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1 November 2017
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.
Monongalia County man sentenced for synthetic marijuana distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Stephen Graziano, 25, of Morgantown, West Virginia, was sentenced today to 36 months incarceration for distributing synthetic marijuana, United States Attorney William J. Powell announced.In July 2012 through April 2014, Stephen Graziano, owner and operator of X Hale Hookah Lounge in Morgantown, West Virginia, was distributing synthetic cannabinoids, commonly referred to as spice, K2, incense, or fake weed. Synthetic cannabinoids are designer drugs that resemble a controlled substance in molecular structure and actual or intended physiological effect.
Graziano pled guilty on March 27, 2017 to one count of “Conspiracy to Distribute a Controlled Substance Analogue.”
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Metro Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Mississippi man sentenced to 48 months in prison for possessing child pornographyRead the Press Release
LAKE CHARLES, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Mississippi man was sentenced Monday to 48 months in prison for possessing child pornography on a computer at a Lake Charles RV park.
Jesse Easterling, 41, of Hattisburg, Miss., was sentenced by U.S. District Judge Dee D. Drell on one count of possession of child pornography. He was also sentenced to 10 years of supervised release and must register as a sex offender. According to the May 2, 2017 guilty plea, law enforcement agents identified the defendant as having child pornography in April of 2016 while he was staying at an RV park in Lake Charles. Law enforcement agents searched his property and found 72 videos of child pornography on his computer. Some of the videos were sexually explicit images of children under the age of 12. He also admitted during an interview that he had downloaded child pornography over the internet.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
The U.S. Department of Homeland Security and Louisiana State Police conducted the investigation. Assistant U.S. Attorney Dominic Rossetti prosecuted the case.
Metairie Man Sentenced for Destruction of Government PropertyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that BOBBY JOSEPH HAMMOND, age 38, of Metairie, was sentenced today after previously pleading guilty to a one-count Bill of Information for destruction of government property.
U.S. District Judge Ivan L.R. Lemelle sentenced HAMMOND to 9 months imprisonment, 2 years supervised release, and ordered to pay $1,330.69 restitution.
According to the court documents, on March 4, 2017, HAMMOND drove up to the south side of the Social Security Administration (SSA) Field Office located at 1616 Joe Yenni Boulevard in Kenner, exited his vehicle, and threw a rock through a second floor window. Damages totaled $1,330.69.
Acting U.S. Attorney Evans praised the work of the Federal Protective Services in investigating this matter.
Mercy Hospital Pays $1,514,000 to Settle False Claims Act AllegationsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank today announced that Mercy Hospital (“Mercy”), of Portland, has entered into a civil settlement agreement with the United States and the State of Maine in which it will pay $1,514,000 to resolve allegations that it violated the federal and Maine False Claims Acts. See United States v. Mercy Hospital, 17-cv-00429-JAW (D. Me.).
The settlement resolves allegations that Medicare and MaineCare were overbilled for urinalysis drug screening tests ordered and performed at the former Mercy Recovery Center in Westbrook, Maine, from 2011 through 2013. In October 2013, Mercy and its affiliate, Mercy Recovery Center, were acquired by Eastern Maine Healthcare Systems (“EMHS”).
The allegation was that Mercy falsely used a billing modifier code to receive payment for multiple same-day urinalysis drug screening tests at Mercy Recovery Center that did not arise from separate, medically necessary encounters with the same patients on the same days. The urinalysis drug screening tests should have been bundled and billed as one claim per each single patient encounter. Instead, Mercy separately billed for the urinalysis drug screening tests on a per-test basis. As a result, Medicare and MaineCare overpaid Mercy on multiple claims.
Mercy cooperated with the investigation. In addition, Mercy and EMHS implemented enhanced internal compliance measures in response to the overbilling issue. Federal and state authorities encourage health care providers to cooperate with its investigations of the possible submission of improper claims to federal and state programs.
The case was investigated by the Office of Inspector General for the United States Department of Health and Human Services.
Maryland man sentenced for making an illegal gunRead the Press Release
CLARKSBURG, WEST VIRGINIA – Ian Nigel Page, 44, of Crownsville, Maryland, was sentenced today to 51 months incarceration for making an unlawful firearm, United States Attorney William J. Powell announced.
Page pled guilty to one count of “Making an Unlawful Firearm” in June 2017. Page admitted to cutting the barrel of a Remington 12-gauge shotgun to less than 18 inches in Preston County, West Virginia in May 2015.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Preston County Sheriff’s Office investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Manchester Man Sentenced to Six Years in Prison for Bank RobberyRead the Press Release
CONCORD, N.H. - Justin M. Brady-Muller, 28, of Manchester, was sentenced to serve 72 months in federal prison for bank robbery, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on September 14, 2016, Brady-Muller entered a Bank of America branch office on Hooksett Road in Manchester and presented a teller a note stating "This is a robbery." The note demanded that the teller hand over all of the money in her drawer and stated that no one would get hurt as long as the teller did not include any dye packs or "funny money." Bank security images showed that the robber was wearing a sweatshirt with distinctive lettering. The teller complied with the demand note and the robber left the bank with both the money and the note. Police were able to preliminarily identify the robber as Brady-Muller on the basis of, among other things, tips from the public. A search warrant later executed on a car driven by Brady-Muller confirmed that preliminary identification when it yielded a hand-written demand note resembling the one described by the bank teller and a sweatshirt with the same distinctive lettering on the sweatshirt worn by the robber in the bank surveillance images.
Brady-Muller pleaded guilty on May 25, 2017.
In addition to the term of imprisonment, Brady-Muller’s sentence included (i) an order requiring him to pay back to Bank of America the money that he stole and (ii) a term of supervised release of three years during which he will have to abide by certain rules and conditions set by the court.
This matter was investigated by the Manchester Police Department with the assistance of the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Bill Morse.
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Local Law Enforcement Officers Honored for Commitment to Drug Abuse PreventionRead the Press Release
Two law enforcement officers from Iowa are being honored this week by the United States Attorney’s Offices for the Northern and Southern Districts of Iowa and the Drug Enforcement Administration (DEA) for their commitment to reducing drug abuse. The recipients of the 2017 Enrique S. Camarena Award are Deputy Inspector William (Kevin) Marshall of the United States Postal Inspection Service and Officer Christopher Wuebker of the Decorah Police Department.
The award is named after Enrique “Kiki” Camarena, who was an 11-year veteran agent of the DEA before being kidnapped, brutally tortured and then murdered in Mexico in 1985 while working undercover gathering information and evidence about drug lords. This award is presented each year to local law enforcement officers who best exemplify the qualities and principles for which Agent Camarena gave his life—specifically, making their communities a safer place to live through outstanding drug prevention and enforcement efforts.
This year’s award recipients have gone above and beyond the call of duty in pursuit of a drug-free community:
- United States Postal Inspector William (Kevin) Marshall has worked tirelessly to reduce drug abuse in the State of Iowa, and is a worthy recipient of this distinguished award. In just the past year, Inspector Marshall has assisted in over 120 drug‑related operations with nearly 40 different law enforcement agencies, resulting in the seizure and removal of nearly 80 pounds of methamphetamine, 90 pounds of marijuana, 4 pounds of cocaine, and over 4 pounds of heroin. In addition, Inspector Marshall was instrumental in developing a demonstrative exhibit labeled “What You Don’t See,” which teaches parents how to recognize signs of teenage drug abuse. Inspector Marshall is a mentor to young people, speaks about the dangers of drug abuse to students, and has continually demonstrated his passion for reducing drug abuse within the State of Iowa.
- Decorah Police Officer Christopher Wuebker’s commitment to reducing drug abuse through both enforcement and prevention makes him a worthy recipient of the Enrique Camarena Award. Through his service as a Decorah Police Officer and as a member of the Northeast Iowa Drug Task Force, Officer Wuebker played a critical role in over 100 drug-related prosecutions in northeast Iowa in the past few years. Recognizing the danger and difficulties facing children in homes where drug abuse is present, Officer Wuebker goes out of his way to connect children with resources they need to improve their situation. Officer Wuebker increases public awareness of drug abuse by speaking at schools and community organizations. His extraordinary passion for reducing drug abuse has made a difference in the lives of many young people, and has contributed to a safer community.
Peter E. Deegan, Jr., United States Attorney for the Northern District of Iowa, stated, “With opioid and prescription drug abuse at an all-time high, the work these officers do in drug abuse prevention is vital to the safety of our communities. Each recipient richly deserves the honor of receiving the Enrique S. Camarena award. Officer Wuebker demonstrated an admirable dedication not only to investigating and prosecuting drug crimes, but to educating the public of the risks of substance abuse. Officer Wuebker has spoken to college students, high school students, and parents to increase their awareness of the dangers these substances pose to our community.”
Southern District United States Attorney Marc Krickbaum added, “Postal Inspector Marshall’s work prevented hundreds of pounds of drugs from reaching the streets, including keeping more than four pounds of extremely dangerous heroin and opioids from intended recipients. Through tireless efforts, Inspector Marshall assisted in intercepting more than $3,000,000 worth of dangerous drugs in the last year alone.”
Darin T. Thimmesch, the Assistant Special Agent in Charge for the DEA commented on this year’s award, stating, “The DEA is committed to working with our law enforcement partners at all levels to reduce the availability and abuse of illicit drugs in the communities we serve. We are honored to be a part of this distinguished award presentation in memory of fallen DEA Special Agent Enrique S. Camarena. Special Agent Camerena gave his life fighting against the powerful drug cartels in Mexico while trying to protect the country he served from evils of drug distribution and abuse. This award exemplifies the outstanding investigative efforts of these law enforcement officers in disrupting the illegal activities of the drug trafficking organizations operating in and around the communities of northern Iowa, as well as preventing the further distribution of these highly addictive, deadly drugs.”
The Enrique S. Camarena Award is presented each year during Red Ribbon Week. Red Ribbon Week, observed this year from October 23-31, is an alcohol, tobacco, and drug prevention awareness campaign observed annually in the United States and was established in Agent Camarena’s memory.
Follow us on Twitter @USAO_NDIA and @USAO_SDIA.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
Las Cruces Felon Sentenced for Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Jesus Manuel Aguilar Jr., 55, of Las Cruces, N.M., was sentenced today in federal court to 46 months in prison followed by three years of supervised release for unlawfully possessing a firearm and ammunition.
Aguilar and co-defendant Thomas Julian Aguilera, 28, also of Las Cruces, were charged in a four-count indictment filed on Nov. 12, 2014. Aguilera was charged with unlawfully possessing a firearm on May 11, 2012, June 14, 2012, and July 11, 2012, and Aguilar was charged with unlawfully possessing a firearm on July 11, 2012. According to the indictment, the defendants committed the crimes in Dona Ana County, N.M. At the time, Aguilera was prohibited from possessing firearms or ammunition because he previously had been convicted of contributing to the delinquency of a minor, and Aguilar was prohibited from possessing firearms or ammunition because he previously had been convicted of distribution and possession of a controlled substance and being a felon in possession of a firearm.
On Feb. 15, 2017, Aguilar pled guilty to being a felon in possession of a firearm and admitted that on July 11, 2012, he sold a firearm to an undercover law enforcement agent. Aguilar acknowledged that he was prohibited from possessing firearms or ammunition on July 11, 2012, because of his status as a convicted felon.
Aguilera pled guilty to being a felon in possession of a firearm on April 16, 2015, and was sentenced on Sept. 24, 2015.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Dona Ana County Sheriff’s Office. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Knoxville Man Sentenced to 136 Months in Prison for Enticement and Attempted Enticement of a Minor to Engage in Illicit Sexual ActivitiesRead the Press Release
DES MOINES, Iowa - On October 20, 2017, United States District Court Judge Rebecca Goodgame Ebinger sentenced Alex Trent VanderVeer, 21, of Knoxville, Iowa, heather Jean Reekrto 136 months in prison for enticement and attempted enticement of a minor to engage in illicit sexual activities, announced United States Attorney Marc Krickbaum. VanderVeer will serve 30 years of supervised release following imprisonment and pay $100 to the Crime Victims’ Fund.
VanderVeer pled guilty to the charges on June 21, 2017. As part of his plea, VanderVeer admitted that approximately between February 20, and through approximately February 23, 2017, he used a facility of interstate commerce, namely the internet and internet-based services, to violate the federal statute. VanderVeer further admitted that he knowingly used the facility of interstate commerce with the intent to persuade or entice a 14-year-old female to engage in illegal sexual activity, namely sexual intercourse with an adult more than four years older. VanderVeer is awaiting trial in Jasper County on charges of sexual abuse of a 13-year-old minor.
This matter was investigated by the Department of Homeland Security, Homeland Security Investigations, Office of the Inspector General, Marion County Attorney’s Office, Marion County Sheriff’s Office, Knoxville Police Department, Jasper County Attorney’s Office, Newton Police Department, and Mid Iowa Narcotics Enforcement Task Force.
This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the U.S. Department of Justice’s “Project Safe Childhood” initiative, which was started in 2006 as a nation-wide effort to combine law enforcement investigations and prosecutions, community action, and public awareness in order to reduce the incidence of sexual exploitation of children.
Any persons having knowledge of a child being sexually abused are encouraged to call the 24-hour Iowa Sexual Abuse Hotline at 1-800-284-7821. The National Center for Missing and Exploited Children (NCMEC) also operates a Cyber Tip line at www.cybertipline.com that allows parents and children to report child pornography and other incidents of sexual exploitation of children by submitting an online form.
NCMEC also maintains a 24-hour hotline at 1-800-THE-LOST, and a website at www.missingkids.com. Complaints received by NCMEC that indicate a violation of federal law are referred to the law enforcement for appropriate action.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
Justice Department Requires Divestitures of Radio Stations in Boston, San Francisco and Sacramento as Part of Entercom’s Acquisition of CBS RadioRead the Press Release
The Department of Justice’s Antitrust Division announced today that it will require Entercom Communications Corp. to divest 13 radio stations in order for Entercom to proceed with its acquisition of CBS Radio, Inc.
The division filed a civil antitrust lawsuit today in the U.S. District Court of the District of Columbia challenging Entercom’s proposed acquisition of CBS Radio, and simultaneously filed a proposed settlement that would resolve the competitive harm alleged in the lawsuit.
“The required divestitures will protect competition for local businesses that advertise on radio stations in Boston, San Francisco and Sacramento,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “The elimination of this competition would have resulted in higher prices to businesses in these markets.”
The division alleged that the proposed transaction would have eliminated head-to-head competition between Entercom’s and CBS’s radio stations for the business of local and national advertisers on radio stations in the following markets: Boston, Massachusetts; San Francisco, California; and Sacramento, California.
The proposed settlement – which must be approved by the court – requires Entercom to divest the following radio stations to department-approved buyers:
- Boston
- WBZ AM, WBZ FM, WRKO AM, WKAF FM and WZLX FM
- San Francisco
- KOIT FM, KMVQ FM, KUFX FM and KBLX FM
- Sacramento
- KNCI FM, KYMX FM, KZZO FM and KHTK AM
Entercom is incorporated in the state of Pennsylvania, with its headquarters in Bala Cynwyd, Pennsylvania. CBS Radio, a wholly-owned subsidiary of CBS Corporation, is incorporated in the state of Delaware, with its headquarters in New York, New York. Entercom and CBS Radio own and operate a combined total of 244 broadcast radio stations in various metropolitan areas throughout the United States, including 23 of the top 25 markets.
As required by the Tunney Act, the proposed settlement, along with the department’s competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Owen Kendler, Chief, Media, Entertainment, and Professional Services Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Fourth Floor, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.
- Boston
Jury Convicts California Man of Meth ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a California man was convicted by a federal trial jury today for his role in a conspiracy to distribute methamphetamine that was shipped to Columbia, Mo., through the mail.
Dijon Rasheed Brown, 25, of Compton, Calif., was found guilty of participating in a conspiracy to distribute methamphetamine, of possessing methamphetamine with the intent to distribute and of being a felon in possession of a firearm.
Postal inspectors identified a suspicious parcel on Nov. 6, 2015, that was mailed from California to the residence of co-defendants Zachary Fennell, 39, and Melissa Guerra, 35, of Columbia, which was suspected to contain a controlled substance. Federal agents recovered 444.8 grams of pure methamphetamine, valued at more than $11,000, from the parcel inside a hollowed-out book.
Federal agents executed a controlled delivery of the parcel on Nov. 10, 2015. Officers conducting surveillance of the residence saw two men leave the house at approximately 9:55 a.m. in a white Chevrolet Suburban. The parcel was delivered at 10:04 a.m. and placed next to the front door. A man inside the residence was observed opening and closing the front door of the residence several times, viewing the package through the screen of the storm door.
The white Chevrolet Suburban, which had previously left the residence, was observed driving past the residence at approximately 10:31 a.m., conducting what appeared to be counter-surveillance. After passing the residence one time, the vehicle returned and parked in the driveway of the residence at approximately 10:33 a.m. Brown and the driver got out of the vehicle; Brown took the parcel off the front porch and brought it inside the residence. At approximately 10:36 a.m., Fennell was observed bringing the parcel back outside the residence and placing it next to the front door. Several occupants of the residence were observed sitting near the front porch.
Shortly thereafter federal agents, assisted by the Boone County Sheriff’s Department Special Weapons and Tactics (SWAT) team, approached the residence to execute the search warrant. Brown ran to the front door of the residence, opened it, and shut the door behind him. SWAT members were unable to breach the door as it had been reinforced. SWAT members entered at another location and agents saw Brown along with co-defendants Kameron Terrell Howard, 26, and Favbion D. Holmes, 40, both of Compton, Calif., running out the back door of the residence attempting to evade law enforcement. They hopped the backyard fence and continued running into an area of overgrown vegetation. Holmes was apprehended a short distance on the other side of the fence. Howard and Brown were apprehended hiding in a pool shed approximately one-quarter to a half-mile away, after a brief manhunt which resulted in the lockdown of a nearby elementary school. Fennell was apprehended in the front yard of the residence. Guerra was apprehended inside the residence.
Law enforcement officers also located three loaded firearms inside the residence, a small amount of methamphetamine in the freezer and in an upstairs bedroom dresser, and various documents that appeared to be ledgers for narcotics transactions.
Among the firearms found inside the residence was a Hi-Point 9mm handgun, which was located in a bedroom used by Brown. Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Brown has prior felony convictions for robbery and illegally possessing a firearm.
Following the presentation of evidence, the jury in the U.S. District Court in Jefferson City, Mo., deliberated for less than two hours before returning the guilty verdicts to U.S. District Judge Stephen R. Bough, ending a trial that began Monday, Oct. 30, 2017.
Seven co-defendants in this case have pleaded guilty and await sentencing. Additionally, Howard pleaded guilty and was sentenced to 15 years in federal prison without parole. Calvanisha Yvette West, 27, of California, pleaded guilty and was sentenced to one year and one day.
Under federal statutes, Brown is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Jim Lynn and Ashley S. Turner. It was investigated by the FBI, the U.S. Postal Inspection Service, the Columbia, Mo., Police Department and the Boone County, Mo., Sheriff’s Department.
Inmate at Lewisburg Federal Prison Sentenced to an Additional Nine Years in Prison for Assaults on Other InmatesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Kyle Stevens, age 27, formerly of Baltimore, Maryland, and currently a federal inmate at the United States Penitentiary at Lewisburg, was sentenced on October 31, 2017, by U.S. District Court Judge Matthew W. Brann, to serve an additional 110 months in prison for two separate assaults on other inmates with a homemade weapon.
According to United States Attorney Bruce D. Brandler, Stevens previously admitted to two counts of assault with a dangerous weapon. The charges stem from separate incidents in February 2015 and February 2016 in which Stevens assaulted other inmates with a sharpened piece of metal, commonly known as a “shank.”
Stevens was previously indicted by a federal grand jury in July 2016, on the assault charges. He is presently serving a sentence of 32 years in prison on the charge of possession of a firearm in furtherance of a drug trafficking conspiracy resulting in death. That offense occurred in 2013 in Baltimore, Maryland. The sentence which Stevens received yesterday will be served in addition to that sentence.
The investigation was conducted by the Federal Bureau of Investigation and the Bureau of Prisons Special Investigative Service. Assistant United States Attorney Robert J. O’Hara prosecuted the case.
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Indictment: Wellington Woman Worked While Collecting Disability BenefitsRead the Press Release
WICHITA, KAN. – A Wellington woman was indicted Wednesday on federal charges of collecting more than $92,000 in Social Security disability benefits while she was working, U.S. Attorney Tom Beall said. In addition, she was charged with misusing a credit card belonging to her church to obtain cash and buy merchandise for herself.
Amy D. McLain, 49, Wellington, Kan., was charged with one count of Social Security fraud, one count of theft of government funds, two counts of making false statements and one count of wire fraud.
Her husband, Jeffrey L. McLain, 48, Wellington, Kan., was charged with one count of Social Security fraud and one count of theft of government funds. Her employer, Scott Kreifels, 57, Wellington, Kan., was charged with one count of Social Security fraud and one count of theft of government funds.
The indictment alleged that Amy McClain was working for Kreifels Communications and Rural 2.4 Ghz, Inc., both owned by Kreifels, while receiving disability benefits. The three defendants agreed that Amy McLain’s paychecks would be issued in her husband’s name. While receiving benefits, Amy McLain filed federal paperwork stating that she did not have a job.
In addition, the indictment alleges Amy McLain used a credit card belonging to the First Baptist Church in Wellington to obtain cash and to buy merchandise including makeup, perfume, purses and meals.
Upon conviction, the crimes carry the following penalties:
Social Security fraud, theft of government funds, making a false statement: Up to five years in federal prison and a fine up to $250,000 on each count.
Wire fraud: Up to 20 years in federal prison and a fine up to $250,000.
The Social Security Administration investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
OTHER INDICTMENTS
Jerry D. Burns, 55, Wichita, Kan., was charged with drug trafficking in a 15-count indictment.
Charges included possession with intent to distribute methamphetamine, unlawful possession of firearms following a felony conviction, unlawful possession of firearms in furtherance of drug trafficking and possession with intent to distribute marijuana. The crimes were alleged to have occurred in 2017 in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute more than 50 grams of methamphetamine: Not less than 10 years in federal prison and a fine up to $10 million.
Unlawful possession of a firearm: Up to 10 years and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Possession with intent to distribute more than five grams of methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million.
Possession with intent to distribute marijuana: Up to 20 years and a fine up to $1 million.
The Wichita Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Julian Lopez, Jr., 39, Wichita, Kan., was charged with one count of possession with intent to distribute cocaine, one count of unlawful possession of a firearm following a felony conviction and one count of unlawful possession of a firearm in furtherance of drug trafficking. The crimes are alleged to have occurred Oct. 19, 2017, in Sedgwick County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute cocaine: Up to 20 years in federal prison and a fine up to $1 million.
Unlawful possession of a firearm by a felon: Up to 10 years and a fine up to $250,000.
Unlawful possession of a firearm in furtherance of drug trafficking: Up to 10 years and a fine up to $250,000.
The Wichita Police Department and the Drug Enforcement Administration investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Matthew Lee Fleming, 27, Wichita, is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred July 10, 2017, in Wichita, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Matt Treaster is prosecuting.
Joseph Shane Allen, 42, Pierceville, Kan., is charged with drug trafficking in a six-count indictment.
Charges include possession with intent to distribute methamphetamine, unlawful possession of a firearm in furtherance of drug trafficking, unlawful possession of ammunition following a felony conviction, possession of materials and equipment used to manufacture methamphetamine and possession of chemicals used to manufacture methamphetamine. The crimes are alleged to have occurred Sept. 28, 2017 in Pawnee County, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute methamphetamine: Not less than five years and not more than 40 years and a fine up to $5 million.
Possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000.
Unlawful possession of ammunition following a felony conviction: Up to 10 years and a fine up to $250,000.
Possession of materials or equipment to produce methamphetamine: Up to 10 years and a fine up to $250,000.
Possession of chemicals used to produce methamphetamine: Up to 20 years and a fine up to $250,000.
The Finney County Sheriff’s Office and the Pawnee County Sheriff’s Office investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.
Juan Jose Soto-Urena, 35, a citizen of Mexico, is charged with unlawfully re-entering the United States after being deported. He was found Oct. 13, 2017, in Sedgwick County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement’s Enforce Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Illegal Alien Sentenced to Prison on Federal Firearms Trafficking ChargesRead the Press Release
Gulfport, Miss. – Paula Villalva-Patricio, 57, a citizen of Mexico, was sentenced on October 26, 2017, by U.S. District Judge Sul Ozerden, to 180 months in federal prison for smuggling firearms and ammunition from North Carolina to Mexico, announced U.S. Attorney Mike Hurst and Raymond Parmer, Jr., Special Agent in Charge of Immigration Customs Enforcement, Homeland Security Investigations (HSI) in New Orleans.
In August 2011, a traffic stop by Jackson County Sheriff’s Deputies led to the discovery of two firearms and flak jackets hidden in a spare tire. As a result, Homeland Security agents opened an investigation. A subsequent traffic stop of the same truck in November 2011 uncovered an additional 28 firearms and 900 rounds of ammunition secreted under the truck bed. Further investigation led to the indictment of Villalva-Patricio in September 2012. She was apprehended in November 2016, while crossing into the United States at the border in San Diego, California.
In July 2017, a jury found Villalva-Patricio guilty of conspiracy to commit offenses against the United States, attempting to smuggle firearms out of the United States in violation of regulations and laws, and transporting or delivering firearms to a person who does not reside in the same state.
This case is the result of an investigation led by the Homeland Security Investigations Gulfport office in partnership with the Jackson County Sheriff’s Department.
The case was prosecuted by Assistant U.S. Attorneys Annette Williams and Kathlyn Van Buskirk.
Houston Resident Convicted on Multiple Child Pornography ChargesRead the Press Release
HOUSTON – A 28-year-old man from Houston has entered a guilty plea to all counts as charged - distribution, receipt and possession of child pornography, announced Acting U.S. Attorney Abe Martinez.
Samier Patrick Clark first came to the attention of law enforcement in September 2016 after multiple images of child pornography were found associated with his online account. Authorities discovered Clark used a peer-to-peer network to obtain child pornography and later conducted a search of his residence, leading to the discovery of 68 videos and 143 images. Some of the images are of known victims identified through the National Center for Missing and Exploited Children.
Clark admitted ownership of the child pornography as well as the online account and computer media he used to obtain it.
During the plea hearing today, Clark admitted to using peer-to-peer software to search for, download and obtain child pornography. He also admitted to distributing the child pornography through his online account.
Sentencing has been set for Jan. 23, 2018, before U.S. District Judge David Hittner. At that time, Clark faces a minimum of five and up to 20 years imprisonment for distribution and receipt of child pornography as well as a maximum of 10 years for the possession conviction. Each count also carries a possible $250,000 maximum fine. Clark will also be required to register as a sex offender.
Following the hearing today, Judge Hittner revoked Clark’s bond and ordered him into custody where he will remain pending his sentencing hearing.
The FBI conducted the investigation.
Assistant U.S. Attorney Julie N. Searle is prosecuting the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Harrison County man admits to firearms chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Clarksburg, West Virginia man admitted to a firearms violation, United States Attorney William J. Powell announced.
Frank Everett Horner, III, age 24, pled guilty to “Unlawful Possession of a Firearm by a Drug User.” Horner admitted to possessing a .45-caliber pistol and a .25-caliber pistol in January and February 2017 in Harrison County.
Horner faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Andrew R. Cogar is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
U.S. Magistrate Judge Michael John Aloi presided.Grand Forks Woman Sentenced for her Role in the Flying J Truck Stop Murder in Grand Forks, NDRead the Press Release
FARGO – U.S. Attorney Christopher C. Myers announced that on October 31, 2017, Krystal Lynn Feist, age 32, of Grand Forks. ND, was sentenced before U.S. District Judge Ralph R. Erickson to serve 30 years in federal prison, to be followed by 5 years of supervised release, for her role in the drug conspiracy and murder in furtherance of the conspiracy. Judge Erickson further sentenced Feist to pay a $300 special assessment to the Crime Victims’ Fund.
Law enforcement’s investigation into the murder of Austin Forsman at the Flying J Truck Stop in Grand Forks, ND, in the early morning hours of March 11, 2016, resulted in the Indictment of 13 conspirators in connection with a methamphetamine ring in the Grand Forks area. Feist, together with Modesto Torrez, were charged with the murder of Forsman, as well as the drug trafficking conspiracy. Torrez was found guilty after a jury trial of drug trafficking conspiracy and murder in furtherance of the drug trafficking conspiracy as well as obstruction of justice. Torrez is scheduled to be sentenced on December 1, 2017, in Fargo.
This case was investigated by the Grand Forks Police Department, Grand Forks Narcotics Task Force, North Dakota Bureau of Criminal Investigation, and the U.S. Department of Homeland Security – Homeland Security Investigations.
This case was prosecuted by U.S. Attorney Christopher C. Myers, Assistant U.S. Attorney Jake Rodenbiker, and Special Assistant U.S. Attorney Jeremy Ensrud.
http://www.usdoj.gov/usao/nd/
Four Men Federally Indicted for Retaliating Against a Cooperating WitnessRead the Press Release
United States Attorney Gregory J. Haanstad announced today that a federal grand jury had indicted the following four men for retaliating against an individual they believed to be a federal informant: Jose E. Lazcon (22) and Rashawn T. Bumpus (22) of Racine, Wisconsin, Derrick L. Harris (26) of Chicago, Illinois, and Michael A. Bonds (29) of Dolton, Illinois.
Each defendant is charged with conspiracy to obstruct justice by retaliating against a witness in a federal case. Harris and Lazcon are also charged with obstruction of justice by attempting to kill the witness in August 2017 and with discharging a firearm during that crime. If convicted of the conspiracy to obstruct justice by retaliating against the witness, each man faces up to 20 years in prison. If convicted of attempting to kill the witness, Lazcon and Harris each would face a maximum of 30 years in prison. Finally, if convicted of discharging a firearm, Lazcon and Harris each would face a mandatory minimum of 10 years in prison and a maximum of life in prison, terms which must run consecutively to any other sentence.
All four men are in custody and awaiting trial before United States District Judge J.P. Stadtmueller. At their detention hearings, United States Magistrate Judge Nancy Joseph discussed the severity of an attempted attack on a suspected cooperating witness and noted how these types of crimes can impede the entire justice system, particularly if people are fearful of testifying or cooperating with law enforcement.
“Conduct like that alleged in the indictment strikes at the foundation of our criminal justice system,” said United States Attorney Haanstad. “That system depends on the ability of witnesses to provide truthful information about criminal activity without fear of retribution.”
Special Agent in Charge of the FBI Milwaukee Division, Justin Tolomeo said, “We take any threats to witnesses seriously. Those who seek to retaliate by intimidating or harming individuals who cooperate with law enforcement will be investigated, arrested and referred to prosecutors without delay.”
The matter was investigated by the Federal Bureau of Investigation (FBI) South Eastern Wisconsin Regional Gang Task Force, the Racine Police Department, and the Mount Pleasant Police Department.
The case is being prosecuted by Assistant United States Attorneys Margaret B. Honrath and Bridget J. Domaszek.
An indictment is merely the formal method of charging an individual and does not constitute inference of his or her guilt. An individual is presumed innocent until such time, if ever, that the government establishes his or her guilt beyond a reasonable doubt.
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Former Supervisory Deputy Jailer at Kentucky River Regional Jail Sentenced to over 10 Years Imprisonment for Charges Related to the Death of A Detainee and Obstruction of JusticeRead the Press Release
Justice Department announced today that a former supervisory deputy jailer at the Kentucky River Regional Jail (KRRJ), Perry County, Kentucky, has been sentenced to 126 months in federal prison related to his role in an unprovoked violent assault of a detainee.
United States District Judge Karen K. Caldwell formally sentenced Damon Wayne Hickman, 40, on his conviction. Under federal law, Hickman must serve 85 percent of his prison sentence. Following the completion of his prison term, he will be under the supervision of the United States Probation Office for three years.
On Nov. 9, 2016, Hickman entered a guilty plea to using excessive force against the detainee, resulting in bodily injury, and to deliberately ignoring the detainee’s serious medical needs, also resulting in bodily injury, and obstruction of justice. On May 11, 2017, William Curtis Howell, 60, was convicted of the same offenses after a jury trial, and he is scheduled to be sentenced in United States District Court on Dec. 19, 2017. Hickman was also convicted of obstruction of justice for creating a fake medical log to cover up his and Howell’s misconduct.
According to evidence and testimony presented during Hickman’s pretrial hearings and Howell’s jury trial, on July 9, 2013, at the Kentucky River Regional Jail in Hazard, Kentucky, Hickman and Howell violently beat Larry Trent, 54, a pretrial detainee, and left him in his cell, seriously injured and bleeding from an open head wound. Trent ultimately died from injuries sustained during the beating. Trent was in custody for a DUI charge. Hickman, who was initially charged along with Howell, pleaded guilty prior to trial and testified against Howell.
The assault started when Howell and Hickman opened the door to Trent’s cell to remove a sleeping-mat, and Trent ran out of the cell. Howell tased Trent, and after Trent was brought to the floor, Hickman, without justification, violently kicked Trent in the ribs. Hickman and Howell continued their assault after Trent was carried back to the area outside of his cell. Both deputies, without justification, punched, kicked, and stomped on Trent. Witnesses further testified that, before closing the cell door, Howell stepped into Trent’s cell and kicked Trent in the head while Trent was on the floor and posing no threat. After the assault, Hickman and Howell had other inmates clean up Trent’s blood from the floor and walls outside of his cell.
The evidence further revealed that Trent was lying motionless in his cell with blood all over his face. However, Hickman and Howell willfully failed to provide medical attention, because they did not want to get in trouble. Approximately four hours after the beating, another employee at the jail discovered Trent’s lifeless body. Paramedics were summoned and Trent was transported to a local hospital, where he was later pronounced dead.
“Corrections officers throughout the country carry out their duties in a responsible manner on a daily basis,” said Acting Assistant Attorney General John Gore. “Attacks like this one dishonor those responsible corrections officers and is a violation of civil rights, and the Department of Justice will prosecute such misconduct.”
“The criminal conduct in this case was a disgraceful breach of public trust, a grave disservice to truly dedicated law enforcement personnel, and an appalling violation of a man’s civil rights,” said Acting U. S. Attorney Carlton Shier. “Holding law enforcement officials accountable for violations of the public trust we place in them is absolutely critical to making our communities safer.”
Autopsy results presented at trial showed that Trent died from internal bleeding caused by a displaced pelvic fracture, and from blunt force trauma to his head, torso, and extremities.
According to evidence presented at pretrial hearings for Hickman and at an unrelated jury trial of another KRRJ supervisory deputy jailer, Kevin Asher, Hickman and Asher assaulted another pre-trial detainee at the same jail in 2012. On Oct. 19, 2017, Asher was sentenced to 108 months imprisonment for his involvement in that unrelated inmate assault.
The Kentucky River Regional Jail houses pre-trial detainees from Perry and Knott Counties. As a supervisory deputy jailer, Hickman was responsible for the custody, care, safety and control of the inmates at the jail.
Carlton S. Shier, IV, Acting U.S. Attorney for the Eastern District of Kentucky; John M. Gore, Acting Assistant Attorney General for the Civil Rights Division; and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly made the announcement.
The investigation was conducted by the FBI and the Kentucky State Police. Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government.
Former Supervisory Deputy Jailer at Kentucky River Regional Jail Sentenced to over 10 Years Imprisonment for Charges Related to the Death of A Detainee and Obstruction of JusticeRead the Press Release
WASHINGTON – Justice Department announced today that a former supervisory deputy jailer at the Kentucky River Regional Jail (KRRJ), Perry County, Kentucky, has been sentenced to 126 months in federal prison related to his role in an unprovoked violent assault of a detainee.
United States District Judge Karen K. Caldwell formally sentenced Damon Wayne Hickman, 40, on his conviction. Under federal law, Hickman must serve 85 percent of his prison sentence. Following the completion of his prison term, he will be under the supervision of the United States Probation Office for three years.
On Nov. 9, 2016, Hickman entered a guilty plea to using excessive force against the detainee, resulting in bodily injury, and to deliberately ignoring the detainee’s serious medical needs, also resulting in bodily injury, and obstruction of justice. On May 11, 2017, William Curtis Howell, 60, was convicted of the same offenses after a jury trial, and he is scheduled to be sentenced in United States District Court on Dec. 19, 2017. Hickman was also convicted of obstruction of justice for creating a fake medical log to cover up his and Howell’s misconduct.
According to evidence and testimony presented during Hickman’s pretrial hearings and Howell’s jury trial, on July 9, 2013, at the Kentucky River Regional Jail in Hazard, Kentucky, Hickman and Howell violently beat Larry Trent, 54, a pretrial detainee, and left him in his cell, seriously injured and bleeding from an open head wound. Trent ultimately died from injuries sustained during the beating. Trent was in custody for a DUI charge. Hickman, who was initially charged along with Howell, pleaded guilty prior to trial and testified against Howell.
The assault started when Howell and Hickman opened the door to Trent’s cell to remove a sleeping-mat, and Trent ran out of the cell. Howell tased Trent, and after Trent was brought to the floor, Hickman, without justification, violently kicked Trent in the ribs. Hickman and Howell continued their assault after Trent was carried back to the area outside of his cell. Both deputies, without justification, punched, kicked, and stomped on Trent. Witnesses further testified that, before closing the cell door, Howell stepped into Trent’s cell and kicked Trent in the head while Trent was on the floor and posing no threat. After the assault, Hickman and Howell had other inmates clean up Trent’s blood from the floor and walls outside of his cell.
The evidence further revealed that Trent was lying motionless in his cell with blood all over his face. However, Hickman and Howell willfully failed to provide medical attention, because they did not want to get in trouble. Approximately four hours after the beating, another employee at the jail discovered Trent’s lifeless body. Paramedics were summoned and Trent was transported to a local hospital, where he was later pronounced dead.
“Corrections officers throughout the country carry out their duties in a responsible manner on a daily basis,” said Acting Assistant Attorney General John Gore. “Attacks like this one dishonor those responsible corrections officers and is a violation of civil rights, and the Department of Justice will prosecute such misconduct.”
“The criminal conduct in this case was a disgraceful breach of public trust, a grave disservice to truly dedicated law enforcement personnel, and an appalling violation of a man’s civil rights,” said Acting U. S. Attorney Carlton Shier. “Holding law enforcement officials accountable for violations of the public trust we place in them is absolutely critical to making our communities safer.”
Autopsy results presented at trial showed that Trent died from internal bleeding caused by a displaced pelvic fracture, and from blunt force trauma to his head, torso, and extremities.
According to evidence presented at pretrial hearings for Hickman and at an unrelated jury trial of another KRRJ supervisory deputy jailer, Kevin Asher, Hickman and Asher assaulted another pre-trial detainee at the same jail in 2012. On Oct. 19, 2017, Asher was sentenced to 108 months imprisonment for his involvement in that unrelated inmate assault.
The Kentucky River Regional Jail houses pre-trial detainees from Perry and Knott Counties. As a supervisory deputy jailer, Hickman was responsible for the custody, care, safety and control of the inmates at the jail.
Carlton S. Shier, IV, Acting U.S. Attorney for the Eastern District of Kentucky; John M. Gore, Acting Assistant Attorney General for the Civil Rights Division; and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly made the announcement.
The investigation was conducted by the FBI and the Kentucky State Police. Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government.
Former State Treasurer Barbara H. Hafer Sentenced to Three Years’ Probation for Making False Statements to Federal Law Enforcement AgentsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Barbara H. Hafer, age 73, former Treasurer of Pennsylvania, was sentenced on October 31, 2017, to three years’ probation and a $50,000 fine by U.S. District Court Judge John E. Jones, III, for making false statements to federal law enforcement agents in connection with a long-term FBI-IRS investigation of alleged pay-to-play activities involving Pennsylvania State government. Hafer was indicted on July 20, 2016, and pleaded guilty before Judge Jones on June 9, 2017.
According to United States Attorney Bruce D. Brandler, Hafer was interviewed by federal law enforcement agents in May 2016, regarding her relationship with Richard W. Ireland, an individual that had financial relationships with businesses that provided asset management services to the Pennsylvania Treasury Department while Hafer served as Treasurer. After leaving office, Hafer operated a consulting firm known as Hafer and Associates, LLC, that entered into a contract with a business associated with Ireland. During Hafer’s interview, she denied receiving any money from Ireland or any businesses he was associated with and denied receiving any help from Ireland or any businesses he was associated with in connection with her operation of Hafer and Associates. During Hafer’s guilty plea hearing, she admitted that she lied to the federal agents during that interview because Ireland helped Hafer’s consulting business by causing $675,000 to be paid to Hafer and Associates between 2005 and 2007, an amount that was a substantial portion of Hafer and Associates’ revenue during that time period.
The case was investigated by the Federal Bureau of Investigation and the Criminal Investigation Division of the Internal Revenue Service. Senior Litigation Counsel Michael A. Consiglio and Assistant United States Attorneys William S. Houser, Phillip J. Caraballo and Carlo D. Marchioli prosecuted the case.
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Former Shelter Worker Sentenced to 10 Years of Imprisonment for Attempting to Coerce and Entice an Unaccompanied Alien Minor to Engage in Illicit Sexual ActivityRead the Press Release
Merice Perez Colon, 35, of Homestead, Florida, was sentenced by United States District Judge Kathleen M. Williams to 10 years’ imprisonment and 50 years of supervised release following her conviction for attempting to coerce and entice an unaccompanied alien minor to engage in illicit sexual activity.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG), Miami Regional Office, and Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), made the announcement.
Perez Colon was employed as a youth care worker at an emergency influx shelter that has since been closed in Homestead that provided services to unaccompanied alien children present in the United States. Perez Colon engaged in inappropriate relationships with minors she met at the shelter by sending and receiving explicit videos and images.
Acting U.S. Attorney Benjamin G. Greenberg said, “The U.S. Attorney’s Office and our law enforcement partners stand united against child exploitation and abuse. Any individual who victimizes unaccompanied alien minors or any other children, who are among society’s most vulnerable victims, can look to this sentencing and see they will face severe consequences within the federal criminal justice system.”
“The sexual exploitation of minors is particularly reprehensible,” said Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services, Office of Inspector General. “The OIG and our partners will tirelessly pursue those who would violate their position of trust in order to prey on children under the care of the U.S. Government. As seen in this case, they will be held accountable.”
“Perez Colon held a position where she was entrusted with providing care for unaccompanied minors - a trust she violated by sending inappropriate material to her victims,” said HSI Special Agent-in-Charge Mark Selby. “Her behavior is indefensible; and it only reaffirms that joint law enforcement initiatives which target these types of offenders are the best way to ensure they are captured, and held accountable for their illegal and harmful behavior.”
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Mr. Greenberg commended the investigative efforts of HHS-OIG and ICE-HSI. This case is being prosecuted by Assistant United States Attorney Jonathan Kobrinski.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former Bordentown Township Police Chief Charged with Hate Crime and Use of Excessive Force During ArrestRead the Press Release
CAMDEN, N.J. – The retired chief of the Bordentown Township Police Department was arrested and charged today with committing a hate crime and violating a man’s civil rights by using excessive force during an arrest, Acting U.S. Attorney William E. Fitzpatrick and FBI Special Agent in Charge Timothy Gallagher announced.
Frank M. Nucera Jr., 60, of Bordentown, New Jersey, was arrested by FBI agents this morning and charged with a hate crime assault and the deprivation of civil rights under color of law. Nucera, who was the township administrator as well as its police chief before he retired earlier this year, will make his initial appearance before U.S. Magistrate Judge Ann Marie Donio in Camden federal court.
“The nobility of police officers is rooted in their selfless commitment to protect our communities and their pledge to honor our constitutional values. As Chief of the Bordentown Township Police Department, the defendant dishonored the profession by doing neither,” Acting U.S. Attorney Fitzpatrick said. “The complaint alleges that the defendant harbored an intense racial animosity towards African Americans, and on September 1, 2016, that senseless hatred led to the unlawful assault of a handcuffed and defenseless prisoner. The conduct alleged is a shocking breach of the duty of every police officer to provide equal justice under the law and never to mistreat a person in custody. As a result, the former chief of police is now a charged federal criminal defendant.”
“Police officers take an oath to uphold the law. The FBI works to ensure that they are held accountable when they violate that oath and break the law,” SAC in Charge of the Newark FBI Field Office said. “We rely on the police to protect the public. The few who take advantage of that public trust, at any level, will be investigated and prosecuted to the full extent of the law."
According to documents filed in this case and statements made in court:
On Sept. 1, 2016, two Bordentown Township police officers responded to a phone call from the Bordentown Ramada, complaining that two teenagers had stayed in a room at the hotel without paying. The teens were listed in the complaint as “Civilian 1,” an 18-year-old African American man, and “Civilian 2,” a 16-year-old African American girl. After the officers arrived and questioned the teenagers, the situation escalated into a physical confrontation, with both teens attempting to resist arrest. The officers called for backup, and numerous officers, including then-Chief Nucera, arrived on the scene.
After Civilian 1 was handcuffed and was being escorted out of the hotel by police, Nucera allegedly approached him from behind and slammed the man’s head into a metal doorjamb. A subordinate police officer later surreptitiously recorded Nucera making racist and hostile remarks about Civilian 1, Civilian 2, and African Americans more generally. He repeatedly used racial slurs to refer to Civilian 1 and Civilian 2, and said: “[t]hese fucking people” should “[s]tay the fuck out of Bordentown.” He also said it “would have been nice” if officers could have used a police dog during the arrest.
The use of excessive force and hate crime counts with which Nucera is charged each carry a maximum penalty of 10 years in prison and a $250,000 fine.
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 today’s arrest.
The government is represented by Assistant U.S. Attorneys Molly S. Lorber and Sarah M. Wolfe of the Criminal Division in Trenton.
Defense counsel: Tracy Riley Esq., Mount Holly, New Jersey
Fitchburg Man Charged in Federal Drug ConspiracyRead the Press Release
BOSTON – Angel Cruz, a/k/a “Papo,” 57, was arrested today and charged in federal court in Worcester with one count of conspiracy to possess with intent to distribute cocaine.
According to the indictment, unsealed today, Cruz conspired with others in October 2016 to possess with intent to distribute 500 grams or more of cocaine.
Cruz faces a mandatory minimum sentence of five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 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; Fitchburg Police Chief Ernest F. Martineau; and Lunenburg Police Chief James P. Marino made the announcement today. The Drug Enforcement Administration, Detroit Division, Columbus Office, and the Ohio State Police assisted with the investigation. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Weinreb’s Worcester Branch Office 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.
Federal Jury Finds Two Miami-Area Men Guilty of $1.8 Million Robbery of Armored TruckRead the Press Release
Fort Myers, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Diosme Fernandez Hano (43) and Reinaldo Arrastia-Cardoso, a/k/a “Reinaldo Arrastia” (47), both from Hialeah, guilty of armed robbery and conspiracy to commit armed robbery. Each faces a maximum penalty of 20 years in federal prison. The sentencing hearings are scheduled for January 29, 2018.
Hano and Arrastia-Cardoso were charged in a superseding indictment on March 16, 2016.
According to evidence presented at trial, on November 30, 2009, Hano and Arrastia-Cardoso committed an armed robbery of a Brink’s armored truck outside of the Fifth Third Bank on Daniels Parkway and Treeline Avenue in Fort Myers. Almost $1.8 million was stolen during the robbery.
This case was investigated by the Federal Bureau of Investigation, the Lee County Sheriff’s Office, the Florida Department of Law Enforcement, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services, the Tampa Police Department, and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorneys Jeffrey F. Michelland and Simon R. Eth.
Federal Inmate Admits Possessing Images of Child Sexual Abuse While He Was in PrisonRead the Press Release
CAMDEN, N.J. – A federal inmate already serving a lengthy sentence for a child pornography conviction today admitted possessing images of child pornography while in prison, Acting U.S. Attorney William E. Fitzpatrick announced.
Erik M. Smith, 36, of Iron Mountain, Michigan, pleaded guilty before U.S. District Judge Joseph H. Rodriguez in Camden federal court to an information charging him with possession of child pornography through the use of a contraband micro SD card. Smith was already serving a 235-month sentence at Federal Correctional Institution Fort Dix (FCI Fort Dix) for his conviction in the Western District of Michigan for receipt of child pornography. Smith had a scheduled release date of March 26, 2027, prior to today’s guilty plea.
According to documents filed in this case and statements made in court:
Smith possessed a 16-gigabyte micro SD card containing 263 images of child pornography, including 213 sexually explicit images of prepubescent children. He told another inmate the SD card included “mostly boy stuff,” referring to images of boys. Smith admitted that he downloaded these and other images of child pornography from a cloud account on behalf of other inmates. Smith was one of five federal inmates arrested on April 26, 2017, on the East Compound of FCI Fort Dix and charged with new counts of distributing images and videos of child sexual abuse within the prison through the use of contraband cellphones and micro SD cards, as well as selling and possessing with intent to sell such images and videos on federal property, and conspiracy to commit these offenses.
The count of possession of child pornography to which Smith pleaded guilty carries a mandatory minimum sentence of 10 years in prison, due to Smith’s prior conviction, a maximum potential penalty of 20 years in prison, and a $250,000 fine. Sentencing is scheduled for Feb. 13, 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 today’s guilty plea. He also thanked officials of the Bureau of Prisons at FCI Fort Dix for their assistance with the investigation.
The government is represented by Assistant U.S. Attorneys Gabriel Vidoni and Alyson M. Oswald of the U.S. Attorney’s Office’s Criminal Division in Camden.
The charges and allegations in the complaints against the remaining four federal inmates –Anthony Jeffries, 32, of Orange, Virginia; Brian J. McKay, 46, of Brookhaven, Pennsylvania; Jordan T. Allen, 30, of Plain City, Ohio; and Christopher Roffler, 30, of Virginia Beach, Virginia – are merely accusations, and those defendants are considered innocent unless and until proven guilty.
Defense counsel: Mark W. Catanzaro Esq., Mount Holly, New Jersey
FDA supervisor and local businessman charged in bribery schemeRead the Press Release
ATLANTA - Elvis Gordon, a U.S. Food and Drug Administration (“FDA”) supervisor, and small business owner Ivan Ponder have been arraigned on bribery and conspiracy charges for using Gordon’s influence to divert FDA contracts to a company owned by Ponder.
“Gordon and Ponder allegedly carried out a kickback scheme that lined both their pockets with taxpayer money for nearly six years,” said U. S. Attorney Byung J. “BJay” Pak. “Gordon is charged with violating the public’s trust by taking bribes in exchange for steering FDA business to Ponder.”
“Every federal employee has the responsibility to use the public’s funds wisely,” said Antoinette V. Henry, Special Agent in Charge, FDA Office of Criminal Investigations’ Office of Internal Affairs. “When FDA employees abuse that trust, we will act swiftly to investigate and ensure that those responsible are held accountable.”
According to U.S. Attorney Pak, the charges, and other information presented in court: Elvis Gordon is the Senior Facilities Manager of the FDA field office in Atlanta, and in that role influences the selection of businesses that do various maintenance work at the FDA building in the Atlanta area.
From 2010 until 2016, Gordon allegedly used his position to direct work to P&E Management, a company owned by Ivan Ponder. Ponder, in turn, gave Gordon a debit card tied to P&E’s bank account, which Gordon used for shopping sprees, vacations, and dining out. On one occasion, Gordon used the debit card to pay for FDA business trip expenses, for which Gordon later sought reimbursement from the FDA. P&E also purchased a Cadillac Escalade for Gordon and his wife.
Elvis Gordon, 51, of Marietta, Georgia, and Ivan Ponder, 38, of Hiram, Georgia, were arraigned before U.S. Magistrate Judge Catherine M. Salinas. The defendants were indicted by a federal grand jury on October 17, 2017.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the U.S. Food and Drug Administration Office of Internal Affairs.
Assistant U.S. Attorney Lynsey M. Barron is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Deported Guatemalan Charged with Illegally Re-entering United StatesRead the Press Release
PITTSBURGH - An illegal alien found in Pittsburgh, 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 Cesar Garcia Alvarez-Paz, aka Cesar Yohan Alvarez-Paz, Cesar Alvarez, Cesar Alvarez-Paz, age 29, of Guatemala, as the sole defendant.
According to the indictment presented to the court, Cesar Garcia Alvarez-Paz, an illegal alien, was formally removed from the United States by United States Immigration and Customs Enforcement on October 7, 2015. Cesar Garcia Alvarez-Paz was found to be illegally present in Coraopolis, Pennsylvania, on October 10, 2017.
The law provides for a maximum total sentence of 10 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 Paul E. Hull 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.
Department of Justice Supports BJS’s Efforts to Release State Estimates of Crime from the National Crime Victimization SurveyRead the Press Release
The Department of Justice today announced its support of efforts to collect, analyze and report state and local crime data through the National Crime Victimization Survey. The expansion of the NCVS to produce state and local crime estimates is part of a continuing effort to improve crime data collection and it aligns with recommendations from the President’s Crime Data Task Force, which is focused on reducing violent crime.
Maintained by the Justice Department’s Bureau of Justice Statistics, the NCVS has provided national-level estimates of crime since the 1970s. Unlike the law enforcement statistics compiled by the FBI through its Uniform Crime Reporting Program, the NCVS is a household sample survey that provides data on the incidence and prevalence of nonfatal violent and property crime; characteristics of victims, incidents and offenders; the consequences of crime for victims; and the proportion of crime that is not reported to police. Supplemental surveys to the NCVS also provide data on identity theft, stalking, bullying, contact between police and the public and financial fraud.
“The National Crime Victimization Survey is designed to include offenses not reported to police,” said Deputy Attorney General Rod J. Rosenstein. “This expansion of the survey is intended to give researchers, policymakers and the public a deeper understanding of victimization in America.”
Over the past several years, BJS has worked to expand the capacity of the NCVS to assess state and local crime conditions, policing patterns and other criminal justice services. In 2016, the survey sample was redesigned to generate estimates of crime, both reported and unreported, for the largest 22 states. BJS is analyzing the data and will release the first state-level estimates for the 22 largest states in early 2018. With these data, the 22 states, which represent about 80 percent of the US population age 12 or older, will have a more complete picture of the level and nature of crime, both reported and unreported to police.
As the Justice Department launches a series of initiatives to reduce violent crime, including the National Public Safety Partnership, the state-level data will enable comparison of crime rates among states with differing criminal justice policies and programs. It will also permit the assessment of reductions in reported and unreported crime to police over time.
Additional information about the NCVS and BJS’s statistical publications and other programs can be found on the BJS website at www.bjs.gov.
The Office of Justice Programs, headed by Acting Assistant Attorney General Alan R. Hanson, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP and its components can be found at www.ojp.gov.
Defendant Sentenced to 33 Months for Failing to Register as a Sex OffenderRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces today that Senior United States District Judge Callie V. S. Granade sentenced Demetrius Patterson, 43, to 33 months imprisonment for failing to register as a sex offender. The judge ordered that Patterson pay a $100 special assessment, receive substance abuse and sex offender treatment, and undergo 25 years of supervised release after completing his prison term.
On November 20, 2007, Patterson pleaded guilty to Criminal Sexual Contact in the Third Degree in the Circuit Court of Macomb County, Michigan. Patterson was sentenced to 184 days in Macomb County Jail. Upon release from jail, he was required to register quarterly as a sex offender for life.
Between April 2014 and September 2016, Patterson traveled from Michigan to Alabama without notifying the authorities in these states about his whereabouts and without registering as a sex offender. On September 30, 2016, Patterson was arrested in Mobile, Alabama for Robbery in the First Degree, Possession of Marijuana, and Attempting to Elude. Patterson was booked into the Mobile County Metro jail pending trial. On October 5, 2016, the United States Marshals Service learned about Patterson’s presence in Mobile County. Patterson was a non-compliant registered sex offender from Michigan who had not registered in Alabama as a sex offender. After Patterson received bond and was released from jail in his state case, law enforcement officials determined that Patterson was not living at the local address he gave the bonding company. Furthermore, Patterson had not met with local authorities to register as a sex offender.
In May 2017, a federal grand jury for the Southern District of Alabama charged Patterson with failing to register as a sex offender in violation of 18 U.S.C. § 2250(a). On August 2, 2017, Patterson pleaded guilty to the offense before Judge Granade.The United States Marshals Service investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Day Care Owner Sentenced for Stealing Government FundsRead 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 Halima Mohamed, 35, of Buffalo, NY, who was convicted of theft of government funds, was sentenced to five months in prison and three years supervised release, to include five months home detention, by U.S. District Judge Lawrence J. Vilardo. In addition, the defendant was ordered to pay restitution totaling $130,188 to the U.S. Department of Health and Human Services and is prohibited from owning/operating a daycare facility for the duration of her sentence.
Assistant U.S. Attorney Maura K. O’Donnell, who handled the case, stated that in February 2015, the defendant and her husband, Tariq Butt, opened Twinkle Stars Day Care Center in Buffalo. Between January 2016 and September 2016, Mohamed submitted hundreds of fraudulent claims to Erie County seeking reimbursement for daycare services purportedly provided by Twinkle Stars to children eligible for Child Care and Development Block Grant funds from the U.S. Department of Health and Human Services. The defendant knew that the children listed on the claims did not actually attend Twinkle Stars on the dates and times claimed, making the daycare ineligible for reimbursement. In total, between January 2016 and September 2016, Erie County paid Twinkle Stars approximately $130,188 for daycare services, which were never provided.
Tariq Butt has been convicted and is awaiting sentencing.
Today’s sentencing is the result of an investigation by the U.S. Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent-in-Charge Scott Lampert, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Council Bluffs Man Sentenced for Drug Trafficking and Firearm OffensesRead the Press Release
COUNCIL BLUFFS, Iowa - On October 31, 2017, Chief United States District Court Judge John A. Jarvey sentenced Travis Wayne Clark, 27, of Council Bluffs, Iowa, heather Jean Reekrto 60 months in prison for possessing methamphetamine with intent to distribute and a consecutive 60 months for possession of a firearm in furtherance of the drug trafficking offense, announced United States Attorney Marc Krickbaum. Clark will serve four years of supervised release following imprisonment.
Clark entered a guilty plea to the two charges on June 5, 2017. The convictions resulted from an investigation that began with a traffic stop conducted by Council Bluffs Police Department. Located in a vehicle that Clark was driving was methamphetamine, approximately $1,000, along with methamphetamine distribution paraphernalia. In addition, law enforcement found a loaded 9mm handgun on Clark.
This matter was investigated by the Council Bluffs Police Department and the Southwest Iowa Narcotics Task Force. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).