United States Attorney’s Office for the Eastern District of North Carolina announced that today in federal court, Chief United States District Judge James C. Dever, III sentenced KINDRA DENISE ARNOLD, 45, of Warsaw, NC to 74 months of imprisonment followed by 5 years of supervised release.
ARNOLD was named in a two-count Criminal Information filed on April 11, 2017. On May 22, 2017, ARNOLD subsequently pled guilty to one-count of Interference with Commerce by Robbery and Aiding and Abetting and one-count of Brandishing a Firearm in Furtherance of a Crime of Violence.
Between August 24, 2015, and May 15, 2016, a series of armed robberies occurred in the Eastern District of North Carolina and elsewhere. A total of seven robberies were conducted by various participants including ARNOLD. She was the driver for all seven robberies. ARNOLD drove co-conspirators to the, various stores including the U.S. Cellular Stores Beulaville, Kenansville, and Snow Hill. The Kenansville location was robbed on two separate occasions. ARNOLD pleaded guilty to the May 15, 2016 robbery.
This case was part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
The Lenoir County Sheriff’s Office, the Kenansville Police Department, the Duplin County Sheriff’s Office, the Snow Hill Police Department, the Kinston Police Department, the New Bern Police Department, and the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) conducted the criminal investigation of this case. Assistant United States Attorneys S. Katherine Burnette handled the prosecution of this case for the government.
University of Vermont Medical Center Agrees to Resolve Joint Investigation by United States Attorney’s Office and Department of Health and Human Services into Complaints of Ineffective Communication with Individuals who are DeafRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that it has resolved its investigation into complaints that UVMMC personnel failed to effectively communicate with two individuals who are deaf during medical visits. This agreement resolves the allegations that UVMMC violated the Americans with Disabilities Act (ADA) and Section 1557 of the Patient Protection and Affordable Care Act (ACA) during these encounters. The matter was jointly handled by United States Attorney’s Office and the Department of Health and Human Services (HHS).
The complaints were brought to the attention of the United States by Vermont Legal Aid. These complaints are being resolved contemporaneously with similar complaints made to the Vermont Human Rights Commission (VHRC). UVMMC, VHRC, and Vermont Legal Aid have worked collaboratively with the U.S. Attorney’s Office and HHS to resolve the issues raised by the complaints.
“Being able to communicate effectively with medical providers is fundamental to meaningfully accessing health care,” said U.S. Attorney Christina E. Nolan. “This resolution agreement demonstrates our office’s commitment to protecting the civil rights of all Vermonters and visitors to our state, including those who are deaf or hard of hearing.”
“We strive to provide all of our patients with the highest quality of care, but unfortunately we did not meet that goal in these cases,” said Eileen Whalen, RN, MHA, president and chief operating officer of the University of Vermont Medical Center. “We have taken many steps to strengthen our interpreter services including hiring an Interpreter Services Coordinator, educating staff on the resources we have and how to use them, and upgrading our remote interpretation technology. We’ll continue to seek out opportunities to strengthen our services and policies regarding the treatment of Deaf patients, and maintain the involvement of our patient and family advisors who have provided valuable guidance in this area.”
Pursuant to the resolution agreement, UVMMC will timely provide qualified interpreters when necessary to ensure effective communication with patients and companions; institute a grievance procedure; provide comprehensive training to its personnel on effective communication; and designate a program administrator to coordinate access to auxiliary aids and services 24/7. For approximately two years, UVMMC will provide the United States with reports documenting its compliance with the agreement.
Assistant United States Attorneys Nikolas P. Kerest and Jules Torti jointly handled this matter for the United States Attorney’s Office for the District of Vermont. Erika Smart, Assistant General Counsel for UVMMC, handled this matter on behalf of UVMMC.
For more information on the ADA, visit http://www.ada.gov or call the Justice Department’s toll-free ADA information Line at contact the ADA Information Line at 800-514-0301 (voice) 800-514-0383 (TTY).
US Extradites Former Salvadoran Military Officer to Spain to Face Charges for Participation in 1989 Jesuit MassacreRead the Press Release
The United States today extradited Inocente Orlando Montano Morales, a former colonel in the Salvadoran army, to stand trial in Spain for charges related to the murder of five Spanish Jesuit priests in El Salvador in 1989. This is one of the first top-ranking Salvadoran commanders to face criminal prosecution.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Robert J. Higdon Jr. of the Eastern District of North Carolina, Acting U.S. Attorney William D. Weinreb for the District of Massachusetts, and Deputy Director Thomas D. Homan of U.S. Immigration and Customs Enforcement (ICE) made the announcement.
Inocente Orlando Montano Morales, 74, formerly of Everett, Massachusetts, and 19 other former Salvadoran military officials were indicted in Spain for the 1989 murders of five Spanish Jesuit priests during the 10-year Salvadoran civil conflict. An arrest warrant for Montano was issued in March 2011 by a Spanish magistrate judge.
“Criminals and those lawfully charged with criminal offenses overseas should not be able to find safe haven in the United States,” said Acting Assistant Attorney General Cronan. “Today’s extradition demonstrates our firm commitment to honoring our obligations under extradition treaties. As a result, an alleged human-rights violator will now face justice in Spain.”
“This extradition, and the investigation and prosecution that preceded it, marks the culmination of longstanding and significant collaboration among HSI Boston, ICE’s Human Rights Violators and War Crimes Center, the U.S. Attorney’s Offices in Boston and Raleigh, and DOJ’s Office of International Affairs,” said ICE Deputy Director Homan. “We are grateful for the support of our law enforcement partners, DOJ, and our Department of State colleagues to ensure that Montano will face justice in Spain for his crimes and will not find safe haven in the United States.”
In response to the government of Spain’s request pursuant to the extradition treaty between the United States and Spain, the U.S. Department of Justice filed a complaint in the U.S. District Court for the Eastern District of North Carolina in April 2015 seeking Montano’s extradition to Spain. According to the complaint, between 1980 and 1991, El Salvador was engulfed in a civil conflict between the military-led government and the Farabundo Martí National Liberation Front (FMLN). During this conflict, in the early morning hours of Nov. 16, 1989, members of the Salvadoran military allegedly murdered six Jesuit priests, their housekeeper, and the housekeeper’s 16-year old daughter at the Universidad Centroamericana. Five of the Jesuit priests were Spanish nationals, and the remaining victims were from El Salvador.
At the time, Montano was a colonel in the Salvadoran army, and he also served as Vice Minister of Defense and Public Safety. The complaint alleges that he shared oversight responsibility over a government radio station that, days before the massacre, issued threats urging the murder of the Jesuit priests. The day before the murders, Montano also allegedly participated in a series of meetings during which one of his fellow officers gave the order to kill the leader of the Jesuits and leave no witnesses. The following day, members of the Salvadoran army allegedly executed the six priests, their housekeeper, and the housekeeper’s daughter.
On Feb. 4, 2016, a U.S. magistrate judge in the Eastern District of North Carolina ruled that Montano could be extradited to Spain to stand trial for charges stemming from his participation in the murder of the five Spanish Jesuit priests. In August 2017, the federal district court in the Eastern District of North Carolina dismissed Montano’s habeas corpus petition challenging the magistrate judge’s ruling. Montano unsuccessfully sought a stay of his extradition in the Eastern District of North Carolina, the U.S. Court of Appeals for the Fourth Circuit, and the U.S. Supreme Court. On Oct. 20, the U.S. Department of State issued an order granting Montano’s surrender to Spain.
Montano’s extradition follows his 21-month federal prison sentence in the United States for his 2013 conviction in the District of Massachusetts for immigration fraud and perjury in connection with false statements that he made to immigration authorities to remain in the United States. Montano served his prison sentence in North Carolina, which is where his extradition proceedings took place.
His criminal conviction stemmed from false statements Montano made to obtain Temporary Protective Status (TPS), a benefit available to foreign nationals, permitting them to remain in the United States if they are unable to safely return to their home country because of ongoing armed conflict, the temporary effects of an environmental disaster, or other extraordinary and temporary conditions. In 2002, Montano was present in the United States and, on several occasions thereafter, applied for and obtained TPS. On his applications, Montano falsified the date on which he entered the country because he knew that if he stated the actual date, he would have been ineligible for TPS.
The allegations contained in the Spanish extradition request are merely accusations, and any finding of guilt or innocence will be made by Spanish courts.
The criminal investigation in the United States was conducted by ICE’s Homeland Security Investigations with support from the Human Rights Violators and War Crimes Center. The extradition proceedings were handled by attorneys from the U.S. Attorney’s Office for the Eastern District of North Carolina, the District of Massachusetts, and the Office of International Affairs.
U.S. Attorney's Office and DEA Launch Opioid Abuse Prevention Public Awareness CampaignRead the Press Release
BOSTON – Acting United States Attorney William D. Weinreb spoke with members of the media today about Monday’s launch of a state-wide opioid abuse prevention campaign. The initiative, which is co-sponsored by the Drug Enforcement Administration’s New England Field Division, seeks to inform the public and spur conversation about the dangers and consequences of abusing, selling and sharing prescription opioids, which has had a devastating impact on families and communities in Massachusetts.
“The goal of this campaign is to remind people about the dangers of abusing, selling and sharing opioids, including prescription pain pills. Misusing prescription drugs is risky and illegal. We must do more to deter people from misusing opioids, and we hope that increasing awareness will help people make better choices – to resist the risk,” said Acting U.S. Attorney William D. Weinreb.
“The DEA believes that a critical component to its role as the nation’s lead drug law enforcement agency is reducing the demand for drugs,” said Drug Enforcement Administration Special Agent in Charge Michael J. Ferguson. “Opioid abuse is rampant in Massachusetts and throughout New England and many times the abuse of prescription opioids is a gateway to heroin and fentanyl addiction. DEA is proud to collaborate with the U.S. Attorney’s Office on this campaign to encourage conversation and raise awareness about the dangers and consequences associated with the abuse of opioids.”
Dubbed #ResistTheRisk, the initiative will blend a multi-media strategy, including the use of print designs - four of which launched Monday on the MBTA’s red and orange subway lines and various MBTA buses, as well as on buses operated by the Southeastern Regional Transit Authority and the Greater Attleboro Taunton Regional Transit Authority. Additionally, as a part of the campaign, the U.S. Attorney’s Office will engage in direct outreach with youth which will be customized to specific needs and requests. The campaign, which will also involve the use of online marketing, will roll out in stages over the next few months.
The campaign messages focus on a range of audiences, from teens, to parents, to caregivers. All are consistent in their goal of arming individuals to make informed decisions and to inspire further discussion about the opioid crisis.
For more information about the campaign, please visit www.justice.gov/usao-ma/ResistTheRisk.
U.S. Attorney Powell applauds Attorney General Sessions and Acting DEA Administrator Patterson announcement about opioid crisisRead the Press Release
WHEELING – U.S. Attorney Bill Powell is applauding the Attorney General’s commitment to the opioid epidemic.
“Today’s announcement shows a true dedication to battling the opioid epidemic. It’s imperative that we continue to get the drugs off our streets, educate children about their deadly effects, and work together to lessen the long-reaching effects of addiction. The new DEA Field office in Kentucky consolidates the Appalachian region and allows for an even more focused effort from the DEA, our drug task forces, and our office. Opioids have taken enough from our state. We must take our communities back,” said U.S. Attorney Powell.
Attorney General Sessions today announced new resources and stepped up efforts to address the drug and opioid crisis.Joined by Acting DEA Administrator Robert Patterson, Attorney General Sessions announced the following efforts during a press conference at the Department of Justice: over $12 million in grant funding to assist law enforcement in combating illegal manufacturing and distribution of methamphetamine, heroin, and prescription opioids; the establishment of a new DEA Field Division in Louisville, Kentucky, which will include Kentucky, Tennessee, and West Virginia, a move meant to better align DEA enforcement efforts within the Appalachian mountain region; and a directive to all U.S. Attorneys to designate an Opioid Coordinator to work closely with prosecutors, and with other federal, state, tribal, and local law enforcement to coordinate and optimize federal opioid prosecutions in every district.
“Today we are facing the worst drug crisis in American history, with one American dying of a drug overdose every nine minutes,” said Attorney General Jeff Sessions. “That’s why, under President Trump’s strong leadership, the Department of Justice has been taking action to make our drug law enforcement efforts more effective. Today we announce three new initiatives to do just that. First, we will invest $12 million in funding for our state and local law enforcement partners to take heroin and methamphetamine off of our streets. Second, we will restructure DEA's Field Divisions for the first time in nearly 20 years. Third, we will require all of our federal prosecutors' offices to designate an Opioid Coordinator who will customize our anti-opioid strategy in every district in America. These steps will make our law enforcement efforts smarter and more effective—and ultimately they will save American lives."
“DEA continually looks for ways to improve operations and interagency cooperation and more efficiently leverage resources,” said Acting DEA Administrator Robert W. Patterson. “By creating a new division in the region, this restructuring places DEA in lockstep with our partners in the area to do just that. This change will produce more effective investigations on heroin, fentanyl, and prescription opioid trafficking, all of which have a significant impact on the region.”
COPS Anti-Heroin Task Force Grants and Anti-Meth Program
The Community Oriented Policing Services (COPS) Office is awarding a total of $7.19 million in FY 2017 funding through the Anti-Heroin Task Force Program (AHTF). AHTF provides two years of funding directly to law enforcement agencies in states with high per capita levels of primary treatment admissions for heroin and other opioids. This funding will support the location or investigation of illicit activities related to the distribution of heroin or the unlawful distribution of prescription opioids.
The COPS Office will also award a total of $5.03 million in FY 2017 funding through the COPS Anti-Methamphetamine Program (CAMP). The state agencies receiving funding today have demonstrated numerous seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures. State agencies will be awarded two years of funding through CAMP to support the investigation of illicit activities related to the manufacture and distribution of methamphetamine.
The complete list of Anti-Heroin Task Force Program (AHTF) award recipients, including funding amounts, can be found here.
The complete list of COPS Anti-Methamphetamine Program (CAMP) award recipients, including funding amounts, can be found here.
Establishment of DEA Louisville Field Division
The DEA will establish the Louisville Field Division – its 22nd division office in the United States – on Jan. 1, 2018. It will include Kentucky, Tennessee, and West Virginia. This action converts the existing Louisville District Office into a field division in an effort to enhance DEA enforcement efforts within the Appalachian mountain region and unify drug trafficking investigations under a single Special Agent in Charge. DEA anticipates that this change will produce more effective investigations on heroin, fentanyl and prescription opioid trafficking, all of which have a significant impact on the region. The division will also better align DEA with the U.S. Attorney’s Office districts in those areas, similar to current ATF and FBI offices, and also to the Appalachia High Intensity Drug Trafficking Areas (HIDTA) Program.
The Louisville Division will be led by Special Agent in Charge D. Christopher Evans, who comes from the Detroit Field Division where he served as Associate Special Agent in Charge.
Designation of Opioid Coordinators
Every U.S. Attorney will designate an Opioid Coordinator by the close of business on Dec. 15, 2017. Each USAO Opioid Coordinator will be responsible for facilitating intake of cases involving prescription opioids, heroin, and fentanyl; convening a task force of federal, state, local, and tribal law enforcement to identify opioid cases for federal prosecution, facilitate interdiction efforts, and tailor their district’s response to the needs of the community it serves; providing legal advice and training to AUSAs regarding the prosecution of opioid offenses; maintaining statistics on the opioid prosecutions in the district; and developing and continually evaluating the effectiveness of the office’s strategy to combat the opioid epidemic.
The Attorney General’s memo to United States Attorneys can be viewed here.
U.S Extradites Former Salvadoran Military Officer to Spain to Face Charges for Participation in 1989 Jesuit MassacreRead the Press Release
WASHINGTON – The United States today extradited Inocente Orlando Montano Morales, a former colonel in the Salvadoran army, to stand trial in Spain for charges related to the murder of five Spanish Jesuit priests in El Salvador in 1989. This is one of the first top-ranking Salvadoran commanders to face criminal prosecution.
Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, U.S. Attorney Robert J. Higdon Jr. of the Eastern District of North Carolina, Acting U.S. Attorney William D. Weinreb for the District of Massachusetts, and Deputy Director Thomas D. Homan of U.S. Immigration and Customs Enforcement (ICE) made the announcement.
Inocente Orlando Montano Morales, 74, formerly of Everett, Massachusetts, and 19 other former Salvadoran military officials were indicted in Spain for the 1989 murders of five Spanish Jesuit priests during the 10-year Salvadoran civil conflict. An arrest warrant for Montano was issued in March 2011 by a Spanish magistrate judge.
“Criminals and those lawfully charged with criminal offenses overseas should not be able to find safe haven in the United States,” said Acting Assistant Attorney General Cronan. “Today’s extradition demonstrates our firm commitment to honoring our obligations under extradition treaties. As a result, an alleged human-rights violator will now face justice in Spain.”
“This extradition, and the investigation and prosecution that preceded it, marks the culmination of longstanding and significant collaboration among HSI Boston, ICE’s Human Rights Violators and War Crimes Center, the U.S. Attorney’s Offices in Boston and Raleigh, and DOJ’s Office of International Affairs,” said ICE Deputy Director Homan. “We are grateful for the support of our law enforcement partners, DOJ, and our Department of State colleagues to ensure that Montano will face justice in Spain for his crimes and will not find safe haven in the United States.”
In response to the government of Spain’s request pursuant to the extradition treaty between the United States and Spain, the U.S. Department of Justice filed a complaint in the U.S. District Court for the Eastern District of North Carolina in April 2015 seeking Montano’s extradition to Spain. According to the complaint, between 1980 and 1991, El Salvador was engulfed in a civil conflict between the military-led government and the Farabundo Martí National Liberation Front (FMLN). During this conflict, in the early morning hours of Nov. 16, 1989, members of the Salvadoran military allegedly murdered six Jesuit priests, their housekeeper, and the housekeeper’s 16-year old daughter at the Universidad Centroamericana. Five of the Jesuit priests were Spanish nationals, and the remaining victims were from El Salvador.
At the time, Montano was a colonel in the Salvadoran army, and he also served as Vice Minister of Defense and Public Safety. The complaint alleges that he shared oversight responsibility over a government radio station that, days before the massacre, issued threats urging the murder of the Jesuit priests. The day before the murders, Montano also allegedly participated in a series of meetings during which one of his fellow officers gave the order to kill the leader of the Jesuits and leave no witnesses. The following day, members of the Salvadoran army allegedly executed the six priests, their housekeeper, and the housekeeper’s daughter.
On Feb. 4, 2016, a U.S. magistrate judge in the Eastern District of North Carolina ruled that Montano could be extradited to Spain to stand trial for charges stemming from his participation in the murder of the five Spanish Jesuit priests. In August 2017, the federal district court in the Eastern District of North Carolina dismissed Montano’s habeas corpus petition challenging the magistrate judge’s ruling. Montano unsuccessfully sought a stay of his extradition in the Eastern District of North Carolina, the U.S. Court of Appeals for the Fourth Circuit, and the U.S. Supreme Court. On Oct. 20, the U.S. Department of State issued an order granting Montano’s surrender to Spain.
Montano’s extradition follows his 21-month federal prison sentence in the United States for his 2013 conviction in the District of Massachusetts for immigration fraud and perjury in connection with false statements that he made to immigration authorities to remain in the United States. Montano served his prison sentence in North Carolina, which is where his extradition proceedings took place.
His criminal conviction stemmed from false statements Montano made to obtain Temporary Protective Status (TPS), a benefit available to foreign nationals, permitting them to remain in the United States if they are unable to safely return to their home country because of ongoing armed conflict, the temporary effects of an environmental disaster, or other extraordinary and temporary conditions. In 2002, Montano was present in the United States and, on several occasions thereafter, applied for and obtained TPS. On his applications, Montano falsified the date on which he entered the country because he knew that if he stated the actual date, he would have been ineligible for TPS.
The allegations contained in the Spanish extradition request are merely accusations, and any finding of guilt or innocence will be made by Spanish courts.
The criminal investigation in the United States was conducted by ICE’s Homeland Security Investigations with support from the Human Rights Violators and War Crimes Center. The extradition proceedings were handled by attorneys from the U.S. Attorney’s Office for the Eastern District of North Carolina, the District of Massachusetts, and the Office of International Affairs.
Two Eagle Butte Individuals Indicted on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that two Eagle Butte, South Dakota, individuals have been indicted by a federal grand jury for conspiracy to distribute a controlled substance and distribution of a controlled substance (methamphetamine).
Nolan Clown, age 32, and Misti Traversie, age 36, were indicted on November 14, 2017. They appeared before U.S. Magistrate Judge Mark A. Moreno on November 21, 2017 and both pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between August 24, 2016, and November 14, 2017, Clown and Traversie knowingly and intentionally combined, conspired, confederated and agreed with other persons to knowingly and intentionally distribute and to possess with the intent to distribute methamphetamine. The Indictment further alleges that Clown and Traversie actually distributed methamphetamine to another individual on August 24 and September 8, 2016.
The charges are merely accusations and Clown and Traversie are presumed innocent until and unless proven guilty.
This case is being investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division, the Federal Bureau of Investigation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Clown and Traversie were both released on conditions pending trial. A trial date has not been set.
Two Brooklyn Men Charged in Violent Extortion SchemeRead the Press Release
A criminal complaint was unsealed today in federal court in the Eastern District of New York charging Ruslan Reizin and Mark Krivoi with extortion conspiracy. The charges stem from the defendants’ alleged extortion and violent assault of a teenage victim who started an awning-cleaning business in Brooklyn that competed with a similar business operated by Reizin. Reizin was arrested last night and Krivoi was arrested earlier today and will make their initial appearances this afternoon before United States Chief Magistrate Judge Roanne L. Mann.
Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Leon Hayward, Acting Director, New York Field Office, U.S. Customs and Border Protection (CBP), and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the charges.
“As alleged, the defendants sought to eliminate a business competitor by beating and intimidating him; they also lined their pockets with thousands of dollars in extortionate payments,” stated Acting United States Attorney Rohde. “This is no way to ensure a competitive edge. We will not abide this method of trying to assure a competitive edge.”
“This case illustrates a text book extortion, the suspects allegedly threatening violence because the victim decided to open his own business,” stated FBI Assistant Director-in-Charge Sweeney. “Our country thrives on a free market, and the ability of people to go out and start their own company is part of the American dream. The FBI and our law enforcement partners will always pursue those who think to bully others into submission, and threaten free commerce.”
“U.S. Customs and Border Protection is proud of the expertise we provide in support of investigations that result in the takedown of criminal enterprises,” said CBP Acting Director Hayward. “It is through interagency partnerships and collaborative efforts, like the one leading to today’s arrests, that law enforcement successfully combats today’s criminal organizations.”
According to the criminal complaint and other court filings, in May 2017, Reizin learned that the victim—who formerly worked for Reizin’s awning-cleaning company—had started a similar business in Brooklyn. Reizin and Krivoi brought the victim to a secluded location in Sheepshead Bay where Reizin allegedly grabbed the victim by the throat, brandished a knife and gave him the choice of having his ear cut off or his throat slashed. Krivoi allegedly suggested that they should kill the victim. Reizin then demanded that the victim shut down his business and pay $10,000 to Reizin and a local motorcycle club to which Reizin belongs, and which Reizin claimed supported the extortion. When the victim replied that he could not afford to pay, Reizin instructed Krivoi to hit the victim, which Krivoi did, repeatedly. Reizin then offered the victim a “discount,” requiring him to pay $5,000 in monthly installments. Reizin also told the victim that he and his family would suffer if the victim reported the assault to law enforcement. Over the next several months, the victim made regular payments to Reizin. During that period, in a recorded call with the victim, Reizin spoke about “cut[ting] out” the ear of one of the victim’s family members and “forc[ing him] to chew and swallow it.”
The charges contained in the complaint are merely allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted, the defendants face up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s Organized Crime and Gangs Section. Assistant United States Attorneys Andrey Spektor and Matthew J. Jacobs are in charge of the prosecution.
The Defendants:
RUSLAN REIZIN
Age: 50
Brooklyn, New YorkMARK KRIVOI
Age: 54
Brooklyn, New YorkE.D.N.Y. Docket No. 17-MJ-1013
Tuscaloosa Man Sentenced to 20 Years in Prison for Hostage-Taking Bank RobberyRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Tuscaloosa man to 20 years in prison for the January robbery and hostage-taking at a Tuscaloosa credit union, announced U.S. Attorney Jay Town and FBI Special Agent in Charge Johnnie Sharp Jr.
CEDRICK LAMAR COLLINS, 19, pleaded guilty in August to one count of robbing a federally insured bank, the Alabama Credit Union, and to one count of taking hostages during the commission of the bank robbery. U.S. District Court Judge L. Scott Coogler sentenced Collins and ordered him to serve five years of supervised release following his prison term.
“This defendant threatened and endangered the lives of 10 people as he put them between himself and armed police,” Town said. “The SWAT teams from the Tuscaloosa Police and Tuscaloosa Sheriff’s departments did a superb job of stopping the bank robbery, arresting the robber, and recovering all the hostages unharmed.”
“Thanks to the outstanding efforts of the Tuscaloosa Sheriff’s Office and the Tuscaloosa Police Department, this potentially deadly situation was resolved without injury,” Sharp said. “The sentence handed down today will give Collins plenty of time to reflect on his dangerous actions.”
One of the bank employees taken hostage during the robbery testified at today’s hearing about how Collins put them all in fear for their lives. During the ordeal, Collins moved the hostages throughout the building, brandishing his gun and, at one point, holding it to her head, she testified.
Collins robbed the Alabama Credit Union on Jan. 17. According to court records, the University of Alabama Police Department received a call concerning suspicious activity at the credit union. As SWAT teams from the Tuscaloosa Police Department and Tuscaloosa Sheriff’s Department arrived on the scene, Collins had taken a number of bank employees hostage after demanding money. Officers attempted to enter the bank and encountered Collins in the stairwell with a hostage in front of him. Collins threatened to start shooting unless law enforcement moved back. Officers later entered the bank and safely secured Collins, without any hostages being injured. The handgun Collins held was found to be a BB gun.
The FBI investigated the case, which Assistant U.S. Attorney Brad Felton prosecuted.
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Texas Mexican Mafia Member Sentenced to Federal Prison for Role in Death of Balcones Heights Police Officer Julian PesinaRead the Press Release
In San Antonio today, United States District Judge Xavier Rodriguez sentenced former Texas Mexican Mafia (TMM) Sergeant Jerry Idrogo to 20 years in federal prison followed by five years of supervised release for his role in the murder of Balcones Heights Police Officer Julian Pesina in 2014.
United States Attorney Richard L. Durbin, Jr.; Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division; Texas Department of Public Safety Director Steve McCraw; and, San Antonio Police Chief William McManus made that announcement this afternoon.
On August 11, 2016, Idrogo, age 37, pleaded guilty to a racketeering conspiracy charge that included Pesina’s murder. Another TMM member, Ruben Reyes, previously pleaded guilty to similar charges that included this murder and four others. Reyes is currently serving five consecutive life-imprisonment sentences. Earlier this month, a federal jury convicted two other TMM members, 29-year-old Jesse Santibanez and 36-year-old Alfredo Cardona of one count of murder in aid of racketeering and one count of discharging a firearm during a murder in aid of racketeering.
Evidence presented during trial revealed that acting upon an order by Reyes, Santibanez and Cardona murdered Pesina on May 4, 2014, in front of his business, the Notorious Ink Tattoo and Piercing Studio, located on Hillcrest Drive.
Testimony during trial revealed that Pesina had claimed membership in the TMM, was selling narcotics and paying the “dime” (the 10% street tax) to the TMM, when the TMM learned that Pesina was a Balcones Heights Police Officer. On May 4, 2014, Idrogo contacted Pesina and arranged for pickup of the “dime” outside of Pesina’s tattoo shop. Just before meeting Pesina, Idrogo dropped off Santibanez and Cardona on the side of the building. Once Pesina walked up to the car and handed Idrogo the “dime” payment money, Santibanez and Cardona came around the corner and shot and killed Pesina.
All of the defendants remain in federal custody. Santibanez and Cardona each face a minimum mandatory sentence of life in federal prison. Sentencing is scheduled for February 8, 2018, before Judge Rodriguez.
The FBI together with the Texas Department of Public Safety, the San Antonio Police Department and the Bexar County Sheriff’s Office investigated this case.
Syracuse Man Arrested, Charged with Threatening Death Against A New York Congressman and His FamilyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Patrick D. Angelo, 28, of Syracuse, NY, was arrested and charged by criminal complaint with interstate communication of a threat, and threatening a federal official. The charges carry a maximum penalty of 10 years in prison, a $250,000 fine, or both.
According to Assistant U.S. Attorney Craig R. Gestring of the U.S. Attorney’s Office for the Western District of New York in Rochester, the criminal complaint alleges that on Thursday, October 19, 2017, the Washington D.C. office of New York Congressman John Katko received a threatening voice mail that included a death threat to the Congressman and his family.
The message stated: “Listen Mr. Katko, if you support net neutrality, I will support you. But if you don’t support net neutrality, I will find you and your family and I will kill…you…all. Do you understand?” The message continued: “I will literally find all…of…you and your progeny and t- just wipe you from the face of the earth. Net neutrality is more important than the defense of the United States. Net neutrality is more important than free speech. Net neutrality is more important than health care. Net neutrality is literally the basis of the new society. That even if you don’t understand, how important it is, net neutrality is literally the basis of the new…free…society. So if you don’t support it, I am willing to lay down my li- (recording ends).”
Congressman Katko’s office reported the voicemail to the United States Capitol Police, Threat Assessment Section, which began an investigation in coordination with the Federal Bureau of Investigation. The telephone number that the call originated from traced back to the defendant.
“While citizens are certainly entitled to communicate their views on issues of importance to them to their elected officials, there are and must be bounds to the manner in which such views may be expressed, said U.S. Attorney Kennedy. “We will respond aggressively to those who overstep those bounds and seek to influence the making of Federal policies and legislation by making threats to the lives of those entrusted with such tasks and their families.”
As a result of the threat, security surrounding Congressman Katko was increased. Since Congressman Katko formerly served as an Assistant U.S. Attorney in the Northern District of New York, that Office was recused, and the case is being prosecuted by the United States Attorney’s Office for the Western District of New York.
Angelo made an initial appearance this afternoon before U.S. Magistrate Judge Therese Wiley Dancks and is being held pending a detention hearing on December 1, 2017 at 2:00 p.m.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Vadim Thomas, Special Agent-in-Charge, Albany Office, the New York State Police, under the Major Philip T. Rougeux, and the United States Capitol Police, under the direction of Matthew R. Verderosa.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
St. Joseph Man Sentenced for Child PornographyRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a St. Joseph, Mo., man was sentenced in federal court today for attempting to distribute child pornography over the Internet.
Jesse James Gaudette, 40, of St. Joseph, was sentenced by U.S. District Judge Brian C. Wimes to seven years and six months in federal prison without parole. The court also sentenced Gaudette to 10 years of supervised release following incarceration.
On June 6, 2017, Gaudette pleaded guilty to attempting to distribute child pornography over the Internet.
An undercover law enforcement officer in New Haven, Conn., identified Gaudette’s computer utilizing a peer-to-peer file-sharing network. The officer, working undercover, observed Gaudette sharing videos and images of child pornography. According to court documents, officers downloaded at least 109 movie files from Gaudette’s computer on three separate occasions, including movies that were particularly graphic and involved child victims who were very young.
Federal agents executed a search warrant at Gaudette’s residence and seized electronic media. The examination of Gaudette’s electronic media established that Gaudette had no less than 50 videos containing child pornography.
This case was prosecuted by Assistant U.S. Attorney Catherine A. Connelly. It was investigated by the FBI.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."
Springfield Man Sentenced to 40 Years for Sexual Exploitation of a MinorRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., man was sentenced in federal court today for enticing a minor to engage in illicit sexual activity and producing child pornography.
Michael William Brooks, Sr., 45, of Springfield, was sentenced by U.S. District Judge Beth Phillips to 40 years in federal prison without parole.
On March 15, 2017, Brooks pleaded guilty to one count of enticing a minor for the purpose of producing child pornography and one count of enticing a minor to engage in illicit sexual activity.
Law enforcement officers were notified of an emergency hotline call in December 2015 that reported Brooks was sexually abusing a 15-year-old victim, identified in court documents as “Jane Doe.” Investigators examined Brooks’s phone in January 2016 and found multiple pornographic images of Jane Doe. More than 200 text messages between Brooks and Jane Doe also were located, in which Brooks discussed having sexual intercourse with Jane Doe.
Brooks admitted that he had sexual intercourse with Jane Doe beginning in August 2015. Brooks also admitted he took the sexually explicit pictures of Jane Doe using his cell phone.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI, the Lawrence County, Mo., Sheriff’s Department, and the Springfield, Mo., Police Department.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."
Springfield Man Sentenced for Illegal Firearm Following High-speed Motorcycle ChaseRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., man who led officers on a high-speed pursuit on a stolen motorcycle at speeds up to 125 miles per hour across three counties was sentenced in federal court today for illegally possessing a firearm.
Matthew Levi Woodward, 39, of Springfield, was sentenced by U.S. District Judge Beth Phillips to seven years and two months in federal prison without parole.
On Sept. 6, 2017, Woodward pleaded guilty to being a felon in possession of a firearm. Woodward admitted that he was in possession of a Heritage Rough Ride .22-caliber magnum revolver with an obliterated serial number when he was arrested on Dec. 1, 2016.
A Billlings, Mo., police officer observed Woodward traveling 72 miles per hour in a 45-miles-per-hour zone at approximately 12:28 a.m. on Dec. 1, 2016. The officer attempted to stop the motorcycle, but Woodward increased his speed and began driving erratically in an attempt to elude the officer. The motorcycle was traveling at speeds in excess of 100 miles per hour. As the motorcycle entered a different jurisdiction, additional law enforcement officers joined in the pursuit. As the motorcycle traveled through Lawrence County, Mo., Woodward operated the motorcycle at speeds between 114 and 125 miles per hour. Law enforcement officers also observed the motorcycle drive into opposite lanes of traffic and make several dangerous passes while eluding officers.
Lawrence County deputies discontinued their pursuit at the Barry County, Mo., line, where Barry County deputies picked up the pursuit. A sheriff’s deputy observed the motorcycle attempt to elude him and travel at speeds between 110 and 115 miles per hour. The sheriff’s deputy pursued the motorcycle into Newton County and as they approached the Granby, Mo., city limits, the motorcycle appeared to have engine problems.
When the motorcycle came to a stop, Woodward was arrested. He was carrying the firearm in a holster on his left hip. The motorcycle had been reported as stolen a few days earlier in Republic, Mo.
According to court documents, Woodward’s high-speed pursuit and his illegal possession of a firearm on Dec. 1, 2016, occurred approximately three weeks after his illegal possession of another firearm in Greene County, Mo. In that incident, Greene County sheriff’s deputies were dispatched to a report of a suspicious vehicle that was parked on private property. Deputies contacted the property owner and were told that the owner had no knowledge regarding the vehicle, but since it was on his property, law enforcement had his permission to check the vehicle. Woodward was inside the truck; because he had difficult standing and speaking and did not know his name, he was transported by ambulance. Woodward had been released on state parole six weeks earlier.
Deputies searched the truck and found a Smith and Wesson .38-caliber revolver, a box of ammunition, a baggie of methamphetamine, drug paraphernalia and burglary tools in the truck. Deputies learned that the VIN for the truck did not match the license plate that appeared on the vehicle that had been reported stolen with the Springfield, Mo., Police Department.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Woodward has repeated convictions for theft, criminal damage to property, numerous narcotics offenses, resisting arrest, domestic assault, burglary, tampering with a vehicle and driving while intoxicated. Between the ages of 18 and 38, Woodward has been convicted 13 different times for 17 different felony and misdemeanor offenses. Woodward’s prior probations or paroles have been revoked on approximately 12 occasions due to new criminal offenses.
This case was prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Billings, Mo., Police Department, the Greene County, Mo., Sheriff’s Department and the Barry County, Mo., Sheriff’s Department.