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Wednesday 20 September 2017
Trinitarios Gang Member Sentenced to 30 Years in Prison for Murder of 16-Year-Old BoyRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that JUAN MARTINEZ, a/k/a “KJ,” was sentenced today by United States District Judge Paul A. Engelmayer to a term of 30 years in prison for his participation in a racketeering conspiracy and in the murder of 16-year-old Ka’Shawn Phillips on September 5, 2005. MARTINEZ was a member of the Yonkers faction of the violent Trinitarios gang (the “Trinitarios Gang”).
Acting Manhattan U.S. Attorney Joon H. Kim said: “On a Labor Day weekend 12 years ago, Juan Martinez recruited a hit squad of his fellow Trinitarios Gang members to murder 16-year-old Ka’Shawn Phillips, who had earlier been involved in a fistfight with Martinez. The Trinitarios Gang members recruited by Martinez brutally shot, beat, and stabbed Phillips to death in the middle of the street. While nothing can bring Phillips back, we hope his family finds a measure of solace in the justice achieved by today’s sentence. Together with our law enforcement partners, we will continue to aggressively prosecute all those who engage in these senseless acts of violence in our communities.”
In imposing sentence, Judge Engelmayer noted the “savagery of the attack,” and observed that Martinez was “personally responsible for the slaughter” of Phillips and that Martinez’s crime was “as wrongful and evil as a crime can be.”
According to the Indictment, and other documents filed in the case, as well as statements made during the sentencing proceedings:
The Trinitarios Gang was a violent gang that was formed in the New York state prison system in the early 1990s and subsequently spread to the streets. JUAN MARTINEZ, a/k/a “KJ,” was a member of the Yonkers faction of the Trinitarios Gang. On September 5, 2005, MARTINEZ – who was 30 years old at the time – was involved in a fistfight with Ka’Shawn Phillips at a pickup basketball game in Yonkers. MARTINEZ retaliated first by attacking Phillips with a machete, and then by enlisting members of the Bronx faction of the Trinitarios Gang to attack Phillips. Armed with guns, knives, and swords, a mob of Trinitarios Gang members shot, beat, and stabbed Phillips to death. He was 16 years old.
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In addition to the prison term, MARTINEZ, 42, of Yonkers, New York, was sentenced to five years of supervised release.
Since 2009, as part of “Operation Patria” and “Operation Green Haze,” this Office has charged at least a combined 149 members and associates of the Trinitarios Gang.
Mr. Kim praised the work of the New York City Police Department’s Bronx Gang Squad, the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ Joint Firearms Task Force, the Drug Enforcement Administration, and Immigration and Customs Enforcement’s Homeland Security Investigations.
The case is being handled by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Rachel Maimin and Micah W.J. Smith are in charge of the prosecution.
Trial Date Scheduled for Defendant Charged with Distribution of Fentanyl That Resulted in the Death of AnotherRead the Press Release
LOUISVILLE, Ky. – The Louisville man recently charged by federal grand jury indictment with distribution of fentanyl that resulted in the death of another, is scheduled for jury trial on November 13, 2017, before Senior Judge Charles R. Simpson III, today announced United States Attorney John E. Kuhn, Jr.
Jihad A. Haqq, 37, remains in federal custody as ordered by Magistrate Judge Colin H. Lindsay on September 13, 2017.
According to the single-count indictment, on March 11, 2017, in Jefferson County, Kentucky, defendant Haqq knowingly and intentionally distributed a mixture and substance containing a detectable amount of fentanyl. Fentanyl is a schedule II controlled substance. The death and serious bodily injury of P.S. was the alleged result of the use of the substance distributed by Haqq.
If convicted of the offense at trial, defendant Haqq could be sentenced to at least 20 years in prison including life, fined $1,000,000 and ordered to serve up to and including a life period of supervised release.
This case is being prosecution by Assistant United States Attorneys Robert B. Bonar and Erin G. McKenzie. This case is being investigated by the United States Drug Enforcement Administration (DEA) and the Louisville Metro Police Department (LMPD).
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The indictment of a person by a Grand Jury is an accusation only and that person is presumed innocent until and unless proven guilty
haqq_jihad_indictment.pdfTen Charged in Broome County Methamphetamine and Money Laundering ConspiraciesRead the Press Release
SYRACUSE, NEW YORK – Nine people arrested today are named in a federal methamphetamine and money laundering conspiracy indictment unsealed in court in Binghamton, New York, announced Acting United States Attorney Grant C. Jaquith, DEA Special Agent in Charge James J. Hunt, Postal Inspector in Charge Shelly Binkowski, and New York State Police Superintendent George P. Beach, II.
The Indictment alleges that the ten coconspirators engaged in a conspiracy from January 2015 to September 5, 2017, to possess with intent to distribute and distribute in excess of 50 grams of methamphetamine. Four of the defendants arrested today are alleged to have conspired to launder drug proceeds using Western Union wire transfers, bank transfers, and deposits. The indictment also contains forfeiture allegations.
The following defendants are charged in the indictment and made court appearances today:
Alonzo Lamar Harris, a/k/a “L” 42, of Youngstown, Arizona
Charles Green, a/k/a “C” 42, of Endicott, New York
Akuan Johnson, a/k/a “Bleek” 38, of Binghamton, New York
Vincent Harrell, a/k/a “VI” 39, of Endicott, New York
Kenneth Wilson, a/k/a “KB” 46, of Endicott, New York
Rachel Millard, a/k/a “R” 30, of Endicott, New York
Jolene Barrett, 41, of Johnson City, New York
Misti Evans, 37, of Endicott, New York
Amanda Kamp, 37, of Deposit, New York
One additional defendant is being sought in connection with this indictment.
The methamphetamine conspiracy charge filed against Alonzo Lamar Harris, Charles Green, Akuan Johnson, Vincent Harrell, Kenneth Wilson, Rachel Millard, Jolene Barrett and Misti Evans carries a minimum sentence of ten years and a maximum sentence of life imprisonment, a fine of up to $10 million dollars, and a term of supervised release of at least 5 years and up to life. Akuan Johnson, Vincent Harrell, and Kenneth Wilson could face enhanced penalties if convicted. Amanda Kamp faces a sentence of imprisonment of up to 20 years, a fine of up to $1 million dollars, and a term of supervised release of at least 3 years and up to life, if convicted.
Alonzo Lamar Harris, Charles Green, Akuan Johnson, and Rachel Millard are also charged with conspiracy to launder drug proceeds and face a maximum sentence of up to 20 years imprisonment, a fine of up to $500,000.00, and a term of supervised release of up to three years.
A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
“As the allegations in this indictment illustrate, we are committed to working with federal, state, and local law enforcement to dismantle drug trafficking organizations that prey on the people in our communities for profit. We must stop both the flow of methamphetamine from the southwest to our Southern Tier and the movement of drug proceeds back to perpetuate the peddling of this poison,” said Acting United States Attorney Grant C. Jaquith
DEA New York Special Agent in Charge James J. Hunt stated, “Mexican drug traffickers succeeded in flooding the market with opioids, and now they are trying to do the same with methamphetamine. These arrests demonstrate that DEA and our law enforcement partners are determined to not let that happen.”
U.S. Postal Inspection Service, Inspector in Charge Shelly Binkowski said, “We simply cannot and will not allow drug trafficking organizations to use our nation’s mail system to facilitate the transport of illegal drugs, which continue to destroy the lives of many through addiction. Today’s arrests should send a strong message to drug traffickers that the United States Postal Inspection Service will commit the resources necessary to protect our employees, customers, and the U.S. Mail. Together with our law enforcement partners we will put a stop to these criminal enterprises.”
“Once again strong law enforcement partnerships have disrupted another illegal narcotic and money laundering operation,” said New York State Police Superintendent George P. Beach II. “The arrests and indictments of these ten individuals will not only keep harmful narcotics such as methamphetamine off our streets, but they will also put an end to the dangerous cycle of criminal activities that threaten our neighborhoods as a result of these drugs. We will continue to work together to keep these harmful narcotics from infiltrating our communities.”
The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
This case is being investigated by the United States Drug Enforcement Administration (DEA)-Syracuse Resident Office, the United States Postal Inspection Service, the New York State Police, and the Broome County SIU Drug Task Force, including the Vestal Police Department, Endicott Police Department, Binghamton Police Department, Johnson City Police Department, Waverly Police Department, Broome County Sheriff’s Office, Tioga County Sherriff’s Office, and is being prosecuted by Assistant United States Attorney Nicolas Commandeur.
Stockton Man Sentenced to 12 Years in Prison for Dealing Firearms Without a LicenseRead the Press Release
SACRAMENTO, Calif. — Jason Prom, 23, of Stockton, was sentenced today by U.S. District Judge Kimberly J. Mueller to 12 years in prison for conspiring to deal firearms without a license, dealing firearms without a license, and being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between January and June 2016, Prom led a nine-person, interstate conspiracy to sell firearms without possessing the required federal license. During this time, members of the conspiracy illegally sold a total of 47 firearms to undercover agents in Stockton and Las Vegas. The firearms included five automatic weapons, a short-barreled rifle, and at least half a dozen guns with obliterated serial numbers. They also included two stolen guns and another half-dozen guns that had never been serialized. Many of these firearms were military-style assault weapons.
Prom himself sold the majority of the weapons and several high-capacity magazines to the undercover agents. He planned out-of-state supply trips, placed orders for semi-automatic Glocks to be converted to automatics, negotiated prices, and supervised the removal of serial numbers.
Prior to January 28, 2016, Prom had been convicted of two felonies and was prohibited from possessing any firearm. He was on parole for these felony convictions during the entirety of the conspiracy.
On July 21, 2016, Prom was indicted along with Kenny Prach, 22, of Las Vegas; Gary Loch, 28, of Oregon; Stockton residents Ariana Diaz, 22; Adam Nhem, 21; Hilberto Arevalos, 36; Sean Chaichanhda, 25; and Ronnie Dethvongsa, 26.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Stockton Police Department and the Las Vegas Metropolitan Police Department. Assistant U.S. Attorneys Amanda Beck and Richard Bender are prosecuting the case.
Prom and four co-defendants have pleaded guilty. They are scheduled to be sentenced as follows: Prach on September 27, Dethvongsa on October 11, Diaz on November 8, and Arevalos on December 6.
Charges are pending against Loch and Chaichanhda. Nhem has not been arrested. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Senior MARTA executive pleads guilty to false invoice scam causing MARTA to pay $500,000 for work never performedRead the Press Release
ATLANTA - Joseph J. Erves, MARTA’s former Senior Director of Operations, has pleaded guilty in federal court to orchestrating a false invoice scheme that resulted in MARTA paying more than $500,000 for maintenance work that was never performed and for funneling most of the money back into his personal bank accounts.
“Erves was entrusted to use taxpayer dollars to operate MARTA effectively and responsibly,” said U.S. Attorney John A. Horn. “His theft of $500,000 in MARTA funds was a blatant display of his desire for self-enrichment at the expense of the public interest.”
According to U.S. Attorney Horn, the charges, and other information presented in court: the Metropolitan Atlanta Rapid Transit Authority (“MARTA”) is the principal public transportation operator in the Atlanta metropolitan area, providing fixed rail and bus service to more than 500,000 passengers per weekday. Formed in 1965, MARTA is a multi-county governmental agency with a 2016 annual budget of more than $880 million.
From 1993 to 2017, Erves worked for MARTA, ultimately serving as its Senior Director of Operations. In that position, Erves oversaw the maintenance of all of MARTA’s buses and rail cars and had the authority to approve payments up to $10,000 to vendors for work performed on behalf of MARTA.
Beginning in or about 2010, Erves retained three different vendors purportedly to perform maintenance projects for MARTA, including repairing brake testing equipment and fixing various MARTA tools and equipment. From approximately June 2010 to December 2016, Erves had fake invoices prepared on behalf of the three vendors for more than 40 maintenance projects for which no work was performed.
Erves then used the false invoices as bases to authorize payments to the three vendors. In many cases, Erves personally approved payments to the vendors knowing that the vendors had not performed any work for MARTA.
After being paid, the three vendors funneled most of the money received from MARTA into Erves’s personal bank accounts. Subsequently, Erves used the money deposited into his accounts to pay personal expenses, such as multiple purchases at high-end department stores and the purchase of a Porsche 911. Based on Erves’s authority and representations, MARTA paid the three vendors more than $500,000 for maintenance projects where no worked was actually performed.
On August 24, 2017, Erves, 52, of Lithonia, Georgia, was charged via criminal information with one count of Federal Program Theft. Erves has pleaded guilty to the information.
The Federal Bureau of Investigation and the MARTA Police Department are investigating this case.
Assistant U.S. Attorneys Jeffrey W. Davis and Alison Prout are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Second Individual Charged with Smuggling Tiger CubRead the Press Release
Assistant U.S. Attorneys Melanie K. Pierson (619) 546-7976
and Michelle L. Wasserman (619) 546-8431
NEWS RELEASE SUMMARY – September 18, 2017
SAN DIEGO – A second man, Perris resident Eriberto Paniagua, has been charged in the smuggling of a Bengal tiger cub into the United States from Mexico on August 23, 2017.
Paniagua, who allegedly told officials at the Otay Mesa Port of Entry that the Bengal tiger cub at his feet was merely a “cat,” was indicted by a federal grand jury and made his first court appearance today.
According to the indictment unsealed today, Paniagua conspired with the driver of the car, Luis Valencia, and others to knowingly import a tiger cub into the United States. Both defendants are charged with one count of conspiracy and one count of smuggling contrary to law.
All species of tigers are listed as endangered under the Endangered Species Act, and are protected under Appendix I of the Convention on International Trade in Endangered Species. To legally import an endangered species into the United States requires a permit from the U.S. Fish & Wildlife Service, and the importation must be accompanied by a Declaration Form 3-177 filed with Fish & Wildlife.
The Bengal tiger (Panthera tigris tigris) is the most populous subspecies of tiger. The Bengal tiger is native to India, Bangladesh, Nepal and Bhutan. According to the World Tiger Recovery Project, there are only 2,500 wild specimens on earth and the population of Bengal tigers is decreasing.
During today’s arraignment, Paniagua was released on a $25,000 personal surety bond and ordered to appear for a motion hearing/trial setting October 16, 2017 at 2:00 pm before U.S. District Judge Anthony J. Battaglia.
DEFENDANTS Criminal Case No. 17CR2856-AJB
Luis Eudoro Valencia Age: 18 Perris, California
Eriberto Paniagua Age: 21 Perris, California
SUMMARY OF CHARGES
Conspiracy 18 U.S.C. § 371
Maximum penalty: 5 years’ prison, fine of $250,000
Smuggling/Importation Contrary to Law, 18 U.S.C. § 545
Maximum penalty: 20 years’ prison, fine of $250,000, or twice the gross gain or loss caused by the offense, restitution, forfeiture of proceeds generated from the, five years of supervised release.
AGENCIES
U.S. Fish & Wildlife Service
Homeland Security Investigations
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Santa Clara Luxury Insurance Broker Sentenced to Five Years in Prison for Theft from Widow’s Insurance PolicyRead the Press Release
SAN JOSE – Gary Thornhill was sentenced today to serve 60 months in prison for wire fraud and mail fraud in connection with a scheme to steal more than a million dollars from a client’s trust account, announced United States Attorney Brian J. Stretch and Federal Bureau of Investigation Special Agent in Charge John F. Bennett. The sentence was handed down by the Honorable Lucy M. Koh, U.S. District Court Judge, after Thornhill pleaded guilty to the crimes on June 7, 2017.
Thornhill, 65, of Santa Clara, admitted he used his position in a boutique insurance brokerage to withdraw funds from a widow’s client trust account. As part of his plea, Thornhill admitted he is a licensed insurance broker who owned and operated a boutique insurance brokerage in Santa Clara. In 1998, he sold an insurance policy to a married couple and, after the husband passed away in 2005, the widow became the sole insured of the plan. In or about February 2008, Thornhill became the trustee of the entity that was the legal owner of the policy. Thornhill acknowledged that he owed a fiduciary duty to the widow both as his client and as the trustee for the entity that managed the insurance policy. Thornhill admitted that instead of acting in his client’s best interest, he transmitted written requests for funds to be drawn against the cash value of the widow’s insurance policy—he did so without the widow’s prior knowledge, consent, or authorization. Specifically, Thornhill admitted he faxed a request for disbursement from the existing cash value of the policy in the net amount of $800,000. After receiving the check in the mail, Thornhill deposited it into a bank account of which he was the only authorized signatory. Thornhill admitted he transferred all of the funds into a personal bank account and spent all of the funds he had obtained from the policy on personal expenses that were unrelated to his client. He then doctored the account statements before they were given to the client, in order to conceal his scheme.
As a result of his scheme, Thornhill obtained nearly $1.5 million in unauthorized funds from his client’s policy that he used for his own personal benefit and purposes. Thornhill pleaded guilty to one count of wire fraud, in violation of 18 U.S.C. § 1343, and one count of mail fraud, in violation of 18 U.S.C. § 1341.
During today’s sentencing, Judge Koh remarked that the defendant “really took advantage of this family,” and decided to steal from them despite, “a long-standing financial relationship with this family” that stretched back almost twenty years.
In addition to the prison term, Judge Koh sentenced Thornhill to three years of supervised release and ordered him to pay $1,409,843.90 in restitution. Judge Koh ordered the defendant to self-surrender and begin serving his sentence no later than November 15, 2017.
Assistant United States Attorney Timothy J. Lucey is prosecuting the case with the assistance of Laurie Worthen. The prosecution is the result of an investigation the by the Federal Bureau of Investigation.
San Diego Finance Executive and Real Estate Broker Charged with $50 Million FraudRead the Press Release
Assistant U.S. Attorneys Emily W. Allen (619) 546-9738 and Andrew P. Young (619) 546-7981
NEWS RELEASE SUMMARY – September 19, 2017
SAN DIEGO – Financial executive Peter Cash Doye and notary public and real estate broker Raquel Reid were indicted today for their alleged roles in a massive scheme that generated nearly $50 million in fraudulently-obtained loan proceeds.
According to the indictment, the defendants defrauded lenders into making enormous loans against four multi-million dollar mansions in La Jolla and Del Mar, then used forged documents to make it appear that the loans had been paid off – thereby enabling them to secure additional loans from new lenders who believed the mansions were owned “free and clear.”
According to the indictment, Doye, a senior executive at the real estate investment firm known both as Conix, Inc. and Variant Commercial Real Estate (“VCRE”), negotiated the financing from unsuspecting lenders and investors based on a host of lies about the collateral used to secure the loans. To pull of the scam, Doye, Reid, and their co-conspirators created forged real estate lien “releases” and recorded fraudulent records at the San Diego County Recorder’s Office, wreaking havoc on the chain of title for these homes. Reid notarized the forged documents, helping to make the fraudulent paperwork appear authentic.
Doye’s business partner Courtland Gettel and Arizona attorney Jeffrey Greenberg have each pleaded guilty to participating in the scheme. According to their plea agreements, Gettel was the owner of Conix and VCRE, which refurbished single-family homes, purchased distressed debt, and purchased and refurbished commercial real estate projects.
As part of his guilty plea in 2016, Gettel admitted that he and Doye acquired the high-end homes in La Jolla and Del Mar by claiming they would be used as luxury rentals and investment properties—although in fact, Gettel and Doye lived in the properties along with their families. When they needed money to fund other business deals, Gettel and Doye began negotiating with new lenders, pretending that the first loans never existed or had already been paid off. Greenberg admitted that he used his expertise as a lawyer to generate and record fraudulent records, making it appear that prior loans were paid off, to help close the fraudulent deals.
In late 2014, the lenders uncovered the fraud, and began to discover that their secured interests in the properties were worthless. In response to questions from these lenders, Doye, Reid and Gettel agreed to falsely deny knowing anything about the fraudulent loans, and created yet more fraudulent documents to cover their tracks. For example, Reid destroyed her notary book and cut up her notary stamp, and then falsely reported to the California Secretary of State that it had been lost.
But the group defaulted on their obligations to repay the loans, leaving the lenders to dispute the validity of their interests and resulting in tens of millions of dollars in losses from unpaid loans. As part of their pleas, Gettel and Greenberg must forfeit the proceeds they stole from the various lenders and pay restitution to the victims. Doye and Reid were charged with criminal forfeiture as part of the indictment.
Gettel has also admitted that after his guilty plea and while he was awaiting sentencing, he arranged even more fraudulent real estate transactions. He has agreed to recommend a correspondingly higher sentence as a result of his ongoing fraud. Gettel is scheduled to be sentenced before U.S. District Judge William Q. Hayes on October 17, 2017, at 10:00 am. Greenberg was disbarred from practicing law in Arizona on October 6, 2016. Greenberg is scheduled to be sentenced before U.S. District Judge William Q. Hayes on October 2, 2017, at 9:00 am.
Doye and Reid are expected to make their initial appearances before U.S. Magistrate Judge Karen S. Crawford on September 21, 2017 at 2:00 pm.
*The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
DEFENDANTS
Peter Cash Doye Age: 41 San Diego, CA
Raquel Reid Age: 38 San Diego, CA
CHARGES
Count One (both defendants): Wire and Mail Fraud Conspiracy, in violation of 18 U.S.C. § 1349
Counts Two through Six (Doye only; both defendants as to Count Three): Wire Fraud, in violation of 18 U.S.C. § 1343
Counts Seven through Nine (Doye only as to Count Seven, both defendants as to Counts Eight and Nine): Mail Fraud, in violation of 18 U.S.C. § 1341
Maximum Penalties per count: 20 years’ imprisonment, $250,000 fine, $100 special assessment, restitution
Counts Ten and Eleven (both defendants): Aggravated Identity Theft, in violation of 18 U.S.C. § 1028A
Maximum Penalties: mandatory 2 years’ imprisonment, consecutive to any other term of imprisonment, $250,000 fine, $100 special assessment, restitution.
Count Twelve (Reid only): False Statements to Federal Agents, in violation of 18 U.S.C. § 1028A
Maximum Penalties: 5 years’ imprisonment, $250,000 fine, $100 special assessment, restitution.
DEFENDANTS PREVIOUSLY CHARGED
Jeffrey Greenberg, 16CR1076-WQH and 1077-WQH Age: 67 Tucson, AZ
Courtland Gettel, 16CR1099-WQH Age: 43 Coronado, CA
Wire Fraud Conspiracy, in violation of 18 U.S.C. § 1349
Maximum Penalties: 20 years’ imprisonment, $250,000 fine, $100 special assessment, restitution.
AGENCIES
Federal Bureau of Investigation
Roger Arthur Beu, Jr. Sentenced to 41 Months in Prison for Conspiring to Submit Fraudulent Tax Returns and Failing to Register as a Convicted Sex OffenderRead the Press Release
KNOXVILLE, Tenn.- On September 20, 2017, Roger Arthur Beu, Jr., 57, of Harriman, Tennessee, was sentenced by the Honorable Thomas W. Phillips, Senior U.S. District Judge, to serve 41 months in prison for his role in preparing and submitting fraudulent federal tax returns to the Internal Revenue Service (IRS) and for failing to register on the Tennessee Sex Offender Registry. Following his release from prison, Beu will be supervised by U.S. Probation for three years. He was also ordered to pay restitution to the IRS.
Beu pleaded guilty to two indictments in April 2017. The first indictment charged that as a paid tax preparer, he assisted in the preparation of several fraudulent federal income tax forms submitted to the IRS between 2009 and 2013 in a scheme to defraud the IRS. The fraudulent tax forms pertained to several businesses owned by Morgan County businessman Joseph Armes, Jr. Armes previously pleaded guilty and is awaiting sentencing. The tax fraud scheme defrauded the IRS of more than $1.4 million in tax revenue.
The second indictment charged that, having previously been convicted of sexual battery by an authority figure in 2009, Beu failed to register with the Tennessee Sex Offender Registry after he moved from Indiana to Roane County, Tennessee in August 2016.
U.S. Attorney Nancy Stallard Harr praised the cooperative efforts of the investigators in this case and said, “In addition to pursuing tax fraud offenders, the U.S. Attorney’s Office is committed to aggressively enforcing federal laws enacted to ensure that our citizens are aware of the whereabouts of convicted sex offenders living in our communities.
"Our core mission is the enforcement of our nation’s tax laws," stated Tracey D. Montaño, Special Agent in Charge (SAC) of the IRS-Criminal Investigation Nashville Field Office. “To build faith in our nation’s tax system, honest taxpayers need to be reassured that everyone is paying their fair share. IRS-Criminal Investigation, together with the Department of Justice, will continue to investigate and prosecute those who defraud our tax system by aiding in the filing of false returns,” added SAC Montaño.
These investigations were conducted by IRS-Criminal Investigation, Federal Bureau of Investigation, U.S. Department of Energy’s Office of Inspector General, and U.S. Marshals Service. Assistant U.S. Attorney Matthew Morris represented the United States in the court proceedings.
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Rochester Woman Sentenced for Her Role in Fraud SchemeRead 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 Kassandra Whylly, 21, of Rochester, NY, who was convicted of financial institution fraud, was sentenced to 15 months in prison by U.S. District Judge Elizabeth A. Wolford. The defendant was also ordered to pay more than $9,000 in restitution to the ESL Federal Credit Union.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that between April 2016 and November 2016, the defendant, along with co-defendant Thomas Porter, Jr., executed an ongoing scheme to defraud the ESL Federal Credit Union by making false deposits into ATM machines and fraudulently withdrawing cash based upon the false deposits. Over the course of several months, Whylly and Porter actively recruited ESL members to participate in more than 100 separate fraudulent transactions, through which the defendants stole a combined sum of more than $35,000.
Porter has been convicted and is awaiting sentencing.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Rio Rancho Man Pleads Guilty to Federal Child Pornography and Cyberstalking ChargesRead the Press Release
ALBUQUERQUE – Armando Camarena, 34, of Rio Rancho, N.M., pleaded guilty this morning in federal court in Albuquerque, N.M., to a three-count indictment charging him with child pornography and cyberstalking charges. Camarena entered the guilty plea under a plea agreement recommending a sentence of 12 years of imprisonment followed by a term of supervised release to be determined by the court. He also will be required to register as a sex offender after he completes his prison sentence.
Homeland Security Investigations (HSI) arrested Camarena in July 2014 based on a criminal complaint charging him with distributing and possessing visual depictions of minors engaged in sexually explicit conduct. According to the criminal complaint, HSI initiated the investigation leading to Camarena’s arrest after receiving a lead from HSI in Idaho Falls, Idaho, which reported that a 14-year-old girl had received child pornography, child erotica and threatening messages on her iPod from an individual the child met through social media. Investigation revealed that the child pornography and threats were sent from an IP Address used by Camarena. On July 30, 2014, HSI and the Albuquerque Police Department (APD) executed a federal search warrant at Camarena’s residence and seized computer images consistent with child pornography. Camarena was taken into custody at that time.
Camarena was indicted on Aug. 12, 2014, and was charged with receipt of child pornography, possession of child pornography, and cyberstalking. The indictment alleged that Camarena committed the crimes in Sandoval County, N.M., between Dec. 2013 and July 2014.
During today’s change of plea hearing, Camarena pled guilty to the indictment. In his plea agreement, Camarena admitted that in Dec. 2013, he used a social media application to initiate contact with a juvenile victim residing outside New Mexico. When the juvenile victim sought to terminate contact with Camarena in Jan. 2014, Camarena sent the juvenile victim a series of messages in which he threatened to kill and inflict serious bodily injury on the victim and the victim’s family with the intention of causing them substantial emotional distress.
In his plea agreement, Camarena also admitted that in July 2014, he possessed child pornography on his cellular telephone, which he downloaded and received from the internet. Camarena acknowledged that law enforcement officers seized his cellular telephone when they executed a federal search warrant at his residence on July 30, 2014.
Camarena has been in custody since his arrest in July 2014. He will remain detained pending his sentencing hearing, which has yet to be scheduled.
This case was investigated by SPEED, the Sexual Predator and Exploitation Enforcement Detail, which is comprised of officers from HSI-Albuquerque office, APD and the Bernalillo County Sheriff’s Office, with assistance from HSI-Idaho and the Idaho Fusion Center.
The case is being prosecuted by Assistant U.S. Attorney Jack E. Burkhead as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
The case also was brought as a part of the New Mexico ICAC Task Force’s mission, which is to locate, track, and capture Internet child sexual predators and Internet child pornographers in New Mexico. There are 86 federal, state and local law enforcement agencies associated with the New Mexico ICAC Task Force, which is funded by a grant administered by the New Mexico Office of the Attorney General. Anyone with information relating to suspected child predators and suspected child abuse is encouraged to contact federal or local law enforcement.
Registered Nurse Sentenced for Tampering with FentanylRead the Press Release
Abingdon, VIRGINIA – A registered nurse, who worked at a medical facility in Roanoke, Va., was sentenced today in the United States District Court for the Western District of Virginia in Abingdon for tampering with a consumer product, namely fentanyl, Acting United States Attorney Rick A. Mountcastle announced today.
Kevin Carter, 28, of Roanoke, previously pleaded guilty to one count of tampering with a consumer product, fentanyl, that affects interstate or foreign commerce, with reckless disregard for the risk that another person be placed in danger of death or bodily injury. Today in District Court, Carter was sentenced to imprisonment for a term of 18 months.
On or about December 15, 2016, Carter tampered with liquid syringes of fentanyl by removing a syringe of liquid fentanyl from the anesthesia cart in an operating room for his own use and replacing the stolen syringe with another syringe, labeled fentanyl, which contained no fentanyl.
The investigation of the case was conducted by the U.S. Food and Drug Administration’s Office of Criminal Investigations with the assistance of the Virginia State Police and the Virginia Department of Health Professions. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Record Maritime Cocaine and Heroin Seizures in FY 2017 Include San Diego-Based CaseRead the Press Release
Special Assistant U.S. Attorney Ari Fitzwater (619) 546-8756, Assistant U. S. Attorney Joshua Jones (619) 546-9744, Assistant U. S. Attorney Connie Wu (619) 546-8592
NEWS RELEASE SUMMARY – September 20, 2017
SAN DIEGO – The U.S. Coast Guard’s announcement today that it has intercepted a record amount of illicit drugs in the Eastern Pacific Ocean in FY2017 includes a San Diego-based prosecution involving more than 6,000 pounds of cocaine confiscated from a low-profile vessel.
The U.S. Coast Guard encountered the vessel in international waters, approximately 450 nautical miles southwest of the Guatemala/El Salvador border on August 14 and detained four individuals following discovery of the cocaine. Low-profile vessels are designed to ride low in the water to avoid detection.
A federal grand jury returned an indictment in the Southern District of California on September 1, charging four men with possession of cocaine with intent to distribute onboard a vessel. According to the indictment, approximately 6,349.20 pounds of cocaine (totaling over three tons) was confiscated from the vessel. The defendants remain in custody pending trial. The defendants will appear for a motion hearing and trial setting before U.S. District Judge John A. Houston on October 16.
At today’s event attended by Attorney General Jeff Sessions, the 140-person crew of the Coastguard Cutter Stratton offloaded 50,000 pounds of cocaine and heroin - with an estimated street value of more than $679 million – that was seized in the Eastern Pacific Ocean since August 2.
“By preventing overdoses and stopping new addictions before they start, enforcing our drug laws saves lives,” Attorney General Jeff Sessions said. “This record-breaking year by our Coast Guard saw the arrest of more than 500 suspected drug traffickers and kept nearly half a million pounds of dangerous drugs from getting to our streets--and ultimately to our neighbors, friends, and families. I commend every service member who has helped us in our mission to keep the American people safe, and I thank them for this indispensable contribution to public safety.”
“The seizure of this cocaine means tens of thousands of pounds won’t make it to our communities and hundreds of millions of dollars won’t make it into cartel coffers,” said Acting U.S. Attorney Alana Robinson. “To drug traffickers who may think they are invisible in the middle of what seems to be a vast, empty ocean: You are not alone. We are doing everything we can to prevent you from using the high seas as your personal freeway.”
The Coast Guard has interdicted several low-profile vessels since June. Low-profile vessels are specifically designed for smuggling illicit cargo such as drugs, weapons and cash. These smuggling vessels have multiple outboard motors to allow them to travel at high speeds and are painted to blend with the water to avoid detection from military and law enforcement authorities operating in the region.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
DEFENDANTS Case Number 17cr2603
Edinson Elias Castillo-Bustos Age: 56 Colombia
Redis Mina-Canga Age: 50 Colombia
Edgar Anibal Rojas-Vanegas Age: 31 Guatemala
Jose Sebastian Ardila-Meza Age: 48 Colombia
SUMMARY OF CHARGES
Conspiracy to Distribute Cocaine on Board a Vessel – Title 46, U.S.C., Sections 70503 and 70506(b)
Maximum penalty: Life in prison and $10,000,000 fine
Possession of Cocaine with Intent to Distribute on Board a Vessel – Title 46, U.S.C., Section 70503
Maximum penalty: Life in prison and $10,000,000 fine
AGENCY
Drug Enforcement Administration
United States Coast Guard
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Rangeley Man Indicted on Drug Distribution ChargesRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Steven Butler, 24, of Rangeley, Maine, was indicted last week by a federal grand jury for distributing fentanyl.
If convicted, Butler faces up to 20 years in prison, three years of supervised release, and a $1,000,000 fine.
The investigation was conducted by the U.S. Drug Enforcement Administration; the Franklin County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Maine State Police; and the Rangeley Police Department.
An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.
Raleigh Man Sentenced to 20 Years for Manufacturing Child Pornography Through Online Video ChatsRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that today in federal court, United States District Judge Louise W. Flanagan sentenced KEITH WILLIAM DEICHERT, 47, of Raleigh, to 240 months of imprisonment followed by 15 years of supervised release.
DEICHERT was named in a 21-count indictment filed on August 23, 2016. On May 17, 2017, he pleded guilty to one count of the Manufacture of Child Pornography.
In February 2015, the Federal Bureau of Investigation (FBI) identified and seized a computer server which hosted a hidden bulletin board website dedicated to the advertisement and distribution of child pornography (Website A). Website A also provided users with a forum to discuss matters pertinent to the sexual abuse and exploitation of children. On February 20, 2015, authorities seized the computer server hosting Website A from a web-hosting facility in Lenoir, North Carolina. Authorities were able to capture the usernames and IP addresses of individuals who accessed and downloaded child pornography (CP) from Website A. One of the usernames and associated IP addresses seized during the investigation was “harris.” The individual who used this moniker accessed CP on Website A on multiple occasions during the monitoring period. Agents determined that the IP address associated with “harris” was controlled by Time Warner Cable (TWC). In March 2015, an administrative subpoena was served to TWC which requested information related to the user of the IP address. According to records received from TWC, the account belonged to DEICHERT. Based on the information obtained, a search warrant was obtained for DEICHERT’s residence.
On October 29, 2015, agents executed the search warrant. During the search, agents located and seized multiple computers and media storage devices. Additionally, agents located two publications which depicted child pornography. A third book described different types of sexual contact (including sexual contact between adults and children). Moreover, two printed
publications, “How to Handle Encounters with Law Enforcement,” and “Surveillance and Counter Surveillance” were recovered.
Forensic examination of the items seized revealed an extensive collection of CP. Specifically, DEICHERT’s collection of CP included approximately 40,433 images and 1,661 videos. Additionally, law enforcement recovered more than 200 web cam videos from an external hard drive depicting child pornography that were recorded by DEICHERT during online chats with boys on the websites Chatroullete and Omegle. A forensic analysis of the same hard drive revealed a program used to record videos streaming online, and a program that allows users to transpose previously recorded videos onto their personal webcam. DEICHERT used these programs to pretend to be a female, engaged in sexually explicit conduct with young boys, and then recorded videos of the boys engaging in such conduct. Because the defendant produced multiple videos involving both known and unknown victims, he has been classified as a repeat and dangerous sex offender against minors.
The criminal investigation of this case was conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Peggah Wilson prosecuted the case for the government.
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
Plantation Middle School Aftercare Worker Sentenced to More than Ten Years in Prison for Attempted Enticement of a MinorRead the Press Release
On September 18, 2017, Roosevelt Miller, 20, of Ft. Lauderdale, was sentenced to a total of 121 months in federal prison by United States District Judge William P. Dimitrouleas, after having previously pled guilty to attempting to entice a minor to engage in sexual activity, in violation of, Title 18, United States Code, Section 2422(b).
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Office, and W. Howard Harrison, Chief, Plantation Police Department, made the announcement.
According to court documents, in early 2017, numerous children ranging in age from 13 to 14 years old, who attend Plantation Middle School, alerted authorities that Miller had inappropriate sexual communications with them using various mobile telephone applications. Specifically, Miller used various social media platforms, including Instagram and text messaging, to send seven minors messages asking them to perform sexual acts on the defendant. Most of these minor victims were enrolled in an aftercare program at Plantation Middle School, where Miller was employed as a counselor.
Mr. Greenberg commended the investigative efforts of the FBI and the Plantation Police Department. The case was prosecuted by Assistant U.S. Attorney Jodi L. Anton.
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.
Pair Plead Guilty to Federal Conspiracy ChargeRead the Press Release
Abingdon, VIRGINIA – A pair of men from India, who made cold calls to the United States for the purpose of selling versions of pharmaceutical drugs illegal in the United States, including controlled substances, pleaded guilty today in the United States District Court in Abingdon to federal conspiracy charges, Acting United States Attorney Rick A. Mountcastle announced.
Alok Kailashnath Jaiswal, 32, of Azangarh, India and Rahil Parvez Mir, 25, of Mumbai, India, waived their rights to be indicted today and each pleaded guilty to one count of conspiracy to commit offenses against the United States. Specially, to illegally distribute controlled substances, to fraudulently and knowingly import into the United States any merchandise contrary to law, and, to introduce into interstate commerce a drug that was misbranded, with the intent to defraud and mislead.
Jaiswal and Mir made cold calls from India to individuals in the United States to solicit orders for versions of pharmaceutical drugs, including controlled substances, which were not approved for sale in the United States. The defendants then obtained payment, typically via wire transfer, from the United States purchasers and illegally shipped the drugs to recipients in the United States.
A law enforcement officer, working in an undercover capacity in the Western District of Virginia, made several purchases from Jaiswal and Mir. The substances shipped included acetaminophen with codeine (Schedule III), diclofenac (Schedule IV), lorazepam (Schedule IV), human growth hormone, sildenafil and tadalafil.
Owner and Manager of Plymouth Environmental Company Charged in Fraud Conspiracy Related to Disposal of Toxic ChemicalsRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced an indictment charging LUMINAIRE ENVIRONMENTAL AND TECHNOLOGIES, INC., JOHN D. MILLER JR., 60, and JOSEPH V. MILLER, 57, with conspiracy, multiple counts of wire fraud, mail fraud and falsifying documents. The defendants will make their initial appearances in U.S. District Court at a later date.
According to the indictment, LUMINAIRE ENVIRONMENTAL AND TECHNOLOGIES, INC. (“LUMINAIRE”), purported to be a recycling and waste disposal business that offered to pick up customers’ fluorescent light ballasts containing polychlorinated biphenyls (“PCBs”), transport the PCB-containing ballasts to the LUMINAIRE facility located in Plymouth, Minn., and remove and dispose of all the PCBs in accordance with the Toxic Substances Control Act (TSCA). LUMINAIRE charged customers a significant fee for this service because the PCBs contained in the ballasts were considered a toxic chemical, and regulations promulgated by the United States Environmental Protection Agency (“EPA”) mandate special procedures for disposal of these materials.
According to the indictment, from 2010 until 2015, JOHN and JOE MILLER, owner and manager, respectively, of LUMINAIRE, orchestrated a fraudulent scheme designed to generate business for LUMINAIRE by making false representations to customers that LUMINAIRE would properly dispose of customers’ toxic chemicals. Instead, after picking up loads of PCB-ballasts from customers, LUMINAIRE’s employees, at the direction of JOHN and JOE MILLER, would remove or otherwise obscure labels from the containers holding the PCB-ballasts, and then sell the PCB-ballasts as scrap metal to nearby metal recycling facilities. By doing so, JOHN and JOE MILLER were able to charge customers a significant fee for work that was never actually performed and obtain additional profits by fraudulently selling the PCB-ballasts to scrap yards. Additionally, in order to conceal the true destination and disposal of customers’ toxic chemicals, JOHN and JOE MILLER and others would falsely certify on shipping manifests that the PCB-ballasts had been properly transported to LUMINAIRE’S facility. As a result of the scheme, LUMINAIRE fraudulently collected more than $1,000,000 in fees and additional profits.
This case is being prosecuted by Assistant U.S. Attorneys Benjamin F. Langner and Amber M. Brennan.
This case is the result of an investigation conducted by the U.S. Environmental Protection Agency.
Defendant Information:
LUMINAIRE ENVIRONMENTAL AND TECHNOLOGIES, INC.
Plymouth, Minn.
Charges:
- Conspiracy to commit mail and wire fraud, 1 count
- Mail Fraud, 5 counts
- Wire Fraud, 10 counts
- False entry in records, 6 counts
JOHN D. MILLER JR., 60
Plymouth, Minn.
Charges:
- Conspiracy to commit mail and wire fraud, 1 count
- Mail Fraud, 5 counts
- Wire Fraud, 10 counts
- False entry in records, 6 counts
JOSEPH V. MILLER, 57
Chanhassen, Minn.
Charges:
- Conspiracy to commit mail and wire fraud, 1 count
- Mail Fraud, 5 counts
- Wire Fraud, 10 counts
- False entry in records, 6 counts
###
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Operation Trena Sin Trono Sends Leader and Final Defendants to PrisonRead the Press Release
LAREDO, Texas – The head of a large scale marijuana trafficking and money laundering conspiracy and 10 others have been sent to federal prison, announced Acting U.S. Attorney Abe Martinez.
Erasmo Trejo-Nava, 45, a Mexican National who resided in Laredo, was the head of a drug trafficking organization that received marijuana loads from Mexico and arranged to transport the marijuana to the Dallas area for himself and others. The organization used various stash houses and business fronts in the Laredo area to receive and prepare the marijuana for transportation via personal vehicles to a local warehouse where it was unloaded and reloaded onto tractor trailers for transportation to the Dallas area. Following delivery of marijuana loads in the Dallas area, the Trejo Nava Organization collected drug proceeds and arranged to have the drug proceeds transported by couriers via personal vehicle or tractor trailers to Laredo and on to Nuevo Laredo, Mexico.
Over the course of the conspiracy which spanned from June 10, 2011 through June 4, 2013, Drug Enforcement Administration (DEA) agents made multiple seizures of marijuana that totaled in excess of 10,000 kilograms.
U.S. District Judge Marina Garcia Marmolejo sentenced Trejo-Nava himself to a total term of 187 months in prison. The court also issued a money judgement against him in the amount of $5 million. His wife - Raquel Margarita Ramos Jimenez, 46, facilitated money laundering and was sentenced to time served which amounted to 31 months. Additionally the court issued a final order of forfeiture as to both of them for three residential properties and a commercial property as well as separate drug proceeds seizures in amounts totaling $173,240.
His brother and Mexican national Victor Hugo Trejo-Nava, 43, coordinated the shipment of marijuana loads as did Jose Angel Trejo, 45, of Laredo. They received 130 and 121 months in prison, respectively.
Mexican national Jaime Enrique Montalvo Ruiz, 47, and Laredoan Ovidio Rodriguez, 44, used Erasmo Trejo-Nava’s service to have their marijuana loads transported from Laredo to the Dallas area received respective sentences of 144 and 120 months in prison.
Arturo Lozano, 48, of Kaufman, and Leocadio Ruiz, 49, a Mexican national who resided in Cedar Hill, worked for Montalvo Ruiz in the Dallas area. Lozano received and distributed marijuana was ordered to serve a term of 144 months in prison, while Ruiz received drug shipments and collected drug proceeds and received a sentence of 70 months.
Laredoan Francisco Colin, 44, provided tractor trailers and drivers to Erasmo Trejo-Nava; Mario Alberto Rodriguez, 30, of Laredo, was Erasmo Trejo-Nava’s worker and wrapped and loaded marijuana; and Mexican national Gerardo Moreno Recio, 50, was a stash house operator. Colin received a 50-month prison term, while Rodriguez and Recio were ordered to serve total sentences of 120 and 151 months of imprisonment.
Ovido Rodriguez, Mario Rodriguez, Trejo, Colin and Lozano received varying terms of supervised release to serve following completion of their prison terms. Not U.S. citizens, the others are expected to face deportation proceedings following their release.
Today’s sentencings brings to a total 26 defendants convicted and sentenced in the investigation which included four indictments.
The remaining defendants received sentences ranging from 12 to 120 months in prison for their varying roles in the conspiracy.
The charges were the result of a long term Organized Crime Drug Enforcement Task Force Investigation dubbed Operation Trena Sin Trono spearheaded by the Drug Enforcement Administration, IRS - Criminal Investigation, High Intensity Drug Trafficking Area Task Force and with the assistance of Homeland Security Investigations, Laredo Police Department, Zavala County Sheriff’s Office. Assistant U.S. Attorney Mary Lou Castillo is prosecuting the case.
Omaha Mother and Son Sentenced to 10 year Prison Terms for Selling MethamphetamineRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Yolanda Otero-Valenzuela, 63, and her son, James Narvaez, 29, both of Omaha, were each sentenced on September 20, 2017, to 10 year prison terms by United States District Judge John M. Gerrard. Each had previously pled guilty to conspiracy to distribute multiple ounce quantities of methamphetamine. Narvaez was found to have carried a 9 mm handgun during the course of the conspiracy. After serving their prison terms, each will serve a 5 year Term of Supervised Release.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
Omaha Man Sentenced for Possession of Methamphetamine with Intent to DistributeRead the Press Release
COUNCIL BLUFFS, Iowa - On September 18, 2017, United States District Court Judge Stephanie M. Rose sentenced John C. Gundersen Jr., 52, of Omaha, Nebr., heather Jean Reekrto 72 months in prison followed by four years of supervised release for possession of methamphetamine with the intent to distribute some or all of it, announced United States Attorney Kevin E. VanderSchel.
Gundersen entered a guilty plea to possession with intent to distribute methamphetamine on May 1, 2017. Gundersen was contacted by law enforcement at a traffic stop on June 2, 2016, and had active warrants for his arrest. He was arrested, and a vehicle search located methamphetamine, which Gunderson intended to distribute to other people, along with over $1,000 in cash.
The Missouri Valley Police Department and Iowa Division of Narcotics Enforcement 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).
Oklahoma City Police Officer Charged with Concealing a Federal Crime and Making a False Statement to Federal InvestigatorsRead the Press Release
Oklahoma City, Oklahoma – Today a federal grand jury charged WESTON SLATER, 25, of Yukon, with concealing a federal crime and making a false statement to federal investigators, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
According to the two-count indictment, Slater was an officer with the Oklahoma City Police Department ("OCPD") in early 2016, when the FBI, OCPD, and the Oklahoma Department of Agriculture, Food & Forestry Investigative Service ("ODAFF") were investigating the federal crime of conspiring to receive, possess, or conceal stolen goods that had crossed state boundaries. That conspiracy charge is included in a six-defendant second superseding indictment filed on May 18, 2017, and a three-defendant third superseding indictment filed on June 20, 2017, both in case number CR-17-11-R.
Count 1 of today’s indictment alleges Slater committed the federal crime of "misprision of felony" beginning on February 4, 2016, when he used an OCPD computer at the request of one of the conspirators to determine that a certain vehicle had been stolen in Texas. This count further alleges that Slater made a false statement to the dispatcher about his reason for running the search on the vehicle. According to the indictment, Slater failed to bring the federal crime to the attention of relevant law enforcement authorities.
Count 2 alleges Slater knowingly and willfully made a materially false statement in a matter within the jurisdiction of the FBI on February 28, 2017. In particular, it charges he told the FBI he had not accessed OCPD’s "Varuna" database to search for information on certain law enforcement officers on October 1, 2016, when he actually knew that he had searched for that information for an improper purpose.
If convicted, Slater could be imprisoned for a maximum of three years on Count 1, to be followed by one year of supervised release. He could receive a maximum of five years on Count 2, in addition to three years of supervised release. He could also be fined up to $250,000 on each count.
The public is reminded these charges are merely accusations and that Slater is presumed innocent unless proven guilty beyond a reasonable doubt. Reference is made to court filings for further information.
This case is the result of an investigation by the FBI Major Theft Task Force, OCPD, and ODAFF. The task force consists of the FBI, ODAFF, the Oklahoma State Bureau of Investigation, and the Garvin County Sheriff’s Office. Assistant U.S. Attorneys Edward J. Kumiega and Ashley L. Altshuler are prosecuting the case.
Oklahoma City Daughter and Mother Sentenced for Tax Fraud and Framing of Family MemberRead the Press Release
Oklahoma City, Oklahoma – KASHARA STEWART, of Oklahoma City, Oklahoma, and her mother, WONICA STEWART POPE, also of Oklahoma City, were sentenced yesterday to federal prison respectively for tax-refund fraud and making a false statement to a federal agent, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
On February 22, 2017, a federal grand jury returned a Superseding Indictment charging Kashara Stewart with seven counts of tax fraud and seven counts of aggravated identity theft. It alleged that from January 2012 through December 2012, Kashara Stewart filed false federal income tax returns in the names of individuals, without their knowledge or permission, and attached false W-2s for employers that did not employ the purported tax filers in the relevant tax years. Those false tax returns directed the IRS to deposit the claimed tax refunds into Kashara Stewart’s bank account.
The Superseding Indictment also charged Kashara Stewart’s mother, Pope, with one count of making a false statement to a federal law enforcement officer. On August 27, 2013, during the investigation of Kashara Stewart’s stolen identity refund fraud, Pope left a voicemail for an IRS–Criminal Investigations Special Agent in which she falsely confessed to the crime. Pope falsely stated she was her sister, Wenoca Stewart Williams, to shift blame away from her daughter.
On November 1, 2016, based in part on Pope’s phone call to IRS–Criminal Investigations, a federal grand jury charged Wenoca Stewart Williams, along with Kashara Stewart, with conspiracy and tax fraud. After learning that Pope had framed Williams, the United States moved to dismiss the charges against Williams, who is no longer charged with any federal crime.
On May 5, 2017, Kashara Stewart pled guilty to filing a false claim for a tax refund. Pope entered a guilty plea the same day to making a false statement to a federal official. She admitted she left a voicemail message for an IRS Special Agent in which she posed as Williams and purported to confess to Kashara Stewart’s tax fraud.
Yesterday Chief U.S. District Judge Joe Heaton sentenced Kashara Stewart to 38 months in prison, to be followed by three years of supervised release. She must also pay restitution to the IRS in the amount of $352,449. Judge Heaton sentenced Pope to 30 months in prison. He found that she substantially interfered in the administration of justice by giving three separate false confessions in late August and early September 2013. After imprisonment, she will serve two years on supervised release.
This case is the result of an investigation by IRS–Criminal Investigations and was prosecuted by Assistant U.S. Attorney K. McKenzie Anderson.
Nurse Practitioner Admits to Receiving Kickbacks for Signing Orders for Medicaid ServicesRead the Press Release
RALEIGH – The United States Attorney Office for the Eastern District of North Carolina, John Stuart Bruce, announced that today in federal court, CHRISTINE HICKS THOMAS, 62, of Murfreesboro, North Carolina, pleaded guilty to Illegal Remunerations. Under the terms of the plea agreement, THOMAS faces up to 5 years in prison, $25,000 in fines, and 3 years of supervised release. Under additional terms discussed in court, THOMAS agreed to surrender her nursing license, to surrender any interest she has in companies that bill the government for health care services, and to be permanently excluded from Medicare and Medicaid programs.
According to the Criminal Information and evidence discussed in open court, THOMAS, a licensed nurse practitioner, agreed to sign off on orders authorizing various Medicaid recipients to receive outpatient behavioral health services. In fact, THOMAS never evaluated the patients or made any clinical assessment of whether the services were medically necessary for the recipients. In a recorded encounter in a parking lot, THOMAS accepted a cashier’s check in exchange for signing the orders.
The orders that THOMAS signed are required by Medicaid’s Managed Care Organizations as a prerequisite before a Medicaid provider can bill the government for outpatient behavioral health services. Once authorization orders are signed, providers can lawfully bill the government for hundreds of thousands of dollars in outpatient behavioral health services, provided such services are actually rendered.
As a result of her conviction and plea, THOMAS will no longer be a licensed nurse practitioner, and will no longer be able to participate in government health care benefit programs such as Medicare and Medicaid. She will also face a potential sentence of imprisonment.
This case is part of a broader investigation of a Medicaid fraud conspiracy carried out by Terry Lamont Speller; Donnie Lee Phillips, II; and Reginald Saunders, whose cases have already been sentenced. The investigation also relates to the pending case against Shephard Lee Spruill, II. Each of these cases are the subject of prior press releases.
The investigation of this case was conducted by agents of the North Carolina State Bureau of Investigation assigned to the Medicaid Investigations Division of the North Carolina Attorney General’s Office; The Internal Revenue Service - Criminal Investigation; and the United States Department of Health and Human Services Office of the Inspector General, with the assistance of the Federal Bureau of Investigation. The investigation and prosecution of this matter is being handled in a partnership between the United States Attorney’s Office for the Eastern District of North Carolina and the Medicaid Investigations Division of the North Carolina Attorney General’s Office. Assistant United States Attorney William M. Gilmore of the Economic Crimes Division, and Special Assistant United States Attorney Daniel Spillman of the Medicaid Investigations Division of the North Carolina Attorney General’s Office, each represented the United States.
If you suspect Medicaid or Medicare fraud please visit the HHS OIG website at https://oig.hhs.gov/ and click on the Report Fraud button. To report Medicaid fraud in North Carolina, call the North Carolina Medicaid Investigations Division at 919-881-2320.
Norwalk Man Pleads Guilty to Tax EvasionRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Joel P. Garland, Special Agent in Charge of IRS Criminal Investigation in New England, announced that RYAN S. ROZYCKI, 41, of Norwalk, waived his right to be indicted and pleaded guilty today in Hartford federal court to one count of tax evasion.
According to court documents and statements made in court, ROZYCKI owns and operates bangthebook.com, a sports gaming information website, as well as other website businesses and rental properties. For the 2009 through 2014 tax years, ROZYCKI reported more than $1.6 million in gross receipts on his federal income tax returns, but failed to report more than $1.1 million in taxable income, which he had deposited into his personal bank accounts. ROZYCKI had worked with an accountant to prepare his tax returns, but did not provide his accountant with any information regarding his personal accounts and the business receipts that had been deposited into them.
As a result, ROZYCKI failed to pay $371,161 in taxes for the 2009 through 2014 tax years.
ROZYCKI is scheduled to be sentenced by U.S. District Judge Michael P. Shea in Hartford on December 18, 2017, at which time he faces a maximum term of imprisonment of five years, a fine of up to approximately $742,000, and back taxes, interest and penalties.
ROZYCKI was released on a $100,000 bond pending sentencing.
This case has been investigated by the Internal Revenue Service – Criminal Investigation Division, and is being prosecuted by Assistant U.S. Attorney Michael S. McGarry.
Nicholas County man sentenced to 10 years in federal prison for attempted enticement of a minorRead the Press Release
CHARLESTON, W.Va. – A Nicholas County man was sentenced today to 10 years in federal prison for a sex crime involving a minor, announced United States Attorney Carol Casto. John Marshall Underwood, Jr., 44, of Gilboa, previously pleaded guilty to attempted enticement of a minor to engage in sexual activity. After completing his prison sentence, Underwood will be on federal supervised release for 15 years, and he will also be required to register as a sex offender.
Underwood admitted that from December 14, 2016, through February 1, 2017, he used a cell phone to communicate with a woman he believed to be a prostitute who had custody of two minor nieces. The woman Underwood thought was a prostitute was actually an undercover law enforcement officer. Underwood also admitted that he communicated with the woman about engaging in commercial sexual activity with one of the nieces. On at least two occasions, Underwood communicated with an individual he believed to be the niece and attempted to entice her to engage in commercial sexual activity. The individual Underwood thought was the niece was also an undercover law enforcement officer. Underwood admitted that on February 1, 2017, he arranged a meeting with the individuals, who were actually undercover officers, and was arrested after he arrived at the meeting location. Law enforcement recorded all the calls between Underwood and the undercover officers.
The investigation was conducted by the Charleston Police Department, the West Virginia State Police, and Homeland Security Investigations. Assistant United States Attorney Jennifer Rada Herrald is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case was brought as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s 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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
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New Vineyard Man Indicted on Drug Distribution ChargesRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Jordan Richard, 24, of New Vineyard, Maine and formerly of Rangeley, Maine, was indicted last week by a federal grand jury for distributing cocaine.
If convicted, Richard faces up to 20 years in prison, three years of supervised release, and a $1,000,000 fine.
The investigation was conducted by the U.S. Drug Enforcement Administration; the Franklin County Sheriff’s Office; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Maine State Police; and the Rangeley Police Department.
An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.
New London Man Pleads Guilty to Distributing Heroin Involved in Southeastern Connecticut OverdosesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that NESTOR SANTANA, also known as “Beans,” 30, of New London, pleaded guilty today in New Haven federal court to a heroin distribution charge stemming from an investigation of two drug overdose deaths in May 2016.
According to court documents and statements made in court, in the early morning hours of May 29, 2016, members of the Groton Police Department and emergency services personnel responded to a Groton motel room on the report of a suspected drug overdose. The victim, a 17-year-old female, was administered two doses of Narcan (Naloxone), which were deemed unsuccessful, before she was transported to the hospital and died later that morning.
The investigation revealed that Ramon Gomez, also known as “B.I.,” who knew the victim was under the age of 18, brought the victim to the motel to engage in prostitution. On the morning of May 28, 2016, Gomez sold a quantity of heroin to Adele Bouthillier, who then distributed the heroin to the victim. SANTANA supplied Gomez with the heroin that caused the death of the victim.
On May 31, 2016, members of the Montville Police Department responded to an apartment on Route 32 for an “untimely death” investigation. Upon arrival, officers found a deceased 34-year-old female lying face down on the bathroom floor.
The Connecticut’s Office of the Chief Medical Examiner subsequently determined the cause of the 34-year-old female’s death to be “Acute Ethanol and Fentanyl Intoxication.”
The investigation revealed that the victim was supplied with heroin/fentanyl by James Butler. Butler had been supplied with the drugs by Gomez, who in turn was supplied by SANTANA.
In August and September 2016, investigators made controlled purchases of heroin from SANTANA.
SANTANA was arrested on state charges on September 29, 2016. A search of his residence at the time of his arrest revealed an additional quantity of heroin and items used to process and package narcotics. He has been detained since his arrest on a federal criminal complaint on January 31, 2017.
SANTANA pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of heroin, an offense that carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 40 years. He is scheduled to be sentenced by U.S. District Judge Alvin W. Thompson on December 13, 2017, in Hartford.
Gomez and Bouthillier have pleaded guilty to sex trafficking of a minor and heroin distribution offenses, and Butler has pleaded guilty to a heroin distribution offense. Each awaits sentencing.
This investigation has been conducted by the Drug Enforcement Administration, Connecticut State Police, Groton Police Department, Montville Police Department, New London Police Department, Statewide Narcotics Task Force – East, and the Regional Community Enhancement Task Force. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
This matter stem from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
Navajo Man Facing Federal Commercial Robbery and Firearms ChargesRead the Press Release
ALBUQUERQUE – Today a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Trevor David Littleman, 25, an enrolled member of the Navajo Nation with violating the Hobbs Act and federal firearms laws. Littleman remains in federal custody pending trial which has yet to be scheduled.
The criminal complaint alleges that on Sept. 8, 2017, Littleman robbed the Giants Gas Station and Convenience Store located on New Mexico State Road 371, Main Street in Crownpoint, N.M., at gunpoint. Before departing from the store with packs of cigarettes and cash from the cash registers, Littleman allegedly fired one round of ammunition into the ceiling. According to the complaint, a 9mm casing and shattered fluorescent light and debris were found on the floor of the gas station.
If convicted on the charges in the criminal complaint, Littleman faces a statutory maximum penalty of 20 years in prison on the Hobbs Act charge. Littleman also faces a mandatory minimum of ten years of imprisonment for discharging a firearm, which must be served consecutive to any sentence imposed on the other charge. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety and is being prosecuted by Assistant U.S. Attorney Elisa Dimas.
Muskogee Man Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MATTHEW DYLAN ERNST, age 24, of Muskogee, Oklahoma, pled guilty to DISTRIBUTION OF METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(A), punishable by not less than 10 years imprisonment, and up to a $10,000,000.00 fine or both.
The Indictment alleged that on or about November 4, 2016, in the Eastern District of Oklahoma, the Defendant, MATTHEW DYLAN ERNST, did knowingly and intentionally distribute 50 grams or more of methamphetamine (actual), a Schedule II controlled substance.
The charge arose from an investigation by the Drug Enforcement Administration.
The Honorable Steven P. Shreder, 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.
Assistant United States Attorney Kristin Harrington represented the United States.
Muskegon Man Sentenced to Five-And-A-Half Years in Federal Prison for Firearms OffenseRead the Press Release
GRAND RAPIDS, MICHIGAN – Gerald Fitzpatrick Odneal II, also known as "PJ," of Muskegon, Michigan was sentenced to 66 months (five-and-a-half years) in federal prison for possessing firearms as a convicted felon, Acting U.S. Attorney Andrew Byerly Birge announced today. In addition to the prison term, U.S. District Judge Janet T. Neff imposed a 3-year term of supervised release that will commence once Odneal is released from imprisonment.
In February of 2017, police were looking for Odneal in connection with an unrelated case. They located him near his home in Muskegon, but he fled from police, throwing a loaded .38 caliber Smith and Wesson revolver while in flight. Police recovered the weapon, but Odneal escaped. Police again located Odneal in April of 2017 and arrested him. Police recovered three additional firearms at the time of Odneal’s arrest, an SKS rifle, a stolen .40 caliber semiautomatic handgun, and a shortened (sawed-off) .22 caliber rifle. Odneal had taken a photo of himself brandishing one of the weapons, his fingerprint was on another, and he admitted to moving the third. Odneal had previously been convicted of being a Felon in Possession of a Firearm.
In its sentencing memorandum, the U.S. Attorney’s Office argued in favor of a significant custodial sentence, noting that Odneal "has a long history replete with violence and weapons offenses." In fact, "his most recent state-court conviction involving a running gun battle" in Muskegon. In light of his history, the U.S. Attorney’s Office argued that Odneal posed an immense risk to the community. "The Muskegon community suffers from gun violence, and there is a great need to deter such conduct by others. A significant sentence will tend to deter such conduct."
"While gun violence continues to be a problem that affects the safety and security of our neighborhoods, this sentence reflects the continuing impact that the Muskegon Violent Crime Task Force is having on the ability of those individuals who seek to threaten our communities", said Jeffrey R. Downey, Assistant Special Agent in Charge, Detroit Division of the FBI.
The charges in this case are the result of an investigation by the Muskegon Violent Crime Task Force, which includes the Federal Bureau of Investigation (FBI), the Michigan State Police (MSP), and the Muskegon City Police Department. The U.S. Attorney's Office, the Muskegon County Prosecutor's Office, and federal, state, and local law enforcement are working closely together to combat violent crime and drug trafficking in the Muskegon area. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
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Miami-Dade Resident Sentenced to More Than 4 Years in Prison for Managing a Miami Spa Performing Illicit Silicone InjectionsRead the Press Release
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida; Justin D. Green, Special Agent in Charge, U.S. Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), Miami Field Office; Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office; and Juan J. Perez, Director, Miami-Dade Police Department (MDPD), announced the fifty-six month prison sentence imposed upon Magaly Del Rosario for managing a Miami spa which performed illicit silicone injections.
On July 6, 2017, Del Rosario previously pled guilty for her participation in a conspiracy and delivery for pay of an adulterated and misbranded device received in interstate commerce with the intent to defraud and mislead. Yesterday, United States District Judge Kathleen M. Williams sentenced Del Rosario to 50 months in prison for the conspiracy, to be followed by 6 months in prison for the remaining count of conviction. In addition, Del Rosario was sentenced to three years of supervised release. A restitution hearing has been scheduled for December 1, 2017.
According to the court record, including an agreed upon factual statement, Del Rosario and her co-defendant, Maribel Jimenez (who previously pled guilty and was sentenced on August 29, 2017, to 79 months in prison), conspired from 2008 through August 2015 to receive and deliver an adulterated and misbranded “medical device” for pay which consisted of silicone used illegally for body contouring injections. Del Rosario further admitted to having assisted Jimenez, in unlawfully injecting this substance into hundreds of clients seeking buttocks augmentation at Bella Beauty Spa (“Bella Beauty”), a business owned by Jimenez and located at 8360 West Flagler Street in Miami. The silicone was unlawfully smuggled into the United States from Colombia throughout the period of the criminal conspiracy by means of multiple DHL deliveries of bottles falsely labeled as containing depilatory wax.
During the course of the criminal conduct, Del Rosario “repeatedly and consistently” informed Bella Beauty’s clients that they would be injected with a substance that was safe, non-permanent and capable of being absorbed by the body over time,” while she “knew this not to be the case.” Del Rosario and Jimenez falsely claimed that the substance was hydrogel, hyaluronic acid, Juvederm, Restylane, or other such absorbable, time-limited substances. They did not inform clients that the dermal filler material was in fact silicone, a permanent substance known to be harmful if injected into the human body. The potentially dangerous and harmful health risks that could result from the injection of the illicit silicone include: the potential of injection into a blood vessel resulting in embolism, migration of injected silicone to other bodily regions, infection and infection-related disorders, silicone-filled scar tissue formations (“granulomas”) caused by the body’s attempt to encapsulate such a foreign substance, necrosis, skin discoloration, immune system hyperactivity and related adverse systemic conditions, disfigurement, discomfort, and pain.
Mr. Greenberg commended the investigative efforts of FDA-OCI, ICE-HSI and MDPD. Mr. Greenberg thanked U.S. Customs and Border Protection and the Colombian National Police for their assistance. This case is being handled by Assistant U.S. Attorneys Peter Outerbridge and Miesha Darrough.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Miami Physician Sentenced to 97 Months for Role in Pain Pill Diversion and $4.8 Million Medicare Fraud SchemeRead the Press Release
A Miami physician was sentenced today to 97 months in prison and three years of supervised release, for his role in a $4.8 million health care fraud scheme that involved the submission of false and fraudulent claims to Medicare and the illegal prescribing of controlled substances, including oxycodone and hydrocodone.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Miami Regional Office and Special Agent in Charge Brian Swain of the U.S. Secret Service’s (USSS) Miami Field Office made the announcement.
Roberto A. Fernandez, M.D., 51, of Miami, was sentenced by U.S. District Judge Cecelia M. Altonaga of the Southern District of Florida. Judge Altonaga also ordered Fernandez to pay $4.8 million in restitution, jointly and severally with his co-conspirators. Fernandez pleaded guilty on July 11, to one count of conspiracy to commit health care fraud and wire fraud in connection with a scheme, that ran from April 2011 to February 2017, involving the submission of false and fraudulent claims to Medicare and the illegal prescribing of controlled substances, including oxycodone, hydrocodone and alprazolam.
As part of his guilty plea, Fernandez admitted that he referred Medicare beneficiaries to pharmacy owners in exchange for illegal health care kickbacks. Fernandez admitted knowing that the pharmacy owners were billing and receiving reimbursements from Medicare for prescription drugs based upon the prescriptions he sold, and that many of his prescriptions were medically unnecessary. For example, he admitted providing prescriptions for expensive, name brand drugs, including HIV/AIDS medications that conflicted with other HIV drugs already prescribed to the beneficiaries.
Fernandez also solicited referrals of Medicare beneficiaries to his own practices from his co-conspirators, he admitted, including submitting claims to Medicare under his Part B provider number for services he did not, in fact, render. Additionally, Fernandez admitted to receiving kickbacks in return for signing plans of care and prescriptions for medically unnecessary home health services.
Fernandez further admitted that he prescribed controlled substances, including addictive opioids, to patients and patient recruiters in return for $100 to $200 cash per prescription. Fernandez admitted that he knew these patients did not need the controlled substances he prescribed, and that he would sometimes write prescriptions for controlled substances for patients whom he did not even examine.
The FBI, HHS-OIG and USSS investigated the case, which was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Southern District of Florida. Assistant U.S. Attorney Lisa H. Miller of the Southern District of Florida and a former Fraud Section trial attorney, and Fraud Section Trial Attorney Adam G. Yoffie are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
Mexican Citizen Extradited to South Carolina to Face Federal Drug ChargesRead the Press Release
Charleston, South Carolina ---- United States Attorney Beth Drake stated today that David Geisbrecht Fehr, a/k/a “Oscar Silva Leamon”, a/k/a “El Ingeniero”, age 44, of Chihuahua, Mexico was charged in a 1-count indictment. David Geisbrecht Fehr was charged with conspiracy to possess with intent to distribute and to distribute 5 kilograms or more of cocaine, a violation of Title 21, U. S. C. Sections 841 and 846. The maximum penalty Fehr could receive is life imprisonment and a maximum fine of $10,000,000.
United States Attorney Drake stated, “The extradition of Mr. Fehr from Mexico to face these charges in South Carolina is the result of a tremendous coordinated effort by our office and law enforcement to hold accountable those responsible for putting narcotics on the streets of our state.” Jason Sandoval, Resident Agent in Charge of the DEA Charleston office stated, “Mr. Fehr’s extradition is a result of dedication and commitment of prosecutors and law enforcement on both sides of the border. Mr. Fehr must now account for alleged criminal conduct during his day in court. Anyone seeking to evade justice should take note of this extradition: justice never sleeps.” “This investigation was a collaborative effort of federal and international law enforcement working together to arrest a dangerous drug smuggler who thought he was safe in Mexico,” added Thomas Henman, Chief Deputy U.S. Marshal.
The case was investigated by agents of the Drug Enforcement Administration and the United States Marshals Service and is assigned to Assistant United States Attorney Nick Bianchi of the Charleston office for prosecution. The Criminal Division’s Office of International Affairs provided substantial assistance in this matter. The United States Attorney stated that all charges in this Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Meth Conspirator Sentenced in Federal CourtRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Damon Curtis Chisholm, 42, a resident of Mobile County, was sentenced today in federal court on charges involving his participation in a methamphetamine distribution conspiracy and for aiding and abetting one of the co-conspirators, a convicted felon, in possession of firearms. Chisholm pled guilty to the charges in May of 2017.
United States District Court Judge William H. Steele sentenced Chisholm to 24 months imprisonment on each charge, which will run concurrently, to be followed by a four-year term of supervised release. Chisholm will undergo treatment for drug abuse while in prison and as a condition of his supervised release. No fine was imposed, but the judge ordered that Chisholm pay $200 in special mandatory assessments.
The case was investigated by the Mobile County Sheriff’s Office and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Mesa Man Sentenced to over 20 Years in Federal Prison for Second Degree Murder and Aggravated Assault Related to Drunk DrivingRead the Press Release
PHOENIX – On Sept. 19, 2017, Hale Nahsonhoya, 22, of Mesa, Ariz., and a member of the Salt River Pima-Maricopa Indian Community, was sentenced by U.S. District Judge G. Murray Snow to 250 months in prison (20 years and 10 months) followed by five years of supervised release. Nahsonhoya had previously pleaded guilty to second degree murder and aggravated assault.
The case involved Nahsonhoya driving his vehicle with extreme, reckless disregard for human life, causing a multi-vehicle crash. As a result of Nahsonhoya’s actions, one man, who was driving his car to church band practice, was killed instantly. A woman in a third vehicle was seriously injured, hospitalized, and suffered long-term injuries.
This incident happened on a busy intersection on the Salt River Indian Reservation, McKellips and Longmore Roads in Scottsdale, Ariz. At approximately 4:45 p.m., in rush hour traffic, Nahsonhoya was driving his vehicle with his juvenile brother as a passenger. Nahsonhoya had a blood alcohol content of over .215. He was driving in excess of 85 MPH in a 35 MPH zone. Just before the crash, Nahsonhoya sped his vehicle to ignore and race through a stop sign. He did not attempt to stop his vehicle even seconds prior to impact.
The wife of the deceased victim came to court and paid tribute to her husband of 30 years, highlighting for Judge Snow her husband’s kind-hearted, selfless, and loving life. She explained to Judge Snow the devastation caused by her husband’s death.
The investigation in this case was conducted by the Salt River Police Department. The prosecution was handled by Heather Sechrist and Sharon K. Sexton, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-17-0047-PHX-GMS
RELEASE NUMBER: 2017-091_ Nahsonhoya
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Mercer County Man Pleads Guilty to Fraud ChargesRead the Press Release
PITTSBURGH - A Mercer County resident pleaded guilty in federal court to charges of wire fraud and engaging in monetary transactions in property derived from specified unlawful activity, Acting United States Attorney Soo C. Song announced today.
Jeffrey T. Lewis, 48, waived indictment and pleaded guilty to a two-count Information before United States District Judge David Cercone.
In connection with the guilty plea, the court was advised that Lewis fraudulently solicited funds for investments but used those funds to pay off business losses, gambling and personal expenses.
Judge Cercone scheduled sentencing for January 5, 2018, at 11 a.m. The law provides for a total sentence of 30 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.
The Internal Revenue Service – Criminal Investigation and United States Secret Service conducted the investigation that led to the prosecution of Lewis.
Marijuana Dealer Sentenced in Federal CourtRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced that Adam Khan Le, 36, of Panama City, Florida, was sentenced today in federal court on a charge involving his participation in a scheme to grow and distribute marijuana. Le pled guilty to the charge in May of 2017.
United States District Court Judge William H. Steele sentenced Le to a year and a day in prison on the conspiracy charge, to be followed by a four-year term of supervised release. Le will undergo treatment for drug abuse while in prison and as a condition of his supervised release. No fine was imposed, but the judge ordered that Le pay the mandatory $100 special assessment and that Le forfeit any interest in the properties alleged to have facilitated the illegal activity.
The case was investigated by the Mobile County Sheriff’s Office, the Alabama Law Enforcement Agency and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Louisiana Woman Charged with Wire Fraud and Aggravated Identity Theft in Connection with Fraudulent Scheme to Obtain Disaster AssistanceRead the Press Release
Acting United States Attorney Corey R. Amundson, who serves as the Acting Executive Director of the National Center for Disaster Fraud, announced today that a federal grand jury for the Middle District of Louisiana has charged a Louisiana woman with wire fraud and aggravated identity theft for allegedly attempting to obtain over $150,000 in Federal Emergency Management Agency (FEMA) funds in relation to the 2016 Baton Rouge flooding.
Following the 2016 flooding that affected 12 parishes in south Louisiana, FEMA funds were available to people who became unemployed because of the flood. The funds were administered by the Louisiana Workforce Commission in the form of Disaster Unemployment Assistance (DUA).
The six-count indictment returned today charges RENATA FOREMAN, age 37, of Independence, Louisiana, with devising a scheme to defraud and to obtain money and property from FEMA by means of materially false and fraudulent pretenses. The indictment alleges that FOREMAN obtained the identities of approximately 62 individuals, including names, dates of birth, and social security numbers. Then, using these stolen identities, FOREMAN submitted approximately 55 fraudulent claims for disaster unemployment assistance. According to the indictment, FOREMAN attempted to obtain over $150,000 in DUA funds. If convicted, FOREMAN could face a significant prison term, fines, and restitution.
Acting U.S. Attorney Corey R. Amundson stated, “No matter what storm or disaster we face next, natural or man-made, we will continue to identify, arrest and prosecute fraudsters who are taking advantage of and exploiting vulnerable people who have been affected by these devastating natural disasters. The United States Attorney’s Office for the Middle District of Louisiana, together with the National Center for Disaster Fraud and our federal, state, and local law enforcement partners, is working diligently to root out fraudulent claims for assistance and ensure that government funds are available to those who truly are in need.”
Members of the public are reminded to apply a critical eye and do their due diligence before trusting anyone purporting to be working on behalf of disaster victims. Members of the public who suspect fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, or believe they have been the victim of fraud from a person or organization soliciting relief funds on behalf of disaster victims, should contact the National Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by a live operator 24 hours a day, 7 days a week. You can also fax information to the Center at (225) 334-4707, or email it to [email protected]. Learn more about the National Center for Disaster Fraud at www.justice.gov/disaster-fraud.
This matter is being investigated by the U.S. Department of Labor, Office of Inspector General. The case is being prosecuted by Assistant United States Attorney Pete Smyczek.
NOTE: An indictment is an accusation by a grand jury. The defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Lorton Man Convicted of Attempted Armed Robbery and Discharge of a FirearmRead the Press Release
ALEXANDRIA, Va. – A federal jury convicted a Lorton, Virginia man yesterday on charges of attempted robbery, attempted possession of marijuana with intent to distribute, and the use and discharge of a firearm during those crimes.
According to court records and evidence presented at trial, Thomas Todd, 33, conspired to rob a drug dealer at gunpoint in the basement of an apartment building in Lorton. The drug dealer arrived at the apartment building with an armed associate on June 24, 2016, and a shootout occurred in the lobby in the middle of the night.
Todd faces a mandatory minimum of 10 years in prison and a maximum sentence of life in prison when sentenced on January 19, 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; Paul D. Vanderplow, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division; and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement after U.S. District Judge Liam O’Grady accepted the verdict. Assistant U.S. Attorney Jonathan Fahey and Special Assistant U.S. Attorneys Ankush Khardori and Samuel Lord are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-24.
Lewiston Man Sentenced to Five Years for Credit Union RobberyRead the Press Release
Portland, Maine: Acting United States Attorney Richard W. Murphy announced that Brent Roaix, 33, of Lewiston, Maine was sentenced today in U.S. District Court by Judge Jon D. Levy to five years in prison and three years of supervised release for robbery of a credit union.
According to court records, on January 25, 2017, Roaix entered a Rainbow Federal Credit Union in Lewiston and gave a handwritten note to a teller demanding money and stating that he was armed. The teller gave him money and Roaix absconded on foot. Shortly thereafter, Lewiston police officers found him hiding in a nearby apartment, arrested him, and recovered all of the stolen money. According to evidence introduced at sentencing, at the time of the robbery, Roiax was a participant in Maine’s Adult Drug Treatment Court because he had committed two credit union robberies in 2014, one of which was of the same credit union.
This investigation was conducted by the Lewiston Police Department and the Federal Bureau of Investigation.
Law Enforcement and Community Members United Against Hate and Intolerance at a Special Event Held at California State University, BakersfieldRead the Press Release
BAKERSFIELD, Calif. — On Tuesday, over 600 people gathered to watch a movie telling the story of one of the deadliest hate crimes in recent U.S. history. The screening, which was held at Dore Theater on the CSU Bakersfield campus, was followed by a discussion between representatives from law enforcement agencies and community leaders, U.S. Attorney Phillip A. Talbert announced.
The acclaimed film, “Waking in Oak Creek,” tells the empowering story of how the community of Oak Creek, Wisconsin responded when six worshipers at a Sikh Temple were killed by a white supremacist during prayer services in 2012. The entire community and law enforcement worked together to overcome tragedy and stand up to hate.
U.S. Attorney Talbert stated: “In the aftermath of the deadly attack on the Sikh gurdwara in Oak Creek, Wisconsin, the entire community rallied together to turn tragedy into an opportunity to unite against hate. The community found positive and inclusive ways to commemorate the victims, which included Sikh worshippers as well as law enforcement officers, and to raise awareness about hate crimes, particularly those directed at Sikhs. I am proud that my office could host a screening of the film that documents that community’s inspiring response to hate and facilitate a discussion about how our community can work together to prevent these crimes from happening in our district.”
The U.S. Attorney’s Office organized this event in partnership with the FBI; the Bakersfield Sikh Community; Sikh Riders of America; Islamic Shoura Council of Bakersfield; California State University Bakersfield, including the School of Social Sciences and Education, the Departments of Criminal Justice, Political Science, and Sociology, the University Police Department, and the Kegley Institute of Ethics; Bakersfield Police Department; Kern County Sheriff’s Office; and the Kern County District Attorney’s Office.
After the screening of the 33-minute film, Kirk Sheriff, chief of the U.S. Attorney’s Office in Fresno, moderated a panel discussion where law enforcement officials and Sikh and Muslim Community leaders offered their perspectives on identifying opportunities and strategies to collaborate in the fight against hate. The panel members were FBI Special Agent in Charge Sean Ragan, Sikh community representative Mandeep Singh Chahal, President of the Islamic Shoura Council of Bakersfield Ollie Zachary, Bakersfield Police Chief Lyle Martin, Kern County Undersheriff Brian Wheeler, and Kern County District Attorney Lisa Green.
The panel discussion was followed by a lively and collaborative question and answer session that gave attendees the opportunity to engage with panelists and have their voices heard on this important issue.
“Waking in Oak Creek” was produced in conjunction with the U.S. Department of Justice COPS Office as part of the Not In Our Town: Working Together for Safe, Inclusive Communities Initiative. Follow this link to view the documentary in full.
BAKERSFIELD, Calif. — On Tuesday, over 600 people gathered to watch a movie telling the story of one of the deadliest hate crimes in recent U.S. history. The screening, which was held at Dore Theater on the CSU Bakersfield campus, was followed by a discussion between representatives from law enforcement agencies and community leaders, U.S. Attorney Phillip A. Talbert announced.
The acclaimed film, “Waking in Oak Creek,” tells the empowering story of how the community of Oak Creek, Wisconsin responded when six worshipers at a Sikh Temple were killed by a white supremacist during prayer services in 2012. The entire community and law enforcement worked together to overcome tragedy and stand up to hate.
U.S. Attorney Talbert stated: “In the aftermath of the deadly attack on the Sikh gurdwara in Oak Creek, Wisconsin, the entire community rallied together to turn tragedy into an opportunity to unite against hate. The community found positive and inclusive ways to commemorate the victims, which included Sikh worshippers as well as law enforcement officers, and to raise awareness about hate crimes, particularly those directed at Sikhs. I am proud that my office could host a screening of the film that documents that community’s inspiring response to hate and facilitate a discussion about how our community can work together to prevent these crimes from happening in our district.”
The U.S. Attorney’s Office organized this event in partnership with the FBI; the Bakersfield Sikh Community; Sikh Riders of America; Islamic Shoura Council of Bakersfield; California State University Bakersfield, including the School of Social Sciences and Education, the Departments of Criminal Justice, Political Science, and Sociology, the University Police Department, and the Kegley Institute of Ethics; Bakersfield Police Department; Kern County Sheriff’s Office; and the Kern County District Attorney’s Office.
After the screening of the 33-minute film, Kirk Sheriff, chief of the U.S. Attorney’s Office in Fresno, moderated a panel discussion where law enforcement officials and Sikh and Muslim Community leaders offered their perspectives on identifying opportunities and strategies to collaborate in the fight against hate. The panel members were FBI Special Agent in Charge Sean Ragan, Sikh community representative Mandeep Singh Chahal, President of the Islamic Shoura Council of Bakersfield Ollie Zachary, Bakersfield Police Chief Lyle Martin, Kern County Undersheriff Brian Wheeler, and Kern County District Attorney Lisa Green.
The panel discussion was followed by a lively and collaborative question and answer session that gave attendees the opportunity to engage with panelists and have their voices heard on this important issue.
“Waking in Oak Creek” was produced in conjunction with the U.S. Department of Justice COPS Office as part of the Not In Our Town: Working Together for Safe, Inclusive Communities Initiative. Follow this link to view the documentary in full.
Laredo Woman Heads to Prison for Smuggling Drugs Through Port of EntryRead the Press Release
LAREDO, Texas – A 23-year-old woman has been sentenced for her role in a conspiracy to possess with intent to distribute and possession with intent to distribute methamphetamine, announced Acting U.S. Attorney Abe Martinez. Guadalupe Vazquez, of Laredo, pleaded guilty May 5, 2017.
Today, U.S. District Judge Diana Saldaña ordered Vazquez to serve a total of 18 months in federal prison to be immediately followed by three years of supervised release.
On Dec. 19, 2015, Vazquez took part in a conspiracy to smuggle 30 kilograms of liquid methamphetamine through the IH-35 checkpoint near Laredo. She was driving a 2003 BMW sedan in which 30 kilograms of liquid methamphetamine was found inside the gas tank of the vehicle.
Vazquez was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The Drug Enforcement Administration and Border Patrol conducted the investigation. Assistant U.S. Attorney José Angel Flores Jr. prosecuted the case.
Joplin Man Involved in Day Care Operation Indicted for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Joplin, Mo., man who lived in the same apartment where his girlfriend operated a daycare business was indicted by a federal grand jury today for receiving and distributing child pornography over the Internet.
Kent G. Hagan, 52, of Joplin, was charged in an indictment returned by a federal grand jury in Springfield, Mo. Today’s indictment replaces a federal criminal complaint that was filed against Hagan on Aug. 25, 2017. Hagan remains in federal custody without bond.
The indictment alleges that Hagan received and distributed child pornography over the Internet from Aug. 7 to Aug. 22, 2017.
According to an affidavit filed in support of the original criminal complaint, Hagan was living with his girlfriend, who operated an unlicensed day care at her residence. The police department received a tip on Aug. 21, 2017, that Hagan had images of child pornography on his cell phone. His girlfriend kicked him out of the residence, the affidavit says, but he had recently moved back in.
When law enforcement officers interviewed Hagan’s girlfriend, she told them that Hagan had stayed at her residence with the children when she was not present. She also told investigators that she has three minor children of her own and usually cares for four to six children at a time. Hagan’s girlfriend said she found “creepy” images of two young children she babysat for on Hagan’s cell phone and deleted them.
A forensic examination of Hagan’s cell phone found 809 images depicting children as young as toddlers in sexually provocative poses, 69 images that depicted anime child pornographic images and 11 images of suspected child pornography.
Larson cautioned that the charge contained in this indictment is simply an accusation, and not evidence of guilt.This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI, the Joplin, Mo., Police Department and the Southwest Missouri Cyber Crimes Task Force.
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."
Jersey City Police Officer Admits Bribery Conspiracy Involving Off-Duty Work AssignmentsRead the Press Release
NEWARK, N.J. – A Jersey City, New Jersey, police officer today admitted paying bribes in order to obtain compensation for off-duty work he did not perform, Acting U.S. Attorney William E. Fitzpatrick announced.
Michael O’Leary, 35, of Jersey City, 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 bribery.
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. O’Leary was an officer who was eligible to perform off-duty work.
From November 2013 through April 2016, O’Leary engaged in a conspiracy in which he made bribe payments to another Jersey City officer who was authorized to assign off-duty work, in exchange for that officer’s official assistance in submitting phony vouchers to Jersey City indicating that O’Leary had completed certain off-duty assignments. As a result, O’Leary was compensated for work he never performed.
O’Leary 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, he must also forfeit $39,587 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: John Lynch Esq., Union City, New Jersey
Jefferson County woman admits to filing a false tax returnRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Ranson, West Virginia woman pled guilty today to filing a false tax return, Acting United States Attorney Betsy Steinfeld Jividen announced.
Christina Jacobs, age 42, pled guilty to one count of “Filing a False Tax Return.” Jacobs admitted to filing an Income Tax Return for her and her husband in 2012, willfully understating her income from 9 West Hair Studio by approximately $32,030.70, resulting in an unpaid tax due and owing of approximately $9,394.00.
Jacobs faces up to three years incarceration and a fine of up to $100,000. 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 Jarod J. Douglas prosecuted the case on behalf of the government. The Internal revenue Service investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Jefferson County man admits to firearms chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Harper’s Ferry, West Virginia man pled guilty today to a firearms charge, Acting United States Attorney Betsy Steinfeld Jividen announced.
Joshua Craig Grove, age 37, pled guilty to one count of “False Statement During the Purchase of a Firearm.” The crime occurred on September 11, 2015 in Jefferson County.
Grove 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.
Chief U.S. District Judge Gina M. Groh presided.
Indictment: Colorado Man Robbed Bank in Manhattan, Kan.Read the Press Release
TOPEKA, KAN. – A Colorado man already serving time for a bank robbery in Arkansas was indicted here Wednesday on charges he robbed a bank in Manhattan, Kan., U.S. Attorney Tom Beall said.
Kenneth Wayne Fisher, Jr., 41, formerly of Colorado Springs, Colo., is charged with one count of bank robbery. The indictment alleges that on Aug. 26, 2015, Fisher robbed Sunflower State Bank at 2710 Anderson Ave. in Manhattan.
A few months after the Manhattan robbery, Fisher was arrested in California. He was extradited to Arkansas to face charges of robbing a bank in Bentonville, Ark., on Aug. 28, 2015. He pleaded guilty and was sentenced earlier this month to more than eight years in federal prison for the Arkansas robbery.
The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
OTHER INDICTMENTS
Ryan Andrew Rivera, 21, Lawrence, Kan., is charged in a superseding indictment with three counts of using a child to produce child pornography, one count of distributing child pornography, and one count of committing the crimes while required to register as a sex offender. The crimes are alleged to have occurred in January 2016 in Lawrence, Kan.
If convicted, he faces not less than 15 years and not more than 30 years on each of the first three counts, and not less than five years and not more than 20 years and a fine up to $250,000 on the distribution count, and not less than five years on the charge of committing a crime against a minor while being required to register as a sex offender. The FBI investigated. Assistant U.S. Attorney Christine Kenney is prosecuting.
Raphael J. Richmond, 26, Topeka, Kan., was charged with two counts of unlawful possession of a firearm following a felony conviction, and one count of unlawful possession of a stolen firearm. The crimes are alleged to have occurred in June and August 2017 in Shawnee County, Kan.
If convicted, he faces up to 10 years in federal prison on each count and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Identity Thief Heads to PrisonRead the Press Release
CORPUS CHRISTI, Texas – A 38-year-old resident of Luling has been sentenced in Corpus Christi federal court for identity theft, announced Acting United States Attorney Abe Martinez. Joey Ornelas, 38, pleaded guilty May 26, 2017.
Today, U.S. District Judge Nelva Gonzales Ramos imposed a mandatory 24-month prison term to be immediately followed by one year of supervised release. At He was further ordered to pay nearly $4,000 in restitution.
During a traffic stop, authorities observed what they believed to be a counterfeit driver’s license. The license bore the name and driver’s license number of another person but displayed Ornelas’ photograph. Law enforcement conducted a search of his vehicle and discovered more than 20 additional counterfeit Texas Driver’s licenses. They also found fraudulent checks with names matching those on the counterfeit licenses but bearing the account and routing numbers of other individuals. Some of the checks and identities were linked to previous fraudulent purchases from around the state.
Also in his vehicle was equipment to produce high quality counterfeit checks including magnetic inks along with materials for creating fraudulent Texas driver’s licenses needed to pass counterfeit checks. Authorities determined Ornelas was receiving photographs of authentic driver’s licenses of unsuspecting victims from co-conspirators which he would use in the production of the counterfeit licenses.
At the time of his guilty plea, Ornelas admitted he had knowingly used the identification of others to facilitate the commission of his crimes.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Secret Service conducted the investigation with the assistance of the George West Police Department. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting the case.
Idaho Falls Man Sentenced to 132 Months for Receiving Child PornographyRead the Press Release
POCATELLO Clay Ross, 55, of Idaho Falls, Idaho, was sentenced yesterday in United States District Court to 132 months in federal prison for receiving sexually explicit images of minors, followed by 10 years of supervised release, Acting U.S. Attorney Rafael Gonzalez announced. Chief U.S. District Judge B. Lynn Winmill also ordered Ross to pay a $5,100 special assessment. Ross pleaded guilty to the crime on May 24, 2017.
According to the plea agreement, law enforcement agents downloaded over 100 sexually exploitative images and videos of minors from an individual later identified as Ross. A subsequent search of Ross’s home and electronic devices revealed he possessed approximately 688 images and 47 videos of child pornography.
The case was investigated by U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Federal Bureau of Investigation.
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.”