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Tuesday 3 October 2017
Sandoval County Man Pleads Guilty to Federal Conspiracy and Commercial Robbery ChargesRead the Press Release
ALBUQUERQUE – Cruz Abeita, 27, of Algodones, N.M., pled guilty today in federal court in Albuquerque, N.M., to conspiracy and violating the Hobbs Act. The charges arise out of the Dec. 30, 2016, robbery of the Dancing Eagle Travel Center in Cibola County, N.M. Under the terms of his plea agreement, Abeita will be sentenced within the range of 84 to 120 months in prison followed by a term of supervised release to be determined by the court.
Abeita was arrested in Feb. 2017, on an indictment charging him with being a felon in possession of a firearm on Feb. 4, 2016, in Cibola County. According to the indictment, Abeita was prohibited from possessing firearms or ammunition because he was previously convicted of false imprisonment.
During today’s proceedings, Abeita pled guilty to a felony information charging him with conspiracy and violating the Hobbs Act by robbing a business engaged in interstate commerce. In entering the guilty plea, Abeita admitted that on Dec. 30, 2016, he entered the Dancing Eagle Travel Center in Cibola County, with an associate and demanded that the cashier give him money from the cash register, and threatened the cashier with an Airsoft replica pistol that appeared to be a real firearm. Abeita remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI, the Laguna/Acoma Agency of the BIA’s Office of Justice Services, and the Laguna Police Department. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
San Jose Cleric Sentenced to Three Years in Prison for Bank Fraud and Tax EvasionRead the Press Release
SAN JOSE – San Jose cleric Hien Minh Nguyen was sentenced today to 36 months in prison for bank fraud and tax evasion announced United States Attorney Brian J. Stretch and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The sentence was handed down by the Honorable Beth Labson Freeman, U.S. District Judge, following Nguyen’s March 21, 2017, conviction on bank fraud charges, and August 9, 2016, guilty plea in which he admitted to committing tax evasion.
According to court filings and the evidence from trial, Nguyen, 57, is a priest for the Diocese of San Jose (the Diocese), and served as a pastor of St. Patrick’s Church (St. Patrick’s), and the director of the Vietnamese Catholic Center, also known as the Trung Tam Cong Giao (VCC). As a priest in the Diocese, Nguyen received cash donations for St. Patrick’s and the VCC from parishioners, some of which he stole. Nguyen also signed checks drawn on VCC’s bank accounts to pay his own personal expenses, and deposited checks made payable to the VCC into his own personal bank account. Judge Freeman determined that Nguyen used this method to steal a total of at least $1,449,365 from the Diocese between 2005 and 2011.
On December 1, 2015, a federal grand jury issued a superseding indictment charging Nguyen with fourteen counts of bank fraud, in violation of both 18 U.S.C. §§ 1344(1) and 1344(2), and four counts of tax evasion, in violation of 26 U.S.C. § 7201. He pleaded guilty to the tax evasion charges on August 9, 2016. After a bench trial, the Court convicted Nguyen on all fourteen counts of bank fraud on March 21, 2017.
In addition to the prison term, Judge Freeman also ordered Nguyen to pay $1,883,883 in restitution, including $1,449,365 to the Diocese of San Jose, and $434,518 to the IRS. In addition, Judge Freeman also ordered Nguyen to serve three years of supervised release. Judge Freeman ordered the defendant to surrender on or before January 5, 2018, to begin serving his sentence.
Assistant U.S. Attorneys Michael G. Pitman and Thomas Moore are prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Salvadoran National Pleads Guilty to Illegal Reentry after DeportationRead the Press Release
BOSTON - A Salvadoran national pleaded guilty today in federal court in Boston to an immigration crime.
Amilcar Menjivar Umana, 38, pleaded guilty to one count of illegal reentry after deportation. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Jan. 3, 2018.
Menjivar Umana was previously deported on Oct. 25, 2013, Jan. 7, 2014, and March 20, 2014. On May 12, 2017, law enforcement encountered Menjivar Umana and determined him to be illegally present in the United States.
Menjivar Umana faces a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Weinreb’s Major Crimes Unit is prosecuting the case.
Rosebud Man Sentenced for Assaulting, Resisting, and Impeding a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Assaulting, Resisting, and Impeding a Federal Officer was sentenced on October 2, 2017, by U.S. District Judge Roberto A. Lange.
Justin Fast Horse, age 21, was sentenced to 9 months in custody followed by 2 years of supervised release. Fast Horse was also ordered to pay restitution in the amount of $6,883.99, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Fast Horse was indicted by a federal grand jury on March 15, 2017. He pled guilty on July 6, 2017.
The conviction stemmed from an incident that occurred on the evening of March 3, 2017, near Okreek, South Dakota. Fast Horse was driving a pickup with two other men, one of whom was the owner of the pickup. At one point, the other two men exited the vehicle, and Fast Horse drove away. The vehicle was then reported stolen. The vehicle was spotted a short time later in Mission, by a Rosebud Sioux Tribe police officer, who attempted to initiate a traffic stop. Fast Horse refused to stop and led police on a high-speed chase in and around Mission. After driving over a spike strip and running into a parked vehicle, Fast Horse backed the pickup into the front end of a patrol vehicle. Fast Horse, who was intoxicated, was subsequently arrested, at which time he spat at one of the police officers.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Fast Horse was immediately turned over to the custody of the U.S. Marshals Service.
Raynham Woman Sentenced for Role in Taunton Heroin RingRead the Press Release
BOSTON – A Raynham woman was sentenced today in federal court in Boston for her role in a Taunton-based heroin trafficking operation.
Kayla Wentworth, 26, was sentenced by U.S. District Court Judge F. Dennis Saylor IV to time served (approximately five months in prison) and 42 months of supervised release, with the first six months to be served in home detention. The sentence is due, in part, to Wentworth’s successful completion of the Court’s RISE Program, during which she completed drug treatment and followed rigorous conditions of supervision designed to insure that she maintained employment, properly cared for herself and her family, and received appropriate mental health and drug treatment counseling. In June 2016, Wentworth pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute heroin.
After a lengthy investigation, Wentworth and 11 co-conspirators were arrested and charged in July 2015 for their roles in a drug trafficking organization led by Eddyberto Mejia Ramos that sold heroin throughout the Taunton area. Mejia Ramos purchased large quantities of heroin from several wholesale suppliers, and then he and his mid-level associates distributed the heroin to lower level distributors and customers, including Wentworth.
Eleven of the defendants have been sentenced, including Wentworth and Mejia Ramos, who was sentenced in August 2016 to 90 months in prison. The final defendant, Kerem Mendez-Luz, is scheduled to be sentenced on Oct. 4, 2017.
Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Taunton Police Chief Edward J. Walsh; and Bristol County District Attorney Thomas M. Quinn made the announcement. Assistant U.S. Attorney Ted Heinrich of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.
Rapper from Kansas City, Kan.Sentenced for Drug TraffickingRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., man who styled himself on the internet as rapper C-Los El Gran was sentenced Tuesday to 168 months in federal prison for his role in a $4 million drug trafficking conspiracy, U.S. Attorney Tom Beall said.
Carlos Sierra, 30, Kansas City, Kan., pleaded guilty to one count of conspiracy to distribute methamphetamine. In his plea, he admitted he was a member of a drug trafficking operation headed by his half-brother and co-defendant, Edwin Pacheco. They distributed methamphetamine in the Kansas City metro area.
Investigators used confidential informants and electronic surveillance to identify Sierra and to monitor his conversations with Pacheco, during which they talked about problems they faced processing drugs for distribution and their plans to increase their profit margins. Sierra was carrying a Ruger .380 handgun when he was arrested in Kansas City, Kan.
Co-defendant Pacheco is awaiting sentencing.
Beall commended the Drug Enforcement Administration and Assistant U.S. Attorney Trent Krug for their work on the case.
Providence Resident Admits to Arranging for Hundreds of Shipments of Cocaine from Puerto RicoRead the Press Release
PROVIDENCE – William Gonzalez, 50, of Providence, pleaded guilty in federal court in Providence today to criminal charges related to his participation in a conspiracy to ship more than 200 packages containing significant quantities of cocaine from Puerto Rico to Rhode Island.
Appearing before U.S. District Court Judge John J. McConnell, Jr, Gonzalez pleaded guilty to conspiracy to possess one or more kilograms of cocaine with the intent to distribute and possession of one or more kilograms of cocaine with the intent to distribute.
William Gonzalez’s guilty plea is announced by Acting United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Shelly A. Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division.
At the time of his guilty plea, Gonzalez admitted to the Court that beginning in January 2016, he traveled repeatedly to Puerto Rico for the purpose of purchasing large quantities of cocaine and arranging for the drugs to be shipped via the U.S. Postal Service to various addresses in Rhode Island. Gonzalez admitted to participating in a conspiracy in which he was responsible for at least 203 packages containing a minimum of 300 grams each being shipped from Puerto Rico to Rhode Island, for a total of 60,900 grams.
On August 31, 2016, Gonzalez was arrested by Rhode Island State Police and ordered detained at the Adult Correctional Institution. Appearing in federal court today, Gonzalez admitted to the Court that while incarcerated, he continued to direct other members of the conspiracy to continue to purchase cocaine in Puerto Rico and to mail the cocaine back to Rhode Island.
According to a plea agreement filed in this matter and accepted by the Court, at sentencing on December 20, 2017, the government and the defendant will recommend the Court impose a term of 72 months in federal prison. The federal prison sentence is to be served consecutive to a sentence of 25 years, 12 to serve imposed in Rhode Island state court on August 31, 2016, in an unrelated case. In that case, Gonzalez pleaded nolo to possession of cocaine with the intent to deliver.
The case is being prosecuted by Assistant U.S. Attorney William J. Ferland.
The matter was investigated by the Rhode Island State Police and the U.S. Postal Inspection Service in Providence.
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Philip Man Sentenced for Attempted Possession of Child PornographyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Philip, South Dakota, man convicted of Attempted Possession of Child Pornography was sentenced on October 2, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Ryan Lloyd Kammerer, age 27, was sentenced to 2 years of probation and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Kammerer was one of ten men who were arrested and federally indicted as a result of an undercover sex trafficking operation conducted during the 2016 Sturgis Motorcycle Rally, targeting persons willing to pay to have sex with underage girls or boys obtained through the Internet. The conviction stemmed from Kammerer communicating with someone he believed to be a minor for the purpose of engaging in sexual acts.
The undercover operation and arrests were a joint effort between the South Dakota Division of Criminal Investigation, the Department of Homeland Security, the Federal Bureau of Investigation, the Rapid City Police Department, and the Pennington County Sheriff’s office. Assistant U.S. Attorney Sarah Collins prosecuted the case.
Operator of Temporary Employment Agency Pleads Guilty to Tax Crimes and Insurance FraudRead the Press Release
BOSTON – A Swansea resident pleaded guilty yesterday in federal court in Boston in connection with a long-running, off-the-books payroll scheme through which her temporary employment agency evaded federal employment taxes and workers’ compensation insurance premiums.
Souleang Kane, 48, pleaded guilty to 18 counts of willful failure to collect and pay over taxes to the Internal Revenue Service (IRS) and five counts of mail fraud in connection with her evasion of workers’ compensation insurance premiums. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Jan. 9, 2018.
From 2010 to 2015, Kane operated a series of temporary employment agencies under the names Expert Staffing, Affordable Staffing and M&K Temp Inc., which provided labor for Massachusetts companies in agricultural industries. Kane failed to report to the IRS approximately $4.3 million that her agencies paid in employee wages. She thereby avoided collecting and paying both the taxes required to be withheld from employee wages and the matching taxes required to be paid by the employer. As a result, Kane evaded payment of more than $1.3 million in federal taxes.
Kane also grossly understated her business’ payroll in dealings with her workers’ compensation insurance providers. As a result, her workers’ compensation insurance premiums were fraudulently reduced by more than $100,000 between 2010 and 2015.
Each count of failure to collect and pay over federal taxes provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. Each count of mail fraud provides for a sentence of no greater than 20 years in prison, five years of supervised release and a fine of $250,000. Sentences are imposed by the federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Anthony DiPaolo, Chief of Investigations of the Massachusetts Insurance Fraud Bureau, made the announcement. Assistant U.S. Attorney Victor A. Wild of Weinreb’s Economic Crimes Unit prosecuted the case.
Oakland Resident Sentenced to over Six Years in Prison for Being A Felon in Possession of A FirearmRead the Press Release
OAKLAND – Bryan Escalante was sentenced to 72 months’ imprisonment today after pleading guilty to being a felon in possession of a firearm, announced United States Attorney Brian J. Stretch and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jill Snyder. The sentence was handed down by the Honorable Jeffrey S. White, United States District Judge.
On July 25, 2017, Escalante, 23, of Pinole, pleaded guilty without a written plea agreement to one count of being a felon in possession of a firearm. According to documents filed in the case, Escalante posted photographs and videos of himself on his Instagram account possessing and shooting firearms at a shooting range. In addition, Escalante admitted he previously was convicted of a felony and was therefore not permitted to possess or own a firearm. On February 9, 2017, a federal grand jury indicted Escalante, charging him with one count of being a felon in possession of a firearm. Pursuant to his guilty plea, Escalante pleaded guilty to the charge.
In sentencing Escalante, Judge White stated he was applying enhancements because the defendant was in possession of multiple firearms and because he possessed a firearm with an obliterated serial number. Further, in addition to the prison term, Judge White sentenced Escalante to a three-year period of supervised release that will commence after he completes his prison sentence. Judge White also ordered Escalante to refrain from having contact with members of the Sureño gang, or any other gang, as a condition of his supervised release. The defendant was remanded to federal custody and will begin serving his sentence immediately.
The prosecution is the result of an investigation by the ATF.
Oakland Resident Sentenced to over Seven Years in Prison for Being A Felon in Possession of A FirearmRead the Press Release
OAKLAND – Antwon Graham was sentenced to 92 months’ imprisonment after pleading guilty to being a felon in possession of a firearm and for various violations of the conditions of his supervised release, announced United States Attorney Brian J. Stretch, Federal Bureau of Investigation (FBI) Special Agent in Charge John F. Bennett, and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jill Snyder. The sentence was handed down today by the Honorable Jeffrey S. White, United States District Judge.
On May 30, 2017, Graham, 28, of Oakland, pleaded guilty to one count of being a felon in possession of a firearm. Graham was arrested by Oakland Police Department Officers on December 7, 2016. As part of his plea agreement, Graham admitted that on that date he had a loaded semi-automatic handgun in his waistband and a 31-round capacity magazine in his pocket. In addition, Graham admitted that two months earlier, on October 12, 2016, he was approached by Burlingame Police Department officers when he was at a go cart company in Burlingame. Graham acknowledged that on that occasion, he was in possession of two loaded pistols he was carrying in two backpacks. Graham abandoned the backpacks and fled the scene, allowing the police officers to recover the backpacks and the firearms. On January 31, 2017, a federal grand jury indicted Graham, charging him with two counts of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Pursuant to his plea agreement, Graham pleaded guilty to one count.
In addition to the facts underlying the felon in possession charge, as part of his plea agreement, Graham admitted he committed several violations of the conditions of his supervised release resulting from a previous case. Specifically, Graham admitted that he possessed firearms on December 7 and October 12, 2016; that he used a fraudulent credit card on September 3, 2016; that he associated with persons he knew were felons on October 12, 2016; and that he failed to report within 72 hours after October 12, 2016, that he had been questioned by law enforcement officers.
Judge White sentenced Graham to 80 months of imprisonment for one count of being a felon in possession of a firearm and sentenced Graham to an additional 12 months of imprisonment for the supervised release violations. In addition to the prison term, Judge White imposed a three-year period of supervised release that will commence after Graham completes his prison sentence. The conditions of his supervised release include a condition that prohibits Graham from associating with members of the Ghost Town criminal street gang. The defendant was remanded to federal custody and will begin serving his sentence immediately.
Assistant U.S. Attorney Scott Joiner is prosecuting the case with assistance from Lance Libatique. The prosecution is the result of investigations by the FBI, ATF, Oakland Police Department, and Burlingame Police Department.
Nurse Imposter Sent to Prison for Health Care FraudRead the Press Release
VICTORIA, Texas – A 43-year-old former resident of Goliad has been ordered to prison after she admitted to repeatedly posing as a nurse, announced acting U.S. Attorney Abe Martinez. Leticia Gallarzo pleaded guilty on July 6, 2017, to five counts of making false statements relating to health care.
Today, U.S. District Judge John D. Rainey, who accepted the guilty plea, handed Gallarzo a 14-month sentence to be immediately followed by three years of supervised release. She was further ordered to pay restitution totaling more than $34,000. In handing down the sentence, Judge Rainey noted that upwardly departing from the sentencing guidelines was appropriate in this case given the nature and circumstances of the offense and the Gallarzo’s history and characteristics.
Gallarzo has no medical training, but obtained employment as a registered nurse at two hospitals and three nursing homes in five different Texas cities over a seven-month period. As each employer discovered the deception, Garza would leave the facility and immediately begin seeking work at a medical facility in another city.
At the time of her plea, Gallarzo admitted she had knowingly lied about being a registered nurse on five occasions in order to secure employment for which she was not qualified.
She will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI and the Texas Attorney General’s Office - Medicaid Fraud Control Unit conducted the investigation with the assistance of police departments in Goliad and Victoria. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting the case.
North Royalton man sentenced to prison for tax fraudRead the Press Release
A North Royalton man was sentenced to jail for fraudulently claiming more than $133,000 in tax refunds to which he was not entitled, said U.S. Attorney Justin E. Herdman and Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation.
Amin Mohammad, 45, was sentenced to five months incarceration and five months of house arrested. He was also fined $50,000 and ordered to pay $133,414 in restitution.
Mohammad previously pleaded guilty to two counts of theft of public funds.
Mohammad operated a gas station and other energy-related businesses in the Cleveland area. He incorporated Goojee, Inc. in 2007 and Mejri Oil, Inc. in 2010. Neither company had a specific business purpose and bank accounts for the companies had minimal activity, according to court documents.
Mohammad falsely reported the companies sold a combined 833,495 gallons of kerosene in tax year 2010. He falsely claimed fuel tax credits to which he was not entitled, seeking a $68,240 tax refund on behalf of Goojee and a $65,174 tax refund on behalf of Mejri, according to court documents.
"Today’s sentencing marks the successful end of an investigation that uncovered a fraudulent fuel tax credit scheme,” Korner said. "We want everyone to take advantage of the deductions and credits to which they are entitled by law; however, no one is entitled to defraud the government."
Assistant U.S Attorney Robert J. Patton is prosecuting the case following an investigation by the IRS-CI.
New York Man Pleads Guilty in Sextortion CaseRead the Press Release
A 25-year-old man who coerced sexually explicit photos and videos from a minor and distributed them on the Internet pleaded guilty on Oct. 2, to coercion and enticement of a minor to engage in sexual activity.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney David C. Weiss of the District of Delaware made the announcement.
Justin R. Gulisano of Newark, New York, was charged on March 10, 2016, and pleaded guilty before U.S. District Judge Leonard P. Stark of the District of Delaware.
According to admissions made in connection with the plea agreement, Gulisano met the victim online when the victim was 15 years old. Gulisano began requesting and received sexually explicit images and videos from the victim. Gulisano posted the sexually explicit videos of the victim on a pornography website where they were downloaded, posted, and reposted by other viewers to additional pornographic websites. When the victim refused to make and send additional images and videos, Gulisano responded by threatening the victim on more than one occasion. He threatened to post the victim’s images and videos on the Internet again, he threatened to share the images and videos with the victim’s brother, and he threatened the victim’s life.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Delaware Child Predator Task Force investigated the case.
Trial Attorney Lauren Britsch of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Graham Robinson of the District of Delaware prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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 www.justice.gov/psc.
New Orleans Man Charged with Receipt of Child PornographyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced today that TIM NALL, age 62, of New Orleans, was charged yesterday in a one-count Bill of Information with receipt of images and videos depicting the sexual exploitation of children.
If convicted, NALL faces a mandatory minimum of five years and a maximum term of imprisonment of twenty years, followed by up to a lifetime of supervised release, and a $250,000 fine. NALL can also be required to register as a sex offender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. 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 www.projectsafechildhood.gov.
Acting U.S. Attorney Evans reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of prosecution.
New Jersey Residents Charged with Conspiring to Traffic HeroinRead the Press Release
PITTSBURGH – Two residents of Paterson, New Jersey, have been indicted by a federal grand jury in Pittsburgh on a charge of violating federal drug laws, Acting United States Attorney Soo C. Song announced today.
The one-count indictment named Jose Aponte, age 47, of Paterson, New Jersey, and Carolyn Spann, age 53, of Paterson, New Jersey.
According to the indictment presented to the court, from 2013 to September 2017, Aponte and Spann conspired to possess with intent to distribute and distribute one kilogram or more of heroin.
The law provides for a maximum total sentence of not less than 10 years and up to life in prison, a fine of $20 million, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Allegheny County Sheriff’s Office, the Allegheny County Police Department, and the Pittsburgh Bureau of Police. The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises. Assistant United States Attorney Conor Lamb is prosecuting this case on behalf of the government.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Navajo Man from Shiprock Sentenced to 78 Months for Federal Voluntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Charley Joe, Jr., 68, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 78 months in prison followed by three years of supervised release for his voluntary manslaughter conviction.
Joe was arrested in Sept. 2016, on a criminal complaint charging him with murder for killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Sept. 15, 2016. According to the complaint, Joe killed the victim by repeatedly striking him with an ax.
Joe was indicted on Oct. 12, 2016, and was charged with voluntary manslaughter on Sept. 15, 2016, on the Navajo Indian Reservation in San Juan County. On March 23, 2017, Joe pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the Farmington office of the FBI and the Shiprock office of the Navajo Nation Division of Public Safety and was prosecuted by Assistant U.S. Attorneys Elaine Y. Ramirez and Kristopher N. Houghton.
Monterey man pleads guilty to being a felon in possession of a .22 caliber revolverRead the Press Release
ALEXANDRIA, La. – Acting U.S. Attorney Alexander C. Van Hook announced that Monterey man pleaded guilty Monday to possessing a revolver after having been convicted of a felony.
Marcus L. Cummings, 58, of Monterey, La., pleaded guilty before U.S. District Judge Dee D. Drell to one count of felon in possession of a firearm. According to the guilty plea, a Louisiana probation agent encountered Cummings on August 25, 2015 at a Monterey gas station. Cummings was on parole for a November 2006 felony conviction. The probation agent asked him if he was in possession of either a controlled substance or a firearm. Possessing either would have been a violation of Cummings’ parole. Cummings said he had a revolver in his vehicle, and they went to his vehicle to retrieve it. The agent found the defendant to be in possession of a .22 caliber Smith and Wesson revolver.
Cummings faces up to 10 years in prison, three years of supervised release and a $250,000 fine. The court set a January 2, 2018 sentencing date.
This investigation and prosecution is part of Project Safe Neighborhoods, which is a Department of Justice initiative to promote firearm safety and to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.
The ATF and Louisiana Probation and Parole conducted the investigation. Assistant U.S. Attorney T. Forrest Phillips is prosecuting the case.
Mexican National Pleads Guilty to Federal Heroin and Cocaine Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Abraham Andres Rios, 37, a Mexican national, pled guilty today in federal court in Albuquerque, N.M., to heroin and cocaine trafficking charges.
Rios and co-defendants Omar Garcia, 34, of Albuquerque, N.M., and Jose Alfredo Martinez-Salas, 37, a Mexican national, were arrested in Sept. 2016, on a criminal complaint charging them with cocaine and heroin trafficking offenses. According to the complaint, federal agents arrested the three defendants after they attempted to distribute approximately 6.1 kilograms of cocaine and a kilogram of heroin to undercover Homeland Security Investigations (HSI) agents.
Rios and his co-defendants subsequently were charged in a four-count indictment on Oct. 12, 2016. The indictment charged Rios and Garcia with conspiracy and possession of cocaine and heroin with intent to distribute, and Martinez-Salas with distribution of cocaine. According to the indictment, the defendants committed the crimes on Sept. 15, 2016, in Bernalillo County, N.M.
During today’s proceedings, Rios pled guilty to Counts 1, 2 and 3 of the indictment charging him with conspiracy and distribution of heroin and cocaine without the benefit of a plea agreement. At sentencing, Rios faces a statutory minimum penalty of five years and a maximum of 40 years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
On July 27, 2017, Martinez-Salas pled guilty to Count 4 of the indictment charging him with distribution of cocaine. In entering the guilty plea, Martinez-Salas admitted that on Sept. 15, 2016, he distributed approximately 3.2 kilograms of cocaine to others. Martinez-Salas admitted picking up a backpack containing cocaine in Taos, N.M., with the intention of delivering the cocaine to individuals in Albuquerque. Law enforcement officers arrested Martinez-Salas in a restaurant parking lot in northwest Albuquerque after he delivered the cocaine to other individuals. At sentencing, Martinez-Salas faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. A sentencing hearing has yet to be scheduled.
Garcia has entered a plea of not guilty to the charges in the indictment. Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque offices of HSI and DEA. Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Man Sent to Prison for Preparing False Income Tax ReturnRead the Press Release
HOUSTON – A local income tax return preparer has been ordered to prison following his conviction of preparing a false U.S. Individual Income Tax Return for a client, announced Acting U.S. Attorney Abe Martinez. Chester Swanson pleaded guilty July 17, 2017.
Today, U.S. District Judge Keith Ellison handed Swanson an 18-month sentence to be followed by one year of supervised release. He was further ordered to pay a $244,817 in restitution.
Swanson admitted in the plea agreement filed in the record of the case that he prepared at least 37 false income tax returns for clients with a resulting intended income tax harm to the United States of more than $244,000. He further admitted the false items he placed on the income tax return underlying his guilty plea included false amounts of unreimbursed medical and dental expenses, false amounts of gifts to charity, false amounts of unreimbursed employee expenses, and false amounts of alleged losses from a sole proprietorship.
Swanson operated his income tax preparation business under the name of Chester’s Mobile Tax Service in which he met clients at various locations in Houston to prepare their income tax returns for them. Swanson admitted he also used the name Hollywood Business SVC Investments in his tax preparation business.
Swanson has agreed to never again prepare income tax returns for others.
Swanson was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorney Charles J. Escher is prosecuting the case.
Lower Brule Man Sentenced for RobberyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Robbery was sentenced on October 2, 2017, by U.S. District Judge Roberto A. Lange.
Kyle Flute, a/k/a Kyle Pretty Sounding Flute, age 29, was sentenced to 102 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. Restitution has been left open for 45 days.
Flute was indicted by a federal grand jury on March 22, 2016. He pled guilty on July 7, 2017.
The conviction stems from an incident on Friday March 4, 2016, when the victim was closing up the Trading Post in Lower Brule, shortly after 10:00 p.m. She was on the phone with her boyfriend when he heard her scream, some scuffling, and the line go dead. He tried calling her back but was unsuccessful. Her boyfriend called law enforcement, and the Bureau of Indian Affairs and Lyman County Sheriff responded.
When they arrived at the Trading Post, law enforcement found the victim in her car, covered in blood. They also recovered a wooden board with blood on it. The victim was transported to the emergency room at the Chamberlain hospital, and on to Sioux Falls due to her injuries. She suffered a fractured orbital, bleeding on the brain, and staples were required to close the wound to her head. The victim was interviewed and stated she had closed the store, put the cash and checks into a Wells Fargo money bag, and was locking up the store while on the phone with her boyfriend. She walked to her car and was unlocking it, when she was struck from behind with a hard object. She was hit several times and fell to the ground. She tried to kick and push her assailant(s) away. She was able to get in the car, and the suspect(s) fled with the money bag.
Officers followed up on many leads, including the defendant, Kyle Flute. Flute admitted to assaulting the victim by hitting her several times with the wooden board about her head and body. He stated he has a terrible meth problem and just wanted the money for drugs.
“We are seeing an increasing number of drug related crimes, where the assailant commits a violent crime to help feed their drug problem,” said U.S. Attorney Seiler. “We are aggressively prosecuting these cases where violence and drug use go hand in hand. It will be not be tolerated.”
This case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs, Lower Brule Agency. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Flute was immediately turned over to the custody of the U.S. Marshals Service.
Lehigh Acres Man Sentenced to 30 Years for Production of Child PornographyRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced William Lee (38, Lehigh Acres) to 30 years in federal prison for producing child pornography. The Court also ordered him to forfeit his cellphone, which was used to commit the offense.
Lee pleaded guilty on June 14, 2017.
According to court documents, Lee produced a video recording of himself engaged in sexually explicit conduct with a minor. On September 16, 2016, deputies responded to the victim’s residence in Lehigh Acres and made contact with the girl and her mother. The child’s mother provided Lee’s deactivated phone to the deputies.
Pursuant to a search warrant, a subsequent forensic examination of Lee’s deactivated phone revealed two videos, produced on December 23, 2015, and August 30, 2016, that captured Lee engaging in sexual explicit conduct with the girl.
This case was investigated by the Federal Bureau of Investigation’s Child Exploitation Task Force, which includes the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
Lawrence County Man Pleads Guilty to Sex Trafficking of a MinorRead the Press Release
PITTSBURGH – A former resident of Lawrence County, Pennsylvania, has pleaded guilty in federal court to a charge of interstate transportation of a minor for purpose of engaging in unlawful sexual activity, Acting United States Attorney Soo C. Song announced today.
David Michael Monrean, 24, of New Castle, Pennsylvania, pleaded guilty before United States District Judge Mark R. Hornak.
In connection with the guilty plea, from August 14, 2016, to August 16, 2016, Monrean did knowingly and willfully transport or arrange, induce, procure, or facilitate the travel of Minor A, who had not attained the age of 18 years, in interstate commerce, from Pennsylvania to Ohio, with the intent that Minor A would engage in prostitution and other sexual activity for which a person could be charged with a criminal offense, and aided and abetted such conduct.
United States District Judge Mark R. Hornak scheduled sentencing for February 14, 2018 at 9:30 a.m. The law provides for a maximum total sentence of life imprisonment, a fine of $250,000, and a term of supervised release of not more than five years, or any or all. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Jessica Lieber Smolar is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Grove City Police conducted the investigation that led to the prosecution of Monrean.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. 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 www.justice.gov/psc.
Last Member of Brunswick Drug Trafficking Organization SentencedRead the Press Release
BRUNSWICK, GA – Yesterday, the last of eight defendants involved in a Glynn County-area drug trafficking organization was sentenced in federal court. Derrick J. Young, 41, of Atlanta, Georgia was sentenced to 52 months in prison by U.S. District Court Judge Lisa Godbey Wood following his guilty plea to possessing cocaine and marijuana with intent to distribute in violation of federal law. That sentence was ordered to run consecutive to a 24-month prison term earlier imposed by Judge Wood in June for Young’s violation of supervised release stemming from a prior federal conviction.
In addition to Young, the other persons convicted and sentenced as part of this investigation included:
· James Lee Roberts, aka “Bootney,” age 44, Atlanta, Georgia, 88 months in prison;
· Gladys Marie Moran, age 46, Brunswick, Georgia, 57 months in prison;
· Bruce Lenard Polite, aka “Loose Bruce,” age 36, Brunswick, Georgia, 24 months in prison;
· Oscar Cummings, III, age 40, Brunswick, Georgia, 30 months in prison (consecutive to a 33-month term of imprisonment from an earlier revoked term of supervised release);
· Joe Ferdinando Bryant, age 41, aka “Joe Joe,” Brunswick, Georgia, 13 months in prison;
· Donald Eugene Wesley, aka “Duck,” age 57, Brunswick, Georgia, 18 months in prison; and
· Sidney Devore Harrison, age 42, Savannah, Georgia, 18 months in prison.
During a lengthy investigation, law enforcement agents conducted multiple wiretaps to gather evidence sufficient to dismantle the drug organization. Through the wiretap and other investigative steps, agents determined that Young, Roberts, and other conspirators distributed multi-kilogram quantities of cocaine in the Brunswick area. More than two kilograms of cocaine and 17 pounds of marijuana were seized in operations related to this organization between May 15 and August 17, 2016.
United States Attorney R. Brian Tanner said, “Nearly all of the persons indicted in this case were raised in Brunswick or Savannah and exploited their ties to the community to establish a robust drug business. The drug seizures are illustrative of the capabilities of the organization. I commend the perseverance and dedication of members of the investigative team who worked long hours to ensure this successful outcome.”
The convictions in this matter resulted from a joint investigation by agents of the Drug Enforcement Administration, Georgia Bureau of Investigation, Glynn County Sheriff’s Office, Chatham County Sheriff’s Office, and the United States Marshals Service. The investigation was conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF) program, which is comprised of federal, state, and local law enforcement agencies. The case was prosecuted by Assistant United States Attorney Karl Knoche. The investigation was led by DEA Special Agents Rodney Holloway and James Jaskolka, and DEA Task Force Agents Ryan Alexander and Brian Slate. For additional information, please contact United States Attorney R. Brian Tanner at (912) 652-4422.
Last Defendant Sentenced in Methamphetamine Distribution ConspiracyRead the Press Release
DALLAS — Alfonso Mercado-Cruz, 32, of Chiapas, Mexico, was sentenced yesterday before U.S. District Judge David C. Godbey to 151 months in federal prison, following his guilty plea in January 2017 to one count of conspiracy to possess with intent to distribute and to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, announced U.S. Attorney John Parker of the Northern District of Texas.
Co-defendants Raul Garibay, 25, Gerardo Galvan, 28, and Fernando Mora-Martinez, 43, also pleaded guilty to their role in the conspiracy and were previously sentenced.
According to plea documents filed in Mercado-Cruz’s case, from January 1, 2016 through May 19, 2016, Mercado-Cruz, along with Galvan, Garibay and Mora-Martinez conspired to possess with intent to distribute 50 grams or more of methamphetamine. The defendants used a trailer house, equipped with only a stove, in Grand Prairie, Texas, to cook and prepare methamphetamine for distribution.
A search of the trailer house revealed approximately 4 kilograms of methamphetamine in liquid, powder, and crystal form in various stages of processing.
The Drug Enforcement Administration, Lewisville Police Department, Grand Prairie Police Department, and the Dallas Police Department investigated the case.
Assistant U.S. Attorney George Leal is in charge of the prosecution.
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Justice Department awards nearly $2 million to combat opioids in Northern OhioRead the Press Release
The Justice Department recently awarded nearly $2 million in grants to the Northern District of Ohio to help combat the opioid epidemic.
In 2016, nearly 60,000 Americans lost their lives to drug overdoses, an increase from the 52,000 overdose deaths the year before. The majority of these deaths can be attributed to opioids, including illicit fentanyl and its analogues. The opioid epidemic, a public health crisis, is also a growing public safety crisis.
“Today, we are facing the deadliest drug crisis in American history,” said Attorney General Jeff Sessions. “These trends are shocking and the numbers tell us a lot– but they aren’t just numbers. They represent moms and dads, brothers and sisters, neighbors and friends. And make no mistake combatting this poison is a top priority for President Trump and his administration, and you can be sure that we are taking action to address it. We are announcing that we will be awarding millions in federal grants to help law enforcement and public health agencies address prescription drug and opioid abuse. This is an urgent problem and we are making it a top priority.”“These dollars will support efforts to make law enforcement more efficient and precise as we try to stem the tide of death and suffering caused by opioids throughout our country, state and region,” said U.S. Attorney Justin E. Herdman. “These grants will help prosecutors and police work more effectively to prosecute drug dealers who kill people while also supporting drug courts which help people get the treatment they need.”
Awardees in the Northern District of Ohio include:
Case Western Reserve University, $975,401 from the National Institute of Justice to study the Cuyahoga County Heroin Involved Death Investigations protocol. The protocol was developed in 2014 for help medical examiners and law enforcement with the collection and preservation of evidence in opioid-involved death incidents. The purpose is to improve the group’s ability to secure faster indictments and more successful manslaughter or federal “death specification” prosecutions.
Cleveland Municipal Court, $400,000 from the Bureau of Justice Affairs for drug court and/or veteran’s treatment court.
Marion Municipal Court, $338,931 from the Bureau of Justice Affairs for drug court and/or veteran’s treatment court.
City of Youngstown, $240,000 from the Bureau of Justice Affairs for drug court and/or veteran’s treatment court.
Additionally, the Justice Department awarded $1 million to the Supreme Court of Ohio to assist leverage information about prescribing practices to identify potential solutions and $399,918 to the State of Ohio Board of Pharmacy to help develop and maintain centralized databases to collect and analyze prescription data.
Justice Department Requires Divestitures in Order for CenturyLink to Proceed with Its Acquisition of Level 3 CommunicationsRead the Press Release
The Department of Justice announced today that it will require CenturyLink, Inc. and Level 3 Communications, Inc. to divest Level 3’s telecommunications networks in Albuquerque, Boise, and Tucson, and to offer long-term leases called indefeasible rights of use (IRUs) for dark fiber along 30 intercity routes in order for the companies to proceed with CenturyLink’s acquisition of Level 3. The deal is valued at approximately $34 billion.
The Department’s Antitrust Division filed a civil antitrust lawsuit yesterday in the U.S. District Court for the District of Columbia to block the proposed acquisition. At the same time, the Department filed a proposed settlement that, if approved by the Court, would resolve the competitive concerns alleged.
“Because of competition between CenturyLink and Level 3, consumers have benefited from lower prices and higher-quality services in local telecommunications services and in the sale of intercity dark fiber,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “These divestitures will ensure that consumers of such services in the affected metropolitan areas and consumers of dark fiber between the city pairs in question will continue to enjoy the benefits of competition.”
According to the department’s complaint, the combined company would have reduced competition for fiber-optic-based telecommunications services in Albuquerque, Boise, and Tucson as well as for the sale of dark fiber along certain intercity routes across the U.S., including routes traversing Alabama, Arizona, California, Colorado, Florida, Georgia, Indiana, Kansas, Louisiana, Missouri, Nevada, New York, North Carolina, Ohio, Oregon, Tennessee, Texas, Utah, and Virginia. Dark fiber is fiber-optic cable with no electronics attached to it. The complaint states that this reduction in competition likely would have led to higher prices, lower quality, and reduced access for consumers.
The proposed settlement requires the parties to divest all assets that support Level 3’s provision of telecommunications services in Albuquerque, Boise, and Tucson to a buyer or buyers to be approved by the United States. The parties must also enter into IRUs for 24 strands of dark fiber on 30 specified routes. Each IRU must have a 25-year term with two optional renewal periods of five years. The dark fiber to be divested must go to a single buyer to be approved by the United States.
The transaction is also subject to review by the Federal Communications Commission (FCC), which is ongoing. The Department coordinated with the FCC throughout its investigation.
CenturyLink, the third largest wireline telecommunications provider in the United States, is the incumbent local exchange carrier (ILEC) in portions of 37 states and is also a global communications, hosting, cloud and IT services company. CenturyLink offers network and data systems management, big data analytics and IT consulting. The company provides broadband, voice, video, data and managed services over a robust 360,000 route-mile global network, including a 265,000 route-mile U.S. fiber network. In 2016, CenturyLink had revenues of approximately $17.5 billion.
Level 3, one of the largest competitive exchange carriers (CLEC) in the United States, is a Fortune 500 company that provides local, national and global communications services to enterprise, government and carrier customers. Level 3’s portfolio of secure, managed solutions includes fiber and infrastructure solutions; IP-based voice and data communications; wide-area Ethernet services; video and content distribution; and data center and cloud-based solutions. Level 3 serves customers in more than 500 markets in over 60 countries across a global services platform, including over a 200,000 route-mile global fiber network. In 2016, Level 3 had revenues of approximately $8.2 billion.
As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Scott Scheele, Chief, Telecommunications and Media Enforcement Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 7000, Washington D.C. 20530. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.
Justice Department Obtains $150,000 Settlement in Sexual Harassment Lawsuit Against Owner and Manager of Michigan Rental PropertiesRead the Press Release
The Justice Department today announced that Frank D. Tjoelker, an owner and manager of rental properties in and around Grand Rapids, Michigan, will pay $150,000 to resolve allegations that he sexually harassed multiple women who have lived in or inquired about his rental properties. Since January of this year, the Civil Rights Division has filed or settled five cases alleging unlawful sexual harassment of women in housing and recovered over $1 million for victims such harassment.
“No woman should ever have to endure sexual harassment to secure a roof over her head,” said Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division. “Such harassment is unacceptable and illegal, and this Justice Department will continue to vigorously enforce the Fair Housing Act in order to combat this type of discrimination and to obtain relief for its victims.”
“It is illegal to discriminate in housing on the basis of sex, including through such unwelcome and unwanted behavior as alleged in this case,” said Acting U.S. Attorney for Western Michigan Andrew Birge. “Cases like this will always be a priority for my office.”
Under the settlement agreement, Tjoelker will pay $140,000 to compensate ten victims of discrimination already identified by the Justice Department, along with any additional individuals who are determined to be victims through a process established in the settlement agreement. Individuals who believe they may have been victims of housing discrimination by Tjoelker or who have information about this matter can contact the Justice Department by phone at 1-800-896-7743, mailbox number 4, or by e-mail at [email protected]. In addition, Tjoelker must pay $10,000 as a civil penalty to the United States. The settlement agreement also prohibits Tjoelker from engaging in discrimination and requires him to establish a non-discrimination policy and hire an independent manager for his rental properties.
The settlement will resolve a lawsuit, filed today in the U.S. District Court for the Western District of Michigan, alleging that Tjoelker’s unlawful conduct against female tenants and applicants at his properties has included making unwelcome sexual comments and advances towards them, engaging in unwanted sexual touching of these women, offering housing benefits in exchange for sex acts, and taking or threatening to take adverse housing actions against women who object to his harassment. Under the terms of the settlement, the parties will jointly move to dismiss the lawsuit after Tjoelker makes the monetary payments, which are due within 30 days.
The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of prohibited sex discrimination under this law. More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination should call the department at 1-800-896-7743, or send an e-mail to [email protected], or contact HUD at 1-800-669-9777 or through HUD’s website at www.hud.gov.
Justice Department Awards More Than $130 Million to Improve Public Safety, Address Violence Against Women and Victim Services for American Indian and Alaska Native PeopleRead the Press Release
Awards Include Over $56.3 Million for Responses to Violence Against Women in Indian Country
Associate Attorney General Rachel Brand today announced more than $130 million in Department of Justice grants to combat violence against women, improve public safety, serve victims of crime, and support youth programs in American Indian and Alaska Native communities.
“Supporting our tribal partners as they work to protect their communities remains fundamental to our mission at the Department of Justice,” said Brand. “These awards stand as a clear expression of our support for Native American women and tribal self-determination and reflect the vital role we believe American Indian tribes and Alaska Native villages play in ensuring the safety of all our citizens.”
Associate Attorney General Brand, the Department’s third ranking official, will make the announcement as part of her remarks during the Department’s participation in the 12th Annual Government-to-Government Violence Against Women Tribal Consultation on the reservation of the Fort McDowell Yavapai Nation in Fountain Hills, Arizona.
On Wednesday, Associate Attorney General Brand will visit a domestic violence shelter in the Gila River Indian Community. Gila River will receive two grant awards this year: one that supports the tribe’s implementation of special domestic violence jurisdiction under the Violence Against Women Reauthorization Act and one to enhance the safety of rural victims of sexual assault, domestic violence, dating violence and stalking.
More than $101 million was awarded to 125 American Indian tribes, Alaska Native villages, tribal consortia and tribal designees through the Department’s Coordinated Tribal Assistance Solicitation (CTAS), a streamlined application for tribal-specific grant programs. Of the $101 million, $47.6 million comes from the Office of Justice Programs (OJP), $34.1 million from the Office on Violence Against Women (OVW), and $19.4 million from the Office of Community Oriented Policing Services (COPS).
The Justice Department’s Office on Violence Against Women (OVW) awarded 101 grants totaling $56.3 million to tribal governments and nonprofit entities to help respond to the crimes of domestic violence, sexual assault, dating violence, stalking and sex trafficking in Indian country. Of the $56.3 million, $34.1 was awarded through the CTAS application process as noted above and $22.1 million was awarded through other OVW grant programs and special initiatives.
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.
American Indians and Alaska Natives 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.
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.
A listing of today’s CTAS awards is available at www.justice.gov/tribal/awards. Additional tribal grant awards announced by the Office on Violence Against Women and other department components are available at: www.justice.gov/ovw/page/file/1000416/download.
Justice Department Announces Initiative to Combat Sexual Harassment in HousingRead the Press Release
The Justice Department today announced a new initiative to combat sexual harassment in housing. The initiative specifically seeks to increase the Department’s efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. As part of the initiative, the Department will work to identify barriers to reporting sexual harassment to the Department and other enforcement agencies, and will collaborate with local law enforcement, legal services providers, and public housing authorities to leverage their expertise.
The Justice Department’s Civil Rights Division enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited under this law. The Civil Rights Division plans to launch a pilot of the initiative in two jurisdictions -- Washington, D.C., and western Virginia -- where it is working with legal service providers and local law enforcement to raise awareness about this issue. The Department hopes to expand the effort to other areas of the country in the near future.
The announcement comes on the heels of the Department’s successful resolution of two sexual harassment cases in Kansas City, Kansas, and Grand Rapids, Michigan. Since January of this year, the Civil Rights Division has filed or settled five cases and recovered over $1 million for victims of sexual harassment in housing. In the Kansas City case, the Justice Department recovered $360,000 for 14 female residents and applicants of a housing authority who were subjected to unwanted sexual conduct. The Department’s complaint alleged in part that an employee of the housing authority subjected women to unwanted sexual conduct as a condition for favorable hearing decisions, including asking them sexual questions, showing pornographic pictures and videos, making explicit sexual comments, and exposing himself.
“No woman should be made to feel unsafe in her own home,” said Acting Assistant Attorney General John M. Gore of the Justice Department’s Civil Rights Division in announcing the initiative. “The Justice Department is committed to vigorously enforcing the Fair Housing Act’s ban on sexual harassment and is looking forward to working closely with state and local partners to combat this problem.”
More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination should call the department at 1-844-380-6178, or send an e-mail to [email protected], or contact HUD at 1-800-669-9777.
Johnstown Woman Charged with Distributing Crack CocaineRead the Press Release
JOHNSTOWN, Pa. – A resident of Johnstown, Pa., was indicted by a federal grand jury in Johnstown on charges of violating federal narcotics laws, Acting United States Attorney Soo C. Song announced today.
The indictment named Sabrina L. Rogers, 34, of Johnstown, Pa.
According to the indictment presented to the court, on July 6, July 10, and July 11, 2017, Rogers distributed less than 28 grams of cocaine base, also known as crack, and on July 12, 2017, Rogers possessed with the intent to distribute less than 28 grams of crack.
The law provides for a maximum sentence of 80 years in prison and a fine of $4,000,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, and the Cambria County Drug Task Force, conducted the investigation that led to the prosecution of Rogers.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Inmate Admits Stealing IDs, Filing False Tax ReturnsRead the Press Release
ERIE, Pa. - An inmate at the McKean Federal Correctional Institution in Bradford, Pennsylvania, pleaded guilty in federal court to charges of conspiracy to defraud the government and aggravated identify theft,, Acting United States Attorney Soo C. Song announced today.
James Lamont Johnson, 51, pleaded guilty to two counts before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Johnson engaged in a conspiracy to defraud the United States by submitting false claims for income tax refunds using individuals’ identification information which was unlawfully obtained. Johnson stole the identities of 56 individuals who were clients of the Community of Caring, a non-profit social service agency in Erie, where he had access to the clients’ personal identification information. Johnson utilized TurboTax and filed approximately 71 tax returns, seeking refunds from the IRS of more than $100,000.00. Johnson and his co-conspirator inputted the stolen identity information and used wage information from W-2 forms taken from actual employees of local businesses to perpetrate the fraudulent tax refund scheme. The scheme to defraud successfully obtained more than $60,000.00 in tax refunds. The refunds came in the form of prepaid debit cards and U.S. Treasury checks, which were mailed to addresses where Johnson could access the mail and retrieve the refunds.
Judge Cercone scheduled sentencing for February 26, 2018 at 12:45 p.m. The law provides for a total sentence of 12 years in prison, 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. A mandatory minimum sentence of two years must be imposed for the conviction of aggravated identity theft.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The Internal Revenue Service, Criminal Investigation conducted the investigation that led to the prosecution of Johnson.
Houma Man Pleads Guilty and Faces at least 15 Year Mandatory Sentence for Failure to Register as a Convicted Sex Offender and Distribution of Child PornographyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that DAVID KLIMENKO, age 29, of Houma, pled guilty today to Failure to Register as a Convicted Sex Offender and Distribution of Child Pornography.
According to court records, KLIMENKO was previously convicted of Sex Offense in the Third Degree (engaging in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old), in violation of CR 3-307(a)(5) of the Annotated Code of Maryland, in the Circuit Court for Anne Arundel County, Maryland under Case No. 02-CR-15-547. KLIMENKO's Maryland conviction required him to register as a sex offender and complete Sex Offender Registration Forms (“Registration Form”). If KLIMENKO elected to move from Maryland, he was required to notify Maryland law enforcement, to register with law enforcement in his new state, and complete a Registration Form within three (3) days.
According to law enforcement officers, KLIMENKO moved from Maryland to Louisiana in 2016 and failed to notify law enforcement authorities of his move to Louisiana. Additionally, special agents with the U.S. Department of Homeland Security determined KLIMENKO used his Facebook account to distribute child pornography on the Internet in February 2017.
KLIMENKO is scheduled to be sentenced on January 3, 2018 by United States District Judge Jay C. Zainey.
Due to his prior conviction, KLIMENKO faces a mandatory minimum penalty of 15 years imprisonment up to 40 years, followed by up to a life term of supervised release, and a $250,000.00 fine.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Acting U.S. Attorney Evans praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.
Hammond Man Sentenced for Gun ChargeRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that DEVONTE WEST, age 21, of Hammond, after previously pleading guilty to one count of possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Jay C. Zainey sentenced WEST to 60 months imprisonment, followed by 5 years supervised release, and a $100 special assessment
According to court documents, on February 20, 2017, WEST and his cousin MAURICE LLOYD, JR. were victims of a shooting in front of WEST’S residence after WEST completed a drug transaction. LLOYD was fatally wounded in the shooting.
A search of WEST’S residence revealed approximately two ounces of heroin and multiple firearms. Further investigation led to the recovery of additional heroin that WEST attempted to discard prior to the arrival of law enforcement to his residence after the shooting.
Acting U.S. Attorney Evans praised the work of the Drug Enforcement Administration and the Tangipahoa Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Andre’ Jones was in charge of the prosecution.
Guatemalan National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Guatemalan national charged with an immigration crime pleaded guilty and was sentenced yesterday in federal court in Boston.
Eric Contreras, 29, pleaded guilty to one count of illegal reentry after deportation before U.S. Senior District Court Judge Mark L. Wolf, who sentenced Contreras to two months in prison and two years of supervised release. Contreras will be subject to deportation proceedings upon completion of his sentence.
Contreras was previously deported on May 11, 2016. On June 7, 2017, Contreras was arrested in Waltham on unrelated state charges.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Weinreb’s Major Crimes Unit prosecuted the case.
Guatemalan National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Guatemalan national charged with an immigration crime pleaded guilty and was sentenced yesterday in federal court in Boston.
Victor Deleon, 37, pleaded guilty to one count of unlawful reentry of a deported alien before U.S. Senior District Court Judge Mark L. Wolf, who sentenced Deleon to time served (approximately three months in prison) and two years of supervised release. Deleon will be subject to deportation proceedings.
Deleon was previously deported on Nov. 4, 2011. Law enforcement officers in Boston encountered Deleon in May 2017 and found him to be illegally present in the United States.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.
Guatemalan National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON - A Guatemalan national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.
Elmer Noe Esquivel-Mendoza, 34, pleaded guilty to one count of unlawful reentry of a deported alien. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Dec. 13, 2017.
Esquivel-Mendoza was previously deported on May 20, 2013. In January 2017, law enforcement officers in Boston encountered Esquivel-Mendoza and determined him to be illegally present in the United States.
The charge provides for a sentence of no greater than two years in prison, one year of supervised release and a fine of $250,000. Esquivel-Mendoza will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
Greenville Man Pleads Guilty to Firearm Offense and Obstruction of JusticeRead the Press Release
GREENVILLE – The United States Attorney for the Eastern District of North Carolina announced that on September 11, 2017, in federal court, RICKY JAY BALL, 40, of Greenville, North Carolina, pleaded guilty to possessing a firearm as a convicted felon, altering a military discharge certificate, and two counts of obstruction of justice.
According to the Indictment and information in the public records, on June 3, 2016, officers with Greenville Police Department responded to BALL’s residence where they recovered a loaded firearm in his walk-in closet. BALL had a prior felony for possession of a firearm by felon, and had been recently charged by Greenville Police Department for impersonating a law enforcement officer. BALL was on federal probation at the time of this offense, and a revocation hearing was scheduled for April 2017.
In April 2017, BALL obstructed justice by submitting false hospital records to a United States Magistrate Judge in order to get a continuance of his revocation hearing. On May 17, 2017, during his revocation hearing in federal court, BALL again obstructed justice by presenting false letters from his employer and community service providers, false medical records, and an altered Military Discharge Certificate that misrepresented his reason for discharge from the United States Marine Corps.
On September 11, 2017, the Defendant pleaded guilty to all four counts in federal court. A sentencing hearing will be set at a later date. BALL faces a maximum sentence of 41 years of imprisonment followed by 5 years of supervised release.
The investigation was conducted by the Federal Bureau of Investigation and the Greenville Police Department. Assistant U.S. Attorney Peggah B. Wilson prosecuted the case for the Eastern District of North Carolina.
Grand Jury Returns Superseding Indictment that Charges Champaign Man with Kidnapping Resulting in DeathRead the Press Release
URBANA, Ill. – A federal grand jury today returned a superseding indictment against Brendt A. Christensen, 28, of Champaign, Ill., that charges him with the kidnapping resulting in death of visiting Chinese scholar Yingying Zhang on June 9, 2017. In addition, the indictment charges Christensen with two counts of making false statements to FBI agents in June 2017.
Acting U.S. Attorney Patrick D. Hansen and FBI Special Agent in Charge Sean Cox, Springfield Division, announced the indictment return.
Christensen was previously indicted on the charge of kidnapping in that Christensen allegedly kidnapped and held Yingying Zhang, identified as Y.Z. in the indictment, on June 9, and that he used a cellular telephone and Saturn Astra motor vehicle, both instruments of interstate commerce, to commit and in furtherance of the commission of the offense; the superseding indictment adds the allegation that the kidnapping resulted in the death of Zhang. If convicted, for kidnapping resulting in death, the penalty is death or mandatory life in prison.
The decision as to whether the government seeks the death penalty rests solely with the U.S. Attorney General. The Department of Justice has established federal death penalty procedures. The procedures include a review process conducted by the department’s Capital Case Section. The decision-making process remains confidential until the U.S. Attorney General makes a decision as to whether or not to seek the death penalty.
The superseding indictment returned today alleges special findings including: that Christensen was more than 18 years of age at the time of the offense; that the defendant intentionally killed the victim; that the defendant intentionally inflicted serious bodily injury that resulted in the death of the victim; that the defendant intentionally participated in an act, contemplating that the life of a person would be taken or intending that lethal force would be used in connection with a person, and the victim died as a direct result of the act; and, that the defendant intentionally and specifically engaged in an act of violence, knowing that the act created a grave risk of death to a person, such that participation in the act constituted a reckless disregard for human life and the victim died as a direct result of the act.
As to the charge that the kidnapping resulted in the death of Yingying Zhang, the indictment alleges special findings that Zhang’s death occurred during the commission of a kidnapping; that Christensen committed the offense in an especially heinous, cruel or depraved manner, in that it involved torture or serious physical abuse to the victim; and, that Christensen committed the offense after substantial planning and premeditation to cause the death of a person.
In addition to the offense of kidnapping resulting in death, the superseding indictment charges Christensen with making false statements to the FBI on two occasions. On June 12, the indictment alleges that Christensen falsely stated to FBI agents that he stayed at his apartment and slept and played video games all day on June 9, 2017, when he knew full well that he drove around the University of Illinois campus on the afternoon of June 9, and picked up Zhang as she was waiting for a bus. The indictment alleges that on June 15, Christensen falsely told an FBI agent that he dropped off an Asian female in a residential area shortly after picking her up in his Saturn Astra on June 9, when he knew full well that he did not drop the female off shortly after picking her up, but instead, took her back to his apartment.
If convicted of making false statements to federal law enforcement agents, each offense is punishable by up to five years in prison.
The date for Christensen to appear in federal court for arraignment on the superseding indictment will be scheduled by the U.S. Clerk of the Court in Urbana.
Christensen was arrested and charged by criminal complaint on June 30. On July 5, U.S. Magistrate Judge Eric I. Long ordered that Christensen remain detained in the custody of the U.S. Marshals Service pending trial. On July 12, the grand jury returned the initial indictment of Christensen. The pending trial date for Christensen is Feb. 27, 2018, in Urbana.
The Federal Bureau of Investigation and the University of Illinois Police Department are conducting the investigation.
Assistant U.S. Attorneys Bryan D. Freres and Eugene L. Miller are representing the government on behalf of the U.S. Attorney’s Office, Urbana Division.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Framingham Man Sentenced to 17 Years in Prison for Sexually Exploiting Approximately 150 BoysRead the Press Release
BOSTON – A Framingham man was sentenced yesterday in federal court in Boston for sexually exploiting approximately 150 boys by posing as a teenage girl on the internet and convincing the boys to send nude photos and videos of themselves to him.
Curtis Simoneau, 24, was sentenced by U.S. District Court Judge Leo T. Sorokin to 17 years in prison and 10 years of supervised release. Simoneau will also have to register as a sex offender upon his release from federal prison. In June 2017, Simoneau pleaded guilty to two counts of coercion and enticement of a minor and one count of possession of child pornography.
On March 7, 2016, law enforcement in central Massachusetts responded to a complaint regarding the possible sexual exploitation of a 13-year-old boy. When an officer interviewed the victim and his parents, the victim said he began communicating with “LJ” via KiK Messenger, a mobile instant messaging app, in December 2015.
Simoneau, posing online as “LJ,” told the victim that he was a 14-year-old girl living in Maine and offered to exchange nude images and nude videos with the victim, which they did on multiple occasions. The victim believed he was in an online relationship with “LJ.” The victim also told law enforcement that he had introduced his friend, a 12-year-old boy, to “LJ” via KiK, and that his friend and “LJ” also exchanged nude images. An interview with the second victim confirmed that he too had exchanged nude images with “LJ.”
Law enforcement was able to identify Simoneau as the individual who was posing as “LJ” as well as confirm his Framingham address. The investigation further determined that Simoneau was previously convicted in a Massachusetts state court of possession of child pornography and placed on probation.
During a search of Simoneau’s home on Aug. 4, 2016, 1,128 videos of child pornography and 712 photos of child pornography were discovered on Simoneau’s digital devices. Most of the child pornography in Simoneau’s collection had been sent to him by boys who believed they were sending nude and sexually suggestive material of themselves to a teenage girl. In total, Simoneau victimized approximately 150 boys.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Boston Police Commissioner William Evans; and Framingham Police Chief Kenneth Ferguson made the announcement today. Assistant U.S. Attorney David G. Tobin of Weinreb’s Major Crimes Unit prosecuted the case.
Former funeral home director pleads guilty to defrauding insurance companyRead the Press Release
BLUEFIELD, W.Va. – A former funeral director who defrauded an insurance company pleaded guilty today, announced United States Attorney Carol Casto. Joel L. McGuire, 61, of Alderson, entered his guilty plea to wire fraud.
McGuire was the funeral director at Broyles-McGuire Funeral Home in Union, West Virginia. While serving as funeral director, McGuire also sold insurance policies that would pay for clients’ funerals upon their death. On August 31, 2012, McGuire submitted a claim, stating that a client had passed away on August 29, 2012, and that he had provided funeral services at a cost of $3,313.71. McGuire knew that the client was still alive and that he had not provided any funeral services. The insurance company paid McGuire $3,312.71 for the claim. McGuire also admitted that, as a result of his submission of numerous other false claims for clients that had not died, he received more than $50,000.
McGuire faces up to 20 years in federal prison and a $250,000 fine when he is sentenced on January 9, 2018.
The West Virginia Offices of the Insurance Commissioner Fraud Unit conducted the investigation. Assistant United States Attorney Eric Bacaj is in charge of the prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.
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Former Philadelphia Judge Pleads Guilty to Causing False Statements to the Federal Election CommissionRead the Press Release
A former Municipal Court Senior Judge pleaded guilty to a criminal information unsealed yesterday charging him with causing false statements to the Federal Election Commission (FEC) in connection with a 2012 congressional primary election. Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania made the announcement.
According to the plea memorandum filed today, Jimmie Moore, 66, of Philadelphia, engaged in a falsification scheme involving payments to his 2012 campaign for the Democratic Party’s nomination for member of the U.S. House of Representatives. According to the plea memorandum, those payments came from the campaign committee of Moore’s political opponent for the purpose of removing Moore from the Democratic primary for Pennsylvania’s First Congressional District.
As set forth in the criminal information and the government’s plea memorandum, Moore admitted that in or about February 2012, he withdrew from the primary election pursuant to an agreement with his opponent, who promised to pay Moore $90,000 from his campaign funds to be used to repay Moore’s campaign debts. According to the plea memorandum, those payments were made to Moore’s campaign manager, Carolyn Cavaness, 34, of Philadelphia, and to an entity created for the purpose of repaying the Moore campaign’s outstanding debts to its vendors. Those payments were routed through consulting companies to conceal their true source.
According to the plea memorandum, Cavaness, acting at Moore’s direction, used the money from Moore’s opponent’s campaign committee to repay the campaign vendors and to reimburse Moore for loans he had made to his own campaign. However, Moore’s campaign failed to disclose this information to the FEC. Instead, Moore knowingly and intentionally caused his campaign committee to file false reports with the FEC which did not disclose or reference the funds received from his opponent’s campaign committee, did not mention the companies of the political consultants through which the payments were routed, and falsely listed the same debts owed by Moore’s campaign that had been disclosed on earlier reports, despite the fact that those debts had been repaid using funds paid to Moore by his opponent’s campaign committee. According to the plea memorandum, Moore and Cavaness knowingly and intentionally caused his campaign to file these false reports in order to conceal from the FEC the fact that Moore’s opponent’s campaign committee had made the payments to Moore’s campaign in excess of the statutory contribution limit in exchange for the defendant’s agreement to withdraw from the primary election.
Cavaness previously pleaded guilty to a criminal information charging her with causing false statements to the FEC in connection with this scheme.
The case is being investigated by the FBI and prosecuted by Assistant U.S. Attorney Eric Gibson of the Eastern District of Pennsylvania and Trial Attorney Jonathan Kravis of the Criminal Division’s Public Integrity Section.
Former Philadelphia Judge Pleads Guilty to Causing False Statements to the Federal Election CommissionRead the Press Release
A former Municipal Court Senior Judge pleaded guilty to a criminal information unsealed yesterday charging him with causing false statements to the Federal Election Commission (FEC) in connection with a 2012 congressional primary election. Acting U.S. Attorney Louis D. Lappen for the Eastern District of Pennsylvania and Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division made the announcement.
According to the plea memorandum filed today, Jimmie Moore, 66, of Philadelphia, engaged in a falsification scheme involving payments to his 2012 campaign for the Democratic Party’s nomination for member of the U.S. House of Representatives. According to the plea memorandum, those payments came from the campaign committee of Moore’s political opponent for the purpose of removing Moore from the Democratic primary for Pennsylvania’s First Congressional District.
As set forth in the criminal information and the government’s plea memorandum, Moore admitted that in or about February 2012, he withdrew from the primary election pursuant to an agreement with his opponent, who promised to pay Moore $90,000 from his campaign funds to be used to repay Moore’s campaign debts. According to the plea memorandum, those payments were made to Moore’s campaign manager, Carolyn Cavaness, 34, of Philadelphia, and to an entity created for the purpose of repaying the Moore campaign’s outstanding debts to its vendors. Those payments were routed through consulting companies to conceal their true source.
According to the plea memorandum, Cavaness, acting at Moore’s direction, used the money from Moore’s opponent’s campaign committee to repay the campaign vendors and to reimburse Moore for loans he had made to his own campaign. However, Moore’s campaign failed to disclose this information to the FEC. Instead, Moore knowingly and intentionally caused his campaign committee to file false reports with the FEC which did not disclose or reference the funds received from his opponent’s campaign committee, did not mention the companies of the political consultants through which the payments were routed, and falsely listed the same debts owed by Moore’s campaign that had been disclosed on earlier reports, despite the fact that those debts had been repaid using funds paid to Moore by his opponent’s campaign committee. According to the plea memorandum, Moore and Cavaness knowingly and intentionally caused his campaign to file these false reports in order to conceal from the FEC the fact that Moore’s opponent’s campaign committee had made the payments to Moore’s campaign in excess of the statutory contribution limit in exchange for the defendant’s agreement to withdraw from the primary election.
Cavaness previously pleaded guilty to a criminal information charging her with causing false statements to the FEC in connection with this scheme.
The case is being investigated by the FBI and prosecuted by Assistant U.S. Attorney Eric Gibson of the Eastern District of Pennsylvania and Trial Attorney Jonathan Kravis of the Criminal Division’s Public Integrity Section.
Former Manager of Mattoon Restaurant Sentenced to Two Years in Prison for Embezzling from Former EmployerRead the Press Release
URBANA, Ill. – The former manager of the Stadium Grill restaurant in Mattoon, Ill., James Michael Hill, 40, was sentenced yesterday in Urbana to serve two years in federal prison for embezzling from the restaurant. Hill, of the 2700 block of Krishire Dr., Charleston, Ill., was ordered to report and surrender to the federal Bureau of Prisons on Nov. 7, 2017. Hill was also ordered to pay $168,723 in restitution to the restaurant. As part of his sentence, following his release from prison, Hill was ordered to remain on federal supervised release for three years.
On April 28, 2017, Hill, who has a prior theft conviction in 2001 for stealing from a different employer, entered pleas of guilty to four separate counts of wire fraud. According to evidence presented during the court hearing, as general manager of the restaurant, Hill could access the restaurant’s accounting system to correct errors made by other employees in entering purchases. From 2007, until his fraud was discovered and he was fired in August 2013, Hill made false representations in the restaurant’s accounting system that certain cash sales had not occurred or occurred for a lesser amount, and then took and used the cash generated for his personal use. Further, Hill falsely represented that certain sales were incorrectly entered into the accounting system as purchases made with cash and fraudulently entered them as purchases made with gift cards. Hill then took and used the cash generated by those sales for his personal use and benefit.
The case was prosecuted by Supervisory Assistant U.S. Attorney Eugene L. Miller. The Federal Bureau of Investigation and Mattoon Police Department investigated the case.
Essex County, New Jersey, Man Sentenced to 150 Months in Prison for Armed Robbery of Passaic, New Jersey, ClubRead the Press Release
NEWARK, N.J. – An East Orange, New Jersey, man was sentenced today to 150 months in prison his role in the September 2015 armed robbery of a club in Passaic, New Jersey, Acting U.S. Attorney William E. Fitzpatrick announced.
Shaheed Blamahsah, a/k/a “Aboo,” 30, pleaded guilty before U.S. District Judge Madeline Cox Arleo in Newark federal court to an information charging him with one count of conspiracy to commit Hobbs Act robbery and one count of brandishing a firearm during a crime of violence.
According to the documents filed in this case and statements made in court:
On Sept. 6, 2015, Blamahsah and at least two other conspirators agreed to rob a club in Passaic at gunpoint. During his plea hearing, Blamahsah admitted that he knowingly and willfully participated in the robbery and that he and another conspirator brandished a firearm and threatened to use violence against a club employee. He also admitted that he and the other conspirator took $26,084 in cash from the club before fleeing in a getaway car.
In addition to the prison term, Judge Arleo sentenced Blamahsah to five years of supervised release.
Blamahsah was originally charged in November 2016 with Jimmy Cooper, a/k/a “Flip,” 32, of Irvington, New Jersey, and Keontrae Lawrence, a/k/a “Taz,” 29, of South Orange, New Jersey. Lawrence pleaded guilty on Sept. 7, 2017 and awaits sentencing. The charges against Cooper are merely allegations, and he is presumed innocent unless and until proven guilty.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and members of the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia M. Valdes, with the investigation. He also thanked the Passaic County Sheriff’s Office, the Passaic Police Department, and the Newark Division of Public Safety for their assistance.
The government is represented by Assistant U.S. Attorney Elaine K. Lou of the U.S. Attorney’s Office’s Criminal Division in Newark.
Defense counsel: Kevin Buchan Esq., Holmdel
Essex County, New Jersey, Consulting Company Owner Admits Tax EvasionRead the Press Release
NEWARK, N.J. – The owner of a consulting services company today admitted evading taxes while operating his business in 2009, Acting U.S. Attorney William E. Fitzpatrick announced.
Oscar N. James Sr., 60, of West Orange, New Jersey, pleaded guilty before U.S. District Judge Kevin McNulty in Newark federal court to Count Two of an information charging him with tax evasion.
According to documents filed in this case and statements made in court:
As the owner of The James Group, James intentionally under-reported the income that he received for tax years 2008 and 2009 by filing false federal personal income tax returns. James admitted that he was responsible for underreporting $173,796 in income for the 2009 tax year, resulting in a tax loss of $61,046.
The tax evasion charge carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is currently scheduled for Jan. 11, 2018.
Acting U.S. Attorney Fitzpatrick credited special agents of the IRS – Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen: the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; and U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi, for the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Jacques S. Pierre and Jihee G. Suh of the Special Prosecutions Division in Newark.
Defense counsel: Adalgiza Núñez Esq., Newark
Dubois Man Charged with Illegally Using Social Security Benefit PaymentsRead the Press Release
JOHNSTOWN, Pa. - A resident of DuBois, Pa., has been indicted by a federal grand jury in Johnstown on charges of conversion of government funds, Acting United States Attorney Soo C. Song announced today.
The two-count indictment named Daniel P. McIntosh, 39, of DuBois, Pa.
According to the indictment presented to the court, from Aug. 1, 2014, to July 31, 2016, McIntosh did receive and convert falsely to his own use a total of $41,529.70, which represents approximately 115 separate Social Security Administration benefit payments made to him and also to him as representative payee for his wife and minor children, to which he or they were not entitled.
The law provides for a maximum total sentence of 20 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Social Security Administration, Office of Inspector General, conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Drug Enforcement Administration Special Agent Charged with Obstruction of Justice, Perjury, Conversion and Other Crimes; Former Task Force Officer Also ChargedRead the Press Release
A Drug Enforcement Administration (DEA) special agent was charged in an indictment unsealed yesterday with obstruction of justice, perjury, falsifying records in a federal investigation, seeking and receiving an illegal gratuity, conversion of property by an officer or employee of the United States and removing property to prevent seizure and conspiracy. A former DEA task force officer was also charged.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office, Special Agent in Charge Monte Cason of the Department of Justice Office of the Inspector General’s (DOJ-OIG) Dallas Field Office and Chief Inspector Brian M. McKnight of the DEA’s Office of Professional Responsibility (DEA-OPR) made the announcement.
Chad A. Scott, 49, of Covington, Louisiana, the DEA special agent, and Rodney P. Gemar, 41, of Ponchatoula, Louisiana, the former task force officer, were charged in an indictment returned on Sept. 29, in the Eastern District of Louisiana. Scott is charged with three counts of obstruction of justice, two counts of perjury, one count of falsifying records in a federal investigation, one count of seeking and receiving an illegal gratuity, one count of unlawful conversion of property by a government officer or employee, one count of removing property to prevent seizure and one count of conspiracy to commit conversion to remove property to prevent seizure. Gemar is charged with two counts of unlawful conversion of property by a government officer or employee, two counts of removing property to prevent seizure and two counts of conspiracy to commit conversion and to remove property to prevent seizure. According to the indictment, Scott, Gemar and their co-conspirators committed these offenses while serving with the New Orleans Division of the DEA.
Specifically, the indictment alleges that Scott committed obstruction of justice and perjury in connection with a January 2016 trial in the Eastern District of Louisiana, misappropriated the personal property of individuals who were arrested by the New Orleans Division of the DEA and falsified documentation relating to the seizure of a Ford pick-up truck. The indictment further alleges that Gemar also misappropriated personal property from individuals detained by the DEA, as well as money seized from an individual detained by local law enforcement.
Gemar currently serves as a police officer with the Hammond, Louisiana Police Department.
Former DEA task force officer Karl Emmett Newman, 50, of Kentwood, Louisiana, was also charged with numerous offenses in a separate May 13, 2016 indictment and in an Oct. 7, 2016 superseding indictment. Newman pleaded guilty on July 20, to unlawfully possessing a firearm in furtherance of a crime of violence and conspiring to misappropriate money seized by the DEA during the execution of a search. Former DEA task force officer Johnny Jacob Domingue, 28, of Maurepas, Louisiana, was arrested on a criminal complaint on May 12, 2016, and was also charged in an Oct. 7, 2016 superseding indictment with falsifying records in a federal investigation. Domingue’s case remains pending. Chad Scott’s detention hearing will take place on Oct. 3 at 2:00 p.m. CDT.
The charges and allegations contained in an indictment are only accusations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case was initiated by the Louisiana State Police and investigated by the FBI, DOJ-OIG, DEA-OPR and LSP. Assistant Chief Diidri Robinson and Trial Attorney Antonio Pozos of the Criminal Division’s Fraud Section are prosecuting the case.
Dominican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national charged with a federal immigration crime pleaded guilty and was sentenced yesterday in federal court in Boston.
Victor Melo, 49, a Dominican national residing in Boston, pleaded guilty before U.S. Senior District Court Judge Mark L. Wolf, who sentenced Melo to time served (approximately five months in prison) and one year of supervised release. Melo also faces deportation proceedings.
Melo was previously deported in March 1991. In May 2017, federal agents in Boston encountered Melo and found him to be illegally present in the United States.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.
Dominican National Pleads Guilty to Passport FraudRead the Press Release
BOSTON - A Dominican national pleaded guilty today in federal court in Worcester to passport fraud.
Adolfo Santana Gonzalez, 31, pleaded guilty to one count of misuse of a Social Security number and one count of making a false statement in an application for a United States Passport. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Jan. 4, 2018.
In November 2016, Santana Gonzalez, using the identification and Social Security number assigned to another individual, submitted an application for a U.S. passport at a U.S. Post Office in Worcester in that individual’s name.
The charge of misusing a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. The charge of passport fraud provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Santana Gonzalez will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and William B. Gannon, Special Agent in Charge of the U.S. Department of State, Bureau of Diplomatic Security, Boston Field Office, made the announcement today. U.S. Customs and Border Protection provided assistance with the investigation. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.