Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Friday 29 September 2017
Baton Rouge Man Sentenced to 80 Months for Possession of Child PornographyRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced that, BENJAMIN ROSENTHAL, age 36, of Baton Rouge, Louisiana, was sentenced this week by Chief Judge Brian A. Jackson, U.S. District Court, to 80 months in federal prison as a result of his conviction for possession of child pornography. Noting the Court’s responsibility to protect children from sexual exploitation, Chief Judge Jackson further sentenced ROSENTHAL to supervised release for the remainder of his life following his term of imprisonment, and to pay restitution to his victims in the amount of $15,000, a $12,500 fine, and a $5,100 special assessment.
On March 1, 2017, ROSENTHAL pled guilty to one count of possession of child pornography, in violation of Title 18, United States Code, Section 2252A(a)(5)(B). According to the documents filed in this case, after receiving a Cybertip report from the National Center for Missing and Exploited Children, on September 24, 2015, federal, state, and local law enforcement officers executed a search warrant on ROSENTHAL’s residence where they recovered thousands of images and hundreds of videos containing sexually explicit depictions of children, including toddlers.
Acting United States Attorney Corey R. Amundson stated, “Protecting children from this type of victimization is a top priority of this office. The use of children as subjects of pornographic materials is harmful to the physiological, emotional, and mental health of the child, and we will remain vigilant in investigating and prosecuting those who would produce, distribute, or possess these disturbing materials. We appreciate the fine work in this case by our law enforcement partners at the Department of Homeland Security—Homeland Security Investigations, the Louisiana Attorney General’s Office—Cyber Crime Unit, the BRPD, and EBRSO.”
Louisiana Attorney General Jeff Landry stated, “As the agency who conducted the investigation and initial prosecution of Mr. Rosenthal, we are pleased with today's sentencing.” Attorney General Landry went on to say, “as always, we appreciate the strong partnership we have with the U.S. Attorney’s Middle District Office and we applaud the attention AUSA Flowers gave this matter, which resulted in a sentence of 80 months in prison and lifetime post-incarceration supervision. We will continue to work with our law enforcement partners on the local, state, and federal levels to convict criminals and achieve justice for victims.”
This matter was a joint investigation between the United States Attorney’s Office and the Louisiana Attorney General’s Office – Cyber Crime Unit with assistance from the U.S. Department of Homeland Security – Homeland Security Investigations, the Baton Rouge Police Department, and the East Baton Rouge Parish Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Jamie A. Flowers, Jr.
Bannock County Designated as Part of the Oregon-Idaho HIDTARead the Press Release
BOISE – Yesterday, Richard Baum, Acting Director of National Drug Control Policy, announced the designation of 16 new counties across California, Florida, Idaho, Illinois, Maryland, Michigan, New Jersey, New Mexico, New York, Pennsylvania, South Carolina, Tennessee, and West Virginia as High Intensity Drug Trafficking Areas (HIDTA) counties. This designation enables the 16 counties to receive Federal resources to further the coordination and development of drug control efforts among Federal, State, and local law enforcement officers, and allow local agencies to benefit from ongoing HIDTA initiatives that are working to reduce drug trafficking across the United States.
“Drug trafficking is a national problem that has to be addressed on the local level, and adding these counties to the HIDTA program is a critical part of this effort,” said Richard Baum, Acting Director of National Drug Control Policy. “These new designations and the funding they will bring will help our Federal, state, and local law enforcement officers work together to disrupt and dismantle the trafficking networks that are bringing drugs into our communities,” added Acting Director Baum.
“While Idaho continues to enjoy an overall low crime rate, drug violations reached a five-year high in 2016, having increased a concerning 15 percent over the preceding year,” added United States Attorney Bart M. Davis. “This spike in drug crime is not happening in every neighborhood or city. But the trend is real and should concern us all. It must not continue,” Davis said. “I applaud the efforts of elected leaders and law enforcement agencies in eastern Idaho, especially those that have joined the Eastern Idaho Partnership. The Partnership funds a Special Assistant United States Attorney, whose mission is to combat drug and violent crime in eastern Idaho,” Davis continued. Bannock now joins Ada and Canyon counties in the Oregon/Idaho HIDTA.
The newly-designated counties are:
• Sullivan County in Tennessee and Wood County in West Virginia as part of the Appalachia HIDTA
• Greenville County in South Carolina as part of the Atlanta/Carolinas HIDTA
• DuPage County in Illinois as part of the Chicago HIDTA
• St. Clair County in Michigan as part of the Michigan HIDTA
• Ocean County in New Jersey and Oneida County in New York as part of the New York/New Jersey HIDTA
• Bradford and Union Counties in Florida as part of the North Florida HIDTA
• San Benito County in California as part of the Northern California HIDTA
• Bannock County in Idaho as part of the Oregon/Idaho HIDTA
• Montgomery County in Pennsylvania as part of the Philadelphia/Camden HIDTA
• Collier and Martin Counties in Florida as part of the South Florida HIDTA
• Taos County in New Mexico as part of the Southwest Border HIDTA – New Mexico Region
• Dorchester County in Maryland as part of the Washington/Baltimore HIDTA
The HIDTA program was created by Congress in 1988 and serves as a catalyst for coordination among Federal, state, local, and tribal law enforcement agencies operating in areas determined to be critical drug trafficking regions of the United States. Law enforcement organizations working within HIDTAs assess drug-trafficking problems and design specific initiatives to decrease the production, transportation, and distribution of drugs. There are currently 28 HIDTAs located in 49 states, as well as in Puerto Rico, the U.S. Virgin Islands, and the District of Columbia.
Armed Career Criminal from Albuquerque Charged with Assaulting Federal EmployeeRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and U.S. Marshal Conrad E. Candelaria announced that a federal grand jury has charged Nathan Jensen, 34, of Albuquerque, N.M., with assaulting a federal employee. Jensen entered a not guilty plea to the indictment this morning during an arraignment hearing in federal court.
The indictment, which was filed on Sept. 21, charges Jensen with assaulting a federal employee who was engaged in the performance of his official duties on May 11, 2017, in the Sandoval County Detention Center (assault case). At the time, Jensen was detained pending sentencing in another federal case in which he had entered a guilty plea to being a felon in possession of a firearm and ammunition (firearms case).
Court records reflect that the U.S. Marshals Service’s Southwest Investigative Fugitive Team (USMS-SWIFT) arrested Jensen in the firearms case on May 16, 2016, while Jensen was on supervised release from a prior federal conviction for being a felon in possession of a firearm. The federal court had issued a warrant for Jensen’s arrest on May 4, 2016, based on a petition filed by the U.S. Probation Office to revoke his supervised release. According to the petition, Jensen had been released from the custody of the U.S. Bureau of Prisons on April 25, 2016, after completing an 84-month prison sentence, with directions to report to his probation officer and a halfway house at which he was to reside for up to six-months. The arrest warrant issued after Jensen failed to report either to his probation officer or to the halfway house, and Jensen was in possession of a firearm and ammunition when the USMS-SWIFT arrested him.
Jensen was indicted in the firearms case on June 14, 2016. The indictment stated that Jensen was prohibited from possessing firearms or ammunition on May 16, 2016, because he previously had been convicted of several felony offenses in the state courts of New Mexico in addition to his federal conviction for being a felon in possession of a firearm. On Feb. 27, 2017,
Jensen pled guilty to the indictment and admitted that he unlawfully was in possession of a firearm and ammunition on May 16, 2016, when the USMS-SWIFT arrested him for violating the conditions of his supervised release.
Jensen currently is scheduled for sentencing in the firearms case on Oct. 25, 2017, and faces a statutory mandatory minimum penalty of 15 years of imprisonment based on his status as an armed career criminal. If convicted on the assault charge, Jensen faces a maximum penalty of ten years in federal prison.
The assault case was investigated by the USMS, and the firearms case was investigated by the Albuquerque office of ATF and the USMS-SWIFT. Assistant U.S. Attorney Eva Mae Fontanez is prosecuting the two cases under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible..
Another Defendant Pleads Guilty and Two More are Sentenced on Federal Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 103 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 78 of the 103 defendants charged as the result of this investigation have entered guilty pleas and 41 of them have been sentenced.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
This week, another defendant entered a guilty plea and two other defendants were sentenced on guilty pleas previously entered.
Albuquerque resident David Torrez, 32, entered a guilty plea on Sept. 26, 2017, to a methamphetamine trafficking charge. Torrez and co-defendant Jeneill Ayala, 25, were charged by indictment on July 28, 2016, with conspiracy and distributing methamphetamine on June 21, 2016, in Bernalillo County. Torrez pled guilty to Count 2 of the indictment and admitted selling approximately two ounces of methamphetamine to an undercover law enforcement agent on June 21, 2016. At sentencing, Torrez faces a statutory penalty of not less than five years and not more than 40 years in federal prison. His sentencing hearing has yet to be scheduled. Ayala has entered a not guilty plea to the charges in the indictment and is pending trial, which is scheduled for Nov. 27, 2017.
Also on Sept. 26, 2017, two other Albuquerque residents were sentenced for their convictions on methamphetamine trafficking offenses. Joshua Sedillo, 31, was sentenced to 140 months in federal prison followed by five years of supervised release, while his co-defendant Ramon Quezada, 33, was sentenced to 48 months in prison followed by three years of supervised release.
Sedillo and Quezada were arrested in July 2016, on an indictment charging them with conspiracy to distribute methamphetamine on May 11, 2016, and Sedillo individually with distributing methamphetamine on May 25, 2016. On Jan. 23, 2017, Quezada pled guilty to a felony information charging him with distributing methamphetamine and admitted that on May 11, 2016, he possessed approximately 90 grams of methamphetamine which he intended to transfer to another person. Sedillo pled guilty to the indictment on April 18, 2017, without the benefit of a plea agreement.
Twenty-two of the defendants who were charged as the result of the ATF investigation have entered not guilty pleas to the charges against them. Charges in indictments are merely accusations, and defendants are presumed innocent unless found guilty in a court of law. One defendant is a fugitive and the charges against two defendants have been dismissed.
These cases were investigated by the Albuquerque office of ATF. Assistant U.S. Attorney Presiliano Torrez prosecuted Sedillo and Quezada, and Assistant U.S. Attorney Eva Fontanez is prosecuting Torrez.
American Citizen Convicted of Conspiring to Murder U.S. Nationals in Bombing Attack Against Military Base in AfghanistanRead the Press Release
A federal jury in Brooklyn, New York, returned a guilty verdict today against Muhanad Mahmoud Al-Farekh on nine counts, including conspiracy to murder U.S. nationals, conspiracy to use a weapon of mass destruction, conspiracy to bomb a government facility and conspiracy to provide material support to terrorists. Farekh faces up to life in prison when he is sentenced by United States District Judge Brian M. Cogan.
The verdict was announced by Acting Assistant Attorney General for National Security Dana J. Boente, Acting United States Attorney Bridget M. Rohde for the Eastern District of New York, Assistant Director in Charge William F. Sweeney. Jr. of the FBI’s New York Field Office and Commissioner James P. O’Neill of the NYPD.
“Muhanad Mahmoud Al Farekh is an al Qaeda terrorist who conspired to kill Americans overseas. The trial evidence showed that he was involved in a variety of terrorist activity, including a VBIED attack on a U.S. military installation in Afghanistan in 2009. With today’s guilty verdict, Farekh is being held accountable for his crimes,” said Acting Assistant Attorney General Boente. “Counterterrorism is the highest priority of the National Security Division, and we will continue to use all tools available across the globe to bring to justice those who seek to harm Americans, including our brave servicemen and women who risk their lives in defense of our nation.”
“Today, an American al-Qaeda member was brought to justice in a U.S. courtroom,” said Acting United States Attorney Rohde. “The jury’s verdict on all nine counts of the indictment established Farekh’s responsibility for a violent attack on members of our armed forces, his efforts to murder Americans and his commitment to one of the world’s most infamous terrorist organizations. The defendant now faces the prospect of life imprisonment for the commission of these serious federal crimes.”
“Today’s verdict is justice for the harm and destruction Al Farekh intended to cause when he conspired with others to bomb a U.S. military base in Afghanistan,” said Assistant Director inCharge Sweeney. “The FBI stands alongside our military and law enforcement partners to hold criminals accountable for their actions no matter where they are in the world.”
“The defendant in this case faces up to life in prison after being found guilty of conspiring to bomb a government facility, use a weapon of mass destruction, murder U.S. nationals and provide material support to terrorists,” said Commissioner O’Neill. “While Farekh’s crimes occurred in Pakistan and Afghanistan, the defendant’s co-conspirator trained Najibullah Zazi and others who also intended to attack New York City’s subway system. I want to thank all involved in today’s verdict, from the investigators and prosecutors to the jury and judge.”
At trial, the government presented evidence that prior to traveling overseas to join al Qaeda, Farekh was a student at the University of Manitoba in Canada. In 2007, Farekh and two fellow students traveled to Pakistan with the intention of fighting against American forces overseas. Farekh and his co-conspirators had become radicalized watching video recordings encouraging violent jihad, listened to jihadist lectures, including lectures by now-deceased al Qaeda in the Arabian Peninsula leader Anwar al-Awlaki. They traveled to the Federally Administered Tribal Areas of Pakistan, an area in the northern part of Pakistan that borders Afghanistan and is home to al Qaeda’s base of operations, where they joined and received training from al Qaeda.
One of Farekh’s co-conspirators, Ferid Imam, provided weapons and military-type training at an al Qaeda training camp in Pakistan in September 2008. Among Imam’s trainees were Najibullah Zazi, Zarein Ahmedzay and Adis Medunjanin, of Queens, New York, who intended to return to New York City to carry out a suicide attack in the subway system. During the trial, Ahmedzay testified that Imam as his weapons trainer. Zazi and Ahmedzay pleaded guilty pursuant to cooperation agreements and have yet to be sentenced. Medunjanin was convicted after trial and sentenced to life imprisonment. Imam has been indicted for his role in the plot.
The government proved Farekh’s participation in the building of a vehicle-borne improvised explosive device (VBIED) that was used in an attack against Forward Operating Base Chapman (FOB Chapman) on Jan. 19, 2009 in Khost, Afghanistan. The evidence at trial showed that two vehicles approached the fence line of FOB Chapman. The operator of the first vehicle, a pickup-sized truck, detonated a VBIED at the gate. The second vehicle, a truck carrying 7,500 pounds of explosives, became stuck in the blast crater. The driver fled without detonating the second, more powerful VBIED, and was shot and killed by local security personnel. Forensic technicians in Afghanistan recovered 18 fingerprints from the adhesive packing tape wrapped around the undetonated bomb that were matched to the defendant. A hair follicle was also recovered and analysis indicated that the follicle’s mitochondrial DNA was consistent with that of the defendant.
Assistant United States Attorneys Richard M. Tucker, Douglas M. Pravda and Saritha Komatireddy of the Eastern District of New York, and Trial Attorney Alicia Cook of the National Security Division’s Counterterrorism Section are prosecuting this case.
American Citizen Convicted of Conspiring to Murder U.S. Nationals in Bombing Attack Against Military Base in AfghanistanRead the Press Release
A federal jury in Brooklyn, New York, returned a guilty verdict today against Muhanad Mahmoud Al Farekh on nine counts, including conspiracy to murder United States nationals, conspiracy to use a weapon of mass destruction, conspiracy to bomb a government facility and conspiracy to provide material support to terrorists. Farekh faces up to life in prison when he is sentenced by United States District Judge Brian M. Cogan.
The verdict was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Dana J. Boente, Acting Assistant Attorney General for National Security, William F. Sweeney. Jr., Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office, and James P. O’Neill, Commissioner, New York City Police Department (NYPD).
“Today, an American al-Qaeda member was brought to justice in a U.S. courtroom,” stated Acting United States Attorney Rohde. “The jury’s verdict on all nine counts of the indictment established Farekh’s responsibility for a violent attack on members of our armed forces, his efforts to murder Americans and his commitment to one of the world’s most infamous terrorist organizations. The defendant now faces the prospect of life imprisonment for the commission of these serious federal crimes.”
“Muhanad Mahmoud Al Farekh is an al-Qaeda terrorist who conspired to kill Americans overseas,” stated Acting Assistant Attorney General Boente. “The trial evidence showed that he was involved in a variety of terrorist activity, including a VBIED attack on a U.S. military installation in Afghanistan in 2009. With today’s guilty verdict, Farekh is being held accountable for his crimes. Counterterrorism is the highest priority of the National Security Division, and we will continue to use all tools available across the globe to bring to justice those who seek to harm Americans, including our brave servicemen and women who risk their lives in defense of our nation.”
“Today’s verdict is justice for the harm and destruction Al Farekh intended to cause when he conspired with others to bomb a U.S. military base in Afghanistan,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI stands alongside our military and law enforcement partners to hold terrorists accountable for their actions no matter where they are in the world.”
“The defendant in this case faces up to life in prison after being found guilty of conspiring to bomb a government facility, use a weapon of mass destruction, murder U.S. nationals and provide material support to terrorists,” stated NYPD Commissioner O’Neill. “While Farekh’s crimes occurred in Pakistan and Afghanistan, the defendant’s co-conspirator trained Najibullah Zazi and others who also intended to attack New York City’s subway system. I want to thank all involved in today’s verdict, from the investigators and prosecutors to the jury and judge.”
At trial, the government presented evidence that prior to traveling overseas to join al-Qaeda, Farekh was a student at the University of Manitoba in Canada. In 2007, Farekh and two fellow students traveled to Pakistan with the intention of fighting against American forces overseas. Farekh and his co-conspirators had become radicalized watching video recordings encouraging violent jihad, listened to jihadist lectures, including lectures by now-deceased al-Qaeda in the Arabian Peninsula leader Anwar al-Awlaqi. They traveled to the Federally Administered Tribal Areas of Pakistan, an area in the northern part of Pakistan that borders Afghanistan and is home to al-Qaeda’s base of operations, where they joined and received training from al-Qaeda.
One of Farekh’s co-conspirators, Ferid Imam, provided weapons and military-type training at an al-Qaeda training camp in Pakistan in September 2008. Among Imam’s trainees were Najibullah Zazi, Zarein Ahmedzay and Adis Medunjanin, of Queens, New York, who intended to return to New York City to carry out a suicide attack in the subway system. During the trial, Ahmedzay testified that Imam was his weapons trainer. Zazi and Ahmedzay pleaded guilty pursuant to cooperation agreements and have yet to be sentenced. Medunjanin was convicted after trial and sentenced to life imprisonment. Imam has been indicted for his role in the plot.
The government proved Farekh’s participation in the building of a vehicle-borne improvised explosive device (VBIED) that was used in an attack against Forward Operating Base Chapman (FOB Chapman) on January 19, 2009 in Khost, Afghanistan. The evidence at trial showed that two vehicles approached the fence line of FOB Chapman. The operator of the first vehicle, a pickup-sized truck, detonated a VBIED at the gate. The second vehicle, a truck carrying 7,500 pounds of explosives, became stuck in the blast crater. The driver fled without detonating the second, more powerful VBIED, and was shot and killed by local security personnel. Forensic technicians in Afghanistan recovered 18 fingerprints from the adhesive packing tape wrapped around the undetonated bomb that were matched to the defendant. A hair was also recovered and analysis indicated that the hair’s mitochondrial DNA was consistent with that of the defendant.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Richard M. Tucker, Douglas M. Pravda and Saritha Komatireddy are in charge of the prosecution with assistance provided by Trial Attorney Alicia Cook of the National Security Division’s Counterterrorism Section.
The Defendant:
MUHANAD MAHMOUD AL FAREKH, also known as “Abdullah al-Shami” and “Abdallah al-Shami”
Age: 31
Nationality: United States
E.D.N.Y. Docket No. 15-CR-268 (BMC)
Albuquerque Man Arraigned on Federal Sex Trafficking ChargesRead the Press Release
ALBUQUERQUE – Last week, a federal grand jury returned an indictment charging Adonis Baker, 32, of Albuquerque, N.M., and Leotha Williams, 56, of Memphis, Tenn., with sex trafficking offenses. Yesterday Baker was arraigned on the indictment in federal court in Albuquerque, entering a not guilty plea, and was ordered detained pending trial during a detention hearing this morning. Williams was arrested in Little Rock, Ark., on Sept. 25, 2017, and is in the process of being transported to New Mexico to face the charges in the indictment.
Baker and Williams are charged in a 12-count indictment, which was filed on Sept. 21, 2017, with committing a series of commercial sex trafficking offenses between June 2012 and June 2015. The indictment charges Baker with forcing five adult victims and one victim under the age of 18 to engage in commercial sex acts, and transporting the victims across state lines for the purpose of engaging in prostitution. The indictment charges Williams with forcing one of the adult victims to engage in commercial sex trafficking and transporting that victim across state lines for the purpose of engaging in prostitution. According to the indictment, the defendants committed the crimes in Bernalillo County, N.M., from June 2012 through at least Aug. 2017.
If convicted on the crimes charged in the indictment, the defendants face the following penalties:
- Baker and Williams each face a statutory mandatory minimum of 15 years and a maximum of life in prison on the sex trafficking by force, fraud or coercion charges;
- Baker and Williams each face a statutory maximum of 20 years in prison on the interstate transporting for illegal sexual activities charges;
- Baker faces a statutory mandatory minimum of 15 years and a maximum of life in prison on the sex trafficking of a child charge; and
- Baker faces a statutory mandatory minimum of ten years and a maximum of life in prison on the interstate transporting of a child for illegal sexual activity charge.
Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of Homeland Security Investigations, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department. Assistant U.S. Attorney Letitia C. Simms is prosecuting the case as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, 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 http://www.justice.gov/psc/.
Acting United States Attorney Mountcastle Delivers Remarks at 3rd Annual WDVA ATAC ConferenceRead the Press Release
It’s an honor for me to be here with more than 200 law enforcement officers from Virginia. You represent the thin blue line that protects our families, our communities, and our nation. You run toward danger when everyone else is running away from it. You work day shifts and night shifts, on weekends and holidays, in blizzards and rainstorms, during parades and riots. Your offices never close. And you always need to be at your best, especially when other people are at their worst. You sacrifice your personal safety, time with your families, and so much more all for the cause of justice. On behalf of the Department of Justice and the United States Attorney’s Office, thank you for all you do. We understand your work. We appreciate your work. And most importantly, we support your work.
More than 85 percent of law enforcement officers work at the state or local level. You are on the front lines in the noble task of keeping our communities safe. We hope that this conference will allow you to share your experiences, strengthen your partnerships, and enhance your ability to protect national security and prevent terrorist attacks.
The threats we face in the Western District of Virginia are always changing. For evidence of this, look no further than the events in Charlottesville on August 11 and 12. The news reports coming from Charlottesville indicate that large numbers of individuals traveled from places outside of Virginia, including Ohio, New Hampshire, and Georgia, for the purpose of inciting violent confrontations. That violence resulted in the unfortunate deaths of three of our citizens – two Virginia State Police pilots, Lt. Jay Cullen and Trooper Berke Bates, who died when their helicopter crashed while providing air coverage of the violence; and Heather Heyer, a citizen who was killed while simply exercising her First Amendment Right to peacefully march in protest. Our condolences go out to the families of these heroes.
The Charlottesville incident teaches us that if we want to prevent attacks, we need to be vigilant. The key is to collect all available information and generate actionable intelligence to disrupt terrorists before they strike.
We must never let down our guard, because our enemies do not fight fair. Terrorists are cowards who target unsuspecting people going about their lives — watching a sports event, dancing at a nightclub, traveling to work, walking down a street.
Since I was appointed to serve as the Acting United States Attorney on January 7 of this year, I’ve taken steps to increase our ability to support our law enforcement partners. I’ve prioritized the U.S. Attorney’s Office’s National Security and Critical Incident Response program. I’ve expanded and formalized our National Security/Critical Incident Response Team. We’re conducting monthly and quarterly meetings to discuss National Security and Domestic Terrorism threats in our district and to prepare our office to deal with them. Finally, on August 28, I appointed Heather Carlton, an Assistant United States Attorney assigned to our Charlottesville branch office, to serve as the Anti-Terrorism Advisory Coordinator or ATAC. Heather is not able to be with us today because she’s in a jury trial in Danville prosecuting one of our national security cases. However, I hope you get to meet Heather in the near future because she is an outstanding attorney and brings enthusiasm, initiative, and energy to our National Security/Critical Response program.
Of course, you all know about the violence in Charlottesville on August 12. I can tell you that despite the criticisms of those who are predisposed to blame law enforcement or to deflect responsibility from misguided decision-making, law enforcement responded to the difficult circumstances forced upon them in Charlottesville in an outstanding manner. Moreover, the team work of the federal, state, and law enforcement officers in Charlottesville on August 12 and afterward was a shining example of law enforcement at its best. One take-away from Charlottesville is that coordination and teamwork among federal, state, and local law enforcement agencies is critical to the success of our anti-terrorism mission.
It’s our goal and intention that this conference will serve to enhance and foster the teamwork and coordination among law enforcement that is so important to our vital mission of protecting the public from terrorism. So, thank you all for participating in this conference. The threats we face will continue to evolve. Our mission to keep our neighbors and our communities safe remains the same. And the bravery that you bring to that mission endures.
Thank you for taking on this challenging work. It’s an honor for me to serve with you in this important mission.
Acting Manhattan U.S. Attorney Announces Forfeiture of $48 Million from Sale of Silk Road BitcoinsRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, today announced the forfeiture of $48,238,116 in proceeds (the “Proceeds”) from the sale of the 144,336 Bitcoins that were recovered from Ross William Ulbricht’s laptop computer. Ulbricht was found guilty in 2015, after a jury trial, of distributing narcotics, distributing narcotics by means of the Internet, conspiring to distribute narcotics, engaging in a continuing criminal enterprise, conspiring to commit computer hacking, conspiring to traffic in false identity documents, and conspiring to commit money laundering, in connection with his operation of the Silk Road underground website. The Proceeds were the subject of a parallel civil forfeiture action filed in Manhattan federal court in 2013 seeking the forfeiture of all assets of Silk Road. United States District Judge Katherine Forrest entered a Stipulation and Order today in which Ulbricht withdrew his claim to the Proceeds, and the Proceeds were forfeited to the United States.
According to the evidence presented at Ublricht’s criminal trial, statements made during other public proceedings, and other court documents:
Ulbricht created Silk Road in January 2011, and owned and operated the underground website until it was shut down by law enforcement authorities in October 2013. Silk Road emerged as the most sophisticated and extensive criminal marketplace on the Internet, serving as a sprawling black-market bazaar where unlawful goods and services, including illegal drugs of virtually all varieties, were bought and sold regularly by the site’s users. While in operation, Silk Road was used by thousands of drug dealers and other unlawful vendors to distribute hundreds of kilograms of illegal drugs and other unlawful goods and services to more than 100,000 buyers, and to launder hundreds of millions of dollars deriving from these unlawful transactions.
In connection with the investigation of Silk Road, the Government seized 144,336 Bitcoins derived from Silk Road’s illegal activities that were found on Ulbricht’s laptop computer. These Bitcoins were ultimately sold by the United States Marshals Service pursuant to Court order for $48,238,116.
The civil forfeiture case is being handled by the Office’s Money Laundering and Asset Forfeiture Unit. Assistant United States Attorney Christine Magdo is in charge of the case.
Abington Man Charged with Robbing Three BanksRead the Press Release
BOSTON – An Abington man was arrested and charged today in federal court in Boston with robbing three Boston-area banks.
John Soule, 52, was charged with three counts of bank robbery. Following his initial appearance this afternoon, U.S. Magistrate Judge M. Page Kelley ordered Soule detained and scheduled a probable cause and detention hearing for Oct. 5, 2017.
According to court documents, Soule robbed a branch of the Eastern Bank in Cambridge on July 12, 2017; a branch of the Webster Bank in Boston on Aug. 9, 2017; and a branch of the Rockland Trust in Quincy on Sept. 8, 2017. In all three robberies, the defendant, wearing a hat, sunglasses, and gloves, entered the bank, jumped over the teller counter, and made verbal demands for the bank’s money. In total, Soule stole approximately $58,000 from the banks.
The charge of bank robbery provides for a sentence of no greater 20 years in prison, three years of supervised release, and a fine of $250,000. 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 Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation in Boston, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting this case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
3,800 Miembros de Pandillas son Enjuiciados en Operación que Abarca los Estados Unidos y CentroamericaRead the Press Release
Oficiales principales de las agencias del orden público de los Estados Unidos, El Salvador, Guatemala y Honduras anunciaron hoy la radicación de imputaciones de más de 3,800 miembros de las pandillas de la MS-13 y Calle 18 en los Estados Unidos y Centroamérica, en una operación judicial coordinada conocida como Operación Escudo Regional. Las imputaciones fueron anunciadas por el Fiscal General Adjunto Interino de los Estados Unidos Kenneth A. Blanco, el Fiscal General Douglas Meléndez de El Salvador, la Fiscal General Thelma Aldana de Guatemala, y el Fiscal General Oscar Chinchilla de Honduras. Este anuncio marca el aniversario de seis meses del compromiso para combatir el crimen organizado transnacional iniciado el pasado marzo por el Fiscal General Jeff Sessions con los Fiscales Generales de los tres países centroamericanos.
Las 3,800 imputaciones anunciadas hoy, incluyen más de 70 individuos en los estados de California, Maryland, Massachusetts, Nueva York, Ohio y Virginia en los Estados Unidos. Agentes del orden público incautaron seis armas de fuego e imputaron a 284 miembros de pandillas en Guatemala; incautaron 14 establecimientos y 11 vehículos de lujo y arrestaron a 12 miembros de pandillas MS-13 dedicados al lavado de dinero en Honduras; y radicaron 3,477 imputaciones que resultaron en más de 1,400 arrestos en El Salvador.
Casos que son resultado de la Operación Escudo Regional incluyen:
- Una imputación hecha pública ayer en el distrito de Massachusetts donde se acusa a Edwin Manica Flores c/p/ Sugar, Chugar y Shugar, líder de la ganga MS-13 encarcelado en El Salvador, en una conspiración bajo la ley federal contra el crimen organizado (RICO) por alegada actividad criminal que este dirigió en los Estados Unidos como líder del “Programa de la Costa Este” de la MS-13.
- Imputaciones radicadas en Long Island el 19 de julio contra 17 miembros de la pandilla MS-13 por la comisión de 12 asesinatos, incluyendo el asesinato de cuatro hombres en Central Islip cometido el 11 de abril; crimen organizado; tentativa de asesinatos; obstrucción a la justicia; incendios provocados; conspiración para distribuir marihuana y armas de fuego.
El 9 de febrero de 2017, el Presidente Donald J. Trump emitió la Orden Ejecutiva Para Hacer Cumplir la Ley Federal Sobre las Organizaciones de Crímenes Transnacionales y Prevenir el Tráfico Internacional para desmantelar y eradicar las pandillas transnacionales que amenazan la seguridad de nuestras comunidades. Conforme a esa orden, el Fiscal General Sessions ha hecho su prioridad el desmantelar las pandillas transnacionales como la MS-13.
En marzo, el Fiscal General Sessions se reunió con sus homólogos de la región y desarrollaron estrategias y planes concretos para responder en forma sólida y coordinada a las crecientes actividades criminales transnacionales de la MS-13. Por los pasados seis meses, los equipos de enjuiciamiento de la región han estado compartiendo información, evidencia y buenas prácticas para combatir las pandillas. También se han coordinando operaciones simultáneas que afectan tanto a los Estados Unidos como a Centroamérica.
“La MS-13 es una de las pandillas más violentas y despiadadas hoy en día en América, que pone en peligro las comunidades en más de 40 estados. Pero bajo el gran liderazgo del Presidente Trump, el Departamento de Justicia está removiéndolos de nuestras calles,” dijo el Fiscal General Sessions. “Hoy, estamos declarando que nuestra alianza con agencias del orden público en Centroamérica, ha producido imputaciones en contra de más de 3,800 miembros de pandillas en sólo los últimos seis meses. Más de 70 de estos imputados estaban viviendo en los Estados Unidos, de California a Boston. La MS-13 coordina a lo largo de nuestras fronteras para asesinar, violar, traficar en drogas y en la trata de niñas menores de edad; tenemos que coordinar a lo largo de nuestras fronteras para detenerlos. Eso es exactamente lo que nuestros valientes y profesionales agentes y fiscales del Departamento de Justicia están haciendo. Vamos a seguir manteniendo esta política firme y desmantelando esta pandilla.”
“Estudiando su modus operandi, nos dimos cuenta que afrontando las pandillas, requeriría trabajar conjuntamente con los Estados Unidos, Guatemala y El Salvador,” dijo el Fiscal General Oscar Chinchilla Banegas. “Esta estrategia nos ha permitido compartir información y golpear las estructuras financieras de las pandillas.”
“Hemos llevado a cabo operaciones simultáneas coordinadas entre todos nuestros países impactando la estructura de liderazgo de las pandillas y con un énfasis en la hermandad de estas pandillas que están generando los ingresos más grandes y con los lazos transnacionales más fuertes,” dijo el Fiscal General Meléndez Ruiz.
“Nuestros ciudadanos exigen respuestas rápidas y efectivas del sistema de seguridad y justicia,” dijo la Fiscal General Aldana Hernández. “Por lo tanto, debemos continuar promoviendo e implementando acciones como la de Operación Escudo Regional que efectivamente fortalecen la norma jurídica y erigen sociedades más seguras, comprensivas, prósperas y justas.”
En El Salvador, Guatemala, y Honduras, las investigaciones de la MS-13 se manejan por fiscales regionales anti-pandillas que reciben capacitaciones financiadas por el Departamento de Estado y asesoría por el FBI, HSI, y la Oficina Internacional para el Desarrollo, Asistencia y Capacitación Técnica del Departamento de Justicia (OPDAT). A través del apoyo de la Oficina de Narcóticos Internacionales y Asuntos de Aplicación de la Ley del Departamento de Estado, los fiscales de OPDAT han ayudado a establecer fuerzas de tarea en la región y trabajan con las Unidades Transnacionales Anti-Pandillas (TAG) del FBI y también las Unidades de Investigaciones Criminales Transnacionales de HSI (TCIU). Estos esfuerzos han ayudado a nuestros aliados en Centroamérica a condenar a miles de criminales, confiscar más de USD$ 1 billón de activos ilícitos, y coordinar docenas de investigaciones transnacionales con sus homólogos de Estados Unidos.
3,800 Gang Members Charged in Operation Spanning United States and Central AmericaRead the Press Release
Senior law enforcement officials from the United States, El Salvador, Guatemala and Honduras announced here today criminal charges against more than 3,800 MS-13 and 18th Street gang members in the United States and Central America in a coordinated law enforcement action known as Operation Regional Shield. The charges were announced by Acting Assistant Attorney General Kenneth A. Blanco of the United States, Attorney General Douglas Meléndez of El Salvador, Attorney General Thelma Aldana of Guatemala, and Attorney General Oscar Chinchilla of Honduras, marking the six-month anniversary of the commitment to combat transnational organized crime initiated in March by U.S. Attorney General Jeff Sessions, together with the Attorneys General of the three Central American countries.
The more than 3,800 individuals charged announced today include over 70 individuals in the United States in California, Maryland, Massachusetts, New York, Ohio and Virginia. Law enforcement officers seized six firearms and charged 284 gang members in Guatemala; seized 14 businesses and 11 luxury vehicles and arrested 12 MS-13 money launderers in Honduras; and filed 3,477 criminal charges, resulting in more than 1,400 arrests in El Salvador.
Cases resulting from Operation Regional Shield include:
· One indictment unsealed yesterday in the District of Massachusetts charges Edwin Manica Flores aka Sugar, Chugar and Shugar, an MS-13 leader incarcerated for murder in El Salvador, with a RICO conspiracy for alleged criminal activity he directed in the United States as the leader of MS-13’s “East Coast Program.”
· Charges filed in Long Island on July 19 against 17 MS-13 members for 12 murders, including the April 11 quadruple murder of four men in Central Islip; racketeering; attempted murders; assaults; obstruction of justice; arson; conspiracy to distribute marijuana; and firearms.
On February 9, President Donald J. Trump issued an Executive Order on Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking to dismantle and eradicate transnational gangs threatening the safety of our communities. Pursuant to that order, Attorney General Sessions has made dismantling transnational gangs, including MS-13, a top priority.
In March, Attorney General Sessions met with his counterparts from the region and developed strategies and concrete plans to give a strong and coordinated response to MS-13’s increasingly transnational criminal activities. Over the last six months, prosecution teams from the region have been sharing information, evidence and best practices to combat the gangs, as well as coordinating simultaneous operations against gangs that affect both the United States and Central America.
“MS-13 is one of the most violent and ruthless gangs in America today, endangering communities in more than 40 states. But under President Trump’s strong leadership, the Department of Justice is taking them off our streets,” Attorney General Sessions said. “Today, we are announcing that our partnership with law enforcement in Central America, has yielded charges against more than 3,800 gang members just in the last six months. More than 70 of these defendants were living in the United States, from California to Ohio to Boston. MS-13 coordinates across our borders to kill, rape, and traffic drugs and underage girls; we’ve got to coordinate across our borders to stop them. That’s exactly what our courageous and professional DOJ agents and attorneys are doing. We will continue to maintain this steadfast policy and dismantle this gang.”
“Studying their modus operandi, we realized tackling [the gangs] would require working jointly with the United States, Guatemala, and El Salvador,” said Honduran Attorney General Chinchilla Banegas. “This approach has allowed us to share information and strike the financial structures of the gangs.”
“We conducted simultaneous operations coordinated among all of our countries impacting the leadership structure of the gangs and with an emphasis on the gang cliques which are generating the most revenues and with the strongest transnational ties,” said El Salvadoran Attorney General Melendez Ruiz.”
“Our citizens demand prompt and effective responses from the security and justice system,” said Guatemalan Attorney General Aldana Hernandez. “We must therefore continue promoting and implementing actions such as Operation Regional Shield that effectively strengthen the rule of law and build safer, more supportive, more prosperous and fairer societies.”
In El Salvador, Guatemala, and Honduras, the investigation into MS-13 is being handled by regional gang prosecutors who receive State Department-funded training and mentoring from the FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the Justice Department’s Office of Overseas Prosecutorial Development Assistance and Training (OPDAT). With support from State Department’s Bureau of International Narcotics and Law Enforcement, prosecutors from OPDAT helped establish task forces in the region and work with FBI’s local Transnational Anti-Gang (TAG) units, as well as HSI’s Transnational Criminal Investigative Units (TCIUs). These efforts have helped Central American partners convict thousands of criminals, seize over $1 billion in illicit assets, and coordinate on dozens of transnational investigations with their U.S. counterparts.
12 Defendants Charged Federally with Collectively Receiving over $20 Million from USDA by Fraudulently Trading Food Stamps for CashRead the Press Release
Twelve retail store owners, operators, and clerks, have been charged in connection with schemes to illegally redeem food stamp benefits in exchange for cash.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Karen Citizen-Wilcox, Special Agent in Charge, U.S. Department of Agriculture, Office of Inspector General (USDA-OIG), George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, and Brian Swain, Special Agent in Charge, U.S. Secret Service (USSS), made the announcement.
The indictments allege that the retailers received more than $20 million in federal payments for transactions in which they did not provide any food, a fraud scheme commonly known as “food stamp trafficking.” Stores and vendors allegedly took illicit profits from the fraudulent transactions with food stamp recipients. This operation resulted in the largest combined financial fraud loss for a food stamp trafficking takedown in history.
“The Supplemental Nutrition Assistance Program offers nutrition assistance to millions of eligible, low-income individuals and families while providing economic benefits to communities,” stated Acting United States Attorney Benjamin G. Greenberg. “The exploitation of participants in the program by providing cash instead of nutrition for financial gain is criminal. The U.S. Attorney’s Office and our law enforcement partners are committed to investigating and bringing to justice those who engage in these fraudulent schemes.”
“The USDA-OIG conducts hundreds of criminal investigations relating to SNAP fraud across the nation each year. In this instance, eight small convenience stores in south Florida committed a staggering amount of fraud in a relatively short amount of time. These retailers created an illegal benefits exchange system that defrauded the American taxpayer and denied healthy foods to needy children and their families. The storeowners who allegedly orchestrated this trafficking scheme pocketed millions in “fees” which they charged for converting food assistance benefits into cash. Any retailer who chooses to defraud taxpayers through such schemes will continue to be aggressively investigated and prosecuted by USDA-OIG and its law enforcement partners,” stated Karen Citizen-Wilcox, Special Agent in Charge, USDA-OIG.
The Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program, is a federally funded, national program established by the United States government to alleviate hunger and malnutrition among lower income families. The United States Department of Agriculture (USDA) administers SNAP through its agency, the Food and Nutrition Service (FNS). FNS is responsible for the authorization and disqualification of retail food establishments participating in the redemption of SNAP benefits.
In Florida, SNAP is administered by the State of Florida Department of Children and Families (DCF). DCF is responsible for overall program administration, as well as approving, denying or revoking assistance for recipients. FNS and the State of Florida share jointly in the cost of administering the SNAP. In 1998, DCF changed the format of SNAP benefits in Florida from a traditional paper coupon system to an Electronic Benefit Transfer (EBT) card system. Recipients use the EBT card, which contains an embedded magnetic strip, to purchase approved food items from participating retailers. Retailers must apply to and be approved by FNS to participate in the program. Authorized retailers use a point-of-sale (POS) terminal that checks the EBT card information and deducts the cash value of the purchase from the customer’s SNAP benefit balance. SNAP reimbursements are paid to retailers through electronic funds transfers. Retailers bill the government in return for providing approved food items. SNAP retailers, including the defendants, receive instruction regarding the requirements and regulations of the food stamp program, such as that only eligible food items can be exchanged for EBT benefits and that a retailer may never exchange EBT benefits for cash or non-food items.
According to some of the indictments listed below, the defendants owned, operated, or worked at stores in the Southern District of Florida that were authorized to accept SNAP. In other indictments, the defendants owned, operated, or worked at stores in the Southern District of Florida who were not authorized to accept SNAP but instead unlawfully utilized the POS terminals of authorized retailers. The defendants received instruction regarding the requirements and regulations of the food stamp program. The defendants allegedly exchanged EBT benefits for cash, in violation of the food stamp program rules. The defendants and/or their co-conspirators/employees swiped the recipient’s EBT card at a POS machine for an inflated amount, and paid the recipient, in cash, a reduced percentage of the value of food stamp benefits charged on the card. The defendants would realize a guaranteed, significant profit from each fraudulent transaction. In most situations, the recipient did not actually receive any food or eligible items in return for their food stamp benefits. As a result of the unlawful cash transactions, the defendants fraudulently obtained more than $20 million dollars in EBT deposits for transactions in which the stores did not provide food.
1. United States v. Hasan Saleh, et al., Case No. 17-20653-CR-Moreno
According to the indictment, Hasan Saleh, 59, managed a convenience store, Four Corners, located at 821 Northwest 6th Street, Fort Lauderdale, Florida. Despite not being authorized to participate in SNAP, Four Corners employees, including Saleh, were involved in a scheme in which they exchanged food stamp benefits for cash. These transactions were carried out using equipment registered to the convenience store Sparkle, located at 6530 NW 18th Avenue, Miami, Florida. Defendant Mohammad Alobaisi, 37, was the sole officer, director, and registered agent of Sparkle. Additionally, employees of Sparkle participated in the scheme by exchanging food stamp benefits for cash. Between April 2015 and August 2017, Saleh and Alobaisi, together with their employees, Reynold Francois, 38, Ihab Hassouna, 44, Mohammad Alteen, 33, Maria Jerdana, 36, and Joe Ann Baker, 56, redeemed and caused to be redeemed approximately $2 million in EBT food stamp benefits from the FNS.
2. United States v. Yousef Homedan Zahran, Case No. 17-60241-CR-Ungaro
On September 20, 2017, Yousef Homedan Zahran, a/k/a “Yuousef Hussein,” a/k/a “Joe,” 60, of Pompano Beach, was charged by complaint in connection with a food stamp fraud scheme. According to court documents, Zahran, worked as a clerk at a convenience store, Muna & Mona Inc., d/b/a Community Food Store #5, located at 401 NW 27th Avenue, in Pompano Beach, Florida. On multiple occasions between November 3, 2016, and January 11, 2017, Zahran illegally sold food stamp benefits in exchange for cash.
3. United States v. Omar Hajje and Jalal Hajyousef, Case No. 17-20622-CR-Gayles
According to the indictment, Omar Hajje, 43, of Miami, and Jalal Hajyousef, 42, of Miami, owned and operated convenience and grocery stores in Miami known as Steve Market 2 and Yum-Yum’s Grocery, located at 6804 NW 15th Avenue and 6813 NW 15th Ave in Miami, respectively. Omar Hajje applied for and obtained authorization for each of the two stores to participate in SNAP. From July 2014 through the date of the indictment, September 2017, Omar Hajje and Jalal Hajyousef were involved in a fraud and money laundering conspiracy in which they exchanged food stamp benefits for cash and fraudulently redeemed approximately $4.2 million in EBT food stamp benefits. Hajje and Hajyousef laundered the fraud proceeds through various accounts, by writing cashier’s checks, and by converting EBT funds to cash.
4. United States v. Andy Javier Herrera and Javier Herrera, Case No.17-20663-CR-Moore
According to the indictment, Andy Javier Herrera, 24, of Little Havana, owned a small grocery store, Santa Ana Market II, located at 1832 NW 17th Ave., Miami, Florida. Herrera applied for, and obtained, authorization to participate in SNAP. Javier Herrera, 49, of Coral Way, was a clerk that worked at both Santa Ana Market II, and a nearby convenience store named Santa Ana Market, located at 3000 NW 12th Avenue, Miami, Florida. Between April 2012 and September 2017, Andy Herrera and Javier Herrera were involved in a scheme in which they exchanged food stamp benefits for cash. During that time, Andy Herrera and Javier Herrera fraudulently redeemed approximately $10,000,000 in EBT food stamp benefits.
If convicted of the charged conduct, a defendant faces a possible maximum statutory sentence of 20 years’ imprisonment for conspiracy to commit wire fraud; 20 years’ imprisonment for wire fraud; and 5 years’ imprisonment for food stamp/EBT fraud.
Acting U.S. Attorney Greenberg acknowledged the dedicated efforts of the Florida Department of Children and Families and the Florida Department of Financial Services to provide services to the community and identify for prosecution those individuals who compromise public benefits. Mr. Greenberg also commended the investigative efforts of USDA-OIG, FBI and USSS, and expressed his gratitude to FLPD, DBPR-ABT, MPD and MDPD for their assistance with the investigation and law enforcement operation. Mr. Greenberg recognized Assistant United States Attorneys Yeney Hernandez, Lisa Miller, Frederic Shadley, and Anne McNamara, who are prosecuting these cases.
A complaint or an indictment is only an accusation and a defendant is presumed innocent unless and until proven guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
11 Defendants Taken into Custody Following Early Morning Roundup, A 12th Defendant Still Being Sought by PoliceRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that a federal jury has returned an indictment charging 12 defendants with conspiracy to distribute one kilogram or more of cocaine. The charge carries mandatory minimum penalty of 10 years in prison, a maximum of life and a $10,000,000 fine. Charged in an indictment and arrested this morning were:
• Cesar Rivera-Figueroa, aka Fat Boy, 26;
• Jenhsen Rodriguez, aka Compa;
• Daniel Navarro, Omar, 43;
• Virgen Perez-Jurado, 26;
• Josue Cardona-Soto, aka Chris, 36;
• Devincio K.D. James, 28;
• Omar Vazquez-Baez, Tutu, 24;
• Luis Andino, 37;
• Joseph Jones; aka Tio, 54;
• Quinton Jones, aka Q, 37;
• Sucley Romero, 26; and
• Tori Rockmore, 31A twelfth individual charged in the indictment, Joseph Jones, a/k/a Tio, is still being sought by law enforcement officials. Assistant U.S. Attorneys Laura Higgins and Wei Xiang, who are handling the case, stated that according to the indictment, between July 2017, and the present, the defendants conspired to possess and distribute five kilograms or more of cocaine. The cocaine, which was trafficked from Puerto Rico, was being sold in the Buffalo area.
“By removing those who pollute our neighborhoods with drugs and associated violence, arrests such as these reaffirm the commitment that the dedicated agents and prosecutors working for the Department of Justice have to helping our state and local partners, in our all-out effort to clean-up our neighborhoods,” said Acting U.S. Attorney James P. Kennedy, Jr. “Sooner or later, those attracted to drug dealing need to realize that the costs—both to themselves and their communities—of engaging in such behavior outweigh any benefits. Short-term profits from drug-dealing mean long-term sentences in federal prison.”
“Unfortunately, we are reminded daily of the opioid epidemic affecting our families, friends and neighbors,” said FBI Special Agent in Charge Adam S. Cohen. “But we must not forget that cocaine and other illegal narcotics are still a significant health and crime problem in our country. The FBI Safe Streets Task Force and its partners continue to combat the illegal drug trade and those who seek viable routes to push drugs into Western New York.”
DEA Special Agent in Charge James Hunt stated, "Through collaborative efforts, 11 members of a violent cocaine trafficking network have been arrested. As a result of the investigation, this crew will no longer be an intimidating presence nor a threat to families living in the Buffalo and Niagara area."
The eleven defendants were arraigned this afternoon before U.S Magistrate Judge Jeremiah J. McCarthy are due back in court on October 3, 2017, at 1:30 p.m.
The indictment is the result of an investigation by the Federal Bureau of Investigation, Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; and the New York State Police, under the direction of Major Edward Kennedy.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Thursday 28 September 2017
Woman Pleads Guilty to Unlawful Procurement of U.S. CitizenshipRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that Munia Parvin a/k/a Zarrin Hoque (50, Sarasota) has pleaded guilty to unlawful procurement of United States citizenship. She faces a maximum penalty of 10 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Parvin first appeared before the U.S. Immigration and Naturalization Service (INS) in 1996 as an immigrant from Bangladesh when she applied for asylum in the United States. The INS found her asylum petition questionable and referred her case to an immigration court judge for decision. In 1997, the immigration court allowed Parvin to depart from the United States voluntarily by a set date, and when she did not, entered a warrant for her arrest and removal from the country.
Also in 1997, a woman by the name of Zarrin Hoque filed a petition with the INS to register as a permanent resident alien, claiming to be an immigrant from Bangladesh. She received that status and, ultimately, became naturalized as a U.S. citizen on June 4, 2012. Investigators from U.S. Immigration and Customs Enforcement’s Homeland Security Investigations found that Parvin and Hoque were the same person and that “Hoque” had given false answers on her citizenship application when she denied using any other identity with the INS, or ever having been ordered deported or removed from the United States.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, with assistance from the U.S. Citizenship and Immigration Services. It is being prosecuted by Assistant United States Attorney Jay L. Hoffer.
Waterford Man Sentenced to 16 Years in Federal Prison for Producing Child PornographyRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that RICHARD BRUNO, 47, of Waterford, was sentenced today by U.S. District Judge Jeffrey Alker Meyer in New Haven to 192 months of imprisonment, followed by 10 years of supervised release, for producing child pornography.
According to court documents and statements made in court, on May 5, 2016, the Connecticut State Police executed search warrants at BRUNO’s residence in Waterford and at his company’s warehouse located at 19 Mountain Avenue in New London. At BRUNO’s residence, investigators seized a hard drive that was connected to a computer. Analysis of the hard drive revealed 46 homemade videos depicting nine different females engaged in sexually explicit conduct. Most of the videos depicted BRUNO engaging in sex acts with the females. One of the females was 17 years old at the time.
The investigation revealed that BRUNO was the minor victim’s landlord. BRUNO met the minor victim in approximately November 2015 and she told him she was 17. On four occasions, BRUNO videotaped the minor victim engaged in sexual acts with him at his company’s warehouse. For each of these sessions, BRUNO paid the minor victim in either marijuana or cash.
The investigation further revealed that BRUNO communicated with the victim using the Kik instant messaging application. Analysis of BRUNO’s cellphone revealed messages from BRUNO to the victim, including “If you wanted to play around I get you some mon[ey].” “Or if you let me film you for a little whi[le].”
In April 2016, law enforcement initiated an undercover investigation of BRUNO in which a Connecticut State Police detective posed as a single woman with a 13-year-old daughter who was looking for an apartment to rent. During the investigation, BRUNO engaged in text messages with the “13-year-old girl,” asked her for pictures of herself and coaxed her, with promises of money, to come to New London to engage in illicit sexual activity. On May 19, 2016, BRUNO was arrested by New London Police detectives at the time and place he agreed to meet the “girl.”
The investigation revealed several other instances of BRUNO’s inappropriate conduct with vulnerable woman and girls, and voyeuristic videos that BRUNO took of women and girls.
BRUNO has been detained since his arrest. On May 8, 2017, he pleaded guilty to one count of production of child pornography.
As part of his sentence, BRUNO was ordered to forfeit his company’s New London warehouse, a multi-family residence he owns at 27 West Coit Street in New London, and a van owned by his company.
Also, BRUNO has paid the victim restitution through a settlement in a separate federal civil case (Doe v. Bruno 3:17cv217).
This matter was investigated by the Federal Bureau of Investigation, Connecticut State Police and New London Police Department. The case was prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
To report cases of child exploitation, please visit www.cybertipline.com.
Vietnamese National Sentenced for Role in Marijuana ConspiracyRead the Press Release
BOSTON – A Vietnamese national was sentenced today to 28 months in federal prison for her role in an extensive marijuana conspiracy operating out of central Massachusetts.
Nhi Le, 46, was sentenced by U.S. District Court Judge Timothy S. Hillman to 28 months in prison and two years of supervised release. On June 30, 2017, Le was convicted by a federal jury of one count of conspiracy to manufacture and possess with intent to distribute marijuana; one count of manufacturing or possessing with intent to distribute marijuana; and one count of maintaining a drug involved premises.
From approximately October 2011 through September 2013, Le and seven others were involved in a marijuana conspiracy operating out of six grow houses in Worcester, Webster, Douglas and Leicester. In September 2013, when law enforcement executed multiple search warrants, they seized over 1200 marijuana plants valued at over $1 million.
An elaborate indoor marijuana growing operation,185 marijuana plants, and over $100,000 in cash were discovered during a search at Le’s residence in Webster. Evidence at trial demonstrated that Le had paid over $17,000 in cash for an Audi SUV less than two months prior to the execution of the search warrants and had over $3,700 in her purse, despite being unemployed.
Acting United States Attorney William Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Webster Police Chief Timothy J. Bent; Worcester Police Chief Steven M. Sargent; Douglas Police Chief Patrick T. Foley; Oxford Police Chief Anthony Saad; Paxton Police Chief Robert Desrosiers; and Leominster Interim Police Chief Michael Goldman made the announcement today. Assistant U.S. Attorney Mark Grady of Weinreb’s Worcester Branch Office prosecuted the case.
Van Zandt County Man Sentenced for Drug Trafficking & Firearms ViolationsRead the Press Release
TYLER, Texas – A 28-year-old Ben Wheeler, Texas man has been sentenced to federal prison for drug trafficking and firearms violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Corey Lance Parish pleaded guilty on May 16, 2017, to possession with intent to distribute methamphetamine and possession of a firearm during a drug trafficking crime. Parish was sentenced to 120 months in federal prison today by U.S. District Judge Thad Heartfield.
According to information presented in court, on Dec. 13, 2016, Parish was pulled over for a traffic stop in Canton, Texas. During a search of his vehicle, law enforcement officers discovered a pistol, over 77 grams of marijuana and 329 grams of methamphetamine.
This case was prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence, deterring illegal possession of guns, ammunition and body armor, and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state and local law enforcement agencies.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Drug Enforcement Administration and the Van Zandt County Sheriff’s Office. This case was prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
Vacaville Man Pled Guilty to Disability Benefits FraudRead the Press Release
SACRAMENTO, Calif. —Michael McCree, 65, of Vacaville, CA, pleaded guilty today to one count of mail fraud, United States Attorney Phillip A. Talbert announced.
According to court documents, McCree worked for the United States Post Office for approximately six months in 1988 and 1989, before he filed a workers’ compensation claim for an alleged back injury. Since 1989, the Department of Labor, on behalf of the Postal Service, has been paying McCree monthly wage loss compensation and reimbursements for medical-related travel. The indictment alleges that from January 2007 through June 2012, McCree received over $120,000 in reimbursements for medical-related travel, but that McCree in fact did not travel to the location listed and further did not receive medical treatment at the location in any event.
This case was the product of an investigation by the United States Postal Service-Office of Inspector General. Assistant United States Attorney Todd A. Pickles is prosecuting the case.
McCree is scheduled to be sentenced by Judge Troy L. Nunley on January 11, 2018. McCree faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
United States Intervenes in False Claims Act Lawsuit Against MRI ProviderRead the Press Release
Wilmington, Del. – The United States has intervened in a lawsuit against Orthopaedic and Neuro Imaging LLC (ONI), and the company's owner, Richard Pfarr, that alleges they submitted false claims for Medicare reimbursement. The announcement was made today by Acting United States Attorney David C. Weiss of the District of Delaware.
ONI operates independent diagnostic testing facilities (IDTFs) in Delaware and Maryland. The lawsuit alleges that ONI and Pfarr knowingly submitted false claims to Medicare by administering contrast dye during magnetic resonance imaging (MRI) scans on patients without proper supervision by a physician. Contrast dye is a chemical that is injected intravenously into the body in order to make certain tissues more clearly visible on an MRI.
"The intervention of the United States in this matter illustrates our office's commitment to combat healthcare fraud and protect Medicare beneficiaries," said Acting U.S. Attorney Weiss. "Fraudulent billing practices, like those alleged in this lawsuit, not only harm taxpayers who fund government health care programs, they also create needless patient risk."
The original lawsuit was filed by Robin White, a former employee of ONI. The lawsuit was filed under the qui tam provisions of the False Claims Act, which permit private parties to sue on behalf of the United States for false claims for government funds, and to receive a share of any recovery. The False Claims Act permits the government to intervene in such a lawsuit, as it has done in this case.
The matter was investigated by the U.S. Attorney's Office for the District of Delaware, the U.S. Department of Health and Human Services Office of Inspector General, and the Federal Bureau of Investigation.
The claims asserted against ONI and Pfarr are allegations only, and there has been no determination of liability.
The case is captioned United States ex rel. White v. Orthopaedic and Neuro Imaging LLC, No. 13-1109-RGA. The case is pending in the U,S. District Court for the District of Delaware.
United States Court of Appeals for the Second Circuit Affirms Conviction of Abu GhaythRead the Press Release
United States Court of Appeals for the Second Circuit summary order below.
United States Attorney’s Office for the Eastern District of Oklahoma Hosts Anti-Terrorism ConferenceRead the Press Release
MUSKOGEE, OKLAHOMA – United States Attorney Brian J. Kuester hosted approximately 150 law enforcement officers and agents from across Eastern Oklahoma today for the annual Anti-Terrorism Advisory Council meeting and training. The audience, comprised of law enforcement from a wide range of state, local, tribal, and federal agencies, heard powerful presentations from the prosecution team who tried the Emanuel A.M.E. Church shooting in Charleston, South Carolina.
Officers and agents heard from the lead FBI agent, the lead victim services coordinator, and the lead prosecutor in the case of United States v. Dylan Roof. The presentations covered law enforcement response, crime scene preservation and analysis, victim services and trial presentation of mass casualty events.
The Anti-Terrorism Advisory Councils, headed by the United States Attorney in each of 94 districts across the nation, are a bridge between state, local, tribal, and federal authorities and the FBI's Joint Terrorism Task Forces. They are designed to provide a mechanism for information sharing between law enforcement agencies regarding both domestic and international terror threats.
U. S. Attorney Kuester said of the training, "This presentation was an excellent opportunity for investigators, prosecutors, and victim services specialists to learn from the experiences of others in our respective fields. It also allowed this diverse group of law enforcement officers from different jurisdictions and geographic regions to discuss issues common to all of us. This gathering and others like it are invaluable for education and unifying the law enforcement community around the common goal of serving and protecting our communities."
The meeting and training were held at the Martin Luther King Jr. Community Center in Muskogee, Oklahoma.
U.S. Attorneys for Southern, Northern Ohio Announce Charges in 8 Social Security Fraud CasesRead the Press Release
COLUMBUS, Ohio – United States Attorneys Benjamin C. Glassman and Justin E. Herdman announced charges brought in eight separate Social Security fraud and other benefits cases statewide.
The cases are part of the national Social Security Administration (SSA) Fraud Prosecution Project, a collaboration with SSA’s Office of the General Counsel, Office of the Inspector General and the Department of Justice. From early 2016 to date, Special Assistant United States Attorneys around the country have secured over 300 federal convictions, leading to judicial orders for more than $34 million in restitution to SSA and other agencies.
In Ohio, eight individuals were charged this month with stealing Social Security and other retirement benefits totaling more than $796,000.
“Taking Social Security benefits intended for another is a theft from all of us,” U.S. Attorney Glassman said. “Through our partnership with the Social Security Administration, the Southern District of Ohio is cracking down on this fraud as never before.”
The defendants illegally collected Social Security benefits that were paid to a deceased relative or friend in seven of the eight cases. In one case, the defendant stole the identity of a living 65-year-old doctor and used it to collect the doctor’s Social Security benefits.
In the Southern District of Ohio, Special Assistant United States Attorney Timothy Landry is prosecuting five cases.
Jesse Larry, 71, of Columbus, Curtis Joash, 73, of Cincinnati and Dolores Stacy, 70, of Hamilton were each charged by criminal complaint for allegedly illegally collecting Social Security benefits paid to their respective mothers after their deaths. Each defendant was a co-signatory on their mother’s savings or checking account, allowing them to withdraw the Social Security money each month.
Larry collected $273,000 in benefits that were paid to his mother after she died in 1993, Joash collected nearly $188,000 since his mother’s death in 1990 and Stacy collected nearly $121,000 since her mother died in 2005.
Era Jenkinson, 42, of Columbus, was also charged by criminal complaint for allegedly illegally collected nearly $29,000 in Social Security benefits that were paid to her for the benefit of another person.
Jenkinson had been serving as the person’s representative payee, and therefore was responsible for notifying Social Security when the person died in 2015. Instead, it is alleged that Jenkinson spent the benefits on her own expenses after the person died. In April 2017, Jenkinson allegedly had a friend pose as the deceased person in a telephone call with a Social Security employee in an attempt to convince Social Security that the person was still alive.
Chucky Scott, 25, of Columbus, was charged by a Bill of Information. Scott is scheduled to plead guilty in U.S. District Court next week, and, according to the plea agreement, filed a claim for retirement benefits using the identity of a 65-year-old doctor, but using Scott’s own address to receive the payments. In this manner, Scott illegally collected approximately $14,500 in Social Security benefits.
In the Northern District of Ohio, Special Assistant United States Attorney Lisa J. Sanniti indicted three cases yesterday.
Norman C. Thompson, III, 47, of Chagrin Falls, is charged for allegedly wrongfully converted his deceased mother’s Title II disability benefits. Every month after his mother’s death, defendant intercepted checks from the Social Security Administration issued to his mother. Thompson signed his mother’s name and his own to endorse and deposit the checks, causing a total loss of approximately $39,000.
From approximately November 2011 through May 2017, James C. Bohanon, Jr., 69, of Cleveland, allegedly wrongfully received and converted to his own use approximately $48,000 from his deceased wife’s Supplemental Security Income. In addition, he received financial assistance from the U.S. Department of Housing and Urban Development, and was obligated to report his income accurately to his residential property management each year. Bohanon concealed his receipt of his deceased wife’s Social Security benefits from HUD, and, as a result, received approximately $38,500 in Housing Assistance Payments to which he was not entitled.
Alturik R. Plummer, 51, of University Heights, allegedly wrongfully converted his deceased grandmother’s Title II Retirement Insurance benefits from approximately August 2013 through October 2016, causing a loss of approximately $45,000.
“These defendants stole tens of thousands of dollars from taxpayers,” said Justin E. Herdman, U.S. Attorney for the Northern District of Ohio. “We will continue to work with all our law enforcement partners to root out fraud, including those who steal from Social Security.”
Through its Fraud Prosecution Project, the Department of Justice and SSA pool legal resources to prosecute individuals who defraud Social Security programs. SSA’s Office of the General Counsel currently employs agency attorneys to serve as Special Assistant United States Attorneys in 13 United States Attorney Offices, two of which are located in the Southern and Northern Districts of Ohio, to lead these prosecution efforts.
For more information on SSA’s Fraud Prosecution Project and the agency’s other anti-fraud efforts, please visit https://www.ssa.gov/antifraudfacts/.
# # #
U.S. Attorney Announces $3.6 Million Settlement with Bank Accused of Consumer FraudRead the Press Release
PHILADELPHIA - ZB, N.A, formerly known as Zions First National Bank, N.A. (Zions), of Salt Lake City, Utah, settled allegations by the United States Attorney’s Office for the Eastern District of Pennsylvania that Zions and its affiliated payment processor facilitated consumer fraud by providing payment processing services to telemarketing and Internet merchants that were debiting money illegally from consumers’ bank accounts. Under a civil settlement reached between ZB and the government, the bank will pay a civil money penalty of $3.6 million to the United States Treasury, announced Acting United States Attorney Louis D. Lappen.
The government alleges that Zions and its affiliate Modern Payments provided ACH debit processing services to a number of telephone and Internet marketing merchants that were engaged in fraud against consumers. The government further alleges that Zions and Modern Payments knew or were willfully blind to the fact that the marketing merchants were engaged in fraud campaigns against consumers. Modern Payments, through Zions, debited money from consumers’ bank accounts and transferred that money to the marketing merchants.
Banks are a critical key in many consumer fraud schemes. After a fraudulent marketer obtains bank account information from a consumer, the fraudulent marketer still needs to gain access to the banking system in order to take the consumer’s money. Fraudulent marketers have a difficult time opening their own bank accounts because of laws designed to prevent criminals from accessing the banking system. To overcome this obstacle, fraudulent marketers often obtain indirect access to the banking system through a third-party payment processor that can more easily establish a relationship with a bank.
The government alleges that Zions and Modern Payments knew of, or were willfully blind to, ten Modern Payment’s telemarketing and Internet marketing clients using Modern Payments to access the banking system through Zions to engage in consumer fraud schemes. Specifically, the government alleges that Zions and Modern Payments knew of or were willfully blind to indicators of consumer fraud, including high rates of ACH debit transactions returned from consumers’ accounts as unauthorized. The government also alleges that Zions and Modern Payments facilitated the fraud campaigns of two marketers by initiating debits against consumers’ bank accounts despite knowledge or being willfully blind to the fact that the debits violated rules that prohibited both processing payments associated with outbound telemarketing, and recurring payments pursuant only to a voice-authorization. The government also alleges that Modern Payments failed to conduct sufficient due diligence of certain of its marketing clients before providing them with access to consumers’ bank accounts -- despite Zions’ internal skepticism of the marketers’ business practices and acknowledgement that Zions would be at risk for the marketers’ conduct.
The government contends that Zions and Modern Payments’ conduct violated the Financial Institutions Reform, Recovery and Enforcement Act, 12 U.S.C. § 1833a (“FIRREA”). FIRREA authorizes the imposition of civil monetary penalties for violations of enumerated criminal statutes affecting a federally-insured financial institution. These crimes include mail fraud and wire fraud.
Modern Payments received $1.2 million in fee revenue from the fraudulent marketers. In addition to the $3.6 million penalty paid to the United States Treasury in connection with this settlement, pursuant to a separate class action settlement approved by a Federal court, ZB has established a $37.5 million compensation fund for the victims of the frauds.
The case was handled by Assistant United States Attorney Joel M. Sweet and Investigator Jeffrey R. Braun.
Springfield Man Pleads Guilty to Federal Firearm and Drug ChargesRead the Press Release
BOSTON – A Springfield man pleaded guilty today in federal court in Springfield to firearm and drug offenses.
Robert Crichlow, 37, pleaded guilty to one count of being a convicted felon in possession of a firearm and ammunition and one count of possession with intent to distribute crack cocaine. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Jan. 4, 2018.
On June 4, 2015, Crichlow possessed a Taurus Model PT 145 .45 caliber pistol and seven rounds of .45 caliber ammunition. He also possessed eight rocks of crack cocaine packaged for sale.
The charge of being a felon in possession of a firearm provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000. The charge of possessing crack cocaine with intent to distribute provides for a sentence of no greater than 20 years in prison, at least three years of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Katharine A. Wagner of Weinreb’s Springfield Branch Office is prosecuting the case.
Solano County Man Indicted for Possession of Methamphetamine with Intent to Distribute, and Unlawful Possession of A FirearmRead the Press Release
SACRAMENTO, Calif. — On September 21, 2017, a federal grand jury returned a two-count indictment against Wilfred Wallace Bryant, 55, of Vacaville, charging him with possession of methamphetamine with intent to distribute and being a felon in possession of a firearm, United States Attorney Phillip A. Talbert announced. Bryant was taken into custody today and the indictment was unsealed.
According to court documents, on or about July 14, 2017, Bryant was found to be in possession of a mixture and substance containing methamphetamine and a Hi-Point CF-380 handgun. Bryant is prohibited from possessing a firearm.
This case was the product of an investigation by the Vacaville Police Department and the FBI Solano County Violent Crimes Task Force. Assistant United States Attorney Owen Roth is prosecuting the case.
If convicted, Bryant faces a maximum statutory penalty of twenty years in prison and a $1,00,000 fine for possession of methamphetamine with intent to distribute. He also faces a maximum statutory penalty of ten years in prison and a $250,000 fine for unlawful possession of a firearm. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Sentencings for September 22 - September 27, 2017Read the Press Release
Manuel Moreno, a/k/a Manuel Moreno Cirillo, 39, of Casper, Wyoming, was sentenced by Federal District Court Judge Scott W. Skavdahl on September 27, 2017, for conspiracy to counterfeit and forge obligations or securities of the United States and for counterfeiting and forging obligations or securities of the United States. Moreno was arrested in Casper, Wyoming. He received 37 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $200.00 special assessment. This case was investigated by the Casper Police Department and the U.S. Secret Service.
Monserrat De La Pena-Camacho, 46, of Coahuila, Mexico, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on September 26, 2017, for illegal re-entry of a previously deported alien into the United States. Pena-Camacho was arrested in Natrona County, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Luis Javier Hernandez-Hernandez, 30, of Mexico City, Mexico, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on September 26, 2017, for illegal re-entry of a previously deported alien into the United States. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
William Lewellyn Curtis, 54, of Rock Springs, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on September 22, 2017, for conspiracy to distribute methamphetamine. Curtis was arrested in Sweetwater County, Wyoming. He received 57 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay $900.00 in restitution and a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation.
James Franklin Alexander, 54, of Rock Springs, Wyoming, was sentenced by Federal District Court Judge Alan B. Johnson on September 22, 2017, for conspiracy to distribute methamphetamine. Alexander was arrested in Sweetwater County. He received 24 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay $400.00 in restitution and a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation.
Reading Man Charged with Purchasing Firearm for a JuvenileRead the Press Release
Maximo Velez, 26, of Reading, PA., was charged today by indictment with false statements to a federal firearms licensee and transfer of a firearm to a juvenile, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about September 26, 2015, Velez made a false statement to a federal firearm licensee during the purchase of a firearm, wherein he falsely certified that he was the actual transferee/buyer of the firearm when in fact, as he knew at the time that he was making the purchase for a juvenile.
If convicted the defendant faces a maximum sentence of 6 years’ imprisonment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and is being prosecuted by Assistant United States Attorney Jeffery W. Whitt.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Quebec Man Pleads Guilty to Failing to Stop for Border PatrolRead the Press Release
ALBANY, NEW YORK – Brandon Thompson, age 30, of Snye, Quebec, Canada, pled guilty today to failing to obey the commands of Border Patrol while he was operating a boat on the St. Lawrence River.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
Thompson admitted that on July 26, 2016, as Border Patrol Marine Unit Agents were directing him to stop and bring his boat alongside a Border Patrol boat for inspection, he instead sped away, disregarding the agents’ commands.
Agents attempted to stop Thompson because they had observed him enter U.S. waters from Canada, without reporting for inspection, at approximately 10:30 p.m.
Thompson faces up to 5 years in prison, a fine of up to $250,000, and a term of post-imprisonment supervised release of up to 3 years when he is sentenced on January 18, 2018 by Senior United States District Judge Lawrence E. Kahn. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Porterville, California Woman Sentenced to 120 Months for Cocaine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that TINA MARIE ZAHR, age 49, of Porterville, California, was sentenced to 120 months imprisonment, and 5 years of supervised release for POSSESSION WITH INTENT TO DISTRIBUTE COCAINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A).
The Indictment alleged that on or about February 23, 2017, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute 5 kilograms or more of a mixture or substance containing a detectable amount of cocaine, a Schedule II controlled substance.
The charge arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Honorable Ronald A. White, Chief U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Timothy Hammer represented the United States.
Pharmaceutical Employee Admits Health Care Fraud Conspiracy Targeting State Health Benefits ProgramsRead the Press Release
CAMDEN, N.J. – A Northfield, New Jersey, man today admitted defrauding New Jersey state health benefits programs and other insurers out of millions of dollars by submitting fraudulent claims for medically unnecessary prescriptions, Acting U.S. Attorney William E. Fitzpatrick and New Jersey Attorney General Christopher S. Porrino announced.
Richard Zappala, 45, a pharmaceutical sales representative, pleaded guilty before U.S. District Judge Robert B. Kugler in Camden federal court to an information charging him with conspiracy to commit health care fraud.
According to documents filed in this case and statements made in court:
From January 2015 through April 2016, Zappala recruited individuals in New Jersey to obtain very expensive and medically unnecessary compounded medications from an out-of-state pharmacy, identified in the informations as the “Compounding Pharmacy.” The conspirators learned that certain compound medication prescriptions – including pain, scar, antifungal, and libido creams, as well as vitamin combinations – were reimbursed for thousands of dollars for a one-month supply.
The conspirators also learned that some New Jersey state and local government and education employees, including teachers, firefighters, municipal police officers, and state troopers, had insurance coverage for these particular compound medications. An entity referred to in the informations as the “Pharmacy Benefits Administrator” provided pharmacy benefit management services for the State Health Benefits Program, which covers qualified state and local government employees, retirees, and eligible dependents, and the School Employees’ Health Benefits Program, which covers qualified local education employees, retirees, and eligible dependents. The Pharmacy Benefits Administrator would pay prescription drug claims and then bill the State of New Jersey for the amounts paid.
Zappala and conspirators working under him recruited public employees and other individuals covered by the Pharmacy Benefits Administrator to fraudulently obtain compounded medications from the Compounding Pharmacy without any evaluation by a medical professional that they were medically necessary. In return, the pharmacy paid one of Zappala’s conspirators a percentage of each prescription filled and paid by the Pharmacy Benefits Administrator, which was then distributed to Zappala and other members of the conspiracy.
Once he had recruited an employee covered by the Pharmacy Benefits Administrator, Zappala would obtain the employee’s insurance information and fill out a Compounding Pharmacy prescription form. He would select the compounded medications that paid the most without regard to their medical necessity.
Zappala would then get the prescriptions signed by doctors who never evaluated whether the patients had a medical necessity for the compounded medication. The prescriptions were then faxed to Compounding Pharmacy, which filled the prescriptions and billed the Pharmacy Benefits Administrator.
Zappala paid money and other benefits to doctors to reward them for signing prescriptions. He also paid recruiters under him and paid individuals with insurance coverage to reward them for agreeing to obtain prescriptions.
According to the information, the Pharmacy Benefits Administrator paid Compounding Pharmacy over $50 million for compounded medications mailed to individuals in New Jersey.
As part of his plea agreement, Zappala must forfeit $1,492,918.19 in criminal proceeds he received for his role in the scheme and pay restitution of at least $4,310,232.76.
Zappala faces a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Jan. 5, 2018.
Eight other conspirators – Matthew Tedesco, Robert Bessey, Michael Pepper, Thomas Hodnett, Steven Urbanski, John Gaffney, Judd Holt, and George Gavras – have pleaded guilty to their roles in the scheme and await sentencing.
Acting U.S. Attorney Fitzpatrick credited agents of the FBI’s Atlantic City Resident Agency, under the direction of Special Agent in Charge Timothy Gallagher in Newark, IRS – Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen in Newark, and the U.S. Department of Labor, Office of Inspector General, under the direction of Special Agent in Charge Michael C. Mikulka in New York, with the investigation leading to the guilty plea. He also thanked the Division of Pensions and Financial Transactions in the State Attorney General’s Office, under the direction of Attorney General Porrino and Division Chief Eileen Schlindwein Den Bleyker, for its assistance in the investigation.
Defense counsel: Kevin E. Raphael Esq., Philadelphia, Pennsylvania
New Hampshire Man Pleads Guilty to Sex Trafficking of a MinorRead the Press Release
Steven Tucker, 31, of New Hampshire, pleaded guilty in the District of New Hampshire today to one count of sex trafficking of a minor.
According to the plea agreement, from 2013 to 2014, the defendant recruited a minor victim to engage in commercial sex acts, provided a location for the commercial sex acts, arranged her transportation to perform commercial sex acts, paid for internet advertisements for the commercial sex acts, and collected a portion of the cash proceeds from the minor’s commercial sex acts.
“Sex trafficking is a heinous crime that often times preys on the youngest and most vulnerable members of our society,” said Acting Assistant Attorney General John Gore. “Combatting sex trafficking is one of the highest priorities of the Department of Justice, and we will continue to hold traffickers accountable and to seek justice on behalf of sex trafficking victims.”
“The United States Attorney’s Office in New Hampshire is committed to working closely with our law enforcement partners to combat human trafficking,” said Acting U.S. Attorney John J. Farley. “I am proud of the work that the members of the New Hampshire Human Trafficking Collaborative Task Force do each day to combat the scourge of human trafficking using a multidisciplinary approach. This successful prosecution is an example of the Task Force’s ongoing efforts to seek justice for victims of sex trafficking crimes.”
Tucker was charged in a three-count indictment returned on January 25, 2016 with sex trafficking of a minor, operation of a prostitution enterprise, and maintaining a drug-involved premises. He faces a possible sentence of 10 years to life in prison. The sentencing is scheduled for January 5, 2018. As part of the plea agreement, Tucker will also be ordered to pay restitution to the minor victim, in an amount to be determined at the time of sentencing.
This prosecution is the result of the joint investigation by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Manchester Police Department, the New Hampshire Human Trafficking Collaborative Task Force, the U.S. Attorney’s Office for the District of New Hampshire and the Civil Rights Division’s Human Trafficking Prosecution Unit.
The Task Force is funded by a grant from the United States Department of Justice. Its goals are to ensure that comprehensive and specialized services are made available to victims of human trafficking through a multidisciplinary and collaborative approach, and that perpetrators of sex trafficking and forced labor are investigated and prosecuted.
The core team members of the Task Force are the Manchester Police Department, Child and Family Services of New Hampshire, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the United States Attorney’s Office for the District of New Hampshire.
The case is being prosecuted by Assistant U.S. Attorney Arnold Huftalen and District of New Hampshire and Trial Attorney Vasantha Rao of the Civil Rights Division’s Human Trafficking Prosecution Unit.
New Hampshire Man Pleads Guilty to Sex Trafficking of A MinorRead the Press Release
CONCORD, NH– Steven Tucker, 31, of New Hampshire, pleaded guilty in the District of New Hampshire today to one count of sex trafficking of a minor.
According to the plea agreement, from 2013 to 2014, the defendant recruited a minor victim to engage in commercial sex acts, provided a location for the commercial sex acts, arranged her transportation to perform commercial sex acts, paid for internet advertisements for the commercial sex acts, and collected a portion of the cash proceeds from the minor’s commercial sex acts.
“Sex trafficking is a heinous crime that often times preys on the youngest and most vulnerable members of our society,” said Acting Assistant Attorney General John Gore. “Combatting sex trafficking is one of the highest priorities of the Department of Justice, and we will continue to hold traffickers accountable and to seek justice on behalf of sex trafficking victims.”
“The United States Attorney’s Office in New Hampshire is committed to working closely with our law enforcement partners to combat human trafficking,” said Acting U.S. Attorney John J. Farley. “I am proud of the work that the members of the New Hampshire Human Trafficking Collaborative Task Force do each day to combat the scourge of human trafficking using a multidisciplinary approach. This successful prosecution is an example of the Task Force’s ongoing efforts to seek justice for victims of sex trafficking crimes.”
Tucker was charged in a three-count indictment returned on January 25, 2016 with sex trafficking of a minor, operation of a prostitution enterprise, and maintaining a drug-involved premises. He faces a possible sentence of 10 years to life in prison. The sentencing is scheduled for January 5, 2018. As part of the plea agreement, Tucker will also be ordered to pay restitution to the minor victim, in an amount to be determined at the time of sentencing.
This prosecution is the result of the joint investigation by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Manchester Police Department, the New Hampshire Human Trafficking Collaborative Task Force, the U.S. Attorney’s Office for the District of New Hampshire and the Civil Rights Division’s Human Trafficking Prosecution Unit.
The Task Force is funded by a grant from the United States Department of Justice. Its goals are to ensure that comprehensive and specialized services are made available to victims of human trafficking through a multidisciplinary and collaborative approach, and that perpetrators of sex trafficking and forced labor are investigated and prosecuted.
The core team members of the Task Force are the Manchester Police Department, Child and Family Services of New Hampshire, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the United States Attorney’s Office for the District of New Hampshire.
The case is being prosecuted by Assistant U.S. Attorney Arnold Huftalen and District of New Hampshire and Trial Attorney Vasantha Rao of the Civil Rights Division’s Human Trafficking Prosecution Unit.
# # #
Native of Mexico Charged with Illegal Reentry After DeportationRead the Press Release
Abel Montero-Mendoza, 32, of Oxford, PA, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about November 3, 2014, Montero-Mendoza, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about September 17, 2005 and June 15, 2010.
If convicted the defendant faces a maximum possible sentence of twenty years.
The case was investigated by the Department of Homeland Security, Immigration and Customs Enforcement, and is being prosecuted by Assistant United States Attorney Bea Witzleben.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Native of Guatemala Charged with Illegal Reentry After DeportationRead the Press Release
Deodoro Suchite-Garcia, a/k/a “Teodoro Susachete-Garcia,” of Philadelphia, PA, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about August 25, 2017, Suchite-Garcia, an alien, and native and citizen of Guatemala, was found in the United States after having been deported from the United States on or about February 2, 2011, April 29, 2011, December 17, 2014, March 24, 2015, June 3, 2016, and July 22, 2016.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Melanie B. Wilmoth.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Native of Dominican Republic Charged with Illegal Reentry After DeportationRead the Press Release
Ricardo Medrano Damas, a/k/a "Ricardo Medrano Damaso," a/k/a "Armando Villalongo-
Reyes," of the Dominican Republic, was charged today by Indictment with illegal reentry after
deportation, announced Acting united states Attomey Louis D. Lappen. The indictment alleges
that on or about August 28,2017, Medrano Damas, an alien, and native and citizen of the
Dominican Republic, was found in the United States after having been deported from the United
States on or about May 30, 2003, December 1, 2010, April 4,2012, and June 21, 2016.
If convicted the defendant faces a maximum possible sentence of twenty years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and
Removal Operations ("ERO"), and is being prosecuted by Assistant United States Attomey Paul
Gray.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is
presumed innocent unless and until proven guilty.Narcotics Raid Leads to Convicted Felon Being Sentenced in Federal Court for the Illegal Possession of a Loaded Machine GunRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that United States District Court Judge William H. Steele sentenced Derrick Lashawn Ward on September 26, 2017 to serve a term of imprisonment of 46 months followed by 3 years of supervised release for illegally possessing a Masterpiece, .9 mm machine gun, with a loaded 30 round magazine. The defendant possessed the weapon in Grand Bay, Alabama on February 17, 2017 in violation of 18 USC § 922(g)(1). The defendant entered a guilty plea before the Court on June 16, 2017.
On the date of incident, Deputies of the Mobile County Sheriff’s Office, Narcotics Unit executed a search warrant at the defendant’s residence based on narcotics activity that had occurred at the location. During the search of the residence, investigators located the loaded firearm in the defendant’s bedroom, along with crack cocaine and drug paraphernalia.
This case was investigated by the Federal Bureau of Investigation (FBI), and the Mobile County Sheriff’s Office, Narcotics Unit. The case was prosecuted by Assistant United States Attorney Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama.
Moore County Man Charged in Fourteen-Count Dogfighting IndictmentRead the Press Release
Today a federal magistrate judge unsealed a superseding indictment charging Brexton Redell Lloyd, 54, of Eagle Springs, with one count of conspiracy and thirteen counts of violating the animal fighting prohibitions of the federal Animal Welfare Act, announced Acting United States Attorney Sandra J. Hairston for the Middle District of North Carolina, and Acting Assistant Attorney General Jeffrey H. Wood for the Department of Justice’s Environment and Natural Resources Division.
The charges returned today pertain to pit bull-type dogs allegedly kept by Lloyd at his residence in Eagle Springs. The Defendant allegedly possessed and trained the dogs for fighting ventures and conspiring to commit these acts throughout the United States. The dogs were seized by federal authorities in a search warrant executed in March 2017.
This case is part of Operation Grand Champion, a coordinated effort across numerous federal judicial districts to combat organized dog fighting. The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog-fighting “victories.” To date, approximately one hundred dogs have been rescued as part of Operation Grand Champion, and either surrendered or forfeited to the government.
The federal Animal Welfare Act makes it a felony punishable by up to five years in prison to knowingly sell, buy, possess, train, transport, deliver, or receive any animal, including dogs, for purposes of having the animal participate in an animal fighting venture. Under federal law, an animal fighting venture means “any event, in or affecting interstate or foreign commerce, that involves a fight conducted or to be conducted between at least two animals for purposes of sport, wagering, or entertainment.”
This part of Operation Grand Champion was investigated by the United States Department of Agriculture, Office of the Inspector General and the Federal Bureau of Investigation, in coordination with the Department of Justice, with assistance from the North Carolina State Highway Patrol and the Moore County Sheriff’s Office.
The government is represented by Assistant United States Attorney JoAnna G. McFadden of the Middle District of North Carolina and Trial Attorney Erica Pencak of the Justice Department’s Environmental Crimes Section, Environment and Natural Resources Division. The Humane Society of the United States assisted with the care of the dogs seized by federal law enforcement.
An indictment is an allegation based upon a finding of probable cause by a grand jury. A defendant is presumed innocent unless and until convicted.
If convicted, the defendant faces up to five years in prison and a $250,000 fine per count. The investigation is ongoing.
Moore County Man Charged in Fourteen-Count Dogfighting IndictmentRead the Press Release
WASHINGTON -- Today a federal magistrate judge unsealed a superseding indictment charging Brexton Redell Lloyd, 54, of Eagle Springs, with one count of conspiracy and thirteen counts of violating the animal fighting prohibitions of the federal Animal Welfare Act, announced Acting United States Attorney Sandra J. Hairston for the Middle District of North Carolina, and Acting Assistant Attorney General Jeffrey H. Wood for the Department of Justice’s Environment and Natural Resources Division.
The charges returned today pertain to pit bull-type dogs allegedly kept by Lloyd at his residence in Eagle Springs. The Defendant allegedly possessed and trained the dogs for fighting ventures and conspiring to commit these acts in the Middle District of North Carolina and elsewhere throughout the United States. The dogs were seized by federal authorities in a search warrant executed in March 2017.
This case is part of Operation Grand Champion, a coordinated effort across numerous federal judicial districts to combat organized dog fighting. The phrase “Grand Champion” is used by dog fighters to refer to a dog with more than five dog-fighting “victories.” To date, approximately one hundred dogs have been rescued as part of Operation Grand Champion, and either surrendered or forfeited to the government.
The federal Animal Welfare Act makes it a felony punishable by up to five years in prison to knowingly sell, buy, possess, train, transport, deliver, or receive any animal, including dogs, for purposes of having the animal participate in an animal fighting venture. Under federal law, an animal fighting venture means “any event, in or affecting interstate or foreign commerce, that involves a fight conducted or to be conducted between at least two animals for purposes of sport, wagering, or entertainment.”
This part of Operation Grand Champion was investigated by the United States Department of Agriculture, Office of the Inspector General and the Federal Bureau of Investigation, in coordination with the Department of Justice, with assistance from the North Carolina State Highway Patrol and the Moore County Sheriff’s Office.
The government is represented by Assistant United States Attorney JoAnna G. McFadden of the Middle District of North Carolina and Trial Attorney Erica Pencak of the Justice Department’s Environmental Crimes Section, Environment and Natural Resources Division. The Humane Society of the United States assisted with the care of the dogs seized by federal law enforcement.
An indictment is an allegation based upon a finding of probable cause by a grand jury. A defendant is presumed innocent unless and until convicted.
If convicted, the defendant faces up to five years in prison and a $250,000 fine per count. The investigation is ongoing.
# # #
Monongalia County woman pleads guilty to drug distribution chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Dellslow, West Virginia woman has admitted to a drug distribution charge, Acting United States Attorney Betsy Steinfeld Jividen announced.
Hollie Jo Exline, age 22, pled guilty to one count of “Unlawful Use of Communication Facility.” Exline admitted to using a phone to distribute and assist in a conspiracy to distribute oxycodone. The crime occurred in Monongalia County in February 2017.
Exline faces up to four years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Moldovan Man Sentenced for Illegal Transportation of AlienRead the Press Release
SYRACUSE, NEW YORK – Constantin Chiriac, age 42, and a citizen of Moldova, was sentenced today to time served (128 days in jail) for transporting an alien within the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
Chiriac pled guilty on July 17, 2017. He admitted that on May 23, 2017, while on the Akwesasne reservation near Hogansburg, New York, he picked up a Hungarian citizen who had just crossed the border illegally from Canada. Chiriac was driving the Hungarian citizen away from the border area when Border Patrol Agents stopped him. Chiriac admitted that he intended to transport the Hungarian citizen away from the border area and to Brooklyn, New York. At the time of his crime, Chiriac was in the United States on a visitor (tourist) visa. Co-defendant Kanento Boots was convicted of the same charge and sentenced to time served (111 days in jail) on September 11, 2017.
The smuggled Hungarian citizen, Zsolt Mihaly, pled guilty on June 6 to illegal entry into the United States, a misdemeanor, and was sentenced to 36 days in jail.
Following his sentence, Chiriac was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Midwest City Woman Sentenced to 33 Months in Federal Prison for Embezzling over $600,000 from Local EmployerRead the Press Release
Oklahoma City, Oklahoma – TAMI LEE JOHNSON, of Midwest City, Oklahoma, formerly known as Tami L. Davis, was sentenced to 33 months in federal prison today for check forgery, in connection with $624,265.01 of embezzlement from a local real estate management company, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
On April 25, 2017, Johnson was charged by information with one count of forging a security. From January 2012 until August 2015, she was the bookkeeper and office manager at Edmond real estate management company Worx Property Management. As part of her job, she had access to her employer’s bank accounts. On May 23, 2017, she pled guilty to preparing an unauthorized company check to herself in February 2014 in the amount of $2,226.00. She admitted that she did not have her employer’s permission to issue the check and that she forged the signature of her boss and then cashed the check for herself. As part of her plea, Johnson admitted that she embezzled funds from her former employer from January 2012 through August 2015 and that the total loss to the real estate management company from her embezzlement scheme was $624,265.01.
At sentencing today, United States District Court Judge Robin J. Cauthron sentenced Johnson to 33 months in prison and three years of supervised release. She was also ordered to pay $622,765.01 in restitution to the victim. Reference is made to the information and other public filings for further information.
This case is the result of an investigation by the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney K. McKenzie Anderson.
Middlesex County, New Jersey, Man Charged in Hacking and Illegal Wiretapping SchemeRead the Press Release
TRENTON, N.J. – A Middlesex County, New Jersey, man was arrested today for alleged computer hacking and wiretapping of his former company’s email server, Acting U.S. Attorney William E. Fitzpatrick announced.
Jian Yang Zhang, a/k/a “Kevin Zhang,” 37, of Edison, New Jersey, is charged complaint with one count of unauthorized access of a protected computer and one count of interception of electronic communications. He is scheduled to appear later today before U.S. Magistrate Judge Tonianne J. Bongiovanni in Trenton federal court.
According to documents filed in this case and statements made in court:
Zhang and his family were part owners of a New Jersey-based company (Company 1) that imported and supplied products to dollar stores, discount stores, and wholesalers across the United States. After a dispute among the owners in 2015 Zhang and his family agreed to sell their interest in Company 1 to the other owners. While negotiating the buyout, Zhang, who served as the email administrator for the company, created a hidden sub-user account within the Company 1 email server account. When Zhang left Company 1 in February 2015, he provided the login credentials for the email server to the remaining owners, who then changed the password. However, Zhang did not disclose that he had created the hidden sub-user account. On numerous occasions over the next 14 months, Zhang accessed the Company 1 email server without authorization and set various employee email accounts to forward to outside email accounts that he controlled.
Both charges carry a maximum potential penalty of five years in prison and a fine of $250,000 or twice the gross gain or loss from the offense.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher, Newark Division, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorney Sarah M. Wolfe of the U.S. Attorney’s Office Criminal Division in Trenton.
MS-13 Member Pleads Guilty to RICO Conspiracy Involving Attempted MurderRead the Press Release
BOSTON – A member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique in Chelsea, Mass., pleaded guilty today in federal court in Boston to RICO conspiracy involving the attempted murder of a rival gang member.
Domingo Tizol, a/k/a “Chapin,” 23, a Guatemalan national who resided in Chelsea, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy, and admitted responsibility for the attempted murder of a rival 18th Street gang member in Chelsea in May 2015. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Jan. 4, 2018. Tizol is the 17th defendant to plead guilty in this case.
On May 26, 2015, Tizol and, allegedly, Bryan Galicia-Barillas, a/k/a “Chucky,” another MS-13 member, repeatedly stabbed an 18th Street gang member on Bellingham Street in Chelsea. The victim survived the attack.
After a three-year investigation, Tizol was one of 61 defendants named in a January 2016 superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. According to court documents, MS-13 was identified as a violent transnational criminal organization whose branches or “cliques” operate throughout the United States, including in Massachusetts. MS-13 members are required to commit acts of violence to maintain membership and discipline within the group. Specifically, MS-13 members are required to attack and murder gang rivals whenever possible.
The RICO conspiracy charge provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. According to the terms of the plea agreement, the parties will recommend that Tizol be sentenced to 10 years in prison. Tizol will also be subject to deportation upon the 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief Joseph Cafarelli; and Somerville Police Chief David Fallon made the announcement.
The details contained in the charging documents are allegations and the remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
MS-13 East Coast Program Leader Charged with RICO ConspiracyRead the Press Release
BOSTON – The alleged leader of the MS-13’s East Coast Program was charged in an indictment unsealed today in federal court in Boston in connection with his role as one of the El Salvador-based leaders of MS-13’s East Coast Program.
Edwin Manica Flores, a/k/a “Sugar,” a/k/a “Chugar,” a/k/a “Shugar,” 35, of El Salvador and Everett, Mass., was indicted on conspiracy to conduct enterprise affairs through a pattern of racketeering activity, commonly referred to as RICO conspiracy. Manica Flores is allegedly a member of MS-13’s Everett Loco Salvatrucha clique and one of the El Salvador-based leaders of MS-13’s East Coast Program. The charges are the result of an ongoing investigation into the criminal activities of leaders, members, and associates of the criminal organization La Mara Salvatrucha, or “MS-13.”
According to court documents, MS-13’s East Coast Program included so-called MS-13 “cliques” in Boston, Mass.; Houston, Texas; Columbus, Ohio; New Jersey, Virginia, Maryland and North Carolina. The East Coast Program, like other MS-13 programs, is alleged to have an organizational structure established by MS-13’s incarcerated leadership in El Salvador to facilitate the communication of orders and information from MS-13 leadership to cliques operating in the U.S. and to facilitate the transfer of money from cliques to MS-13 leadership in El Salvador.
In December 2015, while he was in El Salvador, Manica Flores was secretly recorded by law enforcement during a conference call with the U.S.-based leaders of MS-13’s East Coast Program who were attending a leadership meeting in Richmond, Va. During that meeting, which included East Coast Program leaders from Boston, Mass.; Houston, Texas; Maryland; Columbus, Ohio; and Virginia, Manica Flores allegedly provided direction to the group on behalf of MS-13 leadership in El Salvador about working together in a united fashion, recruiting new members and making money to send to MS-13 leadership in El Salvador.
It is further alleged that most of the MS-13 cliques in Massachusetts, including the Everett Loco Salvatrucha; Molinos Loco Salvatrucha; East Boston Loco Salvatrucha; Trece Loco Salvatrucha; and Enfermos Criminales Salvatrucha, belonged to MS-13’s East Coast Program, and that these cliques worked both independently and cooperatively to engage in criminal activity. Such activity included drug distribution, robbery, and extortion, to obtain money for themselves and for MS-13 leadership in El Salvador, and to assist one another in avoiding detection by law enforcement. The indictment alleges that these cliques held meetings to collect dues from individual MS-13 members, a portion of which was then transmitted back to MS-13 leadership in El Salvador, usually by wire transfer.
The charge of RICO conspiracy provides a sentence of no greater than 20 years in prison; three years of supervised release; and a fine of $250,000. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Commissioner Thomas Truco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief Joseph Cafarelli; and Somerville Police Chief David Fallon, made the announcement.
The details contained in the charging documents are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Longmont Man Sentenced for Conspiracy to Defraud the United StatesRead the Press Release
DENVER – Jerald S. Williams, age 73, of Longmont, Colorado was sentenced by U.S. District Court Judge Wiley Y. Daniel to serve 60 months in federal prison for conspiracy to defraud the United States, the United States Attorney’s Office and IRS-Criminal Investigation announced. Following his sentence, Williams was ordered to serve 3 years of supervised release. He was also ordered by Judge Daniel to pay restitution in the amount of $427,581 to the IRS. Williams was indicted by a federal grand jury on August 10, 2016 and pled guilty on June 20, 2017. He was sentenced on September 19, 2017.
According to the indictment and plea agreement, Williams, with others known and unknown to the grand jury, generated substantial income from the interstate transportation and distribution of controlled substances, specifically marijuana and cocaine. Williams and co-conspirators E.G. worked to conceal this income by structuring cash deposits into the Colorado Fire Service business bank account, which Williams controlled. Between January 2010 and July 2014, Williams and E.G. conducted structured deposits into various bank accounts totaling approximately $858,495 to avoid the banks filing currency transaction reports.
Williams and E.G. used the deposited funds to purchase assets with cashier’s checks, including a house in Tucson, Arizona, along with a pool and other improvements for the house, and a recreational vehicle and trailer. Williams also paid for personal expenditures such as vacations, jewelry and travel with cash. Many of these transactions were conducted through Williams’ business, Colorado Fire Services, in order to conceal the receipt and expenditure of income. Williams filed federal income tax returns for the 2010 through 2013 tax years, knowing these tax returns did not reflect all of the income Williams earned in each tax year.
Additionally, when served with a grand jury subpoena for records related to Colorado Fire Service in 2014, Williams obstructed the grand jury by concealing and failing to produce records in his possession regarding Colorado Fire Services.
“All income is taxable whether the source is legal or illegal,” said Steven Osborne, Special Agent in Charge, IRS Criminal Investigation, Denver Field Office. “This sentence is a direct result of the combined efforts of the U.S. Attorney’s Office and IRS – Criminal Investigation in combating violations of Federal law and serves as a deterrent to those who might contemplate similar fraudulent actions."
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Longmont Police Department. The case was prosecuted by Assistant U.S. Attorney Tim R. Neff.
Long Island Convenience Store Owner and Clerks Arrested for Drug TraffickingRead the Press Release
A four-count indictment was unsealed today in federal court in Central Islip, New York, charging Osman Ak, Murat Ak and Mehmet Akpinar, with drug trafficking conspiracy and substantive acts of drug trafficking in connection with their sale of controlled substances from 2013 through 2015 at Eyup Gas & Convenience Store, Inc. d/b/a VS Food Mart, in Medford, New York, owned by Osman Ak. The defendants were arrested this morning and their initial appearances are scheduled for this afternoon before United States Magistrate Judge Steven I. Locke.
The charges were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division, and George Beach, Superintendent, New York State Police (NYSP).
“As alleged, the defendants sold K2 over the counter of a convenience store, putting the community at risk to the dangers associated with this synthetic hallucinogen and its unpredictable side-effects,” stated Acting United States Attorney Rohde. “This Office and our law enforcement partners will work tirelessly to hold traffickers like the Aks and Akpinar accountable for their actions, which threaten public safety.”
Ms. Rohde extended her grateful appreciation to the DEA and the NYSP for their assistance in this case.
“Known on the streets as K2 or synthetic marijuana, this dangerous drug can cause brain damage, hallucinations, seizures and death,” stated Special Agent-in-Charge Hunt. “Parents should be forewarned that synthetic cannabinoid traffickers package their poison to resemble legal goods, which in this case, it is alleged that the defendants brazenly peddled to users in their convenience store.”
“The strong partnership the State Police has with both federal and local law enforcement agencies is key to combatting the distribution of illegal synthetic drugs in New York State,” stated NYSP Superintendent Beach. “These drugs are lethal with unpredictable side effects, yet are marketed and sold as apparently legal substances in colorful packages that appeal to young people. As these arrests show, New York State and its law enforcement partners do not tolerate those who seek to traffic illicit and harmful synthetic drugs.”
If convicted, the defendants face up to 20 years’ imprisonment on the drug trafficking conspiracy charge, as well as on the drug trafficking charges. The United States is also pursuing forfeiture of the convenience store where the alleged activity took place.
An indictment is merely an allegation, and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Charles P. Kelly and Madeline O’Connor are in charge of the prosecution.
The Defendant:
OSMAN AK
Holbrook, New York
Age: 45MURAT AK
Holbrook, New York
Age: 35MEHMET AKPINAR
Nesconset, New York
Age: 51E.D.N.Y. Docket No. 17-CR-527 ( DRH )
Leader of Scranton Drug Ring Sentenced to 8 Years in Prison for Heroin and Cocaine TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on September 27, 2017, United States District Court Judge Malachy E. Mannion sentenced Jeffrey Guzman, age 26, of Scranton, Pennsylvania, to 96 months’ imprisonment for being the head of a heroin and cocaine trafficking organization that operated from late 2015 until April 2016.
According to United States Attorney Bruce D. Brandler, Guzman pleaded guilty to conspiring to distribute in excess of 100 grams of heroin, 40 grams of crack cocaine, as well as additional amounts of fentanyl, cocaine base and marijuana. This amount of controlled substances equates to more than 30,000 individual doses. Additionally, Guzman possessed two loaded firearms, a .380 semi-automatic pistol and a 9mm handgun, in furtherance of his drug trafficking activity.
Guzman was indicted by a grand jury on April 12, 2016, and a superseding indictment was filed on October 25, 2016. Guzman pleaded guilty pursuant to a written plea agreement on May 26, 2017.
The federal investigation was conducted by the Drug Enforcement Administration, the Scranton and Wilkes-Barre Police Departments, the Pennsylvania State Police, and the Federal Bureau of Investigation. Assistant U.S. Attorneys Evan Gotlob and Sean Camoni prosecuted the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
# # #
Lawsuit Filed Against Defense Contractors over Alleged False ClaimRead the Press Release
PHILADELPHIA – The United States filed a civil fraud lawsuit today against Babu (Bob) Metgud and Shubhada (Sue) Kalyani, of Moorestown, New Jersey, and four companies, Shubhada Industries, d/b/a Shubhada, Inc., Metcon Aerospace & Defense, d/b/a Metcon Industries, NRI Capital Corporation, and The Innovation Technology & Enterprise Development Center, Inc. The complaint, announced by Acting United States Attorney Louis D. Lappen, alleges that the defendants engaged in a scheme to overcharge the military for spare vehicle parts.
According to the complaint, Shubhada Industries described itself as a manufacturer to the Defense Logistics Agency and agreed to manufacture two light assemblies, a type of turn signal for munitions vehicles. But instead of manufacturing these assemblies, Shubhada Industries allegedly purchased them from someone else for $1,351.62, charged the military $73,842.00 for the same items—a 5400 percent markup—and pocketed the difference. The complaint alleges that when the government asked Metgud about the price, he made false statements describing Shubhada Industries’ non-existent manufacturing process and encouraged the military to buy more of the items. Kalyani likewise allegedly made false statements to conceal the company’s actual role as a dealer instead of a manufacturer.
The complaint additionally names as defendants Metcon Industries, the entity through which Metgud purchased the light assemblies, and two other alleged alter egos of Shubhada Industries.
“This case is another example of the commitment of our office to hold accountable those who cheat the government by charging excessive fees for their products,” said Acting United States Attorney Louis D. Lappen. “We will continue to use our resources to ensure that those who do business with the government are truthful and transparent in their dealings and treat our taxpayers fairly.”
The United States filed the lawsuit under the False Claims Act. Under the False Claims Act, a person who causes false or fraudulent claims to be submitted to the government for payment is liable for three times the government’s damages, plus civil penalties for each false claim. The complaint contains allegations only, and not findings of liability.
The allegations arose from an investigation led by the United States Department of Defense, Defense Criminal Investigative Service. Assistant United States Attorney Michael S. Macko handles the matter.
Law School Dropout Arrested for Impersonating New York Attorney and Defrauding Clients Who Paid for Immigration ServicesRead the Press Release
LOS ANGELES – A Lynwood woman who dropped out of law school – but who later allegedly stole the identity and bar license number of a New York attorney – surrendered herself last night on federal charges that accuse her of filing immigration petitions on behalf of foreign nationals who believed she was a legitimate lawyer.
Jessica Godoy Ramos, 36, was taken into custody pursuant to a criminal complaint that charges her with mail fraud and aggravated identity theft. Ramos is expected to make her initial appearance this afternoon in United States District Court.
According to the criminal complaint, Ramos accepted thousands of dollars from several dozen aliens who sought her services in an attempt to obtain legal status in the United States. The complaint affidavit alleges that Ramos filed immigration petitions on the behalf of some aliens, but in other cases she never performed any services for her clients. In at least one instance, Ramos created counterfeit immigration parole documents which a client was able to use to enter the United States.
According to the complaint, Ramos’ clients initially believed she was a legitimate immigration attorney, but several became suspicious when Ramos directed them to appear at U.S. Citizenship and Immigration Services (USCIS) offices for interviews – but they did not have any scheduled appointments.
“The crimes alleged in this case victimized dozens of immigrants who were attempting to realize the American dream by paying someone they thought was a lawyer,” said Acting United States Attorney Sandra R. Brown. “This type of scam, which unfortunately targets new immigrants too often, undermines our immigration system and can shatter dreams of obtaining legal status to remain in the United States.”
"Unscrupulous immigration practitioners not only exploit the trust of their often-unwitting victims, but by filing fraudulent immigration applications they create a security vulnerability and potentially rob deserving immigrants of benefits they rightfully deserve,” said Joseph Macias, Special Agent in Charge for U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Los Angeles. “As these charges makes clear, HSI, in collaboration with its federal partners, is committed to targeting such scams and ensuring that those responsible are held accountable.”
Federal authorities began investigating Ramos in February after the HSI-led Document and Benefit Fraud Task Force received a tip from USCIS about five of Ramos’ clients who went to USCIS offices in downtown Los Angeles expecting to pick up their non-existent “Green Cards.”
“People who wish to file for benefits with U.S. Citizenship and Immigration Services have a right to proper representation,” said USCIS Los Angeles District Director Donna Campagnolo. “This case is a good example of all agencies involved working together to ensure that the integrity of the program is preserved and individuals are able to retain proper representation to aide them through the process.”
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
If she were to be convicted, Ramos would face a statutory maximum penalty of 20 years in federal prison for the mail fraud count and a mandatory consecutive sentence of two years for the aggravated identity theft charge.
During the investigation into Ramos, HSI received substantial assistance from USCIS’ Fraud Detection and National Security Directorate and the San Gabriel Police Department.
This case is being prosecuted by Assistant United States Attorney Andrew Brown of the Major Frauds Section.