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Friday 13 October 2017
Former Navy Comptroller Sentenced for Accepting Illegal GratuitiesRead the Press Release
NORFOLK, Va. – A former comptroller for the Norfolk Ship Support Activity (NSSA) was sentenced today to 40 months in prison for conspiracy to receive gratuities by a public official.
According to court documents, William R. Hutsenpiller, 57, of Mount Dora, Florida, oversaw the $200 million operating budget for the NSSA while serving as the civilian GS-15 Financial Department Head/Comptroller from October 2009 through November 2013. During this time, Hutsenpiller conspired with others to essentially force a government prime contractor to use a specified subcontractor—Global Services Corporation, based in Fayetteville, North Carolina—that he knew would collaborate with him to misuse government funds. As part of the scheme, Hutsenpiller directed the prime contractor to pass government funds to Global, a defense subcontractor, and in turn, Hutsenpiller directed Global to withhold unexpended funds that should have been returned to the government or to the prime contractor.
From 2010 through 2014, Hutsenpiller made numerous requests that Global provide him with various items of value and services for his personal use, which Global agreed to purchase with government funds. The gratuities that Global provided to Hutsenpiller included a variety of personal electronic items and accessories for Hutsenpiller and his family, such as cell phone service and accessories, multiple iPads, a computer, home thermostat, and streaming television boxes.
On April 10, 2017, Hutsenpiller pleaded guilty to receiving $35,870.69 in gratuities from Global Services Corp. As part of today’s sentencing, Hutsenpiller was ordered to pay a Restitution Judgment of $35,870.60, and to pay a forfeiture amount of $35,000.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, Robert E. Craig, Special Agent in Charge for the Defense Criminal Investigative Service’s (DCIS) Mid-Atlantic Field Office, Cliff Everton, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Norfolk Field Office, made the announcement after sentencing by the U.S. District Judge Rebecca B. Smith. Assistant U.S. Attorneys Alan Salsbury and Stephen Haynie prosecuted the case.
The Defense Contract Audit Agency (DCAA) provided significant assistance with this case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:17-cr-43.
Final Defendant Sentenced in Crack Distribution ConspiracyRead the Press Release
ALEXANDRIA, Va. – The sixth and final defendant in a multi-state crack cocaine and firearms distribution investigation was sentenced today to nearly 14 years in prison for his role in the conspiracy. As part of this case, ATF Agents and the Prince William County Police seized more than 20 firearms and 800 grams of crack.
Steve Pate, 41, of Shannon, North Carolina, was sentenced to 167 months in prison. According to court documents, Pate engaged in a conspiracy to distribute crack cocaine from at least May 2016 through February 2017. As part of the conspiracy, Pate would purchase cocaine, which he would prepare into crack. Pate would then supply the crack to co-conspirators Jerry Bullard and Cedric McEachern, who sold the drugs from a trailer in Robeson County, North Carolina.
As part of the conspiracy, co-conspirators Kristie Middleton and Kevin Shaw traveled from Virginia to purchase multi-ounce quantities of crack from Bullard and McEachern, and firearms from Bullard. Middleton and Shaw then returned to Dale City, Virginia, where they redistributed the crack and possessed and sold firearms alongside co-defendant Nifer McLaurin. See the table below for information on each defendant in this case.
Name, Age
Hometown
Pleaded Guilty to
Sentencing
Nifer McLaurin, 20
Dale City, Virginia
Using and carrying a firearm in furtherance of a drug trafficking offense
Sentenced to 5 years on March 24
Kevin Shaw, 42
Dale City, Virginia
Conspiracy to distribute 28 grams or more of cocaine base; Using and carrying a firearm in furtherance of a drug trafficking offense
Sentenced to 10 years on March 31
Cedric McEachern, 41
Red Springs, North Carolina
Conspiracy to distribute 28 grams or more of cocaine base
Sentenced to 10 years on June 30
Jerry Bullard, 37
Shannon, North Carolina
Conspiracy to distribute 280 grams or more of cocaine base; Using and carrying a firearm in furtherance of a drug trafficking offense
Sentenced to 15 years on July 21
Kristie Middleton, 40
Dale City, Virginia
Conspiracy to distribute 280 grams or more of cocaine base; Using and carrying a firearm in furtherance of a drug trafficking offense
Sentenced to 15 years on August 4
Steve Pate, 41
Shannon, North Carolina
Conspiracy to distribute 280 grams or more of cocaine base
Sentenced today to 167 months
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Paul D. Vanderplow, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, and Stephan M. Hudson, Chief of Prince William County Police, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Assistant U.S. Attorney Tobias D. Tobler prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-149.
Federal Jury Hands Down Guilty Verdicts Against Three Charlotte Gang MembersRead the Press Release
CHARLOTE, N.C. – U.S. Attorney Jill Westmoreland Rose announced today that a federal jury seated in Charlotte has returned guilty verdicts against three United Blood Nation (UBN or Bloods) gang members on multiple charges for crimes related to the gang’s racketeering activities, including three murders. U.S. District Judge Max O. Cogburn, Jr. presided over the three-week trial, which began on September 21, 2017.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Chief Kerr Putney of the Charlotte-Mecklenburg Police Department join U.S. Attorney Rose in making today’s announcement.
The jury convicted Randall Hankins, II, a/k/a “Foe,” 23, Nana Yaw Adoma, a/k/a “Ratchet,” 22, and Akheem Tahja McDonald, a/k/a “Lil Keem” or “Savage,” 23, of racketeering conspiracy charges. Hankins was also convicted of two counts of murder in aid of racketeering, for his role in the 2014 murders of Douglas and Deborah London, and two counts of use or carry of a firearm during and in relation to a crime of violence and possession of a firearm in furtherance of a crime of violence resulting in the death of Douglas and Deborah London.
Adoma and Akheem McDonald were convicted of one count of murder in aid of racketeering for the 2013 murder of Kwamne Donqurius Clyburn, and one count of use or carry of a firearm during and in relation to a crime of violence and possession of a firearm in furtherance of a crime of violence resulting in the death of Kwamne Donqurius Clyburn. Adoma was also convicted of one count of assault with a dangerous weapon in aid of racketeering and one count of use or carry of a firearm in relation to a crime of violence and possession of firearm in furthertance of a crime of violence, for his role in the armed robbery of a business owned by the Londons.
Two co-defendants, Jamell Lamon Cureton and Malcolm Jarrel Hartley, were previously sentenced to life in prison for the murders of the Londons and related racketeering activity charges. Cureton received a second life sentence for his involvement in the murder of Kwamne Clyburn. Seven co-defendants have pleaded guilty to racketeering conspiracy charges and are currently awaiting sentencing. They are: David Lee Fudge a/k/a “Flames” or “Flame;” Daquan Lamar Everett a/k/a “Day Day;” Nehemijel Maurice Houston a/k/a “Mijel” or “Swagg Out;” Briana Shakeyah Johnson a/k/a “Breezy B” or “Breezy V;” Ibn Rashaan Kornegay a/k/a “IB;” Centrilia Shardon Leach a/k/a “CeCe;” and Rahkeem Lee McDonald a/k/a “Hitman” or “Big Keem.”
According to court filings, trial evidence, witness testimony, admissions contained in filed plea documents and other court proceedings:
Beginning at least in or about 2012, Cureton, Hartley and their co-defendants were members of the United Blood Nation gang (UBN or Bloods) in Charlotte. As UBN members, the defendants carried out violent acts for the purpose of protecting and furthering the gang’s power. The defendants operated according to a common set of Bloods’ rules and participated regularly in gang meetings to discuss, among other things, the commission of crimes, including robbery and murder.
Cureton is a member of the Charlotte-area UBN and holds the rank of 5-Star General. As early as 2007, Cureton reported his affiliation with the UBN as a Valentine Blood. Law enforcement seized Cureton’s UBN “Book of Knowledge,” wherein he was identified as a 3-Star General and has since been promoted to a 5-Star General. As a 5-Star General, Cureton commanded the gang’s activities in the area. Hartley is also a member of the Charlotte-area Valentine Blood set of the UBN. Hartley was “ranked up,” or “promoted,” to a 2-Star General, following the murders of Douglas and Deborah London.
On or about May 25, 2014, Cureton, Adoma and Fudge robbed “The Mattress Warehouse,” in Pineville, N.C., owned by Douglas and Deborah London. A federal indictment charged Cureton, Adoma and Fudge in connection with the robbery. In the months that followed, Cureton communicated with Hartley and other UBN gang members and associates, including co-defendants Everrett, Hankins, Houston, Johnson, Kornegay, Leach, and Rahkeem McDonald to plan the murders of the Londons. In a letter Cureton sent from prison, Cureton explained that he ordered the murder of Douglas London because the victim was going to testify against him in court, and described Deborah London as “collateral damage.”
According to evidence presented at trial and witness testimony, after the gang’s leadership authorized Hartley to proceed with the murder, Hankins gave Hartley the gun he used to carry out the murders. Hankins also gave Hartley a plastic shopping bag and instructed him to wrap the bag around the gun so the spent cartridges would fall in the bag and would not be found at the murder scene. On or about October 23, 2014, Johnson drove Hartley to South Carolina, where Hartley shot and killed Douglas and Deborah London at their home. According to trial evidence and witness testimony, sometime after the murders, Hankins sent Kornegay a text with a link to a news story about the couple’s murders.
Following the Londons’ murders, UBN leadership directed the gang members to “lay low” and to avoid contact with law enforcement. Cureton also told Hartley that from that point forward the topic of the victims’ murders was forbidden to be discussed and authorized action against any person who talked about it. Witnesses testified that Hankins was upset that other gang members had been “ranked-up,” or promoted within the ranks of the gang, as a result of the murders, except him.
Trial evidence also established that on August 22, 2013, Cureton, Adoma and Akheem McDonald murdered Kwamne Donqurius Clyburn, after luring him to Pressley Road Neighborhood Park, in Charlotte. According to evidence presented at trial, Clyburn sustained seven gunshot wounds by two different firearms. Two of the gunshot wounds were to the back of Clyburn’s head. According to witness testimony and as Cureton previously admitted in court papers, Cureton, Adoma and Akheem McDonald murdered Clyburn because they suspected that Clyburn was “false claiming” (falsely claiming to be a Bloods member), and because Clyburn failed a “DNA check,” meaning that they could not verify Clyburn’s claim to be a Blood.
Hankins, Adoma and Akheem McDonald are currently in federal custody. The maximum penalty associated with the charges of which they were convicted is life in prison. The defendants’ sentences will be determined by the Court, taking into consideration the federal sentencing guidelines and statutory sentencing factors. A sentencing date has not been set yet.
In making today’s announcement, U.S. Attorney Rose commended the FBI for their investigation of the case and thanked CMPD for their assistance. U.S. Attorney Rose also thanked the York County Sheriff’s Office and York County Solicitor Kevin Brackett for their assistance throughout the investigation and prosecution of this case.
Assistant U.S. Attorneys Elizabeth Greene and Don Gast are prosecuting the case.
Federal Inmate Charged with Possession of A WeaponRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joshua Mike, Sr., age 25, an inmate at United States Penitentiary, Lewisburg (USP Lewisburg) was indicted on October 12, 2017, by a federal grand jury for possession of a weapon in prison.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Mike possessed a homemade sharpened piece of plastic, commonly referred to as a “shank,” on June 16, 2017.
The case was investigated by correctional staff at USP Lewisburg and the Federal Bureau of Investigation. Assistant United States Attorney Alisan VanFleet is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The defendant is facing a maximum of five years of incarceration and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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East St. Louis Man Sentenced to 10 Years in Prison for Unlawful Possession of FirearmsRead the Press Release
Warren Stepney, Jr., 23, of East St. Louis, Illinois will serve ten years in federal prison for possession of firearms as a previously convicted felon, the United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today. Following his prison sentence, Stepney will be on federal supervised release for three years. Stepney has been in custody since his arrest on July 28, 2016.
Documents filed in the U.S. District Court establish that on June 28, 2016, Stepney, was observed by officers loitering outside of a convenience store in East St. Louis, Illinois, along with four other individuals. When the officers approached and questioned Stepney, he reached into his pockets. Officers told him to remove his hands. When he refused, an officer performed a pat down search and found a .380 caliber HiPoint handgun in Stepney’s pocket. The gun was loaded with nine rounds of ammunition, and it had an obliterated serial number.
One month later, on July 28, 2016, an East St. Louis officer initiated a traffic stop of Stepney, who was driving a Kia Sportage that had been reported stolen out of St. Louis, Missouri. The officer approached the car with his service weapon drawn and told Stepney to turn the vehicle off, to which Stepney stated he did not know how. When the officer attempted to reach across Stepney to turn the car off, Stepney tried to reach under the passenger’s seat and then put the vehicle into gear and began to drive away with the officer partially inside the car. Stepney drug the officer approximately 15 feet causing injury to the officer. As Stepney fled, he attempted to drive onto a ramp to the interstate at which time he lost control and crashed. As other officers arrived to assist, Stepney threw a handgun out the driver’s side window before he was taken into custody. The firearm was recovered by the officers and determined to be a fully loaded Citadel Government Model 1911-22.
Court documents further established that Stepney was a previously convicted felon, having been convicted in 2012 of residential burglary in the Circuit Court of St. Clair County, Illinois.
The case was investigated by the East St. Louis Police Department and the Washington Park Police Department. The case was prosecuted by Assistant United States Attorney Ali Summers.
Dominican National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON – A Dominican national was indicted yesterday in federal court in Boston on a federal immigration charge.
Amaury Olivo-Rodriguez, 39, was indicted on one count of unlawful reentry of a deported alien.
According to court documents, on April 26, 2017, law enforcement officers in Lawrence encountered Olivo-Rodriguez and determined him to be illegally present in the United States. Olivo-Rodriguez was previously deported on June 30, 2009, and Nov. 4, 2014.
Olivo-Rodriguez faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation proceedings upon completion of his sentence. 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 and Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
District Man Sentenced to Six Years in Prison for Sexually Assaulting Stranger Near Metro StationRead the Press Release
WASHINGTON – Dashayn James Slade, 36, of Washington, D.C., was sentenced today to six years in prison for sexually assaulting a stranger who he grabbed while she walked to work near a Metro station in 2009 in Northeast Washington, U.S. Attorney Jessie K. Liu announced.
Slade pled guilty in July 2017, in the Superior Court of the District of Columbia, to a charge of attempted first-degree sexual abuse. He was sentenced by the Honorable Lynn Leibovitz. Following his prison term, Slade will be placed on supervised release for the rest of his life. He also must register as a sex offender for the rest of his life.
According to the government’s evidence, early in the morning on Dec. 22, 2009, the victim was walking to work near the Rhode Island Avenue Metro station in the 700 block of Rhode Island Avenue NE. Slade, a stranger to her, grabbed her from the Rhode Island Avenue overpass and pulled her over a concrete wall. Slade then pulled her across railroad tracks and snow until they reached a pile of railroad timber. He then sexually assaulted her.
Slade was identified using DNA evidence years after the offense and arrested in January 2016. He has been in custody ever since.
In announcing the sentence, U.S. Attorney Liu commended the work of the Metropolitan Police Department (MPD), including the Sexual Assault Cold Case Unit, which investigated the case. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist D’Yvonne Key and Victim/Witness Advocate Juanita Harris. Finally, she expressed appreciation for the work of Assistant U.S. Attorneys Elana Suttenberg and Stuart D. Allen, who investigated and prosecuted the case.
District Man Sentenced to 13 Years in Prison for Fatally Shooting Man in Broad DaylightRead the Press Release
WASHINGTON – Seth Holmes, 23, of Washington, D.C., was sentenced today to 13 years in prison for killing a man earlier this year in Southwest Washington, U.S. Attorney Jessie K. Liu announced.
Holmes pled guilty in August 2017 to a charge of voluntary manslaughter while armed. The plea agreement, which was contingent upon the Court’s approval, called for an agreed-upon sentence of at least 10 years and up to 14 years in prison. The Honorable Lynn Leibovitz accepted the plea today in the Superior Court of the District of Columbia and sentenced Holmes accordingly. Following his prison term, Holmes will be placed on five years of supervised release.
The government’s evidence demonstrated that on May 9, 2017, at approximately 2:05 p.m., officers with the Metropolitan Police Department (MPD) received a call to respond to a shooting that occurred in the 100 block of Irvington Street SW. Upon arrival, officers found the victim, Damonta Thompson, semi-conscious and unresponsive suffering from a gunshot wound to his body. The District of Columbia Department of Fire and Emergency Medical Services transported Mr. Thompson to a hospital, where he was pronounced dead. An autopsy later determined that Mr. Thompson, 25, died from a gunshot wound to the back.
Further investigation by MPD officers revealed that just prior to the shooting, Holmes pulled his vehicle into the 100 block of Irvington Street SW, where he observed Mr. Thompson. Holmes and Mr. Thompson exchanged words. Holmes then pulled his vehicle down the street, got out, and shot his gun four times in the direction of Mr. Thompson, hitting him one time in his back. Mr. Thompson died a short time later.
Approximately, three days after the shooting, Holmes fled the Washington, D.C. metropolitan area to a relative’s residence in St. Petersburg, Fla. On June 5, 2017, Holmes was located by the U.S. Marshals Service and arrested at the residence. He was then transported back to the District of Columbia and was formally charged.
In announcing the sentence, U.S. Attorney Liu commended the work of those who investigated the case from the Metropolitan Police Department and the U.S. Marshals Service. She also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Jennifer Allen and Jennifer Clark, and Assistant U.S. Attorney Alicia M. Long, who investigated and prosecuted the matter.
District Court Enters Permanent Injunction Against California Company and Chief Executive Officer to Stop the Distribution of Custom Nutritional ProductsRead the Press Release
A California federal court entered a consent decree permanently prohibiting Custompax Inc. of Fremont, California, and owner and Chief Executive Officer Cedric P. Ling from distributing adulterated dietary supplements, the Department of Justice announced today. Under the terms of the injunction, the defendants must stop manufacturing such products until remedial steps are taken.
The Department also filed a complaint in the U.S. District Court for the Northern District of California on Sept. 12, at the request of the U.S. Food and Drug Administration (FDA). According to the complaint, the company did not manufacture its dietary supplements in conformity with current good manufacturing practices. For example, the complaint alleged that the defendants failed to establish and maintain adequate specifications and testing procedures for the purity, strength, and composition of its dietary supplements, and failed to adequately test the identities of the ingredients used to make those supplements.
“Dietary supplement manufacturers that fail to comply with basic manufacturing requirements risk the health and well-being of consumers in the United States and abroad,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice and FDA remain vigilant against the dangers posed by such adulterated products.”
The consent decree entered today resolves the litigation, requiring that the defendants adhere to the law’s current good manufacturing practices for dietary supplements. The decree also directs Custompax to stop manufacturing dietary supplements until the company implements specified remedial measures. The measures include, among other things, retaining an expert to inspect Custompax’s facilities and certifying that the company’s manufacturing methods, facilities and controls are in conformity with current good manufacturing practices for dietary supplements.
This matter was handled by Trial Attorney Gabriel H. Scannapieco of the Civil Division’s Consumer Protection Branch, with the assistance of Associate Chief Counsel for Enforcement Tara Boland of the FDA’s Office of General Counsel, Department of Health and Human Services.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Northern District of California, visit its website at https://www.justice.gov/usao-ndca.
Detroit man admits to selling crack cocaineRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Detroit, Michigan man has admitted to a drug charge, Acting United States Attorney Betsy Steinfeld Jividen announced.
Aaron Deshawn Campbell, also known as “Mike,” age 29, pled guilty to one count of “Distribution of Cocaine Base.” Campbell admitted selling crack cocaine in Monongalia County in June 2015.
Campbell faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Mon Metro Drug and Violent Crime Task Force, a HIDTA-funded program, investigated.
Senior U.S. District Judge Irene M. Keeley presided.
DeSoto Woman Sentenced for Embezzling $1.6 Million from Grandview School DistrictRead the Press Release
St. Louis, MO – Angela Huskey, was sentenced to 63 months in prison on mail fraud charges in connection with her embezzlement of approximately $1.6 million from the Grandview R-2 School District. She was ordered to pay $1,813,900.63 in restitution.
According to court documents, Huskey worked for Grandview for more than 20 years, being elevated to the position of business manager in 2009. In court today, Huskey admitted that she embezzled no less than $1.6 million from the school district during that time, falsifying the school district’s records to conceal her crimes. In some cases, Huskey admitted, she concealed her embezzlement by inflating the reported wages for other employees of the school district, causing those individuals to pay excess taxes to the Internal Revenue Service. As a result, those individuals paid an additional $13,368.28 in income taxes they did not in fact owe.
Huskey, 51, DeSoto, MO, pled guilty in June to one felony count of mail fraud and appeared today for sentencing before United States District Judge Rodney W. Sippel.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Gwen Carroll is handling the case for the U.S. Attorney’s Office.
Cuban Man Sentenced to 60 Months in Federal Prison for Role in Conspiracy Involving Fraudulent Bank CardsRead the Press Release
DALLAS — Jesus Aldana Gutierrez, 33, a Cuban citizen, was sentenced this morning by U.S. District Judge Sidney A. Fitzwater to 60 months in federal prison for his role in a conspiracy involving fraudulent purchases in North Texas using counterfeit bank cards, announced U.S. Attorney John Parker of the Northern District of Texas.
Gutierrez pleaded guilty in June 2017 to one count of conspiracy to commit access device fraud. He has been in custody since he was arrested in September 2016. Judge Fitzwater also ordered Gutierrez to pay $408,596.46 in restitution, joint and severally with his codefendants.
According to documents filed in the case, from at least January 2015 through July 2016, Gutierrez and others obtained lists of credit and debit card numbers belonging to other individuals online. Gutierrez and his coconspirators used the card information to create counterfeit bank cards using devices to encode the cards with the fraudulently obtained account information. The defendants went to various retail stores and purchased prepaid gift cards and shopping cards with the counterfeit cards. The defendants then took those purchased prepaid gift cards and shopping cards to other stores and purchased items, including other gift cards, to further launder the illegally obtained money.
The scheme was discovered after an investigator from JPMorgan Chase observed a large volume of fraudulent transactions being made with unauthorized JPMorgan Chase debit card numbers at Walmart stores in the Dallas-Fort Worth metroplex area. JPMorgan Chase’s investigator worked with Walmart investigators to collect surveillance footage and conduct surveillance of the defendants engaging in the fraudulent transactions.
The case was investigated by the U.S. Secret Service and the Plano Police Department. Assistant U.S. Attorneys Jamie L. Hoxie and Shane Read prosecuted.
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Convicted Felon Arraigned on Drug, Firearm ChargesRead the Press Release
PROVIDENCE – Scott Arnum, 28, of Providence, was arraigned and ordered detained on a 3-count indictment charging him with possession with the intent to distribute crack cocaine, felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking, announced Acting United States Attorney Stephen G. Dambruch, Pawtucket Police Chief Tina Goncalves, and Mickey Leadingham, Special Agent in Charge of the Boston Field Division of ATF.
The indictment was returned on October 5, 2017.
According to information presented to the Court, on September 18, 2017, a Pawtucket Police officer on patrol stopped a vehicle driven by Arnum for a traffic violation, after the driver stopped short of pulling out in front of a police cruiser while failing to use a turn signal. It is alleged the officer also smelled a strong odor of marijuana believed to be emanating from the vehicle.
According to information presented to the Court, as the officer approached the vehicle she allegedly noticed the driver making rapid movements inside the vehicle, and appeared nervous when the officer encountered him. The officer allegedly again detected a strong odor of marijuana emanating from the vehicle. Arnum complied with a request from the officer to exit the vehicle.
According to information presented to the court, Arnum was escorted to the rear of the vehicle where the officer allegedly discovered a large bag of marijuana, and four small packets and one larger packet of crack cocaine below the inside rear waistband of Arnum’s underwear. Another bag allegedly containing crack cocaine was located inside Arnum’s underwear. Another bag containing crack cocaine allegedly fell out of Arnum’s underwear after he was transported to the police station.
According to information presented to the court, an inventory of the vehicle conducted at the scene of Arnum’s arrest resulted in the seizure of a loaded 9mm pistol and two loaded 9mm magazines from the vehicle’s glovebox.
According to court records, Scott was previously convicted in federal court for possession of crack cocaine with the intent to distribute and being a felon in possession of a firearm. In December 2010, Arnum was sentenced to 84 months in federal prison to be followed by five years of supervised release.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney Ronald R. Gendron .
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Colorado Man Who Fled to Costa Rica After Trial Sentenced to More Than 7 Years in Prison for Tax CrimesRead the Press Release
A Grand Junction, Colorado, man was sentenced to 88 months in prison today for tax evasion and failing to file personal and corporate income tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
Timothy Stubbs, 52, was convicted in September 2015 of tax evasion, wilful failure to file an individual income tax return, and wilful failure to file a corporate income tax return following a jury trial in Denver, Colorado. According to the evidence presented at trial, Stubbs owned National Rebate Fund Inc. in Grand Junction. Despite earning more than $7 million between 2005 and 2007, Stubbs did not file corporate income tax returns. Stubbs also earned more than $2 million in income taxable to him personally during those same years and did not file individual tax returns. According to the evidence at trial, Stubbs had not filed a personal tax return since 1992 and had not paid individual income taxes since 1993. To conceal his income, Stubbs paid more than $700,000 in personal expenses from the business bank accounts and acquired more than $370,000 in gold and silver in 2007. The evidence also showed that during those three years Stubbs purchased real estate in Grand Junction and Crested Butte, Colorado, and two condos in Kailua-Kona, Hawaii, which cost in total more than $2.9 million dollars.
In December 2015, two weeks prior to his scheduled sentencing hearing, Stubbs removed his electronic GPS monitoring ankle bracelet and fled to Costa Rica, where he had been living in 2014, prior to being arrested for the indictment.
According to documents filed with the court, Stubbs lied to immigration officials in Costa Rica in an attempt to renew his residency in Costa Rica and stay there permanently in an effort to avoid punishment in this case. In April 2017, Costa Rica deported Stubbs. He has been held in custody pending sentencing since that time and was remanded.
In addition to the term of prison imposed, U.S. District Court Judge Christine M. Arguello ordered Stubbs to serve three years of supervised release and to pay $639,114 in restitution to the IRS and a fine of $50,000.
Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Lori A. Hendrickson and Leslie A. Goemaat of the Tax Division, who prosecuted the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Clayton Man Sentenced to 18 Months for Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that IVAN ALEXANDER WILLIAMSON, age 26, of Clayton, Oklahoma, was sentenced to 18 months imprisonment, and 3 years of supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
The Indictment alleged that on or about February 9, 2017, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
The charge arose from an investigation by the Clayton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
United States Attorney Brian J. Kuester said, “I am thankful that the Clayton Police Department and the ATF worked together on this case to bring Mr. Williamson to justice. Prosecuting felons for unlawfully possessing firearms is one of the many ways that the United States Attorney’s Office can work with federal, state and local agencies to protect the public that we all serve.”
The Honorable James H. Payne, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Rob Wallace represented the United States.
Chicago Man Sentenced to 30 Months in Federal Prison for Wire FraudRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – On October 12, 2017, United States District Judge George L. Russell III sentenced David T. Odom, age 53, of Chicago, Illinois to 30 months in prison, followed by three years of supervised release for a wire fraud conspiracy arising from a scheme to defraud lenders in order to obtain bridge financing for a movie. Judge Russell also ordered Odom to forfeit up to $821,000 after the sale of the property and pay $700,000 in restitution.
Co-conspirator Darryl Wesley Clements, age 50, of Detroit, Michigan, previously pleaded guilty to wire fraud conspiracy. Rodney Patrick Dunn, age 40, of Elkridge, Maryland, pleaded guilty in a related case to receipt of a bribe by a bank official.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Christy Goldsmith Romero, Special Inspector General for the Troubled Asset Relief Program (SIGTARP); and Eric M. Thorson, Inspector General for the Department of the Treasury.
David Odom owned CityScope Productions, LLC, and was seeking financing to produce the movie “Season Tickets.” Odom met Darryl Clements through an attorney in New York. Clements created documents falsely stating that CityScope had permanent financing of $13 million for the movie from Bridge Capital and The Shah Group, and that the funds were held in escrow at a bank in Baltimore, where Dunn worked as a bank officer. Dunn had agreed with Clements that when prospective lenders attempted to verify the existence of the escrow accounts, Dunn would text or telephone Clements with the caller’s information and permit Clements to return the telephone call posing as “Rodney Dunn, bank officer.” Dunn believed he would obtain from Clements valuable contacts with professional athletes that would catapult his career change into sports agency. Clements also promised to pay Dunn for his assistance.
In order to carry out the fraud scheme, Clements also created email accounts which appeared to belong to Dunn and The Shah Group, but which Clements actually controlled. In February 2011, Dunn purchased five cashiers’ checks from his employer bank, each for $20 and made payable to Clements. Clements then altered the checks so that they totaled $4 million, the payees were individuals and entities affiliated with the movie, and “The Shah Group,” was the remitter. Clements provided the altered checks to Odom/CityScope. Odom knew that the checks were fraudulent since in fact, no one had been paid. Clements also fraudulently placed Dunn’s forged signature on escrow agreements and proof of funds statements, which Clements emailed to Odom, so that Odom could furnish those fraudulent documents to prospective lenders.
Odom sought financing from multiple lenders including an unsuccessful attempt thwarted by the prospective lender’s local counsel in Baltimore. Among other things, Clements created a fictitious bank statement for a purported escrow account, which Odom admitted he sent to a prospective lender.
In a telephone call on May 9, 2011, Clements posed as Dunn and fraudulently verified the account numbers and balances of the phony escrow accounts to an official of a California company which specialized in providing bridge financing for movies (California finance company). On the same day, the California finance company loaned $2.5 million to CityScope and transmitted the funds by wire, specifying that the funds were to be used solely for movie expenses.
In early 2011, Odom’s house was sold in a foreclosure proceeding to the mortgage lender, and Odom was faced with moving or eviction. Odom admitted that he used the bridge loan funds to spend $821,000 to purchase his home back from the lender, approximately $60,000 to buy two cars, approximately $6,000 to take his family on the "Exotic Western Caribbean Cruise" by Carnival Cruise, approximately $90,000 in transfers to family members, and another approximately $75,000 in personal expenses. Odom also paid some pre-production movie expenses. Clements received $200,000 from the bridge loan proceeds. Dunn received only the promise of money.
Odom did not repay the bridge loan. The California finance company prepared to have the bank repay the loan from the purported escrow account, leaving messages for Dunn at the bank, which he then passed on to Clements. Clements, posing as Dunn, falsely told the company that the loan repayment had been sent to CityScope, and Odom said that CityScope had not received the funds and sent a demand letter to the Baltimore bank. When the California finance company was not repaid the loan, it sued Odom and others to recover its loan. Because of the allegations contained in the civil suit, Odom believed that criminal charges would be brought against Clements, and he told Clements his fears. Clements was engaged in another loan fraud and received proceeds of $4 million. In August 2011, Clements transferred $2 million to CityScope, which Odom used to partially repay the California finance company.
On April 28, 2017, Clements was sentenced to 18 months in the custody of the Bureau of Prisons, and on September 8, 2017, Dunn was sentenced to 30 weekends of incarceration and a fine of $2,000.
Today’s announcement is part of the efforts undertaken in connection with the Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
Acting United States Attorney Stephen M. Schenning commended the FBI, SIGTARP, and the Treasury Inspector General for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Joyce K. McDonald and Rachel M. Yasser, who prosecuted the case.
Checotah Man Pleads Guilty to Failure to Register as Sex OffenderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that JENADIAH RAY BARNES, age 38, of Checotah, Oklahoma, pled guilty to FAILURE TO REGISTER AS SEX OFFENDER, in violation of Title 18, United States Code, Sections 2250(a)(1), 2250(a)(2)(B) and 2250(a)(3), punishable by not more than 10 years imprisonment, and up to a $250,000.00 fine or both.
The Indictment alleged that from in or about February 2017, the exact date being unknown to the Grand Jury, until on or about August 1, 2017, in the Eastern District of Oklahoma, and elsewhere, the defendant, JENADIAH RAY BARNES, a/k/a JENEDIAH RAY BARNES, a/k/a JEDEDIAH RAY BARNES, an individual required to register as a sex offender under the Sex Offender Registration and Notification Act, after having received a felony conviction from the State of Tennessee in Wilson County on or about October 19, 1998, for the offense of Conspiracy to Commit Rape of a Child, resided in Indian Country, and knowingly failed to register and update his registration as required by the Sex Offender Registration and Notification Act.
The charge arose from an investigation by the Cherokee Nation Marshal’s Service, the McIntosh County Sherriff’s Office, the Federal Bureau of Investigation, and the U.S. Marshals Service.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney John David Luton represented the United States.
Beaumont man pleads guilty to kidnapping girls after theft in SulphurRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Beaumont man pleaded guilty Wednesday to kidnapping two girls after stealing the truck in which they were seated.
Henry Dwight Moore, 23, of Beaumont, Texas, pleaded guilty before U.S. District Judge Jay C. Zainey to one count of kidnapping. According to the guilty plea, Moore drove a black truck into a Lowe’s parking lot in Sulphur, La., on December 13, 2015. He stole a customer’s purse who had walked away from it to return a shopping cart. A bystander saw Moore take the purse, and the bystander jumped into the back of Moore’s truck as he drove away. The truck’s engine died at one point, and the bystander attempted to confront him. Moore got the engine started again and sped off leaving the bystander in the truck bed. Eventually the bystander pleaded to be let out of the back of the truck, and Moore stopped to allow him to leave. Moore then continued westbound on Interstate 10 in the rain. He lost control and struck the side of a Toyota Tundra truck. After the accident, Moore’s truck died again, and he and the Tundra pulled over to the side of the road. After the Tundra owner exited the truck and walked to the passenger side to inspect the damage, Moore jumped into the driver’s seat and drove off. Inside the Tundra truck were the owner’s daughters ages 5 and 7. Moore told the girls he was going to drop them off at a police station, but he didn’t. He abandoned the car and the girls on the side of the road after reaching Orange, Texas. One of the girls located her father’s cell phone and was able to reach help.
Moore faces up to life in prison, not more than five years of supervised release and a $250,000 fine. The court set a December 6, 2017 sentencing date.
The FBI conducted the investigation. Assistant U.S. Attorney Jamilla A. Bynog is prosecuting the case.
Bankruptcy Attorney Sentenced to 63 Months in Prison for Fraud Offenses, Stealing Millions from ClientsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that PETER RESSLER, 70, of Woodbridge, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to 63 months of imprisonment, followed by three years of supervised release, for embezzling millions of dollars from his bankruptcy clients, and related fraud offenses.
According to court documents and statements made in court, RESSLER, an attorney with a bankruptcy practice based in New Haven, defrauded numerous clients in various ways. RESSLER required certain clients who were seeking a Chapter 11 or Chapter 13 reorganization to deposit funds and represented that the monies would be held in trust for purposes of the anticipated reorganization. RESSLER obtained certain of the funds after he had filed formal bankruptcy actions, which created relevant bankruptcy estates for which he had a continuing duty to maintain client assets under his control and to give appropriate accountings to the U.S. Bankruptcy Court. RESSLER was entrusted with hundreds of thousands of dollars from at least 10 businesses involved with Chapter 11 reorganizations. Instead of holding the funds in trust, he used the monies for other purposes.
As part of both Chapter 11 and Chapter 13 filings, RESSLER submitted multiple documents to the U.S. Bankruptcy Court that represented the status of a debtor’s assets and liquidity, including the debtor-in-possession monthly operating reports. In various instances, RESSLER had already improperly dissipated a portion of a client/debtor’s assets and knew that operating reports filed for certain clients contained false representations, which misled both the court and creditors as to a debtor’s true financial condition. When asked directly in hearings as to whether certain assets existed in certain accounts, RESSLER falsely represented that certain assets existed, when he knew that they did not.
RESSLER also engaged in “work outs” where he would attempt to settle a client’s debts with creditors without relying on the protections of bankruptcy. As part of this process, RESSLER requested that his clients deposit with him funds and represented that he would hold the funds in trust and then use them to settle disagreements with financial institutions or other creditors, such as the IRS, or for some other purpose on behalf of his clients. The investigation revealed that RESSLER took $64,000 from a client purportedly to purchase property; $180,000 from a client to hold money in escrow; $45,000 from another client purportedly to buy back a home in foreclosure; $100,000 from a client to hold money in escrow; $97,000 from a client to hold money in escrow; $102,000 and $50,000 from two other clients purportedly to settle tax obligations with the IRS; at least $199,000 from a client to negotiate a settlement with the IRS; $141,000 from a client to settle debts with IRS and a lender; and $165,000 from a client purportedly to negotiate a loan modification with a lender. In each instance, RESSLER used the monies for other purposes.
In the spring of 2016, the U.S. Bankruptcy Court identified criminal conduct by RESSLER in cases involving debtors that were his clients. In one case, the debtor entrusted RESSLER with $450,000, which were proceeds of a legal settlement, to be held by RESSLER’s firm for the benefit of the debtor and its creditors. In a second case, the debtor entrusted RESSLER’s firm with approximately $321,409. In both cases, RESSLER used most of the deposited funds for other purposes than on behalf of the relevant clients.
In total, RESSLER misappropriated $3,401,452 from 48 clients and used the money for personal and family living expenses, to cover the expenses of his practice, and to fund payments relating to other clients and other bankruptcy estates from which he had previously improperly taken monies.
Judge Covello ordered RESSLER to pay a total of $4,856,931 in restitution. The larger restitution figure includes the embezzled funds and additional monies RESSLER did not embezzle, but owes to more than 60 other clients of his law practice.
On June 7, 2017, RESSLER pleaded guilty to one count of wire fraud, two counts of embezzlement from a bankruptcy estate, and one count of bankruptcy fraud.
RESSLER, who has been released on a $100,000 bond since his arrest on April 25, 2016, was ordered to report to prison on January 15, 2018.
RESSLER resigned from the Connecticut bar in March 2016.
This matter was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Baltimore CFO Pleads Guilty to Wire FraudRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Jay Edward Wilkins, age 47, of Stoney Beach, Maryland, pleaded guilty today to wire fraud and aggravated identity theft stemming from a scheme to defraud his employer of more than $700,000.
The plea 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 guilty plea and accompanying factual stipulation, Wilkins was the Chief Financial Officer (CFO) of Revolution, a Baltimore business. Beginning in 2014, Wilkins started improperly diverting corporate funds for his own personal use. As the CFO, Wilkins had access to the personal identifying information, including names, dates of birth, social security numbers, and addresses, of current and former Revolution employees. Over a three-year fraud, Wilkins repeatedly logged into the Revolution payroll account, and changed the direct deposit information for multiple employees, causing the payroll company to send more than $700,000 in fraudulent payroll payments to himself.
In addition, Wilkins failed to report a significant portion of the money he obtained from the fraud on his annual tax returns filed with the IRS for the 2014, 2015, and 2016 calendar years. Wilkins faces a maximum sentence of 20 years in prison for the count of wire fraud and 2 years in prison for the count of aggravated identity theft. U.S. District Judge Ellen L. Hollander has scheduled sentencing for January 23, 2018.
Acting United States Attorney Stephen M. Schenning commended the FBI for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney’s Harry Gruber and Paul Riley, who are prosecuting the case.
Atlantic County, New Jersey, Man Sentenced to 10 Years in Prison for Trafficking CocaineRead the Press Release
CAMDEN, N.J. – An Atlantic City, New Jersey, man was sentenced today to 120 months in prison for his role in a cocaine distribution conspiracy operating in the Atlantic County, Acting U.S. Attorney William E. Fitzpatrick announced.
Kabaka Atiba, a/k/a “Clarence Nixon,” 47, previously pleaded guilty before U.S. District Judge Jerome B. Simandle to Count 2 of a second superseding indictment charging him with distribution and possession with intent to distribute cocaine. Judge Simandle imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
The conspiracy that Atiba participated in involved the trafficking of more than 100 kilograms of cocaine. Atiba and other members of the conspiracy used residences in Pleasantville, New Jersey, and Absecon, New Jersey, to store and package cocaine and crack cocaine.
Atiba was supplied with cocaine by his half-brother, Tozine Tiller, 43, of Absecon, and others, and was personally responsible for distributing in excess of 840 grams of crack cocaine from February 2010 through Dec. 10, 2014.
In addition to the prison time, Judge Simandle sentenced Atiba to three years of supervised release.
To date, 12 individuals have been charged for their roles in the drug trafficking conspiracy. All of those charged, with the exception of one defendant who remains a fugitive, have been convicted. Five defendants have been sentenced, including Talib Tiller, 45, of Pleasantville, New Jersey, and Tejohn Cooper, 44, of Galloway Township, New Jersey, who were recently sentenced in September 2017 to 57 and 96 months in prison, respectively.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI’s Newark Division, Atlantic City Resident Agency, under the direction of Special Agent in Charge Timothy Gallagher in Newark; special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Carl J. Kotowski in Newark; the Atlantic County Prosecutor’s Office, under the direction of Prosecutor Damon Tyner; and the Atlantic City Police Department, under the direction of Police Chief Henry White, with the investigation.
He also thanked the N.J. State Police; the Bureau of Alcohol, Tobacco and Firearms; U.S. Immigration and Customs Enforcement (ICE)-Homeland Security Investigation (HSI); U.S. Postal Inspection Service; Cumberland County Sheriff’s Office and the Ventnor, Northfield and Millville police departments for their assistance.
The government is represented by Assistant U.S. Attorney Diana Vondra Carrig of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel: David Rudenstein Esq., Philadelphia
Albany Felon Sentenced for Possession of Semi-Automatic Rifle and HandgunRead the Press Release
ALBANY, NEW YORK - Jason Twiss, 29, of Albany, New York, was sentenced today to serve 80 months in prison for illegally possessing a loaded semi-automatic rifle and a loaded 9-milimeter handgun as a convicted felon, carrying firearms in furtherance of a drug trafficking crime, and attempted possession of a controlled substance with intent to distribute. Senior U.S. District Court Judge Thomas J. McAvoy also ordered that Twiss serve a three-year term of supervised release following his release from federal prison on the three felony counts.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) New York Field Division.
As part of his November 22, 2016 guilty plea, Twiss admitted that on December 10, 2014, he drove to Kingston, New York, to purchase heroin for later distribution. While in the Kingston Hospital parking lot, Twiss carried and displayed a loaded Ruger .22 caliber semi-automatic rifle with a 30-round magazine, and a loaded Glock 9mm semi-automatic pistol, to guard against the theft of funds he brought to purchase the narcotics.
A prior felony conviction in Florida on narcotics-related charges prohibited Twiss from legally possessing a firearm in New York.
This case was investigated by ATF and the Kingston Police Department, and was prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Akron man with history of violence indicted on firearms chargesRead the Press Release
A federal grand jury returned a four-count indictment charging Delamon A. Marshall, 38, of Akron, with two counts of being a felon in possession of a firearm and ammunition as an armed career criminal and two counts of possessing of a firearm with an obliterated serial number, said U.S. Attorney Justin E. Herdman.
Marshall had a Glock 9 mm pistol and ammunition on Feb. 22, despite prior convictions for bank robbery and two counts of domestic violence which made it illegal for him to have a firearm. He also possessed a Ruger 9 mm pistol and ammunition on March 17, according to the indictment.
The investigation was conducted by members of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Copley Police Department, the Bureau of Criminal Investigation for the Ohio Attorney General, Akron Police Department and the Summit County Coroner’s Office. The case is being prosecuted by Assistant United States Attorney Teresa Riley.
If convicted, the defendant’s sentences will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Aggravated Felon Illegally in the United States Sentenced to More Than 10 Years in Federal PrisonRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced that yesterday U.S. District Judge John W. deGravelles sentenced JUAN CARLOS RIGOBERTO-MARTINEZ, age 33, of Honduras, to serve 130 months in federal prison for illegally reentering the United States after removal. The defendant’s extensive criminal history, including his status as an aggravated felon, contributed significantly to the lengthy sentence.
Yesterday’s sentence stems from the defendant’s federal conviction on April 12, 2017, for illegally reentering the United States after removal. Immigration authorities first removed the defendant from the United States on January 7, 2008, after he completed a state prison sentence in Georgia for burglary and theft.
Several months later, on June 5, 2008, the U.S. Border Patrol found and arrested the defendant in Texas for illegally reentering the United States after removal. The defendant plead guilty to the offense, resulting in a 77-month federal prison sentence from the U.S. District Court for the Western District of Texas. On December 27, 2013, immigration authorities again removed the defendant from the United States following the completion of his prison term.
Sometime during 2014 or 2015, the defendant again reentered our country illegally. On August 20, 2015, local authorities arrested the defendant for three separate robberies in Baton Rouge. He was detained pending trial on those charges. While in custody, the U.S. Border Patrol learned of the defendant’s status as both an aggravated felon and an illegal alien previously removed from the United States, resulting in the instant charge.
The defendant subsequently plead guilty to both the instant federal charge and to a state charge of simple robbery. On August 21, 2017, he received a seven-year prison sentence for the state charge. Yesterday, he received a 130-month prison sentence for the federal charge. The federal and state prison sentences will run concurrently.
Acting U.S. Attorney Amundson stated, “Keeping our communities safe from aggravated felons, like this defendant, is a top priority of the U.S. Department Justice generally and my office in particular. This is especially true where the offender is illegally in this country and had been previously removed on multiple occasions following federal and state felony convictions.”
This investigation was handled by the U.S. Department of Homeland Security—Immigration and Customs Enforcement. This matter was prosecuted by Assistant United States Attorney J. Brady Casey.
Acoma Pueblo Man Pleads Guilty to Federal Assault ChargeRead the Press Release
ALBUQUERQUE – Anthony Phillips, 27, an enrolled member and resident of Acoma Pueblo, N.M., pleaded guilty today in federal court in Albuquerque, N.M., to an assault charge. Under the terms of his plea agreement, Phillips will be sentenced to 24 months in prison followed by a term of supervised release to be determined by the court.
Phillips was arrested on March 30, 2017, on an indictment charging him with assault resulting in serious bodily injury on Jun 19, 2016, on the Acoma Indian Reservation in Cibola County, N.M.
During today’s proceedings, Phillips pled guilty to the indictment and admitted that on June 19, 2016, on the Acoma Indian Reservation, he assaulted a Laguna Pueblo woman by wrapping his arms around her, kicking her legs out from under her, and taking her to the ground and handcuffing her. Phillips further admitted that the victim suffered an avulsion facture to her knee and a torn ACL as the result of the assault. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services. Assistant U.S. Attorney Elisa C. Dimas is prosecuting the case pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
80th Defendant Pleads Guilty to Federal Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 80 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 44 of them have been sentenced.
The investigation was undertaken in support of 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 collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
This week, Jeneill Ayala, 25, of Albuquerque, entered a guilty plea in federal court to a methamphetamine trafficking charge, becoming the 80th defendant to enter a guilty plea.
Ayala and her co-defendant, David Torrez, 32, were charged by indictment on July 28, 2016, with conspiracy and distributing methamphetamine on June 21, 2016, in Bernalillo County. Ayala pled guilty on Oct. 10, 2017, to both charges of the indictment without the benefit of a plea agreement. Torrez previously pled guilty on Sept. 26, 2017, to Count 2 of the indictment and admitted selling two ounces of methamphetamine to an undercover law enforcement agent on June 21, 2016.
At sentencing, Ayala and Torrez each face a statutory penalty of not less than five years and not more than 40 years in federal prison. Their sentencing hearings have yet to be scheduled.
Twenty of the defendants charged as the result of the ATF investigation have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. Two defendants are fugitives and the charges against two defendants have been dismissed.
This case against Ayala and Torrez was investigated by the Albuquerque office of ATF and is being prosecuted by Assistant U.S. Attorney Eva M. Fontanez.
Thursday 12 October 2017
Woman Pleads Guilty to Preparing False Income Tax ReturnRead the Press Release
HOUSTON – A local tax return preparer has entered a guilty plea to willfully aiding and assisting in the preparation of a false tax return for a client, announced Acting U.S. Attorney Abe Martinez.
In the plea agreement filed in the record of the case, Crystal T. Kemp admitted she prepared income tax returns for clients of her business in Houston named CQ Tax Preparation. Kemp willfully placed several false items on the tax returns, including false losses from sole proprietorships, false refundable American Opportunity Credits, false earned income credits and false child tax credits.
“Kemp abused her knowledge of the tax system to defraud the U.S. Government and her clients through tricking them into signing documents to support her fraudulent scheme,” said Goss. “IRS-CI is and always will be committed to uncovering all types of schemes used by unscrupulous return preparers to harm the American taxpaying public.”
According to the plea agreement, Kemp admitted she prepared 41 false income tax returns for clients with a combined tax loss to the United States of $429,131. Kemp also prepared a false 2015 income tax return for an undercover IRS agent posing as a taxpayer, claiming a false income tax refund of $5,546 when the tax return should have reflected a tax due and owing of $1,270.
Kemp further admitted in the plea agreement that she claimed a false income tax refund on her 2013 and 2014 personal income tax returns that resulted in a combined tax loss to the United States of an additional $96,608.
U.S. District Judge Sim Lake accepted the plea and has set sentencing for January 19, 2018. At that time, Kemp will face up to three years in federal prison and a possible $250,000 maximum fine. She was permitted to remain on bond pending that hearing.
IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorney Justin R. Martin is prosecuting the case.
Wilmington Physician Charged with Illegal Oxycodone DistributionRead the Press Release
WILMINGTON, Del. – Dr. Charles Esham, of Wilmington, Delaware, was charged today by Indictment with conspiracy to distribute oxycodone and distribution of oxycodone, announced Acting United States Attorney David C. Weiss.
The seventy-six count felony indictment alleges that Dr. Esham illegally prescribed over 7000 oxycodone pills to his co-conspirators and other individuals between December 2012 and February 2016. Esham, who previously maintained a medical office in Wilmington, is alleged to have issued the prescriptions outside of the course of professional practice and not for a legitimate medical purpose. Esham currently does not have an active Delaware medical license.
Esham faces up to twenty years in prison for each count.
“The charges against Dr. Esham illustrate our office’s commitment to combat those who contribute to the opioid crisis, whether they deal drugs on the street or out of a medical office," stated Acting U.S. Attorney Weiss.
Agencies contributing to the investigation include the following: the Drug Enforcement Administration, the Newark Police Department, the Delaware State Police, the New Castle County Police Department, the Maryland State Police, the Wilmington Police Department, Homeland Security Investigations, the University of Delaware Police Department, and the Philadelphia Police Department. It is being prosecuted by Assistant U.S. Attorneys Jennifer Hall and Shawn Weede.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
West Monroe man pleads guilty to illegally possessing four firearmsRead the Press Release
MONROE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a man from West Monroe pleaded guilty Tuesday to illegally possessing four firearms and ammunition.
Calvin E. Braswell Jr., 58, of West Monroe, La., pleaded guilty before U.S. Magistrate Judge Karen L. Hayes to one count of possession of a firearm by a convicted felon. The plea will be final when accepted by U.S. District Judge S. Maurice Hicks Jr. According to the guilty plea, law enforcement officers searched Braswell’s residence on February 22, 2017 after receiving a tip of drug activity there. During the search, officers found a High Standard, Model C, .22 caliber pistol; a Smith & Wesson Model CTF, .38 caliber revolver; a Heritage, Rough Rider, .22 caliber revolver; a Ruger, Target 22/45, .22 caliber pistol; and related ammunition. It is illegal for Braswell to possess firearms after being convicted of felonies on January 6, 2000 and July 17, 2008.
Braswell faces up to 10 years in prison, three years of supervised release, forfeiture of the weapons and a $250,000 fine. The court set a February 14, 2018 sentencing date.
This investigation and prosecution is part of Project Safe Neighborhoods, which is a Department of Justice initiative to promote firearm safety and to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.
The ATF, the Union Parish Sheriff’s Office and the Ouachita Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney Mary J. Mudrick is prosecuting the case.
Washington Man Charged with Fraud and Identity Theft Offenses Stemming from Credit Card Fraud SchemeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on September 21, 2017, a federal grand jury in New Haven returned a four-count indictment charging ELIJAH CHIN, 27, of Federal Way, Washington, with fraud and identity theft offenses.
CHIN appeared today before U.S. Magistrate Judge Donna F. Martinez in Hartford and entered a plea of not guilty to the charges. He was released on a $250,000 bond.
The indictment alleges that between approximately December 2016 and February 2017, CHIN was involved in a scheme in which credit card accounts were opened electronically using personal identifying information from Connecticut residents. After the credit card issuers mailed credit cards to the victims’ home addresses, CHIN took the cards directly from the victims’ mailboxes. CHIN then used the credit cards to purchase gift cards, pre-paid cards and other items at various retail establishments in Connecticut.
The indictment charges CHIN with two counts of wire fraud, which carry a maximum term of imprisonment of 20 years on each count, and two counts of aggravated identity theft, an offense that carries a mandatory consecutive term of imprisonment of two years.
U.S. Attorney Daly stressed that an indictment is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the U.S. Postal Inspection Service, Wilton Police Department and Ridgefield Police Department. The case is being prosecuted by Assistant U.S. Attorney Ray Miller.
Two from Northwest Ohio indicted for having methamphetamineRead the Press Release
Two men from Northwest Ohio were indicted in federal court for attempting to distribute methamphetamine, said U.S. Attorney Justin E. Herdman and FBI Special Agent in Charge Stephen D. Anthony.
Eric D. Mason, 28, of Lima, and Kasey J. Hutchinson, 25, of Findlay, were each indicted on one count of possession with intent to distribute methamphetamine. The men possessed approximately 54 grams of methamphetamine on Sept. 6, according to the indictment
If convicted, the defendants’ sentences will be determined by the Court after reviewing factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Federal Bureau of Investigation. The case is being handled by Assistant United States Attorney Thomas P. Weldon
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Two Raleigh County felons plead guilty to federal gun crimesRead the Press Release
BECKLEY, W.Va. – Two Raleigh County felons pleaded guilty today to federal gun charges, announced United States Attorney Carol Casto. Jerry Wayne Phillips, Jr., 40, of Beckley, entered his guilty plea to being a felon in possession of a firearm. In a separate prosecution, Don Edward Christy, Jr., 42, of Prince, also pleaded guilty to being a felon in possession of a firearm.
Phillips admitted that on June 23, 2016, he possessed six stolen firearms, including a Marlin, Model 30AW, .30/.30 caliber rifle; a Norinco, Model Type 56 SKS, 7.62x39mm rifle; a Mossberg, Model 500, 12 gauge shotgun; a Keystone Sporting Arms, Model Cricket, .22 caliber rifle; a Winchester, Model 190, .22 caliber rifle; and a Rossi (Taurus), Model S411220BS, .410/.22 caliber rifle. Phillips was prohibited from possessing any firearms under federal law because of a 1998 felony drug conviction in Raleigh County Circuit Court and a 2004 misdemeanor conviction for domestic violence.
In a separate prosecution, Christy admitted that on July 27, 2017, he sold an SCCY, Model CPX-2, 9mm pistol to a confidential informant working with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The gun deal took place in the parking lot of Walmart on North Eisenhower Drive in Beckley. Christy further admitted that on August 14, 2017, he sold a Taurus, Model PT 111, Millennium G2, 9mm pistol and approximately 7.8 grams of methamphetamine to a confidential informant working with the ATF. The gun and drug deal took place in the parking lot of AutoZone on Robert C. Byrd Drive in Beckley. Christy was prohibited from possessing any firearms under federal law because of two felony convictions in Raleigh County Circuit Court, one in 2006 for attempt to commit aggravated robbery and another in 2014 for breaking and entering.
Phillips and Christy each face up to 10 years in federal prison when they are sentenced on January 31, 2018.
The investigations were conducted by the ATF and the Beckley Police Department. The plea hearings were held before United States District Judge Irene C. Berger.
These cases were brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Two People Charged with Conspiracy to Distribute CocaineRead the Press Release
NEWARK, N.J. – Two people were charged in connection with a drug distribution conspiracy after U. S. Customs and Border Protection (CBP) officers found more than six kilograms of cocaine in neck pillows following their arrival at Newark Liberty International Airport, Acting U.S. Attorney William E. Fitzpatrick announced.
Rafael Francisco Bautista Perdomo, 20, and Brenda Alyssa Mancebo, 20, are each charged by complaint with one count of conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine. Both appeared today before U.S. Magistrate Judge Mark Falk in Newark federal court and were detained without bail.
According to documents filed in this case and statements made in court:
On Oct. 11, 2017, Perdomo and Mancebo arrived at Newark Liberty on an inbound flight from Las Americas International Airport in Santo Domingo, Dominican Republic. Each brought a neck pillow with them onto the flight as carry-on items.
During a routine baggage screening, CBP officers discovered approximately three kilograms of cocaine sewn inside each of the neck pillows that the defendants were carrying.
The charges carry a mandatory minimum penalty of 10 years in prison, a potential maximum penalty of life in prison, and a $10 million fine.
Acting U.S. Attorney Fitzpatrick credited officers of CBP, under the direction of Leon Hayward, Acting Director, New York Field Operations, and special agents U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), New Jersey Field Office, under the direction of Acting Special Agent in Charge Debra Parker, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Ari B. Fontecchio of the U.S. Attorney’s Office Criminal Division in Newark.
The charges and allegations in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Toledo man indicted for armed robbery of Jimmy John's sandwich shopRead the Press Release
A Toledo felon was indicted for using a firearm during the robbery of a Jimmy John’s sandwich shop last month, said U.S. Attorney Justin E. Herdman, Toledo Police Chief George Kral and Trevor Velinor, Special Agent in Charge of the ATF Columbus Field Division.
Mark Larkett, 29, was indicted on one count each of Hobbs Act robbery, use of a firearm during a crime of violence and being a felon in possession of a firearm.
Larkett used a firearm on Sept. 25 to rob the Jimmy John’s sandwich shop at 405 Adams Street in Toledo. He possessed a Smith & Wesson .40-caliber pistol on that date despite a prior conviction for robbery, according to the indictment
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
This case was investigated by the Toledo Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being handled by Assistant U.S. Attorney Thomas P. Weldon.
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The First “Operation Gun Grabber” Defendant Pleads Guilty to Firearms Trafficking in York CountyRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Kenge Lewis, III, age 24, of York, Pennsylvania, the first of the nine individuals indicted as a result of a joint ATF-York County Drug Task Force operation in York, Pennsylvania, pleaded guilty on October 11, 2017, before United States District Court Judge Sylvia H. Rambo to possession of a firearm by a convicted felon.
Lewis was indicted by a federal grand jury on March 29, 2017, and charged with possessing a .22 caliber I.J.A. & C.WKS revolver loaded with eight Winchester .22 caliber Super X cartridges. United States Magistrate Court Judge Susan E. Schwab arraigned Lewis on April 18, 2017, and determined he should be detained pending trial.
According to United States Attorney Bruce D. Brandler, Lewis sold a .22 caliber I.J.A. & C.WKS revolver that was loaded with eight Winchester .22 caliber Super X cartridges on January 23, 2017, in York. Lewis has previously been convicted of a felony offense and is prohibited from possessing firearms.
A sentencing date is not yet scheduled.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the York County Drug Task Force, the York City Police Department, York County Adult Probation Department, and the York County District Attorney’s Office. Assistant United States Attorney Meredith A. Taylor is prosecuting the case.
The case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 10 years of imprisonment, and includes a term of supervised release following imprisonment and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Texas man pleads guilty to illegally receiving more than $100,000 in disability payRead the Press Release
SHREVEPORT, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Texas man pleaded guilty Wednesday to not reporting more than $100,000 of income he received while on disability.
Jon Halbrook, 59, of Hemphill, Texas, pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of theft of government property. According to the guilty plea, Halbrook began receiving Social Security Administration (SSA) disability benefits in 2003, but it was later learned that Halbrook had been working from June 2012 to June 2016 at a Many, La., company. Halbrook did not report to the SSA as required by law that he was working during that time period and illegally received $101,616 in disability payments to which he was not entitled.
Halbrook faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set a sentencing date of February 22, 2018.
The Social Security Administration-Office of Inspector General conducted the investigation. Assistant U.S. Attorney Tennille M. Gilreath is prosecuting the case.
Texas Man Charged with Conspiracy to Obstruct Justice and Making False Documents, and False Statements in Relation to Blowout Preventer Testing on Oil Platform in Gulf of MexicoRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that KENNETH JOHNS, age 45, of Rosharon, Texas, was charged today in a three-count indictment in relation to the veracity of blowout preventer testing on an offshore oil and gas platform located at Ship Shoal 225 positioned on a federal mineral lease in the Gulf of Mexico. Specifically, JOHNS is charged with one count of conspiracy to obstruct justice and make false documents, and two counts of making false statements to agencies or departments of the United States.
According to court documents, on or about November 27, 2012, production and well workover operations were being conducted on the platform and the blowout preventer system had to be tested. A blowout preventer system is designed to ensure well control and prevent potential release of oil and gas and possible loss of well control.
On or about November 28, 2012, JOHNS and another worker created a false blowout preventer test. The next day when Bureau of Safety and Environmental Enforcement (BSEE) inspectors conducted a routine compliance inspection of the platform, the fabricated blowout preventer pressure test chart was presented to the BSEE inspectors with the expectation that it would be a passing test and the inspectors would not find the platform to be in non-compliance for failing to properly test the blowout preventer system. JOHNS signed the fabricated pressure chart and a schematic of the testing sequence as if he had actually been involved in the BOP testing.
During subsequent investigation of the veracity of the blowout preventer test by the Department of Interior, JOHNS lied and told investigators the BOP chart with his signature was pre-signed and that he had been testing a pump when he made the chart.
If convicted, JOHNS faces a maximum term of imprisonment of 5 years per count and/or a maximum fine of $250,000 per count.
Acting U.S. Attorney Evans praised the work of the Department of Interior-Office of Inspector General (Energy Investigations Unit) with assistance from the Investigations and Review Unit, Bureau of Safety and Environmental Enforcement and the Environmental Protection Agency-Criminal Investigation Division in investigating this matter. Assistant United States Attorney Emily K. Greenfield of the United States Attorney’s Office’s National Security Unit is in charge of the prosecution.
South Jersey Man Sentenced to 41 Months in Prison for Crack Distribution ConspiracyRead the Press Release
CAMDEN, N.J. – A Camden man was sentenced today to 41 months in prison for his role in a crack cocaine distribution conspiracy operating in Camden, Acting U.S. Attorney William E. Fitzpatrick announced.
Julian Dickerson, a/k/a “Juelz,” 30, previously pleaded guilty before U.S. District Judge Jerome B. Simandle to an information charging him with one count of conspiracy to distribute and to possess with intent to distribute cocaine base. Judge Simandle imposed the sentence today in Camden federal court.
According to documents filed in this case and statements made in court:
Dickerson admitted that he was a member of an organization that controlled the distribution of drugs, including crack cocaine, in and around the 1100 block of Lansdowne Avenue in Camden. Dickerson admitted that he was supplied crack cocaine by other members of the conspiracy, which he sold to customers in the area and to an undercover officer on several occasions.
In addition to the prison term, Judge Simandle sentenced Dickerson to three years of supervised release.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster; the Camden County Police Department, under the direction of Chief J. Scott Thomson; the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo; and the N.J. State Police, under the direction of Col. Rick Fuentes, with the investigation.
He also thanked the Camden County Sheriff’s Department, the Cherry Hill Police Department, and the U.S. Department of Homeland Security Investigations (HSI) for their assistance.
The government is represented by Assistant U.S. Attorney Gabriel J. Vidoni of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel: Michael E. Riley Esq., Mount Holly, New Jersey
Sentencings for October 10 - October 12, 2017Read the Press Release
Damien Anthony Jerome, a/k/a "Dey-Dey", 31, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on October 12, 2017, for distribution of methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. Jerome was arrested in Cheyenne, Wyoming. He received 211 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay $1,000.00 in restitution and a $200.00 special assessment. This case was investigated by the Cheyenne Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Misael Diaz, 31, of Omaha, Nebraska, was sentenced by Federal District Court Judge Scott W. Skavdahl on October 12, 2017, for being a felon in possession of a firearm and ammunition. Diaz was arrested in Gillette, Wyoming. He received 70 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $100.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
John James Gravelis, 35, of Casper, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on October 11, 2017, for conspiracy to distribute methamphetamine and use of a firearm during in relation to a drug trafficking crime. Gravelis was arrested in Casper, Wyoming. He received 120 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay a $200.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wyoming Division of Criminal Investigation.
Christopher Eugene Shaw, 32, of Cheyenne, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on October 11, 2017, for conspiracy to distribute a mixture or substance containing a detectable amount of methamphetamine and felon in possession of a firearm. Shaw was arrested in Cheyenne, Wyoming. He received 147 months of imprisonment, to be followed by four years of supervised release, and was ordered to pay $800.00 in restitution and a $200.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Raymond Marshal Fruits, 41, of Lincoln City, Oregon, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on October 10, 2017, on three counts for sale or transfer of a firearm to a prohibited person. Fruits was arrested in Portland, Oregon. He received 37 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $300.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jeffrey Dennis Hunsaker, Jr., 20, of Nashville, Tennessee (formerly of Douglas, Wyoming), was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on October 10, 2017, for possession of child pornography. Hunsaker was arrested in Casper, Wyoming. He received 48 months of imprisonment, to be followed by ten years of supervised release, and was ordered to pay $9,000.00 in restitution and a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children Task Force.
David Allen Labriola, 33, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on October 10, 2017, for possession of firearms in furtherance of a drug trafficking crime, felon in possession of a firearm, and theft of firearms from federal firearms licensee. Labriola was arrested in Cheyenne, Wyoming. He received 101 months of imprisonment, to be followed by five years of supervised release, and was ordered to pay a $300.00 special assessment. This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Scott woman pleads guilty to tax preparation scheme that led to more than $105,000 in IRS lossesRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Scott tax preparer pleaded guilty Tuesday to putting false information on clients’ tax forms that caused the IRS to pay out more than $105,000.
Vida Prejean Thomas, 44, of Scott, La., pleaded guilty before U.S. Magistrate Judge Carol Whitehurst to one count of aiding and assisting in the preparation of false documents under Internal Revenue laws. The plea will be final when accepted by U.S. District Judge Dee D. Drell. According to the guilty plea, the IRS began investigating Thomas’ tax preparation business after receiving a tip alleging fraudulent activity. They interviewed nine of her customers and found that their 2010 through 2013 personal income tax returns contained false information put there without their knowledge or authorization. The false returns Thomas prepared caused a loss of $105,813 to the IRS.
Thomas faces up to three years in prison, one year of supervised release and a $100,000 fine. The court set a January 2, 2018 sentencing date.
The IRS conducted the investigation. Assistant U.S. Attorney David C. Joseph is prosecuting the case.
Salvadoran National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON – A Salvadoran national was indicted today in federal court in Boston on a federal immigration charge.
Oscar Ayala-Herrera, 23, was indicted on one count of unlawful reentry of a deported alien.
According to court documents, on Sept. 18, 2017, law enforcement officers in Boston encountered Ayala-Herrera and determined him to be illegally present in the United States. Ayala-Herrera was previously deported on April 22, 2016.
Ayala-Herrera faces a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation proceedings upon completion of any sentence imposed. 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 and Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rochester Man Pleads Guilty to Receiving Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Amit Pandey, 41, of Rochester, NY, pleaded guilty to receipt of child pornography before U.S. District Judge Elizabeth A. Wolford. The charge carries a mandatory minimum penalty of five years in prison, a maximum penalty of 20 years and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Pandey was arrested in February 2017 by deputies with the Monroe County Sheriff’s Office, after he was discovered having sex in a parked vehicle with a 16-year old minor female. The defendant’s cell phone was seized during the arrest. A forensic analysis uncovered sexually graphic chats and images using the Kik application between Pandey and the minor female. One of the images was that of a person that Pandey knew was a minor.
The plea is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn and Special Agents with the Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
Sentencing is scheduled for January 20. 2018, at 11:00 a.m. before Judge Wolford.
Registered Sex Offender Sentenced to 35 Years in Prison for Possessing, Distributing and Attempting to Produce Images of Child Rape and MolestationRead the Press Release
A registered sex offender with multiple prior convictions was sentenced today in U.S. District Court in Seattle to 35 years in prison, and lifetime supervised release, announced U.S. Attorney Annette L. Hayes. RAYMOND EARL DEVORE, 44, of Arlington, Washington, was convicted at a bench trial of possession, receipt, and distribution of child pornography, attempted production of child pornography, and attempted enticement of a minor. At the sentencing hearing U.S. District Judge Thomas S. Zilly found that DEVORE qualified for the 35 year mandatory minimum sentence because of his prior convictions. “You weren’t just surfing the internet for child pornography,” said U. S. District Judge Thomas S. Zilly. “You were really a predator, obsessed with connecting with young teens.”
“This defendant has demonstrated repeatedly that he poses a grave risk to children,” said U.S. Attorney Annette L. Hayes. “Congress put in place significant mandatory minimum sentences for sex offenders with this kind of criminal history to ensure our communities are protected for as long as possible.”
According to records filed in the case, DEVORE came to the attention of law enforcement in January 2015, when he was living at a residence for sex offenders under the supervision of the Washington State Department of Corrections. Law enforcement learned that DEVORE had been sending text messages to a young teen-age girl in Oregon. Investigators seized DEVORE’s phone and discovered hundreds of images of child molestation and rape. The forensic examination also found a Dropbox account with additional images. The investigation also revealed that DEVORE used a messaging app to communicate with 87 different people, many of whom indicated they were teenagers. DEVORE attempted to lure some of them into providing him with sexually explicit images. DEVORE had sexually explicit discussions with two young teen-age girls, preying on them after learning they had been victims of sexual abuse.
DEVORE was convicted in Snohomish County Superior Court in 2003 of possessing and dealing depictions of minors engaged in sexually explicit conduct, and communicating with a minor for immoral purposes. DEVORE was convicted of failing to register as a sex offender in 2005, 2007, and 2011.
The case was investigated by the U.S. Secret Service, the Snohomish County Sheriff’s Office, the Arlington Police Department, the McMinnville Oregon Police Department and the Washington State Department of Corrections. The case was prosecuted by Assistant United States Attorneys Michael Dion, Kate Vaughan and Siddharth Velamoor.
Registered Sex Offender Convicted of Three Child Pornography ChargesRead the Press Release
HOUSTON – A 44-year-old Porter man has entered guilty pleas to distribution, receipt and possession of child pornography, announced Acting U.S. Attorney Abe Martinez. Eric Furzland is a sex offender who has been required to register since his conviction for indecency with a child in 1997 in Harris County.
Authorities believed Furzland was uploading and storing child pornography into a virtual storage account. He had been using a variety of online applications to chat with others about child pornography and trade materials. He later posted such materials to a Cloud storage service and made the link to his account available to at least one other person.
Law enforcement executed a search warrant at his residence, at which time they seized computer media and cellular phones. Forensic analysis of the phone, computer media and virtual storage accounts revealed 300 child pornography images and 2000 child pornography videos.
U.S. District Judge Alfred H. Bennett accepted the plea today and has set sentencing for Dec. 20, 2017. At that time, Furzland faces a mandatory minimum of 15 and up to 40 years imprisonment for the distribution and receipt of child pornography as well as another 10-20 years for possession. All charges carry the possibility of an additional $250,000 fine. Furzland also faces a maximum of life on supervised release during which the court can impose a number of special conditions designed to protect children and prohibit the use of the Internet. He will again be required to register as a sex offender for up to the rest of his life.
At a detention hearing held shortly after his arrest in April 2017, Furzland was found to be a flight risk and danger to the community. He has been in custody since that time where he will remain pending that hearing.
The FBI conducted the investigation.
Assistant U.S. Attorney Sherri Zack is prosecuting the case, brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by 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."
Previous Deported Alien Sentenced for Illegal Re-EntryRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on October 11, 2017, United States District Court Judge Robert D. Mariani sentenced Gregorio Marmolejo, age 44, of Mexico, to 13 months’ imprisonment for illegal re-entry into the United States.
According to United States Attorney Bruce D. Brandler, Marmolejo pleaded guilty to unlawfully returning to the United States after having been deported to Mexico in 2008. Marmolejo was removed from the country after a 1992 conviction in New York for an attempted sale of cocaine.
The case was investigated by the U.S. Immigrations and Customs Enforcement and Removal Operations (ERO) and the Pennsylvania State Police. Assistant United States Attorney Sean A. Camoni prosecuted the case.
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Poplar Grove Man Sentenced to 9 Years in Federal Prison for Selling MethamphetamineRead the Press Release
ROCKFORD — A Poplar Grove resident was sentenced today in federal court by U.S. District Judge Frederick J. Kapala for distributing 448 grams of methamphetamine.
ARMAN M. DINO, 46, who pleaded guilty to the charge on May 30, 2017, was sentenced to nine years in federal prison, to be followed by eight years’ supervised release.
According to the written plea agreement, on May 19, 2016, Dino was at his residence on Candlewick Lake when he sold more than a pound of methamphetamine to an individual who was cooperating with the government. After the cooperating individual paid Dino $10,000 and left, law enforcement agents executed a search warrant on Dino’s residence and seized an additional 37 grams of methamphetamine and $10,790 in cash. Dino was arrested that day.
The sentencing was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; John P. Selleck, Acting Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; Dennis A. Wichern, Special Agent-in-Charge of the Chicago Field Division of the Drug Enforcement Administration; Boone County Sheriff David Ernest; and Belvidere Police Chief Jan Noble.
The multi-jurisdictional investigation was conducted by the Belvidere/Boone County Metro Narcotics Unit, along with agents from the FBI, DEA and Rockford Police Department.
The government was represented by Assistant U.S. Attorney Joseph C. Pedersen.
PA Man Sentenced for Environmental Crimes in WilmingtonRead the Press Release
WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Lance A. Charen, a 52‑year old resident of Blue Bell, Pennsylvania, was sentenced today by U.S. District Court Judge Gregory M. Sleet to one year and one day incarceration for environmental crimes.
According to court documents and statements made in court, from September 2010, through January 2013, Charen was the branch manager of an oil recycling facility, located at 505 South Market Street in Wilmington, Delaware. International Petroleum Corporation of America (“IPC”) owned and operated the facility, which processed used oil and hydrocarbon-containing waste water and then sold the reprocessed petroleum to various companies for reuse. The facility had two components: oil recovery and waste water treatment. The facility’s petroleum processing activities generated waste water, which the company treated at its waste water portion of the facility prior to discharge into a sewer along Market Street owned by the City. It issued IPC a federally-enforceable Clean Water Act pretreatment permit which governed the types and concentrations of pollutants which IPC could discharge into the City’s sewer system. The pretreatment permit required IPC to take “representative” samples of its waste water on a monthly basis, to determine if it was complying with its permit limitations, and report its sampling results to the City every six months.
On June 22, 2017, Charen pled guilty to tampering with monitoring methods associated with IPC’s monthly samples. More specifically, Charen admitted that on sampling days he caused the facility to significantly reduce the volume of wastewater treated, because slowing the treatment process rendered it more effective. Additionally, Charen pled guilty to violating the Resource Recovery and Conservation Act (“RCRA”) by transporting hazardous waste without a hazardous waste manifest. In June and July 2012, Charen caused to be transported for disposal in South Carolina approximately 27 truck-loads or 500,00 pounds of sludge (“tank bottoms”) which had been removed from the facility’s storage tanks. The tank bottoms contained concentrations of benzene, barium, chromium, cadmium, lead, tetrachloroethene (also known as “PCE”), and trichloroethene (also known as “TCE”), which each served to classify the material as RCRA regulated hazardous waste.
IPC pled guilty to similar charges and was sentenced by Judge Sleet, on February 2, 1017, to a $1,300,000 fine and $2,200,000 in restitution to the City of Wilmington.
“Industrial wastewater can pose serious threats to public health and the environment, so it’s imperative that managers of companies, especially ones providing environmental services, honestly treat and dispose of it properly and sample and report pollutant concentrations honestly," said Acting U.S. Attorney Weiss. “Likewise, company managers must handle hazardous waste properly to ensure its proper treatment and disposal. The Department of Justice and EPA are committed to protecting human health and the environment for all Americans through strong enforcement of environmental laws. This conviction and sentence ensures that the defendant, the facility’s highest on-site manager, is held accountable.
“By falsifying sampling results and hiding the fact that he was shipping ignitable and hazardous waste, the defendant put public safety and the health of the environment at risk,” said Jennifer Lynn, Assistant Special Agent in Charge of EPA’s criminal enforcement program in Delaware. “This case demonstrates that EPA and its law enforcement partners are serious about protecting the health of our communities.”
This case was investigated by EPA’s Criminal Investigation Division. The City of Wilmington Department of Public Works and the DNREC Solid & Hazardous Waste Management Section assisted in the investigation.
The case was prosecuted by Special Assistant U.S. Attorney Martin Harrell, EPA Region 3, and Assistant U.S. Attorney Edmond Falgowski from the U.S. Attorney’s Office.
Nunda Man and Elmira Woman Charged with Production of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Bryan Matacale, 42, of Nunda, NY, and Ashley Warren, 26, of Elmira, NY, were arrested and charged by criminal complaint with production of child pornography. In addition, Matacale is also charged with receipt of child pornography, while Warren is also charged with distribution of child pornography. Matacale faces a minimum penalty of 25 years in prison and a maximum of 50 years because of prior convictions for sexual offenses. Warren faces at least 15 and up to 30 years in prison.Assistant U.S. Attorney Melissa M. Marangola, who is handling the prosecution of the case, stated that according to the complaint, in March 2017, Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI) received information from the Belgian Federal Police that a Belgian citizen identified individuals in the United States as being involved the possession and distribution of child pornography. The Belgian citizen told police that an individual he knew as "Bob" paid him money in exchange for images and videos of child pornography on several occasions. Subsequent investigation determined that “Bob” was defendant Maracle.
On August 28, 2017, a federal search warrant was executed at Matacale’s residence during which various computers and electronic media were seized by law enforcement officers. During an examination of the defendant’s cellular telephone, officers observed the contact name "Ashley Warren." In June 2017, defendant Warren reported to law enforcement officers that she believed Matacale might have inappropriately touched two underage female relatives. A review of text messages between Matacale and Warren revealed that Warren, at Matacale’s request, used her cellular telephone to take and send photos containing images of child pornography to Matacale.
The defendants made an initial appearance before U.S. Magistrate Judge Marian W. Payson and are being held.
The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly.
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.
Non-Indian Man Pleads Guilty to Sexually Abusing Navajo WomanRead the Press Release
ALBUQUERQUE – Mark Silva, 48, of Sundance, N.M., pled guilty this morning in federal court in Albuquerque, N.M., to a sexual abuse charge. Under the terms of his plea agreement, Silva will be sentenced to 60 months of imprisonment followed by a term of supervised release to be determined by the court. Silva will also be required to register as a sex offender.
Silva was arrested on April 4, 2017, on an indictment charging him with sexual abuse on May 1, 2016, on the Navajo Indian Reservation in McKinley County, N.M.
During today’s proceedings, Silva pled guilty to the indictment and admitted that on May 1, 2016, he sexually abused a Navajo woman. Silva further admitted that he engaged in the sexual act while knowing that the victim was incapable of declining participation in or communicating unwillingness to engage in the sexual act. Silva remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Gallup office of the FBI. The case is being prosecuted by Assistant U.S. Attorney Joseph M. Spindle pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Nigerian Citizen Sentenced for Defrauding More than $1.3 million Dollars from U.S. VictimsRead the Press Release
HOUSTON – A 25-year-old Nigerian man who resided in Houston has been ordered to federal prison for perpetuating a wire fraud scheme involving various Internet scams, announced Acting U.S. Attorney Abe Martinez. Wiseman Oputa pleaded guilty to one count of wire fraud April 20, 2017.
Today, U.S. District Judge Alfred H. Bennett, who accepted the guilty plea, handed Oputa the 36-month sentence. He was further ordered to pay a $1,319,103.72 in restitution to the numerous victims he defrauded. Not a U.S. citizen, Oputa is expected to face deportation proceedings following his release from prison.
Beginning Jan. 1, 2016, until Jan. 25, 2017, Oputa used counterfeit passports to open bank accounts in the greater Houston area. The passports contained photographs of Oputa but had different names and identification information. He then worked with others to lure victims into sending money into these bank accounts. These funds were obtained through a variety of Internet scams, including business email compromises, romance schemes and unauthorized intrusions into company email accounts. Checks or wire transfers were then sent from the company’s accounts payable to accounts Oputa or others he controlled. Oputa would then use the counterfeit passports to retrieve the fraudulently obtained funds.
Oputa was part of a scheme that defrauded numerous victims nationwide. In one instance in December 2016, Oputa opened an account at Regions Bank with a counterfeit Ghanaian passport as identification. Shortly thereafter, the account received a wire transfer of $40,000 from a victim who had been told to send money for taxes on money he had won in Spain. USAA Bank identified the fraudulent transfer and was able to recall this specific wire. Two additional wires were also recalled; however, the remaining victims’ wire transfers were not. The total amount of money the victims lost nationwide exceeded $1.3 million.
Oputa will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The U.S. Postal Inspection Service conducted the investigation along with Department of State – Diplomatic Security Service and the Secret Service. Assistant U.S. Attorney Suzanne Elmilady is prosecuting the case.