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6 November 2017
Pensacola Tax Preparer Sentenced to 18 Months in Prison for Tax FraudRead the Press Release
PENSACOLA, FLORIDA – Christopher Jacob Rankins, 33, of Pensacola, Florida, was sentenced on Friday to serve 18 months in prison after pleading guilty on June 16, 2017, to twelve counts of aiding or assisting others in the preparation of false tax returns. In addition, Rankins was ordered to pay restitution to the IRS in the amount of $356,172. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
Documents introduced at the time of the guilty plea reflect that, between January 1, 2011, and May 8, 2012, while working as a tax preparer at American Tax Service in Pensacola, Florida, Rankins aided, assisted, counseled, and advised others in the preparation and presentation of fraudulent and false tax returns. The tax returns prepared by Rankins falsely represented the taxpayers’ business expenses and falsely claimed educational credits which resulted in taxpayers receiving approximately $356,172 in refunds and credits that the taxpayers were not entitled to receive.
The case resulted from the investigation by the Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney J. Ryan Love.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Pawtucket Resident Detained on ID Theft, Bank Fraud ChargesRead the Press Release
PROVIDENCE – A Pawtucket resident is detained in federal custody on charges he allegedly used stolen identities and falsified documents to open bank accounts and to secure bank financing for the lease or purchase of at least four new vehicles. Three of the vehicles allegedly ended up in the possession of the alleged leader of a fentanyl and cocaine distribution organization responsible for the distribution of hundreds of kilograms of the drugs in Rhode Island, Massachusetts and Vermont.
Donald Wicklund, 32, of Pawtucket, R.I., was arraigned today and ordered detained by U.S. District Court Magistrate Judge Patricia A. Sullivan on an indictment charging him with five counts of aggravated identity theft, five counts of fraudulent use of a social security number, three counts of conspiracy to commit bank fraud and two counts of wire fraud.
The indictment and arraignment of Donald Wicklund are announced by Acting United States Attorney Stephen G. Dambruch; Brian Deck, Resident Agent in Charge of the Providence Office of the U.S. Secret Service; and Scott E. Antolik, Special Agent in Charge of the Boston Field Office of the Social Security Administration, Office of the Inspector General/Office of Investigations.
According to court documents and information provided to the court, it is alleged that between March 31 and May 24, 2017, Wicklund used stolen personal identifying information of others, including social security numbers belonging to at least two minor children, and fraudulent documents and addresses, to secure funding for the purchase or lease of new vehicles in Johnston, Warwick and Lincoln, R.I., and in Foxboro, Mass.
According to information provided to the court, three of the vehicles secured by Wicklund were later identified by law enforcement as having been in the possession or control of Ramon Delossantos, 24, of Cumberland, RI. In court papers, Delossantos has been identified as the alleged leader of a drug trafficking organization responsible for the distribution of hundreds of kilograms of fentanyl and cocaine in Rhode Island, Massachusetts and Vermont. The drug trafficking operation was recently broken up by law enforcement during “Operation Panamera.” To date, at least 25 individuals, including Delossantos, have been arrested and ordered detained in federal custody.
According to court documents, Wicklund allegedly used stolen identities, fraudulent documents and fraudulent addresses to purchase or lease two new cars, a new pick-up truck and a three-wheel motorcycle. One of the cars, the pick-up truck and the motorcycle were later identified by law enforcement as being in the possession or control of Delossantos. The motorcycle was later shipped to the Dominican Republic. One of the cars allegedly purchased by Wicklund was later found to be registered in Texas.
It is also alleged in court documents that Wicklund used stolen personal identifying information and fraudulent documents to obtain a bank account and debit card at a Rhode Island credit Union.
According to court documents, Wicklund’s alleged criminal conduct first came to law enforcement’s attention during an investigation of Reynaldo Martinez, 25 of Central Falls. On August 15, 2017, a federal grand jury returned an indictment charging Martinez with four counts of aggravated identity theft, two counts of access fraud, and one count each of bank fraud, conspiracy to commit fraud, attempted access fraud and interstate transportation of stolen goods. It is alleged that Martinez participated in a conspiracy to use stolen personal identifying information to open or attempt to open retail store credit cards and lines of credits used to purchase tens of thousands of dollars worth of goods and services in Rhode Island and Massachusetts. Martinez is currently detained in federal custody and is awaiting trial.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The cases against Donald Wicklund and Reynaldo Martinez are being prosecuted by Assistant U.S. Attorney William J. Ferland.
Donald Wicklund’s alleged criminal activity was investigated by the United States Secret Service and the Social Security Administration, Office of the Inspector General/Office of Investigations.
Acting United States Attorney Stephen G. Dambruch thanks the U.S. Postal Inspection Service, the Rhode Island State Police, and the Warwick, Providence and Pawtucket Police Departments for their assistance in the investigation of this case.
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Owner of Florida Pharmacy Pleads Guilty in $100 Million Compounding Pharmacy Fraud Scheme; Real Properties, Cars and a 50-Foot Boat Will Be ForfeitedRead the Press Release
The president and owner of a Florida pharmacy that was at the center of a massive compounding pharmacy fraud scheme, which impacted private insurance companies, Medicare and TRICARE, pleaded guilty today for his role in the scheme. Seven other individuals have previously pleaded guilty in connection to the scheme. Various real properties, cars and a 50-foot boat will be forfeited as part of the guilty pleas.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney W. Stephen Muldrow of the Middle District of Florida, Special Agent in Charge Eric W. Sporre of the FBI’s Tampa Field Office, Special Agent in Charge Robert F. Lasky of the FBI’s Miami Field Office, Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office and Resident Agent in Charge Brooke Harris of the U.S. Defense Criminal Investigative Service’s (DCIS) Tampa Regional Office made the announcement.
Nicholas A. Borgesano Jr., 45, of New Port Richey, Florida, the president and owner of A to Z Pharmacy of New Port Richey, pleaded guilty in the Middle District of Florida to one count of conspiracy to commit health care fraud and one count of conspiracy to engage in monetary transactions involving criminally derived property. His sentencing will be scheduled before U.S. District Judge James S. Moody Jr of the Middle District of Florida.
According to admissions made as part of his plea agreement, Borgesano owned and operated numerous pharmacies and shell companies that he and his co-conspirators used to execute a fraud scheme involving prescription compounded medications. The scheme generated over $100 million in fraud proceeds, he admitted. Borgesano acquired and controlled A to Z Pharmacy in New Port Richey, Havana Pharmacy, Medplus/New Life Pharmacy and Metropolitan Pharmacy, all of Miami; and Jaimy Pharmacy and Prestige Pharmacy, both of Hialeah, Florida. He admitted using these pharmacies to cause the submission of false and fraudulent reimbursement claims for prescription compounded medications, chiefly pain creams and scar creams, to private insurance companies, Medicare and TRICARE. Borgesano admitted that he and his co-conspirators manipulated billing codes in the reimbursement claims and submitted reimbursement claims for pharmaceutical ingredients they did not have. Borgesano and his co-conspirators also paid kickbacks and bribes in exchange for prescriptions and patient identifying information used to further the scheme, including to a physician in exchange for the physician signing prescriptions for patients he never saw. Borgesano admitted using A to Z Pharmacy as the hub of his operation on behalf of all his pharmacies. He disbursed proceeds of the fraud scheme through a variety of methods, including by check and wire transfer to co-conspirators’ shell companies and through the purchase of assets, he admitted.
In addition to Borgesano, the following defendants have previously pleaded guilty to conspiracy to commit health care fraud for their roles in the scheme:
- Bradley Sirkin, 55, of Boca Raton, Florida;
- Scott P. Piccininni, 49, of Fort Lauderdale, Florida;
- Edwin Patrick Young, 49, of New Port Richey, Florida;
- Wayne M. Kreisberg, 40, of Parkland, Florida;
- Matthew N. Sterner, 48, of New Port Richey, Florida;
- Peter B. Williams, 57, of New Port Richey, Florida; and
- Joseph Degregorio, 71, of New Port Richey, Florida
The cars that will be forfeited include a 1936 Ford Deluxe, a 1964 Chevrolet Corvette convertible, a 1967 Chevrolet Camaro, a 1970 Chevrolet Monte Carlo and a 2008 Lamborghini convertible. The boat that will be forfeited is a 2009 50’7” Cigarette racing boat. The cars and boat had previously been seized. The combined equity in the real properties, cars and boat that will be forfeited is over $7.6 million. The real properties, cars and boat had been purchased with proceeds from the fraud scheme.
This case was investigated by the FBI with support from HHS-OIG and DCIS and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida. The case is being prosecuted by Senior Trial Attorney Christopher J. Hunter and Trial Attorney Timothy P. Loper of the Fraud Section.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
Owner of Newark, New Jersey, Political Fundraising and Consulting Company Pleads Guilty to Tax EvasionRead the Press Release
NEWARK, N.J. – A Newark woman today admitted evading taxes while operating her political fundraising and consulting business in 2015, Acting U.S. Attorney William E. Fitzpatrick announced.
Linda O. Jumah, 35, pleaded guilty before Chief U.S. District Judge Jose L. Linares in Newark federal court to an information charging her with one count of tax evasion. She was released on $75,000 unsecured bond.
According to documents filed in this case and statements made in court:
As owner of Elite Strategies LLC, Jumah intentionally under-reported income that she received from the business for tax year 2015 by filing a false federal personal income tax return. Jumah admitted that after sharing proceeds with a business partner, she under-reported $121,941 in income for the 2015 tax year, resulting in a tax loss of $39,633.
The tax evasion charge carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing is scheduled for Feb. 14, 2018.
Acting U.S. Attorney Fitzpatrick credited special agents of IRS – Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; and the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Jacques S. Pierre and Jihee G. Suh of the Special Prosecutions Division in Newark.
Defense counsel: Robert G. Stahl Esq., Westfield, New Jersey.
Owner of Florida Pharmacy Pleads Guilty in $100 Million Compounding Pharmacy Fraud Scheme; Real Properties, Cars and A 50-Foot Boat Will Be ForfeitedRead the Press Release
Tampa, FL – The president and owner of a Florida pharmacy that was at the center of a massive compounding pharmacy fraud scheme, which impacted private insurance companies, Medicare and TRICARE, pleaded guilty today for his role in the scheme. Seven other individuals have previously pleaded guilty in connection to the scheme. Various real properties, cars and a 50-foot boat will be forfeited as part of the guilty pleas.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney W. Stephen Muldrow of the Middle District of Florida, Special Agent in Charge Eric W. Sporre of the FBI’s Tampa Field Office, Special Agent in Charge Robert F. Lasky of the FBI’s Miami Field Office, Special Agent in Charge Shimon Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office and Resident Agent in Charge Brooke Harris of the U.S. Defense Criminal Investigative Service’s (DCIS) Tampa Regional Office made the announcement.
Nicholas A. Borgesano Jr., 45, of New Port Richey, Florida, the president and owner of A to Z Pharmacy of New Port Richey, pleaded guilty in the Middle District of Florida to one count of conspiracy to commit health care fraud and one count of conspiracy to engage in monetary transactions involving criminally derived property. His sentencing will be scheduled before U.S. District Judge James S. Moody Jr of the Middle District of Florida.
According to admissions made as part of his plea agreement, Borgesano owned and operated numerous pharmacies and shell companies that he and his co-conspirators used to execute a fraud scheme involving prescription compounded medications. The scheme generated over $100 million in fraud proceeds, he admitted. Borgesano acquired and controlled A to Z Pharmacy in New Port Richey, Havana Pharmacy, Medplus/New Life Pharmacy and Metropolitan Pharmacy, all of Miami; and Jaimy Pharmacy and Prestige Pharmacy, both of Hialeah, Florida. He admitted using these pharmacies to cause the submission of false and fraudulent reimbursement claims for prescription compounded medications, chiefly pain creams and scar creams, to private insurance companies, Medicare and TRICARE. Borgesano admitted that he and his co-conspirators manipulated billing codes in the reimbursement claims and submitted reimbursement claims for pharmaceutical ingredients they did not have. Borgesano and his co-conspirators also paid kickbacks and bribes in exchange for prescriptions and patient identifying information used to further the scheme, including to a physician in exchange for the physician signing prescriptions for patients he never saw. Borgesano admitted using A to Z Pharmacy as the hub of his operation on behalf of all his pharmacies. He disbursed proceeds of the fraud scheme through a variety of methods, including by check and wire transfer to co-conspirators’ shell companies and through the purchase of assets, he admitted.
In addition to Borgesano, the following defendants have previously pleaded guilty to conspiracy to commit health care fraud for their roles in the scheme:
- Bradley Sirkin, 55, of Boca Raton, Florida;
- Scott P. Piccininni, 49, of Fort Lauderdale, Florida;
- Edwin Patrick Young, 49, of New Port Richey, Florida;
- Wayne M. Kreisberg, 40, of Parkland, Florida;
- Matthew N. Sterner, 48, of New Port Richey, Florida;
- Peter B. Williams, 57, of New Port Richey, Florida; and
- Joseph Degregorio, 71, of New Port Richey, Florida
The cars that will be forfeited include a 1936 Ford Deluxe, a 1964 Chevrolet Corvette convertible, a 1967 Chevrolet Camaro, a 1970 Chevrolet Monte Carlo and a 2008 Lamborghini convertible. The boat that will be forfeited is a 2009 50’7” Cigarette racing boat. The cars and boat had previously been seized. The combined equity in the real properties, cars and boat that will be forfeited is over $7.6 million. The real properties, cars and boat had been purchased with proceeds from the fraud scheme.
This case was investigated by the FBI with support from HHS-OIG and DCIS and was brought as part of the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Middle District of Florida. The case is being prosecuted by Senior Trial Attorney Christopher J. Hunter and Trial Attorney Timothy P. Loper of the Fraud Section.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
Norridgewock Man Pleads Guilty to Gun and Ammunition ChargesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Vance Cayford, 46, of Norridgewock, Maine pleaded guilty Friday in U.S. District Court to being a felon in possession of ammunition and attempted possession of a firearm.
According to court records, on May 29, 2016, police officers went to the defendant’s Norridgewock residence to investigate a domestic disturbance. Soon after they arrived, the defendant ran towards one of the officers and attempted unsuccessfully to take the officer’s rifle. During a search of Cayford’s residence, officers recovered 92 rounds of .45-caliber ammunition. The defendant was prohibited from possessing ammunition and firearms because of previous Maine felony convictions for domestic violence assault and illegal possession of a firearm.
Cayford faces up to 10 years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Maine State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
New York Man Admits Role in Stolen Identity Refund Fraud SchemeRead the Press Release
NEWARK, N.J. – A Bronx, New York, man today admitted his role in an extensive scheme to obtain money through fraudulently obtained refund checks issued by the U.S. Treasury, Acting U.S. Attorney William E. Fitzpatrick announced.
Hector Urena pleaded guilty before U.S. District Judge John Michael Vazquez in Newark federal court to an information charging him with one count each of conspiracy to steal government funds, theft of government funds, and aggravated identity theft (Count Three).
According to documents filed in this case and statements made in court:
Stolen Identity Refund Fraud (SIRF) is a common type of fraud committed against the United States government that involves the use of stolen identities to commit tax refund fraud. SIRF schemes generally share a number of hallmarks. Perpetrators obtain personal identifying information, including Social Security numbers and dates of birth, from unwitting individuals, who often reside in the Commonwealth of Puerto Rico. They then complete Form 1040 tax returns using the fraudulently obtained information and falsifying wages earned, taxes withheld, and other data, always ensuring that the fraudulent tax return generates a refund. They direct the U.S. Treasury Department to mail refund checks to locations that the perpetrators control or can access. With the fraudulently obtained refund checks in hand, SIRF perpetrators generate cash proceeds by depositing the checks into bank accounts that they control or cashing the checks at check cashing businesses.
The investigation revealed that Urena and others participated in a classic SIRF scheme. Urena’s conspirators obtained stolen identities to file fraudulent Form 1040s. He and his conspirators then used false and fraudulent documents to convert treasury checks into cash or other proceeds for their own profit at a check cashing business Urena owned. From August 2013 through May 2015, the scheme caused more than $2.7 million in losses to the U.S. Treasury.
The counts of conspiracy to steal government funds is punishable by up to five years in prison. The count of theft of government funds is punishable by a maximum potential penalty of 10 years in prison. Both counts are also punishable by a fine of up to $250,000, or twice the gain or loss caused by the offense. The count of aggravated identity theft is punishable a statutory mandatory prison sentence of two years that must be served consecutively to any term of imprisonment imposed for the violation of any other count. Sentencing is scheduled for Jan. 25, 2018.
Acting U.S. Attorney Fitzpatrick credited special agents of the IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; postal inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Joseph W. Cronin; special agents of the U.S. Postal Service Office of Inspector General, under the direction of Special Agent in Charge Monica Weyler; and special agents of the U.S. Secret Service, under the direction of Special Agent in Charge Mark McKevitt; with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Elaine K. Lou of the Criminal Division in Newark.
Defense counsel: James Kousouros Esq., New York
Nassau County Man Pleads Guilty to Producing Child Pornography Using Hidden Bathroom CamerasRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces that Charles Cory Thornton (37, Yulee) has pleaded guilty to using hidden cameras in his bathroom to produce pornographic images and videos of an unsuspecting child. He faces a minimum mandatory penalty of 15 years, up to 30 years, in federal prison. A sentencing date has not yet been set.
According to court documents, on July 20, 2017, FBI agents executed a search warrant at Thornton’s residence based on suspected online child exploitation activity. When interviewed, Thornton admitted that he had been searching for child pornography online for several years, and that he was sexually attracted to children. The agents seized several cameras and other computer media from the home. Forensic analyses revealed that, from January 2007 through August 2010, Thornton produced at least 88 videos of four different children changing clothes in the bathroom of his home in Florida and the bathroom of a cabin in Virginia. Thornton surreptitiously recorded these videos using tiny cameras hidden in different spots in the bathrooms. Many of the videos captured explicit close-up footage of the children.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Monongalia County woman admits to role in oxycodone distribution ringRead the Press Release
CLARKSBURG, WEST VIRGINIA – Amanda Gifford, 26, of Morgantown, West Virginia, has admitted to her role in an oxycodone distribution operation, United States Attorney William J. Powell announced.
Gifford pled guilty to one count of “Unlawful Use of Communication Facility.” She admitted to using a telephone to help distribute oxycodone in March 2017 in Monongalia County.
Gifford faces up to four years incarceration and a fine of up to a $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 is prosecuting the case on behalf of the government. The Bureau of Alcohol, Firearms, Tobacco and Explosives, The Mountain Region Drug & Violent Crime Task Force, the Greater Harrison Drug &Violent Crime Task Force, a HIDTA-funded initiative, the West Virginia State Police, Upshur County Sheriff’s Office, Lewis County Sheriff’s Office, the Buckhannon Police Department, and the Weston Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Mission Woman Indicted on Methamphetamine ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance and Distribution of a Controlled Substance.
Meloni Ann Old Lodge, age 42, was indicted on October 17, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on November 2, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between September 1, 2015, and October 17, 2017, Old Lodge knowingly and intentionally conspired to distribute methamphetamine, a Schedule II controlled substance, in South Dakota. The Indictment also alleges that Old Lodge distributed methamphetamine in Mission on February 19, 2017.
The charges are merely accusations and Old Lodge is presumed innocent until and unless proven guilty.
This case is being investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Old Lodge was released on bond pending trial. A trial date has not been set.
Mexican National Pleads Guilty to Illegal Re-EntryRead the Press Release
Acting U.S. Duane A. Evans announced that SAUL RODRIGUEZ-AVILES, age 47, pled guilty last week to a one-count Indictment charging him with illegal reentry of a removed alien previously convicted of an aggravated felony.
According to the Indictment, RODRIGUEZ-AVILES reentered the United States after he was previously deported on July 16, 2015.
RODRIGUEZ-AVILES faces a maximum term of imprisonment of twenty years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment. U.S. District Judge Nannette Jolivette Brown set sentencing for December 28, 2017.
Acting U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Mexican National Charged with Illegal Use of a Social Security NumberRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that ERNESTO CONTRERAS-REYES, age 42, a citizen of Mexico was charged last Friday in a one-count Indictment for illegal use of a Social Security Number in violation of 42 United States Code, Section 408(a)(7)(B).
CONTRERAS-REYES faces a maximum term of imprisonment of not more than five (5) years, a fine of $250,000, and a mandatory special assessment of $100. Additionally, CONTRERAS-REYES is subject to a period of supervised release after imprisonment of up to three years.
Acting U.S. Attorney Duane A. Evans reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Methamphetamine Distributor Sentenced to 168 Months in Federal PrisonRead the Press Release
FORT WORTH — Carlos Cortinas, 39, of Arlington, Texas, was sentenced today by U.S. District Judge Reed C. O’Connor to 168 months in federal prison for his role in a methamphetamine distribution conspiracy, announced U.S. Attorney John Parker of the Northern District of Texas.
Cortinas and David Piper, Jr., 52, were convicted following a two-day jury trial in March 2017. Both defendants were convicted on one count of conspiracy to possess with intent to distribute methamphetamine. Piper was previously sentenced to 235 months in federal prison.
Co-conspirator Chadwick Hernandez, 32, pleaded guilty in February 2017 to the same offense and was sentenced to 60 months in federal prison.
The government presented evidence at trial that beginning in March 2015 until January 20, 2016 Piper and Cortinas possessed with the intent to distribute 500 grams or more of methamphetamine. Evidence elicited at trial showed that methamphetamine distributors from Arlington, including Cortinas, transported multiple pounds of methamphetamine to Piper for re-distribution of methamphetamine in Bolivar, Missouri.
DEA Fort Worth investigated with the assistance of DEA’s Springfield and Tulsa offices, Arlington Police Department, Fort Worth Police Department, North Richland Hills Police Department, Oklahoma DPS, and Polk County, Missouri Sheriff’s Office. Assistant U.S. Attorneys Aisha Saleem and Shawn Smith prosecuted.
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Marriage Fraud Scheme Lands Final Defendant in Federal PrisonRead the Press Release
HOUSTON – A 38-year-old Houston woman has been ordered to federal prison for her role in a marriage fraud ring between Nigerian nationals and U.S. citizens, announced Acting U.S. Attorney Abe Martinez along with Special Agent in Charge Mark B. Dawson of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Houston, District Director Tony Bryson of U.S. Citizenship and Immigration Services (CIS) – District 33 and Special Agent in Charge Dax Roberson of U.S. Department of Agriculture, Office of Inspector General (OIG).
A federal jury convicted Letrishia Andrews on April 24, 2017, following a five-day trial and approximately four hours of deliberation along with Folarin H. Alabi, 35, and Justice Daniel, 42, on multiple counts to include conspiracy to commit marriage fraud, aiding/abetting marriage fraud, marriage fraud, theft of government funds and false statements.
“Obtaining citizenship through fraud threatens the integrity of our immigration system and disrespect's every person who played by the rules to achieve it,” said Dawson. “HSI special agents will continue to work with our partners to ensure that those who use criminal and immoral means to achieve the honor of becoming a United States citizen - will be brought to justice.”
Today, Chief U.S. District Judge Lee H. Rosenthal ordered Andrews to serve a total of 24 months in prison to be immediately followed by three years of supervised release. She was also ordered to pay restitution of $5,629.00 to the Department of Agriculture. The ringleader - Alabi - was previously sentenced to 18 months in prison. He and Daniel are not U.S. citizens and expected to face deportation proceedings following their release. A total of 11 defendants have been convicted in two separate, but related, cases of marriage fraud in a scheme involving Nigerian nationals and U.S. citizens. The other eight had pleaded guilty for their respective roles - Nigerian citizen Ifeoma Adamolekun, 41, and U.S. citizen Charles R. Warren, 44, in the Alabi case as well as U.S. citizens Anisha Gable, 35, Anthony Andrews, 29, Shakietha Joseph, 42, and Trevor Frenney, 42; and Nigerians Michael Nathan, 38, and Hauwa Bello, 39. They were previously sentenced to terms ranging from probation to 12 months and a day in prison. All 11 defendants had resided in Houston.
A “sham” marriage is a marriage that is entered into for the primary purpose of circumventing the immigration laws. All 11 defendants conspired together in connection with a marriage fraud ring involving arranged these “sham” marriages between recruited U.S. citizens and recruited Nigerian nationals. Evidence at trial revealed Alabi would search for and recruit Nigerian nationals at nightclubs.
The defendants would pay U.S. citizens for entering into fraudulent marriages to Nigerian nationals who had originally entered the country on tourist visas. The conspirators would then complete immigration documents and falsely submit them to CIS to obtain legal permanent resident status. As part of the conspiracy, the defendants would take staged photographs of themselves as a couple for documentation of an allegedly meaningful relationship. The conspirators also coached the recruits and/or the Nigerian nationals on what to say when questioned or interviewed by law enforcement or immigration officials about the legitimate nature of the marriages.
At trial, the government presented evidence that Alabi recruited Nigerian nationals, including Daniel, to enter into “sham” marriages with U.S. citizens to deceive immigration authorities and ultimately gain lawful permanent status in the Unites States. The evidence proved Daniel did knowingly marry Andrews, a U.S. citizen, for the for the purpose of evading any provision of the immigration laws of the United States. At the time of this conspiracy, Alabi and Daniel were citizens of Nigeria and had entered the U.S. temporarily on non-immigrant visas.
The jury also heard that Andrews submitted false SNAP applications claiming to be single, while at the same time, filing sworn immigration documents claiming to be married to Daniel.
The defense attempted to convince the jury that Andrews and Daniel had marital issues but were in a legitimate marriage despite all the documents and testimony to the contrary. The jury did not believe their claims and found them guilty as charged.
HSI, and CIS - Fraud Detection and National Security Directorate conducted the joint investigation along with Department of Agriculture - OIG. The agencies work together on the Document and Benefit Fraud Task Force which was established to combat these types of crimes in which fraudulent representations are made to multiple government agencies. Assistant U.S. Attorneys Rick Bennett and Julie Searle are prosecuting the case.
Man sentenced to more than 27 years in prison for conspiring to provide support to terrorists and soliciting the murder of a federal judgeRead the Press Release
Yahya Farooq Mohammad, 39, was sentenced today to 27 ½ years in prison for one count of conspiracy to provide and conceal material support or resources to terrorists and one count of solicitation to commit a crime of violence.
Acting Assistant Attorney General for National Security Dana J. Boente, U.S. Attorney for the Northern District of Ohio Justin E. Herdman, Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Field Division, and U.S. Marshal Peter J. Elliott of the Northern District of Ohio made the announcement. The U.S. Attorney’s Office of the Eastern District of Michigan supervised the prosecution of the solicitation to commit a crime of violence charge
“As part of his conspiracy, the defendant provided thousands of dollars to Anwar Al-Awlaki in response to his calls to support violent jihad. Once detained, the defendant also solicited the murder of the federal judge presiding over his case. With this prison sentence, he is now being held accountable for his crimes,” said Acting Assistant Attorney General Boente. “The National Security Division’s highest priority is counterterrorism and we will continue to pursue justice against those who provide material support to terrorists and those who seek to harm members of our judiciary.”
“For those who wish to harm the United States and support terrorists, whether in Yemen or right here in Toledo, these decades of prison serve as an important reminder that America’s law enforcement will pursue justice across the globe,” U.S. Attorney Herdman said. “He threatened the safety of our citizens, a judge and the independent judiciary. Now he is being held accountable.”
“The FBI is pleased that this individual will be spending a lengthy sentence behind bars for his support of terrorism and a plot to commit murder,” said Special Agent in Charge Anthony. “The FBI will continue working daily to identify and bring to justice those that want to harm the individuals that protect our country or a judge that is upholding the law.”
“Protecting the federal judiciary is our highest priority,” said U.S. Marshal Elliott. “This is an example where we were able to work with our law enforcement partners to protect a judge and bring charges against a dangerous individual.”
Mohammad is an Indian citizen who was an engineering student at Ohio State University between 2002 and 2004. He married a U.S. citizen in 2008. He and three other defendants – his brother, Ibrahim Mohammad, Asif Ahmed Salim, and Sultane Room Salim – were indicted by a federal grand jury in September 2015. The case against the remaining three defendants is pending. They have pleaded not guilty.
Mohammad admitted to conspiring with his co-defendants to travel to Yemen to provide thousands of dollars, equipment, and other assistance to Anwar Al-Awlaki, in an effort to support violent jihad against U.S. military personnel in Iraq, Afghanistan and throughout the world. Al-Awlaki was later designated as a global terrorist in 2010 and identified as a “key leader” of al-Qa’ida in the Arabian Peninsula, according to court documents.
On July 22, 2009, Mohammad travelled with two associates to Yemen to meet Awlaki and deliver the $22,000 that they had raised. Although they were unable to meet Awlaki in person, Mohammad and his associates did ensure that Awlaki received the money through a courier.
In addition to pleading guilty to conspiring to provide and conceal material support to terrorists, Mohammad also admitted to soliciting an undercover FBI employee (UCE), posing as a “hitman,” to kidnap and murder U.S. District Judge Jack Zouhary. In or about April 2016 – while the terrorism case was pending and assigned to Judge Zouhary – Mohammad told another inmate in the Lucas County Corrections Center in Toledo, Ohio that he wanted Zouhary kidnapped and murdered and that he was willing to pay $15,000 to have this carried out. The inmate provided Mohammad with the contact information for the UCE and stated that the UCE would need a $1,000 down payment before the murder could occur. The inmate also provided Mohammad with an agreed upon code to use when discussing the planned murder over the jail telephone.
On or about April 26, 2016, Mohammad called the UCE from the Lucas County Corrections Center. Using the agreed-upon code, Mohammad told the UCE he wanted to have Judge Zouhary killed. Mohammad agreed to provide the $1,000 down payment. When asked when he wanted the murder committed, Mohammad stated, “The sooner would be good, you know.” Over the ensuing days, Mohammad arranged to have a family member provide the $1,000 in cash to the UCE. On May 5, 2016, that family member met with the UCE and provided the UCE with $1,000 in cash. Mohammad later informed the inmate that the rest of the money for the murder was coming, according to court documents.
Mohammad will be deported from the U.S. upon completion of his sentence, under the terms of his plea agreement.
The case is being prosecuted by Assistant U.S. Attorneys Michael Freeman and Matthew Shepherd of the Northern District of Ohio, and Trial Attorneys Gregory Gonzalez and David Smith of the National Security Division’s Counterterrorism Section, following an investigation by the FBI.
Man Sentenced to over 27 Years for Conspiring to Provide Material Support to Terrorists and Soliciting the Murder of a Federal JudgeRead the Press Release
Yahya Farooq Mohammad, 39, was sentenced today to 27 ½ years in prison for one count of conspiracy to provide and conceal material support or resources to terrorists and one count of solicitation to commit a crime of violence.
Acting Assistant Attorney General for National Security Dana J. Boente, U.S. Attorney for the Northern District of Ohio Justin E. Herdman, Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Field Division, and U.S. Marshal Peter J. Elliott of the Northern District of Ohio made the announcement. The U.S. Attorney’s Office of the Eastern District of Michigan supervised the prosecution of the solicitation to commit a crime of violence charge
“As part of his conspiracy, the defendant provided thousands of dollars to Anwar Al-Awlaki in response to his calls to support violent jihad. Once detained, the defendant also solicited the murder of the federal judge presiding over his case. With this prison sentence, he is now being held accountable for his crimes,” said Acting Assistant Attorney General Boente. “The National Security Division’s highest priority is counterterrorism and we will continue to pursue justice against those who provide material support to terrorists and those who seek to harm members of our judiciary.”
“For those who wish to harm the United States and support terrorists, whether in Yemen, the United Arab Emirates, or right here in Toledo, these decades of prison serve as an important reminder that America’s law enforcement will pursue justice across the globe,” U.S. Attorney Herdman said. “He threatened the safety of our citizens, a judge and the independent judiciary. Now he is being held accountable.”
“The FBI is pleased that this individual will be spending a lengthy sentence behind bars for his support of terrorism and a plot to commit murder,” said Special Agent in Charge Anthony. “The FBI will continue working daily to identify and bring to justice those that want to harm the individuals that protect our country or a judge that is upholding the law.”
“Protecting the federal judiciary is our highest priority,” said U.S. Marshal Elliott. “This is an example where we were able to work with our law enforcement partners to protect a judge and bring charges against a dangerous individual.”
Mohammad is an Indian citizen who was an engineering student at Ohio State University between 2002 and 2004. He married a U.S. citizen in 2008. He and three other defendants – his brother, Ibrahim Mohammad, Asif Ahmed Salim, and Sultane Room Salim – were indicted by a federal grand jury in September 2015. The case against the remaining three defendants is pending. They have pleaded not guilty.
Mohammad admitted to conspiring with his co-defendants to travel to Yemen to provide thousands of dollars, equipment, and other assistance to Anwar Al-Awlaki, in an effort to support violent jihad against U.S. military personnel in Iraq, Afghanistan and throughout the world. Al-Awlaki was later designated as a global terrorist in 2010 and identified as a “key leader” of al-Qa’ida in the Arabian Peninsula, according to court documents.
On July 22, 2009, Mohammad travelled with two associates to Yemen to meet Awlaki and deliver the $22,000 that they had raised. Although they were unable to meet Awlaki in person, Mohammad and his associates did ensure that Awlaki received the money through a courier.
In addition to pleading guilty to conspiring to provide and conceal material support to terrorists, Mohammad also admitted to soliciting an undercover FBI employee (UCE), posing as a “hitman,” to kidnap and murder U.S. District Judge Jack Zouhary. In or about April 2016 – while the terrorism case was pending and assigned to Judge Zouhary – Mohammad told another inmate in the Lucas County Corrections Center in Toledo, Ohio that he wanted Zouhary kidnapped and murdered and that he was willing to pay $15,000 to have this carried out. The inmate provided Mohammad with the contact information for the UCE and stated that the UCE would need a $1,000 down payment before the murder could occur. The inmate also provided Mohammad with an agreed upon code to use when discussing the planned murder over the jail telephone.
On or about April 26, 2016, Mohammad called the UCE from the Lucas County Corrections Center. Using the agreed-upon code, Mohammad told the UCE he wanted to have Judge Zouhary killed. Mohammad agreed to provide the $1,000 down payment. When asked when he wanted the murder committed, Mohammad stated, “The sooner would be good, you know.” Over the ensuing days, Mohammad arranged to have a family member provide the $1,000 in cash to the UCE. On May 5, 2016, that family member met with the UCE and provided the UCE with $1,000 in cash. Mohammad later informed the inmate that the rest of the money for the murder was coming, according to court documents.
Mohammad will be deported from the U.S. upon completion of his sentence, under the terms of his plea agreement.
The case is being prosecuted by Assistant U.S. Attorneys Michael Freeman, Matthew Shepherd and Christos N. Georgalis of the Northern District of Ohio, and Trial Attorneys Gregory Gonzalez and David Smith of the National Security Division’s Counterterrorism Section, following an investigation by the FBI.
Man Sentenced for Stealing Deceased Father’s Social Security benefits for 16 yearsRead the Press Release
Special Assistant U.S. Attorney Jeffrey D. Hill (619) 546-7924
NEWS RELEASE SUMMARY – November 6, 2017
SAN DIEGO –Abel Jose Perez of San Diego was sentenced today to twelve months and one day in federal prison for stealing $271,925.60 in Social Security retirement benefits intended for his father, who had died in 1997. As Perez admitted when pleading guilty, instead of informing the Social Security Administration of his father’s death, Perez continued to take benefits that had been deposited into a bank account in his deceased parents’ names. Soon after each month’s deposit from the Social Security Administration, Perez would forge his father’s signature on a bank check made payable to himself, and divert the funds for his own personal use.
The Social Security Administration pays retirement benefits to eligible retired workers, aged 62 or better, and to their eligible dependents. Although the widow or the minor child of a deceased retiree can receive posthumous benefits, Perez, 55, admitted that in this case he knew he was not entitled to receive any of the money paid out by Social Security after his father’s death. When entering his guilty plea on May 17, 2017, Perez admitted that for over sixteen years he retained exclusive access to and controlled a bank account belonging to his deceased parents, enabling him to illegally convert over a quarter-million dollars of public money to his own use.
Acting United States Attorney Alana W. Robinson commented, “The theft of Social Security benefits is a direct attack on the most vulnerable and needy members of our community. Every dime of stolen benefits reduces the funds available to our retirees and other beneficiaries.” Acting U.S. Attorney Robinson observed that while this was the largest single Social Security theft in the Southern District of California, the office has prosecuted a significant number of such cases in the past three years. Moreover, she anticipated an increase in the office’s enforcement efforts designed to protect the public purse.
“The Social Security Administration’s Office of the Inspector General is pleased to see that this crime, which affects every individual relying on the Social Security Trust Fund for their retirement, was taken seriously and punished appropriately in this case,” said Robb Stickley, the Special Agent in Charge of the San Francisco Field Division, which is responsible for Southern California. “We hope that this sentence sends a message that it is the responsibility of every individual in our society to protect their own retirement savings, and ensure that a loved one’s death does not go unreported.”
In addition to his prison sentence and period of supervised release, Perez was ordered to repay every dollar that he stole from the Social Security Administration. At the conclusion of his sentencing hearing, Perez was remanded into custody to begin serving his prison sentence.
DEFENDANT Case Number 17-cr-01259-WQH
Abel Jose Perez San Diego, CA
SUMMARY OF CHARGES
Theft of Public Property – Title 18, U.S.C., Section 641
Maximum penalty: 10 years’ imprisonment, $250,000 fine, restitution
AGENCY
Social Security Administration’s Office of the Inspector General
Man Charged with Conspiracy to Smuggle Heroin from NigeriaRead the Press Release
NEWARK, N.J. – A Nigerian national was arrested for his role in a conspiracy to use ingested pellets to smuggle heroin from Nigeria into the United States, Acting U.S. Attorney William Fitzpatrick announced today.
Michael Awotunde, 52, of Lagos, Nigeria, is charged by complaint with one count of conspiracy to import 100 grams or more of heroin.
Awotunde was arrested at John F. Kennedy International Airport on Nov. 3, 2017. He appeared this afternoon before U.S. Magistrate Judge James B. Clark III in Newark federal court and was detained.
According to the complaint:
The FBI and Homeland Security Investigations (HSI) have been investigating a drug trafficking organization operating in Nigeria, New York, New Jersey, and elsewhere. During that investigation, law enforcement learned that the drug trafficking organization employed individuals to ingest heroin pellets and fly to the United States to deliver the drugs to other members of the organization.
On Jan. 26, 2017, one such courier, Ramota Okuleye, 64, also of Lagos, traveled from Nigeria to the United States after ingesting heroin for delivery to a confidential source (CS-1). On Jan. 27, 2017, Okuleye arrived in Newark and provided CS-1 with approximately 68 heroin pellets totaling 979 grams of heroin.
During their conversations, Okuleye explained that she primarily worked for Awotunde, but was transporting drugs for a different person. She told CS-1 to reach out to Awotunde for future transactions and provided CS-1 with a telephone number for Awotunde.
On Feb. 8, 2017, CS-1 spoke with Awotunde and the two agreed to work together in the future. On Sept. 8, 2017, Awotunde agreed to sell CS-1 heroin.
On Oct. 19, 2017, Okuleye returned to the United States after ingesting approximately 51 pellets that tested positive for heroin. She was arrested in October 2017 and charged by federal criminal complaint. Afterwards, Awotunde reached out to CS-1 and expressed concern over her arrest.
Awotunde faces a mandatory minimum penalty of five years in prison, a maximum potential penalty of 40 years in prison, and a $5 million fine.
The charges and allegations against Awotunde and Okuleye are merely accusations, and both defendants are considered innocent unless and until proven guilty.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark; U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), Newark Field Office, under the direction of Acting Special Agent in Charge Debra Parker; and U.S. Customs and Border Protection (CBP), under the direction of Acting Director of Field Operations Leon Hayward, New York Field Office, with the investigation.
The government is represented by Assistant U.S. Attorney Meredith Williams of the U.S. Attorney’s Office OCDETF/Narcotics Unit in Newark.
Defense counsel: Thomas F.X. Dunn Esq., Glen Rock, New Jersey.
Luzerne County Man Guilty of Unlawfully Possessing A Firearm as A Convicted FelonRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Robert Romasiewicz, age 25, of Exeter, Pennsylvania, pleaded guilty today before Senior U.S. District Court Judge James M. Munley, to unlawfully possessing a firearm as a convicted felon.
According to United States Attorney Bruce D. Brandler, Romasiewicz admitted to possessing a handgun in late July-early August 2017. At the time Romasiewicz possessed the handgun, he had a previous conviction for a federal drug trafficking offense.
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Francis P. Sempa is prosecuting 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.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 10 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Long Beach Psychiatrist Found Guilty of Paying $30,000 Bribe to IRS Revenue Agent Sentenced to 51 months in Federal PrisonRead the Press Release
SANTA ANA, California – A licensed psychiatrist who practices in Long Beach has been sentenced to over four years in federal prison for paying a $30,000 cash bribe to a revenue agent with the Internal Revenue Service who was auditing the man’s tax returns.
Dr. Harshad Shah, 62, of Cypress, was sentenced on Friday by United States District Judge Cormac J. Carney.
Shah was convicted of one count of bribery of a public official by a federal jury after a five-day trial in October 2016. The federal jury found that Shah paid a $30,000 cash bribe to an IRS revenue agent who had determined Shah owed $410,000 in back taxes, interest and penalties.
Prior to pronouncing the sentence on Friday, Judge Carney denied defense motions for a new trial, to dismiss the indictment, to acquit Shah, and to strike the pre-sentence report.
In denying Shah’s motion to dismiss the indictment, Judge Carney addressed the defendant’s renewed claims of entrapment, writing: “The Government played multiple recordings of Defendant’s own words at trial that demonstrated that Defendant was not induced by the Government to commit bribery. The recordings provided direct evidence that Defendant controlled the relationship with [the IRS revenue agent], initiated the bribe offer, and continued to pressure [the revenue agent] to accept the bribe despite [the revenue agent]’s reluctance and multiple reminders that this conduct was illegal.”
After imposing the 51-month prison sentence, Judge Carney remanded Shah into custody.
This case was investigated by the Treasury Inspector General for Tax Administration.
The case was prosecuted by Assistant United States Attorney Jennifer L. Waier of the Santa Ana Branch Office.
Lockport Man Pleads Guilty to Oxymorphone and Marijuana ChargesRead 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 Troy Gillon, Jr., 25, of Lockport, NY, pleaded guilty to possession with intent to distribute, and distribution of, oxymorphone, possession with intent to distribute THC and marijuana, and maintaining a drug-involved premises before U.S. District Judge Lawrence J. Vilardo. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Meghan A. Tokash, who is handling the case, stated that on three separate occasions between October 26 and November 29, 2016, the Drug Enforcement Administration conducted controlled purchases of oxymorphone from the defendant. On December 16, 2016, a federal search warrant was executed at the Gillon’s residence on Dysinger Road in Lockport. Agents recovered 95 vials and five mason jars containing marijuana, eight oxycodone tablets, 113 marijuana tablets, various marijuana chocolate chip cookies and gummy bears. In addition to the drugs, two packages of clear plastic baggies for drug distribution, a drug ledger containing drug distribution transactions, three digital scales, six cellular telephones, a Micro SD sim card, a 14-karat gold diamond bracelet, and $2,243.65 in U.S. currency. The money and bracelet were acquired as illegal drug sales proceeds. The drugs seized from the house were for distribution in the community and the defendant maintained his home as a drug premises.
The sentencing is the result of an investigation by immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.Sentencing is scheduled for February 7, 2018, at 9:00 a.m. before Judge Vilardo.
Liberty Attorney Convicted of Obstruction of Justice for Stealing Victim Restitution FundsRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Liberty, Mo., attorney was convicted in federal court today of obstruction of justice after stealing funds earmarked for victim restitution.
Robert J. Young, II, 48, of Liberty, was found guilty of one count of obstruction of justice by U.S. District Judge Beth Phillips at the conclusion of a one-day bench trial.
Young represented defendant Rodney J. Tatum, who was indicted by a federal grand jury and convicted of mail fraud in connection with the embezzlement of funds from his employer. Young obstructed justice by embezzling money that was given to him by Tatum’s family for the purpose of paying restitution in the criminal case. Young instead made numerous transfers of restitution funds into his personal bank account. Young then spent restitution funds to purchase a motorcycle for himself, to make numerous cash withdrawals, to make rent payments and to make retail purchases.
Young utilized an Interest on Lawyers Trust Account to accept four separate deposits from Tatum’s wife for the purpose of making restitution. Tatum’s wife also made one deposit into Young’s business account for restitution purposes. These checks totaled $42,412. In addition, Young advised Tatum’s wife to draft a check, made payable to Young, as the FBI was pursuing money laundering charges against Tatum and the Tatums’ joint checking account would be frozen. Young stated he would be able to protect the funds in his business account. Tatum’s wife gave Young a check for $20,000. Young had been expected to provide this total $62,412 as partial victim restitution at Tatum’s sentencing hearing on Jan. 21, 2016.
Young was not able to provide the restitution at Tatum’s sentencing hearing and falsely informed the court that the proceeds of assets sold on behalf of Tatum were in his Missouri Lawyer’s Trust Fund. The $62,412 in restitution eventually was paid after Young was relieved from the case. The sentencing hearing was continued to March 3, 2016, at which time the court ordered Tatum to pay a total of $442,810 in restitution. Tatum was sentenced to 15 months in federal prison.
Under federal statutes, Young is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Paul S. Becker. It was investigated by the FBI.
Leader of Sex Trafficking of Minors Conspiracy Sent to Prison for LifeRead the Press Release
GALVESTON, Texas – The 40-year-old Galveston man who led a sex trafficking ring has been ordered to federal prison, announced Acting U.S. Attorney Abe Martinez. A jury sitting in Galveston returned guilty verdicts against Charles Devan Fulton Sr. on July 6, 2016, for conspiracy to commit sex trafficking of minors and four counts of sex trafficking of minors following a six-day trial and approximately four hours of deliberation. Three others - Charmell Latonya Potts, Dominique Warner, and Lawrence James Julian, had previously pleaded guilty for their respective roles.
Today, U.S. District Judge George C. Hanks Jr. ordered Fulton to serve life in prison. In handing down the sentence, Judge Hanks called him a “very dangerous man” and mentioned the defendant seemed willing to do anything or use anyone to get what he wanted. The court further noted that while speaking on his own behalf today, Fulton never showed any remorse nor any feeling for the harm that befell the victims, only indicating how much this has hurt him and his family. At the hearing today, the defense attempted to convince the court that Fulton deserved leniency, mentioning that he was not really a violent criminal such as a bank robber. The government, in opposition, told the court that what he did was worse, as Fulton stole the victims’ innocence and dignity and that no amount of money could ever make up for that. As he was imposing the sentence, Judge Hanks commented that the court speaks for those who cannot speak for themselves – for those that were victimized and terrorized by this defendant.
Julian, Warner and Potts are set for sentencing tomorrow.
At the trial, the jury found Fulton engaged in a conspiracy with the others between June 1, 2014, through April 1, 2015, in which they engaged in conspiracy to recruit, entice and harbor minors to engage in sex trafficking. Fulton aka “Black” or “Blacc,” was the leader of the group and ordered Potts to post pictures of two of the identified minor victims in prostitution ads on line. Warner aka “Meathead,” Julian aka “Wolf” and Potts also drove the minor females to hotels where the minors would engage in commercial sex acts.
The jury heard that the minors engaged in hundreds of commercial sex acts over the course of the conspiracy. The victims testified at trial, as did Potts, that Fulton would keep the money the children earned performing commercial sex acts. The jury also heard that Fulton used force, threats of force, fraud or coercion against two of the victims. In addition, testimony revealed Fulton had sex with the victims knowing they were minors, that he provided them with drugs and he had no legitimate source of income.
Fulton attempted to convey his innocence and that police were just out to get him. The jury was not convinced and found him guilty on five counts.
All have been and will remain in custody.
The FBI and the Galveston Police Department conducted the investigation with the assistance of the Galveston County District Attorney’s Office.
Assistant U.S. Attorneys Sherri Zack and Julie Searle prosecuted the case which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Judge Imposes 9-Year Sentence on 14-Time Felon for Possessing FirearmsRead the Press Release
Acting U.S. Attorney Bryan Schroder announced today that an Anchorage man was sentenced in federal court on Friday, November 3, 2017, after pleading guilty to being a felon in possession of a firearm. The man possessed three handguns -- two of which were stolen -- after having been convicted of at least 14 prior felony convictions.
According to Assistant U.S. Attorney Jonas Walker, Jeff Green, 59, had been released on bail while awaiting sentencing in a prior state prosecution. However, after the state court imposed sentence, Green failed to remand for jail. On June 3, 2016, Anchorage Police arrested Green after observing him near his apartment.
At the time of arrest, Green possessed one handgun in his pocket. Later, police found two more stolen handguns in a storage closet adjacent to Green’s apartment. Green had cut a hole in the wall separating his apartment from the storage closet so that he could access the guns easily while not exiting the apartment. Also within Green’s apartment, police found ammunition, shell casings, and body armor. Green also had a reminder note to collect an apparent drug debt.
Green’s prior convictions include homicide, robbery, burglary, and methamphetamine-related offenses. In a recorded phone call, Green described himself as an “outlaw” and claimed to have “18 violent felony convictions.”
United States District Court Judge Sharon Gleason imposed the 108-month sentence, which was only one year below the ten-year maximum statutory penalty available had Green been convicted after trial. Judge Gleason found that Green was a danger to the public while armed, and noted that this case was the fifth time Green had been sentenced for being a felon in possession of a firearm.
Mr. Schroder commends the Anchorage Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives for the investigation of this case.
Jefferson County man sentenced for cocaine traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Charles Town, West Virginia man was sentenced today to 120 months incarceration for distributing cocaine, United States Attorney William J. Powell announced.
Decoley Jones, also known as Decoley White, age 29, pled guilty to one count of “Distribution of a Cocaine Base” on June 15. Jones admitted to distributing cocaine in Jefferson County in September 2014.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.Indictment Unsealed Charging Six Defendants with the Murder of Loomis Armored Guard Hector TrochezRead the Press Release
Acting U.S. Attorney Duane A. Evans announced the unsealing of an Indictment regarding the December 18, 2013 murder of Loomis Armored US Guard Hector Trochez as he made a cash delivery to the Chase Bank at Carrollton and Claiborne Avenues in New Orleans.
The four-count Indictment charges LILBEAR GEORGE, age 28; JEREMY ESTEVES, age 31; CURTIS JOHNSON JR., age 25; CHUKWUDI OFOMATA, age 30; ROBERT BRUMFIELD III, age 24; and JASMINE THEOPHILE, age 24, all of New Orleans.
Count 1 charges GEORGE, ESTEVES, JOHNSON, OFOMATA, and BRUMFIELD with conspiracy to obstruct interstate commerce by robbery. This count carries a maximum prison term of 20 years and/or a $250,000 fine.
Count 2 charges GEORGE, ESTEVES, JOHNSON, OFOMATA, and BRUMFIELD with the substantive robbery of Mr. Trochez to obstruct interstate commerce. The penalties for this count are the same as those that apply to Count 1.
Count 3 names GEORGE, ESTEVES, JOHNSON, OFOMATA, and BRUMFIELD with using firearms in relation to the crimes of violence set out in Counts 1 and 2, causing Mr. Trochez’s death. This count carries the possibility of the death penalty for the five defendants.
Finally, Count 4 charges GEORGE and THEOPHILE with obstruction of a grand jury proceeding by destroying a cell phone, which carries a maximum prison term of 20 years and/or a $250,000 fine.
Acting U.S. Attorney Evans reiterated that the Indictment is merely an allegation and that the guilt of the defendants must be proven beyond a reasonable doubt.
Acting U.S. Attorney Evans praised the work of the FBI New Orleans Violent Crime Task Force, along with the New Orleans Police Department, and the Louisiana State Police in investigating this matter. Assistant United States Attorneys Michael E. McMahon, Brittany Reed, and Jonathan Shih are in charge of the prosecution.
Hudson County Man Admits Robbing Jersey City BankRead the Press Release
NEWARK, N.J. – A Bayonne, New Jersey, man today admitted robbing Bayonne Community Bank in Jersey City, New Jersey, on May 25, 2016, Acting U.S. Attorney William E. Fitzpatrick announced.
Patrick O’Boyle, 60, pleaded guilty before U.S. District Judge Susan D. Wigenton in Newark federal court to an indictment charging him with one count of bank robbery.
According to documents filed in this case and statements made in court:
On May 25, 2016, O’Boyle robbed the Bayonne Community Bank by approaching the teller and demanding all “your 100s, 50s, and 20s and make it quick because my car is double parked outside.” O’Boyle had his left arm clutched at his side as if he had something under his hooded sweatshirt, which the teller thought might have been a gun. The teller handed him cash, and O’Boyle fled the bank.
The bank robbery charge carries a maximum penalty of 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Feb. 20, 2018.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and officers of the Jersey City Police Department, under the direction of Director James Shea, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Ari B. Fontecchio of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Carol Gillen Esq., Assistant Federal Public Defender, Newark
Hampshire County man sentenced for heroin distributionRead the Press Release
MARTISNBURG, WEST VIRGINIA – Amos Crites, of Bloomery, West Virginia, was sentenced today to 78 months incarceration for distributing heroin, United States Attorney William J. Powell announced.
Crites, age 38, pled guilty to one count of “Conspiracy to Distribute a Controlled Substance” in June 2017. The crime took place in Hampshire County in July 2015.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Eastern Panhandle Drug and Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Four Men Sentenced in Honduran Heroin Trafficking ConspiracyRead the Press Release
Two men from Honduras and two local men have been sentenced in federal court by Chief U.S. District Judge Waverly Crenshaw, Jr., for their involvement in a Honduran heroin-trafficking conspiracy, announced U.S. Attorney Don Cochran for the Middle District of Tennessee.
Andrew Morris, 30, of Hendersonville, Tenn., was sentenced on Friday to 120 months in prison. In October, James Whitley, 24, of Nashville, Tenn., was sentenced to five years in prison and Victor Cardoza, 26, and Diego Hernandez, 31, both of Honduras, were sentenced to 18 months and five years in prison, respectively. Both are subject to deportation at the conclusion of their sentence.
All were indicted in April 2016 and later pleaded guilty to conspiring to distribute 100 grams or more of heroin and distribution of heroin.
“Drug traffickers who continue to fuel the opioid epidemic facing this nation will be aggressively sought and prosecuted by the U.S. Attorney’s Office and our law enforcement partners,” said U.S. Attorney Cochran. “Significant federal prison sentences await those who are convicted of trafficking opioids and there is no parole in the federal system.”
According to court documents, members of the conspiracy utilized a network of telephone numbers which distributors and users would call and request heroin. A dispatcher would then direct them to specific locations in the Nashville area before sending a person to the area to complete the transaction.
During the investigation and while dismantling the operation, investigators seized over $10,000 in cash, seven vehicles, over 7.5 ounces of methamphetamine, 6 ounces of heroin and 15 grams of cocaine during the operation.
This case was investigated by the Drug Enforcement Administration, the Tennessee Bureau of Investigation, the 18th Judicial District Drug Task Force and the Metropolitan Nashville Police Department. The case was prosecuted by Assistant United States Attorney Ahmed A. Safeeullah.
Former Winnebago Tribal Council Member Sentenced for Theft from an Indian Gaming EstablishmentRead the Press Release
Acting United States Attorney Robert C. Stuart announced today that on November 6, 2017, Chief United States District Court Judge Laurie Smith Camp sentenced Thomas Snowball, age 56, of Winnebago, Nebraska, for his conviction for theft from an Indian gaming establishment. Snowball was sentenced to five years of probation and 150 hours of community service. He was further ordered to pay restitution in the amount of $36,500.
Snowball was the Treasurer of the tribal council of the Winnebago Tribe of Nebraska. Beginning in 2013 and continuing through September of 2014, Snowball began taking unauthorized disbursements from the WinnaVegas Casino and Resort in the total amount of $36,500. These disbursements were in the form of gift certificates which he did not pay for and deposits to a re-loadable debit card. The disbursements were in addition to the salary Snowball received from the Winnebago Tribe as a tribal council member. However, the disbursements were not paid through the payroll department of the Winnebago Tribe and were never authorized at a regular or special meeting of the tribal council. Further, the disbursements were concealed from the Winnebago Gaming Commission which oversaw the operations of the casino and was required to approve financial transactions of the casino.
This case was investigated by the Federal Bureau of Investigation.
Former Hospital Executive Sentenced to Prison Term for Stealing over $390,000 from Medical AssociationRead the Press Release
WASHINGTON - Deborah A. Morrison, a former executive at Providence Hospital, was sentenced today to 18 months in prison on a federal charge stemming from her theft of $391,600 from an association of medical professionals, announced U.S. Attorney Jessie K. Liu and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office.
Morrison, 60, of Bethesda, Md., pled guilty in July 2017, in the U.S. District Court for the District of Columbia, to transportation of money taken by fraud. She was sentenced by the Honorable James E. Boasberg. Following her prison term, Morrison will be placed on three years of supervised release. Judge Boasberg also ordered her to pay $391,600 in restitution and an identical amount in a forfeiture money judgment.
According to a statement of offense submitted as part of the guilty plea, Morrison worked for Providence Hospital from 1978 until 2016, with much of her career in executive positions. Apart from her official work duties, since at least 2001, Morrison oversaw the bank accounts of the Providence Hospital Medical Staff, an association comprised of medical professionals at the facility. In that role, she had access to the checkbooks and reviewed the account statements.
From December 2009 until December 2015, according to the statement of offense, Morrison wrote approximately 140 checks, totaling $391,600, from one of the association’s bank accounts containing dues payments. She endorsed the front of the checks with a signature stamp of a former President of the Medical Staff who no longer worked at Providence Hospital. She deposited all of the checks into her personal bank account.
In announcing the sentence, U.S. Attorney Liu and Assistant Director in Charge Vale commended the work of those who investigated the case from the FBI’s Washington Field Office. They also acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Paralegal Specialists Kristy Penny, Joshua Fein, and C. Rosalind Pressley. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Anthony Saler, who prosecuted the case.
Former Chief Financial Officer Sentenced for Stealing $2.8 million from CompanyRead the Press Release
St. Louis, MO – Ramon “Trey” Luina III was sentenced to 41 months in prison in connection with his embezzlement of approximately $2.8 million from CMS Communications Inc. In addition to the prison sentence, Luina was ordered to pay restitution in the amount of $2,257,413.04. The loss amount differs from the restitution order because Luina began restitution payments prior to sentencing.
According to court documents, from approximately July 2006 through August 2016, Luina wrote checks from CMS to himself and other entities for personal benefits such as the construction of his lake house, vehicles for private use, professional services, rent for other business ventures not related to CMS, vacations, and credit card payments. Luina used CMS funds, via wire transfers and ACH payments, to make payments to his personal credit cards and invoices related to construction on his lake house. Luina also created fictitious vendors and listed these companies as consultants to CMS. Luina then directed payments, for fictitious work, to the vendors as another route to direct funds from CMS to Luina. Additionally, Luina fraudulently increased his payroll salary which was received via direct deposit. This, in turn, falsely inflated his 401k match and bonuses. Additionally, Luina falsely took partnership disbursements for CMS Partnership although he never completed the process of partnership.
In total, Luina embezzled over $2.8 million from CMS for his personal benefit, and the benefit of others, during the relevant timeframe.
Luina, 42, Chesterfield, MO, pled guilty in July to one felony count of mail fraud.
The case was investigated by the U.S. Postal Inspection Service and the Federal Bureau of Investigations. Assistant United States Attorney Dianna Collins is handling the case for the U.S. Attorney’s Office.
Former Bail Bondsman Sentenced to 49 Months in Federal Prison for Conspiring with Drug Counselor to Obstruct Justice While on Supervised ReleaseRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – U.S. District Judge James K. Bredar sentenced, Anthony Evans Owings Seen, a/k/a “Tony”, age 31, of Glen Burnie, Maryland to 37 months in prison, followed by three of supervised release, for conspiring to obstruct of justice and obstruction of justice, in connection with concealing violations by both pretrial and supervised release defendants from United States Probation and Pretrial Services and Federal Judges. Seen was also sentenced to 12 months and a day for committing his crimes while on federal supervised release.
Co-conspirator Jennifer Hamersky, a/k/a Jennifer Maroney a/k/a Jennifer Hurt, age 33, of Severn, Maryland previously plead guilty and is scheduled to be sentenced on November 28, 2017 at 4:00 p.m.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; William F. Henry, Chief, U.S. Probation and Pretrial Services Office, District of Maryland; and Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office.
According to Seen’s plea agreement, at the time of the conspiracy to obstruct justice, Seen was on supervised release in an unrelated case in the United States District Court for the District of Maryland for Conspiracy to Distribute and Possess with Intent to Distribute more than 100 Kilograms of Marijuana. While on supervised release, Seen was under the supervision of the United States Probation and Pretrial Services (“USPO”). Seen’s conditions of supervised release included that he was not permitted to possess or use controlled substances as well as act as a bail bondsman or in the bail bond industry. Seen was previously a licensed bail bondsman by the state of Maryland’s Insurance Administration.
Co-conspirator Hamersky, a Clinical Professional Addictions Counselor, licensed by the State of Maryland’s Department of Health and Mental Hygiene, was also a contractor who provided services for USPO. Specifically, Hamersky worked with defendants in the United States District Court for the District of Maryland, including mental health and substance abuse counseling, and urinalysis testing.
Person A, who was on pretrial release under the supervision of USPO, met Hamersky in September 2015, when she conducted an initial substance abuse screening as part of his pretrial release supervision. Hamersky recommended, and USPO concurred, that Person A attend individual and group counseling sessions and submit to random urinalysis testing.
Person S, was a resident of Maryland, and on supervised release under the supervision of USPO for conspiracy to Distribute and Possess with Intent to Distribute 100 Kilograms or More of Marijuana. Person S, as part of his supervised release conditions, was ordered by a United States Judge for the United States District Court for the District of Maryland not to possess or use controlled substances.
Hamersky served as Person A’s pretrial release substance abuse and mental health counselor from September 2015 through February 2016, and again from August 2016 through February 2017, with a break due to Person A’s incarceration. Hamersky was responsible for communicating Person A’s compliance with pretrial release conditions regarding potential violations involving counseling and urinalysis testing to USPO. As part of her duties as a substance abuse counselor Hamersky also had access to Person S’s urinalysis testing schedule.
Plea documents show that Seen and Hamersky conspired to obstruction of justice in an effort to conceal from USPO officers and U.S. Magistrate and District Court Judges, Person A’s violations of his conditions of release. The violations include use of narcotic drugs or other controlled substances by both Person A and Person S; failure to appear for urinalysis testing by Person A; and failure to appear for counseling sessions by Person A.
From September 2016 through February 2017, Seen conspired with Hamersky to prevent the communication to a law enforcement officer and U.S. Magistrate and District Court Judges information relating to violations of Person A’s conditions of release. Seen and Hamersky also used cocaine, oxycodone and Methylenedioxy-Methamphetamine otherwise known as MDMA while Defendant Seen was on federal supervised release. Hamersky also used narcotic drugs, including using oxycodone, with Person A while Person A was on federal pretrial release.
For example, in November of 2016, Seen met with Person A at Seen’s bail bonds shop in Glen Burnie, Maryland so that Person A could sign his USPO November 2016 and December 2016 reports reflecting Person A’s attendance at urinalysis testing and counseling sessions. At the time Seen knew that Person A had not attended urinalysis testing and counseling sessions. Seen then provided Person A’s reports to Hamersky who submitted them to USPO. Following his meeting with Person A and in an effort to conceal Seen and Hamersky’s conspiracy, Seen sent a text message to Person A asking Person A to delete any text messages between Seen and Person A and any texts messages between Hamersky and Person A.
Also in November 2016, Person S asked Seen for information about his urinalysis testing schedule so that Person S could consume controlled substances and avoid detection by USPO. Seen then contacted Hamersky who informed Seen that Person S would not have an upcoming urinalysis test. Seen then provided this urinalysis testing information to Person S.
In December 2016, after learning that the Special Agents from the Federal Bureau of Investigation were investigating Seen and Hamersky’s conduct, Seen sent a text message to Hamersky stating, “I just want to be safe, I don’t want him telling the Feds I’m meeting him to get papers signed and get violated.” Seen then described Person A as a “rat” and Seen then told Hamersky to go onto a federal court website to see if Person A was meeting with law enforcement representatives.
Finally, in January 2017, Person A missed a urinalysis test and contacted Seen for help in covering-up the missed test. Seen then contacted Hamersky and stated, “[h]e wants u to fix (sic) a drug test I told him 500$, nah I’m kidding he said he give u 500$, I said I’ll ask her but s-it I mean it’s up to you.” While discussing whether to help Person A, Hamersky texted Seen and explained that in, “[r]eality is it’s no big deal [f]or me to call and do it. It’s just after all the other stuff. But he knows I can do it.” Seen then replied, “Well I’ll tell (sic) him when money in my hand u do it.” Hamersky replied “[o]k” and then left a voicemail message for Person A’s USPO agent stating, “I’ve got no missed urines for [Person A], or anything like that, and all his urines have come through as negative so he has been compliant and everything been going ok.” Hamersky then told Seen that she left a voicemail message for Person A’s USPO officer stating that Person A had not missed his urinalysis test. After Person A learned that Hamersky had covered-up his missed urinalysis test he sent her a text message stating, “[t]hank you so much. If u want that money let me know I was being serious u saved my a-- today.” Hamersky then forwarded this text message to Seen who replied to Hamersky, “I’m call him and tell him I want that money tomorrow.”
Acting United States Attorney Stephen M. Schenning commended the FBI, USPO, and DEA for their work in the investigation. Mr. Schenning thanked Assistant United States Attorneys Phil Selden and Rachel Yasser, who prosecuted the case.
Former Assistant Prosecutor Charged with Tax Fraud, Theft of Government MoneyRead the Press Release
COLUMBUS, Ohio – A federal grand jury has charged Michael (also known as Mickey) A. Prisley, 52, of Columbus, and Tawnya Writesel, also known as Tawnya Rutan, 38, of Columbus, with eight charges related to fraudulent tax claims and theft of government money in an indictment returned here Thursday and unsealed today.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Ryan L. Korner, Special Agent in Charge, Internal Revenue System (IRS) Criminal Investigation, Cincinnati Division, announced the charges.
The indictment alleges that Prisley and Writesel, along with others, conspired to submit false claims for income tax refunds.
Writesel would allegedly obtain the identification details of real people, including their names, social security numbers and dates of birth. Those individuals were then claimed as dependents, even though they were not actually dependents of the filers.
“Prisley allegedly received the tax refund checks into his bank accounts and then withdrew cash in order to pay his co-conspirators their shares,” U.S. Attorney Glassman said. “He received drugs and controlled substances in exchange for cashing the refund checks.”
It is also alleged that he provided others with false power of attorney forms so that his co-conspirators could cash fraudulently obtained tax refund checks without the listed taxpayer’s knowledge.
Prisley is a former assistant prosecuting attorney for Athens County.
“It is unfortunate that someone who was trusted to prosecute criminals is now on the other side of the table facing his own criminal allegations,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office.
According to court documents, the defendants filed approximately 167 false and fictitious tax returns in order to obtain fraudulent refunds totaling roughly $901,500.
Co-defendants Amy K. France and Denard T. Nelson were also charged in relation to this case. France pleaded guilty in June 2016 to one count of conspiracy to submit false claims and one count of identity theft and was sentenced in January to 37 months in prison. France was also ordered to pay nearly $467,000 in restitution.
Nelson pleaded guilty in September 2015 to one count of identity theft and was sentenced in May 2016 to five years of probation. He was also ordered to pay more than $87,000 in restitution.
U.S. Attorney Glassman commended the investigation of this case by the IRS Criminal Investigation, and Assistant United States Attorney Jessica H. Kim, who is prosecuting the case.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Florida Man Admits to Engaging in Weeklong Robbery SpreeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ROBERT ABEL, 55, of St. Augustine, Florida, pleaded guilty today in Hartford federal court to one count of bank robbery and also admitted to two armed robberies in Florida and a carjacking in South Carolina.
According to court documents and statements made in court, on February 11, 2017, ABEL, brandishing a long silver blade, robbed a McDonald’s restaurant in East Palm Coast, Florida. On February 12, brandishing a long knife, he robbed a CVS in St. Augustine, Florida. ABEL stole a total of approximately $733 during these two robberies.
On February 15, ABLE stole a car from a woman in South Carolina, ordering the victim not to move or he would shoot her.
On February 17, ABEL stole $1,517 during a robbery of a Webster Bank branch in Stratford. He then attempted to rob a Walgreens Pharmacy in Stratford, but left the store without any money.
ABEL has been detained since his arrest by the Milford Police Department on February 17, 2017.
ABEL is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on January 31, 2018, at which time he faces a maximum term of imprisonment of 20 years.
This matter has been investigated by the Federal Bureau of Investigation, Stratford Police Department and Milford Police Department, with the assistance of the Summerville (S.C.) Police Department, St. Augustine Police Department and the Flagler County (Fla.) Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Five Facing Federal Cocaine Trafficking Conspiracy ChargesRead the Press Release
PITTSBURGH – Five men have been arrested and charged in federal court with conspiracy to distribute cocaine, Acting United States Attorney Soo C. Song announced today.
The criminal complaint charges Don Juan Mendoza, age 38, of Lawrenceville, Georgia; Jamie Lightfoot, Jr., age 25, of, Verona, Pennsylvania; Pedro Alejandro Blanco, age 39, of Jacksonville, Florida; Brian Powell, age 39, of Jacksonville, Florida; and Troy Rowe, age 28, of Columbia, South Carolina, with conspiring to possess with intent to distribute and distribution of five kilograms or more of cocaine.
Acting U.S. Attorney Song said, “This seizure of 52 kilograms of cocaine is among the largest in Western Pennsylvania history and is a testament to proactive investigative work by federal, state and local partners. While fentanyl and heroin remain the most lethal threats, we are witnessing an alarming rebound in cocaine production and availability.”
According to the criminal complaint, the defendants were part of a large-scale drug trafficking scheme. Brian Powell, Troy Rowe and Pedro Blanco were involved in the transport of an RV, registered to Mendoza’s mother, containing drugs from the Los Angeles area to the Penn Hills residence of Jamie Lightfoot, Jr. Don Juan Mendoza also arrived at the Lightfoot residence about the same time as the RV containing the drugs.
According to the complaint, a search of the RV revealed approximately 52 kilograms of cocaine, approximately 85 pounds of marijuana, and two firearms. The cocaine and marijuana were secreted in a compartment underneath the bunk beds in the RV. The two firearms were found in the same compartment as some of the cocaine and marijuana. The complaint also alleges that hundreds of thousands of dollars were recovered during a search of Lightfoot, Jr.’s residence.
The defendants appeared today in federal court in Pittsburgh before U.S. Magistrate Judge Lisa Pupo Lenihan. The government is seeking detention of the defendants pending trial.
The law provides for a minimum sentence of 10 years in prison and up to life, a fine of $10 million, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case. The Federal
Bureau of Investigation and the Pennsylvania State Police, with assistance from the South Strabane
Police Department, the Elizabeth Borough Police Department, the Penn Hills Police Department and the Perryopolis Police Department, conducted the investigation that led to the complaint against these individuals.A criminal complaint is only a charge and is not evidence of guilt. A defendant may not be prosecuted unless, within 30 days, a grand jury has found probable cause to believe that he is guilty of an offense.
Federal Jury Convicts Texas Mexican Mafia Members in Connection with the Death of Balcones Heights Police Officer Julian PesinaRead the Press Release
In San Antonio today, a federal jury convicted Texas Mexican Mafia (TMM) members Jesse Santibanez, age 29, and Alfredo Cardona, age 36, in connection with the death of Balcones Heights Police Officer Julian Pesina in 2014 announced United States Attorney Richard L. Durbin, Jr.; Federal Bureau of Investigation Special Agent in Charge Christopher Combs, San Antonio Division; Texas Department of Public Safety Director Steve McCraw; and, San Antonio Police Chief William McManus.
The jury convicted both defendants of one count of murder in aid of racketeering and one count of discharging a firearm during a murder in aid of racketeering. Another TMM member, Ruben Reyes, previously pleaded guilty to similar charges that included this murder. A fourth TMM member, 37-year-old TMM member Jerry Idrogo pleaded guilty on August 11, 2016, to a racketeering conspiracy charge that included this murder.
Evidence presented during trial revealed that the defendants murdered Pesina on May 4, 2014, in front of his business, the Notorious Ink Tattoo and Piercing Studio, located on Hillcrest Drive.
Testimony during trial revealed that Pesina had claimed membership in the TMM, was selling narcotics and paying the “dime” (the 10% street tax) to the TMM, when the TMM learned that Pesina was a Balcones Heights Police Officer. On May 4, 2014, Idrogo contacted Pesina and arranged for pickup of the “dime” outside of Pesina’s tattoo shop. Just before meeting Pesina, Idrogo dropped off Santibanez and Cardona on the side of the building. Once Pesina walked up to the car and handed Idrogo the “dime” payment money, Santibanez and Cardona came around the corner and shot and killed Pesina.
Santibanez, Cardona and Idrogo all remain in federal custody. Santibanez and Cardona each face a minimum mandatory sentence of life in federal prison. They are scheduled to be formally sentenced on February 8, 2018, before United States District Judge Xavier Rodriguez. Sentencing for Idrogo is scheduled for 1:30pm on November 29, 2017, before Judge Rodriguez. Reyes was previously sentenced to five consecutive life-imprisonment terms.
The FBI together with the Texas Department of Public Safety, the San Antonio Police Department and the Bexar County Sheriff’s Office investigated this case.
Federal Grand Jury Charges Miranda Gilbert with Violating Federal Firearms Laws and Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – A federal grand jury has filed an indictment charging Miranda Gilbert, 30, of Albuquerque, N.M., with violating the federal firearms laws by unlawfully possessing firearms and ammunition and with assaulting a federal officer.
Acting U.S. Attorney James D. Tierney said that Gilbert, whose criminal history includes at least ten prior felony convictions, will be prosecuted under the federal “worst of the worst” anti-violence initiative. 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 and repeat offenders, primarily based on their prior felony convictions, for federal prosecution with the goal of removing them from communities in New Mexico for as long as possible.
Gilbert is charged in a three-count indictment that was filed under seal on Nov. 1, 2017 and was unsealed earlier today. The indictment charges Gilbert with unlawfully possessing a firearm and ammunition in Bernalillo County, N.M., on Aug. 20, 2017, and again in Guadalupe County, N.M., on Aug. 21, 2017. According to the indictment, Gilbert was prohibited from possessing firearms or ammunition because she has been convicted of at least ten felony offenses. The indictment also alleges that Gilbert assaulted a federal officer in Guadalupe County on Aug. 21, 2017.
Gilbert faces a maximum statutory penalty of ten years of imprisonment on each of the two felon in possession of firearms charges. However, if the court determines that Gilbert is an armed career criminal, she faces an enhanced sentence of a mandatory minimum 15 years to a maximum of life imprisonment on the firearms charges. Gilbert also faces a statutory maximum penalty of 20 years of imprisonment on the assault on a federal officer charge. Charges in criminal complaints and indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
Gilbert is currently in state custody in connection with violation of probation proceedings and will be transferred to federal custody to face the charges in the indictment.
The Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated the case with assistance from the U.S. Marshals Service, the Bernalillo County Sheriff’s Office and the Albuquerque Police Department. Assistant U.S. Attorney Niki Tapia-Brito is prosecuting the case.
Eagle Butte Man Convicted of AssaultsRead the Press Release
United States Attorney Randolph J. Seiler announced that Phillip Mound, age 26, of Eagle Butte, South Dakota, was found guilty of Simple Assault and Assault by Striking, Beating, and Wounding, as a result of a federal jury trial in Pierre, South Dakota.
The Simple Assault charge carries a maximum penalty of 6 months in custody and/or a $5,000 fine, a $10.00 assessment to the Federal Crime Victims Fund, and restitution. The Assault by Striking, Beating, and Wounding charge carries a maximum penalty of 1 year in custody and/or a $100,000 fine; 1 year of supervised release, a violation of the condition of his supervision could result in 1 year of additional incarceration on any such revocation; a $25.00 assessment to the Federal Crime Victims Fund; and restitution.
Mound was indicted by a federal grand jury on December 14, 2016.
The conviction stems from an incident on October 18, 2016, when Mound threw two objects at his intimate partner, striking her in the face, causing blindness to her right eye.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for January 22, 2018. The defendant was remanded to the custody of the U.S. Marshals Service.
Denaturalization Sought Against Four Somalia-Born Individuals Who Falsely Claimed to be a Family and Were Admitted to the United States on Diversity Immigrant VisasRead the Press Release
The U.S. Department of Justice, the U.S. Department of State, and the U.S. Department of Homeland Security announced today that the United States filed civil complaints in the District of Minnesota against four individuals who allegedly fraudulently obtained their naturalized U.S. citizenship. The complaints allege that the individuals—a purported husband, wife, and two sons—unlawfully, knowingly, and fraudulently represented to immigration officials that they were a family to gain admission to the United States through the Diversity Immigrant Visa Program. Each individual, the complaints allege, ultimately naturalized due to his or her fraudulent representations.
“For decades, the American people have begged and pleaded with their government for a lawful system of immigration that serves the national interest—a system that has as its foremost priorities their safety, their jobs, and their well-being,” Attorney General Jeff Sessions said. “The current immigration system is easily abused by fraudsters and nefarious actors, and that’s certainly true of the Diversity Immigrant Visa Program. If the fraud is not detected and swift enforcement actions are not taken, chain migration only multiplies the consequences of this abuse. Unfortunately, there are many instances of fraud across our immigration system. The American people deserve a better system that works for them, and the Department of Justice will continue its efforts to deliver one to them.”
The four cases, United States v. Fosia Abdi Adan; United States v. Ahmed Mohamed Warsame; United States v. Mustaf Abdi Adan; and United States v. Faysal Jama Mire were referred to the Department of Justice by the U.S. Department of State’s Diplomatic Security Service (DSS) and U.S. Immigration and Customs Enforcement (ICE), with investigative support from ICE’s Homeland Security Investigations and U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security Directorate.
“I previously taught civics classes, and saw firsthand how hard people work to come to the United States legally and honestly,” Acting Secretary Elaine Duke said. “They were so proud of their accomplishments. It is out of respect for those people that we cannot tolerate fraud, deception, and abuse of our legal immigration system. Fraudulently obtained citizenship is an affront to our American values, the rule of law, and all those who honestly attained their immigration status.”
“We are pleased at the outcome of the Justice Department’s investigation,” Assistant Secretary of State for Consular Affairs Carl Risch said. “The Department of State values the partnership with the Justice Department in our efforts to vigorously prevent and jointly combat U.S. passport and visa fraud. Deterring, detecting, and investigating U.S. passport and U.S. visa fraud are essential to protecting the integrity of consular processes and safeguarding our national security.”
A description of each of the four cases and the allegations of the United States are as follows:
Fosia Abdi Adan
Fosia Abdi Adan, 51, a native of Somalia, applied for and received a diversity visa from the U.S. Embassy in Sanaa, Yemen, under the Diversity Visa (DV) Program on Jan. 10, 2001, and used her visa to unlawfully obtain beneficiary visas for the below individuals who were ineligible to be beneficiaries. Adan arrived and was admitted to the United States on Jan. 29, 2001, on her diversity immigrant visa as a permanent resident. Throughout the diversity visa application process, Adan fraudulently claimed that she was married to Jama Solob Kayre, the fictitious identity used by Ahmed Mohamed Warsame, and that she and Kayre had three children together. Such children included Mohamed Jama Solob, the fictitious identity used by Mustaf Abdi Adan, and Mobarak Jama Solob, the fictitious identity used by Faysal Jama Mire. Adan and Warsame, who used the fictitious identity of Jama Solob Kayre, obtained a divorce in Minnesota for their fictitious marriage after Adan was admitted as a permanent resident. Adan continued to fraudulently represent her previous fictitious marriage and fraudulently represent her fictitious parentage of Mohamed Jama Solob and Mobarak Jama Solob, throughout the naturalization process. Adan naturalized on Aug.16, 2006. Adan has been residing in Eden Prairie, Minnesota. Among other counts contained in the complaint filed against Adan, the United States alleges that she was not lawfully admitted for permanent residence because she engaged in alien smuggling as defined by the Immigration and Nationality Act, and thus was never eligible to naturalize.
Ahmed Mohamed Warsame
Ahmed Mohamed Warsame aka Jama Solob Kayre, 54, a native of Somalia, using the fictitious identity of Jama Solob Kayre, applied for and received a beneficiary diversity visa as the fictitious spouse of Fosia Abdi Adan, the principal diversity visa immigrant of the fictitious family. Warsame unlawfully obtained his visa as the spouse of a diversity visa immigrant from the U.S. Embassy in Sanaa, Yemen, under the DV Program on Jan. 10, 2001. Warsame arrived and was admitted to the United States on May 30, 2001, on his diversity immigrant visa as a permanent resident. Throughout the diversity visa application process, Warsame fraudulently claimed that he was married to Adan and that he and Adan had three children together. Such children included Mohamed Jama Solob, the fictitious identity used by Mustaf Abdi Adan, and Mobarak Jama Solob, the fictitious identity used by Faysal Jama Mire. Adan and Warsame, who used the fictitious identity of Jama Solob Kayre, obtained a divorce in Minnesota for their fictitious marriage after Warsame was admitted as a permanent resident. Warsame continued to fraudulently represent his previous fictitious marriage and fraudulently represent his fictitious parentage of Mohamed Jama Solob and Mobarak Jama Solob, throughout the naturalization process. Warsame, using the fictitious name of Jama Solob Kayre, naturalized on Sept. 13, 2006. During his naturalization, he changed his name to Ahmed Mohamed Warsame. Warsame has been residing in St. Cloud, Minnesota.
Mustaf Abdi Adan
Mustaf Abdi Adan aka Mohamed Jama Solob, 33, a native of Somalia, using the fictitious identity of Mohamed Jama Solob, applied for and received a beneficiary diversity visa as the fictitious child of Fosia Abdi Adan, the primary diversity visa immigrant of the fictitious family. Adan unlawfully obtained his visa as the child of a diversity visa immigrant from the U.S. Embassy in Sanaa, Yemen, under the DV Program on Sept. 30, 2001. He arrived and was admitted to the United States on Dec. 9, 2001, on his beneficiary diversity immigrant visa as a permanent resident. Throughout the diversity visa application process, he fraudulently claimed that Fosia Abdi Adan was his mother and that Warsame, under the identity of Jama Solob Kayre, was his father. Mustaf Abdi Adan, using the fictitious name of Mohamed Jama Solob, naturalized on July 24, 2013, and at that time changed his name to Mustaf Abdi Adan. He has been residing in Minneapolis, Minnesota.
Faysal Jama Mire
Faysal Jama Mire aka Mobarak Jama Solob, 31, a native of Somalia, using the fictitious identity of Mobarak Jama Solob, applied for a beneficiary diversity visa as the fictitious child of Fosia Abdi Adan, the primary diversity visa immigrant. Mire unlawfully obtained his beneficiary visa as the child of a diversity visa immigrant from the U.S. Embassy in Sanaa, Yemen, under the DV Program on Sept. 30, 2001. He arrived and was admitted to the United States on Dec. 9, 2001, on his beneficiary diversity immigrant visa as a permanent resident. Throughout the diversity visa application process, he fraudulently claimed that Fosia Abdi Adan was his mother and that Warsame, under the identity of Jama Solob Kayre, was his father. Faysal Jama Mire, using the fictitious name of Mobarak Jama Solob, naturalized on April 14, 2010, and at that time changed his name to Faysal Jama Mire. He has been residing in Hennepin County, Minnesota.
Under the Immigration and Nationality Act, the citizenship of a naturalized U.S. citizen may be revoked, and his or her certificate of naturalization canceled, if such naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation.
These cases were investigated by DSS, ICE, USCIS, and the Civil Division’s Office of Immigration Litigation, District Court Section (OIL-DCS). These cases are being prosecuted by Trial Attorney Anthony D. Bianco of OIL-DCS’s National Security and Affirmative Litigation Unit (NS/A Unit) and Trial Attorney Kathryne Gray of OIL-DCS, with support from Senior Attorney Lucia A. Fiorentino of ICE’s Office of the Principal Legal Advisor.
The claims made in the complaints are allegations only, and there has been no determination of liability.
Clairton Man Sentenced for Conspiring to Smuggle Misbranded Drugs into the USRead the Press Release
PITTSBURGH - A resident of Allegheny County, Pennsylvania, has been sentenced in federal court to three years probation, six months home detention, a $15,000 fine and forfeiture of $100,000 on his conviction of conspiracy to smuggle misbranded drugs and conspiracy to money launder, Acting United States Attorney Soo C. Song announced today.
United States District Judge Cathy Bissoon imposed the sentence on Kenneth F. Evancic, 68, of Clairton, PA.
According to the information presented to the court Evancic ordered, had delivered and paid for pharmaceutical drugs made outside of the U.S.A. Evancic wire transferred to Canada a total of $29,449.08 from July 2009 to June 2011 in payment for the smuggled drugs.
Assistant United States Attorney Nelson P. Cohen prosecuted this case on behalf of the government.
The Acting U.S. Attorney commended the U.S. Food and Drug Administration, Office of Criminal Investigation and the U.S. Internal Revenue Service, Criminal Investigations for the successful investigation that led to the prosecution of Kenneth F. Evancic.
Citizen of Dominican Republic Sentenced to 24 Months for Illegal Re-entryRead the Press Release
SYRACUSE, NEW YORK – Radhames Perez a/k/a Edwin Perez, age 37, and a citizen of the Dominican Republic, was sentenced today to 2 years in prison for illegally re-entering the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office for Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Perez admitted that he was convicted in New York County Supreme Court of criminal sale of crack cocaine in the second degree in May 2003, for which he received a sentence of 3 years to life in prison. Perez was released from state prison in December 2003 and was removed from the United States. He was then found in the United States in June 2017 when he was arrested on state charges in Herkimer County, as part of a crackdown on a cock-fighting ring. Those state charges are presently unresolved.
United States District Judge Brenda K. Sannes also ordered Perez to serve a 3-year term of supervised release should he remain in the United States after completion of his 2-year prison term. Perez will also face removal from the United States when he is released from prison.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Michael F. Perry.
Chariot Transit Inc. Enters Agreement to Ensure Full Accessibility of Commuter VehiclesRead the Press Release
SAN FRANCISCO – Chariot Transit, Inc. has entered a landmark settlement agreement with the United States Attorney’s Office to resolve allegations that the San Francisco-based company violated Title III of the Americans with Disabilities Act (ADA) by discriminating against customers with disabilities, announced United States Attorney Brian J. Stretch. As part of the settlement, Chariot will pay a $50,000 civil penalty to the United States and take numerous steps to ensure that it provides equivalent service to individuals with disabilities.
Chariot, a private transportation company with its principal place of business in San Francisco, provides private commuter transportation services in the San Francisco Bay Area, New York City, and Austin, Texas. Customers may request rides through a smartphone application, and the Chariot commuter vehicle stops at pre-determined locations if customers have requested a vehicle to stop there. An investigation by the United States determined that from July 2015 to November 2016, Chariot may have violated the ADA by leasing at least 161 new 14-passenger vehicles for use in its services in the San Francisco Bay Area and Austin, none of which were readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. During this time, Chariot’s website and individual responses to customer inquiries indicated that Chariot only provided service to individuals who use wheelchairs if they could transfer to a seat and if there was space for their wheelchair that did not take the seat of another passenger; those who required an accessible vehicle would only be provided “accessible resources in the region.”
“Passengers with disabilities are entitled to equal access to the innovative forms of transportation available in today’s market,” said United States Attorney Stretch. “With this agreement, Chariot has pledged its commitment to ensure individuals who use wheelchairs receive the same service as other passengers.”
Pursuant to the settlement, Chariot will pay a $50,000 civil penalty to the United States and will make the following changes:
- Operate sufficient readily accessible vehicles in each market to ensure individuals with disabilities receive equivalent service.
- Not require passengers with disabilities, including individuals who use wheelchairs, to book a Chariot trip differently from any other passenger.
- Ensure the Chariot smartphone application requests all relevant information from passengers such that a separate phone call or message with Chariot staff will not be required for passengers with disabilities.
- Conduct ADA training for employees who interact with commuter customers, commuter vehicles, or the commuter customer-facing smartphone application (including product design employees, customer success managers and agents, Charioteers (drivers), captains, marketing employees, brand ambassadors, dispatchers, operations employees, and general managers). The training will include instruction on the ADA requirements for private entities operating a transportation system and Chariot’s policies and practices regarding accommodation of individuals with disabilities.
Assistant U.S. Attorney Erica Blachman Hitchings is handling the matter on behalf of the U.S. Attorney’s Office for the Northern District of California.
Bridgeport Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ROBERT BOWENS, 34, of Bridgeport, pleaded guilty today before U.S. District Judge Janet Bond Arterton in New Haven to one count of possession of a firearm by a previously convicted felon.
According to court documents and statements made in court, on April 22, 2017, Connecticut State Police stopped a vehicle BOWENS was operating on I-95 in Bridgeport. BOWENS attempted to flee and, during a struggle with troopers, produced a 9mm handgun. Troopers knocked the firearm from BOWENS’ hand, but BOWENS broke free, jumped into an SUV that had arrived at the scene, and the vehicle fled. BOWENS was apprehended on May 9.
BOWENS’ criminal history includes state felony convictions for possession with intent to sell, criminal possession of a weapon, and forgery. He also has a prior federal conviction for possession of a firearm by a previously convicted felon, for which he was sentenced, in May 2009, to 57 months of imprisonment and two years of supervised release. He was released from federal custody in June 2015.
It is a violation of federal law for a person previously convicted of a felony offense to possess a firearm or ammunition that has moved in interstate or foreign commerce.
BOWENS has been detained since his arrest.
Judge Arterton scheduled sentencing for January 29, 2018, at which time BOWENS faces a maximum term of imprisonment of 10 years. He also faces an additional term of imprisonment if he is found to have violated his supervised release.
This matter has been investigated by the Federal Bureau of Investigation and the Connecticut State Police, with the assistance of the U.S. Marshals Connecticut Violent Fugitive Task Force and the Bridgeport Police Department. The case is being prosecuted by Assistant U.S. Attorney Jacabed Rodriguez-Coss.
Bradenton Man Pleads Guilty to Producing and Possessing Child PornographyRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that Paul Fabrizio Solis (40, Bradenton) has pleaded guilty to producing and possessing child pornography. He faces a minimum mandatory sentence of 15 years, up to 30 years, in federal prison for the production charge, and up to 10 years’ imprisonment for the possession charge.
According to court documents, Solis took explicit photographs of a young child who was in his care. He kept the images on a thumb drive hidden in a locked safe in his home. He also had more than 4,000 videos and images of child pornography stored on his laptop computer.
This case was investigated by the Federal Bureau of Investigation - Tampa Division, with support from the Bradenton Police Department. The case is being prosecuted by Assistant United States Attorney Kristen A. Fiore.
It is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Boston Man Sentenced for Bank Robbing SpreeRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for robbing three banks in May 2016.
Jeremy D. Woodley, 38, was sentenced by U.S. District Court Judge Leo T. Sorokin to 100 months in prison and three years of supervised release. In June 2017, Woodley pleaded guilty to three counts of bank robbery.
On May 5, 2016, an individual later identified as Woodley, entered a branch of Santander Bank in Boston and handed the teller a note indicating a robbery and that he was armed. The teller gave Woodley $599, and Woodley fled the bank. A similar robbery occurred on May 17, 2016, at another branch of Santander Bank, and again on May 21, 2016, at a branch of Commerce Bank in Boston. The banks were robbed of $927 and $1,995, respectively.
Following the third robbery, witnesses observed Woodley exit the bank and enter the rear passenger door of an awaiting motor vehicle. Law enforcement officers observed the vehicle and, after a brief chase, arrested Woodley. At the time of his arrest, Woodley was in possession of the cash stolen from Commerce Bank.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Boston Police Commissioner William Evans made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.
Binghamton Woman Indicted for Stealing Social Security BenefitsRead the Press Release
BINGHAMTON, NEW YORK – Patricia L. Williams, age 61, of Binghamton, New York, was arraigned Friday on charges that she unlawfully received the Social Security benefits of her deceased husband, and also failed to disclose that income in order to receive Supplemental Security Income benefits.
The announcement was made by Acting United States Attorney Grant C. Jaquith and John F. Grasso, Special Agent In Charge of the Social Security Administration (SSA) Office of the Inspector General, New York Field Office.
The indictment alleges that from May 2005 through December 2013, Williams withdrew monthly Social Security benefit payments from the bank account of her deceased husband, who had died in 1990. The indictment also alleges that Williams failed to disclose her receipt of those benefit payments to SSA and unlawfully collected Supplemental Security Income benefits as a result. Supplemental Security Income would have been available to her only if she fell below a certain income threshold, and her unlawful receipt of her husband’s Social Security benefits put her over that threshold.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Williams faces up to 10 years in prison, 3 years of post-imprisonment supervised release and a $250,000 fine if convicted on all counts of the indictment. 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.
Williams was arraigned Friday in Binghamton before United States Magistrate Judge Andrew T. Baxter. She was released with conditions pending a trial scheduled before Senior United States District Judge Thomas J. McAvoy.
This case is being investigated by the SSA Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Jason W. White.
Berkeley County man sentenced for his role in heroin trafficking ringRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Hedgesville, West Virginia man was sentenced today to 115 months incarceration for heroin distribution, United States Attorney William J. Powell announced.
Wayne Kegley, age 44, pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Heroin” in June 2017. Kegley admitted to his role in a heroin distribution operation in Berkeley County and Baltimore, Maryland in June 2016.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.Baldwinsville Man Charged with ObstructionRead the Press Release
SYRACUSE, NEW YORK – Elias J. Sawalha, age 63, of Baldwinsville, New York, was arraigned today on an obstruction charge for submitting false documents to the U.S. Department of Labor’s Wage and Hour Division.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Michael C. Mikulka, Special Agent in Charge of the New York Region of the United States Department of Labor, Office of Inspector General, Office of Investigations.
According to the indictment, Sawalha made and submitted forms, signed under penalty of perjury and submitted to the Department of Labor, stating that he had paid several employees of his gas station as ordered by the Department of Labor, when he knew he had not paid any of these employees the money they were owed.
The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The charge filed against Sawalha carries a maximum sentence of 5 years in prison, a fine of up to $250,000, and a maximum term of supervised release of 1 year. 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.
Sawalha was arraigned today in Syracuse before United States Magistrate Judge David E. Peebles, and released pending a trial scheduled before United States District Judge David N. Hurd.
This case is being investigated by the United States Department of Labor, Office of Inspector General, Office of Investigations, and is being prosecuted by Assistant U.S. Attorney Sahar L. Amandolare.
Bakersfield Man Sentenced in Bank Fraud ConspiracyRead the Press Release
FRESNO, Calif. — Edgar Alexander Gomez, 42, of Bakersfield, was sentenced today by Chief U.S. District Judge Lawrence J. O'Neill to two years and one day in prison for conspiracy to commit bank fraud and aggravated identity theft, U.S. Attorney Phillip A. Talbert announced.
Gomez also was ordered to pay restitution for damage he caused to U.S. Postal Service facilities in connection with his criminal scheme. He pleaded guilty on May 31, 2016.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “Postal Inspectors worked closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those individuals responsible for thefts of mail and Identity theft crimes committed against the public.”
According to court documents, between July and September 2012, Gomez stole identity documents from the U.S. Mail, such as driver’s licenses, social security cards, and credit and debit cards. On several occasions, he attempted to open bank accounts at federally insured financial institutions using the identities of people whose mail he had stolen. In connection with one of these attempts to fraudulently open bank accounts, Gomez attempted to negotiate a check after forging the payee’s signature.
This case was the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorneys Christopher D. Baker and Megan Richards prosecuted the case.
Co-defendant Jennifer Barthel, 37, also of Bakersfield, previously was sentenced to time-served for her role in the conspiracy. Co-defendant Augustine Castro Salazar, 48, also of Bakersfield, previously pleaded guilty to theft of U.S. mail, admitting that he and Gomez on five occasions in August 2012 broke open and stole mail from mail boxes at several U.S. Postal Service facilities in Bakersfield. Salazar is awaiting sentencing.