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1 November 2017
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.
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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.
-END-
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).
Convicted Felon Guilty of Possession of Firearms and Drug TraffickingRead the Press Release
Memphis, TN – A federal jury has found a Bartlett man guilty for possession of a controlled substance with intent to distribute, possession of firearms in furtherance of drug trafficking, as well as being a felon in possession of firearms. D. Michael Dunavant, U.S. Attorney for the Western District of Tennessee, announced the guilty verdicts today.
According to information presented in court, throughout August 2016, Detectives with the Bartlett Police Department received information that David High, 31, was selling marijuana at a residence in Memphis, TN. Officers set up surveillance at the residence and saw High smoking marijuana on the front steps of his house. On August 19, 2016, law enforcement witnessed him walk outside with a backpack and get into a truck. They followed him and stopped him for speeding in a school zone.
As officers approached the defendant, he attempted to put something under the passenger side seat. Officers noticed the strong smell of marijuana emanating from the car and noticed the defendant visibly shaken. High admitted to speeding in the school zone. The officers searched the car based on the marijuana smell and found a dark colored backpack under the passenger side seat containing a clear plastic bag with 125 grams of marijuana, a black plastic bag with 125.6 grams of marijuana and a black bag containing 119.3 grams of THC wax. The marijuana field-tested positive.
Based on this information, the officers obtained a search warrant to search for drugs and drug proceeds at the residence. The officers executed the search warrant the same day and discovered a Smith & Wesson .38-caliber revolver loaded with five rounds of ammunition and a Mossberg 12 gauge shotgun. The shotgun has a pistol stock and was located between a bedside table and the bed, allowing for easy access. The shotgun was also within arm’s length of a dresser, which contained the majority of the marijuana. High’s ID was found in the top of one of the dressers in the master bedroom. A box of 12 gauge shotgun shells was found in one of the nightstands in the bedroom.
Throughout the residence was a total of 1265.6 grams of marijuana, 110.2 grams of marijuana wax and $2,990 in cash.
United States Attorney D. Michael Dunavant said, "On July 24, 2017, our office along with other local partners held the ‘Fed Up’ press conference to inform the citizenry that we are fed up with this type of lawlessness, drug trafficking, and gun violence throughout our communities. This case serves as a reminder that if you choose to illegally possess a firearm, you could be facing up to life in federal prison. Gun Crime is Max Time."
Sentencing is scheduled for February 2, 2018, before U.S. District Judge Sheryl H. Lipman. High faces up to 15 years imprisonment.
This case was investigated by the Bartlett Police Department and Project Safe Neighborhoods. Assistant U.S. Attorney J. William Crow is prosecuting this case on the government’s behalf.
- Complaint in U.S. v. Sayfullo Saipov
Colorado Man Pleads Guilty to Federal Drug Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Adrian Chavez, 24, of Greeley, Colo., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge.
The DEA arrested Chavez in Aug. 2016, after seizing approximately 2.80 kilograms (6.27 pounds) of crystal methamphetamine from him during an interdiction investigation at the Greyhound Bus Station in Albuquerque. The methamphetamine was contained in five clear plastic containers inside Chavez’s backpack.
Chavez subsequently was indicted on Aug. 23, 2016, and was charged with possession of methamphetamine with intent to distribute on Aug. 12, 2016, in Bernalillo County, N.M.
During today’s change of plea hearing, Chavez pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Chavez admitted that on Aug. 12, 2016, he possessed methamphetamine that was concealed inside five plastic containers wrapped with grey duct tape inside his backpack.
At sentencing, Chavez faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Cape Cod Man Pleads Guilty to Conspiracy to Distribute Fentanyl, Heroin, and CocaineRead the Press Release
BOSTON – A Yarmouth Port man pleaded guilty today in federal court in Boston for his role in a wide-ranging operation that distributed heroin and fentanyl throughout Cape Cod.
Kevin Fraga, 24, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute 400 grams or more of fentanyl, 500 grams or more of cocaine and 100 grams or more of heroin. U.S. District Court Judge Allison Buroughs scheduled sentencing for Jan. 24, 2018.
Fraga and three others were arrested in August 2017 as part of a drug ring that shipped large quantities of fentanyl, cocaine and heroin from Boston to Cape Cod, where it was redistributed. Fraga and his brother, Alex Fraga, were arrested on Aug. 16, 2017, after law enforcement officers seized large quantities of fentanyl, heroin and cocaine from Kevin Fraga’s Jeep and Winnebago, and the home that Alex and Kevin shared in Yarmouth Port. Approximately one week later, Kelvin Chales and James Ramirez, alleged drug suppliers to the Fraga brothers, were arrested, and law enforcement seized fentanyl pills and powdered fentanyl from a drug stash house in Dorchester, Ramirez’s home in Dorchester, and a safety deposit box at Santander Bank in Dorchester.
The charge provides for a mandatory minimum sentence of 10 years and up to life in prison, five years and up to a lifetime of supervised release and a fine of up to $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Cape and Islands District Attorney Michael O’Keefe made the announcement today. The investigation was led by the DEA Cape Cod Resident Office and the Massachusetts State Police - Cape & Islands District Attorney’s Office in conjunction with the Brewster, Harwich, Sandwich, Mashpee, Chatham, Yarmouth, and Barnstable Police Departments and the Barnstable County Sheriff’s Department. Assistant U.S. Attorney Eric Rosen of Weinreb’s Criminal Division is prosecuting the case
Buffalo Man Sentenced for Violations of Clean Air Act Involving AsbestosRead 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 Sean P. Doctor, 50, of Buffalo, NY, who was convicted of making a false statement under the Clean Air Act, was sentenced to one year probation and fined $2,000 by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Aaron J. Mango, who handled the case, stated that CEM, an environmental consulting company located at 1815 Love Road on Grand Island, provided consulting services to Doctor and his asbestos abatement company, S.D. Specialty Services, LLC. Pursuant to federal regulations, all owners or operators of an asbestos abatement project regulated under the Clean Air Act, must maintain a waste shipment manifest to include the name of the owner/operator; the name of the generator; and the date the asbestos was transported. The information enables the Environmental Protection Agency, which enforces the Clean Air Act and associated regulations, properly and timely to investigate suspected violations of the Clean Air Act.
From December 2009, to January 2010, employees of S.D. Specialty performed asbestos abatement work at the Roosevelt Park Shelter in Buffalo, which was subject to regulations of the Clean Air Act. During the project, S.D. Specialty employees removed asbestos from the Roosevelt Park Shelter and transported the material to a waste container at CEM on Grand Island.
On March 11, 2010, Doctor and CEM executed an asbestos waste manifest which falsely indicated that asbestos had been transported to CEM from the Roosevelt Park Shelter on that date. In truth and in fact, such asbestos had been transported to, and stored at, the Grand Island location prior to March 11, 2010. As such false statement was included in the shipping manifest created when a local waste disposal company retrieved the waste container at CEM on March 11, 2010, such false statement became part of a record required to be maintained under the Clean Air Act.
In addition, on April 28, 2011, an inspection of the Roosevelt Park Shelter revealed asbestos was improperly left behind by employees of S.D. Specialty.
CEM owner Raj Chopra and the company have both been convicted and are awaiting sentencing.
Today’s sentencing is the result of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency - Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon; and Investigators of the New York State Department of Environmental Conservation Police, BECI, under the direction of Captain Frank Lauricella. Additional assistance was provided by the New York State Department of Labor, Asbestos Control Bureau.
Brooklyn Resident Charged with Providing Material Support to ISIS Extradited to United StatesRead the Press Release
Earlier today, an indictment was unsealed in federal court in Brooklyn, New York, charging Mirsad Kandic, a legal permanent resident of the United States, with one count of conspiring to provide material support and resources to the Islamic State of Iraq and al-Sham (ISIS), a 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. The defendant was extradited to the United States from Bosnia and Herzegovina yesterday and is scheduled to be arraigned this afternoon before United States Magistrate Judge Ramon E. Reyes, Jr., at the federal courthouse in Brooklyn.
Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Dana J. Boente, Acting Assistant Attorney General for National Security, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office, and James P. O’Neill, Commissioner, New York City Police Department (NYPD), announced the extradition and charges.
“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 its ranks and helping it 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 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, 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 FBI 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 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 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.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Saritha Komatireddy, Tiana A. Demas and J. Matthew Haggans are in charge of the prosecution, with assistance provided by Trial Attorneys Jennifer Levy and Jolie Zimmerman of the National Security Division’s Counterterrorism Section.
The Defendant:
MIRSAD KANDIC
Age: 36E.D.N.Y. Docket No. 17-CR-449 (NGG)
Brooklyn Businessman Charged with Fraud in Connection with Two Initial Coin OfferingsRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging Maksim Zaslavskiy with securities fraud conspiracy in connection with engaging in illegal unregistered securities offerings and fraudulent conduct and misstatements designed to deceive investors as part of two Initial Coin Offerings (ICOs). Zaslavskiy conducted these ICOs through two of his companies, REcoin Group Foundation, LLC (REcoin) and DRC World, Inc., which was also known as Diamond Reserve Club (Diamond). Zaslavskiy marketed RECoin as “The First Ever Cryptocurrency Backed by Real Estate,” and subsequently touted Diamond as an “exclusive and tokenized membership pool” that was hedged by physical diamonds. The defendant was arrested this morning and his initial appearance is scheduled for this afternoon before United States Magistrate Judge Ramon E. Reyes, Jr. In a separate action, the United States Securities and Exchange Commission (SEC) filed civil charges against Zaslavskiy.
Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the charges.
“As alleged, Zaslavskiy and his associates enticed investors by promising returns using novel ICOs even though Zaslavskiy knew that no real estate or diamonds were actually backing the investments,” stated Acting United States Attorney Rohde. “This Office and our partners at the FBI are committed to protecting investors and ensuring that the securities markets are free from manipulation.” Ms. Rohde extended her grateful appreciation to the Securities and Exchange Commission, New York Regional Office, for their assistance in this case.
“As alleged, Zaslavskiy and associates led their victims to believe they were hedging their bets on cryptocurrency secured by real estate and diamond investments,” stated Assistant Director-in-Charge Sweeney. “Much like a diamond, however, their promises were flawed, and the investments didn't exist. Today’s charges are a reminder that we intend to prosecute those who exploit our markets by engaging in corrupt behavior.”In connection with the two ICOs, Zaslavskiy, with the help of others working with him, allegedly sold virtual tokens or coins to investors under the pretense that the coins were backed by investments in real estate and diamonds, even though no such investments existed. Virtual currency, such as that promoted in these ICOs, is a digital representation of value that can be digitally traded but does not have legal tender status, and functions only by agreement with the community of users of that particular currency. Zaslavskiy and his cohorts promised substantial returns to investors even though neither company had any real operations. With respect to REcoin, Zaslavskiy advertised that the company had a “team of lawyers, professionals, brokers and accountants” who would invest the proceeds from the REcoin ICO into real estate when in fact no such employees had ever been hired or even consulted, and no real estate investments were made. Similarly, Zaslavskiy told prospective investors in Diamond that their investment in Diamond tokens was “hedged by physical diamonds,” even though Diamond had not actually purchased any diamonds or engaged in any business operations.
If convicted, the defendant faces up to five years’ imprisonment and a fine. The charges in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorney Julia Nestor is in charge of the prosecution.
The Defendant:
MAKSIM ZASLAVSKIY
Residence: Brooklyn, New York
Age: 38E.D.N.Y. Docket No. 17-MJ-934
Bessemer, Michigan Crystal Meth Dealer Sentenced to over 17 Years in Federal PrisonRead the Press Release
MARQUETTE, MICHIGAN —Jeremy James Whitebird, age 34 and formerly a resident of Bessemer, MI, was sentenced to 212 months (17 years, 8 months) in federal prison as a result of Whitebird’s involvement in methamphetamine trafficking and unlawful gun possession in Gogebic County, Acting U.S. Attorney Andrew Birge announced today.
In January 2017, officers assigned to the Gogebic Iron-Area Narcotics Team (GIANT) learned that Whitebird was selling significant amounts of crystal methamphetamine (meth) and other drugs in the Bessemer and Ironwood area. Acting on this information, undercover GIANT officers purchased ounces of crystal meth from Whitebird on three separate occasions and followed that with a search warrant at his residence. During the search, police found 424 grams (about 15 ounces) of crystal meth, 194 grams of cocaine, 27 grams of heroin and 3.5 pounds of marijuana. Whitebird, who has multiple prior felony convictions, was also in possession of several firearms. In addition, Whitebird, who is the father of six children and currently owes more than $25,000 in child support, had about $15,000 in cash in his possession.
Following these discoveries, Sergeant Matthew J. Sterbenz, the head of GIANT, contacted the U.S. Drug Enforcement Administration (DEA) and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) so that Whitebird would be prosecuted in federal court. After Whitebird’s sentencing, Sgt. Sterbenz thanked the officers of GIANT and the Gogebic Iron-Area SWAT Team, the Special Agents of the DEA and ATF, the U.S. Attorney’s Office and Beacon Ambulance Service (which provided standby emergency medical response during the execution of the search warrant) for their work on the investigation.
On June 26, 2017, Whitebird pleaded guilty to one count of possession with intent to distribute methamphetamine and a count related to being a felon in possession of a firearm. U.S. District Judge Paul L. Maloney sentenced Whitebird to 212 months for the meth offense and ordered the 120-month sentence for the firearm offense to run concurrently. Whitebird will also serve 5 years on supervised release after he is released from prison.
Acting U.S. Attorney Andrew Birge observed that the western part of the Upper Peninsula of Michigan is being hit particularly hard by a caustic mix of crystal methamphetamine, opioid addiction, and opioid-related overdoses. Birge vowed that the U.S. Attorney’s Office and its partners at DEA, ATF, and local narcotics teams will continue to aggressively investigate and prosecute armed drug traffickers like Whitebird.
END
Armed Drug Dealer Sentenced to More Than 17 Years in Federal PrisonRead the Press Release
Jacksonville, Florida –U.S. District Judge Timothy J. Corrigan yesterday sentenced Michael Holmes (53, Jacksonville) to 17 years and 6 months in federal prison for illegal possession of multiple firearms by a convicted felon, and possession with intent to distribute cocaine and cocaine base (“crack cocaine”). He was found guilty in a bench trial before Judge Corrigan on November 12, 2015.
According to court documents and testimony at the sentencing hearing, on December 29, 2013, Jacksonville Sheriff’s Office detectives questioned Holmes on the front porch of his home about complaints of drug sales occurring at the property. When asked to retrieve his identification, Holmes left the detectives on his front porch and attempted to obtain a firearm from his gun safe inside the home. Unable to get the safe open, Holmes returned to the front porch. He later told the detectives that if he had been able to get the safe open, he believed that he would have been able to “take . . . out” at least two detectives before making his escape.
While waiting on the front porch, detectives smelled fresh burning marijuana wafting out the front door and, when Holmes returned from inside the home, he admitted to smoking marijuana. The detectives obtained a search warrant for the home and later found the gun safe, 12 firearms, over 1,100 rounds of ammunition, high-capacity magazines, a bulletproof vest, approximately $3,600 in cash, three digital scales, more than 49 grams of marijuana, 20 grams of cocaine base, and 29 grams of powder cocaine. When asked how he came to possess the cache of firearms, Holmes explained, “I sell dope. People come. I buy.”
Holmes has multiple, prior felony convictions, including drug sale convictions. As such, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorneys Cherie Krigsman and Michael J. Coolican.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN) — a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney W. Stephen Muldrow coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
31 October 2017
Woman Faked Death as Part of Cross-Country Luxury Vehicle Fraud SchemeRead the Press Release
NEWPORT NEWS, Va. – A Portsmouth woman who faked her own death in connection with an elaborate bank fraud scheme pleaded guilty today to conspiracy and fraud charges.
According to court documents, Alexandra Hatcher, 49, conspired with her husband, Albert Hatcher Jr., to collect on life insurance policies the two had obtained to insure Hatcher’s life. After traveling to Washington state and changing her legal name in August 2015, Hatcher and her husband submitted false death claims on at least two of these policies. In support of these claims, Hatcher created fake death certificates and published a death notice in the Daily Press. After insurers denied their claims, Hatcher and her husband undertook a cross-country fraud scheme through which they fraudulently obtained at least 20 new and newer-used luxury vehicles by presenting worthless and counterfeit checks and forged documents to car dealerships in several states. Hatcher and her husband retitled these vehicles and then used them as collateral for loans and other vehicles. The two also resold vehicles to other dealerships for cash. Hatcher used the legal name she adopted just prior to faking her death to purchase, title, and resell vehicles in furtherance of the scheme.
The Hatcher’s each pleaded guilty to conspiracy to commit bank fraud, possessing and uttering a counterfeit security of an organization, and conspiracy to commit mail fraud. Each faces a maximum penalty of 30 years in prison when sentenced. Alexandra Hatcher will be sentenced on Feb. 12, 2018. Albert Hatcher will be sentenced on Jan. 22, 2018. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Robert B. Wemyss, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the plea. Assistant U.S. Attorney Kaitlin C. Gratton is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:17-cr-48.
Wilson Drug Trafficker Sentenced After Conviction for Deadly Heroin DistributionRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr. announced that in federal court yesterday, United States District Judge Louise W. Flanagan, sentenced ELTON WAYNE WALSTON, age 66, of Wilson, to 324 months imprisonment followed by 3 years of supervised release.
On June 22, 2017, WALSTON was found guilty of one count of distributing heroin that resulted in the death of a Wilson, N.C. man, one count of possession with intent to distribute heroin, one count of illegally possessing a firearm and ammunition, and four counts of distribution of heroin.
In 2015, the Wilson Police Department and Drug Enforcement Administration (DEA), Raleigh, North Carolina, identified WALSTON as a source of heroin in the Wilson, Greenville, and Nash County areas. Investigation confirmed that the defendant sold heroin on multiple occasions including a sale that led to the death of a Wilson man, in March of 2015.
SARAH ANNE MOLLENHAUER, 32, of Anthem, Arizona was also sentenced to 45 months of imprisonment and 3 years of supervised release. MOLLENHAUER pled guilty to a Superseding Criminal Information on November 15, 2016 that charged her with Distribution of a Quantity of Heroin and Aiding and Abetting.
The evidence presented at the same trial revealed that on March 27, 2015, MOLLENHAUER notified the mother of the man who died that her son was not breathing and that he was at his brother’s residence on Dover Road in Wilson. At the scene, officers located and questioned MOLLENHAUER. Specifically, MOLLENHAUER advised that she and the victim “hung out” on the evening of March 26, 2015. Furthermore, MOLLENHAUER advised that she left the victim around 12:30am on March 27, 2015, to meet her boyfriend. MOLLENHAUER returned to the residence with her boyfriend, a nurse, to check on the victim who was lying on the floor with his eyes closed and breathing heavily. MOLLENHAUER and her boyfriend left the residence at 1:30am. MOLLENHAUER indicated she returned at 5:30am to again check on the victim’s condition. At that time, she found the victim lying on the bathroom floor and not breathing. He was pronounced dead on the scene by responding EMS personnel at 6:21 am.
“Heroin and other opioids are a deadly plague across our country. Our office - along with the entire U.S. Department of Justice - is determined to hold accountable those who deal these deadly drugs to enrich themselves. This prosecution is an example of that determination,” said Robert J. Higdon, Jr., U.S. Attorney for the Eastern District of North Carolina.
“This guilty verdict is a victory for law enforcement and the citizens of North Carolina. DEA and our law enforcement partners are committed to bringing to justice those who prey on individuals who are unfortunately addicted to this poison. Hopefully, this verdict, will bring some comfort to the families impacted by Mr. Walston’s illegal activities,” said DEA Special Agent in Charge Daniel R. Salter.
The case was investigated by the DEA Raleigh Resident Office, Wilson Police Department, North Carolina State Office of the Chief Medical Examiner, the North Carolina State Bureau of Investigations Crime Lab, and the Bureau of Alcohol Tobacco and Firearms (ATF). The federal prosecution was handled by Special Assistant United States Attorney Benjamin O. Zellinger and Assistant United States Attorney Edward D. Gray. Mr. Zellinger is a prosecutor with the Wake County District Attorney’s Office. Wake County District Attorney Lorrin Freeman has assigned Mr. Zellinger to the United States Attorney’s Office, pursuant to funding provided by the state of North Carolina as allocated by the North Carolina Conference of District Attorneys, to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters.
Williamsville Woman Sentenced for Stealing Social Security Retirement BenefitsRead 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 Diane Cleversley, 68, of Williamsville, NY, who was convicted of theft of social security benefits, was sentenced to two years’ probation, to include one year home detention, by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that the defendant failed to notify the Social Security Administration of her mother’s death in 2001. As a result, social security checks continued to be issued and deposited into a joint savings account held by Cleversley and her mother. The defendant transferred funds from the joint savings account into her own checking account. Cleversley, a retired social worker, stole a total of $176,405 between July 2001 and February 2017. The government recovered $104,051 from the savings account and Cleversley has repaid the Social Security Administration restitution totaling $72,354.
The sentencing is the result of an investigation by the Office of the Inspector General of the Social Security Administration, under the direction of Special Agent-in-Charge John Grasso.
Webster Man Charged with Government TheftRead the Press Release
BOSTON – David Brunell, 55, of Webster was arrested today and charged in federal court in Worcester with one count of theft of government money. Brunell was released on conditions following his appearance before U.S. Magistrate Judge David H. Hennessy.
According to the indictment, Brunell embezzled more than $1,000 in funds from the Social Security Administration between January 2004 and May 2017.
Brunell faces a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney William F. Abely of Weinreb’s Worcester Branch Office is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Waterbury Man Sentenced to 37 Months in Prison for Distributing Heroin Involved in Winsted OverdoseRead the Press Release
John H. Durham, United States Attorney for the District of Connecticut, announced that PETER HASKELL, 32, of Waterbury, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 37 months of imprisonment, followed by three years of supervised release, for distributing heroin involved in the overdose death of a Winsted woman last year.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, in the morning of April 17, 2016, Winchester Police officers and emergency medical personnel responded to a Winsted residence on the report of an unresponsive woman. The woman, who was 27, was pronounced deceased at the scene. Within the residence, officers located and seized several opened and unopened wax folds (“bags”) of suspected heroin/fentanyl, and other narcotics paraphernalia. Investigators also seized the victim’s cell phone.
The Connecticut Chief Medical Examiner’s Office determined that the victim’s death was caused by acute intoxication due to the combined effects of fentanyl, heroin, hydrocodone and alcohol.
The investigation revealed that the day before she was found dead, the victim traveled to Waterbury to purchase heroin from HASKELL. HASKELL subsequently admitted that he sold the heroin that the victim used just before her death.
HASKELL was arrested on a federal criminal complaint on April 21, 2017, and has been detained since his arrest. On July 11, he pleaded guilty to one count of possession with intent to distribute, and distribution of, heroin.
This matter was investigated by the Drug Enforcement Administration’s New Haven Tactical Diversion Squad and the Winchester Police Department. The Tactical Diversion Squad includes participants from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon, Wilton, Milford, Monroe and Fairfield Police Departments, and the Connecticut State Police.
This case was prosecuted by Assistant U.S. Attorneys Robert M. Spector and Natasha Freismuth.
Virginia Man Sentenced to 87 Months in PrisonRead the Press Release
CAMDEN, N.J. – A Virginia man was sentenced today to 87 months in prison for robbing four banks – two in New Jersey and two in Baltimore, Maryland – during a spree in December 2016, Acting U.S. Attorney William E. Fitzpatrick announced.
Bruce Wayne Higgins, 43, of Herndon, Virginia, previously pleaded guilty before U.S. District Court Judge Renée Marie Bumb to a four-count information charging him with robbing: (1) Dec. 10, 2016 – Howard Bank in Baltimore; (2) Dec. 13, 2016 -- Northwest Bank in Baltimore; (3) Dec.15, 2016 – TD Bank N.A. in Ocean City, New Jersey; and (4) Dec. 16, 2016 – Wells Fargo Bank in Atlantic City, New Jersey. Judge Bumb imposed the sentence today in Camden federal court
According to documents filed in this case and statements made in court:
On Dec. 15, 2016, a man entered a TD Bank in Ocean City and presented a teller with a note that read: “GUN IN Pocket, MONEY NOW or –BANG-.” He then took cash from the teller and fled on foot. Law enforcement officers issued a bulletin with a bank surveillance photograph. The robber was later identified as Higgins.
Through coordination with the FBI in Baltimore, Maryland, New Jersey agents learned that a robber with a similar physical description had robbed two banks and a business earlier that week in Baltimore.
On Dec. 16, 2017, a man fitting Higgins’ description walked into a TD Bank in Atlantic City. After recognizing Higgins from the police bulletin, a bank employee triggered the bank’s “hold-up” alarm, and Higgins left the bank and got into a taxicab. Officers from the Atlantic City Police Department (ACPD) arrived at the TD Bank and, following up on information provided by witnesses, issued a bulletin describing the taxicab’s number and direction of travel.
Having received the bulletin describing the taxicab, another ACPD officer located the taxicab near a Wells Fargo Bank in Atlantic City while Higgins was allegedly in the process of robbing that bank. Higgins entered the Wells Fargo Bank and presented a teller with a note that read, “Gun in Pocket, Money Now or Bang now.” After Higgins took the money and fled the bank, ACPD officers arrested him.
Higgins admitted to robbing two banks and a business in Baltimore, Maryland, as well as the two New Jersey banks. During each of the bank robberies, Higgins threatened the bank’s employees and fled.
In addition to the prison term, Judge Bumb sentenced Higgins to three years of supervised release and ordered him to pay restitution of $23,390.
Acting U.S. Attorney Fitzpatrick credited special agents with the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark and Special Agent in Charge Gordon Johnson in Baltimore; the Ocean City Police Department, under the direction of Chief Chad Callahan; the Atlantic City Police Department, under the direction of Chief Henry White; the Cape May County Prosecutor’s Office, under the direction of Prosecutor Robert L. Taylor; the Atlantic County Prosecutor’s Office, under the direction of Prosecutor Damon Tyner; the Baltimore County Police, under the direction of Chief Terrance Gordon; and the Fairfax County Police, under the direction of Chief of Police Col., Edwin C. Roessler Jr., with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Diana Vondra Carrig of the U.S. Attorney’s Office in Camden.
United States Recovers $200,000 Resolving Allegations that Social Security Disability Income Recipient Violated the False Claims ActRead the Press Release
DENVER – The United States recovered $200,000 as a settlement of allegations that Stephen G. Ackerman violated the federal False Claims Act by improperly accepting Social Security Disability Income payments and misleading the Social Security Administration (“SSA”) about his work activity, acting U.S. Attorney Bob Troyer announced.
The Settlement Agreement resolves contentions by the United States that Mr. Ackerman failed to accurately report his work activity to SSA between January 2011 and January 2016. The United States contends that Mr. Ackerman engaged in substantial gainful activity that made him ineligible to receive his monthly disability income payments through his work on behalf of Organic Alternatives, a marijuana retail business Mr. Ackerman owns and operates. Because Mr. Ackerman was not truthful to SSA about his work activity, the United States contends that he is liable under the False Claims Act, which allows for civil penalties and treble damages.
“Lying to the federal government does not pay,” said acting U.S. Attorney Bob Troyer. “We are committed to recovering government benefits obtained by fraud.”
“The SSA Office of the Inspector General is committed to protecting Social Security’s disability programs from fraud, waste, and abuse,” said Wilbert Craig, Special Agent-in-Charge of the OIG’s Denver Field Division. “This settlement and monetary recovery demonstrates that we will investigate allegations of false statements related to receiving Social Security disability benefits, to preserve benefits for individuals who truly need and depend on them. I thank the U.S. Attorney’s Office for pursuing this case.”
“Program integrity is one of the Social Security Administration’s highest priorities. We vigorously fight fraud and appreciate the U.S. Attorney’s commitment to recovering the public’s money,” said Asheesh Agarwal, General Counsel, Social Security Administration.
The Social Security Administration Office of Inspector General and Social Security Administration Office of General Counsel were key partners in investigating and resolving this matter. The United States Attorney’s Office in Denver, Colorado works closely with these offices in the pursuit of recouping fraudulently obtained Social Security benefits.
The United States was represented in this matter by Assistant United States Attorney Andrea Wang of United States Attorney’s Office in Denver, Colorado.
United States Announces Settlement with New York City Board of Elections Resolving Improper Removal of Voters from Registration RollsRead the Press Release
The Department of Justice and the United States Attorney’s Office for the Eastern District of New York announced today that it has entered into a settlement with the Board of Elections in the City of New York (NYCBOE), resolving the Department’s claims that the NYCBOE improperly removed New York City voters from voter registration rolls in violation of Section 8 of the National Voter Registration Act of 1993 (NVRA). Under the terms of the settlement, the NYCBOE will ensure that the names of affected voters will be restored to the City’s voter registration list.
The Justice Department’s investigation found that the NYCBOE removed approximately 117,000 voters from the voter registration list solely due to the voters’ failure to vote, something that federal law forbids. The NYCBOE also failed to follow NVRA procedures designed to protect voters from wrongful removal from the voter registration list.
The NVRA includes requirements for maintaining voter registration lists in elections for federal office. The NVRA requires that states make a reasonable effort to remove voters who may have become ineligible due to having died or moved. At the same time, the NVRA has protections against wrongful removal, including specific procedures for voters who may have moved and a requirement that voters cannot be removed solely because he or she has not voted.
The settlement also requires the NYCBOE to develop and implement voter registration list maintenance procedures that comply fully with federal law and protect New York City voters from improper removal from voter registration lists in the future. The parties will submit the settlement to a federal judge for court approval.
“Complete and accurate voter registration lists strengthen our democracy,” said Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division. “The Civil Rights Division commends the Board of Elections for working with the Division to ensure that New York City’s voter registration list accurately reflects its eligible registrants, as envisioned by the National Voter Registration Act.”
“The improper removal of voters from the rolls deprives voters of their voice in choosing their elected representatives,” said Acting U.S. Attorney Bridget M. Rohde of the Eastern District of New York. “The settlement in this case restores that voice and ensures that eligible voters will be heard in the future.”
More information about the National Voter Registration Act and other federal voting laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section. Complaints about voter registration practices may be reported to the Civil Rights Division at 1-800-253-3931.
United States Announces Settlement with New York City Board of Elections Resolving Improper Removal of Voters from Registration RollsRead the Press Release
BROOKLYN – The Department of Justice and the United States Attorney’s Office for the Eastern District of New York announced today that it has entered into a settlement with the Board of Elections in the City of New York (NYCBOE), resolving the Department’s claims that the NYCBOE improperly removed New York City voters from voter registration rolls in violation of Section 8 of the National Voter Registration Act of 1993 (NVRA). Under the terms of the settlement, the NYCBOE will ensure that the names of affected voters will be restored to the City’s voter registration list.
The Justice Department’s investigation found that the NYCBOE removed approximately 117,000 voters from the voter registration list solely due to the voters’ failure to vote, something that federal law forbids. The NYCBOE also failed to follow NVRA procedures designed to protect voters from wrongful removal from the voter registration list.
The NVRA includes requirements for maintaining voter registration lists in elections for federal office. The NVRA requires that states make a reasonable effort to remove voters who may have become ineligible due to having died or moved. At the same time, the NVRA has protections against wrongful removal, including specific procedures for voters who may have moved and a requirement that a voter cannot be removed solely because he or she has not voted.
The settlement also requires the NYCBOE to develop and implement voter registration list maintenance procedures that comply fully with federal law and protect New York City voters from improper removal from voter registration lists in the future. The parties will submit the settlement to a federal judge for court approval.
“The improper removal of voters from the rolls deprives voters of their voice in choosing elected representatives,” said Acting U.S. Attorney Bridget M. Rohde of the Eastern District of New York. “The settlement in this case restores that voice and ensures that eligible voters will be heard in the future.”
“Complete and accurate voter registration lists strengthen our democracy,” said Acting Assistant Attorney General John Gore of the Justice Department’s Civil Rights Division. “The Civil Rights Division commends the Board of Elections for working with the Division to ensure that New York City’s voter registration list accurately reflects its eligible registrants, as envisioned by the National Voter Registration Act.”
More information about the National Voter Registration Act and other federal voting laws is available on the Department of Justice website at https://www.justice.gov/crt/voting-section. Complaints about voter registration practices may be reported to the Civil Rights Division at 1-800-253-3931.