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2 November 2017
Eagle Butte Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on October 30, 2017, by U.S. District Judge Roberto A. Lange.
Elliot Robert Blue Coat, age 41, was sentenced to 87 months in custody, followed by 3 years of supervised release, a fine of $1,000, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Blue Coat was indicted by a federal grand jury on June 14, 2017. He pled guilty on August 15, 2017.
Between April 2014 and June 2017, Blue Coat knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota.
Blue Coat received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota. The individuals who provided Blue Coat with the methamphetamine knew that he intended to engage in further distribution. Blue Coat admitted that it was reasonably foreseeable to him that more than 500 grams of methamphetamine would be distributed during the course of the conspiracy.
Blue Coat also admitted to distributing methamphetamine in Eagle Butte twice on December 30, 2016, and once on January 12, 2017.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Blue Coat was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Acquitted of AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man was acquitted of Assault with a Dangerous Weapon as a result of a federal jury trial in Pierre, South Dakota, on November 1, 2017.
Julian Navarro, age 31, was indicted by a federal grand jury on May 23, 2017.
The charges relate to the events of May 18, 2017, when Navarro allegedly struck the victim with a metal bar.
The investigation was conducted by the Federal Bureau of Investigation and the U.S. Attorney's Office prosecuted the case.
Dunkirk Man Pleads Guilty to Bank Fraud ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Dustin Walker, 24, of Dunkirk, NY, pleaded guilty to conspiracy to commit bank fraud before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney’s Trini E. Ross and Stephanie O. Lamarque, who are handling the case, stated that between February 2016 and October 2016, the defendant worked with co-defendants Sergiy Bezrukov and Mark Farnham at companies with various names such as “Corporate Restructure,” and “Salamanca Payroll Services.” Walker was the Chief of Security for Corporate Restructure, Inc., which operated out of office space in Salamanca, NY and Buffalo NY. The defendant had an office at the Salamanca location and was responsible for conducting employees’ background checks, electronic inventory and monitoring the security cameras in the facility.
Walker, Bezrukov and Farnham, along with others, used a number of fraudulent companies to mail solicitations to small business owners (Victims) which fraudulently informed the Victims that one or more of the fraudulent companies could assist the Victims with restructuring debts they had with other lenders.
Between the summer of 2016 until October 27, 2016, the defendant:
• opened multiple bank accounts at a number of banks, including Citizens Bank, Bank of America, Northwest Savings Bank and First Niagara Bank; • made daily deposits into the bank accounts opened at the aforementioned banks; • made daily withdrawals from the bank accounts at the aforementioned banks; • opened post office boxes which were used to receive Victims mail and to use as the return addresses on solicitation letters; and
• took calls from Victims who were upset and had questions about their “loan restructure.”When talking with Victims over the telephone, the defendant used aliases and provided the Victims with information that was not true or accurate about the status of the purported loan restructure. Walker continued to deposit Victims monies into the account of a shell company that never provided any services withdrew the deposited money from such account.
Charges are pending against Sergiy Bezrukov and Mark Farnham. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division; the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office; and Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Acting Special Agent-in-Charge Kevin Kelly.Sentencing is scheduled for February 2, 2018, at 2:00 p.m. before Judge Vilardo.
Dubuque Man Who Sold Methamphetamine to Serve over 27 Years in Federal PrisonRead the Press Release
A man who sold “ice” methamphetamine in Dubuque, and who sometimes provided drugs in exchange for firearms, was sentenced today to more than 27 years in federal prison.
Dale McCoy, age 51, from Dubuque, Iowa, received the prison term after a May 30, 2017, guilty plea to conspiracy to distribute 50 grams of more of actual methamphetamine.
At the guilty plea, McCoy admitted that he worked with other people to sell ice methamphetamine from at least as early as September 2016 through October 2016. Sentencing documents state that McCoy sold a “high volume” of methamphetamine in Dubuque. McCoy would at times trade the methamphetamine for firearms. McCoy would then supply the firearms to his drug source, in exchange for even more methamphetamine to sell in Dubuque.
McCoy was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. McCoy was sentenced to 327 months’ imprisonment. A special assessment of $100 was imposed, and he must serve a 10-year term of supervised release after his prison term. There is no parole in the federal system.
McCoy is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Justin Lightfoot and investigated by the Dubuque Drug Task Force, the Dubuque Police Department, and the Dubuque County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1015.
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Dominican National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - Francisco Siri, 48, a Dominican national, was indicted today in federal court in Springfield on one count of unlawful reentry of a deported alien.
According to court documents, Siri was deported on Nov. 9, 1992, after being convicted in Essex County Superior Court of trafficking cocaine. Law enforcement officers recently discovered Siri and determined him to be illegally present in the United States.
Siri faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Todd E. Newhouse of Weinreb’s Springfield Branch Office is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Charged with Identity TheftRead the Press Release
BOSTON – A Dominican national was charged today in federal court in Boston with misusing a Social Security number and identity theft.
Saly Romero Aquino, a/k/a Saly Nicaury Romero Aquino, a/k/a Saly Nicauri Romero Aquino, a/k/a Saly Nicauri Romero Tejada, 32, a Dominican national residing in Lawrence, was indicted on one count of misuse of a Social Security number and one count of aggravated identity theft.
According to the indictment, on Feb. 25, 2013, Romero Aquino falsely represented a Social Security number as her own.
The charge of misuse of a Social Security number provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000. The charge of aggravated identity theft provides for a mandatory sentence of two years in prison, up to one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Christine Wichers of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Doctor and Nurse Practitioner Among Three Defendants Charged in Manhattan Federal Court for Oxycodone and Fentanyl Diversion SchemeRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent in Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), James P. O’Neill, the Commissioner of the Police Department for the City of New York (“NYPD”), and Mark G. Peters, the Commissioner of the New York City Department of Investigation (“DOI”), today announced the arrests of ERNESTO LOPEZ, a New York-licensed doctor who wrote thousands of medically unnecessary prescriptions for oxycodone and fentanyl patches over an approximately three-year period, SHARON WASHINGTON-BHAMRE, a pediatric nurse practitioner who also wrote medically unnecessary prescriptions for oxycodone, and AUDRA BAKER, an employee at one of LOPEZ’s medical offices who helped facilitate the diversion scheme. All three defendants are charged with conspiracy to distribute controlled substances and were arrested earlier this morning. The defendants will be presented in Manhattan federal court before U.S. Magistrate Judge Barbara C. Moses later today.
Acting U.S. Attorney Joon H. Kim stated: “As alleged, these defendants acted like drug dealers in lab coats, directly contributing to the glut of highly-addictive opioids flooding the streets of New York City and its surrounding communities. Our office will continue to investigate and prosecute all those who abuse their medical licenses to enrich themselves.”
DEA Special Agent in Charge James J. Hunt stated: “At the same time that cartels are pushing fentanyl on opioid users, this investigation identified a rogue doctor following suit. With offices strategically located in Nassau County, Manhattan, and Queens, Dr. Lopez allegedly wrote unnecessary prescriptions for oxycodone and fentanyl worth millions of dollars on the street. I commend our law enforcement partners for their collaboration and hard work on this investigation.”
DOI Commissioner Mark G. Peters said: “This doctor and his co-defendants in the medical profession disregarded their duty to aid the sick and infirmed, deciding instead to heed personal profit in return for pushing dangerous opioids, according to the charges. DOI is proud to work with our federal and local law enforcement partners on this significant investigation to expose and stop a pill mill advancing the perilous opioid crisis.”
The following allegations are based on the Complaints[1] and other documents filed in Manhattan federal court:
Oxycodone and fentanyl are highly addictive, narcotic opioids that are used to treat severe and chronic pain conditions. Oxycodone prescriptions are in high demand and have significant cash value to drug dealers, who sell them on the street for large amounts of money. For example, 30-milligram oxycodone tablets have a current street value of approximately $20 to $30 per tablet in New York City, with street prices even higher in other parts of the country. Thus, a single prescription for 120 30-milligram tablets of oxycodone can net an illicit distributor $2,400 in cash or more. Fentanyl patches are also commonly abused and sold for cash on the street by drug dealers. Because it is much more potent than heroin, fentanyl frequently results in overdoses that can lead to respiratory depression and death.
From 2015 until October 2017, LOPEZ operated medical clinics located in Manhattan, New York; Jackson Heights, New York; and Franklin Square, New York, where LOPEZ wrote thousands of prescriptions for large quantities of oxycodone and fentanyl patches in exchange for cash payments. BAKER assisted LOPEZ in operating two of his medical offices. LOPEZ typically charged $200 to $300 in cash for “patient visits,” where LOPEZ performed no meaningful physical examination of patients. Instead, a typical “patient visit” consisted primarily of recording a patient’s vital signs and sometimes involved the brief movement of a patient’s limbs. LOPEZ then prescribed large quantities of oxycodone, most frequently 120 30-milligram tablets, and fentanyl patches. Between January 2015 and the present, LOPEZ wrote more than 8,000 oxycodone prescriptions, resulting in an estimated $2 million in fees to LOPEZ. BAKER assisted LOPEZ in the diversion of oxycodone and fentanyl. For example, BAKER steered at least one patient to a particular individual (“CC-1”), so that CC-1 could purchase that individual’s oxycodone prescriptions and resell the drugs on the street.
From December 2015 until October 2017, WASHINGTON-BHAMRE, a pediatric nurse practitioner, wrote scores of medically unnecessary oxycodone prescriptions. During this time, WASHINGTON-BHAMRE wrote oxycodone prescriptions in the names of individuals provided to her by CC-1 without performing any examination of the purported patients.
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LOPEZ, 74, of Flushing, New York, BAKER, 49, of Manhattan, New York, and WASHINGTON-BHAMRE, 52, of Rochelle Park, New Jersey, are each charged with one count of conspiring to distribute and possess with intent to distribute a controlled substance, which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Kim praised the outstanding investigative work of the DEA’s New York Tactical Diversion Squad, which comprises agents and officers from the U.S. Drug Enforcement Administration, the New York City Police Department, the New York State Police, New York State Division of Financial Services and New York City Department of Investigation. Mr. Kim also thanked the Department of Health and Human Services, the New York State Office of the Medicaid Inspector General, the New York City Human Resources Administration, the Nassau County Police Department and Asset Forfeiture Unit, the Nassau County District Attorney’s Office, the New York County District Attorney’s Office, and the New York State Department of Financial Services for their work on the investigation.
Parts of this case were conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state, and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations and those primarily responsible for the nation’s illegal drug supply.
This matter is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Elizabeth Hanft and Michael McGinnis are in charge of the prosecution.
The charges contained in the Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaints, and the description of the Complaints set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Dentist Charged with Unlawful Distribution of Controlled Substances, Health Care Fraud, and Omitting Information on DEA FormRead the Press Release
PITTSBURGH - A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh, Pennsylvania, on charges of Distribution of Hydrocodone and Oxycodone, Schedule II and III controlled substances, outside the usual course of professional practice; Using or Maintaining a Drug-Involved Premises; Health Care Fraud; and Omitting Material Information From Required Reports, Records, and Other Documents, Acting United States Attorney Soo C. Song announced today.
The 200-count superseding indictment named Daniel Garner, 45, a dentist who practiced in Pittsburgh, Pennsylvania, as the sole defendant.
According to the Superseding Indictment, from on or about November 13, 2012, through on or about June 11, 2015, Garner distributed Hydrocodone and/or Oxycodone, Schedule II and III controlled substances, on 196 occasions, outside the usual course of professional practice. The Superseding Indictment also alleges that from in and around July 2011 through in and around March 2015 and from in and around March 2015 through in and around August 2015, Garner knowingly and intentionally used and maintained his dental office for the purpose of unlawfully distributing controlled substances. Further, the Superseding Indictment alleges that from in and around February 2010 through in and around August 2015, Garner committed health care fraud. The Superseding Indictment further alleges that on January 14, 2016, Garner omitted material information from an application for a Drug Enforcement Agency registration number.
The law provides for a maximum total sentence on all counts of incarceration of up to 3,974 years, a fine of $197,500,000, a term of supervised release of 598 years, or all. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Cindy K. Chung is prosecuting this case on behalf of the government.
The Drug Enforcement Administration and the Federal Bureau of Investigation conducted the investigation that led to the prosecution of Daniel Garner.
Dallas Man Sentenced to 567 Months in Federal Prison for November 2015 Armed Assault on Federal OfficersRead the Press Release
DALLAS — Victor Manuel Solorzano, 32, of Dallas, was sentenced today before U.S. District Judge Sam A. Lindsay to 567 months in federal prison for the November 19, 2015 armed assault of two federal law enforcement officers in southwest Dallas, announced U.S. Attorney John Parker of the Northern District of Texas.
In April 2017, Solorzano was convicted, following a four-day trial, of one count of possession with intent to distribute methamphetamine, two counts of assault of a federal officer, and two counts of using, carrying, brandishing and discharging a firearm during and in relation to a crime of violence. Solorzano has been in custody since the time of his arrest in August 2016.
“This shocking example of cold-blooded violence in our neighborhoods and against our law enforcement officers is exactly why we will never stop fighting the fight, said USA Parker. Those who traffic in drugs bring nothing but misery and death to our communities and they must be stopped.”
Co-defendant Edgar Solorzano, 24, pleaded guilty in April 2017 to one count of possession with intent to distribute a controlled substance, two counts of assault on a federal officer and one count of using, carrying, brandishing and discharging a firearm during in relation to a crime of violence. Sentencing is set for November 20, 2017.
According to evidence presented at trial, on November 19, 2015, Victor and Edgar Solorzano, cousins who lived across the street from each other, fired numerous gunshots at two federal officers with the U.S. Department of Homeland Security, Homeland Security Investigations (HSI) with high-powered, semi-automatic firearms, and riddled their pickup truck with bullets as the officers fled for their lives.
Officers went to install a court-ordered tracking device on Victor Solorzano’s vehicle at his residence on Wilbur Street in Dallas, Texas. Victor was under federal investigation by HSI for trafficking methamphetamine at the time. Immediately after installing the tracking device on Victor’s vehicle, Victor, armed with a high-powered AR 15 pistol, confronted the officer in the street and began firing at the officer, striking him in the hand and foot. Edgar, meanwhile, was armed with a high-powered AK 47 pistol. The officer ran for his life as Victor and Edgar fired at him. The officer then got inside the passenger’s side of a pickup as Victor and Edgar began firing numerous gunshots at the two federal officers, who did not return fire. Victor and Edgar continued firing at the federal officers as they sped away. The officer who installed the court-ordered tracking device sustained four nonfatal bullet wounds and the pickup driven by the other officer sustained numerous bullet strikes, all from the back. Miraculously, the officers were not severely injured or killed. In total, the Solorzano cousins fired at least 42 gunshots at the federal officers on a residential street, and their turbulent gunfire even struck other vehicles and a home situated on the street.
After the shooting, Edgar hid the AK 47 pistol he used in the attic of his residence and the AR 15 pistol used by Victor in a neighbor’s backyard. The police searched Edgar’s residence and found the pistol hidden in the attic. The police also found in Edgar’s bedroom more than eight grams of methamphetamine, drug-distribution paraphernalia, and a variety of firearms and ammunition. The police later found the pistol used by Victor in the neighbor’s backyard. The police also searched Victor’s residence and found a gallon-sized ziplock bag containing methamphetamine residue in his closet. A narcotics detective estimated that the bag had contained approximately one to two pounds of the drug. The police also found in Victor’s residence drug-cash and a variety of firearms and ammunition.
The Federal Bureau of Investigation, the Dallas Police Department and U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated. Deputy Criminal Chief Assistant U.S. Attorney Gary Tromblay and Assistant U.S. Attorneys John Kull and Rachael Jones prosecuted.
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Dunavant Receives Tennessee District Attorney’s Highest HonorRead the Press Release
KNOXVILLE, Tenn. (Nov. 2, 2017) – The state’s 31 District Attorneys have recognized U.S. Attorney Mike Dunavant, formerly the District Attorney General for the 25th District, with the McCutchen Award, which was established in 2000 in memory of Tennessee District Attorneys General Conference Director Pat McCutchen.
“Director McCutchen’s goal was for the Conference to be the voice of criminal justice,” said Jerry Estes, Executive Director of the Tennessee District Attorneys General Conference. “Like Pat, Mike has been a key player in the Conference’s work since being elected in 2006, serving in multiple leadership roles. His commitment to justice led to his being appointed a U.S. Attorney. He is more than deserving of this award.”
This award is given annually to a prosecutor who shows an extraordinary embrace of McCutchen’s vision of the Conference as Tennessee’s definitive voice for criminal justice.
“I am honored that my fellow prosecutors would consider me to be in the same category as Pat McCutchen, an exemplary leader,” Dunavant said. “During my time as a District Attorney, I was proud to serve in multiple leadership roles with the Conference. The Conference is the voice of criminal justice, and that in many ways is thanks to Pat McCutchen’s work.”
Dunavant has served in several Conference leadership positions, including President, Vice President and Secretary, and has chaired the Justice and Professionalism Committee since 2014, and previously served on the Legislative and Child Support committees.
Dunavant was first elected as a District Attorney for the 25th Judicial District in 2006, and was re-elected in 2014. He was nominated in June 2017 by President Donald J. Trump to serve as the U.S. District Attorney for the Western District. The U.S. Senate confirmed his nomination in September. Dunavant received his B.A. degree in political science from the University of Tennessee–Knoxville in 1992 and his law degree from the University of Mississippi in 1995. He and his wife, Marianne, live in Atoka with their two sons, Hutch and Trey.
About TNDAGC
The Tennessee District Attorneys General Conference was created by the Tennessee General Assembly in 1961 to provide for a more prompt and efficient administration of justice in the courts of this state. It is composed of the District Attorneys General from the state’s 31 judicial districts. The District Attorneys General are elected for a term of eight years and are responsible for the prosecution of criminal cases on behalf of the state. Visit www.tndagc.org for more information or to contact your local District Attorney General.
Cross Lanes man sentenced to federal prison for gun crimeRead the Press Release
CHARLESTON, W.Va. – A Cross Lanes man was sentenced today to three and a half years in federal prison for a gun charge, announced United States Attorney Carol Casto. Tristen Paxton, 21, previously pleaded guilty to possessing firearms after being convicted of a misdemeanor crime of domestic violence.
Paxton admitted that on March 27, 2017, during a traffic stop conducted by the Sheriff’s Tactical Operations Patrol (STOP) Team of the Kanawha County Sheriff’s Department, he possessed two firearms in the vehicle. Law enforcement recovered a loaded Taurus Judge .45 caliber/410 gauge handgun from the passenger seat and a Poly Technologies AK-47 rifle with a loaded high capacity magazine in the trunk. As part of his plea agreement, Paxton also admitted that he was responsible for selling two other firearms and methamphetamine.
The Kanawha County Sheriff’s Department’s STOP Team and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Corning Man Pleads Guilty to Possession of Child PornographyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Theil, 53, of Corning, NY, pleaded guilty to possession of child pornography before U.S. District Judge David G. Larimer. The charge carries a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that between 2013 and December 16, 2016, the defendant possessed more than 300 images of child pornography on an Apple MacBook Pro laptop. Theil received the images over the internet. Some of the images depicted prepubescent minors and violence.
In November, 2016, the Ithaca Police Department was alerted by a cooperating witness (CW) that she knew a man from Corning who had a sexual interest in children. The CW told officers that Theil showed her naked images of young girls, approximately seven or eight years old, on his iPad. In addition, the CW stated that Theil admitted to her that he had previously sexually abused his niece on multiple occasions when she was approximately 14 years old. The CW further stated that on another occasion, Theil asked her to facilitate a sexual encounter with a minor female.
On December 15, 2016, search warrants were executed at the defendant’s residence in Corning and at Theil’s lake house in Hammondsport, NY. Following the searches, a forensic examination of the defendant’s computer revealed 367 images of child pornography on Theil’s laptop.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, the New York State Police, under the direction of Major Richard Allen, the Ithaca Police Department, under the direction of Chief Pete Tyler, the Steuben County Sheriff’s Department, under the direction of Sheriff James Allard, and the Albany Division of the FBI, under the direction of Special Agent-in-Charge Vadam Thomas.Sentencing is scheduled for December 21, 2017, at 10:00 a.m. before Judge Larimer.
Convicted Felon Sentenced to Eleven Years in Federal Prison for Stealing Firearms from Cargo TrainRead the Press Release
CHICAGO — A federal judge today sentenced a convicted felon to eleven years in prison for stealing more than a hundred firearms from a cargo train on the South Side of Chicago and selling more than a dozen of them.
On April 12, 2015, PATRICK EDWARDS and several acquaintances burglarized the cargo train while it was parked overnight in a railyard in Chicago’s Avalon Park neighborhood. The cargo train was en route from a Ruger factory in New Hampshire to Spokane, Wash. The thieves broke locks on a train car and walked off with approximately 104 firearms, with Edwards keeping 13 guns for himself. He quickly sold the 13 firearms on the black market.
To date, law enforcement has recovered 34 of the 104 stolen firearms at various locations and crime scenes in Chicago and the surrounding area.
Edwards, 38, of Chicago, had previously been convicted of a felony and was not legally allowed to possess a firearm. He pleaded guilty earlier this year to one count of illegal possession of a firearm by a felon, and one count of possession of a stolen firearm. U.S. District Judge John J. Tharp Jr. imposed the 132-month sentence in federal court in Chicago.
The sentencing was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. The Chicago Police Department and the Norfolk Southern Railroad Police Department provided valuable assistance.
“It is important for the community to know that getting involved in the theft and trafficking of firearms comes with significant criminal consequences,” Assistant U.S. Attorneys Christopher V. Parente and Eric Pruitt argued in the government’s sentencing memorandum.
The investigation into the theft and trafficking of the firearms resulted in charges against eleven defendants, including Edwards.
Nine other defendants have been convicted and either sentenced or are awaiting sentencing, including TERRY WALKER (scheduled to be sentenced by Judge Tharp on Dec. 6, 2017, at 2:00 p.m.); FREDERICK LEWIS (sentenced to 15 years in prison); ANDREW SHELTON (sentenced to ten years in prison); WARREN GATES (sentenced to five years and three months in prison); NATHAN DRIGGERS (sentenced to eight years in prison); LORI SHELTON (sentenced to three years of probation); ELGIN LIPSCOMB (awaiting sentencing); MARCEL TURNER (awaiting sentencing); and ALEXANDER PEEBLES (awaiting sentencing).
Cedar Rapids Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
A man who distributed child pornography pled guilty yesterday in federal court in Cedar Rapids.
Craig Watters, age 30, from Cedar Rapids, Iowa, was convicted of one count of distribution of child pornography. At the plea hearing, Watters admitted that, in 2014, he knowingly distributed child pornography. He also admitted that he was convicted of receipt of child pornography in the Northern District of Iowa in 2009.
Sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. Watters remains in custody of the United States Marshal pending sentencing. Watters faces a mandatory minimum sentence of 15 years’ imprisonment and a possible maximum sentence of 40 years’ imprisonment, a $250,000 fine, a $100 special assessment, and supervised release for 5 years to life following any imprisonment.
This case is being prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Iowa Division of Criminal Investigation and the Cedar Rapids Police Department.
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.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 17-69.
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Cape Cod Man Pleads Guilty to Fentanyl ConspiracyRead the Press Release
BOSTON – A Yarmouth Port man pleaded guilty today in federal court in Boston for his role in a wide-ranging operation that distributed heroin and fentanyl throughout Cape Cod.
Alex Fraga, 25, of Yarmouth Port, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl and heroin. U.S. District Court Judge Nathaniel Gorton scheduled sentencing for Feb. 8, 2018.
Alex Fraga and three others were charged as part of a drug ring that shipped large quantities of fentanyl, cocaine and heroin from Boston to Cape Cod, where it was then redistributed. On Aug. 16, 2017, Alex Fraga and his brother, Kevin Fraga, were arrested after federal authorities seized large quantities of fentanyl, heroin and cocaine from the home Alex and Kevin shared in Yarmouth Port.
Approximately one week later, Jose Solivan and James Ramirez, alleged drug suppliers to the Fraga brothers, were arrested, and law enforcement seized fentanyl pills and powdered fentanyl from a drug stash house in Dorchester, Ramirez’s home in Dorchester, and a safety deposit box at Santander Bank in Dorchester. Further investigation revealed Solivan’s true identity as Kelvin Chalas.
Kevin Fraga pleaded guilty on Nov. 1, 2017, to one count of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl, 500 grams or more of cocaine and 100 grams or more of heroin. His sentencing is scheduled for Jan. 24, 2018.
The charge provides for a mandatory sentence of 10 years and up to life in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Cape and Islands District Attorney Michael O’Keefe made the announcement today. The investigation was led by the DEA Cape Cod Resident Office and the Massachusetts State Police - Cape & Islands District Attorney’s Office in conjunction with the Brewster, Harwich, Sandwich, Mashpee, Chatham, Yarmouth, and Barnstable Police Departments and the Barnstable County Sheriff’s Department. Assistant U.S. Attorney Eric Rosen formerly of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Buffalo Man Sentnced for Selling Heroin Which Resulted in A DeathRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Damian Hicks-Bailey, 22, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of, heroin, was sentenced to 96 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that on July 1, 2015, the West Seneca, NY, Police Department responded to a 911 call from a woman screaming that her son was dead. Police officers responded and found an individual dead inside an apartment at 4175 Seneca Street. Officers recovered an uncapped hypodermic needle (next to the victim), a spoon with a dried white cotton ball/filter (next to the victim), and an empty plastic bag. The spoon and cotton ball later tested positive for heroin and the empty plastic bag contained the defendant’s DNA. The victim’s mother, who lived with her son, told officers she last spoke with her son the night before at approximately 9:30 p.m.
Officers subsequently reviewed a string of text messages on the victim’s cell phone during which he discussed purchasing drugs from an individual. The text messages led police to a 7-11 store on Seneca Street where surveillance images captured the defendant exchanging the drugs with the victim at around 1:30 a.m. on the day of his death.
The sentencing is the result of investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division and the West Seneca Police Department, under the direction of Chief Daniel Denz.
Bristol Man Sentenced to 41 Months in Federal Prison for Participating in IRS Impersonation ScamRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that DOUGLAS S. MARTIN, 53, of Bristol, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 41 months of imprisonment, followed by three years of supervised release, for his role in an IRS impersonation scam that defrauded more than 500 victims in the United States and Canada.
An IRS impersonation scam is operated by individuals who falsely represent themselves as employees of the IRS to obtain money from victims. Typically, those executing the fraudulent scheme make unsolicited telephone calls to people and tell them that they are IRS agents or officers calling on behalf of the IRS. During the calls, the impersonator tells the call recipient that the recipient has an outstanding debt with the IRS that must be paid immediately. The impersonator then threatens persons with either arrest or a lawsuit if they do not immediately settle the bogus IRS debt. Victims are instructed to wire money to individuals they believe are employees of the IRS in order to avoid the threatened action.
According to court documents and statements made in court, in October 2015, Nancy J. Frye, of Bristol, received phone calls and text messages from individuals who successfully recruited her to pick up money that was wired through MoneyGram and Western Union and to deposit the money into specific bank accounts. Frye, in turn, recruited Martin and others to assist her in picking up wired funds from locations in central Connecticut. Frye then deposited the money that she collected into the bank accounts.
Between October 2015 and May 2016, Frye and others received approximately $588,000 in wired funds from approximately 547 victims. Martin participated in the scheme from approximately January 2016 to May 2016.
Judge Bryant ordered Martin to pay restitution in the amount of $279,881.13.
Frye and Martin were arrested on September 15, 2016. On May 18, 2017, Martin pleaded guilty to one count of conspiracy to commit wire fraud. Frye, who pleaded guilty to the same charge on June 12, awaits sentencing.
Martin’s criminal history includes more than 40 state convictions.
Judge Bryant ordered Martin, who is released on a $25,000 bond, to report to prison on January 4, 2018.
Since October 2013, TIGTA has received reports of more than 1.9 million impersonation related calls with more than 10,400 victims reporting losses of over $56 million.
This matter is being investigated by the Treasury Inspector General for Tax Administration (TIGTA) of the U.S. Department of the Treasury, and the U.S. Postal Inspection Service. The U.S. Attorney gratefully acknowledges the assistance provided by the Rocky Hill Police Department, Bristol Police Department, and New York State Department of Taxation and Finance.
The case is being prosecuted by Assistant U.S. Attorney Peter S. Jongbloed.
U.S. Attorney Durham stated that the investigation is ongoing and encouraged individuals who receive impersonation calls, including those who have been victimized by this scheme, to report the information at this link.
Brazilian Woman Sentenced for Illegal Re-Entry into United StatesRead the Press Release
ALBANY, NEW YORK – Carla Cristina DePaula, age 39, and a citizen of Brazil and Italy, was sentenced yesterday to time served (4 months in jail) for attempting to illegally re-enter the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry.
As part of her guilty plea, DePaula admitted that she is a citizen of Brazil and Italy, and that she attempted to illegally return to the United States after she was removed to Brazil on July 28, 2008.
On June 25, 2017, DePaula was arrested as she attempted to enter the United States from Canada by bus at the Champlain Port of Entry. DePaula presented her Italian passport and said she intended to travel to Boston, Massachusetts. She did not have permission to re-enter the United States.
Following her sentencing, DePaula was remanded to the custody of the Department of Homeland Security, for removal from the United States.
This case was investigated by United States Customs and Border Protection and prosecuted by Assistant United States Attorney Edward P. Grogan.
Boston Man Charged with Bank RobberyRead the Press Release
BOSTON – Paul B. Landrum, dubbed the “Route 128 bandit,” 38, of Boston, was charged yesterday with bank robbery. He is scheduled to appear before U.S. Magistrate Judge Donald L. Cabell on Friday, Nov. 3, 2017, at 10:15 a.m.
According to court documents, between July 31, 2017, and Oct. 6, 2017, nine banks were robbed in the Greater Boston area, and in all of the robberies, the perpetrator was described as a 30-45-year-old light-skinned black or Hispanic male wearing a baseball hat, sunglasses and a long-sleeved collarless shirt. Based on the descriptive similarities at each bank, law enforcement suspected that the same individual was involved in each robbery.
An investigation into the robber’s get-away vehicle led law enforcement to identify Landrum as the suspect, and on Oct. 24, 2017, law enforcement arrested Landrum in Boston. It is alleged that after being advised of his rights, Landrum admitted to robbing a branch of Bank of America in Bedford on Oct. 6, 2017, and that he robbed the eight other banks in question since July 31.
Landrum faces a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office made the announcement today. The Boston FBI Violent Crimes Task Force, the Massachusetts State Police, and the Boston, Brookline, Medford, Somerville, and Wellesley police departments assisted with the investigation. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the court documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Armed career criminal in possession of a firearm and ammunition sentenced to prisonRead the Press Release
ATLANTA - Stanley Lamar Bailey has been sentenced to 21 years and 10 months in federal prison for possessing ammunition and a firearm on November 7, 2015, after leading police on a dangerous high-speed chase.
“Bailey placed innocent people in danger by leading police on a high-speed chase, eventually crashing his vehicle and fleeing the scene, leaving behind drugs, a thirty-round extended magazine, and a semi-automatic firearm,” said U.S. Attorney Byung J. “BJay” Pak. “My office brought this case as part of the overall Department of Justice enforcement priorities relating to violent crimes. Bailey was a serial offender who has been removed from the community, along with any danger that could result from his actions.”
“Bailey’s criminal history shows a complete and utter disregard for the lives of others as well as for their personal pursuits,” said ATF Assistant Special Agent in Charge John Schmidt. “This sentence is a direct message to criminals that we will target you and we will ensure that you are prosecuted and removed from our streets.”
According to U.S. Attorney Pak, the charges and other information presented in court: On November 7, 2015, a DeKalb County Police Officer was on routine patrol when he saw a car drive past him. The officer ran a check on the tags of the vehicle. He learned that its registration was suspended and it had no valid insurance. As a result, the officer attempted to conduct a traffic stop. However, when he initiated the stop, the driver, who was later determined to be Bailey, initially slowed down as if to pull over, then sped away.
Bailey briefly traveled into oncoming traffic, wrecked the car by hitting another vehicle, and then ran away on foot. In the abandoned vehicle, police found Bailey’s wallet, which contained, among other things, Bailey’s Social Security card and Georgia identification card. The photograph on the identification card matched the person who was driving the car and had fled the scene.
In the vehicle, the officer also found marijuana, drug paraphernalia, a Glock semi-automatic pistol, a thirty-round extended magazine, and twenty-eight rounds of 9mm ammunition. Prior to this incident, Bailey had been convicted of more than seven felonies, including possession with intent to distribute cocaine, possession of a firearm by a convicted felon, burglary, and theft by receiving stolen property. Subsequent to the November 2015 incident, but before his conviction in this case, Bailey was convicted of aggravated assault and battery/family violence.
Stanley Lamar Bailey, 50, of Decatur, Georgia, has been sentenced to 21 years, 10 months in prison to be followed by three years of supervised release. Bailey was found guilty by a jury on July 11, 2017.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the DeKalb County Police Department investigated this case.
Assistant U.S. Attorney Suzette A. Smikle prosecuted 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.
Another Former Correctional Officer Pleads Guilty to Beating of Handcuffed and Shackled Inmate at Louisiana State Penitentiary at AngolaRead the Press Release
Acting United States Attorney Corey Amundson and Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division announced that another former supervisory correctional officer at Louisiana State Penitentiary in Angola, Louisiana, has pled guilty to participating in the beating of a handcuffed and shackled inmate, conspiring to cover up his misconduct by falsifying official records, and lying to internal investigators about what happened.
James Savoy, 39, of Marksville, Louisiana, admitted during his plea hearing yesterday that he witnessed other officers using excessive force against the inmate and failed to intervene; that he conspired with other officers to cover up the beating by engaging in a variety of obstructive acts; and that he personally falsified official prison records to cover up the attack.
Scotty Kennedy, 48, of Beebe, Arkansas, and John Sanders, 30, of Marksville, Louisiana previously pleaded guilty in November 2016, and September 2017, for their roles in the beating and cover up.
“Every citizen has the right to due process and protection from unreasonable force, and correctional officers who violate these basic Constitutional rights must be held accountable for their egregious actions,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Justice Department will continue to vigorously prosecute correctional officers who violate the public’s trust by committing crimes and to covering up violations of federal criminal law.”
“Today is another example of our office’s unwavering commitment to pursuing those who violate the federal criminal civil rights laws,” said Acting United States Attorney for the Middle District of Louisiana Corey Amundson. “We will continue to work closely with the Justice Department’s Civil Rights Division and the FBI to ensure that no one is above the law.”
This case is being investigated by the FBI’s Baton Rouge Resident Agency and is being prosecuted by Assistant U.S. Attorney Frederick A. Menner, Jr. of the Middle District of Louisiana and Trial Attorney Christopher J. Perras of the Civil Rights Division’s Criminal Section.
Additional Former Correctional Officer Pleads Guilty to Beating of Handcuffed and Shackled Inmate at Angola State PrisonRead the Press Release
A former supervisory correctional officer at Louisiana State Penitentiary in Angola, Louisiana, pleaded guilty yesterday in connection with the beating of a handcuffed and shackled inmate, in addition to conspiring to cover up their misconduct by falsifying official records and lying to internal investigators about what happened.
James Savoy, 39, of Marksville, Louisiana, admitted during his plea hearing that he witnessed other officers using excessive force against the inmate and failed to intervene; that he conspired with other officers to cover up the beating by engaging in a variety of obstructive acts; and that he personally falsified official prison records to cover up the attack.
Scotty Kennedy, 48, of Beebe, Arkansas, and John Sanders, 30, of Marksville, Louisiana previously pleaded guilty in November 2016, and September 2017, for their roles in the beating and cover up.
“Every citizen has the right to due process and protection from unreasonable force, and correctional officers who violate these basic Constitutional rights must be held accountable for their egregious actions” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “The Justice Department will continue to vigorously prosecute correctional officers who violate the public’s trust by committing crimes and to covering up violations of federal criminal law.”
“Yesterday is another example of our office’s unwavering commitment to pursuing those who violate the federal criminal civil rights laws,” said Acting United States Attorney for the Middle District of Louisiana Corey Amundson. “We will continue to work closely with the Justice Department’s Civil Rights Division and the FBI to ensure that no one is above the law.”
This case is being investigated by the FBI’s Baton Rouge Resident Agency and is being prosecuted by Assistant U.S. Attorney Frederick A. Menner, Jr. of the Middle District of Louisiana and Trial Attorney Christopher J. Perras of the Civil Rights Division’s Criminal Section.
Aberdeen Man Sentenced on Wire FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that an Aberdeen, South Dakota, man convicted of Wire Fraud was sentenced on October 30, 2017, by U.S. District Judge Charles B. Kornmann.
Marwin Hofer, age 54, was sentenced to 2 years in custody, followed by 3 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund, a $30,000 fine, and $125,436.81 restitution.
Hofer was indicted for wire fraud by a federal grand jury on November 1, 2016. He pled guilty on July 18, 2017.
In 2008, Hofer and three other partners formed an Aberdeen, South Dakota, limited liability company for the purpose of purchasing and leasing warehouse space in Aberdeen. Each partner had equal membership and Hofer served as the managing member, which included the duties of being in charge of the finances and accounting of the business.
On June 12, 2012, Hofer wrote a $10,000 check from the partnership bank account to another entity owned by Hofer. The three other partners did not authorize the transaction. The transfer of funds was part of Hofer’s scheme to defraud his partners for his personal benefit.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Hofer will turn himself in at a later date.
2017 Strom Thurmond Awards for Excellence in Law EnforcementRead the Press Release
COLUMBIA, SC –The United States Attorney’s Office’s Law Enforcement Coordinating Committee (LECC), the South Carolina Law Enforcement Officers’ Association (SCLEOA), and the Strom Thurmond Foundation will host a luncheon on Friday, November 3, 2017, for the presentation of the 2017 Strom Thurmond Awards for Excellence in Law Enforcement. These awards, established in 1983 by Senator Strom Thurmond, are presented annually to a city, county, state, and federal law enforcement officer who has demonstrated the highest ideals of excellence in professional law enforcement. The awards ceremony will be attended by approximately 150 law enforcement officers from throughout the state.
The 2017 awards luncheon will be held at the Fort Jackson Officers’ Club at Fort Jackson. Lunch will begin at 12:00 p.m. and the awards program will begin at approximately 12:45 p.m. The names of award recipients will be announced during the luncheon.
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1 November 2017
“King of Death” Dealer Sentenced for Heroin and Fentanyl DistributionRead the Press Release
NORFOLK, Va. – A Chesapeake man was sentenced today to 36 years in prison for his role in leading a drug trafficking conspiracy that resulted in more than a dozen overdoses and multiple deaths.
“Dawson’s predatory and cold-hearted actions led to the death of two Virginians,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “We will continue to aggressively prosecute those who seek to prey upon vulnerable members of our community, however, law enforcement does not possess the complete answer. We must continue to strive for increases in opioid awareness, education, prevention and treatment so that our communities can rid themselves of this invasive agent of human misery.”
According to court documents, Erskine A. Dawson, 33, managed more than half a dozen individuals who sold between three and ten kilograms of heroin from a Studios 4 Less motel on Military Highway in Virginia Beach. Dawson’s New Jersey sources of supply, Rashad Clark and Kenneth Stuart, aka “Bones,” used stuffed animals to conceal the heroin and fentanyl as they were transported down the East Coast on commercial buses.
“Today’s sentencing sends a strong signal across the Commonwealth that those who put poison on our streets, profit off addiction and threaten the lives of Virginians will be held accountable for their actions,” said Mark R. Herring, Attorney General of Virginia. “The partnerships we’ve made at the local, state and federal levels continue to put dangerous dealers and traffickers behind bars and help keep Virginians safe as we continue our relentless work to combat the heroin and opioid epidemic.”
According to court documents, Dawson’s organization was known for its potent heroin and fentanyl, which was distributed in wax baggies stamped “King of Death,” “Last Call,” and “Steph Curry,” among many others. Dawson and his dealers knew that multiple individuals had overdosed and even died using the product, yet continued to sell it anyway.
“Dawson’s knowledge of the damage and possible death he was dealing to his customers shows his blatant disregard for the sanctity of human life,” said Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division. “He and other dealers like him will be held accountable for their actions. We are pleased to be part of a successful prosecution team that puts death-dealers like Dawson in jail.”
Dawson pleaded guilty to conspiracy to manufacture, distribute, and possess with intent to manufacture and distribute heroin and fentanyl, distribution of fentanyl resulting in death, and possession of firearms during and in relation to a drug trafficking crime on July 18.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Mark R. Herring, Attorney General of Virginia, Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, James A. Cervera, Chief of Virginia Beach Police, and Kelvin L. Wright, Chief of Chesapeake Police, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Special Assistant U.S. Attorney John F. Butler and Assistant U.S. Attorneys Andrew C. Bosse and Daniel T. Young prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:17-cr-61.
Woman Sentenced for Tax Refund Fraud and ID Theft SchemeRead the Press Release
NEWPORT NEWS, Va. – A Hampton woman was sentenced today to nine years in prison for tax refund fraud and identity theft.
According to court documents, Tonya Nicole Matthews, aka Tonya Nicole Williams, 44, has a previous conviction for tax refund fraud and identity theft, and was serving a term of federal supervised release when she undertook her most recent scheme. Over the course of more than four years, Williams filed 172 fraudulent federal income tax returns in the names of 75 stolen identities for over $450,000. Each of these returns claimed that the individuals in whose names they were filed had earned income from one of three fake businesses that Matthews created to further her scheme. To legitimize these claims, Matthews incorporated the businesses in the Commonwealth of Virginia, registered them with the IRS, and filed false wage and withholding documents in which she claimed the businesses had paid millions of dollars in wages to her identity theft victims and withheld over $500,000 in taxes from those wages as required by law. Matthews filed all of the false returns electronically from her residence in Hampton, using accounts she had created in her victims’ names. Matthews directed the IRS to deposit the claimed refunds into prepaid debit card accounts she had also opened in the victims’ names.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Kimberly Lappin, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), made the announcement after sentencing by U.S. District Judge Mark S. Davis. Assistant U.S. Attorney Kaitlin C. Gratton prosecuted 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. 4:16-cr-95.
Wilson Man Convicted in Federal Court of Abusive Sexual Contact with A Child Under 12 YearsRead the Press Release
MARQUETTE, MICHIGAN —Patrick Roy Wandahsega, 40, of Wilson, Michigan, was found guilty of abusive sexual contact with a child under 12 years, Acting U.S. Attorney Andrew Byerly Birge, announced today. The trial, which lasted four days, was held before U.S. District Judge Paul L. Maloney.
The charge arose from an incident in December 2015, in which Wandahsega sexually abused a six-year-old child at his home on the Hannahville reservation. Hannahville law enforcement became aware of the incident when the victim reported the abuse to relatives and later a physician. After an extensive investigation, a federal grand jury indicted Wandahsega on two counts – the first charging Aggravated Sexual Abuse of a Child and the second charging, Abusive Sexual Contact Involving Young Children. The jury found Wandahsega guilty of the second charge. At sentencing, which has yet to be scheduled, Wandahsega will be facing a maximum of life imprisonment.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from sexual exploitation and abuse. The U.S. Attorney's Office, county and tribal prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Hannahville Tribal Police and the Federal Bureau of Investigation investigated the case. Assistant U.S. Attorneys Hannah N. Bobee and Paul D. Lochner prosecuted the case.
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Whitehall Felon Sentenced to Prison for Gun PossessionRead the Press Release
MISSOULA - The United States Attorney’s Office announced today that Terry Lynn Sturdevant was sentenced to 30 months in prison, three years of supervised release, and a $100 special assessment. Chief U.S. District Judge Dana L. Christensen presided over the hearing.
On March 5, 2016, the Jefferson County Sheriff’s Office received a call about a fight between two brothers with a knife in Whitehall, Montana. Sturdevant was fighting with his half-brother. According to medical personnel, he had a short-barreled revolver that he was pointing at his half-brother and a friend during the argument. Both Sturdevant and his half-brother sustained cuts during the fight.
By the time deputies from the Jefferson County Sheriff’s Office arrived, Sturdevant had fled the house. Law enforcement officers found him in the backyard. In the same area, they also found a .22 caliber revolver loaded with one spent round and four live rounds. In 2009, Sturdevant was convicted of felony second degree burglary in the State of New York.
The case was prosecuted by Assistant U.S. Attorney Paulette Stewart and investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jefferson County Sheriff’s Office.
The U.S. Attorney’s Office is partnering with federal, state, local and tribal law enforcement to identify those responsible for significant violent crime in Montana. A centerpiece of this effort is Project Safe Neighborhoods, a recently reinvigorated Department of Justice program that has proven to be successful in reducing violent crime. Today’s sentencing is part of the Project Safe Neighborhoods program.
West Chester Man Sentenced to 30 Months for Defrauding IRSRead the Press Release
Today, United States District Court Judge Harvey Bartle, III sentenced Gebah Kamara, 50, of West Chester, Pennsylvania, to 30 months’ imprisonment for conspiring to defraud the Internal Revenue Service, aiding and abetting the preparation of false federal income tax returns, wire fraud, and aggravated identity theft. The charges arose from the defendant’s participation in a conspiracy to defraud the Internal Revenue Service (“IRS”) by filing false federal income tax returns, which generated large fraudulent refunds. The defendant, a former social worker, stole the personal identity information of foster children from his employer, and sold that information to tax preparers in Philadelphia to use as fraudulent dependents on income tax returns, announced Acting United States Attorney Louis D. Lappen. The defendant pled guilty to the charges on December 3, 2014.
From 2007 through approximately October 2011, defendant Gebah Kamara was employed as a social worker with Catholic Social Services in Philadelphia. During the course of his employment, the defendant had access to the names, dates of birth, and Social Security numbers of foster children and members of the children’s foster families. Beginning In or about 2008, the defendant sold the personal identity information of children for use as false dependents on income tax returns to his codefendants, who operated Medmans Financial Services, a tax preparation business.
Kamara’s codefendants used the children’s personal identity information to create fraudulent dependents on income tax returns, which they prepared for clients and filed with the IRS. By including the false dependents on tax returns, the tax preparers falsely claimed on behalf of their clients a tax exemption for each dependent, and the child tax credit, and often claimed a tax credit for child, dependent care expenses, and the earned income tax credit. These false items generated large fraudulent tax refunds, some in excess of $9,000 per return.
The tax preparers charged clients an additional fee of as much as $800 for fraudulently including a dependent on an income tax return. The defendant was paid approximately $200 to $300 for each child’s identity that was included on an income tax return that was accepted by the IRS for processing.
In addition to providing personal identity information of children to his codefendants to use as false dependents, the defendant also gave them a template that could be used to generate false letters for clients in case of an IRS audit.
For the tax years 2007 through 2010, 283 false tax returns were filed, using 321 foster children's identities that had been provided by Kamara, causing a tax loss of approximately $1,191,093.72.
This case was investigated by the Internal Revenue Service, Criminal Investigation Division, the City of Philadelphia Office of the Inspector General, and the Social Security Administration OIG- Office of Investigations, and was prosecuted by Assistant United States Attorney Frank Costello.
Violent Drug Trafficker Sentenced to 25 Years in Federal PrisonRead the Press Release
PORTLAND, Ore. – On Wednesday, November 1st, U.S. Senior District Judge Robert E. Jones sentenced Raul David Alvarado, 39, of Kelso, Washington, to 25 years in federal prison followed by 5 years of supervised release. On May 25, 2017, Alvarado was found guilty following a jury trial to Conspiracy to Distribute Controlled Substances involving 1 kilogram or more of heroin and 500 grams or more of methamphetamine.
Investigation by the Bureau of Alcohol, Tobacco, and Firearms (ATF) along with local authorities revealed that between January 2014 and October 2015, Alvarado, along with Fidel Villafana-Beltran, partnered to source large amounts of methamphetamine and heroin to sell in Southwest Washington and Northwest Oregon. In June of 2015, agents observed Alvarado entering the Vancouver home of a known drug distributor. After leaving the house with what appeared to be a full backpack, officers attempted to conduct a traffic stop on Alvarado’s vehicle. Rather than stopping, Alvarado eluded at high speeds, cutting through fences, backyards, and side-streets. Along the path of travel, agents found an abandoned backpack containing nearly $15,000, a gun-cleaning kit, and four ounces of pure methamphetamine. Alvarado was arrested on state charges and was subsequently released on conditions. At the time of his arrest on federal charges, agents found firearms, a police scanner, drug paraphernalia, and cash. Even after defendant’s arrest, ATF agents continued searching for the dozens of firearms this investigation linked to Alvarado, and eventually, in January 2016, agents located 45 additional guns ditched in a ravine in Cowlitz County, Washington. Serial numbers on many of these found firearms matched entries on a handwritten list of guns found in the September 2015 search warrant at Alvarado’s residence.
At the sentencing hearing, prosecutors gave examples of defendant’s violent conduct including armed threats to other drug dealers, ramming into a suspected informant’s vehicle, and beating a female co-conspirator in front of other dealers in order to scare them.
“This 25-year sentence will keep a prolific violent offender off the streets for years to come and it protects the community from the dangers he posed,” said Billy J. Williams, U.S. Attorney for the District of Oregon. “Drug dealers beware. Federal agents and local law enforcement will not stop until the people who flood our streets with poison are prosecuted and convicted.”
This case was investigated by the ATF, with assistance from the Multnomah County Sheriff’s Office, the Rainier Police Department, the Clark-Vancouver Drug Task Force and the Cowlitz Wahkiakum Narcotics Task Force. Assistant U.S. Attorney Leah K. Bolstad prosecuted the case in federal court.
U.S. and State of Illinois File Suit Against Owners of Suburban Youth Counseling Center for Allegedly Defrauding Medicaid out of MillionsRead the Press Release
CHICAGO — The United States and the State of Illinois have jointly filed a civil lawsuit accusing the owners of a Chicago-area youth counseling center of defrauding Medicaid out of millions of dollars through a fraudulent billing scheme.
The suit alleges that LAYNIE FOUNDATION INC. and its owners, SUMMER MATHESON and TERRENCE EWING, violated the federal False Claims Act by fraudulently billing Medicaid for more mental health counseling services than the foundation actually provided. The suit further alleges that Matheson and Ewing directed the Matteson-based foundation to seek payment from Medicaid for non-reimbursable activities such as internal case reviews, staff training, clinical supervision, and recordkeeping.
The government’s suit was filed Tuesday in U.S. District Court in Chicago. The government is intervening in a lawsuit that a private citizen initially filed under seal in 2014 pursuant to the qui tam, or whistleblower, provisions of the False Claims Act.
The lawsuit was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; Lisa Madigan, Illinois Attorney General; and Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General. The Illinois State Police assisted in the investigation.
According to the suit, Matheson and Ewing instructed Laynie Foundation employees to fraudulently inflate the mental health services they provided to youths. Matheson and Ewing exploited the fact that most of the foundation’s counselors and social workers were new to the profession, and for many, working at Laynie Foundation was their first job in the mental health field, the suit alleges. When multiple employees questioned Matheson about billing practices, Matheson warned that Laynie Foundation would lose its eligibility and funding from Medicaid if the employees did not bill as instructed. If employees did not comply, the suit alleges, Matheson and Ewing would tell them “not to mess with [Matheson’s and Ewing’s] money.”
From January 2012 through February 2016, Laynie Foundation submitted approximately $8.2 million in claims for purported mental health services. The foundation received approximately $6.3 million for these claims, the suit states.
In addition to the fraudulent billing scheme, the suit contends that Laynie Foundation violated state clinical supervision requirements by failing to have a licensed mental health professional certify that the services Laynie Foundation provided were medically necessary and met professional standards of care.
The False Claims Act permits private individuals to sue for false claims on behalf of the government and to share in any recovery. The Act also allows the government to intervene or take over the lawsuit, as it has done in this case, and to recover three times damages plus civil penalties ranging from $5,500 to $11,000 for each false claim submitted by the defendants.
Medicaid is a state-administered program, and each state sets its own guidelines regarding eligibility and services. Funding for Medicaid is shared between the federal government and the State of Illinois for Illinois Medicaid recipients.
The public is reminded that civil allegations are accusations only, and there has been no determination of liability. The government is represented by Assistant U.S. Attorney Prashant Kolluri of the U.S. Attorney’s Office, and Assistant Attorneys General Elisa C. Hamilton and Robert A. Barba of the Illinois Attorney General’s Office.
Two Mercer County, New Jersey, Men Admit Armed Robbery Spree of Electronics Stores in New Jersey and PennsylvaniaRead the Press Release
CAMDEN, N.J. – Two Trenton, New Jersey, men admitted robbing Metro PCS stores in Willingboro, New Jersey, Lumberton, New Jersey, and Levittown, Pennsylvania, in September and October 2016, Acting U.S. Attorney William E. Fitzpatrick announced today.
Rodney Day, 26, pleaded guilty today before U.S. District Judge Joseph H. Rodriguez in Camden federal court to an information charging him with one count of conspiracy to commit Hobbs Act robberies. Zeldrick Nance, 30, pleaded guilty before Judge Rodriguez to a separate information with the same charge on Oct. 30, 2017. Both defendants have been in custody since their arrest on Jan. 3, 2017.
According to documents filed in this case and statements made in court:
On Sept. 29, 2016, Day, Nance and Lisa Anderson, 34, of Griffithville, Arkansas, drove to the Willingboro Metro PCS Store. Day brandished what appeared to be a firearm while Nance duct taped the store occupants and placed them into a store bathroom. Meanwhile, Anderson stole cellular telephones and money from the cash registers. During the robbery, Day demanded the keys to a car owned by one of the victims. Day, Nance, and Anderson fled with the stolen cellular telephones and money in that stolen car.
On Oct. 7, 2016, Day, Nance, and Anderson drove to the Lumberton Metro PCS Store. Day brandished what appeared to be a firearm while Nance duct taped a store occupant, put that victim in a storage room, and took the victim’s wallet and keys. Meanwhile, Anderson stole cellular telephones and money from the cash registers.
On Oct. 12, 2016, Day, Nance, and Anderson drove to the Levittown Metro PCS Store. Day once again brandished what appeared to be a firearm while Nance duct taped the victims inside the store and put them in a store bathroom. Anderson subsequently entered the store and stole cellular telephones and money from the cash registers.
The charge of conspiracy to commit Hobbs Act robberies carries a maximum potential penalty of 20 years in prison and a $250,000 fine. Sentencing for Day and Nance is set for Feb. 14, 2018 and Feb. 7, 2018, respectively.
Anderson has been in custody since her arrest on Jan. 3, 2017. She has pleaded guilty to her role in the robberies and is currently scheduled for sentencing on Dec. 5, 2017.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to this week’s guilty pleas. He also thanked the Willingboro, Lumberton, and Levittown police departments, as well as the Burlington and Mercer County Prosecutor’s Offices for their assistance in this case.
The government is represented by Assistant U.S. Attorney Jacqueline M. Carle of the U.S. Attorney’s Office Criminal Division in Camden.
Defense counsel:
Day: Peter A. Levin Esq., Philadelphia
Nance: Robert Wolf Esq., Westmont, New Jersey
Superseding Indictment Filed Against Scranton Man in Sex and Drug Trafficking CaseRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that a federal grand jury returned a second superseding indictment on October 31, 2017, against Mark Cook, age 39, of Scranton, Pennsylvania, charging him with an additional count of sex trafficking by force, fraud and coercion.
According to United States Attorney Bruce D. Brandler, the second superseding indictment alleges that Cook, who used the street name of “Lucky,” used force or coercion in connection with an additional victim of sex trafficking during December 2015 through January 2016.
The second superseding indictment also contains the original charges of conspiracy to commit sex trafficking by force and coercion, four other counts of sex trafficking by force, fraud and coercion, a count of attempted sex trafficking by force, fraud, and coercion, possession with intent to distribute heroin, “molly,” and cocaine, conspiracy to distribute cocaine, attempted witness tampering, and wire fraud.
According to the second superseding indictment, Cook used a website to post advertisements for prostitution, rented hotel rooms in Scranton, Wilkes-Barre, and elsewhere for prostitution purposes, and used intimidation, threats, physical assaults, and illegal drugs to further the prostitution business.
The charges against Cook resulted from an investigation by the Federal Bureau of Investigation, the Pennsylvania State Police, and Scranton Police. Assistant U.S. Attorneys Francis P. Sempa and Jenny S. Roberts are prosecuting the case.
The sex trafficking offenses each carry a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of life in prison. The drug charges and attempted witness tampering charge each carry a potential maximum sentence of 20 years in prison. The wire fraud charge carries a potential maximum sentence of 30 years in prison, and the attempted witness tampering count carries a potential maximum sentence of 20 years in prison.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Stratford Man Sentenced to 57 Months in Federal Prison for Distributing HeroinRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that ANTHONY LEE PAROWSKI, 30, of Stratford, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 57 months of imprisonment, followed by three years of supervised release, for distributing heroin.
According to court documents and statements made in court, in March 2017, the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force and Milford Police Department received information that PAROWSKI was distributing heroin to numerous individuals. In April 2017, investigators conducted two controlled purchases of heroin from PAROWSKI, the second of which occurred in a Milford motel room that PAROWSKI had rented. On April 20, investigators approached PAROWSKI as he exited the motel carrying a cardboard box. PAROWSKI dropped the box and ran, and was observed discarding items as he ran. He was apprehended after a brief pursuit. A search of PAROWSKI’s person, the cardboard box and the area of the chase revealed approximately 190 dose bags of heroin, 66 grams of additional heroin, and items used to process and package heroin for street sale. A subsequent search of PAROWSKI’s Stratford residence revealed $32,210 in cash.
PAROWSKI has been detained since his federal arrest on April 25. On July 25, he pleaded guilty to one count of distribution of heroin.
Judge Bolden ordered PAROWSKI to forfeit the cash seized from his residence.
The DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force includes members from the Bridgeport, Stamford, Stratford, Norwalk and Milford Police Departments, and the Connecticut State Police.
This case was prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Steuben County Man Sentenced for Making A False StatementRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Brian Woodhams, 40, of Wayland, NY, who was convicted of making false statements to a federal agent, was sentenced to time served and one year supervised release by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Mary C. Baumgarten, who handled the case, stated that since October of 2015, the defendant held a student pilot license issued by the Federal Aviation Administration (FAA). Such license permitted Woodhams to fly an airplane with a flight instructor or by himself. Under the license, if Woodhams flew with a passenger, then a flight instructor also had to be on board the airplane.
On October 31, 2015, the defendant was involved in an accident while landing his Piper Cherokee 140 airplane at the Perry-Warsaw Airport in Perry, NY. The airplane veered to the right, and Woodhams over-corrected and hit the brakes, causing the nose of the plane to go into the ditch off the runway. At the time of the accident, there was a 15-year old boy on board as a passenger, but no flight instructor.
On November 2, 2015, FAA Aviation Safety Inspectors viewed the defendant’s airplane at the Perry-Warsaw Airport. During a telephone conversation, Woodhams told inspectors that he had sustained a bloody nose and hurt his shin during the crash. The defendant also stated that he was the only occupant in the airplane at the time of the accident but that his son approached the aircraft immediately after the crash and slipped and fell as he climbed up the flap, hitting his nose and causing a bloody nose.
Woodhams met with inspectors in person on November 4, 2015, and stated once again that he was the only occupant of the aircraft at the time of the accident and that his son arrived at the crash scene later. The defendant was told that a witness reported seeing his son in the aircraft but Woodhams again denied this fact.
On November 10, 2015, the defendant submitted a Pilot/Operator Aircraft Accident/Incident Report to the National Transportation Safety Board (NTSB) and failed to report that there was a passenger on the plane who was injured during the accident.
On January 10, 2017, Woodhams was interviewed by a Special Agent of the U.S. Department of Transportation, Office of Inspector General, and FAA inspectors and stated once again that he was the only person on the plane at that time. When questioned concerning evidence developed during the FAA investigation that there was a passenger in the plane at the time of the crash, defendant denied that there was a passenger in the plane and he gave an alternative explanation that was untrue.
The sentencing is the result of an investigation by the Department of Transportation, Office of the Inspector General, under the direction of Special Agent-in-Charge Douglas Shoemaker and the Federal Aviation Administration, Rochester Flight Standards District Office, under the direction of Office Manager Carl Kohl.
Statement on U.S. v KoerberRead the Press Release
“After a thorough review and careful consideration, we notified the Court today that the United States intends to retry its case against Mr. Koerber. We have asked U.S. District Judge Robert J. Shelby to set a status conference at which time the United States will request a firm date for retrial.
“On October 16, 2017, the Court dismissed the jury in the first trial after they were unable to reach a unanimous verdict. Since that time, a number of jurors have volunteered their perspectives relating to their jury service in this matter. Based upon what we learned from these candid and informative discussions, and based upon the serious crimes alleged and unresolved, the United States will move forward with this case. Immediately following the first trial, there were defense assertions that an overwhelming number of jurors were in favor of acquittal. Based upon the information volunteered to our office, those claims appear to have no merit.
“While we recognize the cost, time, and energy it will take to retry this case, it is the right thing to do. In a case where investors entrusted approximately $100 million to the defendant, of which well over $50 million was redistributed to other investors, a jury should reach a unanimous verdict as to the defendant’s culpability, or lack thereof. For either party and for our broader community, justice demands the finality of a unanimous jury verdict.”
U.S. Attorney John W. Huber
Statement by Attorney General Sessions on Fentanyl Safety Recommendations for First RespondersRead the Press Release
Attorney General Sessions released the following statement on Fentanyl Safety Recommendations for First Responders release by the White House today: “Members of law enforcement and other first responders protect American families from deadly drugs like fentanyl each day,” Attorney General Jeff Sessions said. “But these drugs put first responders at risk too, since even trace amounts of fentanyl can be lethal. Today’s recommendations will help protect the lives of those who protect us and make it easier for them to do their jobs. I want to thank President Trump for his leadership on this issue, which is critical to supporting law enforcement officers throughout the country.”
Six indicted for conspiracy to mail a ton of marijuana to Northeast Ohio from West Coast and launder the profitsRead the Press Release
Six people were indicted for their roles in a conspiracy to ship at a ton of marijuana to Ohio from Hawaii, California and Oregon, and then launder the drug profits, law enforcement officials said.
Named in the two-count indictment are: William B. Murphy, 37, of Kealakekua, Hawaii; Michael W. Spellman, 59, of Kealakekua, Hawaii; Peter Reichert, 30, of Lyndhurst; Dustin Robinson, of East Liverpool; Young Hee Park, of Broadview Heights, and So Young Park, of Kealakekua, Hawaii.
All the defendants are charged with one count of conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. Murphy, Spellman and the Parks are charged with conspiracy to launder money.
According to the indictment:
Murphy grew marijuana in Hawaii and procured marijuana in Hawaii, California and Oregon and had it shipped to people in Ohio.
Spellman packaged the marijuana inside five-pound foil coffee bags, which also contained loose coffee beans, and mailed them to various addresses in Northeast Ohio, including a location in Shaker Heights. Murphy paid Spellman $100 for each package he mailed.
Reichert received packages of marijuana in Northeast Ohio, including in Chester Township, mailed from Hawaii, California and Oregon, for further distribution. Robinson received packages of marijuana in Pennsylvania mailed from Hawaii and California.
Robinson also mailed bulk cash to Spellman from East Liverpool. Murphy and Spellman had drug profits mailed to them at several post office boxes in Hawaii and California.
Young Hee Park received cash payments in Ohio from various marijuana customers and then mailed the cash to Murphy in Hawaii. Park mailed the packages containing cash from 25 different post offices in Northeast Ohio to avoid suspicion.
Spellman opened a bank account at Fifth Third Bank in Mentor. He and Murphy directed people in Ohio to deposit cash into the account from at least 15 different bank branches, in order to avoid detection. They used a similar arrangement with accounts opened at PNC Bank.
The defendants deposited at least $348,000 in cash into the accounts between 2014 and 2016. They used the accounts to pay for living expenses and other purchases, including airline tickets from flights between Cleveland and Hawaii totaling $40,959; drones from Drones, Inc. totaling $13,062; a greenhouse in Hawaii for $10,632; a Honda ATV for $11,170, and other purchases.
Overall, Murphy, Spellman and the other conspirators caused approximately 1,113 packages containing marijuana to be shipped to Northeast Ohio between 2014 and 2016. Additionally, they caused approximately 965 packages containing bulk cash to be mailed from Ohio to Hawaii, California and Oregon.
“This group mailed thousands of pounds of marijuana to Greater Cleveland from the West Coast and then laundered nearly $350,000 in drug profits,” U.S. Attorney Justin Herdman said. “The leaders of this conspiracy paid for a lavish lifestyle with drug money, but now it will cost them federal prison.”
“From coast to coast the IRS will take every step to ferret out those who attempt to launder the proceeds of illegal drug profits,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “The laundering of illegal drug profits is as important and essential to drug traffickers as the very distribution of their illegal drugs. Without these ill-gotten gains, the traffickers could not finance their organizations.”
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Aaron Howell following an investigation by the Drug Enforcement Administration, U.S. Postal Inspection Service, Internal Revenue Service and the Lake County Narcotics Agency.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Sioux City Man Pleads Guilty to Drug Offense and Child Pornography OffenseRead the Press Release
A lawful permanent resident who possessed more than one-half pound of cocaine and child pornography pled guilty today, November 1, 2017, in federal court in Sioux City.
Jose Ramon Ortega-Ramirez, 23, from Sioux City, Iowa, was convicted of one count of possession with the intent to distribute cocaine and one count of possession of child pornography.
In a plea agreement, Ortega-Ramirez admitted that law enforcement intercepted a package from Mexico containing approximately 290.70 grams of cocaine. The package was addressed to “Jhon Smith” and had Ortega-Ramirez’s address on it. On August 4, 2017, law enforcement executed a controlled delivery of the package at Ortega-Ramirez’s. On this day, Ortega-Ramirez approached the undercover agent, identified himself as “Jhon Smith,” signed for the package, and brought it into his home. Shortly thereafter, officers executed a search warrant on the residence and found the package in Ortega-Ramirez’s bedroom hidden underneath a blanket on his bed. After his arrest, Ortega-Ramirez claimed that he had accepted the package on behalf of the tenants in the upstairs apartment who he knew to sell cocaine, methamphetamine, and marijuana. He claimed he expected to receive marijuana as compensation. Shortly after the interview ended, Ortega-Ramirez attempted to escape from police custody by running approximately thirty feet and jumping over the second floor railing that was approximately twenty feet off the ground. Before defendant exited the residence, five law enforcement officers subdued him.
In a plea agreement, Ortega-Ramirez also admitted that he possessed images conveying nude images of a minor. Ortega-Ramirez also admitted that he also possessed images and videos of the minor engaging in sexually explicit activity. Ortega-Ramirez was aware that the minor was under the age of 18 at the time.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Ortega-Ramirez remains in the custody of the United States Marshal pending sentencing. Ortega-Ramirez faces a possible maximum sentence of 20 years’ imprisonment, up to a $1,000,000 fine, $200 in special assessments, and at least 5 years of supervised release up to life following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Tim Duax and Special Assistant United States Attorney Ajay Alexander, and was investigated by the Tri-State Drug Task Force based in Sioux City, Iowa, that consists of law enforcement personnel from the Drug Enforcement Administration; Sioux City, Iowa, Police Department; Homeland Security Investigations; Woodbury County Sheriff’s Office; South Sioux City, Nebraska, Police Department; Nebraska State Patrol; Iowa National Guard; Iowa Division of Narcotics Enforcement; United States Marshals Service; South Dakota Division of Criminal Investigation; and Woodbury County Attorney’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file numbers are 17-CR-4049 and 17-CR-4066.
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Rural Retreat Man Sentenced for Aiding Counterfeiting Scheme and for Firearm OffensesRead the Press Release
Abingdon, VIRGINIA – A Rural Retreat man, who aided another man with a counterfeiting scheme, provided a firearm to him, and possessed stolen firearms was sentenced yesterday in the United States District Court for the Western District of Virginia in Abingdon, announced Acting United States Attorney Rick A. Mountcastle.
Robert Louis Fowler, 38, was sentenced yesterday in federal court to 15 months in prison and three years of supervised release. He was also ordered to pay over $8,500 in restitution. Fowler previously pleaded guilty to one count of a principal and aider and abettor with intent to defraud, falsely making counter US currency, one count of knowingly possessing a stolen firearm and one count of knowingly and intentionally selling or disposing of a firearm to a convicted felon.
Fowler’s case relates to that of Chad Edward Harmon, 34, of Wytheville. Harmon previously pleaded guilty to one count of uttering counterfeit obligations and one count of being a previously convicted felon illegally in possession of a firearm. On May 30, 2017, Harmon was sentenced to 12 months and one-day of federal incarceration.
According to evidence presented at previous hearings by Assistant United States Attorney Jennifer R. Bockhorst, in November 2016, several businesses in Wythe County reported to the Wythe County Virginia Sheriff’s Office an influx of counterfeit money being passed. The Wythe County Sheriff’s Office contacted the United States Secret Service in Roanoke after arresting Harmon while trying to pass what was believed to be a counterfeit bill. While being held in custody, Harmon made a call from jail in which he told another individual that the police had missed some money hidden in a special compartment in his vehicle and they discussed a firearm he had removed prior to the search.
Agents with the United States Secret Service examined several of the counterfeit Federal Reserve Notes received by local banks and businesses in Wythe County, determined they were, in fact counterfeit, and had been produced by a scanner/printer/copier or commercial computer and printer that was recovered from Harmon’s home during the execution of a state search warrant.
Fowler later detailed for police how Harmon counterfeited money and admitted to giving Harmon the scanner/printer/copier. Fowler also admitted that he supplied Harmon, who he knew to be a convicted felon, with a 9 mm pistol.
Evidence also established that Fowler had possessed a firearm he knew to be stolen.
The investigation of the case was conducted by The United States Secret Service and the Wythe County Sheriff’s Office. Assistant United States Attorney Jennifer R. Bockhorst prosecuted the case for the United States.
Removed Alien Charged with Illegally Returning to United StatesRead the Press Release
PITTSBURGH - An illegal alien found in Moon Township, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of Illegal Re-Entry After Deportation, Acting United States Attorney Soo C. Song announced today.
The one-count indictment, returned on October 31, 2017, named Jose Bedoya-Pelaez, age 35, of Guatemala, as the sole defendant.
According to the indictment presented to the court, Jose Bedoya-Pelaez, an illegal alien, was formally removed from the United States by United States Immigration and Customs Enforcement on July 13, 2011. Jose Bedoya-Pelaez was found to be illegally present on October 10, 2017.
The law provides for a maximum total sentence of two years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney James T. Kitchen is prosecuting this case on behalf of the government.
The U.S. Department of Homeland Security, Immigration and Customs Enforcement conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Real Estate Investor Sentenced to 12 Months in Prison for Rigging Bids at Northern California Public Foreclosure AuctionsRead the Press Release
A real estate investor was sentenced today for his role in a conspiracy to rig bids at public real estate foreclosure auctions in Northern California, the Department of Justice announced.
Ramin Rad “Ray” Yeganeh was charged on June 25, 2015, in an indictment returned by a federal grand jury in the Northern District of California. Yeganeh pleaded guilty on June 14, 2017, to one count of bid rigging at real estate foreclosure auctions in Alameda County. Today, Yeganeh was sentenced to serve 12 months in prison and to serve three years of supervised release. In addition to his term of imprisonment, Yeganeh was ordered to pay $149,733 in restitution.
“As today’s sentencing shows, antitrust crimes don’t pay,” said Assistant Attorney General Makan Delrahim of the Justice Department's Antitrust Division. “In addition to facing prison time, defendants can expect to pay restitution for their ill-gotten gains.”
Between September 2008 and January 2011, Yeganeh and other bidders at the auctions conspired not to bid against one another for selected properties, instead designating a winning bidder for the property at the auction. The members of the conspiracy then held a second set of private auctions known as “rounds” to award the properties to members of the conspiracy and determine payoffs for other conspirators who had agreed not to bid against each other at the public auctions. The private auctions often took place at or near the courthouse steps where the public auctions were held.
When real estate properties are sold at public auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with the remaining proceeds, if any, paid to the homeowner.
The sentence is a result of the division’s ongoing investigation into bid rigging at public real estate foreclosure auctions in California’s San Francisco, San Mateo, Alameda and Contra Costa counties.
These investigations are being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Office. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Antitrust Division’s San Francisco Office at 415-934-5300 or call the FBI tip line at 415-553-7400.
Raleigh Man Convicted of Firearms OffensesRead the Press Release
RALEIGH - United States Attorney Robert J. Higdon, Jr. announced that DAMIEN NOWELL of Raleigh was convicted following a jury trial of two federal firearms violations. The charges arose from a search warrant executed at NOWELL’S residence at 2416 Evers Drive in Raleigh on February 4, 2015.
In a jury trial held before Chief United States District Judge James C. Dever, III, NOWELL was convicted of possession of a firearm in furtherance of a drug trafficking crime and felon in possession of a firearm. The evidence presented at trial revealed that as members of the Raleigh Police Department Gang Suppression Unit began to execute a search warrant at the defendant’s residence, NOWELL was located in a bathroom attempting to flush approximately 70 grams of cocaine down the toilet. The cocaine was recovered. During the search, a Beretta .40 caliber handgun was recovered from underneath an air mattress in NOWELL’s bedroom, loaded with 14 rounds of ammunition, including one in the chamber. A search following the arrest resulted in the recovery of an additional 7 grams of cocaine from NOWELL’s person, in addition to over $1,400.00 in cash. NOWELL confessed to the cocaine but denied possession of the firearm.
NOWELL was also charged with federal narcotics offenses, to which he pled guilty at an earlier hearing. Chief Judge Dever scheduled sentencing for February 5, 2018. NOWELL faces a maximum of 10 years in prison for the felon in possession offense, plus a mandatory minimum of 5 consecutive years for the possession of the firearm in furtherance of a drug trafficking crime. He faces a maximum of 20 years for the drug crimes to which he pled guilty earlier.
This case is part of the Project Safe Neighborhoods (PSN) initiative which encourages federal, state, and local agencies to cooperate in a unified “team effort” against gun crime, targeting repeat offenders who continually plague their communities.
Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Raleigh Police Department. Assistant United States Attorney John Bennett is prosecuting the case.
Premier Aviation Pleads Guilty to Environmental CrimeRead the Press Release
SYRACUSE, NEW YORK – Premier Aviation Overhaul Center, an airplane maintenance and painting company with a facility in Rome, New York, pled guilty today to omitting material information regarding hazardous waste on a trash compactor label, and was sentenced to pay a fine of $40,000.
The announcement was made by Acting United States Attorney Grant C. Jaquith; Tyler Amon, Special Agent in Charge for the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID) in New York; and Joseph H. Schneider, Director of Law Enforcement, New York State Department of Environmental Conservation (DEC).
Premier Aviation admitted that in February 2014, one or more of its employees placed large sheets of plastic containing hazardous chromium waste into a large trash compactor without updating the labels on the trash compactor to disclose the presence of hazardous waste inside. The chromium waste was generated when Premier Aviation stripped paint from older airplanes, and it remained stored in the trash compactor – which was not an appropriate means of disposal for the hazardous waste – for approximately two weeks prior to being seized by law enforcement. Subsequent tests revealed that the levels of chromium on the plastic sheets in the trash compactor were approximately 23 times higher than the legal limit. Premier Aviation admitted that it failed to report that one or more of its employees had stored and maintained chromium illegally in the trash compactor. Premier Aviation pled guilty to being an accessory after the fact to this environmental crime.
United States Magistrate Judge Thérèse Wiley Dancks sentenced Premier Aviation to pay a $40,000 fine. In its plea agreement the company also agreed to provide the EPA with quarterly statistics specifying the hazardous waste generated, stored, and disposed at its facility, to provide specific waste and emergency response training to all of its employees who handle paint, paint stripping processes, or any other hazardous waste materials, and to abide by a Hazardous Waste Reduction Plan, which was drafted by Premier Aviation and approved by EPA and DEC prior to the plea hearing. In addition, Premier Aviation agreed to allow EPA-CID and DEC to inspect its facility in Rome, and its compliance with the terms of the plea agreement and with all applicable laws and regulations, at any time, and without notice, until September 30, 2018.
This case was investigated by EPA-CID and DEC, and was prosecuted by Assistant U.S. Attorney Michael F. Perry.
Pittsburgh Felon with Multiple Convictions Charged with Federal Firearms OffenseRead the Press Release
PITTSBURGH – A resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating the federal firearms laws, Acting United States Attorney Soo C. Song announced today.
The one-count indictment, returned on October 31, 2017, named James Taric Byrd, age 40, of Pittsburgh, Pennsylvania.
According to the indictment, on or about February 23, 2015, Byrd, an individual with prior felony convictions for Aggravated Robbery, with Firearm Specification; Robbery, with Firearm Specification; Kidnapping, with Firearm Specification; and Aggravated Burglary, with Firearm Specification; Aggravated Assault; Firearms not to be Carried without a License; and Recklessly Endangering Another Person (two counts), did knowingly and unlawfully possess a .40 caliber Sig Sauer handgun and ammunition. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
For Byrd’s offense, the law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Brendan T. Conway is prosecuting this case on behalf of the government.
The Pittsburgh Bureau of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation leading to the indictment in this case. This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pair Sentenced on Federal Conspiracy ChargesRead 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, were sentenced yesterday 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, previously waived their right to be indicted and pleaded guilty to one count of conspiracy to commit offenses against the United States: Specifically, 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.
Yesterday in Federal Court, Jaiswal and Mir were sentenced to time served and were ordered to be deported. The court also imposed a $30,000 forfeiture which was paid by the defendants.
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), lorazepam (Schedule IV), human growth hormone, sildenafil and tadalafil.
The investigation of the case was conducted by the U.S. Food and Drug Administration – Office of Criminal Investigations with the assistance of the Drug Enforcement Administration’s Drug Diversion Office in New Delhi, India. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
New York Resident Charged with Providing Material Support to ISIS, Extradited to United StatesRead the Press Release
An indictment was unsealed today charging Mirsad Kandic, 36, a legal permanent resident of the United States who left the United States in 2013, with one count of conspiring to provide material support and resources to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, resulting in death, and five counts of providing and attempting to provide material support and resources to ISIS, including personnel, equipment and false documentation and identification, including one count resulting in death. The defendant was extradited to the United States from Bosnia and Herzegovina yesterday and is scheduled to be arraigned at 2:00 p.m. before U.S. District Judge Nicholas G. Garaufis at the federal courthouse in Brooklyn, New York.
Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Bridget M. Rohde for the Eastern District of New York, Assistant Director in Charge William F. Sweeney, Jr., of the FBI’s New York Field Office and Commissioner James P. O’Neill of the NYPD announced the extradition and charges.
“As part of his support for ISIS, the defendant traveled overseas and, while abroad, recruited and facilitated the travel of foreign fighters to join the terrorist organization,” said Acting Assistant Attorney General Boente. “The National Security Division will continue to use all its tools to disrupt the flow of foreign fighters and bring to justice those who provide material support to foreign terrorist organizations.”
“As alleged, defendant Kandic abandoned the United States, his adopted country, and joined ISIS, a violent terrorist organization opposed to the U.S. and its interests,” stated Acting U.S. Attorney Bridget M. Rohde. “From Turkey, he proceeded to recruit others to join ISIS, swelling their ranks and helping them commit terrorist acts such as suicide bombings. Together with our law enforcement partners, we will continue to prosecute ISIS members, as well as other terrorists, to the fullest extent of the law.” Ms. Rohde thanked the authorities of Bosnia and Herzegovina, the FBI Legal Attaché’s Office in Sarajevo, and the Department of Justice’s Office of International Affairs, for their assistance in the investigation and effecting the defendant’s extradition.
“As alleged, at the same time Kandic lived freely among us in New York, he expressed a desire to travel overseas to kill or maim U.S. military forces,” stated Assistant Director in Charge Sweeney. “Kandic eventually put his desire in action when he traveled to Turkey to join ISIS, and from there he set about recruiting others, including Jake Bilardi, to support his cause. Just prior to Bilardi successfully detonating a suicide bomb in Ramadi, Kandic told Bilardi he hoped Bilardi’s victims’ organs would ‘implode,’ and just after the attack, Kandic publicized it on Twitter. Kandic is now back in New York, no longer living freely among us, but rather in federal custody to face justice. ”
As alleged in the indictment and other court filings, prior to November 2013, while living in the Bronx and Brooklyn, Kandic expressed the desire to travel overseas to engage in “jihad” against U.S. military forces to obtain martyrdom. In December 2013, Kandic traveled to Istanbul, Turkey, and joined ISIS. From there, Kandic recruited individuals from the United States, the United Kingdom, Australia and elsewhere, to travel to ISIS-controlled territory in Syria and Iraq and serve as foreign fighters. In online communications with an associate, Kandic stated he worked in ISIS’s Border Office in Turkey and was part of a team that conducted background checks of foreign fighters seeking to join ISIS in Syria. Kandic told associates that he traveled to and from ISIS-controlled territory, including Raqqa, Syria, in connection with his work with ISIS. In a recorded voice memo from Kandic to an associate, Kandic stated, “I have a lot of Mujahideen in Europe, a lot,” and “I sent out over 20,000 brothers . . . to Sham.” “Mujahideen” refers to fighters. “Sham” is frequently used by ISIS members to refer to the region of the Levant, including Syria.
One of the individuals Kandic assisted was Jake Bilardi, an 18-year-old Australian citizen who traveled from Melbourne, Australia, to Istanbul, Turkey, in August 2014. A few days before Bilardi flew to Turkey, Kandic sent Twitter messages instructing Bilardi to stand in a particular section of an airport in Istanbul. Kandic informed Bilardi that he would send someone to meet him there. From Turkey, Bilardi traveled to ISIS-controlled territory in Syria and Iraq. Kandic continued to communicate with Bilardi and encouraged him to follow through with his plan to commit a suicide attack in Iraq. In early March 2015, Bilardi informed Kandic via Twitter that he “just went to look at my target today for my operation.” Kandic replied, “May Allah reward you immensely.” Kandic later added: “May Allah make there [sic] inner organs implode.” On March 11, 2015, Bilardi committed a suicide bombing in Ramadi, Iraq. Kandic publicized the attack via Twitter.
Kandic also worked to further ISIS’s media and propaganda operations. Kandic set up and used over 100 Twitter accounts to provide updates about ISIS attacks and territorial gains, which announcements were close in time to when the events occurred.
If convicted, Kandic faces a maximum sentence of life imprisonment. The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
Trial Attorneys Jennifer Levy and Jolie Zimmerman of the National Security Division’s Counterterrorism Section, and Assistant U.S. Attorneys Saritha Komatireddy, Tiana A. Demas and J. Matthew Haggans of the Eastern District of New York are prosecuting this case.
New York Man Pleads Guilty to Selling Misbranded Animal Drugs Containing SteroidsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Alain Lamontagne, 55, of Middletown, New York, pleaded guilty today in U.S. District Court to introducing into interstate commerce misbranded animal drugs.
According to court documents, Lamontagne operated a New York business that sold dietary supplements, tack supplies and intravenous drugs for horses. The Federal Food, Drug and Cosmetic Act regulates the manufacturing and distribution of drugs intended for humans and animals. The law prohibits the introduction into interstate commerce drugs that are adulterated or misbranded. A misbranded drug is one that contains a label that is false or misleading.
In March and May of 2017, Lamontagne sold two bottles of intravenous horse drugs to an undercover Food and Drug Administration (FDA) agent who was posing as a Maine horse trainer. The drug bottles shipped to Maine by Lamontagne bore fictitious labels that listed no active ingredients and falsely represented that the drugs were manufactured by a real pharmacy in Ontario, Canada. The drugs were tested by the FDA laboratory and found to contain stanozolol, an anabolic steroid.
“Distributing misbranded and adulterated animal drugs containing steroids to increase the performance of racehorses endangers the health and safety of those animals,” said Jeffrey J. Ebersole, Special Agent in Charge, FDA, Office of Criminal Investigations’ (OCI) New York Field Office. “We will continue to pursue and bring to justice those who subvert FDA’s requirements, which are designed to ensure, among other things, that animal drugs are safe and effective for their intended uses, as well as properly labeled.”
The defendant faces up to one year in jail and $100,000 fine on each of the two counts. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
This case was investigated by the FDA, OCI.
New York Man Indicted on Sex Trafficking and Drug ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Vincent Graham, a/k/a “Shawn” and “Mac,” 33, of Bronx, New York, was indicted yesterday by a grand jury and charged with sex trafficking, drug distribution and transporting individuals in interstate commerce intending that they engage in prostitution.
Graham faces between 15 years and life in prison on the sex trafficking charges, up to 20 years on the drug charges and up to 10 years on the transportation counts. He also faces fines of up to $250,000 on the sex trafficking and transportation counts and up to $1,000,000 on the drug counts.
The case was investigated by the Biddeford Police Department; the Maine Drug Enforcement Agency; U.S. Immigration & Customs Enforcement’s Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Federal Bureau of Investigation; as part of Maine’s Anti-Trafficking Coordination Team (ACTeam) Initiative, an interagency federal law enforcement initiative aimed at streamlining the investigation and prosecution of federal human trafficking offenses.
An indictment is merely an accusation and a defendant is presumed to be innocent unless proven guilty in a court of law.
New Jersey Woman Pleaded Guilty to Wire FraudRead the Press Release
Tracey Moses, 48, of Sicklerville, New Jersey entered guilty pleas today to all counts of a ten-count indictment charging her with wire fraud, announced Acting United States Attorney Louis D. Lappen. At the guilty plea hearing, before the Honorable C. Darnell Jones II, defendant Moses admitted that from August 2010 until early December 2013, when she was fired for suspected embezzlement, she worked as an accounting and payroll administrator for a market planning and research firm in Philadelphia, M. Davis & Company. The defendant admitted further that from April 2011 until late October 2013, she schemed to defraud her employer by writing herself unauthorized electronic checks drawn on three of the company’s bank accounts, in the total amount of approximately $117,000. Defendant Moses admitted further that in a separate scheme, she also defrauded the Commonwealth of Pennsylvania Department of Labor by applying for and obtaining unemployment benefits while she was actually working for M. Davis & Company and her next two employers, two temporary agencies.
The district court scheduled sentencing for February 14, 2018. Defendant Moses faces a substantial prison term, restitution to the two victims of approximately $131,000, and a fine. She is also subject to criminal forfeiture proceedings.
The case was investigated by the Federal Bureau of Investigation and the United States Department of Labor - Office of the Inspector General, with assistance from the Pennsylvania Department of Labor and Industry Internal Audit Division, and is being prosecuted by Assistant United States Attorney Mary E. Crawley.