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21 November 2017
Department of Justice Awards over $500,000 to Four Oklahoma Cities to Hire Community Policing OfficersRead the Press Release
MUSKOGEE, OKLAHOMA – The Department of Justice has awarded more than $500,000 to four Oklahoma cities to enhance law enforcement, announced Mark A. Yancey, U.S. Attorney for the Western District of Oklahoma, and Brian J. Kuester, U.S. Attorney for the Eastern District of Oklahoma.
The recipients are:
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Dewar Police Department: $69,208
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Lindsay Police Department: $99,428
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City of Sallisaw: $95,569
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Shawnee Police Department: $250,000
These funds will enable Dewar, Lindsay, and Sallisaw to hire one additional police officer each. Shawnee will be able to hire two additional officers.
These grants are part of more than $98 million awarded to 179 law enforcement agencies across the United States through the Department of Justice’s Office of Community Oriented Policing Services, also known as “COPS.” These funds will support hiring 802 additional full-time law enforcement officers.
The Department of Justice’s national press release on these grants is available at https://www.justice.gov/opa/pr/attorney-general-sessions-announces-98-million-hire-community-policing-officers.
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Denaturalization Sought Against Five Child Sexual Abusers in Florida, Illinois, and TexasRead the Press Release
Today, the U.S. Department of Justice filed denaturalization lawsuits against five individuals who, according to the Department’s complaints, unlawfully procured their U.S. citizenship by concealing sexual abuse of minor victims during the naturalization process. The civil complaints were filed in federal court in the Southern District of Florida, the Northern District of Illinois, the Northern District of Texas (two cases), and the Southern District of Texas.
“Committing fraud in any immigration matter undermines the integrity of our immigration system, and is a betrayal of the American people’s generosity,” said Attorney General Jeff Sessions. “It is especially appalling when it also involves the sexual abuse of children. The Department of Justice has a duty to prosecute these crimes vigorously, particularly so for individuals who commit fraud in the naturalization process. I am confident that justice will be done in these cases, and I want to thank ICE, CBP, USCIS, our Civil Division, and our U.S. Attorneys’ offices for their hard work. This Department will continue to fight to denaturalize immigration fraudsters and to protect the American people from sex offenders.”
The cases were referred to the Department of Justice by the Department of Homeland Security’s U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection with investigative support from U.S. Citizenship and Immigration Services.
“I commend the DHS personnel working diligently to remove dangerous criminals from our streets,” said Acting Secretary of the Department of Homeland Security Elaine Duke. “Those who unlawfully procured citizenship by concealing crimes – especially sexual abuse of minors – should have their citizenship revoked.”
Under the Immigration and Nationality Act, the citizenship of a naturalized U.S. citizen may be revoked, and his or her certificate of naturalization canceled, if naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation.
The five defendants committed crimes of sexual abuse of minor victims prior to naturalizing. As the civil complaints allege, such crimes rendered the defendants ineligible for citizenship from the start. By willfully concealing child sexual abuse crimes, the defendants also independently rendered themselves subject to denaturalization.
A description of each of the five cases and the allegations of the United States follows:
Jorge Luis Alvarado
Jorge Luis Alvarado, 56, a native of Mexico, naturalized on March 9, 2000. Shortly before filing his naturalization application, Alvarado made unlawful sexual contact with a sixteen-year-old child. In March 2007, he pleaded guilty in Texas state court to committing indecency with a child by sexual contact, a second-degree felony. Alvarado was ordered to community supervision and to register as a sex offender. He has been residing in southern Texas. United States of America v. Jorge Luis Alvarado (S.D. Tex.).
Alberto Mario Beleno
Alberto Mario Beleno, 64, a native of Colombia, naturalized on Feb. 26, 2001. Before Beleno naturalized as a U.S. citizen, he committed lewd and lascivious acts on a six-year-old child. In 2001, less than three months after he naturalized, Beleno was arrested and ultimately pleaded guilty/nolo-contendere in Florida state court to committing felony lewd and lascivious exhibition and felony lewd and lascivious molestation on a minor in 1993 and 1994. Beleno was ordered to register as a sex offender for his conduct. His last known residence in the United States is in Miami, Florida. United States of America v. Alberto Mario Beleno (S.D. Fla.).
Eleazar Corral Valenzuela
Eleazar Corral Valenzuela, 49, a native of Mexico, naturalized on June 15, 2000. Prior to applying to naturalize, he sexually abused a minor child. In November 2000, after he had naturalized, Corral pleaded guilty in Illinois state court to aggravated criminal sexual abuse, a Class 2 felony. He was ordered to register as a sex offender. He has been residing in Aurora, Illinois. United States of America v. Eleazar Corral Valenzuela (N.D. Ill.).
Moises Herrera-Gonzalez
Moises Herrera-Gonzalez, 55, a native of Mexico, naturalized on Sept. 25, 1999. On Jan. 1, 1996, before he filed his naturalization application, Herrera-Gonzalez sexually assaulted and injured a six-year-old child. He filed his naturalization application in September 1996, nine months after the sexual assault. On July 8, 2002, after he naturalized, Herrera-Gonzalez pleaded guilty in Texas state court to committing bodily injury to a child, a third-degree felony. He was sentenced to five years in prison. He has been residing in Arlington, Texas. United States of America v. Moises Herrera-Gonzalez (N.D. Tex.).
Emmanuel Olugbenga Omopariola
Emmanuel Olugbenga Omopariola, 60, a native of Nigeria, naturalized on July 1, 2004. Before he filed his naturalization application in May 2003, Omopariola made unlawful sexual contact with a seven-year-old child. In 2015, after he naturalized, Omopariola pleaded guilty in Texas state court to Indecency with a Child – Sexual Contact, a second-degree felony. He was ordered to five years of community supervision and placed on the sex offender registry. He has been residing in Grand Prairie, Texas. United States of America v. Emmanuel Olugbenga Omopariola (N.D. Tex.).
These cases were investigated by ICE, CBP, and USCIS, and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). These cases are being prosecuted by OIL-DCS and its National Security and Affirmative Litigation Unit (NS/A Unit) with support from the U.S. Attorney’s Offices for the Southern District of Florida, Northern District of Illinois, Northern District of Texas, and Southern District of Texas.
The claims made in the complaint are allegations only, and there has been no determination of liability.
Denaturalization Sought Against Five Child Sexual Abusers in Florida, Illinois, and TexasRead the Press Release
WASHINGTON – Today, the U.S. Department of Justice filed denaturalization lawsuits against five individuals who, according to the Department’s complaints, unlawfully procured their U.S. citizenship by concealing sexual abuse of minor victims during the naturalization process. The civil complaints were filed in federal court in the Southern District of Florida, the Northern District of Illinois, the Northern District of Texas (two cases), and the Southern District of Texas.
“Committing fraud in any immigration matter undermines the integrity of our immigration system, and is a betrayal of the American people’s generosity,” said Attorney General Jeff Sessions. “It is especially appalling when it also involves the sexual abuse of children. The Department of Justice has a duty to prosecute these crimes vigorously, particularly so for individuals who commit fraud in the naturalization process. I am confident that justice will be done in these cases, and I want to thank ICE, CBP, USCIS, our Civil Division, and our U.S. Attorneys’ offices for their hard work. This Department will continue to fight to denaturalize immigration fraudsters and to protect the American people from sex offenders.”
The cases were referred to the Department of Justice by the Department of Homeland Security’s U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection with investigative support from U.S. Citizenship and Immigration Services.
“I commend the DHS personnel working diligently to remove dangerous criminals from our streets,” said Acting Secretary of the Department of Homeland Security Elaine Duke. “Those who unlawfully procured citizenship by concealing crimes – especially sexual abuse of minors – should have their citizenship revoked.”
Under the Immigration and Nationality Act, the citizenship of a naturalized U.S. citizen may be revoked, and his or her certificate of naturalization canceled, if naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation.
The five defendants committed crimes of sexual abuse of minor victims prior to naturalizing. As the civil complaints allege, such crimes rendered the defendants ineligible for citizenship from the start. By willfully concealing child sexual abuse crimes, the defendants also independently rendered themselves subject to denaturalization.
A description of each of the five cases and the allegations of the United States follows:
Jorge Luis Alvarado
Jorge Luis Alvarado, 56, a native of Mexico, naturalized on March 9, 2000. Shortly before filing his naturalization application, Alvarado made unlawful sexual contact with a sixteen-year-old child. In March 2007, he pleaded guilty in Texas state court to committing indecency with a child by sexual contact, a second-degree felony. Alvarado was ordered to community supervision and to register as a sex offender. He has been residing in southern Texas. United States of America v. Jorge Luis Alvarado (S.D. Tex.).
Alberto Mario Beleno
Alberto Mario Beleno, 64, a native of Colombia, naturalized on Feb. 26, 2001. Before Beleno naturalized as a U.S. citizen, he committed lewd and lascivious acts on a six-year-old child. In 2001, less than three months after he naturalized, Beleno was arrested and ultimately pleaded guilty/nolo-contendere in Florida state court to committing felony lewd and lascivious exhibition and felony lewd and lascivious molestation on a minor in 1993 and 1994. Beleno was ordered to register as a sex offender for his conduct. His last known residence in the United States is in Miami, Florida. United States of America v. Alberto Mario Beleno (S.D. Fla.).
Eleazar Corral Valenzuela
Eleazar Corral Valenzuela, 49, a native of Mexico, naturalized on June 15, 2000. Prior to applying to naturalize, he sexually abused a minor child. In November 2000, after he had naturalized, Corral pleaded guilty in Illinois state court to aggravated criminal sexual abuse, a Class 2 felony. He was ordered to register as a sex offender. He has been residing in Aurora, Illinois. United States of America v. Eleazar Corral Valenzuela (N.D. Ill.).
Moises Herrera-Gonzalez
Moises Herrera-Gonzalez, 55, a native of Mexico, naturalized on Sept. 25, 1999. On Jan. 1, 1996, before he filed his naturalization application, Herrera-Gonzalez sexually assaulted and injured a six-year-old child. He filed his naturalization application in September 1996, nine months after the sexual assault. On July 8, 2002, after he naturalized, Herrera-Gonzalez pleaded guilty in Texas state court to committing bodily injury to a child, a third-degree felony. He was sentenced to five years in prison. He has been residing in Arlington, Texas. United States of America v. Moises Herrera-Gonzalez (N.D. Tex.).
Emmanuel Olugbenga Omopariola
Emmanuel Olugbenga Omopariola, 60, a native of Nigeria, naturalized on July 1, 2004. Before he filed his naturalization application in May 2003, Omopariola made unlawful sexual contact with a seven-year-old child. In 2015, after he naturalized, Omopariola pleaded guilty in Texas state court to Indecency with a Child – Sexual Contact, a second-degree felony. He was ordered to five years of community supervision and placed on the sex offender registry. He has been residing in Grand Prairie, Texas. United States of America v. Emmanuel Olugbenga Omopariola (N.D. Tex.).
These cases were investigated by ICE, CBP, and USCIS, and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). These cases are being prosecuted by OIL-DCS and its National Security and Affirmative Litigation Unit (NS/A Unit) with support from the U.S. Attorney’s Offices for the Southern District of Florida, Northern District of Illinois, Northern District of Texas, and Southern District of Texas.
The claims made in the complaint are allegations only, and there has been no determination of liability.
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Dallas Man Sentenced to 210 Months in Federal Prison for Possessing Child PornographyRead the Press Release
DALLAS — Gregorio Alexandro Landeros, 30, of Dallas, Texas, was sentenced this morning by U.S. District Judge Sidney A. Fitzwater to 210 months in federal prison, following his guilty plea to one count of receipt of child pornography, announced U.S. Attorney Erin Nealy Cox of the Northern District of Texas.
According to the plea agreement factual resume filed in the case, in June 2015, the father of a fourteen year old minor female child, Jane Doe 1, reported that he had reviewed his daughter’s cellular telephone and noticed that a person named “Alex” had sent nude videos to the child and requested that the child send photos and videos of herself to him. Texts from “Alex” stated that he was 17 years old and that Jane Doe 1 had told “Alex” she was 15 years old. Text messages were also sent to Jane Doe 1 directing her on how to produce sexually explicit videos. Law enforcement determined that the cellular telephone number used by “Alex” belonged to Landeros.
A search warrant was obtained for Landeros’ cell phone and a review of the phone revealed images of child pornography of Jane Doe 1 that Landeros had the child produce and send to him.
On March 30, 2016, Landeros was arrested and consented to an interview, according to the plea agreement factual resume. Landeros admitted to using his cellular telephone to misrepresent himself as a teenage male to Jane Doe 1 and multiple other minor females in hopes of obtaining sexual images from them. Landeros solicited female minors because he felt they were the most likely to provide him with nude images. Landeros used the photographs of younger friends and random nude images from the internet to mask his identity while communicating with the children.
At the time of his arrest, Landeros possessed a total of 206 images and 22 videos of child pornography on his cellular telephone.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood leverages federal, state and local resources to better investigate, apprehend and prosecute individuals who sexually exploit children. Project Safe Childhood also prioritizes identifying and rescuing victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Federal Bureau of Investigation investigated. Assistant U.S. Attorney Shane Read prosecuted.
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Connie Forrest Imprisoned for Social Security FraudRead the Press Release
The United States Attorney for the District of Vermont announced that Connie Forrest, 57, of Pittsford, was sentenced today in United States District Court in Burlington to three months of imprisonment following her guilty plea to a charge of Social Security fraud. Chief U.S. District Judge Christina Reiss also ordered that Forrest serve a one-year period of supervised release following her prison term. As a condition of supervised release, Forrest must serve an additional three months of home confinement. Judge Reiss directed Forrest to surrender to the Bureau of Prisons on January 9 to begin serving her sentence.
Last June, Forrest pleaded guilty to a single-count information charging her with Social Security fraud. According to the information and court records, beginning in about 1995, Forrest became disabled and began receiving monthly Supplemental Security Income benefits from the Social Security Administration. The SSI program provides stipends to low-income individuals who are 65-years-old or older; are blind; or are disabled. Applicants for SSI have to certify that their income and assets are below threshold levels, and are under a duty to inform the Social Security Administration about changes in their financial circumstances that could affect their continuing eligibility for SSI benefits.
In her guilty plea, Forrest admitted that, between about 2009 and early 2016, she concealed from SSA the fact that she maintained employment as a nurse aide, and earned substantial income (more than $470,000) from that employment. As a result of Forrest’s deception, SSA paid her more than $79,000 in SSI benefits that she was not entitled to receive. Forrest did not report any of this income to the Internal Revenue Service, and did not pay any income taxes.
Last month, Forrest repaid the Social Security Administration in full for the benefits she unlawfully received.
This case was investigated by the Office of Inspector General of the SSA.
Forrest is represented by Peter Langrock. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Citizen of the Dominican Republic Sentenced to 42 Months in Federal Prison for Trafficking CocaineRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that CHRISTIAN PAULINO RODRIGUEZ, 47, a citizen of the Dominican Republic last residing in Stamford, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 42 months of imprisonment for trafficking cocaine.
According to court documents and statements made in court, in November 2016, RODRIGUEZ arranged for the sale and delivery of kilogram quantities of cocaine, for $31,000 per kilogram, to an individual working with law enforcement. DEA Task Force officers arrested RODRIGUEZ on November 15, 2016, after he coordinated the sale of approximately five kilograms of cocaine to the individual.
RODRIGUEZ has been detained since his arrest. On July 18, 2017, he pleaded guilty to one count of possession with intent to distribute, and distribution of, 500 grams or more of cocaine.
RODRIGUEZ faces immigration proceedings when he is released from prison.
This matter has been investigated by the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force and the Stamford and Norwalk Police Departments. The case is being prosecuted Assistant U.S. Attorney Joseph Vizcarrondo.
Cincinnati Man Sentenced to 200 Months for Fentanyl Distribution that Resulted in OverdoseRead the Press Release
CINCINNATI – Michael Chandler, 29, of Cincinnati, was sentenced in U.S. District Court to 200 months in prison for distributing fentanyl. As part of his sentence, Chandler was also ordered to pay more than $9,000 in restitution to cover the funeral costs for an overdose death that resulted from Chandler’s drug distributing.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, announced the sentence handed down by U.S. District Judge Michael R. Barrett.
This investigation was initiated by the Campbell County, Ky. Drug Task Force and investigated by the Hamilton County Heroin Task Force and Drug Enforcement Administration.
Investigators were alerted on April 20, 2016 to a suspected heroin overdose. According to the statement of facts in this case, the overdose was actually caused by the ingestion of fentanyl, which was traced back to Chandler as the source of supply. The next day, law enforcement conducted a controlled purchase of fentanyl from Chandler.
While executing a search warrant at a residence used by Chandler on Lowell Avenue in Cincinnati, investigators discovered nearly 644 grams of fentanyl, 28 grams of cocaine, a handgun, ammunition and other miscellaneous drug paraphernalia.
Chandler was indicted on the six drug distribution charges in June 2016 and pleaded guilty in May 2017.
U.S. Attorney Glassman commended the investigation of this case by the Drug Task Force and Criminal Chief Kenneth L. Parker, who is representing the United States in this case.
The Hamilton County Heroin Task Force was established in early 2015 by the Hamilton County Association of Chiefs of Police for the purpose of investigating all source dealers of heroin and other opiates that lead to overdoses and overdose deaths, and ultimately prosecute the source dealer on applicable State of Ohio and Federal charges. The Hamilton County Heroin Task Force has agents assigned from the Hamilton County Sheriff’s Office, Cincinnati Police Division, Amberley Village Police Department, Sharonville Police Department, Blue Ash Police Department, Ohio Bureau of Criminal Investigation, the Ohio State Highway Patrol, and the Drug Enforcement Administration’s Cincinnati Resident Office. The Task Force has formal partnerships with the Ohio Organized Crime Investigations Commission (OOCIC), Hamilton County Coroner’s Office, Hamilton County Prosecutor’s Office, The Drug Enforcement Administration, U.S. Attorneys Office in the Southern District of Ohio, Ohio Attorney General’s Office and all 44 police agencies in Hamilton County.
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Buffalo Man Pleads Guilty to Cocaine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Damar Currie, 42, of Buffalo, NY, pleaded guilty to possession with intent to distribute, and distribution of cocaine, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 30 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that between December 10, 2014, and March 31, 2015, the defendant possessed and distributed cocaine and crack cocaine. On three occasions, Currie sold cocaine in exchange for money. In addition, the defendant utilized 55 Krupp Avenue and 24 Palos Place, both in Buffalo, for the purposes of manufacturing, distributing and storing cocaine, and crack cocaine.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Sentencing is scheduled for February 28, 2018, at 12:30 p.m. before Judge Arcara.
Bryan Schroder Sworn in as United States Attorney for the District of AlaskaRead the Press Release
Anchorage, Alaska – Bryan Schroder has taken the oath of office to become the United States Attorney for the District of Alaska. Mr. Schroder was nominated by President Donald Trump on July 21, 2017, and confirmed by the U.S. Senate on Nov. 9, 2017. Today, he took the oath of office from Chief U.S. District Judge Timothy M. Burgess.
“I’m honored to have been selected as U.S. Attorney for the District of Alaska,” said Mr. Schroder. “Every day, the staff of the U.S. Attorney’s Office works diligently to protect the people of this state, and the resources of the United States. I am proud to have been their colleague for the past 12 years, and am excited to continue working with them as we move forward. I also look forward to continuing the essential working relationships with our federal, state, and local law enforcement partners. Finally, I want to thank my family and friends. I would not be here today without their support.”
As U.S. Attorney, Mr. Schroder is the top-ranking federal law enforcement official in the State of Alaska. He oversees a staff of 49 employees, including 24 attorneys and 25 non-attorney support personnel. The office is responsible for prosecuting federal crimes in the district, including crimes related to terrorism, public corruption, child exploitation, firearms, and narcotics. The office also defends the United States in civil cases and collects debts owed to the United States.
Mr. Schroder is also one of the nine U.S. Attorneys recently selected by Attorney General Sessions as a member of the Attorney General’s Advisory Committee (AGAC). AGAC represents the U.S. Attorneys and provides advice and counsel to the Attorney General on matters of policy, procedure, and management impacting the Offices of the U.S. Attorneys.
Prior to becoming U.S. Attorney, Mr. Schroder served as the Acting U.S. Attorney for the District of Alaska, and previously served as the First Assistant U.S. Attorney and Chief of the Criminal Division. Mr. Schroder has served in the U.S. Attorney’s Office for more than 12 years, prosecuting a variety of cases including violent crimes, drug distribution, gun crimes, fraud, tax evasion, environmental crimes, and fisheries and wildlife offenses. Mr. Schroder is a retired Captain in the U.S. Coast Guard, having served for 24 years. Mr. Schroder graduated from the U.S. Coast Guard Academy in 1981 and the University of Washington School of Law in 1991.
Brockport Kindergarten Teacher Arrested on Child Pornography Charges; Investigators Looking for Assistance from the PublicRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Roland Yockel, II, 30, of Hilton, NY, was arrested and charged by criminal complaint with receipt and distribution of child pornography. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Kyle P. Rossi, who is handling the case, stated that according to the complaint, in October 2016, Homeland Security Investigation (HSI) Special Agents in Phoenix became involved in an ongoing child pornography investigation with investigators from the New Zealand Department of Internal Affairs Te Tari Taiwheuna, Digital Child Exploitation Team (NZDCET). That investigation identified individuals who utilized the Internet based application “Chatstep.com” to receive and distribute child pornography.
On May 22, 2017 and July 24, 2017, a NZDCET investigator, acting in an undercover capacity, observed multiple individuals accessing Chatstep chat rooms, including an individual with the user name “Ryancba.” The individual also posted links to image files depicting suspected child pornography. The IP address traced back to the defendant, Roland Yockel, a kindergarten teacher in the Brockport Central School District. The sexually explicit images included pre-pubescent children
On November 21, 2017, a search warrant was executed at the defendant’s North Avenue residence. Agents recovered DVD’s containing numerous videos and images of child pornography. Yockel resides in the basement of the North Avenue residence with his parents and siblings and his parents provide babysitting services at the residence.
U.S. Attorney Kennedy emphasized that given the defendant’s access to children, HSI Special Agents working the case are seeking the public's help in order to determine whether there are additional minor victims.
"Based upon his access to children and the nature of the allegations in this case, we believe there is a possibility there are unidentified child victims," said Kevin Kelly, Special Agent-in-Charge for HSI Buffalo, which covers the region. "We encourage anyone in the Rochester area who may have information that could be relevant to the case to come forward."
Members of the public who have information related to this case are urged to contact the local HSI Buffalo Office at 716-464-5923. HSI victim-witness specialists will be available to assist any parent or guardian should they need victim-related resources.
The complaint is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly, and the New York State Police, under the direction of Major Richard Allen.
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.
Boynton Beach Officers Convicted of Using Excessive Force Against Arrestee and Obstruction of JusticeRead the Press Release
A federal jury on Friday convicted Boynton Beach Police Sergeant Philip Antico for obstruction of justice during a federal investigation into the excessive use of force by officers after an August 2014 traffic stop, announced Acting Assistant Attorney General John M. Gore of the Justice Department’s Civil Rights Division and Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida. Last week a federal jury convicted Officer Michael Brown of using excessive force and using a firearm during a crime of violence for repeatedly striking an arrestee multiple times while holding his firearm after that traffic stop.
Evidence presented at both trials established that after Brown used excessive force, he wrote a report omitting that he had kicked the arrestee and struck the arrestee while holding a gun in his hand. At trial, the government presented evidence that Brown’s report changed significantly over the course of a week. In February 2015, after the Federal Bureau of Investigation began a criminal investigation into the officers’ use of force, Antico, Brown’s supervisor, misled a federal agent who was conducting the investigation. Specifically, Antico falsely claimed that Brown’s report of the arrest and his use of force never changed, when in fact Antico approved the report knowing that Brown had made material changes to his report about his use of force after a video recording of the arrest came to light.
"Police officers must abide by the laws they enforce and protect the constitutional rights of all persons,” said Acting Assistant Attorney General Gore. “The department will continue to vigorously enforce our nation’s laws that ensure the civil rights of all persons are protected.”
“The U.S. Attorney’s Office, the Department of Justice and the FBI stand committed to holding those who betray the public trust accountable for their actions, while supporting the men and women who proudly uphold their duties to serve and protect the community,” said Acting U.S. Attorney Greenberg.
Brown faces a maximum penalty of up to 10 years imprisonment for the civil rights violation and 5 years imprisonment for his use of a firearm in the commission of that crime. Antico faces a maximum penalty of up to 20 years imprisonment. Sentencing will be set at a later date before U.S. District Judge Robin L. Rosenberg of the Southern District of Florida.
The case was investigated by the West Palm Beach Resident Agency of the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorney Susan Osborne of the Southern District of Florida and Trial Attorney D.W. Tunnage of the Civil Rights Division of the Department of Justice.
Boynton Beach Officers Convicted of Using Excessive Force Against Arrestee and Obstruction of JusticeRead the Press Release
A federal jury on Friday convicted Boynton Beach Police Sergeant Philip Antico for obstruction of justice during a federal investigation into the excessive use of force by officers after an August 2014 traffic stop, announced Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida and Acting Assistant Attorney General John M. Gore of the Justice Department’s Civil Rights Division. Last week a federal jury convicted Officer Michael Brown of using excessive force and using a firearm during a crime of violence for repeatedly striking an arrestee multiple times while holding his firearm after that traffic stop.
Evidence presented at both trials established that after Brown used excessive force, he wrote a report omitting that he had kicked the arrestee and struck the arrestee while holding a gun in his hand. At trial, the government presented evidence that Brown’s report changed significantly over the course of a week. In February 2015, after the Federal Bureau of Investigation began a criminal investigation into the officers’ use of force, Antico, Brown’s supervisor, misled a federal agent who was conducting the investigation. Specifically, Antico falsely claimed that Brown’s report of the arrest and his use of force never changed, when in fact Antico approved the report knowing that Brown had made material changes to his report about his use of force after a video recording of the arrest came to light.
“The U.S. Attorney’s Office, the Department of Justice and the FBI stand committed to holding those who betray the public trust accountable for their actions, while supporting the men and women who proudly uphold their duties to serve and protect the community,” said Acting U.S. Attorney Greenberg.
“Police officers must abide by the laws they enforce and protect the constitutional rights of all persons,” said Acting Assistant Attorney General Gore. “The department will continue to vigorously enforce our nation’s laws that ensure the civil rights of all persons are protected.”
Brown faces a maximum penalty of up to 10 years imprisonment for the civil rights violation and 5 years imprisonment for his use of a firearm in the commission of that crime. Antico faces a maximum penalty of up to 20 years imprisonment. Sentencing will be set at a later date before U.S. District Judge Robin L. Rosenberg of the Southern District of Florida.
The case was investigated by the West Palm Beach Resident Agency of the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorney Susan Osborne of the Southern District of Florida and Trial Attorney D.W. Tunnage of the Civil Rights Division of the Department of Justice.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Boise Man Sentenced for Clean Water Act ViolationRead the Press Release
BOISE – James Findlay, 33, of Boise, Idaho, was sentenced yesterday to one year of probation for negligent discharge of waste in violation of the Clean Water Act, U.S. Attorney Bart M. Davis announced.
On August 28, 2017, Findlay pleaded guilty to unlawfully discharging waste into the Boise sewage system between April 2012 and October 2014. According to Findlay’s plea agreement, he operated an entity called Sawtooth Fusion, LLC, which was based out of his rental apartment. Findlay obtained and stored quantities of depleted uranium and uranium powder. He had obtained some large chunks of depleted uranium from an aircraft salvage company. In his apartment, Findlay also chemically extracted uranium from various items he had acquired. He did this by soaking the items in muriatic acid. At the end of the process, he discharged the materials and acid mixture into the sink in his apartment, which was connected to the Boise Public Works sewage system. Due to their low pH and corrosive properties, the discharged materials violated Boise’s sewage system’s EPA-approved requirements and, as a result, the Clean Water Act. Findlay’s actions required a significant governmental response to address any potential public safety concerns. No widespread danger to the community was discovered.
“This case shows that EPA, along with our law enforcement partners, will vigorously pursue criminal behavior in order to protect our communities,” said Jeanne Proctor, Special Agent in Charge of EPA’s Criminal Investigation Division in the Pacific Northwest.
The case was investigated by the Environmental Protection Agency, the Department of Transportation, the Nuclear Regulatory Commission, the United States Postal Inspection Service, and the Federal Bureau of Investigation. Boise Fire Department and Boise Police were the first responders to the apartment complex where Findlay’s activities were discovered.
Billerica Man Pleads Guilty to Sexual Exploitation of ChildrenRead the Press Release
BOSTON – A Billerica man pleaded guilty today in federal court in Boston to sexually exploiting two young boys over a five and a half year period.
Philip Toronto, 43, pleaded guilty to two counts of sexual exploitation of children. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Feb. 15, 2018.
On Feb. 28, 2017, a search warrant was executed at Toronto’s home in response to multiple CyberTips that tracked the trade of child pornography over Skype to Toronto’s Billerica address. The search revealed evidence of child pornography during a preliminary on-scene review. Law enforcement confronted Toronto with evidence that some of the child pornography appeared to be homemade, and Toronto admitted to filming his sexual abuse of two young boys: a five-year-old boy as recently as September 2016; and a 10-year-old boy a few years earlier. More extensive forensic review of the devices seized from the home revealed surreptitious recordings of the children in various stages of undress as well as videos and images of Toronto raping and indecently assaulting each of the boys.
Acting United States Attorney William D. Weinreb; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and the Massachusetts State Police Internet Crimes Against Children Task Force made the announcement today. This case was investigated in conjunction with the Middlesex District Attorney’s Office, which indicted Toronto for the rape and assault of both boys. Assistant U.S. Attorney Anne Paruti, Weinreb’s Project Safe Childhood Coordinator and a member of his Major Crimes Unit, is prosecuting the case.
Belmont County man admits to drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – A Bridgeport, Ohio man has admitted to distributing cocaine, United States Attorney Bill Powell announced.
Phillip Weir, age 32 pled guilty to one count of “Aiding and Abetting Distribution of Crack Cocaine within 1,000 feet of a school.” Weir admitted to working with another to sell crack cocaine near Madison Elementary School in Wheeling, WV on September 22, 2016.
Weir faces up to 40 years incarceration and a fine of up to $2,000,000. 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 David J. Perri is prosecuting the case on behalf of the government. The Ohio Valley Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U. S. Magistrate Judge James E. Seibert presided.
Belen Man Sentenced to Six Years for Conviction on Federal Conspiracy, Fraud, Identity Theft and Theft of Mail ChargesRead the Press Release
ALBUQUERQUE – Michael Vallejos, 42, of Belen, N.M., was sentenced today in federal court in Albuquerque, N.M., to 72 months in prison followed by three years of supervised release for his conviction on conspiracy, fraud, identify theft and theft of mail charges. During the sentencing hearing, the Court found that Vallejos was a leader and organizer of the conspiracy and that his criminal conduct resulted in a loss of $95,000 to $150,000.
Vallejos and co-defendants Brandon Sanchez, 24, also of Belen, and Manuel Chavez, 36, Marissa Rios, 27, and Elisha Muller, 32, all of Albuquerque, were charged in a 16-count indictment filed on Dec. 7, 2016, with conspiracy and eight counts of bank fraud. The indictment also charged Vallejos with theft of mail, aggravated identity theft, and tendering of a stolen and altered postal money order, and Sanchez with theft of mail. According to the indictment, the defendants committed the crimes from Nov. 2014 through March 2016, in Bernalillo and Valencia Counties, N.M., by stealing mail from authorized U.S. Mail depositories and from other individuals who had stolen mail. The mail stolen included checks and personal identifiers of victims, which the defendants used to commit further crimes.
On July 25, 2017, Vallejos pled guilty to conspiracy, three counts of theft or receipt of stolen mail, two counts of bank fraud, two counts of aggravated identity theft and one count of tendering of an altered postal money order. In entering the guilty plea, Vallejos admitted the following:
- Between Nov. 12, 2014 and March 26, 2015, Vallejos conspired with others to cash stolen checks that he fraudulently endorsed by forging the legitimate account holder’s name and then split the proceeds from the cashed checks;
- On Nov. 11, 2014, Vallejos stole letters and mail from a U.S. Post Office in Jarales, N.M.;
- On Jan. 2, 2015, and Jan. 14, 2015, Vallejos possessed mail he knew had been stolen;
- On March 20, 2015, Vallejos personally cashed a stolen check that he had previously endorsed to himself;
- On March 26, 2015, Vallejos attempted to cash a stolen check, but the check was rejected;
- On April 6, 2016, Vallejos attempted to pass a stolen and altered postal money order at a U.S. Post Office; and
- On March 20 and 26, 2015, Vallejos used the identity of another person to carry out fraudulent check transactions.
Three of Vallejos’ four co-defendants have entered guilty pleas and have been sentenced. Sanchez pled guilty on April 18, 2017, and was sentenced on July 11, 2017. Chavez pled guilty on March 22, 2017, and was sentenced on June 29, 2017. Muller pled guilty on June 1, 2017, and was sentenced on Sept. 21, 2017.
Rios has yet to be arrested and is considered a fugitive. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The U.S. Postal Inspection Service investigated this case, which is being prosecuted by Assistant U.S. Attorney Nicholas J. Ganjei.
Attorney General Sessions Announces $98 Million to Hire Community Policing OfficersRead the Press Release
WASHINGTON — Attorney General Jeff Sessions today announced $98,495,397 in grant funding through the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The Attorney General announced funding awards to 179 law enforcement agencies across the nation, which allows those agencies to hire 802 additional full-time law enforcement officers.
“Cities and states that cooperate with federal law enforcement make all of us safer by helping remove dangerous criminals from our communities,” said Attorney General Jeff Sessions. “Today, the Justice Department announced that 80 percent of this year’s COPS Hiring Program grantees have agreed to cooperate with federal immigration authorities in their detention facilities. I applaud their commitment to the rule of law and to ending violent crime, including violent crime stemming from illegal immigration. I continue to encourage every jurisdiction in America to collaborate with federal law enforcement and help us make this country safer.”
Beth Drake, U.S. Attorney for the District of South Carolina, applauded the Department’s continued dedication to fighting violent crime at the local level and securing communities across South Carolina. “The COPS grants will result in the hiring of additional officers in Berkeley County, Myrtle Beach, and Spartanburg. Protecting our communities against violent criminals is paramount and we look forward to continuing these efforts and working closely with our state and local law enforcement partners.”
The Berkeley County Sheriff’s Department was awarded $1,000,000 for eight new officers. The City of Myrtle Beach was awarded $1,250,000 in grant funding for the hiring of ten new officers. The Spartanburg Department of Public Safety received $244,409 which will provide for the hiring of two new officers.
CHP provides grant funding directly to state, local, and tribal law enforcement agencies to support hiring additional law enforcement officers for three years to address specific crime problems through community policing strategies.
In September, the Justice Department announced additional priority consideration criteria for FY2017 COPS Office grants. Applicants were notified that their application would receive additional points in the application scoring process by certifying their willingness to cooperate with federal immigration authorities within their detention facilities. Cooperation may include providing access to detention facilities for an interview of aliens in the jurisdiction’s custody and providing advance notice of an alien’s release from custody upon request. Eighty percent of the awarded agencies received additional points based on their certifications of willingness to cooperate with federal immigration authorities.
The COPS Office awards grants to hire community policing officers, develop and test innovative policing strategies, and provide training and technical assistance to community members, local government leaders, and all levels of law enforcement. Since 1994, the COPS Office has invested more than $14 billion to help advance community policing.
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Attorney General Sessions Announces $98 Million to Hire Community Policing OfficersRead the Press Release
KNOXVILLE, Tenn. – On November 20, 2017, Attorney General Jeff Sessions announced $98,495,397 in grant funding through the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP). The Attorney General announced funding awards to 179 law enforcement agencies across the nation, which allows those agencies to hire 802 additional full-time law enforcement officers.
Two of these grants went to east Tennessee agencies. The Blount County Sheriff’s Department received $746,117 to fund six officers and the Hamilton County Sheriff’s Department received $250,000 to fund two officers.
“Both the Blount County and Hamilton County Sheriff’s Departments have a long history of working with the U.S Attorney’s Office to develop cases for successful federal prosecution. We are very pleased that they were chosen as two of 179 agencies across the country to receive these grants, which will allow them to hire additional officers and enhance their efforts to reduce crime in the Eastern District of Tennessee,” said U.S. Attorney Nancy Stallard Harr.
“Cities and states that cooperate with federal law enforcement make all of us safer by helping remove dangerous criminals from our communities,” said Attorney General Jeff Sessions. “Today, the Justice Department announced that 80 percent of this year’s COPS Hiring Program grantees have agreed to cooperate with federal immigration authorities in their detention facilities. I applaud their commitment to the rule of law and to ending violent crime, including violent crime stemming from illegal immigration. I continue to encourage every jurisdiction in America to collaborate with federal law enforcement and help us make this country safer.”
CHP provides grant funding directly to state, local, and tribal law enforcement agencies to support hiring additional law enforcement officers for three years to address specific crime problems through community policing strategies.
In September, the Justice Department announced additional priority consideration criteria for FY2017 COPS Office grants. Applicants were notified that their application would receive additional points in the application scoring process by certifying their willingness to cooperate with federal immigration authorities within their detention facilities. Cooperation may include providing access to detention facilities for an interview of aliens in the jurisdiction’s custody and providing advance notice of an alien’s release from custody upon request. Eighty percent of the awarded agencies received additional points based on their certifications of willingness to cooperate with federal immigration authorities.
The COPS Office awards grants to hire community policing officers, develop and test innovative policing strategies, and provide training and technical assistance to community members, local government leaders, and all levels of law enforcement. Since 1994, the COPS Office has invested more than $14 billion to help advance community policing.
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Algiers Woman Pleads Guilty to Theft of Nearly $300,000 in Social Security FundsRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that PAMELA THOMPSON, age 63, of Algiers, pled guilty last week to Theft of Government Funds.
According to court records, THOMPSON had continued to receive her mother’s Social Security Administration (“SSA”) benefits after her mother had died in 2008. SSA determined that the $2,973.20 of monthly benefits of THOMPSON’s mother were deposited directly into her bank account. The investigation revealed that THOMPSON had access to her mother’s account and spent $297,325.70 in SSA benefits that were intended for her mother.
THOMPSON faces a maximum penalty of ten years imprisonment, followed by up to three years of supervised release, and a $250,000.00 fine. Sentencing by U.S. District Judge Martin L.C. Feldman is scheduled for February 28, 2018.
Acting U.S. Attorney Evans praised the work of the Social Security Administration, Office of Inspector General. The prosecution of this case is being handled by Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba.
Ada Man Charged with Enticement of MinorRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma, announced that Floyd Preston Miller, III, age 38, of Ada, Oklahoma was arraigned in federal court on November 21, 2017.
The defendant is charged with Enticement of a Minor using the Internet, in violation of Title 18, United States Code, Sections 2422(b), punishable by not less than 10 years imprisonment, and up to a $250,000.00 fine or both, and an additional term of Supervised Release up to Life.
The Indictment alleges that from in or about November 2015, the exact date being unknown to the Grand Jury, until on or about February 8, 2016, in the Eastern District of Oklahoma, and elsewhere, the defendant, Floyd Preston Miller III, 36 years old, did use a facility and means of interstate commerce, the Internet, to attempt to knowingly persuade, induce, and entice an individual whom he believed was 15 years old, to engage in sexual activity for which a person can be criminally charged under Oklahoma State law.
The charges are a result of an investigation by the North Las Vegas Police Department and the Federal Bureau of Investigation.
The Honorable Steven P. Shreder, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant was remanded into the custody of the United States Marshal Service.
Assistant United States Attorney Edward Snow represented the United States.
Acting Manhattan U.S. Attorney Announces Charges Against Iranian National for Conducting Cyber Attack and $6 Million Extortion Scheme Against HBORead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Division of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an indictment charging BEHZAD MESRI, a/k/a “Skote Vahshat,” for his involvement in a scheme to obtain unauthorized access to the computer systems of Home Box Office, Inc. (“HBO”), steal proprietary data from those systems, and obtain $6 million worth of Bitcoin from HBO through extortion by threatening to disseminate stolen content. Subsequently, MESRI leaked the stolen content on the Internet, including but not limited to confidential information about upcoming episodes of the popular television series, “Game of Thrones,” and video files containing unreleased episodes of other television series created by HBO.
Acting Manhattan U.S. Attorney Joon H. Kim said: “Behzad Mesri, an Iranian national who had previously hacked computer systems for the Iranian military, allegedly infiltrated HBO’s systems, stole proprietary data, including scripts and plot summaries for unaired episodes of Game of Thrones, and then sought to extort HBO of $6 million in Bitcoins. Mesri now stands charged with federal crimes, and although not arrested today, he will forever have to look over his shoulder until he is made to face justice. American ingenuity and creativity is to be cultivated and celebrated -- not hacked, stolen, and held for ransom. For hackers who test our resolve in protecting our intellectual property -- even those hiding behind keyboards in countries far away -- eventually, winter will come.”
FBI Assistant Director William F. Sweeney Jr. said: “In the simplest of terms, he lurked in the alleyways of the Internet, identified the vulnerabilities of his victim, and pickpocketed their information from thousands of miles away. After he had successfully identified their proprietary secrets, he held their future for ransom. Today’s charges show that international cybercriminals are never beyond the reach of U.S. laws. This indictment unsealed today is the product of the countless hours put in by investigators in the FBI’s Cyber Division working alongside our prosecutors at the Southern District of New York U.S. Attorney’s office.”
According to the allegations contained in the Indictment[1] unsealed today in Manhattan federal court:
Background on Behzad Mesri
MESRI is an Iran-based computer hacker who had previously worked on behalf of the Iranian military to conduct computer network attacks that targeted military systems, nuclear software systems, and Israeli infrastructure. At certain times, MESRI has been a member of an Iran-based hacking group called the Turk Black Hat security team and, as a member of that group, conducted hundreds of website defacements using the online hacker pseudonym “Skote Vahshat” against websites in the United States and elsewhere.
Online Reconnaissance and Hack of HBO
Starting in approximately May 2017, MESRI conducted online reconnaissance of HBO’s computer networks and employees. Among other things, MESRI searched for access points to the network where employees and other authorized users could remotely access HBO’s computer systems.
From approximately May 2017 to July 2017, MESRI successfully compromised multiple user accounts belonging to HBO employees and other authorized users, and used those accounts to repeatedly obtain unauthorized access to HBO’s computer servers. Over the course of several months, MESRI used that unauthorized access to steal confidential and proprietary information belonging to HBO, which he then exfiltrated to servers under his control. Through the course of the intrusions into HBO’s systems, MESRI was responsible for stealing confidential and proprietary data belonging to HBO, including, but not limited to: (a) confidential video files containing unaired episodes of original HBO television programs, including episodes of “Barry,” “Ballers,” “Curb Your Enthusiasm,” “Room 104,” and “The Deuce;” (b) scripts and plot summaries for unaired programming, including but not limited to episodes of “Game of Thrones;”(c) confidential cast and crew contact lists; (d) emails belonging to at least one HBO employee; (e) financial documents; and (f) online credentials for HBO social media accounts (collectively, the “Stolen Data”).
Commencement of Extortion Scheme
Between approximately July 23, 2017, and July 29, 2017, MESRI engaged in a scheme to extort HBO by transmitting, or aiding and abetting the transmission of, the following email messages, each of which was sent to multiple HBO executives and employees:
- An email on July 23, 2017, that provided evidence of the hack and claimed, in substance and in part, that the sender had hacked into HBO’s computer systems and had stolen approximately 1.5 terabytes of HBO’s data.
- A second email on July 23, 2017, that claimed, in substance and in part, that the stolen data included full scripts and cast lists for the seventh season of the television series, “Game of Thrones,” and “precious data” for other shows, including shows that were as of that time unaired. The email further stated, in substance and in part, that HBO was a “difficult target” and that infiltration was accomplished through “a complex cyber operation[.]” The email included a threat to release the data publicly unless HBO paid a ransom of $5.5 million worth of Bitcoin. The email concluded with a custom image depicting the “Night King,” an undead character from “Game of Thrones,” and bearing the message, “Good luck to HBO.”
- An email on July 26, 2017, that stated, in substance and in part, that the ransom demand had been increased to $6 million worth of Bitcoin, and included additional threats to destroy data on HBO computer servers.
- An email on July 29, 2017, that included, among other things, information regarding Bitcoin addresses to which HBO should direct ransom payments, and provided a firm deadline of later that same day for HBO to begin making ransom payments if it wanted to prevent the public leak of the Stolen Data.
Release of Stolen Data
Starting on approximately July 30, 2017, and continuing through August 2017, MESRI caused portions of the Stolen Data to be publicly leaked over the Internet on websites that he controlled. Certain of the video materials that MESRI caused to be leaked included a graphic depicting the “Night King” that was superimposed at the bottom of the video. In addition, MESRI undertook efforts to promote the leaks of the Stolen Data on the Internet, including by, among other things, causing emails to be sent to members of the media regarding the leaks, and causing the creation of a Twitter profile to announce the leaks and provide evidence of the hack of HBO’s computer network.
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MESRI, 29, a citizen and resident of Iran, is charged with one count of wire fraud, which carries a maximum sentence of 20 years in prison; one count of computer hacking, which carries a maximum sentence of five years in prison; three counts of threatening to impair the confidentiality of information, each of which carries a maximum sentence of five years in prison; one count of aggravated identity theft, which carries a mandatory sentence of two years in prison; and one count of interstate transmission of an extortionate communication, which carries a maximum sentence of two years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the assigned judge.
Mr. Kim praised the outstanding investigative work of the FBI.
The case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Timothy T. Howard, Richard Cooper, and Jonathan Cohen are in charge of the prosecution, with assistance provided by Heather Alpino of the National Security Division’s Counterintelligence and Export Control Section.
The charges contained in the Indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
5-Time Illegal Alien Handed Significant Sentence for Trafficking MethRead the Press Release
BROWNSVILLE, Texas – A 44-year-old undocumented alien from Matamoros, Tamaulipas, Mexico, has been ordered to federal prison for possession with intent to distribute 4.4 pounds of methamphetamine at the time he attempted an illegal entry into the United States, announced Acting U.S. Attorney Abe Martinez. Juan Francisco Lopez-Hernandez pleaded guilty to both charges Aug. 23, 2016.
Today, U.S. District Judge Andrew S. Hanen ordered Lopez-Hernandez to serve a 137-month-term of imprisonment for the drug charges as well as 120 months for being an alien unlawfully found in the United States after deportation. The sentences will run concurrently. He was also ordered to serve an additional 12 months, three of which three will be served consecutively, for committing the offenses while on supervised release for a previous conviction of being an alien illegally in the country. At the hearing, the court heard evidence indicating Lopez-Hernandez had been previously convicted three other times for being an alien unlawfully found in the United States after deportation. He is again expected to face deportation proceedings following his total 140-month sentence.
On April 3, 2016, a Cameron County Sheriff’s Office deputy attempted to conduct a traffic stop in Brownsville. However, Lopez-Hernandez sped away and eventually crashed his vehicle and fled on foot. He was soon apprehended. Authorities conducted an inspection of his vehicle which resulted in the discovery of 4.4 pounds of methamphetamine. They also learned that Lopez-Hernandez was an undocumented alien who had previously been deported.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Angel Castro is prosecuting the case.
5 Elm Street Piru Bloods Gang Members Indicted for Conspiracy to Murder a Witness of the State of South CarolinaRead the Press Release
Columbia, South Carolina------U.S. Attorney Beth Drake announced today that Brian Willie Benson Lewis, age 23, of Bishopville, South Carolina, Demetrius Jamal Cummings, age 24, of Greenville, South Carolina, Zanadro Miltaliano Neal, age 33, of Greenville, South Carolina, Darius Jacoby Brown, age 28, of Piedmont, South Carolina, and Antonio Williamson, age 30, of Florence, South Carolina, were charged in a four-count indictment with conspiracy to attempt to murder a witness of the State of South Carolina, in aid of racketeering activity, a violation of Title 18, United States Code, Section 1959(a)(5); conspiracy to assault with a dangerous weapon in aid of racketeering activity, a violation of Title 18, United States Code, Section 1959(a)(6); and conspiracy to possess a firearm in furtherance of a crime of violence, a violation of Title 18, United States Code, Section 924(o).
It is alleged in the indictment that all five individuals are members of the Elm Street Piru Bloods. Cummings was also charged with possession of a firearm in furtherance of a crime of violence, a violation of Title 18, United States Code, Section 924(c). All five defendants were arraigned today in federal court. The maximum penalty Lewis, Neal, Brown, and Williamson could face is a fine of $250,000.00 and/or imprisonment for 20 years. The maximum penalty Cummings could face is a fine of $250,000.00 and/or imprisonment for Life. This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Joe Brewer of the Greenville office.
The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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20 November 2017
Winona Lake Man Charged with Drug and Gun OffensesRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Darin Devon Hurd, age 25, of Winona Lake, Indiana was charged with possession with intent to distribute heroin and possession of a firearm by a convicted felon.
According to documents in this case, Hurd’s girlfriend was found dead on September 5, 2017in a residence Winona Lake, Indiana. During a search of the residence, investigators found a loaded Llama 9 millimeter pistol, 21 unused syringes, a digital scale, narcotics packaging materials, and approximately 8.9 grams of heroin. Hurd admitted that he had used heroin with his girlfriend on the morning of September 5, 2017. He further admitted that he regularly sold heroin in the Winona Lake area, turning a profit of approximately $400.00 for every 7 grams of heroin sold. Hurd was previously convicted of Class D Felony Possession of a Schedule V Controlled Substance Without a Prescription in Allen County, Indiana.
“My Office is committed to reducing the availability of heroin on the streets of Northern Indiana,” U.S. Attorney Thomas Kirsch II said in a statement. “We are focusing the resources of the federal government to investigate and prosecute people who deal in illegal narcotics.”
The United States Attorney's Office emphasized that a Complaint is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Winona Lake Police Department, Warsaw Police Department, Kosciusko County Sheriff’s Department, Indiana State Police, and Kosciusko County Prosecuting Attorney’s Office. The case is being handled by Assistant U.S. Attorney Molly E. Donnelly.
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Williamson County Man Sentenced on Methamphetamine OffensesRead the Press Release
On November 20, 2017, Julian V. Rodriguez, 22, of Johnston City was sentenced to federal prison for methamphetamine offenses, Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today.
Rodriguez, who had previously pled guilty to one count of conspiracy to distribute more than 50 grams of methamphetamine and one count of distribution of methamphetamine, was sentenced to 188 months of imprisonment, four years of supervised release, and was fined $400.00. The offenses occurred between December 2016 and January 23, 2017, in Williamson County. Evidence at the plea and sentence hearings established that Rodriguez was involved with co-defendant Johnathan Long and others in the distribution of ice and marihuana. Ice is methamphetamine which has a purity level of at least 80%.
On January 22, 2017, Rodriguez sold ice to a confidential source that was working for law enforcement. When agents executed a search warrant at the Johnson City residence of Rodriguez and Long, they recovered multiple firearms, over 200 grams of ice, cannabis, and a large amount of U.S. currency. At sentencing, the judge found that Rodriguez was responsible for the distribution of 1.13 kilograms of ice and 224.90 kilograms of marihuana. Rodriguez received sentencing enhancements for possessing firearms and for maintaining a residence for the distribution of drugs. Co-defendant Long has pled guilty to his involvement in the methamphetamine and firearm offenses and is currently being held without bond pending a January 30, 2018, sentencing hearing.
The investigation was conducted by the Southern Illinois Enforcement Group and Drug Enforcement Administration. The Williamson County States Attorney’s Offices also assisted in the investigation.
Wethersfield Woman Involved in Debt Elimination Scheme is SentencedRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that URMILA SRI THAKUR, also known as Urmila Buddhu-Thakur and Indro Buddhu-Thakur, 73, of Wethersfield, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to four years of probation, the first four months of which THAKUR must serve in home confinement, for her role in a fraudulent debt elimination scheme.
According to court documents and statements made in court, from 2009 to June 2012, THAKUR’s former husband, Deowraj “Deo” Buddhu and their daughter, Sunita Buddhu, sold a debt elimination “program” to vulnerable individuals through various businesses, including Paradise Consulting Service, Hema, Inc., and Secured Redemption. In exchange for substantial fees, Deo Buddhu told victims about a little-known government fund that could be used to pay off their mortgages and other debts. In fact, no such fund exists. Buddhu instructed his victims to stop making payments on their mortgages, credit cards and other debts, and to stop paying their property taxes. He also provided his victims with fictitious promissory notes, which he called “bonds,” as well as other frivolous documentation, and advised his victims to use them to pay their debts.
On June 12, 2012, the day after Deo Buddhu’s arrest, THAKUR withdrew $75,000 from a certificate of deposit account that contained funds from the scheme. She also obtained several cashier’s checks, including one for $50,000 made payable to THAKUR, which she thereafter negotiated using accounts in the name of SDK SYS Solutions and TRK Consulting Services.
Judge Thompson ordered THAKUR to pay restitution of $335,072, which is the amount attributable to the underlying fraudulent debt elimination scheme.
On August 18, 2017, THAKUR pleaded guilty to one count of money laundering.
Deo Buddhu and Sunita Buddhu were previously convicted in Hartford federal court.
This matter was investigated by the Internal Revenue Service – Criminal Investigation Division and the U.S. Department of Housing and Urban Development – Office of Inspector General. The case was prosecuted by Assistant U.S. Attorneys John T. Pierpont, Jr. and Liam Brennan.
Vitamin Shop Owner Sentenced for Misbranded Drugs and Controlled Substance ConvictionRead the Press Release
CORPUS CHRISTI, Texas – A 33-year-old resident of Corpus Christi has been ordered to federal prison following his convictions of possessing a controlled substance with the intent to distribute and receiving a misbranded drug in interstate commerce, announced Acting U.S. Attorney Abe Martinez along with Special Agent in Charge Spencer E. Morrison of the Food and Drug Administration - Office of Criminal Investigations’ Kansas City Field Office. Elias Trevino Jr. pleaded guilty May 15, 2017.
Today, Senior U.S. District Judge John D. Rainey handed Trevino a 12-month term of imprisonment. In handing down the sentence, Judge Rainey noted that FDA regulations are in place to protect the public which Trevino repeatedly violated. “The is egregious conduct that I can’t ignore” he said. Trevino will also be required to serve three years of supervised release following completion of the prison term.
“Drugs labeled as natural dietary supplements that contain undeclared, dangerous ingredients present a serious risk to consumers’ health,” said Morrison. “We will continue to pursue and bring to justice criminals who endanger the public by offering and distributing such falsely labeled and dangerous drugs.”
Trevino was one of the owners of X2Zero, a store selling dietary supplements online and through stores located in Corpus Christi. The Food and Drug Administration (FDA) determined a number of products sold there as “herbal weight loss supplements” were found to contain misbranded or unapproved foreign drugs.
In 1997, the (FDA) approved a prescription drug containing sibutramine under the trade name Meridia for the management of obesity. In October 2010, the FDA requested the Meridia marketer to withdraw the drug from the United States market due to the health risks associated with sibutramine, including an increased risk of heart attack, stroke and death. On Dec. 21, 2010, at the request of the manufacturer, the FDA withdrew its approval of Meridia. Since that time, no drug containing sibutramine has been approved for human use in the United States.
At the time of his guilty plea, Trevino admitted he knowingly possessed and sold diet drugs containing sibutramine. He acknowledged he imported the drugs from China and sold them through both the X2Zero store in Corpus Christi and on the Internet in violation of the federal Food, Drug and Cosmetic Act.
Previously released on bond, Trevino was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FDA - Office of Criminal Investigations conducted the investigation. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuted the case.
United States Attorney Randolph J. Seiler Announces RetirementRead the Press Release
After 22 years with the United States Attorney’s Office, Randolph J. Seiler has announced his retirement. Seiler will bid farewell on December 31, 2017.
Randy Seiler was nominated in 2015 by President Barack Obama as the 41st United States Attorney for the District of South Dakota. He was sworn in on October 8, 2015, by U.S. District Judge Roberto Lange at a ceremony at the U.S. Courthouse in Pierre, South Dakota.
Prior to his appointment, he served as both Acting and Interim U.S. Attorney, and also as the First Assistant United States Attorney and the Tribal Liaison for the District of South Dakota. As First Assistant, Seiler was responsible for the day-to-day management and operation of the U.S. Attorney's Office. He also supervised the U.S. Attorney’s branch office in Pierre, where he was directly involved in prosecutorial matters and decisions. As Tribal Liaison, he consulted and coordinated with tribal justice officials and leaders, tribal communities, and victim advocates in an effort to address any issues in the prosecution of major crimes in Indian country in South Dakota.
Seiler has had a distinguished career as an Assistant U.S. Attorney. He spent 14 years prosecuting violent crime offenses. In 2001, he received the Department of Justice Attorney General’s Award for Fraud Prevention. In 2009, he became the first recipient of the Department of Justice Director’s Award for Superior Performance in Indian Country. In 2008, Seiler also served as Council to the Director in the Executive Office for U.S. Attorneys at the Department of Justice in Washington, D.C. He has been an instructor at the National Advocacy Center in Columbia, South Carolina, as well as a presenter at numerous conferences and trainings on various topics including violent crime, sexual assault, domestic violence, and legal issues in the prosecution of violent crime in Indian country.
Some highlights of Seiler’s tenure as U.S. Attorney include:
- The number of cases filed and defendants charged has risen significantly over the past three years, with approximately 200 more in both categories since 2014.
- Established a dedicated Civil Rights Section within the office, spearheaded by a Civil Assistant U.S. Attorney. In addition to enforcing federal civil rights statutes, the Civil Rights Section strives to educate community members about their rights under federal law by engaging in outreach programs throughout the state.
- Instrumental in the inception of the Guardians Project Task Force, which is designed to enhance federal law enforcement effort to expose fraud and public corruption in Indian country, by uniting the expertise and resources of the participating thirteen federal investigative agencies.
- Made drug prosecutions one of the office’s top priorities by committing the U.S. Attorney’s Office to work with and coordinate drug task forces across South Dakota, including the newly created Northeastern South Dakota Drug Team. The District of South Dakota is now among the top ten federal judicial districts for drug prosecutions, based on population. This is a marked change from ten years ago, when South Dakota was not in the top ranks.
- Revised the management structure of the SD U.S. Attorney’s Office to include more women and minorities, and has hired minorities as Assistant U.S. Attorneys and Special Assistant U.S. Attorneys, providing a more diversified approach to the offices’ priorities and focus.
- Created "Walk-In Wednesday", wherein a representative of the U.S. Attorney’s office is on-site at Pine Ridge each Wednesday. Seiler implemented this initiative to allow citizens to more easily communicate with the office concerning crime on the reservation, inquire about existing cases, or to obtain any information which might be sought by the citizenry.
- Extended outreach in Indian country by holding community listening sessions, meeting with Tribal Councils, appointing Tribal Prosecutors as Special Assistant U.S. Attorneys, and implementing a “First Friday” call with Tribal Chairmen.
- Initiated regular community based outreach meetings in Sioux Falls and Rapid City discussing such topics as civil rights, officer involved shootings, frauds and scams, immigration, and hate crimes.
- Started a reentry program in the U.S. Attorney’s Office to address the high rates of recidivism.
Seiler grew up in Herreid, South Dakota, served his country in the U.S. Air Force, which included a year-long tour in Vietnam, and graduated with honors from the University of South Dakota School of Law. He and his wife, Wanda, live in Fort Pierre, and have four grown children and two grandchildren.
Following his resignation as U.S. Attorney, Seiler plans to practice law in Fort Pierre, and pursue other opportunities.
Two Florida Residents Federally Indicted for Orchestrating $150 Million Brazilian Factoring SchemeRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced a federal indictment charging ANTONIO CARLOS DE GODOY BUZANELI, 56, and JOSE MANUEL ORDOÑEZ, JR., 46, in a $150 million investment fraud scheme involving purported Brazilian factoring. JULIO ENRIQUE RIVERA, 61, a third defendant involved in the conspiracy, was charged by felony information and pleaded guilty on November 9, 2017. BUZANELI and ORDOÑEZ were taken into custody on November 17, 2017, and made their initial appearance in U.S. District Court in Miami, Fla., that afternoon. A detention hearing for BUZANELI and ORDOÑEZ is scheduled for November 21, 2017, before Magistrate Judge John O’Sullivan at the C. Clyde Atkins U.S. Courthouse in Miami, Fla.
According to the indictment and documents filed in court, BUZANELI, ORDOÑEZ and RIVERA were the principals of Providence Holdings International, Inc., a company based in Key Biscayne, Fla. In 2009 and 2010, BUZANELI, ORDOÑEZ and RIVERA formed Providence Financial Investments, Inc. and Providence Fixed Income Fund LLC (collectively, along with Providence Holdings International, Inc., “Providence”) in order to raise money from investors.
According to the indictment and documents filed in court, from about 2010 until June 2016, Providence raised approximately $150 million from investors worldwide by representing that Providence would invest the money in Brazilian factoring. “Factoring” is a financial transaction in which accounts receivable are purchased at a discount. Providence’s marketing materials explained that in Brazil consumers write ten separate post-dated checks for $100 – one per month – to pay for $1,000 in retail items such as consumer electronics or groceries. The retailer then sells the post-dated checks to Providence for approximately $820, and Providence earns $180 over ten months as the checks mature. As a result, Providence claimed to make a 48 percent annual return on money invested in Brazil.
According to the indictment and documents filed in court, Providence raised more than $64 million from U.S. investors by employing a network of unlicensed brokers who sold promissory notes bearing annual interest rates between 12 percent and 24 percent. Investors were told their money would be used to factor accounts receivable in Brazil. BUZANELI, ORDOÑEZ and RIVERA provided the brokers with marketing materials to show investors that their money would be used to factor accounts receivable in Brazil. The materials falsely stated that funds would be used “for the sole purpose” of making loans to a Brazilian subsidiary of Providence “which will use the proceeds of the loan to acquire receivables or financial instruments such a post-dated checks and/or Duplicatas in the Brazilian Factoring Market.”
The indictment alleges that BUZANELI and ORDOÑEZ instead used a significant amount of the investors’ funds to pay purported profits to other investors and to make commission payments to brokers. BUZANELI and ORDOÑEZ also diverted investor funds to other companies they controlled, including an import/export company, a travel company, a credit restoration service, a catering company and a food truck operated by BUZANELI’S wife.
According to the indictment and documents filed in court, one of Providence’s brokers, an individual identified in the indictment as J.C., owned and operated a financial advisory firm in Saint Louis Park, Minn. Between July 2013 and January 2016, J.C. raised approximately $2.4 million for Providence from Minnesota investors by representing that Providence would invest their money in factoring in Brazil.
According to the indictment and documents filed in court, BUZANELI and ORDOÑEZ also opened Providence offices and affiliates around the world, including in London, Hong Kong, Taipei, Shanghai, Singapore, Vancouver, and Panama. In about 2011, for example, BUZANELI and ORDOÑEZ opened Providence-affiliated entities in the Bailiwick of Guernsey and in Hong Kong, through which they raised approximately $85 million from offshore investors by falsely representing they would use the investors’ money to invest in Brazilian factoring. In reality, Providence did not use the international investors’ money to purchase receivables in the Brazilian factoring market. Instead, much of the investors’ money was transferred to other Providence-controlled entities around the world as well as to bank accounts controlled by BUZANELI and ORDOÑEZ, where the money was used for payments unrelated to Brazilian factoring, including to pay commissions to U.S. brokers and to make interest payments to American investors in Providence’s U.S.-based entities.
According to the indictment and documents filed in court, on July 28, 2016, Providence Financial Investments, Inc. and Providence Fixed Income Fund LLC declared bankruptcy, claiming to have estimated assets between $0 an $50,000. As a result of the fraud scheme, Providence investors worldwide lost a total of more than $100 million.
This case is the result of an investigation conducted by the FBI, United States Postal Inspection Service, and the Minnesota Commerce Fraud Bureau.
Assistant U.S. Attorneys Kimberly A. Svendsen and Joseph H. Thompson are prosecuting the case.
Defendant Information:
ANTONIO CARLOS DE GODOY BUZANELI, 56
Coral Gables, Fla.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 12 counts
JOSE MANUEL ORDOÑEZ, JR., 46
Davie, Fla.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 12 counts
JULIO ENRIQUE RIVERA, 61
Pembroke Pines, Fla.
Convicted:
- Conspiracy to commit mail fraud, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Two Defendants Indicted for Multiple Bank RobberiesRead the Press Release
Jackson, TN – On November 20, 2017, a federal grand jury charged two defendants for allegedly robbing two banks in two separate counties in West Tennessee. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee announced the indictment today.
According to the indictment, on August 25, 2017, Gene Allen Howell, 36, of Selmer, Tennessee and Janet Nicole Thompson, 36, of Enville, Tennessee, robbed the Home Banking Company in Finger, Tennessee. Several months later, on October 14, 2017, the defendants robbed the Peoples Bank in Reagan, Tennessee. During each robbery, Howell brandished a weapon.
Howell and Thompson are charged with two counts of bank robbery. Howell is also charged with possessing and discharging a firearm during crime of violence. If convicted, each defendant will face up to 20 years in federal prison for each of the individual robbery counts. Howell will face up to life in federal prison for discharging firearms during the robberies. The defendants allegedly aided and abetted each other during the commission of the crime.
United States Attorney D. Michael Dunavant said: "Bank robbery committed with a firearm is an inherently violent offense, and threatens the very fabric of our financial institutions that provide commercial services to citizens and the community. These disturbing and brazen acts of violence will not be tolerated, and will be met with firm resolve, quick investigative action, and aggressive federal prosecution. By collaborating with federal, state and local partners, we will use every available resource to ensure the safety of our citizens and security of our banking institutions."
During the investigation, agents seized two pistols, including a .45 caliber. The ammunition in the pistol was the same make and manufacture as casings found at the Reagan Bank.
The case was investigated by the FBI;Henderson County Sheriff’s Office; and the McNairy County Sheriff’s Office. Assistant U.S. Attorney Matthew Wilson is prosecuting this case on the government’s behalf.
The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Texas Man Sentenced for Receipt and Possession of Child PornographyRead the Press Release
HOUSTON – A 33-year-old man from Duncanville has been ordered to prison following his convictions for receipt and possession of child pornography, announced Acting U.S. Attorney Abe Martinez. William Sonak pleaded guilty June 26, 2017.
Today, U.S. District Judge David Hittner imposed a total 96-month term of imprisonment. Following completion of his prison term, he will be on supervised release for the rest of his life during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet.
This case originated in September 2015 when the FBI received information from a general manager at a Computer Hospital store located in Houston that a laptop computer had been submitted for repairs that contained child pornography. While performing repairs, the technician came across multiple images of child pornography.
A forensic examination of the computer later revealed the laptop contained approximately 2,640 images and 811 videos of child pornography.
At the time of his plea, Sonak said that he was sorry for his actions.
Sonak will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation.
Assistant U.S. Attorney Julie N. Searle prosecuted the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Terminix Companies Sentenced for Applying Restricted-Use Pesticide to Residences in the U.S. Virgin IslandsRead the Press Release
Terminix International Company LP (TERMINIX LP) and U.S. Virgin Islands operation Terminix International USVI LLC (TERMINIX, USVI) were sentenced today for violations of the Federal Insecticide, Fungicide, and Rodenticide Act in the U.S. Virgin Islands, announced the Department of Justice and the Environmental Protection Agency.
The Virgin Islands pest control company illegally applied fumigants containing methyl bromide in multiple residential locations in the U.S. Virgin Islands, including the condominium resort complex in St. John where a family of four fell seriously ill in March 2015 after the unit below them was fumigated. According to the plea recommendation, TERMINIX LP and TERMINIX, USVI are to pay a total of $9.2 million in criminal fines, community service, and restitution payments. Under the agreed recommendation, TERMINIX, USVI will pay $4 million in fines and $1 million in restitution to the EPA for response and clean-up costs at the St. John resort. TERMINIX LP will pay a fine of $4 million and will perform community service related to training commercial pesticide applicators in fumigation practices and a separate health services training program.
“The sentences in this case reflect the serious nature of the defendants’ illegal actions and the unacceptable consequences of those actions,” said EPA Administrator Scott Pruitt. “This case should serve as a stark reminder that pesticides must be applied as intended and that those who ignore laws that protect public health will be held accountable by EPA and our law enforcement partners.”
“The tragic incident at issue in this case shows the extreme danger posed by the improper use of toxic pesticides,” said Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division. “Businesses using these products must take appropriate cautions to safeguard the public, or else the consequences can be devastating. We trust that the result in this case shows how imperative it is that users of these products take the time to review, understand, and employ appropriate techniques and uses.”
“This case demonstrates how critical it is to comply with environmental laws and regulations,” said Acting United States Attorney Joycelyn Hewlett for the District of the Virgin Islands. “An entire family suffered horrendous and life-altering injuries. We will continue to aggressively enforce environmental laws to help prevent something like this from ever happening again.”
In 1984, the EPA banned the indoor use of methyl bromide products. The few remaining uses are severely restricted and largely limited to commodity applications for quarantine and pre-shipment purposes. Pesticides containing methyl bromide in the U.S. are restricted-use due to their acute toxicity, meaning that they may only be applied by a certified applicator. Health effects of acute exposure to methyl bromide are serious and include central nervous system and respiratory system damage. Pesticides can be very toxic and it is critically important that they be used only as approved by EPA.
According to the information filed in federal court in the U.S. District Court of the Virgin Islands, the defendants knowingly applied restricted-use fumigants at the Sirenusa resort in St. John for the purpose of exterminating household pests on or about October 20, 2014, and on or about March 18, 2015. The companies were also charged with applying the restricted-use pesticide in 12 residential units in St. Croix and one additional unit in St. Thomas between September 2012 and February 2015.
According to the factual basis of the plea agreement, TERMINIX, USVI provided pest control services in the Virgin Islands including fumigation treatments for Powder Post Beetles, a common problem in the islands. These fumigation treatments were referred to as “tape and seal” jobs, meaning that the affected area was to be sealed off from the rest of the structure with plastic sheeting and tape prior to the introduction of the fumigant. Customers were generally told that after a treatment, persons could not enter the building for a two- to three-day period.
On or about March 18, 2015, two employees of TERMINIX, USVI, performed a fumigation pesticide treatment at the lower rental unit of Building J at Sirenusa in St. John. The upper unit in Building J was occupied by a Delaware family of four. Via various means, methyl bromide from the lower unit migrated to the upper unit of Building J, causing serious injury to and hospitalization of the entire family.
EPA regional staff responded immediately to the incident in St. John, securing the scene, performing testing, and addressing the contamination. Within days, the EPA sent out a pesticide use warning to pesticides applicators in Puerto Rico and the U.S. Virgin Islands, followed by a broader pesticide notice to regulators in all states, the British Virgin Islands, and to other Caribbean and Latin American countries.
After the government began its investigation, TERMINIX LP voluntarily ceased its use of methyl bromide in the U.S. and in U.S. territories. The government has notified the district court that the defendants have made full restitution to the Esmond family. The family is satisfied with the criminal resolution and has asked that their privacy be respected.
The case was investigated by EPA Criminal Investigation Division working cooperatively with the Virgins Islands government and, the Agency for Toxic Substances and Disease Registry.
Senior Litigation Counsel Howard P. Stewart of the Department of Justice, Environmental Crimes Section, and Assistant U.S. Attorney Kim L. Chisholm of the District of the Virgin Islands are prosecuting the case with assistance of Patricia Hick, EPA Region II Regional Criminal Enforcement Counsel.
St. Joseph In-home Health Care Worker Charged with Stealing $180,000 from Former ClientRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced today that a St. Joseph, Mo., in-home health care nursing assistant has been charged in federal court with stealing bank account information from one of her clients to illegally transfer more than $180,000 out of her account.
Ashley N. Garr, 32, of St. Joseph, was charged with wire fraud and aggravated identity theft in a complaint filed in the U.S. District Court in Kansas City, Mo., on Monday, Nov. 13, 2017. Garr’s preliminary hearing and detention hearing were held today and she was released on bond.
According to an affidavit filed in support of the federal criminal complaint, Garr worked for the victim, identified in court documents as “PLR,” as an in-home health care nursing assistant for approximately a year, leaving employment in 2015. Garr visited PLR in November 2016, and during that visit allegedly stole her bank account information from her purse or home office. In March 2017, PLR discovered that unauthorized payments were being made from her bank account, which began shortly after Garr’s visit.
The affidavit lists $181,065 that was transferred from PLR’s bank account in a series of 28 payments from Jan. 24 to March 31, 2017.
Larson cautioned that the charges contained in this complaint are simply accusations, and not evidence of guilt.This case is being prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by the FBI and IRS-Criminal Investigation.
South Charleston woman sentenced to federal prison for role in methamphetamine trafficking organizationRead the Press Release
CHARLESTON, W.Va. – A South Charleston woman was sentenced today to five days in federal prison for a methamphetamine crime, announced United States Attorney Carol Casto. Holly Doub, 34, previously pleaded guilty to aiding and abetting the distribution of methamphetamine.
Doub was part of a methamphetamine trafficking organization that involved several other defendants, including Carl “Yogi” Clark and Jamie Harmon. Clark and Harmon admitted that in January 2017, along with other individuals, they brought approximately four kilograms of crystal methamphetamine from Atlanta to Charleston. On January 12, 2017, officers with the Metropolitan Drug Enforcement Network Team executed a search warrant at a hotel room and found over 130 grams of methamphetamine, scales, baggies, and a gun. The methamphetamine was part of the approximately four kilograms Clark, Harmon, and others brought back from Atlanta, and it was lab-tested and confirmed to be over 90% pure. Harmon and Clark also admitted to distributing additional methamphetamine to confidential informants during controlled buys in March 2017. Doub admitted that she helped Clark during one of those buys on March 13, 2017, by handing the confidential informant methamphetamine. As part of their plea agreements, the defendants also admitted to the other drug trafficking activity charged in the indictment.
Clark and Harmon both pleaded guilty to distribution of methamphetamine and each faces up to 20 years in federal prison when they are sentenced on December 18, 2017.
The investigation was conducted by the Metropolitan Drug Enforcement Network Team, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorneys Haley Bunn and Eric P. Bacaj are responsible for the prosecutions. United States District Judge Joseph R. Goodwin imposed the sentence.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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South Bay Man Indicted by Federal Grand Jury for Making Death Threat Against United States Congresswoman Maxine WatersRead the Press Release
LOS ANGELES – A federal grand jury has charged a San Pedro man with threatening to murder United States Representative Maxine Waters in a phone call to her Capitol Hill office last month.
Anthony Scott Lloyd, 44, was charged with one count of threatening a United States official in an indictment filed Friday in United States District Court.
Lloyd was arrested in this case on November 9, one day after federal prosecutors filed a criminal complaint that accused Lloyd of making the threatening phone call to Rep. Waters’ office. According to the affidavit in support of the complaint, Lloyd called the Congresswoman’s office on October 22 and left a voicemail laced with expletives and epithets that uses the words “dead” and “kill” a total of four times.
Lloyd, who was freed on a $20,000 bond after his arrest, is scheduled to be arraigned on the indictment on December 7.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
If he were to be convicted of making the threat against Rep. Waters with the intent to interfere with the Congresswoman while she engaged in her official duties, Lloyd would face a statutory maximum sentence of 10 years in federal prison.
This case is being investigated by the Federal Bureau of Investigation, which received assistance from the United States Capitol Police, Threat Assessment Section.
This case is being prosecuted by Assistant United States Attorney Veronica Dragalin of the General Crimes Section.
Selling Meth Lands Corpus Men in Federal PrisonRead the Press Release
CORPUS CHRISTI, Texas – Two local men have been ordered to federal prison following their convictions of selling methamphetamine, announced Acting U.S. Attorney Abe Martinez. Carlos Cantu, 39, and Steven Douglas Schad, 29, previously pleaded guilty to one count of conspiracy to possess with intent to distribute methamphetamine.
Today, Senior U.S. District Judge John Rainey sentenced Cantu to 138 months imprisonment. Shad was sentenced in September to 120 months imprisonment. Both were also ordered to serve five years of supervised release.
As part of an investigation that began in March 2017, Cantu arranged for the sale of methamphetamine to an undercover federal agent. Over several weeks, the agent made three different purchases of pure methamphetamine from Cantu and others in amounts totaling approximately 153 grams.
Cantu will remain in custody pending transfer to a U.S. Bureau of Prisons to be designated in the near future.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation.
Assistant U.S. Attorney Lance Watt is prosecuting the case.
Second Defendant Sentenced in $3.5 Million Distribution SchemeRead the Press Release
CINCINNATI – Suraj Patel, 38, of Long Beach, Calif., was sentenced in U.S. District Court today for his role in a $3.5 million scheme involving distribution for Macy’s. As part of his sentence, Patel was ordered to pay approximately $925,000 in restitution to the company.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ryan L. Korner, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the sentence handed down today by U.S. District Judge Michael R. Barrett.
Rudy Rampertab, 46, of Ocoee, Fla., was sentenced in July to six months in prison for one count each of mail fraud and money laundering.
According to court documents, Rampertab was an employee of Macy’s from 1988 until 2010. Beginning in 1998, Rampertab managed Macy’s distribution center in Carson, Calif. and supervised the transport of merchandise to centers throughout the country.
Starting in July 2010, Rampertab began diverting the shipment of goods to Patel, who established several shipping companies. Ramptertab obtained approval for Patel’s companies to become third party vendors for Macy’s; however, Rampertab did not disclose his personal connection to the companies, which he helped operate. Rampertab also did not disclose to Macy’s that he personally profited from the operations of these vendors.
Between July and December 2010, Patel’s companies received more than $3.5 million in Macy’s shipping and packaging jobs. After paying expenses, Rampertab and Patel generated more than $900,000 in net profits from the diverted business.
Rampertab and Patel used the proceeds to purchase real estate and vehicles, including a 2010 Aston Martin costing $199,000.
Patel was sentenced to serve one day in prison, followed by six months of home confinement as part of his three years of supervised release. He pleaded guilty in September 2016 to mail fraud and money laundering.
U.S. Attorney Glassman commended the investigation of this case by the IRS Criminal Investigation and FBI, as well as Assistant United States Attorney Tim Mangan, who is representing the United States in this case.
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Rochester Man Pleads Guilty to Conspiracy to Sell OxycodoneRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- U.S. Attorney James P. Kennedy, Jr. announced today that Michael Ingham, 29, of Rochester, NY, pleaded guilty to conspiring to distribute a controlled substance before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $1,000,000.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Ingham was prescribed large quantities of oxycodone by his heath care provider. Beginning in October 2016 and continuing until his arrest in February 2017, Ingham conspired to sell his oxycodone pills to Daniel Volonino, Jr. and Ronald Lockwood, who, in turn, sold pills to others in the Rochester area.
Ronald Lockwood has been convicted and is awaiting sentencing. Charges are pending against Daniel Volonino, Jr. 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.
Today’s plea is the result of an investigation by Special Agents of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and investigators with the Medicaid Fraud Control Unit of the New York State Attorney General, under the direction of Eric Schneiderman.
Sentencing is scheduled for January 16, 2018, at 10:30 a.m. before Judge Larimer.
Rio Arriba County Man Pleads Guilty to Misdemeanor Offense for Failing to Follow Direction of U.S. Forest Service OfficerRead the Press Release
ALBUQUERQUE – Daniel K. Gonzalez, 35, of Gallina, N.M., pled guilty today in federal court in Albuquerque, N.M., to a misdemeanor offense of interfering with a U.S. Forest Service Officer under a plea agreement that recommends a sentence of 68 days of incarceration or time served.
Gonzalez was charged in a criminal complaint with resisting a U.S. Forest Service officer and recklessly operating a vehicle on July 24, 2017, in Rio Arriba County, N.M. According to the complaint, Gonzalez disregarded commands from the officer to stop his vehicle by fleeing from the officer and driving recklessly through the Santa Fe National Forest.
Gonzalez subsequently was charged in a misdemeanor information filed on Sept. 15, 2017, with resisting and interfering with a U.S. Forest Service Officer, and recklessly operating a vehicle on a National Forest Service System road on July 24, 2017, in Rio Arriba County.
During today’s proceedings, Gonzalez pled guilty to a misdemeanor charge of interfering with a U.S. Forest Service officer. In entering the guilty plea, Gonzalez admitted that on July 24, 2017, he was approached by a U.S. Forest Service officer who was engaged in the performance of his official duties in the protection of the National Forest System. After giving the officer his identifying information, the officer informed Gonzalez that there was an active arrest warrant for Gonzalez out of Bernalillo County, N.M., and that Gonzalez could not leave. Gonzalez admitted driving away and ignoring the officer’s commands to stop. After fleeing from the officer, Gonzales drove his vehicle onto Forest Road 103, turned into and drove through the forest and a barbed wire fence before getting back onto the State Highway.
This case was investigated by the U.S. Forest Service and is being prosecuted by Assistant U.S. Attorney Letitia C. Simms.
Reno Doctor Sentenced to 10 Years in Prison for Involuntary Manslaughter of Patient and Unlawful Distribution of Large Quantities of Prescription DrugsRead the Press Release
RENO, Nev. – Dr. Robert Gene Rand, a Reno physician who operated Rand Family Care, was sentenced today to 10 years in prison for involuntary manslaughter of a patient and unlawful distribution of oxycodone, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Rand, 54, was sentenced by U.S. District Judge Miranda M. Du. In addition to the prison term, Rand was ordered to pay $11,960 in restitution and a $25,000 fine. He was also sentenced to three years of supervised release.
According to the plea agreement, Rand admitted that he acted with gross negligence by prescribing an excessive amount of oxycodone to a patient in reckless regard for the patient’s life. Despite warnings by another doctor and the patient’s mother, the patient’s history and the patient being hospitalized, Rand continued to prescribe oxycodone to the patient which lead to the patient’s overdose and death in October 2015. Rand also admitted that, from March 2011 to April 2016, he prescribed a total of 23,645 oxycodone 30 mg pills without a legitimate medical purpose to a second patient. In addition to oxycodone, Rand prescribed the second patient Percocet, hydrocodone, fentanyl, as well as other substances, such as carisoprodol and alprazolam. The second patient did not undergo any toxicology tests and Rand allowed another person to pick-up the oxycodone prescriptions for the patient. Rand also warned the patient at one time that his prescriptions would no longer be filled by the pharmacies.
Rand and eight others, including Richard Winston West II, aka “Richie West,” the former manager of the Jones-West Ford dealership, were indicted on May 11, 2016, with federal prescription drug distribution charges. Co-defendants West, 40; Omar Ahsan Ahmad, 32; Joshua Ross Green, 34; Clint Mitchell Bloodworth, 41; Kathleen Griffin, 43; Alan Russel Martinez, 61; and Braden Kyle Riley, 40, all of Reno; and Ryan Daniel Smith, 40, of Carson City, all have pleaded guilty for their involvement in the prescription drug conspiracy and are awaiting sentencing.
This case was investigated by the DEA, FBI, IRS Criminal Investigation, Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Enforcement, Reno Police Department, Washoe County Sheriff’s Office, Carson City Sheriff’s Office, Susanville, California Police Department, Nevada Department of Corrections, Nevada Gaming Control, Nevada Department of Public Safety, Lyon County Sheriff’s Office, and the State of Nevada Division of Welfare, Office of Investigations and Recovery. The case was prosecuted by Assistant U.S. Attorney James E. Keller.
Nearly two million Americans abused or were dependent on prescription opioids in 2014, according to the Centers for Disease Control and Prevention (CDC). Overdoses involving opioids killed more than 28,000 people in 2014, and over one-half of those deaths were from prescription opioids. In 2016, more than 64,000 Americans died from drug overdoses including illicit drugs and prescription opioids - nearly double in a decade. For information on opioid overdose and how someone can manage pain without prescription drugs, go to http://www.cdc.gov/drugoverdose/opioids/index.html.
If you have a tip or information about illegal sales or distribution of prescription opioids, including oxycodone, hydrocodone, etc., by doctors and pharmacies call the DEA at 1-877-RX-Abuse (1-877-792-2873).
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Randolph Man Charged with Fentanyl-Related OffensesRead the Press Release
BOSTON – A Randolph man was charged in federal court in Boston for distributing fentanyl on Cape Cod.
Jorge Barros, a/k/a “Joey,” 24, was charged by criminal complaint, unsealed Friday, Nov. 17, 2017, with conspiracy to distribute 40 grams or more of fentanyl and possession of fentanyl with the intent to distribute.
According to court documents, investigators identified Barros as a fentanyl distributor on Cape Cod in September 2017. A cooperating source then made a series of recorded calls to Barros arranging for a fentanyl delivery. On Nov. 13, 2017, Barros attempted to deliver approximately 40 grams of fentanyl to the cooperator; however, before Barros could do so, he was arrested in Harwich, at which time law enforcement seized approximately 38 grams of fentanyl from Barros.
The charge provides for a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Kerry A. Gilpin, Superintendent of the Massachusetts State Police; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Cape and Islands District Attorney Michael O’Keefe made the announcement today. The investigation was led by the DEA Cape Cod Resident Office and the Massachusetts State Police - Cape & Islands District Attorney’s Office in conjunction with the Brewster, Harwich, Sandwich, Mashpee, Chatham, Yarmouth, and Barnstable Police Departments and the Barnstable County Sheriff’s Department. Assistant U.S. Attorney Eric Rosen of Weinreb’s Criminal Division 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.
Queensbury Oncologist and Office Manager Plead Guilty in Connection with Administering Unapproved DrugsRead the Press Release
ALBANY, NEW YORK – Dr. Vincent Koh, age 72, and his wife and office manager Milly Koh, age 63, of Queensbury, New York, each pled guilty today to receiving and delivering misbranded drugs, a misdemeanor.
The announcement was made by Acting United States Attorney Grant C. Jaquith; Jeffrey Ebersole, Special Agent in Charge of the New York Field Office of the Food and Drug Administration (FDA) Office of Criminal Investigations; and Scott J. Lampert, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG), New York Region.
According to plea agreements signed by the Kohs, Vincent Koh is a New York State-licensed medical doctor specializing in the treatment of cancer patients, with offices in Poughkeepsie and Glens Falls, New York. Milly Koh manages the practice, and is responsible for ordering the drugs that her husband prescribes.
From July 2010 through March 2012, the Kohs ordered various discount oncology drugs, from foreign sources, that Vincent Koh prescribed and administered to patients. These drugs had not been approved by the FDA for distribution or use in the United States, and their labeling did not contain information required by law. As such, these prescription drugs were misbranded, and illegal to receive and provide to patients in the United States.
In entering guilty pleas, Vincent Koh and Milly Koh admitted that they regularly ordered and delivered to patients a drug labeled Mabthera. Generally, Mabthera contains rituximab, the same active ingredient found in the FDA-approved drug legally used and marketed in the United States as Rituxan. However, the drug ordered by Vincent Koh and Milly Koh came from an unapproved, foreign source, and its label did not bear adequate directions for use and other information required by the FDA.
Vincent Koh and Milly Koh are scheduled to be sentenced on March 20, 2018 by United States Magistrate Judge Daniel J. Stewart. They each face up to 1 year in jail and 1 year of supervised release, and a maximum $100,000 fine. Each could also receive a sentence of probation. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the FDA Office of Criminal Investigations and HHS-OIG, and is being prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
Pimp Sentenced to 40 Years for Sex Trafficking by ForceRead the Press Release
NORFOLK, Va. – A man who resided in California and Virginia was sentenced today to 40 years in prison for sex trafficking by force, fraud, and coercion.
According to court documents, Naeem Lateef Odums, 40, of Clovis, California and Portsmouth, Virginia, forced “Jane Doe 1” to engage in commercial sex acts in California, Virginia, and five other states for nearly nine years. Odums used a combination of extreme physical violence, threats of violence, and threats of kidnapping Jane Doe 1’s children, and other forms of control to cause her to perform commercial sex acts. Court documents note that Odums kicked, punched, and hit Jane Doe 1 with chairs, ashtrays, and other objects – often while Jane Doe 1’s three small children watched, crying. Odums also choked Jane Doe 1, threatened her with a gun, and threatened to kill her and her mother.
Odums arranged commercial sex appointments for Jane Doe 1 using a website known to promote prostitution, and collected all the money Jane Doe 1 earned both from her appointments, as well as from her legitimate jobs. In January 2017, Jane Doe 1 was hospitalized after Odums broke three of her ribs and punctured her lung, then forced her to go on a commercial sex “date” and drove her to the customer’s location. The “date” declined to engage in commercial sex with Jane Doe 1 given her injuries, but paid her for the appointment nonetheless.
Court documents also identify two additional women, Jane Does 2 and 3, in the Tidewater area that Odums attempted to trick into performing commercial sex by posting sexually explicit photographs of them on websites known to promote prostitution. The women had sent Odums these racy photographs because both believed they were in a romantic relationship with him. Neither Jane Doe 2 nor 3 knew, or consented to, Odums posting them in this way.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk; and Tonya D. Chapman, Chief of Portsmouth Police Department; made the announcement after sentencing by U.S. District Judge Arenda L. Wright Allen. Assistant U.S. Attorney V. Kathleen Dougherty prosecuted the case.
This case was investigated by the Hampton Roads Human Trafficking Task Force.
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-46.
Oshkosh Man Faces Life Sentence for Fentanyl Distribution Resulting in Woman's DeathRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on November 20, 2017, Anthony R. Chaplin (age: 40) of Oshkosh, Wisconsin, appeared in federal court in Green Bay and pleaded guilty to distribution of fentanyl and methamphetamine resulting in the death of another, in violation of Title 21, United States Code, Sections 841(a)(1) and (b)(1)(C).
In pleading guilty, Chaplin admitted that he was responsible for selling an Appleton area woman fentanyl and methamphetamine in May of 2017. Chaplin received the fentanyl from his drug supplier in Oshkosh and, later, sold a portion to the deceased. The supplier’s batch of fentanyl has been linked by law enforcement to four additional overdose deaths in the Fox Valley. Investigation into those overdose deaths continues.
Fentanyl is an opioid estimated to be 50 to 100 times more powerful than morphine. The charge to which Chaplin pleaded guilty carries a mandatory sentence of 20 years imprisonment and up to a life sentence. Chaplin is scheduled to be sentenced on February 20, 2018 before Chief Judge William C. Griesbach. He remains incarcerated pending that hearing.
The distribution of “fentanyl, and other controlled substances presents an urgent threat to the safety and well-being of communities in the Eastern District of Wisconsin” according to U.S. Attorney Haanstad.
The case was investigated by the Appleton Police Department, the Winnebago County Sheriff’s Office, the Fond du Lac County Medical Examiner’s Office, and the Wisconsin State Crime Laboratory. The case is being prosecuted by Assistant United States Attorney Daniel R. Humble.
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For Additional Information Contact:
Public Information Officer Dean Puschnig 414-297-1700
Orange City Man Pleads Guilty to Manufacturing Anabolic SteroidsRead the Press Release
A man who manufactured anabolic steroids pled guilty on November 20, 2017, in federal court in Sioux City.
James Nhan, 23, from Orange City, Iowa, was convicted of one count of manufacturing anabolic steroids, which are Schedule III controlled substances.
In a plea agreement, Nhan admitted that, from late 2014 until December 15, 2015, he manufactured anabolic steroids and intended to distribute some of the steroids to various customers. In December 2015, law enforcement executed a search warrant on Nhan’s residence and seized numerous vials containing anabolic steroids, as well as laboratory equipment, packing material, labels, and sheets of papers listing the names and addresses of individuals who had purchased or intended to purchase anabolic steroids.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Nhan remains free on bond pending sentencing. Nhan faces a possible maximum sentence of 10 years’ imprisonment, a $500,000 fine, $100 in special assessments, and at least 2 years of supervised release following any imprisonment.
The case is being prosecuted by Special Assistant United States Attorney Ajay Alexander and was investigated by the Federal Bureau of Investigations, Drug Enforcement Administration, Iowa Division of Criminal Investigations, Sioux County Sheriff’s Office, Orange City Police Department, Sioux County Attorney’s Office, Department of Homeland Security, Nebraska State Patrol, and Food Drug Administration – Office of Inspector General.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-4050-LTS.
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Operator of Purported Durable Medical Equipment Providers Pleads Guilty to Health Care Fraud Charges for Role in Fraud SchemeRead the Press Release
Earlier today, in federal court in Brooklyn, Suzanna Meliksetyan, an operator of multiple purported durable medical equipment (DME) companies pleaded guilty to one count of conspiracy to commit health care fraud for her role in a scheme to defraud Healthfirst, a non-profit, New York-based health maintenance organization that administers Medicare Advantage plans and New York Medicaid Managed Care plans. The proceeding was held before United States District Judge Allyne R. Ross.
Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Kenneth A. Blanco, Acting Assistant Attorney General of the Justice Department’s Criminal Division, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and Scott J. Lampert, Special Agent-in-Charge, United States Department of Health and Human Services Office of Inspector General’s (HHS OIG), Office of Investigations, announced the guilty plea.
As part of her guilty plea, Meliksetyan admitted that she operated a series of purported DME companies that did not in fact provide equipment to any beneficiaries. The defendant further admitted that she and others called Healthfirst, pretending to represent vendors in Healthfirst’s network. The companies Meliksetyan operated submitted almost $1 million in false claims to Healthfirst.
This case was investigated by the FBI and HHS OIG. Trial Attorney Andrew Estes of the Criminal Division’s Fraud Section is prosecuting the case.
Defendant:
SUZANNA MELIKSETYAN
Age: 28
Residence: Gaithersburg, Maryland
E.D.N.Y. Docket No. 17-CR-351 (ARR)
Operator of Purported Durable Medical Equipment Providers Pleads Guilty to Health Care Fraud Charges for Role in Durable Medical Equipment Fraud SchemeRead the Press Release
An operator of multiple purported durable medical equipment (DME) companies pleaded guilty today to fraud charges for her role in a scheme to defraud Healthfirst, a non-profit, New York-based health maintenance organization that administers Medicare Advantage plans and New York Medicaid Managed Care plans.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Bridget M. Rohde of the Eastern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office and Special Agent in Charge Scott Lampert of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Office of Investigations made the announcement.
Suzanna Meliksetyan, 28, of Gaithersburg, Maryland, pleaded guilty to one count of conspiracy to commit health care fraud before U.S. District Judge Alynne R. Ross of the Eastern District of New York. Sentencing has been scheduled for March 21, 2018 before Judge Ross.
As part of her guilty plea, Meliksetyan admitted that she operated a series of purported DME companies that did not in fact provide equipment to any beneficiaries. She further admitted that she and others called Healthfirst, falsely representing themselves as vendors in Healthfirst’s network. The companies Meliksetyan operated submitted almost $1 million in false claims to Healthfirst, and she admitted to receiving more than $300,000 in connection with those false claims.
This case was investigated by the FBI and HHS-OIG. Trial Attorney Andrew Estes of the Criminal Division’s Fraud Section is prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 3,500 defendants who have collectively billed the Medicare program for more than $12.5 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Omaha Man Convicted of Robbery and Firearms ChargesRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Preston Pope, age 27, of Omaha, Nebraska, was found guilty by a jury yesterday of robbery and firearms charges occurring in August 2015. The federal trial started November 14, 2017 in front of U.S. District Judge Laurie Smith Camp.
On August 11, 2015, at approximately 12:43 a.m., the Walgreen’s at 3001 Dodge Street was robbed by two masked men brandishing firearms. They held the cashier and a customer at gunpoint before leaving the store with over $500. At approximately 5:42 p.m. the same day, two people matching the same description robbed the U.S. Bank, inside the No Frills grocery store at 4240 South 50th Street, also covering their faces and brandishing firearms. After threatening the tellers, they left the bank with over $9,000. Later that day a vehicle that had been stolen the night before was found about two miles from the bank. Inside the vehicle was a fully loaded .40 caliber gun magazine.
On August 14, 2015, Omaha Police officers in the area of Miller Park, tried stopping a vehicle for having a broken taillight. The vehicle fled from the officers. Another officer stayed in the area and approximately a mile from the attempted traffic stop, noticed a man running through yards jumping fences. The officer was able to make contact with the subject. He was identified as Preston Pope. Officers traced the route Pope had taken and located a loaded .40 firearm off the side of the road that appeared to have been recently tossed there. The magazine and bullets found in the stolen vehicle on August 11 match the magazine and bullets found in the gun recovered on August 14. The gun also matched the gun used in the Walgreen’s and U.S. Bank robberies.
Officers got a search warrant for Pope’s brother’s house, where Pope had been staying. Inside the house officers located hundreds of dollars of new clothes, paid for in cash, and the box for the firearm found hours before. There was a vehicle in the driveway that had been purchased on August 13, for $2300.00 in cash, from Edwards Auto in Council Bluffs, by Pope’s sister. Officers went to Edwards and found that one of the $10 bills used to pay for the vehicle had been taken in the U.S. Bank robbery. When his sister didn’t have enough money for the vehicle, Pope gave her the difference. Further investigation led officers to discover Morris paid $2000.00 in cash for a vehicle from Edward’s Auto on August 12, 2015.
Forensic analysis was done on the stolen vehicle located August 11, 2015, and Jeron Morris’s DNA was found inside. Forensic analysis was done on the gun and it was found to contain Pope’s DNA. Pope is a convicted felon and as such is prohibited by law from possessing a firearm.
Pope was convicted of robbing the Walgreen’s, brandishing a firearm during that robbery, robbing the U.S. Bank, brandishing a firearm during that robbery and felon in possession of a firearm. Sentencing has been set for February 26, 2018. Each robbery charge carries up to 20 years imprisonment, the first brandishing charge is 7 years to life imprisonment, the second brandishing charge is 25 years to life and the felon in possession of a firearm is not more than 10 years imprisonment.
Morris previously pled guilty to robbing the U.S. Bank and brandishing a firearm. His sentencing is also set for February 26.
The case was investigated by the Omaha Police Department and the Federal Bureau of Investigation.
Oklahoma City Behavioral Health Counselor Charged with Medicaid FraudRead the Press Release
Oklahoma City, Oklahoma – On November 15, 2017, a federal grand jury charged SAMUEL OKERE, 61, of Oklahoma City, with Medicaid fraud, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma, and Mike Hunter, Oklahoma Attorney General. The indictment was unsealed today at Okere’s arraignment.
According to the 224-count indictment, Okere defrauded the Oklahoma Health Care Authority through false claims for behavioral health counseling while he was a licensed professional counselor and owner of New Life Counseling Services. In particular, the indictment alleges that Okere billed for counseling sessions for multiple individuals, primarily children, at times when he could not have been counseling them. For example, some of the times and dates billed were when clients were at school or in the hospital. Others were when Okere was engaged in activities inconsistent with counseling, such as speaking on the phone with representatives of the Oklahoma Health Care Authority.
If convicted, Okere could be imprisoned for a maximum of ten years on each count, to be followed by three years of supervised release. He could also be fined up to $250,000 on each count and would be subject to mandatory restitution.
Attorney General Hunter stated that he appreciates U.S. Attorney Yancey for assisting his office on this case. U.S. Attorney Yancey said his office will continue its partnership with state agencies and state law enforcement to prevent fraud and corruption.
The public is reminded these charges are merely accusations and that Okere is presumed innocent unless proven guilty beyond a reasonable doubt.
This case is the result of an investigation by the Oklahoma Attorney General’s Medicaid Fraud Control Unit. Assistant U.S. Attorney Amanda Maxfield Green and Assistant Oklahoma Attorney General Lory Dewey, who is also a Special Assistant U.S. Attorney, are prosecuting the case. Reference is made to court filings for further information.
Ohiopyle Man Sentenced to Wrongly Obtaining Social Security Disability PaymentsRead the Press Release
PITTSBURGH – A Fayette County resident of has been sentenced in federal court to two years probation with four months home detention on his conviction of theft of government property, Acting United States Attorney Soo C. Song announced today.
Chief United States District Judge Joy Flowers Conti imposed the sentence on James Morrison, 37, of Ohiopyle, PA.
According to the information presented to the court, Morrison obtained $15,630 in SSI disability payments from November of 2012 to July of 2014 and in October and November of 2014, when he was employed and concealed his wages from the Social Security Administration by failing to report them and by falsely representing that he was not working.
Assistant United States Attorney Paul E. Hull prosecuted this case on behalf of the government.
The Acting U.S. Attorney commended the Social Security Administration, Office of Inspector General, for the investigation leading to the successful prosecution of James Morrison.