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Thursday 21 September 2017
Justin Redmon Sentenced to 10 Years in Prison for Participating in a Roane County Methamphetamine Trafficking ConspiracyRead the Press Release
KNOXVILLE, Tenn. – On September 21, 2017, Justin Redmon, 33, of Harriman, Tennessee, was sentenced to serve 10 years in prison by the Honorable Pamela L. Reeves, U.S. District Court Judge, for his role in a large-scale methamphetamine trafficking conspiracy. Upon his release from prison, he will be supervised by the U.S. Probation Office for five years.
In May 2017, Redmon pleaded guilty to the offense described above. According to documents on file with U.S. District Court, between August 2015 and August 2016, he conspired with others to travel between Roane County, Tennessee and Rome, Georgia, to buy large quantities of methamphetamine that were then resold in east Tennessee. Individuals also charged for their roles in this conspiracy who were previously sentenced include: Demetrius Hodges, 46 of Rome, Georgia; Gerald Musson, 54 of Ten Mile, Tennessee; Lamar England, 49 of Rockwood, Tennessee; Amanda Wells, 29 of Harriman, Tennessee; William Colyer, 57 of Rockwood, Tennessee; Anthony Jones, 46 of Rockwood, Tennessee; and, Clarence Laymance, 45 of Wartburg, Tennessee.
The case was referred for federal prosecution by Roane County Sheriff Jack Stockton and was investigated by the Federal Bureau of Investigation and Roane County Sheriff’s Office. Assisting in the investigation were law enforcement personnel from the Harriman, Rockwood and Kingston Police Departments and the Meigs County Sheriff’s Office. Assistant U.S. Attorney Brooklyn Sawyers Belk represented the United States.
U.S. Attorney Nancy Stallard Harr said, “The U.S. Attorney’s Office encourages state and local law enforcement officials to refer cases for federal prosecution in appropriate cases such as this one. Federal law enforcement agencies in the Eastern District of Tennessee are very proud of these partnerships.”
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Justice Department Will Not Challenge Proposed Real Time Payment SystemRead the Press Release
The Justice Department today announced that at this time it will not challenge a proposal by The Clearing House Payments Company LLC (“TCH”), a joint venture of 24 U.S. banks, to create and operate a new payment system that will enable the real-time transfer of funds between depository institutions, at any time of the day, on any day of the week. The department’s position was stated in a business review letter to counsel for TCH from Acting Assistant Attorney General for the Antitrust Division Andrew C. Finch.
According to representations made by TCH, it will create and operate the Real Time Payment system (“RTP”)—a new payment rail that, for the first time in the U.S., will provide for real-time funds transfers between depository institutions—and in turn, RTP will allow depository institutions to enable faster fund transfers for their end-user customers. According to TCH, RTP will not interfere with the continued use and operation of existing payment rails, including automated clearing house, wire, and check clearing houses. RTP will also incorporate additional features that existing payment rails do not offer, such as enhanced messaging capabilities.
The department has reviewed TCH’s currently-proposed rules and conduct for RTP. Based on the information submitted and representations made by TCH, the department has no present intention to challenge the operation of TCH’s proposed new payment rail in light of the possibility that introducing a new, faster payment rail would benefit consumers and competition.
Under the department’s business review procedure, an organization may submit a proposed action to the Antitrust Division and receive a statement as to whether the division currently intends to challenge the action under the antitrust laws based on the information provided. The Department reserves the right to challenge the proposed action under the antitrust laws if the actual operation of the proposed conduct proves to be anticompetitive in purpose or effect.
Copies of the business review request and the department’s response are available on the Antitrust Division’s website at https://www.justice.gov/atr/business-review-letters-and-request-letters, as well as in a file maintained by the Antitrust Documents Group of the Antitrust Division. After a 30-day waiting period, any documents supporting the business review will be added to the file, unless a basis for their exclusion for reasons of confidentiality has been established under the business review procedure. Supporting documents in the file will be maintained for a period of one year, and copies will be available upon request to the FOIA/Privacy Act Unit, Antitrust Documents Group at [email protected].
Jersey City Police Officer Admits Fraud Involving Off-Duty Work AssignmentsRead the Press Release
NEWARK, N.J. – A Jersey City, New Jersey, police officer today admitted defrauding Jersey City by obtaining compensation for off-duty work that he did not perform, Acting U.S. Attorney William E. Fitzpatrick announced.
David Ortmann, 53, of Carlstadt, New Jersey, pleaded guilty before U.S. District Judge John Michael Vazquez in Newark federal court to an information charging him with one count of conspiracy to commit fraud.
According to documents filed in this case and statements made in court:
Private contractors and utility companies sometimes needed the services of off-duty Jersey City police officers for certain projects, including work in Jersey City that could obstruct the flow of traffic. Ortmann was an officer who was eligible to perform off-duty work.
From July 2015 through May 2016, Ortmann conspired with a Jersey City officer who was authorized to assign off-duty work. The officer – with Ortmann’s knowledge and consent – submitted phony vouchers to Jersey City indicating that Ortmann had completed certain off-duty assignments. As a result, Ortmann was compensated for work he never performed.
Ortmann faces a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Pursuant to the plea agreement, Ortmann must forfeit the $12,617 he made as part of the conspiracy. Sentencing is set for Jan. 3, 2018.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy A. Gallagher in Newark, with the investigation.
The Jersey City Police Department is cooperating with the investigation.
The government is represented by Assistant U.S. Attorney Vikas Khanna of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Michael P. Koribanics Esq., Clifton, New Jersey
Jefferson County man sentenced for illegally possessing firearmsRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Ranson, West Virginia man was sentenced today to 37 months incarceration for illegal possession of a firearm, Acting United States Attorney Betsy Steinfeld Jividen announced.
Jeremiah David Wallace, age 29, pled guilty to one count of “Felon in Possession of Firearm” in June 2017. Wallace admitted to possession of multiple firearms in Berkeley County in November 2015. Wallace, having been convicted of a felony in Frederick County, Virginia, is prohibited from possessing firearms.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Ranson Police Department investigated.
Chief U.S. District Judge Gina M. Groh presided.Jefferson County man sentenced for illegally possessing a firearmRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Ranson, West Virginia man was sentenced today to 57 months incarceration for illegal possession of a firearm, Acting United States Attorney Betsy Steinfeld Jividen announced.
Chad Aric Berry, age 29, pled guilty to one count of “Unlawful Possession of a Firearm” in June 2017. Berry, having previously been convicted of a felony in the Circuit Court of Jefferson County, admitted to possessing a .380 caliber pistol in Jefferson County September 2015.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.Horsham, PA Man Charged with Tax EvasionRead the Press Release
David Foster, 52, of Horsham, PA was charged today by Information with one count of tax evasion and one count of failing to pay federal taxes, announced Acting United States Attorney Louis D. Lappen.
If convicted, Foster faces a maximum possible sentence of 10 years imprisonment, three years supervised release, a $500,000 fine, and a $200 special assessment.
The case was investigated by the Internal Revenue Service, and is being prosecuted by Assistant United States Attorney Paul L. Gray.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Henryetta Woman Pleads Guilty to Credit Union Theft, Embezzlement, and MisapplicationRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CAROL LYNN BEEN, age 59, of Henryetta, Oklahoma, pled guilty to CREDIT UNION THEFT, EMBEZZLEMENT AND MISAPPLICATION, in violation of Title 18, United States Code, Section 657, punishable by not more than 30 years imprisonment, and up to a $1,000,000.00 fine or both.
The Indictment alleged that from in or about 2014, the exact date unknown to the Grand Jury, until on or about June 18, 2017, in the Eastern District of Oklahoma, defendant CAROL LYNN BEEN, being an officer, director, agent, or employee of, or connected in a capacity with, OSU-IT Federal Credit Union of Okmulgee, Oklahoma, a credit union whose deposits are insured by the National Credit Union Administration, with intent to injure and defraud the said OSU-IT Federal Credit Union of Okmulgee, Oklahoma, willfully misapplied, embezzled, abstracted, and purloined more than $1,000.00 of the moneys, funds, assets or securities entrusted to the custody or care of OSU-IT Federal Credit Union of Okmulgee, Oklahoma, in that the defendant withdrew cash from the vault of the credit union and misapplied, embezzled, abstracted and purloined the funds.
The charge arose from an investigation by the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Acting United States Attorney Douglas A. Horn represented the United States.
Helena Man Sentenced to 10 Years in Prison for Possessing Child PornographyRead the Press Release
MISSOULA – Domenick James Howard, 29, formerly of Helena, Montana, was sentenced today in federal court for possession of child pornography. On May 31, 2017, Howard entered a plea of guilty to the charge. U.S. District Court Senior Judge Charles C. Lovell sentenced Howard to 120 months in prison. Following his release, Howard will be subject to lifetime supervised release. Howard was also required to forfeit two computers and an external storage device that he used to commit the crime.
In the court filings, Assistant U.S. Attorney Cyndee L. Peterson stated that Howard had previously been convicted of a sex offense against a child. Specifically, in November 2012, Howard was convicted of felony sexual assault for committing a hands-on sex offense against a 6-year old in Ravalli County. Because of that conviction, Howard was sentenced to the Montana Department of Corrections for 20 years, with 15 of those years suspended. In December 2014, Howard was conditionally released to the community and was being supervised by the Montana Probation and Parole. On April 13, 2016, Howard was arrested for probation violations and his electronic devices were seized and searched. An FBI Forensic Examiner examined Howard’s devices, and located image and video files depicting children engaged in sexually explicit conduct on Howard’s desktop computer, laptop computer, and a thumb drive. The United States said that at least one file depicted a female under the age of 12 involved in a sexual act with an adult male.
The investigation was a cooperative effort between the Helena Police Department, the Montana Internet Crimes Against Children (ICAC) Task Force, and the Federal Bureau of Investigation.
Hampshire County woman sentenced for heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Bonnie Bishop of Bloomery, West Virginia, was sentenced today to 36 months incarceration for heroin distribution, Acting United States Attorney Betsy Steinfeld Jividen announced.
Bishop, age 31, pled guilty to one count of “Conspiracy to Distribute a Controlled Substance” in May 2017. Bishop admitted to conspiring with others to distribute heroin 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 & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Hampshire County man sentenced for possessing child pornographyRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Shanks, West Virginia man was sentenced today to 51 months incarceration for possession of child pornography, Acting United States Attorney Betsy Steinfeld Jividen announced.
Allen Newcomb, age 58, pled guilty to one count of “Possession of Child Pornography” in May 2017. Newcomb admitted to possessing child pornography containing children under the age of 12 in June 2016 in Hampshire County.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Office of Homeland Security investigated.
Chief U.S. District Judge Gina M. Groh presided.
Hampshire County man admits to firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – An Augusta, West Virginia man pled guilty today to a firearms charge, Acting United States Attorney Betsy Steinfeld Jividen announced.
James Albert Slonaker, age 48, pled guilty to one count of “Unlawful Possession of Firearms.” Slonaker, having previously been convicted in the Circuit Court of Frederick County, Virginia, admitted to having a .22 caliber revolver, a .357 magnum revolver, two .22 caliber rifles, a .30-06 caliber rifle, and a Rossi firearm frame/receiver. The crime occurred in January 2017 in Hampshire County.
Slonaker faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Lara K. Omps-Botteicher prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, West Virginia Probation, and West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Global Telecommunications Company and Its Subsidiary to Pay More Than $965 Million in Penalties in Massive Bribery Scheme Involving Uzbek OfficialRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York (“SDNY”), Kenneth A. Blanco, the Acting Assistant Attorney General for the Criminal Division of the Department of Justice (“DOJ”), Don Fort, Chief of the Criminal Investigation Division, Internal Revenue Service (“IRS-CI”), and Patrick J. Lechleitner, Special Agent in Charge of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”) Washington, D.C., Field Office, announced today the filing of criminal charges against Telia Company AB (“Telia”), a multinational telecommunications company headquartered in Sweden, whose securities traded publicly in New York from 2002 until 2007, and its Uzbek subsidiary, Coscom LLC (“Coscom”), for conspiring to violate the Foreign Corrupt Practices Act (“FCPA”) by paying more than $331 million in bribes to a government official in Uzbekistan.
Mr. Kim also announced that in connection with the filed charges, Coscom pled guilty today before United States District Judge George B. Daniels, and SDNY and DOJ entered into a deferred prosecution agreement (“DPA”) with Telia. Pursuant to the DPA, Telia admitted to participating in the charged conspiracy. Telia will pay a total criminal penalty of $274,603,972 to the United States, which includes a $500,000 criminal fine and $40 million in criminal forfeiture that Telia agreed to pay on behalf of Coscom. Telia also agreed to implement rigorous internal controls and cooperate fully with the Government’s ongoing investigation, including its investigation of individuals.
In related proceedings, Telia reached a settlement with the U.S. Securities and Exchange Commission (“SEC”) and the Public Prosecution Service of the Netherlands (“PPS”). Under the terms of its civil resolution with the SEC, Telia agreed to pay $457,169,977 in disgorgement of profits and prejudgment interest. Finally, Telia agreed to pay the PPS a criminal penalty of $274 million, which, together with the criminal penalty paid to the United States, yieldstotal criminal penalties of $548,603,972. Because the SEC agreed to credit the $40 million paid in criminal forfeiture against the civil settlement amount, the total criminal and regulatory penalties to be paid by Telia is $965,773,949.
Acting U.S. Attorney Joon H. Kim said: “Today, we announce one of the largest criminal corporate bribery and corruption resolutions ever, with penalties totaling just under a billion dollars. Swedish telecom company Telia and its Uzbek subsidiary Coscom have admitted to paying, over many years, more than $331 million in bribes to an Uzbek government official. Telia, whose securities traded publicly in New York, corruptly built a lucrative telecommunications business in Uzbekistan, using bribe payments wired around the world through accounts here in New York City. If your securities trade on our exchanges and you use our banks to move ill-gotten money, then you have to abide by our country’s laws. Telia and Coscom refused to do so, and they have been held accountable in Manhattan federal court today.”
Acting Assistant Attorney General Kenneth A. Blanco said: “This resolution underscores the Department’s continued and unwavering commitment to robust FCPA and white-collar criminal enforcement. It also demonstrates the Department’s cooperative posture with its foreign counterparts to stamp out international corruption and to reach fair, appropriate and coordinated resolutions. Foreign and domestic companies that pay bribes put honest companies at a disadvantage and distort the free and fair market and the rule of law. Today’s resolution reflects the significant efforts of law enforcement, the Criminal Division and the U.S. Attorney’s Office for the Southern District of New York to bring such companies to justice, and to maintain a competitive and level playing field for companies to do business, create jobs and thrive.”
IRS-CI Chief Don Fort said: “Today marks the second resolution of proceedings against corporate entities who have engaged in a global bribery scheme of government officials. It also further demonstrates the dedication we have to identifying illegal financial transactions being used for bribery in the international community. It is important that the global economy remain on a fair playing field and IRS-CI will remain committed in our efforts to dismantle these kinds of corrupt financial schemes.”
HSI Special Agent in Charge Patrick J. Lechleitner said: “Today’s resolution marks a win against a foreign corruption scheme where millions of dollars in bribery funds were paid to Uzbekistan officials and laundered through the U.S. financial system. HSI, working hand in hand with our partners at IRS Criminal Investigation, leveled the playing field for publicly traded companies by exposing these corrupt practices and helped the U.S. government collect nearly $275 million in criminal penalties.”
According to the allegations contained in the criminal Informations, which was filed today in Manhattan federal court, the statement of facts set forth in the DPA, and other publicly available information:
Between approximately 2007 and 2012, Telia and Coscom, through various executives, employees, and affiliated entities, paid more than $331 million in bribes to illegally obtain telecommunications business in Uzbekistan. The bribes were paid to an Uzbek government official who was a close relative of a high-ranking government official and who exercised influence over Uzbek telecommunications industry regulators. Telia and Coscom structured and concealed the bribes through various payments to a shell company that certain Telia and Coscom management knew was beneficially owned by the foreign official. The bribes were paid on multiple occasions over a period of approximately five years so that Telia could enter the Uzbek market and Coscom could gain valuable telecom assets and continue operating in Uzbekistan.
Under the direction and control of the Uzbek government official, more than $331 million in bribery proceeds were laundered through accounts held in various countries around the world. The illicit funds were transmitted through financial institutions in the Southern District of New York before they were deposited into accounts in those countries.
This resolution, reached in coordination with the SEC and authorities in the Netherlands, marks the second such resolution by a major international telecommunciations provider for bribery in Uzbekistan. On February 18, 2016, Amsterdam-based VimpelCom Limited and its Uzbek subsidiary, Unitel LLC, also entered into resolutions with the United States and admitted to a conspiracy to make more than $114 million in bribery payments to the same Uzbek government official between 2006 and 2012. The investigation has thus far yielded a combined total of more than $1.76 billion in global fines and disgorgement, including more than $500 million in criminal penalties to the United States. In related actions, the United States has also filed civil complaints seeking the forfeiture of more than $850 million held in bank accounts in Switzerland, Belgium, Luxembourg, and Ireland, which constitute bribe payments made by VimpelCom, Telia, and a third telecommunications company to the Uzbek official, or funds involved in the laundering of those corrupt payments.
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Coscom was charged with, and pled guilty to, one count of conspiring to violate the anti-bribery provisions of the FCPA. Telia was charged in a one-count Information with conspiracy to violate the anti-bribery provisions of the FCPA.
Mr. Kim thanked the Fraud Section of the DOJ’s Criminal Division for their collaboration, and praised the efforts of IRS-CI, the IRS Global Illicit Financial Team, and HSI in the investigation. He also thanked the SEC’s Division of Enforcement for its significant assistance and cooperation in the investigation. Mr. Kim also thanked law enforcement colleagues within the PPS, the Swedish Prosecution Authority, and the Office of the Attorney General in Switzerland, as well as law enforcement colleagues in Austria, Belgium, Cyprus, France, Ireland, the Isle of Man, Latvia, Luxembourg, Norway, Switzerland, the Isle of Man, and the United Kingdom. Mr. Kim also thanked the Department of Justice’s Office of International Affairs for its significant assistance in this matter. The SEC referred the matter to the DOJ and also provided extensive cooperation and assistance.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit and the FCPA Unit of the Fraud Section of DOJ’s Criminal Division. Assistant U.S. Attorney Edward A. Imperatore, Senior Litigation Counsel Nicola Mrazek, and Trial Attorney Ephraim Wernick are in charge of the prosecution. MLARS Trial Attorney Michael Khoo is prosecuting the forfeiture case with substantial assistance from the Fraud Section and former MLARS Trial Attorney Marie M. Dalton, now an Assistant U.S. Attorney in the Western District of Washington.
Fort Lauderdale Police Department Employee Charged with Stealing from the Police DepartmentRead the Press Release
Gerard Anthony Brady, a Fort Lauderdale Police Department employee has been charged in federal court with stealing from his employer.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Rick Maglione, Chief, Fort Lauderdale Police Department, made the announcement.
Brady, 34, appeared in federal court on September 20, 2017, after being charged by a criminal Information with theft concerning programs receiving federal funds, in violation of Title 18, United States Code, Section 666(a)(1)(A). If convicted, Brady faces a statutory maximum sentence of ten years in prison.
According to court records, including the Information, Brady worked at the Fort Lauderdale Police Department as the Police Forfeiture Coordinator until his termination in March 2017. As Police Forfeiture Coordinator, Brady’s duties at the Police Department included storing and caring for confiscated and seized property, coordinating the deposit of confiscated and seized monies, and overseeing vessels, planes, vehicles, and other property seized by the Fort Lauderdale Police Department. According to the Information, in 2016, while working as an employee, Brady stole in excess of $5,000 from the Fort Lauderdale Police Department.
Benjamin G. Greenberg commended the investigative efforts of IRS-CI and the Fort Lauderdale Police Department, in relation to this matter. This case is being prosecuted by Assistant U.S. Attorney J. Mackenzie Duane.
An Information is merely an accusation and a defendant is presumed innocent unless and until proven guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former President of UAW Local 2419 Danville Sentenced to Prison for Embezzling Union FundsRead the Press Release
PEORIA, Ill. – A former president of United Auto Workers Local 2419, in Danville, Ill., Bob Buford, was sentenced today to a term of 21 months in federal prison for mail fraud related to embezzling union funds. Chief U.S. District Judge James E. Shadid sentenced Buford, 54, of the 100 block of Shasta Drive, Danville, Ill., in Peoria. Judge Shadid ordered Buford to pay restitution in the amount of $129,723. Buford was allowed to self-report on Dec. 5, 2017, to the federal Bureau of Prisons to begin serving his sentence. He was ordered to serve a three-year term of supervised release following his release from prison. Buford had pleaded guilty to the mail fraud charge on March 9, 2017.
According to court documents, Buford served as the president of UAW Local 2419 in Danville from January 2007 until October 2011, while he was employed as a welder at Freight Car America. During that time, the union regularly collected dues and fees from its members’ paychecks and deposited those funds into accounts maintained by Buford. While he served as president of the union, Buford made cash withdrawals and issued cashier’s checks from the accounts for his own personal benefit. Buford then covered up his scheme by mailing false annual reports to the U. S. Department of Labor. The false reports underreported the amount of dues and fees collected from union members, inflated the balance of the union’s accounts, and omitted his personal withdrawals from the accounts.
The investigation was conducted by the U.S. Department of Labor, Office of Inspector General. The case was prosecuted by Supervisory Assistant U.S. Attorney Eugene L. Miller.
Former Omega Protein manager pleads guilty to polluting Vermilion RiverRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a New Orleans man pleaded guilty Tuesday to directing employees to discharge a pollutant into a canal that feeds the Vermilion River.
Aldes K. “Al” Vidrine III, 52, of New Orleans, La., pleaded guilty before U.S. Magistrate Judge Carol Whitehurst on one count of unlawful discharge of a pollutant into a water of the United States. According to the guilty plea, Vidrine, who worked as a manager at the Abbeville Omega Protein Inc. plant, directed employees on February 1, 2016 to place a hose in a treatment pond and drain process water from the plant’s treatment pond into a canal that emptied into the Vermilion River.
Vidrine faces up to one year in prison, one year of supervised release and a fine of not less than $2,500 or more than $25,000 per day of the violation. The court set a January 11, 2018 sentencing date.
The criminal investigation divisions of the U.S. Environmental Protection Agency and Louisiana State Police conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth is prosecuting the case.
Former Executive Director of Birmingham Volunteer Lawyer Program Sentenced for Misapplication of Federal Program FundsRead the Press Release
NASHVILLE, Tenn. – September 21 2017 - Kelli Hogue Mauro, 48, of Birmingham, Alabama, and former Executive Director of the Birmingham Volunteer Lawyers Program, was sentenced yesterday to five years of probation and five months of home confinement for misapplication of property worth at least $5,000 from a federal program, announced U.S. Attorney Donald Cochran of the Middle District of Tennessee.
Mauro also was ordered to pay restitution in the amount of $10,228.32 to the Birmingham Volunteer Lawyers Program and was fined $10,000. The Court also imposed the following requirements: Mauro must complete a financial responsibility program under the supervision of the United States Probation Office and report back to the District Court Judge after completion of that program; Mauro must write an open letter of apology to the Birmingham Bar Association, the Birmingham Volunteer Lawyers Program and the Cumberland School of Law; and Mauro must complete 20 hours of community service work.
In pronouncing sentence, Chief U.S. District Court Judge Karon O. Bowdre stated, “This crime was one I can only rationalize as being one of greed.” Judge Bowdre observed that Mauro’s license to practice law had been suspended and characterized Mauro’s offense as “a sin against the profession as a whole.”
The criminal information, filed on April 19, 2017, charged that between January 1, 2012 and August 31, 2012, Mauro misappropriated property owned by and under the control of the Birmingham Volunteer Lawyers Program, an organization that received benefits in excess of $10,000 from grants made by the federal Legal Services Corporation through Legal Services Alabama.
According to the court documents, Mauro made approximately 100 transactions that benefitted herself and her family for a total loss to the Birmingham Volunteer Lawyers Program of $35,116. Court documents also reflect that Mauro previously repaid or returned property valued at $21,145 and that Mauro was credited with $3,742.68 for expenses she incurred on behalf of the Birmingham Volunteer Lawyers Program that were not previously reimbursed by the program. Mauro expressed her intention to immediately pay the $10,228.32 in restitution owed to the Birmingham Volunteer Lawyers Program to the District Court Clerk before leaving the courthouse.
The criminal information was filed in the United States District Court for the Northern District of Alabama by the Office of the United States Attorney for the Middle District of Tennessee. The Office of the United States Attorney for the Northern District of Alabama was recused from the matter to avoid any appearance of partiality in the prosecution of Mauro.
This case was investigated by the Office of Inspector General for the Legal Service Corporation. Assistant U.S. Attorney Byron M. Jones of the Middle District of Tennessee prosecuted the case.
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Former Executive Director of Birmingham Volunteer Lawyer Program Sentenced for Misapplication of Federal Program FundsRead the Press Release
Kelli Hogue Mauro, 48, of Birmingham, Alabama, and former Executive Director of the Birmingham Volunteer Lawyers Program, was sentenced yesterday to five years of probation and five months of home confinement for misapplication of property worth at least $5,000 from a federal program, announced U.S. Attorney Donald Cochran of the Middle District of Tennessee.
Mauro also was ordered to pay restitution in the amount of $10,228.32 to the Birmingham Volunteer Lawyers Program and was fined $10,000. The Court also imposed the following requirements: Mauro must complete a financial responsibility program under the supervision of the United States Probation Office and report back to the District Court Judge after completion of that program; Mauro must write an open letter of apology to the Birmingham Bar Association, the Birmingham Volunteer Lawyers Program and the Cumberland School of Law; and Mauro must complete 20 hours of community service work.
In pronouncing sentence, Chief U.S. District Court Judge Karon O. Bowdre stated, “This crime was one I can only rationalize as being one of greed.” Judge Bowdre observed that Mauro’s license to practice law had been suspended and characterized Mauro’s offense as “a sin against the profession as a whole.”
The criminal information, filed on April 19, 2017, charged that between January 1, 2012 and August 31, 2012, Mauro misappropriated property owned by and under the control of the Birmingham Volunteer Lawyers Program, an organization that received benefits in excess of $10,000 from grants made by the federal Legal Services Corporation through Legal Services Alabama.
According to the court documents, Mauro made approximately 100 transactions that benefitted herself and her family for a total loss to the Birmingham Volunteer Lawyers Program of $35,116. Court documents also reflect that Mauro previously repaid or returned property valued at $21,145 and that Mauro was credited with $3,742.68 for expenses she incurred on behalf of the Birmingham Volunteer Lawyers Program that were not previously reimbursed by the program. Mauro expressed her intention to immediately pay the $10,228.32 in restitution owed to the Birmingham Volunteer Lawyers Program to the District Court Clerk before leaving the courthouse.
The criminal information was filed in the United States District Court for the Northern District of Alabama by the Office of the United States Attorney for the Middle District of Tennessee. The Office of the United States Attorney for the Northern District of Alabama was recused from the matter to avoid any appearance of partiality in the prosecution of Mauro.
This case was investigated by the Office of Inspector General for the Legal Service Corporation. Assistant U.S. Attorney Byron M. Jones of the Middle District of Tennessee prosecuted the case.
Final Defendant Sentenced in Poly Drug ConspiracyRead the Press Release
CORPUS CHRISTI, Texas – A 28-year-old Mission man has been ordered to federal prison for 10 years following his conviction in a cocaine and marijuana drug trafficking conspiracy, announced Acting U.S. Attorney Abe Martinez. Bryan Mendoza, the last of five convicted in the conspiracy, pleaded guilty Dec. 28, 2016.
Today, U.S. District Judge Nelva Gonzales Ramos ordered he serve 120 months of imprisonment immediately followed by five years of supervised release.
The conspiracy ran from February 2009 to June 22, 2016, and included the seizure of more than 4,400 kilograms of marijuana and 23 kilograms of cocaine. Mendoza assisted the drug trafficking conspiracy by arranging the purchase of vehicles and hiring drivers to transport drugs from South Texas to other states.
Previously, co-defendants Cynthia Valencia, 25, a U.S. citizen who resided in Pharr and Reynosa, Tamaulipas, Mexico; and Mexican citizens Mario Alberto Medina-Mendoza, 30, Ismael Silva-Cortez, 37, and Alan Castillo, 38, had pleaded guilty to a related money laundering conspiracy. Castillo, who oversaw the movement of drug proceeds from other areas of the United States to South Texas, received a sentence of 70 months imprisonment. He primarily used the “old school” method of bulk cash smuggling in which he concealed large sums of cash in secret compartments within the vehicles he used to transport the drug proceeds.
Valencia, Silva-Cortez and Medina-Mendoza allowed their bank accounts to be used to funnel or launder approximately $51,710, $125,075 and $77,250 respectively, in drug proceeds. Silva-Cortez received a 37-month sentence, while Valencia and Medina-Mendoza were ordered to serve respective sentences of 18 and 33 months.
The Drug Enforcement Administration, IRS - Criminal Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives and Customs and Border Protection conducted the joint investigation. Assistant U.S. Attorney Kenneth Cusick is prosecuting the case.
Federal Jury Convicts New Orleans Man on Drug and Weapons ChargesRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that a federal jury convicted ROBERT RICKS, age 36, of New Orleans, for his role in conspiring to distribute crack cocaine and heroin, possessing heroin and crack with the intent to distribute, possessing a gun in furtherance of his drug-trafficking activities, and being a felon in possession of a firearm. Following a two-day trial, the jury found RICKS guilty of all five counts with which he was charged.
According to the evidence presented at trial, RICKS conspired with several other individuals to distribute crack cocaine and heroin in the fall of 2014 and early 2015. The case began when the New Orleans Police Department (NOPD) received a CrimeStoppers tip about RICKS’ drug-trafficking activity in early February 2015. NOPD officers initiated surveillance and observed RICKS dealing from a house at the corner of Belleville and De Armas streets. They then secured a search warrant for the house where RICKS lived. NOPD found heroin, crack cocaine, a loaded pistol, scales, $3,600 in cash, and various other paraphernalia associated with drug trafficking. RICKS was arrested on state charges following the search. The state charges were ultimately adopted for federal prosecution after RICKS became a target in a parallel Bureau of Alcohol, Tobacco, Firearms, and Explosives’ investigation focused in Algiers.
On the drug charges, RICKS faces a minimum sentence of ten years of imprisonment and a maximum of life imprisonment, a maximum $10,000,000 fine, and at least five years of supervised release. RICKS also faces a mandatory consecutive five-year sentence for possessing a gun in furtherance of his drug-trafficking activities. Sentencing before Judge Carl Barbier is scheduled for January 11, 2018.
Acting U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the New Orleans Police Department. Assistant United States Attorneys David Haller and Myles Ranier were responsible for the prosecution.
Federal Jury Convicts Georgia Man for Compromising U.S. Army Computer ProgramRead the Press Release
GREENVILLE – John Stuart Bruce, United States Attorney for the Eastern District of North Carolina, announces that on September 20, 2017 in federal court, MITTESH DAS, a 48-year-old male resident of Atlanta, Georgia, was convicted following a three-day trial before Senior United States District Judge Malcom J. Howard. The jury found DAS guilty of knowingly transmitting malicious code with the intent to cause damage to a U.S. Army computer used in furtherance of national security.
A Grand Jury in the Eastern District of North Carolina indicted DAS on April 5, 2016 for conduct that occurred in 2014.
In November of 2014, a national level computer program responsible for handling pay and personnel actions for nearly 200,000 U.S. Army reservists began experiencing unusual issues. Five of the servers associated with the program are located at Ft. Bragg, North Carolina. Standard internal troubleshooting uncovered suspicious code that led to an investigation by the Army’s Criminal Investigation Command (CID). The investigation revealed that in 2012, due to DAS’s vast experience with the system, the contracted company responsible for oversight of the computer system had subcontracted with DAS to assume lead responsibility for the system. However, the contract was subsequently re-bid and awarded to a different company with a hand-over date of November 24, 2014. The investigation revealed that DAS inserted malicious code - commonly referred to as a “logic bomb” – in the days leading up to the contract changeover and that the progressively destructive nature of this code began taking effect the day after the changeover.
The damage had to be corrected through removal of the malicious code, restoration of all information and features, and a thorough review of the entire system to locate any further malicious code, amounting to a total labor cost to the U.S. Army of approximately $2.6 million.
“Cyber-sabotage is not a ‘prank.’ It is a very serious crime with real victims and real costs. In this case, the crime cost taxpayers $2.6 million. Thanks to great work by the investigators and prosecutor, Mr. Das is being held accountable for his criminal acts,” said John Stuart Bruce, United States Attorney for the Eastern District of North Carolina.
"We are very pleased with today's guilty verdict and will do everything in our power to help bring to justice those who attempt to sabotage or disrupt U.S. Army operations in the defense of our nation," said Director Daniel Andrews of the Computer Crime Investigative Unit, U.S. Army Criminal Investigation Command. "Let this be a warning to anyone who thinks they can commit a crime in cyberspace and not get caught. We have highly trained and specialized investigators who will work around the clock to uncover the truth and preserve Army readiness."
The case was investigated by U.S. Army Criminal Investigation Command, which received assistance from the Department of Homeland Security and the Johns Creek, Georgia, Police Department. Assistant United States Attorney Jason Kellhofer represented the government in this case.
Federal Grand Jury Indicts 3 Hartford Men on Gun and Drug OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that a federal grand jury in Hartford returned three indictments yesterday charging three Hartford residents with various drug and firearm offenses.
A three-count indictment alleges that, on September 7, 2017, DAQUAN PATTERSON-GREENE, 22, possessed a Glock 22 .45 caliber semi-automatic pistol, as well as cocaine, ecstasy and marijuana with the intent to distribute these drugs. Prior to that date, PATTERSON-GREEN had sustained felony convictions for first-degree assault and possession of a pistol without a permit.
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.
The indictment charges PATTERSON-GREEN with one count of possession with intent to distribute cocaine, MDMA (“ecstasy”) and marijuana, an offense that carries a maximum term of imprisonment of 20 years; one count of possession of a firearm in furtherance of a drug trafficking crime, and offense that carries a mandatory consecutive sentence of five years of imprisonment, and one count of unlawful possession of a firearm by a convicted felon, an offense that carries a maximum term of imprisonment of 10 years.
PATTERSON-GREEN has been detained since his arrest on a federal criminal complaint on September 7.
A one-count indictment charges TYSHAWN COLEMAN, 28, with unlawful possession of ammunition by a convicted felon.
The indictment alleges that, on August 5, 2017, COLEMAN possessed a .45 caliber live round. Prior to that date, COLEMAN had sustained two felony convictions for conspiracy to commit murder, three felony convictions for accessory to first-degree assault, one felony conviction for first degree assault, and one felony conviction for sale of a controlled substance.
If convicted of the charge, COLEMAN faces a maximum term of imprisonment of 10 years.
COLEMAN has been detained since his arrest on a federal criminal complaint on August 5.
A one-count indictment charges WILLIAM MARRERO-BENITEZ, 24, with possession of heroin with intent to distribute.
The indictment alleges that, on December 14, 2016, MARRERO-BENITEZ possessed heroin that he intended to distribute. At the time of the alleged offense, MARRERO-BENITEZ was serving a term of supervised release from a prior federal conviction.
If convicted, MARRERO-BENITEZ faces a maximum term of imprisonment of 20 years on the heroin distribution offenses, and an additional term of imprisonment if he is found to have violated the conditions of his federal supervised release.
MARRERO-BENITEZ has been detained in state custody since his arrest by Hartford Police on December 14.
U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
These cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI’s Northern Connecticut Violent Crimes Task Force, and the Hartford Police Department. The cases are being prosecuted by Assistant U.S. Attorney Michael J. Gustafson and Special Assistant U.S. Attorney John F. Fahey of the Hartford State’s Attorney’s Office.
Federal Correctional Officer Indicted for Taking BribesRead the Press Release
Ocala, Florida – Acting United States Attorney W. Stephen Muldrow announces the return of an indictment charging Albert Larry Harris, Jr. (27, Lake County) with two counts of receipt of a bribe by a public official. If convicted, he faces a maximum penalty of 15 years in federal prison on each count.
According to court documents, Harris works as a correctional officer in a penitentiary at the Federal Correctional Complex in Coleman, Florida. In June 2017, he began providing inmates at the prison with contraband (drugs and tobacco products) in exchange for large cash payments. On August 22, 2017, Harris met with an undercover federal agent in Ocala and accepted a $5,000 bribe payment and 200 Suboxone strips for delivery to an inmate. Following the exchange, he was arrested.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Department of Justice - Office of the Inspector General and the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Elmira Man Sentenced for Threatening WitnessRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Isaiah L. McLaurin, 28, of Elmira, NY, who was convicted of witness tampering, was sentenced to 57 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that on May 17, 2017, the defendant made threats against an individual that he believed was cooperating in a drug investigation in the Elmira area. Such threats were made with the intent to prevent that individual from testifying and providing information to law enforcement authorities about the drug trafficking organization.
On May 16, 2017, four individuals, Robert Ian Thatcher, Maximillian Sams, Dwayne Banks, and Carlito Rios, Jr., were arrested by the DEA, ATF, Elmira Police Department, and other state law enforcement agencies and charged in a federal criminal complaint with various drug trafficking and firearms offenses including conspiracy to possess with intent to distribute, and to distribute, quantities of furanyl fentanyl, a Schedule I controlled substance, and U-47700, a Schedule I controlled substance. The charges alleged that such conduct occurred between November 29, 2016, and May 16, 2017.
On May 16, 2017, an article about the arrests and investigation was published on the website for the Star Gazette, the local paper in Elmira. The article was entitled, “Four face federal charges in Elmira drug investigation.” A digital copy of the complaint and supporting affidavit was also published on the website with the article. In the supporting affidavit, the DEA referenced certain confidential sources by anonymous designations (including “CC-1” and “CS-2”).
On or about May 17, 2017, a member of law enforcement observed a series of public Facebook comments related to the investigation described in the article on a Facebook page bearing the user name “Isaiah Mclaurin” and a profile picture of Isaiah L. McLaurin. The posts consisted of the following:
Isaiah Mclaurin
Facts somebody better have this N**** in protective custody cause if he thinks he can just pick his daughter up from school and everything’s gonna be ok. He got it coming
In those Facebook posts, McLaurin publicly identified the individual – referred to as Individual A – that he believed to be one of the confidential sources referenced in the complaint against Thatcher, Sams, Banks, and Rios, and threatened both Individual A and Individual A’s child.The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police, under the direction of Major Richard Allen; the Elmira Police Department, under the direction of Chief Joseph Kane; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; and the Pennsylvania State Police, under the direction of Commissioner Colonel Tyree C. Blocker.
Elmira Man Charged with Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced that Taylor T. Sullivan, 20, of Elmira, NY, was arrested and charged by criminal complaint with possession of child pornography. The charge carries a maximum sentence of 20 years in prison, and a fine of $250,000.
Assistant U.S. Attorney John J. Field, who handled the case, stated that according to the complaint, in March 2017, the National Center for Missing and Exploited Children (NCMEC) received a report from the social networking website Skout.com that child pornography was received by the defendant on its site. The report also indicated that Sullivan uploaded several images of different juvenile females engaging in sexual acts with animals.
A search of the defendant’s phone revealed numerous files containing child pornography and videos, including a video of a young naked female (Victim1) known to defendant. During an interview with New York State Police Investigators, Victim 1 indicated she was unaware that she was being recorded. In total, the phone contained approximately 639 images and 58 videos of child pornography.
The complaint is the result of an investigation by the New York State Police, under the direction of Major Richard Allen, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
The fact that a defendant has been charged with a crime is merely an accusation, and the defendants are presumed innocent until and unless proven guilty.
Donald Q. Cochran Sworn in as United States AttorneyRead the Press Release
Donald Q. Cochran was sworn in today as the United States Attorney for the Middle District of Tennessee. In a brief ceremony, Chief U.S. District Judge Waverly Crenshaw, Jr., administered the oath of office, making Cochran the District’s top federal prosecutor.
Cochran was nominated by President Donald Trump on June 29, 2017 and he was confirmed by the United States Senate on September 14, 2017.
“I am extremely humbled by the confidence that President Trump has shown in me by virtue of this nomination,” said U.S. Attorney Cochran. “I look forward to serving the people of Middle Tennessee and continuing the fine work of the U.S. Attorney’s Office and our many law enforcement partners in seeking justice on behalf of the American people.”
Prior to his appointment as U.S. Attorney, Cochran was a law professor at Belmont University School of Law and served as an Assistant U.S. Attorney in the Northern District of Alabama. He also served as a Deputy District Attorney in Birmingham and was an Army Ranger and Special Forces Officer.
District Man Pleads Guilty to Brazen Bank RobberyRead the Press Release
WASHINGTON – Charles Smoot, 47, of Washington, D.C., has pled guilty to carrying out a broad-daylight robbery of a bank in the Brentwood neighborhood of Northeast Washington, announced U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Smoot pled guilty on Sept. 20, 2017, before the Honorable Amit P. Mehta in the U.S. District Court for the District of Columbia, to one count of bank robbery. Smoot faces a statutory maximum of 20 years in prison. Under federal sentencing guidelines, he faces a likely range of 63 to 78 months in prison and potential financial penalties. He also is subject to an order of restitution and a forfeiture money judgment. Judge Mehta scheduled sentencing for Jan. 19, 2018.
The government’s evidence established that on July 5, 2017, at approximately 9:45 a.m., Smoot entered a TD Bank in the 900 block of Rhode Island Avenue NE and handed two notes to the bank tellers that stated, “No Die pack, No police, All your money.” With a bank full of customers, Smoot threatened the tellers with words to the effect of: “Give me all the money or I’ll kill everyone in here.”
In response, the bank tellers – with their hands raised in fear for their lives – gave Smoot approximately $5,121. Smoot put the money in a black gym bag and walked out of the bank. The bank tellers immediately advised law enforcement of the robbery and members of the FBI’s Violent Crimes Task Force, which includes MPD detectives, responded to the bank.
Law enforcement tracked Smoot to a residence on 60th Street NE, and immediately began conducting surveillance outside of the residence. Although Smoot had changed some of his clothing, he could be seen wearing the same watch and light grey shoes that could be seen on the TD Bank surveillance video. A search warrant was executed at the residence and the black gym bag and pants worn by Smoot in the bank surveillance video were also recovered. Law enforcement also later recovered property taken from the bank from a storm drain in front of the residence.
The bank was processed by crime scene investigators and additional evidence was recovered that ultimately linked Smoot to the bank robbery. Specifically, an expert identified four fingerprints that were left by Smoot on a magazine that was left on the teller’s counter with the notes demanding the money. Additionally, a handwriting expert compared the handwriting on the two demand notes to known handwriting samples authored by Smoot and concluded that Smoot had authored the two notes that were left behind at the scene.
Smoot was arrested on July 7 and has been in custody ever since. At the time of his arrest, Smoot was on supervised release for unlawful possession of a firearm by a person convicted of a crime punishable by imprisonment for a term exceeding one year. Smoot now faces formal revocation of his supervised release and additional incarceration, separate from the above-referenced sentence.
In announcing the plea, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Chief Newsham commended the work of the FBI’s Violent Crimes Task Force and MPD officers in the Fifth and Sixth Districts in quickly investigating and arresting Smoot. They also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Kara Traster, Laura Crane, and Anthony Scarpelli of the Violent Crime and Narcotics Trafficking Section, Special Assistant U.S. Attorney Marina Stevenson, Paralegal Specialists Candace Battle and Rommel Pachoca, and Legal Assistants Kate Abrey and Peter Gaboton.
Denison Man Sentenced to 70 Months in Prison for Possession with Intent to Distribute MethamphetamineRead the Press Release
COUNCIL BLUFFS, Iowa – On September 19, 2017, Chief United States District Court Judge John A. Jarvey sentenced Ivan Antonio Cervantes, age 31, of Denison, Iowa, to 70 months in prison for possession of methamphetamine with intent to distribute. Cervantes will also serve four years of supervised release following his imprisonment, announced United States Attorney Kevin E. VanderSchel.
As part of his guilty plea, Cervantes admitted to possessing with the intent to distribute nearly 15 grams of pure methamphetamine when his vehicle was stopped south of Harlan in Shelby County, Iowa, in December of 2016. Cervantes further admitted three underage children were in the vehicle when he possessed the methamphetamine.
The Shelby County Sheriff’s Office, the Cass County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
-END-
Learn more about this release by calling Jason T. Griess at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
Convicted Sex Offender Indicted for Producing Child PornographyRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced today that a convicted sex offender in Reeds Spring, Mo., has been indicted by a federal grand jury for the sexual exploitation of a minor.
Jeffrey Raymond Everett, Jr., 22, of Reeds Spring, was charged in a two-count indictment returned by a federal grand jury in Springfield, Mo., on Wednesday, Sept. 20, 2017. Everett has a prior state conviction for possessing child pornography.
The federal indictment alleges that Everett used a minor to produce child pornography from April 20 to April 30, 2017. Everett is also charged with using the Internet and a cell phone to attempt to entice the minor to engage in illicit sexual activity.
Larson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt.This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Southwest Missouri Cyber Crimes Task Force and the Monett, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Controller at Fontana Metal Forging Company Pleads Guilty to Federal Charges Related to $1.5 Million Embezzlement SchemeRead the Press Release
LOS ANGELES – A Riverside woman who was the controller at a Fontana-based metal forging company pleaded guilty this morning to federal charges stemming from her embezzlement of $1.5 million from her employer.
Jacquelin Dyer, 67, who was the controller and co-general manager at Pacific Forge, Inc., appeared this morning before United States District Judge George H. Wu and pleaded guilty to one count of mail fraud.
As the controller, Dyer was responsible for all aspects of accounting at Pacific Forge, and she was authorized to sign corporate checks for amounts up to $5,000. According to court documents, over the course of approximately 10 years, Dyer used Pacific Forge corporate checks to pay her personal bills. Dyer printed and signed corporate checks under $5,000 that she made appear would be used to pay Pacific Forge vendors, but in reality were mailed to pay her personal expenses.
Dyer pleaded guilty to a mail fraud charge related to a $4,752 check that she mailed to American Express on January 11, 2013 to pay her personal credit card bill. Dyer made false entries in the Pacific Forge books to make this check appear to be a payment to a vendor.
“Utilizing this scheme, defendant [Dyer] made approximately $1,115,526.34 worth of payments towards her personal American Express credit card between 2006 and 2016,” Dyer admitted in a plea agreement filed in United States District Court. “Defendant used approximately $160,000 of the fraudulent proceeds to make payments towards the mortgage on her personal real property.”
In total, Dyer embezzled approximately $1,525,556 of Pacific Forge funds to pay for her mortgage, personal tax payments, and vehicle repair expenses.
As part of the plea agreement, Dyer agreed to forfeit the $160,000 she used to pay for her residence.
As a result of today’s guilty plea, Dyer faces a statutory maximum sentence of 20 years in federal prison when she is sentenced by Judge Wu on January 18.
This case was investigated by the Federal Bureau of Investigation.
This case is being prosecuted by Assistant United States Attorney Bilal A. Essayli of the Riverside Branch Office.
Cleveland man sentenced to nearly three years in prison for illegal demolition of former factoryRead the Press Release
A Cleveland man was sentenced to nearly three years in prison for violating the Clean Air Act by failing to remove asbestos prior to demolishing a former factory in Cleveland, law enforcement officials said.
William S. Jackson, 47, was sentenced to 33 months in prison and ordered to pay $7.8 million in restitution by U.S. Senior District Judge Donald C. Nugent.
Christopher Gattarello leased the former National Acme facility at 170 East 131st Street in Cleveland in June 2011. The 570,000 square-foot facility was built in 1917 and was used for manufacturing for nearly a century. It is located near many homes and a school. Gattarello represented to the lessor that paper and cardboard waste would be recycled at the facility.
In July 2011, a company estimated removing asbestos from the facility would cost $1.5 million.
Around August 2011, Gattarello directed paper and cardboard waste, as well as municipal garbage, be delivered to the facility for recycling. Over the next several months, more garbage, paper and cardboard were delivered than could be handled, and Gattarello had the waste moved inside. By April 2012, most of the facility was filled with garbage.
Gattarello entered into a contract to purchase the facility in 2012. Gattarello intended to demolish the facility and sell any metal removed as scrap.
Jackson operated a Cleveland building demolition company. In July 2012, he submitted a notice of demolition with the Cleveland Division of Air Quality stating there was no asbestos in the National Acme facility. About 10 days later, the CDAQ rejected Jackson’s notice because it was incomplete and stated demolition “may not begin” until a proper notice was submitted and approved. About 10 days after that, on July 21, 2012, Jackson began demolition at Gattarello’s direction.
Asbestos fibers were released into the environment during demolition. Debris accumulated outside the facility from demolition and asbestos in the piles were exposed to the wind and elements.
Gattarello was sentenced to nearly five years in prison for his crimes earlier this year.
“This defendant knowingly ignored regulations designed to protect the public’s health and safety,” U.S. Attorney Justin E. Herdman said. “He and his co-defendants caused irreparable harm to a Cleveland neighborhood.”
“The defendants in this case put unsuspecting workers at great risk and threatened the health and safety of the community when they failed to follow proper procedures for removing asbestos,” said Scot Adair, Acting Special Agent in Charge of EPA’s criminal enforcement program in Ohio. “This case demonstrates that EPA and its law enforcement partners will prosecute those who willingly break environmental laws in an attempt to cut costs.”
“It is both illegal and inexcusable to dump thousands of tons of garbage near a residential neighborhood,” said Ohio Attorney General Mike DeWine. “Residents were subjected to environmental and health hazards and deserve to see those accountable brought to justice.”
“Let these sentencings stand as a warning to those who victimize the public that whether you are the main perpetrator of a fraud, or merely assist in its facilitation, the law will hold all guilty parties accountable,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “The successful prosecution of these individuals is a direct result of the excellent partnership that federal, state and kocal law enforcement has in combating violations of federal law."
This case is being prosecuted by Assistant U.S. Attorneys Brad Beeson and Chelsea Rice following an investigation by the U.S. and Ohio Environmental Protection Agencies, the Ohio Bureau of Criminal Investigation and the Internal Revenue Service.
Clarksville Man Indicted for Making False Statements to Obtain Subsidized Housing BenefitsRead the Press Release
Joseph Fulmore, Jr., 45, of Clarksville, Tenn., was indicted yesterday by a federal grand jury for making false statements in order to obtain public housing benefits, announced U.S. Attorney Mark H. Wildasin of the Middle District of Tennessee.
According to the indictment, on July 6, 2012, Fulmore made application to lease a public housing unit, operated and maintained by the Clarksville Housing Authority (CHA). Federal regulations mandate that applicants for public housing complete an application for admission and continued occupancy as part of an eligibility determination process, which includes disclosing all income, earnings and assets of individuals living in the unit.
The indictment alleges that also in July 2012, Fulmore applied for and obtained an FHA loan to purchase a single family home. The loan application for this property listed income and assets not previously reported to the CHA, including a monthly beneficiary payment in the amount of approximately $2,800.00.
Fulmore subsequently purchased and moved to the single family home and lived there until April 2014, when foreclosure proceedings were initiated against this property. During this time, the indictment alleges that Fulmore continued to make the reduced rental payments for the public housing unit and resumed living there after the foreclosure, until August 2016.
Finally, the indictment alleges that for each of the three subsequent years that Fulmore received the public housing benefits, he submitted annual certifications to the CHA, which falsely reported and concealed his true assets and household income, which allowed him to fraudulently receive a subsidized public housing unit to which he was not entitled.
If convicted, Fulmore faces up to five years in prison and a $250,000 fine.
This case was investigated by the U.S. Department of Housing and Urban Development-Office of Inspector General. Assistant U.S. Attorney Stephanie N. Toussaint is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty in a court of law.
Clarke County Resident Sentenced to 30 Months for Possession of Cocaine Base with the Intent to DistributeRead the Press Release
Acting United States Attorney Steve Butler announces that Jamesin Rich, a 33 year old, resident of Thomasville, Alabama was sentenced today to 30 months incarceration followed by three years of supervised release for possession of approximately 21.3 grams of cocaine base, common known as “crack” cocaine. The cumulative quantity of “crack” cocaine was discovered in Rich’s possession during the search of a residence in Thomasville. It was packaged in individual amounts for sale.
On May 16, 2017, Rich pled guilty to possession with intent to distribute “crack” cocaine.
The Drug Enforcement Administration along with the Thomasville, Alabama Police Department investigated the case and presented it to the United States Attorney’s Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Chief Financial Officer of Non-Profit Pleads Guilty to Theft of Federal Grant FundsRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that RICKEY ROBERSON, age 49, of New Orleans, pled guilty yesterday to one count of theft of federal grant funds.
According to court documents, from at least 2010 to the present, ROBERSON and his wife operated Alternatives Living, Inc., a non-profit that received federal funds from the United States Department of Housing and Urban Development (HUD) in the form of Community Development Block Grants (CDBG). Alternatives Living provided affordable housing to the elderly, families who were homeless, and individuals suffering from mental disabilities. As a condition to receiving federal funds, Alternatives Living agreed to comply with applicable rules and regulations governing the manner and use of the CDBG funds. Applicable program rules, including OMB Circular No. A-122, prohibited the use of CDBG funds for entertainment purposes (i.e., social activities and tickets to shows and sporting events), fundraising, personal tuition costs, and costs of goods or services for personal use. Rules allowed reimbursement for travel costs and conferences only if those costs were related to the mission of the organization and consistent with those costs normally allowed.
ROBERSON pled guilty to using CDBG federal grant funds to pay for his daughter’s cellphone bill in the amount of $4,663. As part of his plea agreement, ROBERSON agreed that he also used federal grant funds to pay for his son’s cellphone bill, personal travel, satellite radio, concert tickets, medical bills for his children, cruise expenses, and repairs to a personal Cadillac Escalade and Audi TT. ROBERSON agreed that the total amount of restitution that he owes exceeds $84,000.
ROBERSON faces a maximum penalty of ten years imprisonment, a maximum fine of $250,000 and a special assessment of $100.00. ROBERSON will owe restitution of more than $84,000 to the United States Department of Housing and Urban Development. U.S. District Judge Kurt D. Engelhardt set sentencing for December 20, 2017.
Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation, the United States Department of Housing and Urban Development, Office of Inspector General, the Office of State Inspector General, and Louisiana Legislative Auditor’s Office in investigating this matter. Assistant U. S. Attorneys Sharan E. Lieberman and Brian M. Klebba, both of the Fraud Section, are in charge of the prosecution.
Charlotte Jeweler Indicted on Fraud Charges in Connection with $3.5 Million Investment SchemeRead the Press Release
CHARLOTTE, N.C. – U.S. Attorney Jill Westmoreland Rose announced today that a Charlotte area jeweler has been indicted on fraud charges in connection with a $3.5 million investment scheme involving jewelry, precious metals and gemstones. A federal grand jury returned the 18-count indictment against Benjamin Abraham, 59, on Tuesday, September 19, 2017, charging him with one count of wire fraud, and multiple counts of concealment money laundering and transactional money laundering. The indictment was unsealed today, following Abraham’s initial appearance.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation, Charlotte Office and David M. McGinnis, Inspector in Charge of the Charlotte Division of the U.S. Postal Inspection Service join U.S. Attorney Rose in making today’s announcement.
According to allegations contained in the indictment, Abraham operated a number of businesses engaged in the wholesale and retail sale of diamonds, precious metals and jewelry, including Benjamin Diamonds, LLC, Benjamin Jewelers, LLC, Global Trading LLC, G&I USA, LLC and other related entities. The indictment alleges that from at least December 2012 through at least May 2017, Abraham executed a financial fraud scheme involving investments in jewelry, precious metals and gemstones, among other things. During the course of the scheme, Abraham induced at least seven victim-investors to invest over $3.5 million, resulting in losses of more than $2 million. The indictment alleges that instead of investing the victims’ money as promised, Abraham used it to fund his lifestyle, to keep his struggling businesses afloat, to pay pre-existing debts, and to make Ponzi-style payments to other victim-investors.
According to court records, to induce his victims to part with their money, Abraham made a number of fraudulent representations, including that the victims’ money would be used for short-term investments in gold or other precious metals, to invest in diamonds and jewelry obtained from estates, and to buy other large diamonds which would be sold for profit. The indictment alleges that Abraham also lied to investors about his past successes and profits from engaging in such investments, misrepresented the security of the investments and made false representations about the rate of return and the duration of the investments. At times, Abraham also induced victims by falsely representing that he had unique access to estate sales due to his connections and that he would be also be investing his own money.
In order to continue the fraud scheme and to avoid detection, the indictment alleges that when victims asked about the status of their investments, Abraham gave numerous false explanations. He also provided victims with checks from accounts that Abraham knew did not have sufficient funds to cover the checks, and continued to lie when he was confronted about the dishonored checks.
According to allegations contained in the indictment, in or around early 2016, after a number of banks refused to maintain bank accounts over which Abraham had signatory authority, Abraham began using bank accounts not associated with his name. The indictment alleges that Abraham formed Global Trading LLC, and caused his wife and an employee to open several bank accounts in the name of that business. The charging document alleges that Abraham did not have signatory authority over the accounts but nevertheless caused financial transactions to be conducted in those accounts. The indictment also alleges that Abraham directed several financial transactions in one of those accounts to conceal information about the proceeds of the investment scheme, including the nature, ownership and source of the funds.
Abraham appeared today before U.S. Magistrate Judge David C. Keesler. The wire fraud count carries a maximum prison term of 20 years and a $250,000 fine. The concealment money laundering charges carry a maximum prison term of 20 years and a fine of $500,000 or twice the value of the property involved in the transaction, whichever is greater, per count. The transactional money laundering charges carry a maximum prison term of 10 years and a $250,000 fine per count.
The details contained in this indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
In making today’s announcement U.S. Attorney Rose thanked USPIS and the FBI for their investigation which led to today’s charges. Assistant United States Attorneys Daniel Ryan and Dallas Kaplan, of the U.S. Attorney’s Office in Charlotte, are in charge of the prosecution.
Charleston heroin dealer sentenced to federal prison for drug crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to three years in federal prison for a heroin crime, announced United States Attorney Carol Casto. Joseph G. Withrow, 29, previously pleaded guilty to distribution of heroin.
Withrow admitted that on August 18, 2016, he sold nearly two grams of heroin to a confidential informant working with the Metropolitan Drug Enforcement Network Team. The drug deal took place at his apartment on Washington Avenue in Charleston. As part of his plea agreement, Withrow further admitted to all the drug trafficking activity charged in the indictment, including that he was responsible for distributing at least 25 grams of heroin in the area.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Buffalo Man Sentenced on Heroin ChargeRead 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 Carlos Laboy, 45, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute 100 grams or more of heroin, was sentenced to 180 months in prison by U.S. District Judge Elizabeth A, Wolford.
Assistant U.S. Attorney Patricia Astorga, who handled the prosecution of the case, stated that between February 2013 and February 2015, Laboy and co-defendant Amber Crouse participated in a heroin conspiracy. The two defendants sold heroin to confidential sources including one individual who claimed that Laboy and Crouse sold heroin to the individual every day for a year.
On February 5, 2015, a search warrant was executed at a residence on Gorton Street in Buffalo. Laboy and Crouse were both present. Officers recovered numerous baggies that contained heroin residue and three cellular telephones. One of the cellular telephones was a number that the confidential sources would contact to set up drug transactions.
Amber Crouse was convicted and sentenced to 17 months in prison.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division.
Berkeley County woman admits to firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – An Inwood, West Virginia woman pled guilty today to a firearms charge, Acting United States Attorney Betsy Steinfeld Jividen announced.
Julie Elizabeth Lipscomb, age 36, pled guilty to one count of “False Statement During the Purchase of a Firearm.” Lipscomb admitted to making a false statement wen purchasing two firearms. The crime occurred in August 2015 in Jefferson County.
Lipscomb faces up to 10 years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Berkeley County man sentenced for illegally possessing a firearmRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Martinsburg, West Virginia man was sentenced today to 84 months incarceration for illegal possession of a firearm, Acting United States Attorney Betsy Steinfeld Jividen announced.
Anthony Jerome Addison, age 39, pled guilty to one count of “Unlawful Possession of a Firearm” in June 2017. Addison admitted to possession a rifle in Jefferson County in June 2016. Addison, having previously been convicted of distribution of cocaine base in United States District Court for the Northern District of West Virginia, is prohibited from possessing firearms.
Assistant U.S. Attorney Danae DeMasi-Lemon prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the West Virginia State Police investigated.
Chief U.S. District Judge Gina M. Groh presided.Berkeley County man sentenced for his role in a heroin distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Charles Wright, 37, of Martinsburg, West Virginia, was sentenced today to 48 months incarceration for heroin distribution, Acting United States Attorney Betsy Steinfeld Jividen announced.
Wright pled guilty to one count of “Aiding and Abetting Interstate Travel in Aid of Racketeering” in June 2017. Wright admitted to traveling between Maryland and West Virginia to aid in a heroin distribution operation in March 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.
Bart M. Davis is Sworn in as United States AttorneyRead the Press Release
POCATELLO – Bart M. Davis has taken the oath of office to become the United States Attorney for the District of Idaho. Davis was nominated by President Donald J. Trump on July 20, 2017, and confirmed by the U.S. Senate on September 14, 2017. He took the oath of office from Ninth Circuit Judge N. Randy Smith.
“I am humbled and honored to continue to serve the great people of Idaho as United States Attorney,” Mr. Davis said. “I am grateful for the special trust and confidence shown me by President Trump, Attorney General Sessions, Senator Crapo, Senator Risch, and all of those who supported me throughout this process. I inherit a very capable office and look forward to joining them in continuing to do great things.”
As U.S. Attorney, Davis is the top-ranking federal law enforcement official in the state of Idaho, having prosecutorial responsibility over 44 counties in Idaho, encompassing more than 83,000 square miles and a population of nearly 1.5 million people. He leads three staffed offices located in Boise, Coeur d’Alene and Pocatello with 56 employees, including 28 attorneys. The office is responsible for prosecuting federal crimes in the district, including crimes related to immigration, terrorism, public corruption, child exploitation, firearms, and narcotics. The office also defends the United States in civil cases and collects debts owed to the United States.
Mr. Davis was born in Rapid City, South Dakota, and was raised in Idaho Falls, Idaho, where he began his legal practice focusing on commercial, regulatory, and transactional work. He also served in the Idaho State Senate for the past 19 years, including as Majority Leader for 15 years, and was a member of the Judiciary and Rules and the State Affairs committees. He represented Idaho as a commissioner to the Uniform Law Commission and is past chairman of The Council of State Governments. He graduated from Brigham Young University in 1978 and from the University of Idaho College of Law in 1980. Mr. Davis is married, has six children and 14 grandchildren.
Bakersfield Man Arrested for Conspiring with Law Enforcement Officers to Sell Methamphetamine and MarijuanaRead the Press Release
BAKERSFIELD, Calif. — Noel Carter, 44, of Bakersfield, was arrested today for conspiring with Bakersfield Police Department officers Damacio Diaz and Patrick Mara to distribute methamphetamine and marijuana that Diaz and Mara seized in the course of their duties as police officers, U.S. Attorney Phillip A. Talbert announced.
On September 14, 2017, a federal grand jury returned a three-count indictment charging Carter with conspiracy to distribute methamphetamine and marijuana, and two counts of possession with intent to distribute methamphetamine. The indictment was initially sealed and was unsealed today.
The indictment alleges that from April 2012 to August 2015, Carter conspired with Mara and Diaz who deliberately failed to submit the seized drugs into the BPD evidence room, and instead provided the stolen narcotics to Carter so Carter could sell those narcotics for profit. The indictment also alleges that Mara took marijuana and provided it to Carter to process so it was suitable for sale. Finally, the indictment alleges that Carter conspired with Mara to unlawfully manufacture, process, and sell marijuana for profit.
Earlier court records indicate that in May 2016, Damacio Diaz pleaded guilty to possessing with the intent to distribute methamphetamine, as well as receiving bribes and making a false income tax return. In June 2016, Mara pleaded guilty to conspiring to distribute, and to possess with the intent to distribute, methamphetamine. Diaz was removed from active duty with the Bakersfield Police Department in approximately February 2015, as was Mara in the summer of 2015. Diaz and Mara are currently serving federal prison sentences.
This case is the product of an investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigation, and the Bakersfield Police Department. Assistant U.S. Attorneys Brian K. Delaney and Angela Scott are prosecuting the case.
If convicted, Carter faces a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Amherst Man Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Connor Dempsey, 20, of Amherst, NY, who was convicted of conspiring to use and maintain a drug-involved premises, was sentenced to three years’ probation by U.S. District Judge Elizabeth A. Wolford.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that on August 17, 2016, co-defendant Joel Jacob signed for a parcel during a controlled delivery by the U.S. Postal Inspection Service. The delivery was made to Jacob’s residence on Campus Drive in Buffalo, a residence he shared with Dempsey. The package, which was ordered over the internet using bitcoins, was sent from Munchen, Germany and contained over 180 grams of MDMA, also known as “Molly.”
During a search of the Campus Drive apartment, officers recovered quantities of: marijuana; LSD; cocaine; THC; Xanax; and ketamine. They also found a digital scale, baggies, empty capsules, other drug paraphernalia, and another mail parcel addressed to a third co-defendant.
Joel Jacob has been convicted and is scheduled to be sentenced on October 4, 2017.
The sentencing is the result of an investigation by Immigration and Customs Enforcement, Homeland Security investigations, under the direction of Special Agent-in-Charge Kevin Kelly; and the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division.
Allen Tax Preparer Pleads GuiltyRead the Press Release
DALLAS — Christopher Lee DeLeon of Allen, Texas, who was one of several tax preparers at Tax Genius in Garland, Texas, appeared in federal court this morning before U.S. Magistrate Judge Paul D. Stickney and pleaded guilty to one count of aiding and assisting in the preparation of a fraudulent tax return, announced U.S. Attorney John Parker of the Northern District of Texas.
Sentencing is set for January 10, 2018, before Chief U.S. District Judge Barbara M.G. Lynn. DeLeon faces a statutory maximum penalty of three years in federal prison and a $100,000 fine. He may also be ordered to pay restitution.
On September 21, 2016, DeLeon and co-defendants Jimmy Luis Briseno, Rene N. Barrera, Sr. and Mike Cano were charged with conspiracy to defraud the IRS and other charges related to the filing of false tax returns. According to the factual resume filed in the case, from January 2011 through February 2012, DeLeon worked as a tax return preparer with Briseno, Barrera, and Cano at Tax Genius offices in Richardson and Garland, Texas. In his plea papers, DeLeon admitted that DeLeon, Briseno, Barrera and Cano all routinely prepared and caused to be electronically filed with the IRS individual income tax returns that contained one or more of the following falsely inflated or fictitious items: false Forms Schedule C; false and fabricated Education Credits, and false items used to inflate and maximize the Earned Income Tax Credit (EITC) on the tax return. DeLeon also stated that co-defendants Briseno and Barrera trained DeLeon in how to file false tax returns in 2011 and 2012. During this period, DeLeon and his co-defendants caused false and fraudulent information and documents to be submitted to the IRS with the intent to fraudulently cause the IRS to pay refunds based on this false tax information.
DeLeon caused the filing of eight false tax returns resulting in a tax loss of $60,618 due to false refunds claimed.
IRS Criminal Investigation is investigating the case. Assistant U.S. Attorney David Jarvis is in charge of the prosecution.
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Wednesday 20 September 2017
Williamson County Resident Sentenced to 30 Years Imprisonment for Cocaine OffenseRead the Press Release
On September 19, 2017, Tyree M. Neal, Jr., 30, of Marion, was sentenced to federal prison for a cocaine offense, United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today.
Neal, who had previously pled guilty to a one-count indictment charging conspiracy to distribute cocaine, was sentenced to 360 months’ imprisonment, to be followed by 6 years’ supervised release, and was fined $400.00. Evidence at the plea and sentencing hearings established that, from at least 2012, through August 2014, Neal was involved with others in the distribution of cocaine in Williamson County. On multiple occasions, Neal sold cocaine to confidential sources working for law enforcement. On September 12, 2014, federal and local law enforcement attempted to arrest Neal on a federal drug warrant. Neal fled from the police in his vehicle, almost striking a police officer and ramming into a police vehicle. Neal then led authorities on a 17 mile, high-speed pursuit, traveling at speeds in excess of 100 m.p.h. and forcing other vehicles off the road. After Neal crashed his vehicle in rural Williamson County, he carjacked a van that was occupied by a young female and three minor children. Additional evidence established that Neal tried to recruit other persons to kill certain witnesses that had cooperated against him. At sentencing, the district court found that Neal was responsible for the distribution of more than 13.4 kilograms of cocaine and 5.9 grams of crack cocaine. Neal’s sentence was enhanced based on his use of violence, obstruction of justice, and reckless endangerment to others while fleeing from the police. Neal has an extensive criminal history and was classified as a Career Offender.
The investigation was conducted by the Southern Illinois Enforcement Group. The Marion Police Department, Williamson County Sheriff’s Office, and United States Marshals Service also assisted in the investigation
Wellford Woman Indicted for Forged PrescriptionsRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Felicia L. Prysock, age 41, of Wellford, South Carolina, was charged in a thirty-count Indictment by a Grand Jury in Columbia for Aggravated Identity Theft, a violation of Title 18, United States Code, § 1028A; False Statements Related to Health Care Matters, a violation of Title 18, United States Code, § 1035(a)(2); and Obtaining a Controlled Substance by Fraud, a violation of Title 21, United States Code, § 843(a)(3).
The indictment alleges that Prysock filled ten different prescriptions forged in the names of her children and had Medicaid pay for them. The conduct occurred between July 2016 and April 2017. The investigation revealed that these prescriptions were for Schedule II opioids, such as oxycodone, hydrocodone, and Adderall.
Prysock’s indictment coincides with Opioid and Heroin Epidemic Awareness Week. According to a White House press release, “approximately 64,000 Americans died last year of drug overdoses in the United States, the majority of them from opioids. The number of infants born with opioid dependence has more than quadrupled in the past decade. Nearly 100 Americans, on average, die each day from opioid overdoses, and overdose rates are highest among people between 25 to 54 years old, robbing so many of our young people of their potential.”
United States Attorney Beth Drake said, “Our office continues to vigorously prosecute those who deal prescription drugs to our most vulnerable citizens, many of whom suffer from debilitating addictions.”
Ms. Drake stated the statutorily mandated penalty faced by Prysock for a violation of Title 18, United States Code, § 1028A is imprisonment for two years, with a potential fine up to $250,000. The maximum penalty for a violation of Title 18, United States Code, § 1035(a)(2) is five years in prison and a fine of $250,000. The maximum penalty for a violation of Title 21, United States Code, § 843(a)(3) is four years in prison and a fine of $250,000.
The United States Department of Health and Human Services, Office of the Inspector General, along with the United States Drug Enforcement Administration, investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.
The United States Attorney stated that all charges in Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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U.S. Navy Sailor Pleads Guilty to Production of Child PornographyRead the Press Release
NORFOLK, Va. – A U.S. Navy Petty Officer pleaded guilty today to the production of child pornography.
According to the statement of facts filed with the plea agreement, Gregory Kyle Seerden, 31, currently stationed in San Diego, California, used his iPhone to record himself engaging in sexually explicit conduct with a sleeping child in January 2017.
Seerden faces a mandatory minimum of 15 years and a statutory maximum sentence of 30 years in prison when sentenced on January 18, 2018. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Cliff Everton, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Norfolk Field Office, made the announcement after U.S. District Judge Raymond A. Jackson accepted the plea. Assistant U.S. Attorney Elizabeth M. Yusi and Special Assistant U.S. Attorney David A. Layne are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:17-cr-67.
Two Real Estate Investors Plead Guilty to Bid Rigging in Northern CaliforniaRead the Press Release
Two real estate investors pleaded guilty for their role in conspiracies to rig bids at public real estate foreclosure auctions in Northern California, the Department of Justice announced.
Joseph J. Giraudo pleaded guilty to two counts of bid rigging, and Kevin B. Cullinane pleaded guilty to one count of bid rigging. Both were charged in an indictment returned by a federal grand jury in the U.S. District Court for the Northern District of California on October 22, 2014.
According to court documents, Giraudo and Cullinane participated in conspiracies to rig bids by agreeing to refrain from bidding against other co-conspirators at public real estate foreclosure auctions. Giraudo participated in conspiracies in San Mateo and San Francisco counties, and Cullinane participated in a conspiracy in San Mateo County. The conspiracies began as early as August 2008 and continued until January 2011.
The primary purpose of the conspiracies was to suppress competition in order to obtain selected properties offered at San Mateo County and San Francisco County public foreclosure auctions at noncompetitive prices.
Today’s guilty pleas are the result of the Department’s ongoing investigation into bid rigging at public real estate foreclosure auctions in San Francisco, San Mateo, Contra Costa, and Alameda counties, California. To date, 62 individuals have agreed to plead or have pleaded guilty.
These investigations are being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Office. Anyone with information concerning bid rigging or fraud related to real estate foreclosure auctions should contact the Antitrust Division’s San Francisco Office at 415-934-5300 or call the FBI tip line at 415-553-7400.
Two Men Indicted on Federal Firearms ChargesRead the Press Release
Columbia, South Carolina ------ United States Attorney Beth Drake announced today that Cedric K. Reddick and Jonathan Donnell Thompson, a/k/a “Joe-Nae” were charged in a 4-count indictment with conspiracy to steal firearms, theft of firearms from a licensed federal firearms dealer, possession of a stolen firearm, and felon in possession of a firearm, all in violation of Title 18, United States Code, Sections 371, 922(g)(1), 922(j), and 922(u). The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Sumter County Sheriff’s Department, and the Richland County Sheriff’s Department and is assigned to Assistant United States Attorney Stacey D. Haynes of the Columbia office for prosecution.
The United States Attorney stated that all charges in Indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Two Greenville Men Guilty of Fraud Involving ImmigrationRead the Press Release
Columbia, South Carolina –------- United States Attorney, Beth Drake, announced today the Michael Ruiz, age 53, and James Mondell, age 55, both of Greenville, South Carolina, entered pleas of guilty as charged in Greenville, South Carolina, before United States Senior District Judge Henry M. Herlong, Jr. Both defendants pled guilty to two counts of Wire Fraud which carries a penalty of up to 20 years in prison. Additionally, Ruiz pled guilty to three counts of impersonating an official of the United States Immigration Service, each count of which carries a penalty of up to three years in prison. A sentencing hearing has been set for December 5, 2017.
The facts presented by Assistant United States Attorney David C. Stephens at the guilty plea hearing established that Ruiz devised a scheme in which he pretended to be an Immigration Official and offered to take care of illegal aliens’ immigration problems in exchange for a fee. A number of aliens agreed to pay Ruiz such fees for his services. Ruiz did absolutely nothing for these aliens, however, he demanded more and more money ultimately threatening to have them deported if he did not receive further payments. Additionally, Ruiz told one alien that he could have his family in Guatemala enter the United States and gain legal status in exchange for a fee. This led to numerous international telephone calls which are the basis for the wire fraud charges. Mondell played a lesser role in the offense. Ruiz would have Mondell with him when he met with the aliens and due to Mondell’s size his presence alone served to intimidate the victims. Additionally, Mondell was involved in handling the payments which were often in the form of money orders which Mondell would cash for Ruiz. The known dollar loss is approximately $60,000.00.
United States Attorney Drake said that this was a significant case, particularly in light of the fact that Ruiz had been out of jail less than six months for committing the same type of offense in New Jersey. She commended agents of ICE-Homeland Security Investigations for their excellent work in the case along with Assistant United States Attorney David C. Stephens, of Greenville, who handled the investigation.
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Twenty-nine people indicted for stolen firearms and methamphetamine distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Twenty-nine people have been named in two indictments handed down by a federal grand jury sitting in Clarksburg on August 29, 2017, Acting United States Attorney Betsy Steinfeld Jividen announced.
The first indictment was handed down alleging that a group of individuals from West Virginia conspired with one another to steal a large amount of firearms, sell those firearms, and barter those firearms for drugs in Upshur County, West Virginia and elsewhere from October 2016 to August 2017.
Those named in the 19-count firearms indictment are:• Michael Lynn Lough, 32, Buckhannon, West Virginia
• Timothy Glen Woods, 28, French Creek, West Virginia
• Lisa Kay Knight, 24, Upshur, West Virginia
• Johnny Lee Riley, 28, Ellamore, West Virginia
• Dustin Cain Anderson, 23, Buckhannon, West Virginia
• Benjamin Tyler Nazelrod, 26, Buckhannon, West Virginia
• Aaron Matthew McLain, 36, Volga, West Virginia
• Carla Denise Jones, 55, Volga, West Virginia
• Bobby Ray Johnson, Jr., 27, Buckhannon, West Virginia
• Roger Lee Clem, II, aka “Woody,” 30, Weston, West Virginia
• Kimberly A. Warner, aka “Kimmie,” 26, Buckhannon, West Virginia
• Danielle Paige Tanner, 22, Glen Allen, VirginiaThe second indictment was handed down, alleging another group of individuals from West Virginia conspired with one another to distribute methamphetamine in Upshur County from March 2016 to August 2017.
Those named in the 50-count methamphetamine distribution indictment are:
• Amanda Mae Bachman, aka “AB,” 33, Buckhannon, West Virginia
• Rocky Douglas Idleman,, 38, Clarksburg, West Virginia
• Thunderbolt Dean Whaley, 40, French Creek, West Virginia
• Cassandra Tahj Riffle, aka “Cassie Hickman,” 31, Buckhannon, West Virginia
• Melissa Ann Masuga, 33, Buckhannon, West Virginia
• Elizabeth Ellen Golden, aka “Liz,” 42, Buckhannon, West Virginia
• Steven Larry Harper, aka “Skip,” 39, Buckhannon, West Virginia
• Reggie Joe McLain, 37, Buckhannon, West Virginia
• Brett Allen Reed, 23, Buckhannon, West Virginia
• Jerry Lee Stewart, Jr., 27, Weston, West Virginia
• Angela Dawn White, 46, Buckhannon, West Virginia
• Clarrisa Michelle Adkins, 24, Wallace, West Virginia
• Michael Lewis Woodyard, 26, Clarksburg, West Virginia
• Crystal Michelle Haggarty, 34, Bridgeport, West Virginia
• Cassie Chase Poland, 18, Fairmont, West Virginia
• Casey Jo Richards, 28, Bridgeport, West Virginia
• Austin Jay Robinson, 18, Belington, West Virginia“This case is one more example of what can be achieved when law enforcement agencies collaborate and work together to rid our communities of illegally-obtained weapons and drugs. We will continue these efforts to prosecute those who continue to plague our state with methamphetamines and other harmful illegal substances,” said Betsy Steinfeld Jividen, Acting U.S. Attorney.
“Today’s round-up is the result of a comprehensive investigation of a regionally significant armed drug trafficking organization based in Upshur County, West Virginia, that not only distributed large amounts of methamphetamine, but also endangered the public through the illegal acquisition, use and transfer of firearms as part of their criminal activity. This case is an outstanding example of the success law enforcement can have when agencies work together to protect the public we serve,” said Stuart L. Lowrey, Special Agent in Charge, ATF Louisville Field Division (KY/WV).Assistant U.S. Attorney Stephen D. Warner is prosecuting the cases 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 are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.