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Thursday 5 October 2017
Attorney General Announces Reinvigoration of Project Safe Neighborhoods and Other Actions to Reduce Rising Tide of Violent CrimeRead the Press Release
Sacramento, Calif. – Today, Attorney General Jeff Sessions announced several Department of Justice actions to reduce the rising tide of violent crime in America. Foremost of those actions is the reinvigoration of “Project Safe Neighborhoods,” a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
In announcing this recommitment to Project Safe Neighborhoods, the Attorney General issued a memo directing United States Attorneys to implement an enhanced violent crime reduction program that incorporates the lessons learned since Project Safe Neighborhoods launched in 2001. The Attorney General emphasized that Project Safe Neighborhoods is the centerpiece of the Department’s crime reduction strategy.
In a statement on the program, the Attorney General said: “Taking what we have learned since the program began in 2001, we have updated it and enhanced it, emphasizing the role of our U.S. Attorneys, the promise of new technologies, and above all, partnership with local communities. With these changes, I believe that this program will be more effective than ever and help us fulfill our mission to make America safer."
U.S. Attorney Phillip A. Talbert stated, “My office has a strong track record of working with our federal, state and local partners to prosecute cases aimed at reducing violent crime in our communities. We have developed a model that relies on cooperation between federal and local law enforcement agencies to target the most violent street gangs plaguing cities in our district. We have deployed this strategy most recently in Solano County, Stockton, and Fresno, and we are committed to sustaining these efforts to help keep our communities safe for everyone. Project Safe Neighborhoods is alive and well in the Eastern District of California.”
Just last month, on September 8, 2017, the U.S. Attorney’s Office for the Eastern District of California, together with the Fresno County District Attorney, announced the conclusion of a multi-agency operation that targeted Fresno-area street gangs and their associates. The operation resulted in the arrest of 15 defendants on federal drug and firearm charges and 14 defendants on similar state charges. The charges ranged from drug trafficking to illegally trafficking in firearms, and agents seized more than 30 firearms and multiple pounds of methamphetamine during the operation. This operation was the product of cooperative efforts by DEA, FBI, HSI, ATF, the Fresno Police Department, the Fresno County Sheriff’s Office, and the Multi-Agency Gang Enforcement Consortium (MAGEC).
Project Safe Neighborhoods is a comprehensive program that emphasizes prioritized and targeted enforcement and focuses on violent crime prevention. In addition to its enforcement efforts, the United States Attorney’s Office is engaged in various prevention efforts throughout the district, including participation in a Ceasefire program in Stockton and the Safe Streets Partnership in Bakersfield, while also employing a full-time employee responsible for coordinating reentry resources.
Antelope Man Sentenced to Prison for Selling Counterfeit AirbagsRead the Press Release
SACRAMENTO, Calif. — Vitaliy Fedorchuk, 28, of Antelope, was sentenced yesterday by United States District Judge Kimberly J. Mueller to one year and one day in prison and a $5,000 fine for an international scheme to sell counterfeit airbags via eBay and other internet sales sites, United States Attorney Phillip A. Talbert announced.
According to court documents, between June 23, 2014, and July 27, 2016, Fedorchuk offered for sale airbag modules, covers, and manufacturer emblems at his eBay online store, redbarnautoparts. Fedorchuk falsely advertised that the counterfeit airbags were original equipment from major automobile manufacturers such as Honda, Fiat, Chrysler, Nissan, Toyota, GMC and Ford. During the scheme, Fedorchuk sold hundreds of counterfeit airbags and obtained more than $95,000. Fedorchuk was ordered to pay $1,334 in restitution to identified victims in this case.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Michelle Rodriguez prosecuted the case.
Annapolis Man Pleads Guilty to Two Counts of Wire FraudRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885Baltimore, Maryland – Brian Arthur McCormick, age 57, of Annapolis, Maryland, pleaded guilty today to two counts of wire fraud stemming from a scheme to defraud victims through an advanced fee system.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, McCormick provided forged bank statements to potential investors showing that one of his companies, Triton Structure Finance Group, LLC, (“Triton”) had an excess of $402 million. McCormick asked various investor victims to fund projects in exchange for a majority ownership of the project. He falsely promised that the victims would be compensated or would be fully refunded. However, McCormick stole their investment monies and used the funds on personal expenses.
In summer 2015, McCormick represented that Brittingham, a company incorporated in Louisiana, had been successfully trading medium term bank notes in Hong Kong since 2001 and had a number of bank guarantees and standby letters of credit totaling approximately $40 billion. Brittingham signed agreements with investors agreeing to split the profits 50-50 with the investors. The investors signed an agreement with McCormick to split profits with McCormick with 20% for the Defendant and 80% for the investor.
McCormick persuaded victims to invest through misrepresentations that he had personally invested his own funds with Brittingham. In September 2015, one victim invested one million euros. Brittingham has not repaid any investor and has not paid out any profits.
McCormick faces a maximum sentence of 40 years in prison. U.S. District Judge J. Frederick Motz has scheduled sentencing for December 7, 2017 at 2 p.m.
Acting United States Attorney Stephen M. Schenning commended the FBI for their work in the investigation. Mr. Schenning thanked Assistant United States Attorneys Joyce McDonald and Sean Delaney who are prosecuting the case.
Angus, MN, Man Found Guilty for His Role in Drug Conspiracy and MurderRead the Press Release
FARGO – United States Attorney Christopher C. Myers announces that on October 5, 2017, MODESTO TORREZ, age 35, of Angus, MN, was found guilty of: Conspiracy to Possess with Intent to Distribute and Distribute a Controlled Substance; Murder in Furtherance of a Drug Trafficking Conspiracy; Aiding and Abetting in Death Caused by Use of a Firearm During a Crime of Violence or Drug Trafficking Offense; and Obstruction of Justice, by a jury following five days of trial. Torrez was also ordered to forfeit $12,620, which was seized during the investigation.
Law enforcement’s investigation into the murder of Austin Forsman at the Flying J Truck Stop in Grand Forks, ND, in the early morning hours of March 11, 2016, resulted in the indictment of thirteen conspirators in connection with a methamphetamine ring in the Grand Forks area. Torrez, together with Krystal Lynn Feist, were charged with the murder of Forsman, as well as the drug trafficking conspiracy. Torrez was found guilty of being the leader of the conspiracy to traffick methamphetamine in the area, as well as for ordering the murder of Austin Forsman and obstructing justice. Krystal Feist had previously pled guilty for her role in the murder and drug trafficking conspiracy.
Sentencing has been scheduled for 11:00 a.m. on Friday, December 1, 2017, in Fargo, ND.
This case was investigated by the Grand Forks Police Department, Grand Forks Narcotics Task Force, North Dakota Bureau of Criminal Investigation, and the Department of Homeland Security – Homeland Security Investigations.
This case was prosecuted by U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Jake Rodenbiker, and Special Assistant U.S. Attorney Jeremy Ensrud.
Acting U.S. Attorney Announces Violent Crime Efforts with Federal, State and Local Law Enforcement PartnersRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson today announced various initiatives aimed at addressing the violent crime problem in East Baton Rouge Parish.
Senior federal, state, and local law enforcement officials joined Acting U.S. Attorney Amundson for the announcement, including Acting Chief David Jaffe of the Organized Crime and Gang Section of the U.S. Department of Justice; ATF Special Agent-in-Charge Dana Nichols; ATF Resident Agent-in-Charge Antonio Pittman; DEA Assistant Special Agent-in-Charge Brad Byerley; FBI Senior Supervisory Resident Agent Maurice Hattier; U.S. Department of Homeland Security, Homeland Security Investigations, Resident Agent-in-Charge Ron Militana; Acting U.S. Marshal Randall Breckwoldt; Louisiana State Police Col. Kevin Reeves; Baton Rouge Police Acting Chief Jonathan Dunnam; East Baton Rouge Parish Sheriff Sid Gautreaux; East Baton Rouge Parish District Attorney Hillar Moore; and Baton Rouge Constable Reginald Brown.
Acting U.S. Attorney Amundson thanked the many elected and community leaders engaged in addressing the violent crime issue for their leadership, support, and efforts, including Mayor-President Sharon Weston Broome, our Congressional Delegation (Senators Cassidy and Kennedy and Representatives Graves and Richmond), Louisiana Attorney General Jeff Landry, Governor John Bel Edwards, and many others.
Acting U.S. Attorney Amundson reaffirmed support for the important work of the Crime Strategies Unit, the Violent Crime Unit, and those aspects of the Baton Rouge Violence Elimination Project (BRAVE) that have proven to be successful. All three initiatives have enhanced our collective efforts to successfully identify and pursue the most violent offenders.
Acting U.S. Attorney Amundson outlined the below additional steps being taken to address the three main drivers of our homicide and violent crime rates -- group violence, drug trafficking, and domestic violence.
First, to attack group-based violence, the represented agencies have created a U.S. Attorney-led Violent Criminal Enterprises Strike Force. Using our collective data and intelligence, the strike force will identify the most violent groups in our area. A team of federal prosecutors and federal, state, and local law enforcement agents will be assigned to each group and will utilize any and all legal means at their disposal to pursue those groups in a series of thorough, long-term investigations.
Second, the U.S. Attorney’s Office, together with the ATF, the Baton Rouge Police Department, and the East Baton Rogue Sheriff’s Office, will accelerate a previously undisclosed federal gun prosecution initiative called Operation Joint Endeavor. This initiative has resulted in the prosecution of approximately 50 defendants, many with violent criminal histories, with sentences up to 15 years in federal prison. This morning, Justice Department leaders in Washington also announced a renewed focus on such prosecutions, recognizing the significant role they have in reducing local violent crime.
Third, to attack the drug trafficking fueling the homicide and violent crime rates, the U.S. Attorney’s Office, in partnership its federal, state, and local partners, will continue to aggressively pursue drug traffickers (not mere users) using mandatory minimum sentences provided by Congress. About 90 Americans die every day from opioid-related overdoses alone. We will aggressively pursue those who traffic this poison.
Fourth, the Justice Department is funding myriad state and local efforts to reduce violent crime. In the month of September alone, the Justice Department has awarded millions of dollars to state and local agencies and organizations in Baton Rouge, including (1) $750K for the implementation of body-worn camera policies, (2) $3.8 million to assist law enforcement agencies who responded to the August 2016 flood, (3) $2.4 million to combat sexual assault and assist victims, (4) $91K to respond to violence against women, (5) $2.8 million for data collection, management, and analysis, (6) $1,050,000 for state prisoner reentry programs, (7) $400,000 for drug treatment efforts, (8) $400,000 for forensic science efforts, including DNA analysis, (9) $300,000 to support the Louisiana Internet Crimes Against Children Task Force, and (10) $825,000 to ensure that those with bail bond restrictions or mental health issues are unable to purchase a firearm.
Fifth, the Justice Department has selected Baton Rouge as one of 12 cities to participate in the National Public Safety Partnership. On October 6, 2017, various federal, state, and local agencies and organizations will be meeting at the U.S. Attorney’s Office with Justice Department officials about programs designed to (1) maximize the ability of resource-strapped departments, such as our local departments, to implement community policing concepts, (2) improve our collective ability to collect, analyze, and share data, and (3) increase the involvement of our business community in anti-violence efforts.
The agencies involved in the above efforts include:
- U.S. Attorney’s Office for the Middle District of Louisiana
- U.S. Department of Justice, Criminal Division, Organized Crime and Gang Section
- U.S. Department of Justice, Office of Justice Programs
- Federal Bureau of Investigation
- U.S. Drug Enforcement Administration
- U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives
- U.S. Department of Homeland Security, Homeland Security Investigations
- U.S. Marshal’s Service
- Louisiana State Police
- Louisiana Attorney General’s Office
- East Baton Rouge Parish District Attorney’s Office
- East Baton Rouge Parish Sheriff’s Office
- East Baton Rouge Parish Constable’s Office
- Baton Rouge City Police Department
- U.S. Attorney’s Office for the Middle District of Louisiana
Acting Manhattan U.S. Attorney Announces Return of 95 Artworks Linked to Brazilian Money LaunderingRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Matthew Etre, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (“ICE”) Homeland Security Investigations (“HSI”) Boston Office, announced today the return of 95 works of art, previously acquired by Edemar Cid Ferreira, the former president of Banco Santos, S.A. (“Banco Santos”), in connection with money laundering and other crimes he committed in Brazil against the national financial system. The 95 works of art will be returned to the Judicial Administrator of Banco Santos’s bankruptcy estate (the “Judicial Administrator”). These works, which were recovered through an investigation by HSI and the United States Attorney’s Office for the Southern District of New York (the “U.S. Attorney’s Office”), will be returned pursuant to a Stipulation and Order between the U.S. Attorney’s Office and the Judicial Administrator, which was entered today by United States District Judge Lorna G. Schofield.
Acting Manhattan U.S. Attorney Joon H. Kim said: “Our Office is proud of our role in returning these treasured works of art. These works were used to mask an audacious criminal scheme by Edemar Cid Ferreira. Thanks to the diligent efforts of our Office and HSI, these treasured pieces will be returned to their rightful owner, the bankruptcy estate of Ferreira’s insolvent Banco Santos.”
HSI Special Agent in Charge Matthew Etre said: “Protecting the cultural heritage of our global community is important work and we are committed to identifying and returning these priceless items to their proper place. It’s the responsibility of law enforcement worldwide to ensure criminals do not profit from the theft of these culturally and historically valuable items.”
The 95 works of art being returned to the Banco Santos Judicial Administrator once belonged to Brazilian banker Edemar Cid Ferreira, the founder and former president of Banco Santos. Ferriera was convicted in Brazil of crimes against the national financial system and money laundering. In December 2006, Ferreira was sentenced in Brazil to 21 years in prison. Banco Santos ultimately entered bankruptcy.
As part of the case, a Sao Paulo Court Judge also ordered the search, seizure, and confiscation of assets that Ferreira, his associates, and members of his family had acquired with unlawfully obtained funds from Banco Santos. Those assets included an extensive art collection, valued in the tens of millions of dollars. The art collection was kept in several locations, including Ferreira’s home in the Morumbi neighborhood of Sao Paulo, the main offices of Banco Santos, and at a holding facility. When Brazilian authorities searched these locations, they found that much of the collection was missing.
The Sao Paulo Court sought Interpol’s assistance after searching museums and institutions in Brazil for the missing artwork. In October and November 2007, Interpol and the Government of Brazil sought the assistance of the United States to locate and seize the missing works on behalf of the Brazilian government. The ensuing U.S. Attorney’s Office and HSI investigation found that large numbers of works of art had been smuggled out of Brazil by Ferreria and companies associated with him, and into the United States and various European nations.
Through their investigation, HSI and the U.S. Attorney’s Office located and recovered the sculpture “Woman” by Henry Moore, from France, seven works from the United Kingdom, and 85 works from the Netherlands. Two additional works were voluntarily turned over to HSI by third parties in the United States. These 95 works will now by returned to the Judicial Administrator so they may be disposed of and distributed as part of the Banco Santos bankruptcy estate, under the jurisdiction of the Brazilian Bankruptcy Court.
The U.S. Attorney’s Office previously repatriated five other works smuggled into the United States, which were seized by HSI and the subject of a successful civil forfeiture action brought by the U.S. Attorney’s Office: “Hannibal” by Jean-Michel Basquiat, “Modern Painting with Yellow Interweave” by Roy Lichtenstein, “Figures dans une structure” by Joaquin Torres-Garcia, “Composition abstraite” by Serge Poliakoff, and a Roman Togatus statue.
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Mr. Kim praised the investigative work of HSI in helping to locate and recover the artworks. He was grateful for the assistance of the Department of Justice’s Office of International Affairs. Mr. Kim thanked Brazilian authorities for their assistance in the case. He also acknowledged the assistance of the U.S. Department of State and the U.S. Embassy in Brazil for their assistance in the investigation.
The case is being handled by the Money Laundering and Asset Forfeiture Unit of the U.S. Attorney’s Office. Assistant U.S. Attorney Alexander Wilson is in charge of the case.
Wednesday 4 October 2017
United States Files Enforcement Action Against California Company and Company’s Owner to Prevent Distribution of Adulterated Seafood ProductsRead the Press Release
WASHINGTON – The United States filed a civil complaint against Michel Cordon Bleu Inc. of Los Angeles, California, and its owner and President Michel G. Blanchet to prevent the distribution of adulterated seafood products in violation of federal law, the Department of Justice announced today.
Michel Cordon Bleu Inc. (Michel Cordon Bleu) prepares, processes, packs, holds, and distributes vacuum-packed, ready-to-eat cold and hot smoked fish and fishery products. The complaint, filed in the U.S. District Court for the Central District of California, alleges that Michel Cordon Bleu and Michel G. Blanchet adulterated seafood products by preparing, packing, or holding them under insanitary conditions whereby the seafood may have become contaminated with filth or may have been rendered injurious to health.
The Department filed the complaint at the request of the U.S. Food and Drug Administration (FDA).
“The Department of Justice is committed to ensuring that seafood processors comply with laws designed to protect consumers,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice will continue to work aggressively with the FDA to ensure that consumers are protected from potentially unsafe food.”
According to the complaint, FDA inspected Michel Cordon Bleu’s facility on numerous occasions, including two times in 2016. The complaint alleges that defendants failed to comply with the seafood Hazard Analysis and Critical Control Point (HACCP) regulations by, among other deficiencies, failing to adequately control the risk of Listeria monocytogenes (L. mono) and Clostridium botulinum (C bot.) toxin formation in their vacuum-packed fish or fishery products.
The seafood HACCP regulations require every fish and fishery product processor to conduct, or have conducted for it, a hazard analysis to determine whether there are food safety hazards that are reasonably likely to occur during the processing of each kind of fish or fishery product that it processes.
According to the complaint, FDA’s analysis of environmental samples collected during its January-February 2016 inspection revealed the presence of L. mono contamination in multiple locations throughout the Michel Cordon Bleu facility. The complaint also alleges that FDA’s analysis of environmental samples collected during its subsequent inspection in July-August 2016 also revealed the presence of L. mono contamination in multiple locations throughout the company’s facility.
According to the complaint, FDA noted deficiencies at each of its two 2016 inspections at the Michel Cordon Bleu facility. As alleged in the complaint, FDA noted that defendants failed to manufacture, package and store foods under conditions and controls necessary to minimize the potential for growth of microorganisms and contamination; failed to monitor sanitation conditions and practices with sufficient frequency to assure conformance with current good manufacturing practices; and failed to take corrective action that ensured affected product was not entered into commerce and the cause of the deviation was corrected.
“When we find contaminants that can harm public health at a food manufacturing facility, we must take action to protect consumers,” said FDA Associate Commissioner for Regulatory Affairs, Melinda K. Plaisier. “When necessary, we will seek legal action to ensure that manufacturers take steps to comply with food safety laws and regulations.”
The government is represented by Trial Attorney Monica Groat of the Civil Division’s Consumer Protection Branch, with the assistance of the U.S. Attorney’s Office for the Central District of California and the Associate Chief Counsel for Enforcement Roselle Oberstein of the FDA, Office of General Counsel, Department of Health and Human Services.
A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Central District of California, visit its website at https://www.justice.gov/usao-cdca.
U.S. Attorney Jay Town Names Robert Posey to Management PositionRead the Press Release
BIRMINGHAM – U.S. Attorney Jay E. Town has named veteran federal prosecutor Robert O. Posey as executive assistant U.S. attorney for the Northern District of Alabama.
“Robert Posey is an institution of knowledge. His leadership is proven and battle-tested and the Northern District has been fortunate to have it for many years, and it is my hope we will have it for many years to come,” Town said. “Robert will remain a big part of the management team as our new executive assistant U.S. attorney.”
Posey most recently served as the acting U.S. attorney from January until Town’s U.S. Senate confirmation as U.S. attorney in August. Posey served as first assistant U.S. attorney to former U.S. Attorney Joyce White Vance from July 2013 until assuming the acting U.S. attorney role when Vance retired. Posey has more than 25 years’ experience as a federal prosecutor in the Northern District, including serving as deputy chief of the Criminal Division, where he supervised white-collar crime, public corruption and civil rights cases.
In his role as executive assistant U.S. attorney, Posey will be tasked with a number of leadership and managerial roles, to include direct supervision of the Administrative Division, supervising special projects and working groups, and continuing as the district office security manager.
As an assistant U.S. attorney, Posey received the Justice Department's highest award presented to an attorney for trial of litigation for his role in the successful prosecution of the 16th Street Baptist Church bombing cases. He received a similar Justice Department award for his role in the environmental crime prosecution of McWane Corporation.
Before joining the U.S. Attorney’s Office, Posey served 10 years as a state prosecutor in Jefferson and Shelby counties. He is an Alabama native and a graduate of Washington and Lee University in Lexington, Va., and the Cumberland School of Law of Samford University in Birmingham. He also is a retired U.S. Army Reserve officer.
U.S. Attorney Jay Town Names Lloyd Peeples to Office’s Number Two PostRead the Press Release
BIRMINGHAM – U.S. Attorney Jay E. Town has named Lloyd Peeples as first assistant U.S. attorney for the Northern District of Alabama, the office’s number two post. Peeples began work in the leadership position this week.
“Lloyd Peeples brings tremendous energy, devotion and skill to the Northern District,” Town said. “His experience, coupled with his leadership capability, will serve the entire office well. I am very proud that Lloyd Peeples joins us as my first assistant U.S. attorney.”
As the first assistant U.S. Attorney, Peeples will supervise the Criminal, Civil, Appellate and Administrative Divisions. The first assistant U.S. attorney regularly receives case briefings, serves as a liaison with state and federal agencies, represents the U.S. Attorney’s Office to the public, and handles administrative matters as directed by the U.S. attorney.
Peeples worked as a prosecutor in the Northern District of Alabama from 2003 until 2012, handling a variety of civil and criminal matters, including civil and criminal health care fraud, False Claims Act, tax fraud, mortgage fraud, bank fraud, and public corruption cases. Peeples left the U.S. Attorney’s Office to assist in managing his father’s manufacturing business. Following his father’s death, Peeples took over as chairman of the board and chief executive officer until the family sold the company in January 2017.
Peeples was born in Dothan. He attended Washington and Lee University, where he received his bachelor’s degree in 1995. Peeples obtained his law degree from Samford University’s Cumberland School of Law in 1998. Peeples worked as a judicial clerk and in private practice in Birmingham before joining the U.S. Attorney’s Office for the Northern District of Alabama as an assistant U.S. attorney in 2003.
Peeples said he is grateful for the opportunity to re-join the U.S. Attorney’s Office and return to public service.
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Two men sentenced for mail fraudRead the Press Release
CLARKSBURG, WEST VIRGINIA – Two West Virginia men were sentenced today for mail fraud, Acting United States Attorney Betsy Steinfeld Jividen announced.
Dallas Lewis, age 55, of Clarksburg, was sentenced to 92 months incarceration. Lewis pled guilty to one count of “Conspiracy to Commit Mail Fraud” in May 2017. Lewis admitted to conspiring with others to file false insurance claims from staged motor vehicle accidents. Lewis would then receive a portion of the insurance settlement in each filing. The crimes happened between January 2012 and August 2014 in Taylor, Harrison, and Marion Counties.
Lewis was ordered to pay $290,320.90 in restitution.
Charles Bonner, age 34, of Morgantown, was sentenced to 27 months incarceration. Bonner pled guilty to one count of “Mail Fraud” in May 2017. Bonner admitted to taking part in a staged vehicular accident in January 2012 in Harrison County. He also admitted to faking injuries from said accident and filing a false insurance claim, from which he, and others, received insurance settlements of approximately $101,500. Bonner also admitted his role in procuring an insurance settlement check in someone else’s name in the amount of $46,500.
Bonner was ordered to pay $152,603.64 in restitution.
Assistant U.S. Attorney Andrew R. Cogar prosecuted the case on behalf of the government. The West Virginia Insurance Commission Office of Inspector General and the United States Postal Inspection Service investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Two Plead Guilty to Fentanyl DistributionRead the Press Release
Concord, N.H.—Acting United States Attorney John J. Farley announced that Jose Serrano Ayuso, 31, and Lilian Zapata, a/k/a Marta Arus, 52, both previously of Manchester, New Hampshire, have pleaded guilty to their respective roles in a conspiracy to distribute fentanyl in 2016.
According to court records and statements in court, on several occasions between August and October of 2016, investigators used a cooperating individual to make purchases of heroin from Ayuso. On two occasions when Ayuso was unavailable, Zapata delivered the requested drugs. Laboratory analyses later showed that the defendants actually were distributing fentanyl.
During the execution of a search warrant at the defendants’ shared residence in Manchester in October 2016, investigators found more than 230 grams of fentanyl, a handgun, drug ledgers, over $5,000 of U.S. currency, and identifying documents in Ayuso’s bedroom. In the apartment kitchen, investigators found an iced tea container containing over 640 grams of fentanyl. Investigators also located a scale and a press for forming “fingers” of fentanyl for distribution in other areas of the apartment. In total, this investigation led to the seizure of more than one kilogram of fentanyl.
Ayuso’s plea agreement includes a binding stipulated sentence of 144 months’ incarceration, and Zapata’s plea agreement includes a binding stipulated sentence of 54 months’ incarceration. Zapata will be sentenced on January 5, 2018, and Ayuso will be sentenced on January 18, 2018.
“We work tirelessly each day with our law enforcement partners to combat the threats posed by fentanyl and other opioids,” said Acting U.S. Attorney Farley. “Fentanyl has been the cause of the vast majority of the overdose deaths in our state. I commend the work of the law enforcement officers in this case who successfully prevented this large quantity of fentanyl from being distributed.”
“Fentanyl remains the top cause of drug related deaths in New Hampshire and we will continue to pursue, seize, and disrupt illicit activities associated with the distribution and trafficking of opioids,” said Harold H. Shaw, Special Agent in Charge of the FBI Boston Division. “The FBI New Hampshire Safe Streets Gang Task Force is aggressively working to track down distributors like Ayuso and Zapata, who are recklessly poisoning our communities with these illegal drugs, bringing nothing but danger—and in far too many cases death—to the streets of our neighborhoods.”
The matter was investigated by the Federal Bureau of Investigation’s Safe Streets Gang Task Force, which consists of FBI Special Agents and members of the Manchester Police Department, the Hudson Police Department, the New Hampshire State Police, the Nashua Police Department, and the New Hampshire Department of Corrections Probation and Parole. Investigators also received assistance of the New Hampshire HIDTA. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Two Laurel County Men and Pulaski County Couple Charged in Armed KidnappingRead the Press Release
LONDON, Ky. – On Monday, a federal indictment was unsealed, charging two Laurel County men and a Pulaski County couple with drug, kidnapping, and firearms offenses.
On September 28, 2017, a federal Grand Jury, sitting in London, charged that Robert “Bobby” Hurley, III, of East Bernstadt, Ky.; Ronald Brandon “Hubcap” Hubbard, of London, Ky.; Roger Creech, of Somerset, Ky.; and Tracy Amanda Hamblin, also known as Tracy Creech, of Somerset, Ky., aided and abetted each other in the kidnapping of an unidentified victim, in May of this year. The indictment alleges that the group kidnapped the victim, for the purpose of assaulting them, and utilized a facility or instrumentality of interstate commerce to commit the crime. The indictment further charges the group with brandishing, using, and carrying a firearm, during commission of the crime.
The indictment has also charged each of the four with conspiracy to distribute methamphetamine, along with a fifth subject, Brian McDonald, who was not charged as part of the kidnapping. Additionally, Roger Creech, Brian McDonald, and Robert Hurley, III, were each charged with illegally possessing firearms.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Stuart Lowrey, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); Richard Sanders, Commissioner of the Kentucky State Police (KSP); and Greg Speck, Pulaski County Sheriff, jointly announce the indictment. The case was investigated by the ATF, KSP, and Pulaski County Sheriff’s Office.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Treasurer of City of Zeigler, IL Indicted on Fraud and Embezzlement ChargesRead the Press Release
Yesterday, a federal grand jury for the Southern District of Illinois returned a five count indictment charging Ryan A. Thorpe, 44, of Zeigler, IL, with wire fraud and embezzlement from a local government, announced Donald S. Boyce, United States Attorney for the Southern District of Illinois. The charges against Thorpe relate to events which occurred while Thorpe worked as the Treasurer for the City of Zeigler.
The indictment charges that from March 4, 2013, through August 3, 2017, Thorpe embezzled more than $300,000 by writing checks to himself drawn on the City of Zeigler’s general account. The indictment further alleges that Thorpe concealed his thefts from the City of Zeigler by altering the copies of the checks that were sent to the city each month by the city’s bank. According to the indictment, Thorpe "whited out" his name in the payee section of these checks, wrote in the names of vendors and suppliers that the city did business with, photocopied the altered checks, placed these photocopies in the bank records kept by the city, and then shredded the copies of the checks with the "white out." In addition, the indictment states that Thorpe further concealed his thefts by submitting false monthly Treasurer’s Reports to the Zeigler City Council.
Thorpe is charged with three counts of wire fraud and two counts of embezzlement from a local government. Each of the wire fraud counts carries a maximum penalty of 20 years in prison and a $250,000 fine. Each count of embezzlement from a local government carries a maximum sentence of 10 years of imprisonment and a $250,000 fine. The indictment also seeks forfeiture of numerous items Thorpe is alleged to have purchased with embezzled funds. Those items include: two side-by-side Utility Task Vehicles; two motorcycles; a portable building; lots in the City of Zeigler; a utility trailer; numerous firearms; and a lady’s diamond ring.
The arraignment for Thorpe will be conducted on Thursday, October 19, 2017, at 11:00 a.m. at the Federal Courthouse in Benton, IL.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The investigation was conducted by agents from the Springfield Division, Marion, IL Resident Agency, of the Federal Bureau of Investigation ("FBI"). The Franklin County Sheriff’s Department assisted in the investigation. The case is being prosecuted by Assistant United States Attorney Scott A. Verseman.
Three Miami Residents Plead Guilty to Conspiracy to Illegally Export Prohibited Articles to Syria in Violation of U.S. Export Control LawsRead the Press Release
Three Miami-Dade County, Florida residents, Ali Caby, aka “Alex Caby,” 40, Arash Caby, aka “Axel Caby,” 43, and Marjan Caby, 34, pleaded guilty on Oct. 3 to Count 1 of an Indictment charging them with conspiracy to defraud the United States and to illegally export aviation parts and equipment to Syria in violation of the International Emergency Economic Powers Act (IEEPA). The exports were sent to Syrian Arab Airlines, aka “Syrian Air,” which had been designated as a Specially Designated National (SDN) by the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC). U.S. persons and entities are prohibited from doing business with SDNs, such as Syrian Air, without obtaining a license from OFAC.
Acting Assistant Attorney General Dana J. Boente for National Security, Acting United States Attorney Benjamin G. Greenberg for the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Robert Luzzi of the Department of Commerce’s Office of Export Enforcement (DOC) Miami Field Office and members of the South Florida Joint Terrorism Task Force (JTTF) made the announcement.
The defendants were indicted for their alleged participation in a conspiracy to violate the IEEPA by exporting dual-use goods, that is, articles that have both civilian and military application. The dual-use goods were exported without a license to Syrian Air, the Syrian government’s airline, which is an entity designated and blocked by OFAC for transporting weapons and ammunition to Syria in conjunction with Hizballah, a terrorist organization, and the Iranian Revolutionary Guard Corps (IRGC).
According to court documents, Ali Caby ran the Bulgaria office of AW-Tronics, a Miami export company that was managed by Arash Caby, and which shipped and exported various aircraft parts and equipment to Syrian Air. Ali Caby and Arash Caby closely supervised and encouraged subordinate employees of AW-Tronics in the willful exportation of the parts and equipment to SDN Syrian Air, whose activities have assisted the Syrian government’s violent crackdown on its people. Marjan Caby, as AW-Tronics’ export compliance officer and auditor, facilitated these exports by submitting false and misleading electronic export information to federal agencies.
The defendants are scheduled to be sentenced by U.S. District Judge Beth Bloom on Dec. 19. They face a statutory maximum sentence of up to 5 years in prison, 3 years of supervised release and a $250,000 fine. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors.
Mr. Boente and Mr. Greenberg commended the investigative efforts of the FBI, DOC, Department of Homeland Security, Defense Criminal Investigative Service, U.S. Customs and Border Protection and the South Florida JTTF. The case is being prosecuted by Assistant U.S. Attorneys Ricardo Del Toro and Michael Thakur of the Southern District of Florida, and Trial Attorney Matthew Walczewski of the Counterintelligence and Export Control Section of the National Security Division.
St. Peters, MO Woman Indicted for Fraud in Connection with Preparation of Bankruptcy PetitionsRead the Press Release
Yesterday, a federal grand jury for the Southern District of Illinois returned an indictment charging Phebe Ibrahim, formerly known as "Phebe Khan," 50, of St. Peters, MO, with 21 counts of bankruptcy fraud and related charges, announced Donald S. Boyce, United States Attorney for the Southern District of Illinois. Ibrahim was indicted as part of the U.S. Attorney’s Office’s continuing effort to crackdown on those who commit fraud in the U.S. Bankruptcy Court for the Southern District of Illinois.
According to the indictment, Ibrahim, a non-lawyer, worked as a bankruptcy petition preparer, preparing bankruptcy petitions and other documents for debtors who wished to file bankruptcy in the Southern District of Illinois. The Bankruptcy Code imposes certain restrictions on bankruptcy petition preparers, including requiring them to disclose their names on any documents they prepare, and allowing the Bankruptcy Courts to set maximum fees that they can charge their customers. The practice in the U.S. Bankruptcy Court for the Southern District of Illinois is that bankruptcy petition preparers are not allowed to charge fees of more than $150.
The indictment alleges that Ibrahim defrauded the debtors for whom she prepared bankruptcy petitions by routinely charging fees that exceeded the maximum allowable amount. The indictment further alleges that Ibrahim attempted to conceal her fraud by not disclosing her name on the documents she prepared, and by instructing her customers not to mention her name during their bankruptcy cases.
The Bankruptcy Code also requires that debtors attend a credit counselling briefing prior to filing a bankruptcy case. The indictment charges that Ibrahim circumvented and defeated this provision of the Bankruptcy Code by causing false "Certificates of Counselling" to be filed on behalf of her customers. These Certificates represented that Ibrahim’s customers had attended the required credit counselling briefing.
"Bankruptcy petition preparers who fail to comply with the requirements of the Bankruptcy Code and circumvent its provisions prey on consumers in financial distress," stated Nancy J. Gargula, United States Trustee for Southern and Central Illinois and Indiana (Region 10). "We appreciate the efforts of the U.S. Attorney’s Office, FBI and our law enforcement partners who serve on the Southern District of Illinois Bankruptcy Fraud Working Group as we work together to protect consumers and the integrity of the bankruptcy system. We welcome information that will help detect unscrupulous bankruptcy petition preparers and we encourage citizens to report suspected bankruptcy fraud through our Internet hotline at [email protected]."
Ibrahim is charged with seven counts each of bankruptcy fraud, causing false statements to be made under penalty of perjury in a bankruptcy case, and falsifying records in a bankruptcy case. Each of the bankruptcy fraud and false statements under penalty of perjury counts carries a maximum sentence of five years in prison and a fine of up to $250,000. Each of the falsification of records charges carries a maximum sentence of twenty years in prison and a maximum fine of $250,000.
The arraignment for Ibrahim will be conducted on Thursday, October 26, 2017, at 11:00 a.m. at the Federal Courthouse in East St. Louis, IL.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
The charges resulted from a referral by the U.S. Trustee for Indiana and Southern and Central Illinois (Region 10) to the U.S. Attorney for the Southern District of Illinois. The investigation was conducted by agents from the Springfield Division, Fairview Heights Resident Agency, of the Federal Bureau of Investigation ("FBI"), in collaboration with the Southern Illinois Bankruptcy Fraud Working Group coordinated by the U.S. Trustee. The case is being prosecuted by Assistant United States Attorney Scott A. Verseman.
Spectrum Brands Ordered to Pay Civil Penalty for Failure to Report and Post-Recall Sales of Defective SpaceMaker Coffee CarafesRead the Press Release
A federal court in Madison, Wisconsin, ordered Spectrum Brands Inc., a large consumer products distributor, to pay $1.9 million in civil penalties for failing to timely report dangerously defective Black & Decker SpaceMaker coffee carafes and for continuing to distribute the carafes following a recall, the Department of Justice announced today.
The civil penalty and a related permanent injunction, imposed by U.S. District Judge William M. Conley, follows a 2016 court ruling that Spectrum and its former subsidiary, Applica Consumer Products Inc., violated the Consumer Product Safety Act by waiting years to inform the Consumer Product Safety Commission (CPSC) of customer reports about handles that suddenly broke or separated from carafes of hot coffee. The court noted that between 2008 and 2012, Spectrum received approximately 1,600 reports of broken SpaceMaker carafe handles, with about 66 consumers referencing burns from spilled coffee, and three others referencing cuts from broken carafe glass. The court noted that one consumer reported to the company in 2009 that she sought medical attention after hot coffee burned her stomach.
“When a company learns that one of its products could seriously injure customers, it must immediately report that information to the CPSC,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Waiting until someone is hurt before taking action is irresponsible and illegal. We will continue to enforce safety laws that protect consumers from unreasonable harm.”
The Consumer Product Safety Act (CPSA) requires manufacturers, retailers, and distributors of consumer products to report “immediately” to the CPSC information that reasonably supports the conclusion a product contains a defect which could create a substantial product hazard or creates an unreasonable risk of serious injury. In its summary judgment ruling, the court held that Spectrum knowingly failed to report information it was required to report to the CPSC. The court found that by May 2009, the company knew of 60 reports of broken handles and four reports of burns, and had identified a similar cause of the breakages in two separately returned carafes. While the company implemented a design change in 2009 to remedy the handle issue, it continued to sell the old carafes through the end of that year. By June 2010, the court found, Spectrum knew of 714 complaints regarding carafe-handle failures.
As set out in the court orders, Spectrum did not report the carafe-handle incidents to the CPSC until April 2012, after the company was served with a private class action complaint alleging the carafes were defectively designed. Spectrum subsequently recalled the coffeemakers in consultation with the CPSC. As the company acknowledged, however, it distributed more than 600 additional carafes after the recall announcement. The United States filed suit against Spectrum in 2015 in the Western District of Wisconsin over the company’s failure to timely report the carafe hazard and the company’s sales of recalled products.
“I am pleased with the court’s order for a permanent injunction and a civil penalty against Spectrum Brands Inc.,” said CPSC Acting Chairman Ann Marie Buerkle. “Companies who fail to immediately report hazards with their products to CPSC put consumers at risk. Consumer safety should be the top priority for companies making consumer products.”
As detailed in the court’s summary judgment ruling, Applica and Spectrum received reports over the years from customers who said that they believed the carafe handle was dangerous. Numerous consumers told the company that spills related to broken handles caused burns to themselves or to family members. Other consumers reported near misses.
Along with the $1,936,675 in civil penalties, the court entered a permanent injunction against the company. The court ordered Spectrum to maintain systems and internal controls to ensure future compliance with the CPSA. The court further ordered Spectrum to provide copies of its rulings to officers and managers at the company. Under the terms of the injunction, Spectrum must report back to the court in six months to verify the company has made improvements to avoid repeating the CPSA violations.
The government was represented in the case by former Trial Attorney Thomas Ross and Assistant Director Alan Phelps of the Civil Division’s Consumer Protection Branch, with the assistance of Harriet Kerwin of the CPSC Office of the General Counsel and the U.S. Attorney’s Office for the Western District of Wisconsin.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the Consumer Product Safety Commission, visit its website at https://www.cpsc.gov.
Southern California Woman Sentenced to Almost Six Years in Prison for Role in Wire Fraud SchemeRead the Press Release
SAN JOSE – Shirley Ernestine Molina was sentenced to 71 months in prison for wire fraud and for her role in a conspiracy to commit wire fraud, announced United States Attorney Brian J. Stretch; Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf; and Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett. The Honorable Lucy H. Koh, U.S. District Judge, handed down the sentence today following Molina’s plea of guilty to the charges on March 8, 2017.
According to her plea agreement, Molina, 71, of Hawthorne, Calif., conspired with others to defraud at least 50 investors of more than $5.6 million. According to the plea agreement, since at least 2009 and continuing through November of 2015, Molina’s co-conspirators told potential investors that an heiress to a billion-dollar estate was very ill and was in need of medical attention. The co-conspirators convinced their victims that the heiress’s money was tied up in a secret probate case and that, in return for money to help pay for the heiress’s medical costs, the victims would receive $1,000 for every $1 they invested in the heiress’s estate. The victims were promised that they would see the returns on their investments after the money was released from probate. In truth, there was no dying heiress with a large estate. Instead, Molina and her codefendants used the victims’ money to support their own lifestyles. On December 3, 2015, a federal grand jury indicted Molina and charged her with one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; 22 counts of wire fraud, in violation of 18 U.S.C. § 1343; and one count of money laundering, in violation of 18 U.S.C. § 1957. Pursuant to her plea agreement, Molina pleaded guilty to one count of conspiracy and one count of wire fraud.
Also charged in the scheme were Laurence Miles, 76, of Great Britain; Munsif Shirazi, 50, of Bell Canyon, Calif.; Robert Stephens, 66, of Napa, Calif.; and Rayan Lakshmanan, 49, of Davis, Calif. For Miles’s part in the scheme, Judge Koh sentenced him on July 26, 2017, to 108 months in prison. Similarly, for their respective roles in the scheme, Judge Koh sentenced Stephens on August 23, 2017, to 42 months in prison and Lakshmanan on August 16, 2017, to 18 months in prison.
In addition to Molina’s 71-month prison term, Judge Koh ordered her to serve a three-year period of supervised release and to pay a forfeiture money judgement of $5,628,765. A restitution hearing is set for October 18, 2017. Judge Koh ordered Molina to begin serving her sentence on November 29, 2017.
Assistant U.S. Attorneys Amber Rosen and Patrick Delahunty are prosecuting the case with the assistance of Nina Williams and Susan Kreider. The prosecution is the result of an investigation by the FBI and IRS.
Six Individuals Charged in Multi-Million Dollar Insurance FraudRead the Press Release
Six Florida residents have been charged in a multi-million dollar insurance fraud scheme.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announced today the unsealing of an Indictment and the filing of two Informations charging a total of six individuals.
The seven-count Indictment charges Felix Filenger, 41, of Sunny Isles, Andrew Rubinstein, 48, of Miami, and Olga Spivak, 59, of Hollywood, with RICO conspiracy, conspiracy to commit mail fraud, wire fraud, and health care fraud, and false statements relating to health care matters. The one-count Informations charge Richard Yonover, 54, of Boca Raton, Jason Dalley, 66, of Lake Worth, and Linda Varisco, 55, of Coral Springs, with conspiracy to commit mail fraud, wire fraud, and health care fraud.
Filenger, Rubinstein and Spivak appeared for their initial appearance today before U.S. Magistrate Judge Alicia O. Valle. The defendants were all detained pending a pre-trial detention hearing set for October 10, 2017 at 1:00 p.m. for defendant Spivak and October 11, 2017 at 1:00 p.m. for defendants Filenger and Rubinstein. All three hearings will be before U.S. Magistrate Judge Lurana S. Snow.
According to the Indictment unsealed today, from 2010 to the present, Filenger and Rubinstein ran a criminal enterprise which was engaged in a pattern of racketeering activity that included conspiracy to commit mail, wire, and healthcare fraud and conspiring to commit money laundering. The criminal enterprise owned a dozen chiropractic clinics which were used to facilitate criminal activities involving automobile insurance fraud. Filenger and Rubinstein fraudulently utilized licensed chiropractors as nominee owners in order to obtain licensing for their clinics, including defendant Spivak. Filenger and Rubinstein paid illegal kickbacks ranging from $500-$2,100 to persons associated with tow truck companies and other persons who illegally solicited automobile accident victims in order to induce referrals of accident victims to their chiropractic clinics. Filenger and Rubinstein fraudulently obtained tens of millions of dollars of insurance reimbursement from the Personal Injury Protection (PIP) policies of these accident victims. Filenger and Rubinstein and their employees conspired to bill the insurance companies for clinic visits and treatment modalities, designed to bill the entire $10,000 PIP coverage and not based on medical necessity. Filenger and Rubinstein directed their employees to falsify the initial pain levels of the accident victims in order to fraudulently ensure payment from the insurance companies. Based upon instructions from Filenger and Rubinstein, the co-conspirator chiropractic clinics would treat the patients based solely on a profit motive and without regard for patient health. This treatment would include costly and invasive nerve conduction velocity tests performed not based upon medical necessity but upon the amount of insurance compensation received.
The scheme involved convincing the accident victims to visit the co-conspirator chiropractic clinics at least thirty times, in order to bill the largest amount of PIP reimbursement. Filenger and Rubinstein would work with corrupt lawyers and would pay illegal kickbacks for patients. If the accident victims failed to treat for at least thirty visits at their chiropractic clinics, Filenger and Rubinstein would refer them back to the corrupt lawyers so that the victims could be instructed to return to the clinics.
Linda Varisco was a chiropractor who was the nominee owner of two chiropractic clinics for Filenger and Rubinstein, Advance Medical Associates and Forme Rehab, Inc., and Hollywood Wellness and Rehabilitation, Inc. Varisco and Olga Spivak filed false affidavits with insurance companies claiming that they were 100% owners of clinics that were, in fact, owned by Filenger and Rubinstein. Richard Yonover was the undisclosed owner of two clinics in Broward County and unlawfully utilized a nominee to obtain licensing for the clinics and to conceal his true ownership interests. Dalley was an attorney who, along with Richard Yonover, paid illegal kickback payments to obtain clients for personal injury lawsuits. Dalley, who paid in excess of one million dollars in illegal solicitation fees, would send the auto accident clients to co-conspirator chiropractic clinics owned by Filenger, Rubinstein, and Yonover.
If convicted, defendants Filenger and Rubinstein face a statutory maximum term of imprisonment of 80 years and a fine of up to the greater of $1,750,000 or twice the amount of the criminally derived property. If convicted, defendant Spivak faces a statutory maximum term of imprisonment of 70 years and a fine of up to the greater of $1,250,000 or twice the amount of the criminally derived property. If convicted, defendants Yonover, Dalley, and Varisco face a statutory maximum term of imprisonment of five years and a fine of up to $250,000.
Mr. Greenberg commended the investigative efforts of the FBI, the Internal Revenue Service, the Sunny Isles Police Department, the Florida Statewide Prosecutor’s Office, the Broward Sheriff’s Office, the State of Florida Department of Insurance Fraud, and the Department of Homeland Security in connection with the investigation of this matter. The case is being prosecuted by Assistant U.S. Attorneys Jeffrey N. Kaplan and Paul F. Schwartz.
An indictment and information are merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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
Retired U.S. Army Colonel Indicted for Conspiring to Bribe Senior Government Officials of the Republic of HaitiRead the Press Release
A retired U.S. Army colonel was charged in an indictment filed today for his alleged role in a foreign bribery and money laundering scheme in connection with a planned $84 million port development project in Haiti.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney William D. Weinreb of the District of Massachusetts, Assistant Director Stephen Richardson of the FBI’s Criminal Investigative Division and Special Agent in Charge Harold M. Shaw of the FBI’s Boston Field Office made the announcement.
Joseph Baptiste, 64, of Fulton, Maryland, was charged with one count of conspiracy to violate the Foreign Corrupt Practices Act and the Travel Act, one count of violating the Travel Act and one count of conspiracy to commit money laundering in an indictment filed in the District of Massachusetts.
The indictment alleges that Baptiste solicited bribes from undercover FBI agents in Boston who posed as potential investors in connection with a proposed project to develop a port in the Moles Saint Nicolas area of Haiti. According to the indictment, the proposed project was expected to cost approximately $84 million, and was to involve the construction of a cement factory in its first phase. The indictment alleges that during a recorded meeting at a Boston-area hotel, Baptiste told the agents that he would funnel the payments to Haitian officials through a non-profit entity that he controlled — which was based in Maryland and purported to help impoverished residents of Haiti — in order to secure government approval of the project.
The indictment further alleges that in telephone calls Baptiste discussed bribing an aide to a senior Haitian official by giving him a job on the port development project after he left his position. It further alleges that although Baptiste ultimately used for personal purposes approximately $50,000 that he received from the undercover agents for the payment of bribes to Haitian officials — money that was wired at Baptiste’s direction to a non-profit organization he controls — he intended to seek additional money from the undercover agents to use for future bribe payments in connection with the port project.
An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case was investigated by the FBI. Trial Attorney Kevin R. Gingras of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Stephen E. Frank of the District of Massachusetts are prosecuting the case.
The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Retired CPA Sentenced to Prison for Failure to File Tax ReturnsRead the Press Release
PENSACOLA, FLORIDA – Rocky E. Griffith, 63, of Destin, Florida, was sentenced today to 12 months and 1 day in prison and ordered to pay $78,804 in restitution to the IRS. In May 2017, he pled guilty to failure to file tax returns. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
Griffith worked as a certified public accountant for nearly 20 years. After retiring from accounting, he ran charter boat and commercial rental businesses in the Destin area. Following the BP oil spill in 2010, despite earning income from oil spill claims and rental properties, Griffith failed to file tax returns for the years 2010, 2011, and 2012.
This case resulted from an investigation by the Internal Revenue Service-Criminal Investigations. Assistant United States Attorney Alicia H. Forbes prosecuted the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Real Estate Investor Sentenced to 14 Months in Prison for Rigging Bids at Northern California Public Foreclosure AuctionsRead the Press Release
A real estate investor was sentenced today for his role in a conspiracy to rig bids at public real estate foreclosure auctions in Northern California, the Department of Justice announced.
Brian McKinzie was charged on June 30, 2011, in an indictment returned by a federal grand jury in the Northern District of California. McKinzie pleaded guilty on Oct. 26, 2016, to two counts of bid rigging at real-estate foreclosure auctions in Alameda and Contra Costa County. Today, McKinzie was sentenced to serve 14 months in prison and to serve three years of supervised release. In addition to his term of imprisonment, McKinzie was ordered to pay a criminal fine of $10,000 and $652,824.43 in restitution.
“Today’s sentence reflects the seriousness of offenses that subvert the competitive process,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “The Division remains firm in its resolve to seek prison terms for individuals who commit antitrust crimes.”
Between November 2008 and January 2011, McKinzie and other bidders at the auctions conspired not to bid against one another for selected properties, instead designating a winning bidder to win the property at the auction. The members of the conspiracy then held second, private auctions, known as “rounds,” to award the properties to members of the conspiracy and determine payoffs for other conspirators who had agreed not to bid against each other at the public auctions. The private auctions often took place at or near the courthouse steps where the public auctions were held.
When real estate properties are sold at public auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with the remaining proceeds, if any, paid to the homeowner.
The sentence is a result of the division’s ongoing investigation into bid rigging at public real estate foreclosure auctions in California’s San Francisco, San Mateo, Alameda and Contra Costa counties. These investigations are being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Office.
Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Antitrust Division’s San Francisco Office at 415-934-5300 or call the FBI tip line at 415-553-7400.
Pharmaceutical Employee Admits Scheme to Defraud Military Health Insurance ProgramRead the Press Release
NEWARK, N.J. – A Media, Pennsylvania, man today admitted defrauding TRICARE – a health insurance program for members of the military and their families – by submitting fraudulent claims for medically unnecessary prescriptions, Acting U.S. Attorney William E. Fitzpatrick announced.
Jason Cerge, 41, a pharmaceutical sales representative, pleaded guilty before U.S. District Judge John Michael Vazquez in Newark federal court to an information charging him with conspiracy to commit health care fraud.
According to documents filed in this case and statements made in court:
Cerge admitted that from September 2014 through May 2015, he participated in a scheme to defraud TRICARE by knowingly submitting fraudulent claims for medically unnecessary prescription compounded medications – including scar creams, pain creams, and metabolic supplements – that were marketed by an entity referred to in the information as “Company A.” The conspirators knew that TRICARE reimbursed pharmacies between $2,500 and $18,800 for each of these compounded medications. The conspirators entered into agreements with certain compounding pharmacies nationwide to receive a percentage of the amount reimbursed for each prescription diverted to that pharmacy.
Cerge was recruited into the scheme by Peter Pappas, 45, of Drexel Hill, Pennsylvania. Cerge then recruited a former member of the U.S. military, a conspirator identified in the information as “CC-2,” to approach other members of the military and their families. CC-2 paid cash bribes to TRICARE beneficiaries in exchange for their TRICARE information and agreement to receive medically unnecessary prescription compounded medications.
Cerge placed these TRICARE beneficiaries’ information onto preprinted prescription forms and presented them to a New Jersey physician for a signature. Cerge knew that the physician would immediately sign the prescriptions without examining or speaking with the patients.
Afterwards, the prescriptions were faxed to certain compounding pharmacies associated with Company A who would bill TRICARE for the medication. These compounding pharmacies then paid Company A a percentage of each prescription paid by TRICARE, which was then distributed to Cerge and other members of the conspiracy.
As part of his plea agreement, Cerge must forfeit $12,816.24 in criminal proceeds he received for his role in the scheme and pay restitution of at least $204,198.11.
Cerge faces a statutory maximum term of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Jan. 30, 2018.
Three other defendants – Peter Pappas, Stephanie Naar, and Julie Andresen – have pleaded guilty to their roles in the scheme and await sentencing.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; and the U.S. Department of Defense, Office of the Inspector General, Defense Criminal Investigative Service, under the direction of Special Agent in Charge Leigh-Alistair Barzey, with the ongoing investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney Erica Liu of the United States Attorney’s Office Health Care and Government Fraud Unit in Newark.
The New Jersey U.S. Attorney’s Office reorganized its health care practice in 2010 and created a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since that time, the office has recovered more than $1.36 billion in health care fraud and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act and other statutes.
Defense counsel: Scott Godshall Esq., Media, Pennsylvania
Palmyra Man Sentenced to over 10 Years for Conspiring to Distribute OxycodoneRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Warren Laprell, 54, of Palmyra, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 121 months in prison and three years of supervised release for conspiring to distribute oxycodone. Laprell pleaded guilty on January 27, 2017.
According to court records, between June 2013 and April 2015, Laprell ran an oxycodone trafficking conspiracy in Central Maine. The defendant and others obtained about 15,000 30 mg oxycodone tablets in Connecticut and distributed them in Central Maine. On April 16, 2015, federal and state law enforcement officers and agents executed search warrants at Laprell’s Palmyra residence and the residence of one of his associates, Raymond “Ken” Ferris of Detroit, Maine. During the search of Laprell’s residence, investigators found large amounts of prescription pills, drug paraphernalia and five firearms. On May 18, 2016, Ferris was sentenced to 87 months in prison for his role in the conspiracy.
The case was investigated by the U.S. Drug Enforcement Administration and the Somerset County Sheriff’s Department, with the assistance of the Waterville Police Department. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Owner of Tax Preparation Business Convicted of Wire Fraud, Aggravated Identity Theft and Money LaunderingRead the Press Release
Corry E. Pearson, 28, of Riviera Beach, was found guilty by a jury of one count of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349, sixteen counts of wire fraud, in violation of 18 U.S.C. § 1343, eight counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A, two counts of money laundering, in violation of 18 U.S.C. § 1956(a)(1)(B)(i), and two counts of money laundering, in violation of 18 U.S.C. § 1957.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), Sarah J. Mooney, Chief, West Palm Beach Police Department, and Frank J. Kitzerow, Chief, Jupiter Police Department, made the announcement.
According to the evidence presented at trial, from 2012 through 2014, the defendant and his accomplices submitted more than 1600 federal income tax returns. In some cases, they used Tax King, Inc., a tax preparation business operated by the defendant, to file the returns. In other cases, they filed the returns using home tax preparation software, and falsely represented that the taxpayers had prepared and filed the returns themselves. Almost all the returns were fraudulent. In some cases, the defendant and his accomplices stole other people’s identities and filed Federal income tax returns in the victims’ names, collecting the refunds for themselves. The defendant and his accomplices also falsely reported that money had been withheld from taxpayers’ wages and gambling winnings, falsely claimed that the taxpayers were entitled to education credits when they had not in fact attended school in the years in question, and filed fraudulent returns in the names of inmates who were serving long sentences during the tax year of the return. In order to disguise their own identities, the defendant and his accomplices listed victims of identity theft as tax preparers on the returns they filed and directed that the refunds be deposited onto debit cards and into accomplices’ bank accounts. In total, the returns filed by the defendant and his accomplices sought at least $6,117,430 in tax refunds. Based on those returns, the Treasury paid out at least $1,356,240 in refunds.
Co-defendant Stephane Cindy Anor, 27, of West Palm Beach, pled guilty on August 29, 2017 to one count of conspiracy to commit wire fraud. Sentencing for Anor is scheduled for November 9, 2017. Irene Wilson, 51, of Riviera Beach, a defendant in a related case, pled guilty to one count of conspiracy to defraud the United States through false claims. On September 22, 2017, Wilson was sentenced to 12 months’ home confinement.
Sentencing for Pearson is scheduled for December 19, 2017 before U.S. District Judge Beth Bloom. Pearson faces a maximum possible statutory sentence of 20 years in prison for the conspiracy to commit wire fraud, 20 years in prison on each count of wire fraud, 20 years in prison on each count of money laundering, in violation of 18 U.S.C. § 1956(a)(1)(B)(i), 10 years in prison on each count of money laundering, in violation of 18 U.S.C. § 1957, and a mandatory sentence of 2 years in prison on each count of aggravated identity theft.
Mr. Greenberg commended the investigative efforts of IRS-CI, the West Palm Beach Police Department and Jupiter Police Department. This case is being prosecuted by Assistant U.S. Attorneys Marc Osborne and Roger Stefin.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov/ or on http://pacer.flsd.uscourts.gov/.
Norwich Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that RAMAEL ARTIS, also known as “Rah,” 36, of Norwich, pleaded guilty today in Hartford federal court to one count of possession with intent to distribute heroin, and one count of possession of a firearm in furtherance of a drug trafficking crime.
According to court documents and statements made in court, on March 15, 2016, a court-authorized search of ARTIS’ Norwich apartment revealed approximately 50 grams of heroin, a quantity of cocaine, and items used to process and package narcotics for street sale.
The investigation also revealed that between July 2015 and March 2016, ARTIS obtained four handguns by trading heroin for each firearm.
ARTIS is scheduled to be sentence by U.S. District Judge Vanessa L. Bryant in Hartford on January 3, 2018, at which time he faces a maximum term of imprisonment of 20 years of the heroin offense, and a mandatory consecutive sentence of at least five years on the firearm offense.
ARTIS has been detained since his arrest on March 15, 2016.
This investigation has been conducted by the FBI’s Northern Connecticut Safe Streets Task Force, and the Town of Groton, Norwich and Waterford Police Departments. The case is being prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.
North Country Woman Sentenced on Methamphetamine-Related ChargeRead the Press Release
SYRACUSE, NEW YORK – Cayla Wujek, age 25, formerly of Lewis County, was sentenced yesterday to serve 66 months imprisonment for possessing pseudoephedrine knowing it would be used to manufacture methamphetamine, announced Acting United States Attorney Grant C. Jaquith, U.S. Drug Enforcement Administration (DEA) Special Agent in Charge James J. Hunt of the New York Division and New York State Police Superintendent George P. Beach II.
As part of her previous guilty plea, Wujeck admitted that between January 2014 and July 2016, she purchased pseudoephedrine pills with an aggregate weight of 94 grams from different drug stores in and around Lewis County. Wujek knew there were restrictions on the sale of pseudoephedrine, and so, to avoid scrutiny, often rotated the stores from which she bought the pills. Wujek purchased the pseudoephedrine knowing it would be used to illegally manufacture methamphetamine, and gave the pills she had purchased to others for that purpose. In return, Wujek received finished methamphetamine from the methamphetamine “cooks,” or, in some cases, received heroin in exchange for the pills.
Wujek, who has been detained since her arrest on April 21, 2017, entered her guilty plea on May 31, 2017. After completing her 66-month term of imprisonment, Wujek will serve a term of supervised release of at least 3 years.
This case was investigated by the New York State Police (NYSP), including the NYSP Contaminated Crime Scene Emergency Response Team (CCERT), the Lewis County Sheriff’s Office, and the U.S. Drug Enforcement Agency, and was prosecuted by Assistant U.S. Attorney Carl Eurenius.
New London Man Sentenced to 3 Years in Prison for Violating Supervised ReleaseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ELLSWORTH ROBERTSON, also known as “S,” 37, of New London, was sentenced today by U.S. District Judge Jeffrey Alker Meyer in New Haven to 36 months of imprisonment, followed by five years of supervised release, for violating the conditions of his supervised release from a 2008 federal conviction.
According to court documents and statements made in court, on May 20, 2008, ROBERTSON was sentenced in Hartford federal court to 70 months of imprisonment, followed by four years of supervised release, for possessing with intent to distribute crack cocaine. He was released from federal prison in February 2014.
On November 7, 2015, while he was on federal supervised release, ROBERTSON was arrested by the Mohegan Tribal Police Department after he was found in possession of distribution quantities of cocaine and crack cocaine in the wake a stabbing incident at the Mohegan Sun casino. On that date, ROBERTSON and an associate, who is also a convicted felon, were involved in an altercation with another individual who was stabbed and seriously injured.
In May 2016, a court-authorized search of ROBERTSON’s New London apartment revealed two loaded semi-automatic pistols, more than two kilograms of cocaine, approximately 73 grams of heroin, drug paraphernalia, and thousands of dollars in U.S. currency.
ROBERTSON has been detained since his arrest on May 18, 2016.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New London Police Department and the Connecticut State Police’s Statewide Narcotics Task Force. The case was prosecuted by Assistant U.S. Attorney John H. Durham.
Michigan Tax Return Preparer Indicted for Allegedly Preparing Fraudulent Tax ReturnsRead the Press Release
A federal grand jury sitting in the Eastern District of Michigan returned an indictment today charging the owner of a tax return preparation business with 26 counts of preparing fraudulent tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the indictment, Gary Hairston owned and operated Gary Y Hairston & Co PLLC, a tax return preparation business located in Inkster, Michigan. From at least 2010 through 2014, Hairston allegedly filed fraudulent tax returns with the Internal Revenue Service (IRS) on behalf of his clients. The indictment alleges that Hairston reported fake businesses and falsely claimed the earned income tax credit on clients’ tax returns, seeking refunds to which those clients were not entitled.
If convicted, Hairston faces a statutory maximum sentence of three years in prison on each count, as well as a period of supervised release, restitution, and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Carl F. Brooker, IV and Thomas F. Koelbl Sr. of the Tax Division, who are prosecuting the case.
An indictment is not a finding of guilt. Individuals charged in indictments are presumed innocent until proven guilty beyond a reasonable doubt.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Miami-Dade County Residents Plead Guilty to Conspiracy to Illegally Export Prohibited Articles to Syria in Violation of U.S. Export Control LawsRead the Press Release
Three Miami-Dade County residents pled guilty yesterday to conspiracy to defraud the United States and to illegally export aviation parts and equipment to Syria, in violation of the International Emergency Economic Powers Act (IEEPA). The exports were sent to Syrian Arab Airlines, a/k/a “Syrian Air” (Syrian Air). Syrian Air was designated as a Specially Designated National (SDN) by the U.S. Department of Treasury, Office of Foreign Assets Control (OFAC). U.S. persons and entities are prohibited from doing business with SDNs, such as Syrian Air, without obtaining a license from OFAC.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Dana J. Boente, Acting Assistant Attorney General for National Security, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Robert Luzzi, Special Agent in Charge, Department of Commerce’s Office of Export Enforcement (DOC), Miami Field Office, and the members of the South Florida Joint Terrorism Task Force, made the announcement.
Ali Caby, a/k/a “Alex Caby,” 40, Arash Caby, a/k/a “Axel Caby,” 43, and Marjan Caby, 34, were charged with conspiracy to violate the IEEPA by exporting dual-use goods, that is, articles that have both civilian and military application, without a license to Syrian Air, the Syrian government’s airline, which is an entity designated and blocked by OFAC for transporting weapons and ammunition to Syria in conjunction with Hizballah, a terrorist organization, and the Iranian Revolutionary Guard Corps.
According to court documents, Ali Caby ran the Bulgaria office of AW-Tronics, a Miami export company that was managed by Arash Caby, and which shipped and exported various aircraft parts and equipment to Syria via Syrian Air. Ali Caby and Arash Caby closely supervised and encouraged subordinate employees of AW-Tronics in the willful exportation of the parts and equipment to Syrian Air, whose activities assisted the Syrian government’s violent crackdown on its people. Marjan Caby, as AW-Tronics’ export compliance officer and auditor, facilitated these exports by submitting false and misleading electronic export information to federal agencies.
The defendants are scheduled to be sentenced by U.S. District Judge Beth Bloom on December 19, 2017. They face a possible statutory maximum sentence of up to five years in prison, three years of supervised release and a $250,000 fine.
Mr. Greenberg and Mr. Boente commended the investigative efforts of the FBI, DOC, Department of Homeland Security, Defense Criminal Investigative Service, U.S. Customs and Border Protection and the South Florida Joint Terrorism Task Force. The case is being prosecuted by Assistant U.S. Attorneys Ricardo Del Toro and Michael Thakur and Trial Attorney Matthew Walczewski of the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division.
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.
Mexican Citizen Sentenced for Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Filiberto Moran Vasquez, age 50, and a citizen of Mexico, was sentenced today to time served (23 days in jail) for illegally re-entering the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Moran Vasquez admitted that he is a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on June 6, 2007. Moran Vasquez had also previously been removed on February 7, 2007.
On September 11, 2017, Moran Vasquez was arrested by ICE officers in Saratoga Springs, New York.
Following the sentencing, Moran Vasquez was remanded to the custody of the Department of Homeland Security, for removal proceedings.
The case was investigated by ICE-ERO in Albany and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Members and Associates of Dove Springs Gangstas in Austin Face Federal Drug Trafficking and Racketeering ChargesRead the Press Release
In Austin, members and associates of the Dove Springs Gangstas (aka “DSG”) face federal charges in connection with the death of Darian Longoria in December 2015 announced United States Attorney Richard L. Durbin, Jr., Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division, and Austin Police Chief Brian Manley.
A ten-count federal grand jury indictment charges 22–year-old Richard Ortega, 21-year-old Orlando Arroyo (aka “Orly”), and 20-year-old Brian Aguayo with one count of murder in aid of racketeering, one count of kidnapping in aid of racketeering and one count of conspiracy to commit kidnapping in aid of racketeering. The indictment also charges Ortega with two counts, and Arroyo with one count, of discharging a firearm during a drug trafficking crime or a crime of violence. Ortega and Arroyo are also charged with one count of possession/use/carrying a firearm in relation to a crime of violence resulting in murder.
The indictment further charges Ortega with one count of conspiracy to possess with intent to distribute marijuana from 2013 to May 2017. The indictment also charges 35-year-old Jorge Avilez-Mondragon (aka “Bunny”, “Conejo”), 36-year-old Norma Luis-Frias, 21-year-old Jacob Guzman, 22-year-old Leslie Mendez-Munoz, and 20–year-old Kathia Gomez with one count of conspiracy to possess with intent to distribute cocaine from April 2016 through October 2016. Avilez-Mondragon and Mendez-Munoz are also charged with two counts of possession with intent to distribute cocaine within 1,000 feet of a school, namely, Perez Elementary. Luis-Frias and Guzman are charged with one count of possession with intent to distribute cocaine near a school (Perez).
The indictment alleges that members of DSG engaged in acts of violence, including murder, attempted murder, robbery and narcotics distribution primarily in and around Austin in order to further, preserve and protect the power, territory and profits of their criminal enterprise. The indictment specifically alleges that Ortega, Arroyo and Aguayo conspired to kidnap, shoot and kill 16-year-old Darian Longoria on or about December 7, 2015. On January 3, 2016, Longoria’s body was discovered along Onion Creek.
Statutory penalties upon conviction are as follows: Murder in aid of racketeering -- mandatory life in federal prison; Kidnapping in aid of racketeering charge -- up to life in federal prison; Conspiracy to commit kidnapping in aid of racketeering -- up to ten years in federal prison; Possession of a firearm during a drug trafficking or violent crime – between ten years and life in federal prison; Possession/use/carrying a firearm in relation to a crime of violence resulting in murder – up to life in federal prison; Conspiracy to possess with intent to distribute marijuana – up to five years in federal prison; Conspiracy to possess with intent to distribute cocaine – up to 20 years in federal prison; and, Possession with intent to distribute cocaine near a school – between one and 40 years in federal prison.
All of the defendants remain in federal custody with the exception of Kathia Gomez. At a detention hearing this morning, U.S. Magistrate Judge Mark Lane ordered that Luis-Frias, Avilez-Mondragon, Arroyo and Guzman be held without bond pending trial. Prior to today, Ortega, Aguayo, and Mendez-Munoz waived their detention hearings agreeing to remain in federal custody pending trial. U.S. Magistrate Judge Andrew Austin released Gomez on a personal recognizance bond on September 25, 2017. Jury selection and trial in this case is scheduled for December 4. 2017, before U.S. District Judge Sam Sparks in Austin.
The FBI Safe Streets Task Force and the Austin Police Department investigated this case. Assistant United States Attorneys Matt Harding and Dan Guess are prosecuting this case on behalf of the Government. The FBI Safe Streets Task Force is comprised of investigators from the Austin Police Department, Texas Department of Public Safety and Immigration and Customs Enforcement - Enforcement and Removal Operations (ICE ERO).
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty in a court of law.
Med-Fast Pharmacy Inc. and Former Exec Agree to Resolve Criminal and Civil ChargesRead the Press Release
PITTSBURGH – Individuals and entities associated with Med-Fast Pharmacy, Inc. (“Med-Fast”) have agreed to resolve criminal and civil charges associated with Med-Fast’s improper submission of claims to the Medicare and Medicaid programs, Acting United States Attorney Soo C. Song announced today.
As part of this global resolution, the former Vice President of Store Operations for Med-Fast, defendant Gino Cordisco, 47, of Mars, Pennsylvania, has been charged with one count of conspiracy related to his participation in a scheme to fill prescriptions for nursing homes with recycled unused drugs that were commingled with drug stocks on hand at Med-Fast’s Institutional Pharmacy. Defendant Iserve Technologies, Inc., which is co-located with and operated out of Med-Fast, participated in the same scheme, and was similarly charged with conspiracy. These criminal charges follow the earlier guilty plea on related charges of Correna Pfeiffer, 37, of Monaca, Pennsylvania, who previously served as the manager of the Med-Fast Institutional Pharmacy.
Med-Fast Pharmacy, Inc., its owner Douglas Kaleugher, and related entities also have agreed to pay the United States $2,666,300.00 to settle civil False Claims Act allegations. The civil settlement resolves allegations in two separate whistleblower lawsuits filed in federal court in Pittsburgh, Pennsylvania. The settled claims contended that Med-Fast violated the False Claims Act by distributing and submitting claims to Medicare for medication that it had either recycled from long-term care facilities serviced by its institutional pharmacy, or that otherwise differed from the medications identified as part of the claims submitted to the United States. The settlement also resolves allegations that Med-Fast violated the False Claims Act by submitting claims to Medicare and Pennsylvania Medicaid that sought reimbursement for the retail-packaged version of diabetes testing strips, while actually supplying patients with cheaper mail-order-packaged version of the same strips.
“These criminal and civil agreements demonstrate our commitment to safeguarding the integrity of federal health care programs and the safety and well-being of the public,” said Acting U.S. Attorney Song. “Pharmacists and pharmacies must deal fairly and honestly with federal health care programs, and this U.S. Attorney’s Office will hold accountable those who do not.”
These matters were investigated by The U.S. Food and Drug Administration-OCI, the Drug Enforcement Administration-Diversion Investigators, the Office of Inspector General of the Department of Health and Human Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Nelson P. Cohen prosecuted the criminal cases on behalf of the government and Assistant U.S. Attorney Colin J. Callahan litigated the civil cases on behalf of the Affirmative Civil Enforcement Section of the United States Attorney’s Office.
The civil cases resolved by this settlement are captioned United States ex rel. Darla Reid v. Med-Fast Pharmacy, Inc., Civil Action No. 13-715 (WDPA); and United States ex rel. Bryan Bisceglia v. Med-Fast Pharmacy, Inc. et al., Civil Action No. 13-0368 (WDPA). The claims resolved by the civil settlement are allegations only, and there has been no determination of liability. The conspiracy charge against Cordisco carries a maximum total sentence of 5 years in prison, a fine of $250,000 or both. The conspiracy charge against Iserve Technologies, Inc. carries a maximum total sentence of 5 years probation, a fine of $500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Mechanicsburg Businessman Pleads Guilty to Failure to Pay Federal TaxRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Nicholas A. Long, age 30, of Mechanicsburg, Pennsylvania, pleaded guilty today before United States District Court Judge Sylvia H. Rambo to willful failure to pay federal taxes.
According to United States Attorney Bruce D. Brandler, Long pleaded guilty to an information charging him with the willful failure to pay federal payroll taxes owed by his business, Harrisburg Commercial Interiors, LLC during 2013.
An Internal Revenue Service (IRS) investigation revealed that Long, through his solely owned commercial drywall business, Harrisburg Commercial Interior, LLC (HCI), willfully did not pay $216,304 in employment taxes during 2013 and 2014. The IRS investigation began when several HCI employees contacted the IRS because they did not receive their 2013 income tax refunds.
As the owner of HCI, Long exercised primary control over the financial affairs of the business, was solely responsible for issuance of all paychecks, and had sole signature authority on HCI's business bank account. Although he issued payroll checks totaling $730,788 in gross wages during 2013 and 2014, Long did not file the requisite Employer's Quarterly and Annual Federal Tax Returns, Forms and 940, with the IRS, nor pay over the $160,399 he withheld from his employees pay checks to the government.
Under the terms of a plea agreement Long agreed to make full restitution in the amount of $216,304. No date was set by Judge Rambo for sentencing pending completion of a presentence report.
The case was investigated by the Harrisburg Office of the IRS Criminal Investigations and is being prosecuted by Assistant United States Attorney Kim Douglas Daniel.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a $250,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Mattydale Man Sentenced to 15 Years in Prison for Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Steven Doty, 53, of Mattydale, New York, was sentenced yesterday in federal court to serve 15 years in prison to be followed by a 15 year term of supervised release in connection with his previous plea of guilty to two counts of distribution of child pornography, one count of receipt of child pornography and one count of possession of child pornography. As a result of his conviction, Gonyea will be required to register as a sex offender upon his release from prison.
The announcement was made by the Acting United States Attorney Grant C. Jaquith and Vadim Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
In pleading guilty, Doty admitted to using peer-to-peer software to distribute videos of child pornography on July 6, 2015 and from July 16, 2016 through July 29, 2016. Doty also admitted to downloading a file directory containing approximately one-thousand (1000) images of child pornography and possessing thirty-two (32) “hard core” videos.
This case was investigated by the Albany Division of the FBI (Syracuse Resident Agency) and the New York State Police, and was prosecuted by Assistant U.S. Attorney Robert Levine.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Maryland Man Pleads Guilty to Production of Child PornographyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885Baltimore, Maryland – On October 3, 2017, Eric Nathaniel Sammons, age 25, of Trappe, Maryland, pleaded guilty to two counts of production of child pornography.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning, Superintendent of the Maryland State Police William M. Pallozzi and Special Agent in Charge Andre R. Watson of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Baltimore Field Office.
According to his plea agreement, between 2014 and 2016, Sammons sexually exploited four minors and produced images of the minors engaged in sexually explicit conduct. Additionally, Sammons maintained a collection of child pornography on his digital devices.
Prior to May 25, 2016, Sammons set up a hidden camera in the bathroom of a twelve-year-old male victim and recorded a series of 47 videos.
On approximately October 6, 2015, Sammons took a series of 32 photographs of Jane Doe 1, including images that depicted the child partially naked and in various poses.
From approximately May 26, 2016 through September 2016, Sammons was living in the detached garage to a residence in Caroline County. During this time he snuck into the bedroom of two female victims, ages 3 and 5, and produced 11 pornographic images of Jane Doe 2 and Jane Doe 3 engaged in sexually explicit conduct while they slept.
Sammons’ digital devices were forensically examined. Investigators found images and videos of child pornography on the devices, and determined that his mobile phone, the digital camera and the video camera were used to produce the child pornography. The devices contained the images Sammons produced of the victims as well as an additional 6 videos and over 3000 images of child pornography.
Sammons faces a maximum sentence of 40 years in prison. U.S. District Judge Richard D. Bennett has scheduled sentencing for January 11, 2018 at 3 p.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Stephen M. Schenning commended Homeland Security Investigations, the Talbot County Narcotics Task Force, Maryland State Police, and the States Attorney’s Office and Child Protective Service of Caroline and Talbot Counties for their work in the investigation. Mr. Schenning thanked Assistant United States Attorney Paul Budlow, who is prosecuting the case.
Manchester Man Sentenced for Fentanyl TraffickingRead the Press Release
Concord, N.H.— Acting United States Attorney John J. Farley announced that Michael J. Soto-Hernandez, 26, a/k/a “Quajo,” previously of Manchester, New Hampshire, was sentenced on Tuesday to 40 months in federal prison for distributing fentanyl in Manchester in 2016.
According to the indictment, statements made in court, and other public records in the case, on several occasions throughout 2016, investigators used a cooperating individual to make purchases of heroin from Soto-Hernandez. Subsequent lab results showed that the substance that Soto-Hernandez sold was actually fentanyl.
Soto-Hernandez pleaded previously pleaded guilty to two drug distribution charges in June of 2017.
This matter was the product of an investigation of the Organized Crime Drug Enforcement Task Force (OCDETF) and the Federal Bureau of Investigation’s Safe Streets Gang Task Force. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. Other state and local authorities involved in the investigation include the Manchester Police Department, the Hudson Police Department, the New Hampshire State Police, the Nashua Police Department, and the New Hampshire Department of Corrections Probation and Parole. The case was prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Man Arrested for Threatening to Murder African-Americans at Howard UniversityRead the Press Release
ALEXANDRIA, Va. – An Alexandria man was arrested today for allegedly threatening to murder African-Americans at Howard University.
John Edgar Rust, 24, a previously convicted felon, has been charged with the transmission in interstate commerce of a communication containing threats to injure the person of another. According to court documents, on Nov. 11, 2015, Rust used the in-store Wi-Fi of a restaurant in Alexandria to post a statement online threatening to murder African-Americans at Howard University.
Rust is scheduled to appear before U.S. Magistrate Judge Theresa C. Buchanan at the federal courthouse in Alexandria tomorrow at 2 p.m. for a preliminary and detention hearing.
Rust faces a maximum penalty of 5 years in prison if convicted. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement. Assistant U.S. Attorneys Nicholas U. Murphy and Maya D. Song are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-mj-56.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Lower Brule Man Charged with Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man has been indicted by a federal grand jury for Sexual Abuse of a Person Incapable of Consent.
Bates Hood, Jr., age 40, was indicted on September 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 2, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered, as well as an additional special assessment of $5,000.
The Indictment alleges that on January 31, 2016, Hood knowingly engaged in, and attempted to engage in a sexual act with a female victim, when at the time the victim was incapable of declining participation in and communicating her unwillingness to engage in the sexual act.
The charge is merely an accusation and Hood is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Hood was released on bond pending trial, which has been set for November 28, 2017.
Louisville Convicted Felon Guilty of Threatening to Kill A Louisville Metro Intelligence (LM Intel) Joint Task Force Member and Multiple Firearm ViolationsRead the Press Release
LOUISVILLE, Ky. – United States Attorney Russell M. Coleman today announced the guilty plea of a Louisville convicted felon, in United States District Court, on September 25, 2017, before Senior Judge Thomas B. Russell, to one count of threatening to kill a Louisville Metro Police Officer while engaged in the performance of his official duties, and with firearms violations. These charges result from an investigation by Louisville Metro Intel (LM Intel): an intelligence-led task force which identifies serious, violent offenders and leverages all available resources to investigate, apprehend and prosecute these offenders. The LM Intel Joint Task Force was announced in January of 2017, and includes the United States Attorney’s Office, federal investigative agencies, state prosecutors and Louisville Metro Police.
Roman L. Brown, Jr., 26, was indicted with co-defendant Chicoby Summers on May 10, 2017, and by grand jury indictment on April 10, 2017. Both defendants were charged with counts of being a convicted felon in illegal possession of firearms and defendant Brown was charged with threatening to assault and threatening to kill a member of LM Intel. Brown is in federal custody and is scheduled for sentencing before Senior Judge Russell on January 17, 2018 at 11:30 a.m.
Brown admitted that on April 12, 2017, he threatened to assault and threatened to kill the LM Intel Joint Task Force member, with the intent to impede, interfere, intimidate and retaliate against the LM Intel member while he was engaged in the performance of his duty. Further, on the same day, Brown threatened to assault a member of the immediate family of the LM Intel Joint Task Force member, while he was engaged in the performance of his official duty.
Brown further admitted to being a convicted felon in possession of a Glock Model 36, .45 caliber pistol, and a Zastava, AK-style 7.62 caliber pistol. Brown was convicted in Jefferson County Circuit Court of Trafficking in a Controlled Substance First Degree, on September 18, 2013.
Defendant Summers is charged with being a felon in possession of firearms and ammunition – when at the time of his arrest, on April 12, 2017, he possessed two Taurus 9 millimeter handguns and a Zastava, 7.62 caliber pistol, Model PAP M92PV, and ammunition. Summers was initially charged in a federal complaint Summers was convicted in Jefferson county Circuit Court of Trafficking in a Controlled Substance First Degree and Tampering with Physical Evidence on October 9, 2014. His charges are still pending.
Brown could be sentenced to no more than a combined sentence of 42 years in prison, and both could be required to pay a fine and serve a period of supervised release.
This case is being prosecuted by Assistant United States Attorney Erin G. McKenzie and is being investigated by the Bureau of Alcohol, Tobacco, and Firearms and the Louisville Metro Police Department.V
Latin Dragon Gang Member Charged with Murder in Aid of RacketeeringRead the Press Release
An alleged member of Chicago’s criminal street gang, the Latin Dragons, has been charged with murder in aid of racketeering, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Clifford D. Johnson for the Northern District of Indiana.
According to the criminal complaint, filed yesterday, Manuel Diaz, 26, of Hammond, Indiana, is a member of the Latin Dragons, a criminal gang whose members engage in acts of violence, including murder, attempted murder, robbery, kidnapping and assault, to protect the gang’s territory and drug operations. Latin Dragons gang members are required by gang rules to take immediate violent action against anyone who threatens them, and gain respect and status within the gang by doing so.
According to the allegations, on Sept. 30, Diaz engaged in a brief confrontation with the driver of an SUV at a local gas station, during which Diaz’s passenger flashed gang signs at occupants of the SUV and the driver of the SUV displayed a semi-automatic handgun to Diaz. After Diaz and the SUV left the gas station parking lot, Diaz pursued the SUV in his vehicle. A third car, traveling with the SUV, intervened and refused to allow Diaz’s vehicle to pass. According to the allegations, Diaz retrieved a revolver from under the driver’s seat of his vehicle and fired one shot into the third car, striking the driver in the head and killing him.
This case is the result of the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, the Hammond Police Department, the East Chicago Police Department, along with the Chicago and Calumet City, Illinois Police. The case is being prosecuted by Trial Attorney Joseph A. Cooley of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney David J. Nozick.
A complaint is merely an allegation and all persons charged are presumed innocent until and unless proven guilty in court.
Latin Dragon Gang Member Charged with Murder in Aid of RacketeeringRead the Press Release
WASHINGTON - An alleged member of Chicago’s criminal street gang, the Latin Dragons, has been charged with murder in aid of racketeering, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Clifford D. Johnson for the Northern District of Indiana.
According to the criminal complaint, filed yesterday, Manuel Diaz, 26, of Hammond, Indiana, is a member of the Latin Dragons, a criminal gang whose members engage in acts of violence, including murder, attempted murder, robbery, kidnapping and assault, to protect the gang’s territory and drug operations. Latin Dragons gang members are required by gang rules to take immediate violent action against anyone who threatens them, and gain respect and status within the gang by doing so.
According to the allegations, on Sept. 30, 2017, Diaz engaged in a brief confrontation with the driver of an SUV at a local gas station, during which Diaz’s passenger flashed gang signs at occupants of the SUV, and the driver of the SUV displayed a semi-automatic handgun to Diaz. After Diaz and the SUV left the gas station parking lot, Diaz pursued the SUV in his vehicle. A third car, traveling with the SUV, intervened and refused to allow Diaz’s vehicle to pass. According to the allegations, Diaz retrieved a revolver from under the driver’s seat of his vehicle and fired one shot into the third car, striking the driver in the head and killing him.
This case is the result of the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, the Hammond Police Department, the East Chicago Police Department, along with the Chicago and Calumet City, Illinois Police. The case is being prosecuted by Trial Attorney Joseph A. Cooley of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney David J. Nozick.
A complaint is merely an allegation and all persons charged are presumed innocent until and unless proven guilty in court.
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Las Vegas Man Sentenced to Nearly Four Years in Prison for Investment Fraud SchemeRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man who stole from 42 victims in connection with an investment fraud scheme was sentenced Tuesday to 46 months in prison, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Sean Christopher Sladek, 40, pleaded guilty in May to one count of wire fraud. In addition to imprisonment, U.S. District Judge Jennifer A. Dorsey ordered restitution in the amount of $1,422,923 and a forfeiture money judgment of $2,638,143.26.
According to the indictment, Sladek solicited investment funds from persons, including some he met through social media sites, such as online dating platforms Tinder and Bumble. According to admissions made in the plea agreement, Sladek falsely represented himself as a successful securities trader and investor. In May 2013, he caused a victim in California to transfer $100,000 to him. He told the victim that the monies would generate positive returns through trading, securities transactions, and investment in securities. Sladek did not generate positive returns and had no intent to do so. Instead, he used the stolen money for personal expenses to include gambling, dining, and entertainment.
The investigation was conducted by the FBI and prosecuted by Assistant U.S. Attorney Jared Grimmer.
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Korean National Pleads Guilty to Conspiring to Defraud the United States by Diverting Millions of Untaxed CigarettesRead the Press Release
LOS ANGELES – Un Hag Baeg, 58, of Marina del Rey, a Korean national currently living in the United States, pleaded guilty yesterday afternoon to conspiring to defraud the United States government by evading federal excise taxes due on 143 million cigarettes sold domestically but which the co-conspirators claimed were destined for cargo vessels sailing out of the ports of Los Angeles and Long Beach.
In the United States, cigarettes are subject to a federal excise tax of $50.33 per one thousand cigarettes. This tax is generally paid by the manufacturer, but may be avoided if the cigarettes are properly transferred to a bonded warehouse in order to be exported or consumed outside of the United States. Untaxed cigarettes sold for this purpose are known as “export-only” cigarettes. When export-only cigarettes are diverted from their proper destination, and instead sold in the United States, federal and state taxing authorities suffer lost excise taxes.
According to court documents, between 2012 and 2015, Baeg and others conspired to divert approximately 143 million export-only cigarettes from an export warehouse near the Port of Los Angeles. Baeg purchased the cigarettes under the pretext that the cigarettes would be provided to various ships sailing out of the United States from the ports. In fact, the cigarettes were sold in the United States resulting in millions of dollars in lost federal and state excise taxes. Baeg and his co-conspirators subsequently hid their fraud by preparing false paperwork indicating that the cigarettes had been delivered to the various ships. In order to give this paperwork the appearance of legitimacy, the conspirators would stamp the paperwork with false rubber stamps bearing the names of the subject cargo vessels.
The conspiracy resulted in the evasion of federal excise taxes totaling $7,260,203.16 and California state excise taxes totaling $5,986,458.00.
United States District Judge S. James Otero set Baeg’s sentencing for January 29, 2018.
The case was investigated by the Alcohol and Tobacco Tax and Trade Bureau, Internal Revenue Service Criminal Investigation Division, Department of Homeland Security - Immigration and Customs Enforcement - Homeland Security Investigations, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being prosecuted by Assistant United States Attorney James Hughes and Department of Justice - Tax Division Trial Attorney Christopher Strauss.
Keeseville Man Sentenced for Unlawful Gun PossessionRead the Press Release
ALBANY, NEW YORK – Kenneth R. Carte, Jr., age 27, of Keeseville, New York, was sentenced today to 12 months and 1 day in prison for possessing a firearm as a felon.
The announcement was made by Acting United States Attorney Grant C. Jaquith; Special Agent in Charge Ashan M. Benedict of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), New York Field Office; and New York State Police Superintendent George P. Beach II.
As part of his guilty plea on June 1, 2017, Carte admitted that on November 17, 2016, he sold a Remington Model 870 Express shotgun and a box of Remington .410 shotgun shells to another person. At the time, he was a felon, having been convicted of criminal possession of stolen property. Investigators also recovered from Carte’s house a loaded Remington Model 742 semi-automatic rifle.
Chief Judge Glenn T. Suddaby also sentenced Carte to 3 years of post-imprisonment supervised release.
This case was investigated by the New York State Police Troop B Gun Unit and the ATF, and was prosecuted by Assistant U.S. Attorney Douglas Collyer.
Kalamazoo Man Sentenced for Felon Firearm PossessionRead the Press Release
GRAND RAPIDS, MICHIGAN —Mosa Jamal Almahdi, 26, most recently of Kalamazoo, Michigan, was sentenced to 57 months’ of federal imprisonment by Chief U.S. District Judge Robert J. Jonker, after his guilty plea to being a convicted felon in possession of firearms, Acting U.S. Attorney Andrew Birge announced today. His sentence is to run consecutively to his current State of Michigan sentence for carrying a concealed weapon and assault with a dangerous weapon in an earlier incident. He will be under the supervision of the federal court for three years after he is released. He was also ordered to pay a fine of $15,000.
On June 25, 2015, hours after meeting with his State of Michigan probation officer following sentencing for his felony convictions in 9th Circuit Court, Kalamazoo, Michigan, Almahdi left his residence in Kalamazoo with two firearms, a Beretta 9mm semiautomatic pistol and a Remington .45 caliber semiautomatic pistol, intending to trade them for an AK-47 assault rifle. Almahdi was arrested en route to the prearranged location for the firearms exchange. At the sentencing hearing, Chief Judge Jonker described Almahdi’s actions as "brazen" and "egregious" in attempting to trade firearms to acquire an AK-47 so soon after sentencing on his state felony offenses and just four hours after his Michigan probation officer warned Almahdi that he was prohibited from owning or possessing firearms.
"Mosa Almahdi’s actions in possessing firearms and attempting to obtain another firearm shortly after his sentencing for a felony offense flouted both the law and his Michigan probation officer’s admonition," Acting U.S. Attorney Andrew Byerly Birge said. "The Court’s sentence is a message that the consequences are severe for convicted felons who violate federal firearms laws."
"The collaborative efforts of the FBI’s Kalamazoo Resident Agency and Kalamazoo Department of Public Safety in responding quickly to prevent Mr. Almahdi from obtaining an assault rifle is testament to the priority we place on keeping our communities safe. The public should know we will continue efforts to prevent gun offenses in the Western District of Michigan," said David P. Gelios, Special Agent in Charge, FBI Detroit.
The FBI and Kalamazoo Department of Public Safety investigated this offense. Assistant U.S. Attorney Clay M. West prosecuted the case.
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Justice Department Releases Statistics on the Impact of Immigration Judge SurgeRead the Press Release
The Department of Justice’s Executive Office for Immigration Review (EOIR) today released statistics on the impact of Executive Order (EO) 13767: Border Security and Immigration Enforcement Improvements, which called for Attorney General Jeff Sessions to assign immigration judges to immigration detention facilities.
Pursuant to the President’s Executive Order, over one hundred immigration judges have been mobilized to Department of Homeland Security detention facilities across the country, including along the southern border. This mobilization includes both in-person assignments and dockets heard via video teleconferencing (VTC).
Comparing the results of the surge to historical scheduling and outcome data, EOIR has projected that the mobilized immigration judges have completed approximately 2,700 more cases than expected if the immigration judges had not been detailed. This means that completed cases by detailed immigration judges have outpaced expected home court deferrals, resulting in a positive net effect on the nationwide caseload. Also, immigration judges mobilized to surge sites completed approximately 21 percent more cases on detail than the historical, expected performance of nondetailed immigration judges at the same base locations.
“EOIR is pleased with the results of the surge of immigration judges to detention facilities and the potential impact it has on the pending caseload nationwide,” said Acting Director James McHenry. “The Justice Department will continue to identify ways in which it can further improve immigration judge productivity without compromising due process.”
Justice Department Reaches Agreement with the City of New Albany, Indiana, to Resolve Disability Discrimination ComplaintRead the Press Release
The Department of Justice today announced that it reached an agreement with the city of New Albany, Indiana (New Albany), to resolve its lawsuit alleging that the New Albany Police Department and Merit Commission discriminated against an employee on the basis of his disability, in violation of the Americans with Disabilities Act (ADA).
The Justice Department’s complaint alleges that the New Albany Police Department and Merit Commission disclosed to the public and press an employee’s confidential medical information, which it had obtained through employment-related medical examinations and inquiries. The complaint further alleges that New Albany provided documents and information detailing the employee’s disability, prescription medications, medical care, and psychological evaluations to the press and that, as result of this unlawful disclosure, local press widely publicized the employee’s medical information.
Under the agreement, New Albany’s Police Department and Merit Commission will institute policies to keep confidential its employees’ medical information and procedures to effectively respond to employees’ complaints of unlawful disclosure of medical information. The City of New Albany will also ensure that Police Department and Merit Commission officials, supervisors, and personnel who have access to employees’ confidential medical information are fully trained in those policies. In addition, New Albany will pay $100,000 in compensatory damages to the employee.
“Under the ADA, employers have a legal responsibility to keep confidential their employees’ medical information. This responsibility is critical to ensuring that employees with disabilities can work without fear of discrimination,” said Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division. “This agreement is another important step towards eliminating employment barriers for people with disabilities.”
“The unlawful disclosure in this case deprived an employee of his privacy and his dignity, causing him to endure public ridicule and emotional stress,” said U.S. Attorney Josh J. Minkler of the Southern District of Indiana. “We commend the City of New Albany for committing to changing its policies, training its staff, and compensating the employee.”
This matter was based on a referral from the Equal Employment Opportunity Commission’s Indianapolis District Office, which completed the initial investigation of the facts.
To read the settlement agreement, please find it here, and to read the complaint, please find it here. For more information on the Civil Rights Division, please visit www.justice.gov/crt. For more information on the Civil Rights Division’s Disability Rights Section, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Justice Department Awards over $2.25 Million to Improve Public Safety, Victim Services for Maine Indian TribesRead the Press Release
Portland, Maine: Acting United States Attorney Richard W. Murphy announced that $2,278,604 in Department of Justice grants were awarded yesterday to the Pleasant Point Passamaquoddy Tribe ($899,965) and the Indian Township Tribal Government ($1,378,639).
The awards were made through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a single application for tribal-specific grant programs. The Department developed CTAS through its Office of Community Oriented Policing Services, Office of Justice Programs and Office on Violence Against Women, and administered the first round of consolidated grants in September 2010.
CTAS grants are designed to enhance law enforcement practices, expand victim services and sustain crime prevention and intervention efforts. Awards cover nine purpose areas: public safety and community policing; justice systems planning; alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
American Indians experience disproportionate rates of violence and victimization and often encounter significant obstacles to culturally relevant services. CTAS funding helps tribes develop and strengthen their justice systems’ response to crime, while expanding services to meet their communities’ public safety needs.
About the Office of Justice Programs:
The Office of Justice Programs, headed by Acting Assistant Attorney General Alan R. Hanson, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP and its components can be found at: www.ojp.gov.
About the Office of Community Oriented Policing Services:
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 129,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit www.cops.usdoj.gov.
About the Office on Violence Against Women:
The Office on Violence Against Women provides leadership in developing the nation’s capacity to reduce violence through the implementation of the Violence Against Women Act (VAWA) and subsequent legislation. Created in 1995, OVW administers financial and technical assistance to communities across the country that are developing programs, policies and practices aimed at ending domestic violence, dating violence, sexual assault and stalking. In addition to overseeing federal grant programs, OVW undertakes initiatives in response to special needs identified by communities facing acute challenges. Learn more at www.justice.gov/ovw.
Jury Convicts Brooklyn Man of Intending to Distribute Large Quantities of Cocaine and MarijuanaRead the Press Release
ALBANY, NEW YORK - A jury today convicted Oniel McKenzie, age 37, of Brooklyn, New York, of possession with intent to distribute large quantities of cocaine and marijuana found in Rensselaer County.
The announcement was made by Acting United States Attorney Grant C. Jaquith and James J. Hunt, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA).
The jury’s verdict followed a 3-day trial before United States District Judge Mae A. D’Agostino. The evidence at trial showed that on October 4, 2013, McKenzie possessed 60 kilograms of cocaine in an apartment in North Greenbush, and more than 100 kilograms of marijuana in a storage unit he rented in Rensselaer, New York, and in a Jeep he was driving.
McKenzie faces at least 10 years and up to life in prison, at least 5 years and up to lifetime post-imprisonment supervised release, and a fine of up to $10,000,000 when he is sentenced on February 1, 2018 by Judge D’Agostino. 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 DEA and its Capital District Drug Enforcement Task Force, and is being prosecuted by Assistant U.S. Attorney Daniel Hanlon.
Inmate at Federal Medical Facility Convicted of Murder, AssaultRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that an inmate serving a life sentence at the U.S. Medical Center for Federal Prisoners in Springfield was convicted by a federal trial jury today of murdering one inmate and attempting to murder another inmate.
Ulysses Jones, Jr., 61, an inmate serving a life sentence at the U.S. Medical Center for Federal Prisoners in Springfield, was found guilty of one count of first degree murder, one count of murder by a federal prisoner serving a life term, and one count of assaulting another inmate with the intention of killing him.
Evidence introduced during the trial indicated that Jones murdered Timothy Baker, an inmate who was sleeping when attacked and was taking sleeping medication, by stabbing him to death on Jan. 9, 2006. Jones also attempted to kill another inmate, identified in court documents as “R.R.,’ by stabbing him multiple times with a sharpened piece of metal (also known as a “shank”).
Inmates at the facility suspected Jones and another inmate were stealing from them. Baker confronted Jones about the thefts over a period of several days. On Jan. 8, 2006, the day before his murder, Baker and 10 other inmates signed a petition that accused Jones and the other inmate of the thefts and asked that they be removed from the unit.
At approximately 3 a.m. on Jan. 9, 2006, Jones took a self-made shank and went to Baker’s bed. While Baker was sleeping, Jones stabbed him in the chest. According to the autopsy, the first blow was the fatal one. Baker leapt up, took a few steps forward, then fell to floor face down. Jones then jumped on Baker’s back and stabbed him at least four more times. Jones turned to R.R., who was still in bed, and began stabbing him. R.R. attempted to fend Jones off, but sustained multiple injuries. By this time, the other prisoners’ yelling had caused the guards to come to the ward.
Following the presentation of evidence, the jury in the U.S. District Court in Springfield, Mo., deliberated for about an hour and 45 minutes before returning the guilty verdicts to U.S. Chief District Judge Greg Kays, ending the guilt phase portion of the trial that began Monday, Sept. 25, 2017.The penalty phase of the trial will commence this afternoon. Jurors will sentence Jones to either life in federal prison without parole, or death.
This case is being prosecuted by Capital Case Section-Criminal Division Trial Attorney James D. Peterson of the United States Department of Justice and Supervisory Assistant U.S. Attorney Randall D. Eggert and Assistant U.S. Attorney Steven Mohlhenrich of the Western District of Missouri. It was investigated by the FBI and the Bureau of Prisons.