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27 October 2017
Second Man Pleads Guilty in Kidnapping CaseRead the Press Release
A Flint man pleaded guilty on October 25, 2017, to kidnapping and being a felon in possession of ammunition, Acting U.S. Attorney Daniel L. Lemisch announced today.
Lemisch was joined in the announcement by David P. Gelios, Special Agent in Charge of the Detroit Division of the Federal Bureau of Investigation (FBI), and George N. Sippert, Chief of Police of the Flint Township Police Department.
James M. Elbert, III, 28, of Flint, entered the guilty plea before United States District Court Judge Matthew F. Leitman. Elbert’s co-defendant, Steven J. Bridges, Jr. previously pleaded guilty to kidnapping and brandishing a firearm before Judge Leitman on July 17, 2017.
According to court documents, Elbert, a drug dealer, traveled from Arkansas to Michigan to collect a drug debt from the victim. Elbert and Bridges, who were both armed with firearms, kidnapped the victim from a Flint Township apartment complex. Elbert and Bridges then tied the victim up, placed a plastic bag over his head, and transported him to a vacant house in Flint. Once at the vacant house, Elbert and Bridges took the victim to the basement where they tied him to a chair and placed a gag in his mouth, which they secured by wrapping tape around the victim’s head and neck. During the kidnapping, Elbert made telephone calls to the victim’s family threatening to kill to the victim if his debt was not paid. Officers with the Flint Township Police Department ultimately learned of the victim’s location and rescued him before he was subjected to further harm. The victim was transported to a local hospital for treatment and was later released in good condition.
“We are focusing our resources on the most violent offenders in the Flint area in hopes of improving the quality of life for residents,” Lemisch said. “Armed kidnapping is one of the most serious violations of public safety, making people feel vulnerable in their own neighborhoods and communities. We will bring strong federal penalties against those who prey on citizens in the Eastern District of Michigan.”
“The FBI is pleased to have assisted the Flint Township Police Department in bringing Mr. Elbert to justice,” said David P. Gelios, Special Agent in Charge, Detroit Division of the FBI. “This incident once again underscores the dangers we face from illegal drugs and the violent crimes that often accompany drug trafficking activities. While dangers remain so long as illegal drugs are on our streets, the public should know that these criminals will not escape the reach of law enforcement, even when they come from hundreds of miles away.”
“This case once again demonstrates the commitment to cooperation between local police agencies and their Federal partners. Law enforcement is most often successful when combining resources. We are grateful for the support of the FBI and the commitment and dedication to our community’s safety exhibited by the efforts of the United States Attorney’s Office,” Chief Sippert said.
Elbert, who has been designated as an Armed Career Criminal because of his prior record, faces at least 15 years and up to life imprisonment for the kidnapping and felon in possession of ammunition charges. Sentencing has been scheduled for February 15, 2018 at 10:00 a.m. before Judge Leitman.
Bridges faces at least 7 years and up to life imprisonment for the kidnapping and brandishing a firearm charges. Sentencing has been scheduled for February 26, 2018 at 10:00 a.m. before Judge Leitman.
The case was investigated by the Flint Township Police Department with assistance from special agents of the FBI. The case is being prosecuted by Assistant United States Attorney Anthony P. Vance.
Saint Louis Park Lawyer Found Guilty of Distributing Child PornographyRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced the conviction of IAN SCOT LAURIE, 49, for distribution of child pornography. Following a four-day trial before Senior Judge David S. Doty in Minneapolis, Minn., the jury found LAURIE guilty on all counts. A sentencing hearing is yet to be scheduled.
“The sexual exploitation of children via the Internet is a heinous crime. Thanks to the nationwide coordination and painstaking efforts of the FBI investigators, this defendant has been brought to justice,” said Assistant U.S. Attorney Kate Buzicky.
As proven at trial, LAURIE, an attorney in private practice, used a peer-to-peer file-sharing platform known as GigaTribe to share and receive child pornography. In the fall of 2014, undercover law enforcement agents conducted an investigation of a GigaTribe user named “Arlobingo,” who was sharing images and videos depicting the sexual abuse of children. During the course of their investigation, law enforcement agents were able to identify LAURIE as Arlobingo and determined that LAURIE had used a computer at his St. Louis Park law firm as well as a computer in his Maple Grove apartment to share child pornography on GigaTribe. Law enforcement agents executed a search warrant at LAURIE’S residence and recovered a computer containing evidence of child pornography as well as numerous chats between Arlobingo and other GigaTribe users regarding his sexual interest in children.
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.
This case is the result of an investigation conducted by the FBI.
Assistant U.S. Attorneys Katharine T. Buzicky and Bradley M. Endicott are prosecuting the case.
Defendant Information:
IAN SCOT LAURIE, 49
Maple Grove, Minn.
Convicted:
- Distribution of child pornography, 5 counts
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Romanian Men Convicted for Role in ATM Skimming CrewRead the Press Release
HOUSTON – Two Romanian men have pleaded guilty for traveling to Houston to place card skimmers on ATMs and stealing money from bank accounts, announced Acting U.S. Attorney Abe Martinez.
Crisian Viorel Ciobanu, 30, of Romania, was part of a group that traveled to Pennsylvania, Virginia and Texas to steal money from victims’ bank accounts. In each state, Ciobanu and his co-conspirators used card skimmers to steal ATM card numbers as customers inserted their cards into the machines. They also used hidden cameras to record customers as they entered their PINs.
Armed with this stolen data, they then made their own fake ATM cards. They then used those fake cards and stolen PINs to withdraw at least $390,495.84 from customer accounts. Bogdan Mirel Constantin, 40, of Romania, joined the group in Houston.
Ciobanu pleaded guilty to conspiracy to commit access device fraud and aggravated identity theft. He faces up to 7.5 years for the conspiracy as well as a mandatory two years for the identity theft which must be served consecutively to any other sentence imposed. Constantin pleaded guilty to theft aggravated identity theft and faces the same two mandatory years in federal prison. The charges also carry a possible $250,000 maximum fine. They have agreed to pay full restitution.
Ciobanu’s sentencing has been set for Jan. 8, 2018, before U.S. District Judge Ewing Werlein, while Constantin is set for Jan. 26, 2018. They will both remain in custody pending that hearing.
The FBI conducted the investigation. Assistant U.S. Attorney Michael Chu is prosecuting the case.
Powell, Wyoming Psychologist Pleads Guilty to Health Care FraudRead the Press Release
Gibson Buckley Condie, 57, of Powell, Wyoming, pled guilty in federal court on October 27, 2017, to health care fraud involving mental health services falsely billed to Wyoming Medicaid, announced Acting United States Attorney John R. Green. Condie, who is a licensed psychologist, had been indicted by a federal grand jury in May 2017 for an alleged scheme to defraud Medicaid. As part of a plea agreement with the United States, Condie has agreed to serve 3 years in prison, pay approximately $2.28 million in restitution to the Wyoming Department of Health and the United States Department of Health and Human Services, and forfeit certain assets traceable to the proceeds of his fraud.
United States District Court Judge Alan Johnson accepted Condie’s guilty plea. Sentencing is scheduled for January 8, 2018, in Cheyenne.
This case was investigated by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services’ Office of Inspector General, and the Wyoming Medicaid Fraud Control Unit. The case was prosecuted by Assistant U.S. Attorneys Eric Heimann and Nicole Romine of the U.S. Attorney’s Office for the District of Wyoming and Special Assistant United States Attorney Travis Kirchhefer of the Wyoming Medicaid Fraud Control Unit.
Suspected fraud against Medicaid or Medicare can be reported to the U.S. Department of Health and Human Services’ Office of Inspector General at 1-800-HHS-TIPS (1-800-447-8477) and the agency’s website https://oig.hhs.gov/fraud/report-fraud/. Wyoming residents can call the Wyoming Medicaid Fraud Control Unit toll free at 1-800-378-0345, or visit their website at http://ag.wyo.gov/medicaid-fraud-control-unit.
Parmelee Man Charged for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Odell Goodshield, Jr., age 58, was indicted on October 17, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 25, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
Goodshield was convicted of Aggravated Sexual Abuse of a Minor in June 1999. As a result of this conviction, he is required to register as a sex offender. It is alleged that between May 26, 2017, and June 13, 2017, as well as between, July 5, 2017, and September 20, 2017, Goodshield, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of conviction under federal law, failed to properly register as a sex offender.
The charge is merely an accusation and Goodshield is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the U.S. Marshals Service. Assistant U.S. Attorney Daniel C. Nelson is prosecuting the case.
Goodshield was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Okmulgee Man Sentenced to 97 Months for Possession of Material Involving Sexual Exploitation of MinorsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that THOMPSON CHRISTOPHER KYLE MANDRELL, age 30, of Okmulgee, Oklahoma, was sentenced to 97 months imprisonment and 10 years of supervised release for POSSESSION OF CERTAIN MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2).
The Indictment alleged that between on or about July 7, 2014, and on or about September 21, 2016, in the Eastern District of Oklahoma, the defendant, THOMPSON CHRISTOPHER KYLE MANDRELL, did knowingly possess, attempt to possess and access with intent to view matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.
The charge arose from an investigation by the Okmulgee Police Department and the Federal Bureau of Investigation. U.S. Attorney Brian J. Kuester stated, “The horrific acts committed against children by those that produce child pornography is made profitable by those that purchase, possess, and share it. I commend the FBI and the Okmulgee Police Department for their investigation which allowed this office to successfully prosecute Mr. Mandrell.”
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Edward Snow represented the United States.
Okmulgee Man Pleads Guilty to Possession of Firearm, AmmunitionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MICHAEL LEON JOHNSON, age 64, of Okmulgee, Oklahoma pled guilty to FELON IN POSSESSION OF FIREARM & AMMUNITION, in violation of Title 18, United States Code, Sections 922(g)(1), 924(a)(2), and 924(e)(1), which carries a potential punishment of not less than 15 years imprisonment, and up to a $250,000.00 fine or both.
The Indictment alleged that from on or about June 30, 2017, within the Eastern District of Oklahoma, the defendant, MICHAEL LEON JOHNSON, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Okmulgee Police Department, the Sallisaw Police Department, the Cherokee Marshals Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Chris Wilson represented the United States.
Nigerian Citizen Convicted of Defrauding US VictimsRead the Press Release
HOUSTON – A 34-year-old Nigerian man who was residing in Houston has pleaded guilty to conspiracy to commit mail fraud and aggravated identity theft, announced Acting U.S. Attorney Abe Martinez.
From on or about Jan. 1, 2015, through April 13, 2017, Azeez Abiodun Balogun was involved in a conspiracy that involved many schemes to defraud via the mail. In his primary scheme, Balogun used stolen personal identifying information (PII) of individuals without their permission to commit Stolen Identity Refund Fraud (SIRF). The stolen funds were then loaded onto prepaid debit cards and mailed to addresses Balogun or others controlled in the Houston areas.
Balogun also used the stolen PII to open bank accounts and apply for credit cards. The investigation unraveled approximately 10 different identities and passports Balogun used to open bank accounts and receive fraudulent funds. He opened approximately 30 credit card accounts at Bank of America, Chase Bank and others by using the stolen PII.
U.S. District Judge Ewing Werlein Jr. accepted the guilty plea and has set sentencing for Jan. 19, 2018. At that time, Balogun faces up to 20 years in federal prison for the conspiracy as well as an additional two years for the identity theft which must be served consecutively to any other sentence imposed. He could also be assessed fines of up to $250,000. He will remain in custody pending that hearing.
The U.S. Postal Inspection Service conducted the investigation along with Department of State – Diplomatic Security Service. Assistant U.S. Attorney Suzanne Elmilady is prosecuting the case.
Niagara Falls Man Convicted of Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jerry Brown, 62, of Buffalo, NY, pleaded guilty to possession of a firearm in furtherance of drug trafficking and possession of a firearm with a defaced serial number before U.S. District Judge Richard J. Arcara. The charges carry a mandatory minimum penalty of five years in prison, a maximum of life, and a $250,000 fine.Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on January 12, 2012, law enforcement officers observed the defendant and co-defendant, Guy Lightfoot, conduct a suspicious transaction outside of 1953 Falls Street in Niagara Falls, NY. Brown, who was in his vehicle when officers approached, attempted to flee which led to a car chase. When officers located the defendant’s vehicle, it was vacant. A search of the vehicle uncovered four rounds of 9mm ammunition and a quantity of cocaine and heroin. Officers then searched the surrounding area and located a 9mm, semi-automatic handgun bearing a defaced serial number, on a roof top in close proximity to the vehicle. The defendant was located and arrested. The serial number on the firearm was restored using magnetic particle and chemical techniques. Investigation determined it was stolen from a private residence in Niagara Falls.
Guy Lightfoot was convicted of being a felon in possession of firearms and ammunition and sentenced to 24 months in prison.
The plea is the result of an investigation by the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge Kevin Kelly.
Sentencing is scheduled for February 12, 2018, before Judge Arcara.
Newtown Man Charged with Armed Bank RobberyRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on October 11, 2017, a federal grand jury in New Haven returned an indictment charging JOHN J. McCARTHY, 63, of Newtown, with one count of armed bank robbery.
McCARTHY appeared today before U.S. Magistrate Judge Sarah A. L. Merriam in New Haven and entered a plea of not guilty to the charge.
As alleged in the indictment, on August 24, 2017, McCARTHY, armed with a large knife, robbed a branch of Bank of America located on Queen Street in Newtown.
McCARTHY has been detained since his arrest by Newtown Police on August 24.
On January 28, 1994, McCARTHY was sentenced in U.S. District Court in Waterbury to 235 months of imprisonment and five years of supervised release for possession of a firearm by a previously convicted felon. He was released from federal prison in March 2017 and is currently on supervised release.
If convicted of the charge, McCARTHY faces a maximum term of imprisonment of 25 years. He also faces an additional term of imprisonment if he is found to have violated the conditions of his supervised release.
U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation and Newtown Police Department. The case is being prosecuted by Assistant U.S. Attorney John H. Durham.
New Port Richey Residents Plead Guilty to Extortion and Money Laundering ConspiracyRead the Press Release
Tampa, FL – Acting United States Attorney W. Stephen Muldrow announces that David Owen (39) and Andrew Corrigan (24), both of New Port Richey, have pleaded guilty to conspiring to commit money laundering and extortion. Owen also pleaded guilty to a separate telemarketing mail fraud and money laundering scheme, that involved sweepstakes fraud targeting elderly victims. He faces a maximum penalty of 20 years in federal prison for each of the 12 counts of conspiracy, extortion, and mail fraud. He also faces up to 10 years’ imprisonment on each of the 4 money laundering counts. Corrigan faces a maximum penalty of 20 years in federal prison for each of the money laundering and conspiracy counts.
At sentencing, the United States will seek a money judgment of at least $870,652.66, the proceeds of the money laundering and extortion conspiracies, and $315,000 in connection with the sweepstakes fraud. Owen has agreed to the administrative forfeiture of approximately $94,000, which was seized from him and were proceeds of the frauds.
According to court documents, Owen and Corrigan recruited individuals to open bank accounts (straw account owners) for the purpose of depositing money extorted from victims of tax impersonation calls, and to conceal their involvement in the fraud. The money was deposited by victims who were contacted by callers who falsely represented themselves as officials with the IRS, Canadian tax authorities, or as local law enforcement officers. The callers demanded payment for federal income taxes or other financial obligations and stated that if the victims failed to pay, they or their family members would face arrest, prosecution, or other legal consequences.
With online access provided by the straw account owners, Owen and Corrigan monitored the straw bank accounts in order to verify victims’ deposits and ensure timely withdrawals by the straw account owners. In order to make the withdrawals at the bank, Owen and Corrigan provided the straw account owners with the victims’ names, locations, and amounts of the deposits. They then directed the straw account owners to withdraw the funds in cash, and turn it over to them, often less a payment for their role in the scheme.
To facilitate the telemarketing fraud scheme, Owen recruited an individual to “operate” a business and open bank accounts in that business’s name for the purpose of depositing the proceeds of a sweepstakes fraud. Owen’s conspirators called elderly victims and falsely represented that they were with the Publisher’s Clearinghouse lottery, informing the victim that they had won the lottery for millions of dollars. The callers then induced the victims to provide financial information and to send large cashier’s checks to the Florida company, falsely claiming that advance taxes had to be paid in order to collect the full amount of the alleged lottery winnings. Owen, and others, then laundered the proceeds of this fraud scheme.
This case was investigated by the Internal Revenue Service – Criminal Investigation, the Treasury Inspector General for Tax Administration, the Federal Bureau of Investigation, the United States Postal Inspection Service, the Pinellas County Sheriff’s Office, the Pasco County Sheriff’s Office, the Largo Police Department, the Gulfport Police Department, the Royal Canadian Mounted Police, and the Toronto Police Department. It is being prosecuted by Assistant United States Attorneys Kelley Howard-Allen and Rachel Jones.
Nebraska Man Indicted on Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Columbus, Nebraska, man has been indicted by a federal grand jury for Felon in Possession of a Firearm and Possession of An Unregistered Firearm.
Tyson Quigley, a/k/a Tyson Stands, age 28, was indicted on October 17, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 26, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about August 31, 2017, Quigley, having previously been convicted of a felony, did knowingly possess a firearm. The Indictment further alleges that on or about August 31, 2017, Quigley knowingly possessed a sawed-off shotgun with a barrel of less than 18 inches in length, which was not registered to him in the National Firearms Registration and Transfer Record.
The charges are merely accusations and Quigley is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Quigley was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Morgan City man pleads guilty to possessing child pornographyRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Morgan City man pleaded guilty Thursday to using the internet to download and possess child pornography.
Joshua Landry, 40, of Morgan City, La., pleaded guilty before U.S. Magistrate Judge Carol Whitehurst to one count of receiving child pornography. The plea will become final when accepted by U.S. District Judge Dee D. Drell. According to the guilty plea, law enforcement agents identified Landry as downloading child pornography to an electronic device in his home. Agents searched the home on February 8, 2017. The defendant’s cell phone was searched and three child pornography videos were found. He also admitted during an interview with agents that he downloaded child pornography.
Landry faces up to 10 years in prison, five years to life of supervised release, mandatory registration as a sex offender and up to a $250,000 fine. The court set sentencing for February 16, 2018.
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.
Those concerned may leave tips with the FBI at tips.fbi.gov. Tips may be submitted anonymously. The Lafayette FBI office number is (337) 262-2164.
The FBI conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth prosecuted the case.
Mississippi Man Sentenced on Gun and Drug ChargesRead the Press Release
United States Attorney Richard Moore of the Southern District of Alabama announced that Zachery Joseph Cooley, 35, of Quitman, Mississippi, was sentenced today in federal court on charges involving his participation in a conspiracy to distribute methamphetamine ice, four counts of possession with intent to distribute methamphetamine, one count charging his illegal possession of firearms in furtherance of that scheme, and two counts of illegally possessing firearms after having been convicted of domestic violence. Cooley was convicted by a jury on June 29, 2017, after a trial conducted by United States District Court Judge Callie V. S. Granade. Evidence from the trial showed that Cooley was responsible for the distribution of at least 3 kilograms of methamphetamine ice during the time the conspiracy was active. He sold methamphetamine ice to confidential informants working for authorities, and was arrested in possession of that drug on the specific instances charged in the indictment. On two of those occasions, he was found in possession of a firearm. Cooley has three prior convictions for a crime of domestic violence, which renders his possession of a firearm illegal under federal law. During the trial, the evidence showed that Cooley also possessed at least one gun in furtherance of the drug distribution conspiracy.
This afternoon, Judge Granade sentenced Cooley to 295 months’ imprisonment, which consisted of 120 months on the two charges of illegal possession of a firearm, and 235 months on the drug counts. She ordered that all those sentences would run concurrently. For the count charging that the possession of the gun furthered the drug conspiracy, Cooley was sentenced to 60 months consecutive to the other sentences for a total of 295 months. The judge gave Cooley credit for 12 months he spent in state custody in Mississippi on related drug charges there. Cooley will serve 5 years of supervised release when he is released from custody, and the judge also ordered that he pay $800 in special mandatory assessments. No fine was imposed. Cooley will undergo treatment for drug abuse while in prison and as a condition of his supervised release.
The case was investigated by the Department of Homeland Security Investigations, the Mobile County Sheriff’s Office, the Mobile Police Department, and the Mobile County Street Narcotics Enforcement Team It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Alabama at http://www.justice.gov/usao/als/Misdemeanor Immigration Prosecutions – September and October 2017Read the Press Release
ALBANY, NEW YORK – The following is a summary of misdemeanor immigration prosecutions from September and October 2017:
Citizen of Spain Sentenced For Illegal Entry into United States
Wilson Gavilanez-Pacha, age 39, and a citizen of Spain, was sentenced on September 1 to time served (6 days in jail) for illegally entering the United States. Gavilanez-Pacha admitted that on August 27, he entered the United States at Hogansburg, New York, by boat across the St. Lawrence River, before being stopped and arrested by Border Patrol.
Citizen of France Sentenced For Illegal Entry into United States
Hamza Mounaime, age 24, and a citizen of France, was sentenced on September 26 to time served (12 days in jail) for illegally entering the United States. Mounaime admitted that he walked across the border just east of Fort Covington, New York, then took a taxi to Massena, where he boarded a bus. A Border Patrol Agent inspecting the bus passengers encountered Mounaime, determined that he was illegally present in the United States, and arrested him.
Three Citizens of Mexico Sentenced For Illegal Entry into United States
Samuel Alcaraz-Diaz, age 22, Jesus Enrique Vela-Hernandez, age 37, and Guadalupe Diaz-Arevalo, age 43, all citizens of Mexico, were each sentenced on October 3 to 20 days in jail, for illegally entering the United States. Alcaraz-Diaz, Vela-Hernandez and Guadalupe Diaz-Arevalo each admitted that together they walked across the border near Champlain, New York, on September 16. They spent the night of September 16-17 in the woods. They were arrested together as passengers in a car that was stopped at the Border Patrol checkpoint at North Hudson, New York, on September 17.
Citizen of Mexico Sentenced For Illegal Entry into United States
Judith Hernandez-Daniel, age 39, and a citizen of Mexico, was sentenced on October 3 to 20 days in jail, for illegally entering the United States. Hernandez-Daniel admitted that she walked across the border without inspection east of Chateaugay, New York, on September 17. She was arrested by Border Patrol Agents as she attempted to depart the border area as a passenger in a pickup truck.
Citizen of Mexico Sentenced For Illegal Entry into United States
Jose Antonio Severiano-Barrientos, age 49, and a citizen of Mexico, was sentenced on October 5 to 25 days in jail, for illegally entering the United States. Severiano-Barrientos admitted that he walked across the border just east of the Champlain Port of Entry on September 16. He spent the night of September 16-17 hiding from Border Patrol in the woods. He was arrested on September 17 while a passenger in a taxi at the Border Patrol checkpoint at North Hudson, New York.
Dual Citizen of Ecuador and Spain Sentenced For Illegal Entry into United States
Wendy Hortencia Flecher-Alvarez, age 40, and a dual citizen of Ecuador and Spain, was sentenced on October 5 to 25 days in jail, for illegally entering the United States. Flecher-Alvarez admitted that on September 19, she walked across the border at a former Port of Entry, and continued south to Plattsburgh, New York, where she was found and arrested by Border Patrol Agents.
Milwaukee Felon Convicted of Possessing a FirearmRead the Press Release
Gregory J. Haanstad, the United States Attorney for the Eastern District of Wisconsin, announced that on October 23, 2017, Dontaurus Ricks (age: 42), of Milwaukee, was found guilty by a jury of his peers of possessing a firearm despite previously being convicted of a felony.
On November 20, 2016, Ricks, 42, was found in possession of a .40 caliber Springfield XD-40 semiautomatic handgun with an extended magazine. The firearm was loaded at the time with twenty cartridges, and a round in the chamber. Upon being approached by police, Ricks fled (ditching marijuana, ecstasy, Xanax, and crack cocaine) but was soon apprehended. Ricks has been convicted of nine prior felonies stemming from five cases spanning over two decades.
Ricks faces a maximum term of imprisonment of ten years, a maximum term of supervised release of three years, and a maximum fine of $250,000.
The case was investigated by the Milwaukee Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Megan Paulson and Benjamin Taibleson.
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For additional information contact:
Public Information Officer Dean Puschnig 414-297-1700
Mexican Citizen Sentenced for Illegal Transportation of AlienRead the Press Release
ALBANY, NEW YORK – Wilder Arreola-Medel, age 45, and a citizen of Mexico, was sentenced today to time served (40 days in jail) for transporting a Mexican citizen who had illegally entered the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
Arreola-Medel pled guilty on October 13, 2017. He admitted that on September 17, 2017, along the international border near Chateaugay, New York, he picked up a Mexican citizen who had just crossed the border illegally from Canada. Arreola-Medel was driving the Mexican citizen away from the border area when he was stopped and arrested by Border Patrol Agents. Arreola-Medel admitted that he intended to transport the Mexican citizen to Milwaukee, Wisconsin. At the time of his crime, Arreola-Medel was also in the United States without authorization.
Following the sentencing, Arreola-Medel was remanded to the custody of the Department of Homeland Security, for removal proceedings.
The smuggled Mexican citizen, Judith Hernandez-Daniel, age 39, was convicted of illegal entry, a misdemeanor, and sentenced on October 3, 2017 to 20 days in prison.
This case was investigated by the United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Businessman Jose Susumo Azano Matsura Sentenced for Trying to Buy Himself a MayorRead the Press Release
Assistant U.S. Attorneys Mark W. Pletcher (619) 546-9714, Phillip L.B. Halpern (619) 546-6964, Helen Hong (619) 546-6990, Billy Joe McLain (619) 546-6762
NEWS RELEASE SUMMARY – October 27, 2017
SAN DIEGO – Mexican businessman Jose Susumo Azano Matsura was sentenced in federal court today to three years in prison for making almost $600,000 in illegal political contributions to candidates Bonnie Dumanis and Bob Filner in the 2012 San Diego mayoral campaign in an effort to buy influence. U.S. District Judge Michael M. Anello also ordered Azano to pay a $560,955 fine.
In September 2016, after six weeks of trial and five days of deliberations, a federal jury in San Diego returned guilty verdicts against Azano, political consultant Ravneet Singh and Azano’s son, Edward Susumo Azano Hester. Each was convicted of felony counts associated with the illegal campaign contributions.
According to evidence presented at trial, Azano, Singh and others conspired to inject hundreds of thousands of dollars in cash and in-kind consulting services to the Dumanis and Filner campaigns, despite the fact that Azano’s foreign national status made such contributions illegal. To conceal his connection to these contributions, Azano arranged with his son Edward Hester and others to funnel this illegal foreign money through third person and corporate “straw donor” contributions.
“Today’s sentence serves as stark condemnation of Azano’s willful efforts to undermine the fundamental principles of American democracy,” said Executive U.S. Attorney Blair C. Perez. “The judge sent a message today: The integrity of our election system matters, and attempts to illegally manipulate it will be punished.”
FBI Special Agent in Charge Eric S. Birnbaum stated, “Jose Susumo Azano Matsura attempted to manipulate our electoral system and undercut our representative democracy. Our democracy is contingent upon a righteous electoral process and this case is evidence of the FBI’s steadfast commitment to upholding the strength and confidence in our system of government for the citizens of San Diego.”
“Motivated by greed and ego, Azano laundered nearly $600,000 in illegal foreign national campaign contributions into the 2012 election for San Diego’s mayor,” stated IRS Criminal Investigation’s Special Agent in Charge R. Damon Rowe. “Fair and legal elections are a fundamental institution of America. IRS Criminal Investigation is proud to assist our law enforcement partners in lifting the veil of secrecy and leveling the playing field for all candidates.”
Azano was convicted of all 36 campaign finance fraud-related counts he faced; he was also convicted in a subsequent trial of illegally possessing a semi-automatic 9 mm Sig Sauer handgun with a laser scope. Judge Anello ordered that Azano be immediately taken into custody.
According to the government’s sentencing memo, Azano was the unquestioned leader of the scheme who choreographed every move and used coercion to force business associates - who depended on him financially - to make campaign contributions to Azano’s favored candidates. Azano then reimbursed the straw donors, thus obscuring the nature and source of the political contributions
In return for his money, Azano sought to buy political influence and support for his vision: “Miami West” – a San Diego waterfront development project with a yacht marina, a branded five-star hotel and luxury bayside condominiums, a development project that promised Azano hundreds of millions in profit. Azano also demanded access, like the ability to summon influential political figures to his home on a moment’s notice or to obtain letters of reference to secure his son’s admission to the University of San Diego.
According to testimony at trial, Azano’s illegal money made the difference in electing Bob Filner as mayor. Within weeks after the election, with the mayor squarely in his pocket, Azano met in London with renowned, Middle East-based master developers to refine his plans for “Miami West.” A month after the election, Azano invited the developers to fly halfway around the globe to meet with him and Mayor Filner about the Miami West project, and just four days after Filner’s inauguration, that meeting occurred, catered by Nobu, at Azano’s Coronado Cays mansion.
Filner resigned six months later amid allegations of sexual misconduct.
Also convicted in the same trial were political consultant Ravneet Singh, and Azano’s son, Edward Hester based on their conduct associated with the illegal campaign contributions. Singh was sentenced to 15 months in prison. Hester was sentenced to a 12-month term of probation.
Assistant U.S. Attorneys Mark W. Pletcher, Phillip L.B. Halpern, Helen Hong and Billy Joe McLain of the U.S. Attorney’s Office for the Southern District of California prosecuted the case.
DEFENDANT Case Number: 14cr0388-MMA
Jose Susumo Azano Matsura Age: 52 Guadalajara, Mexico
SUMMARY OF CONVICTIONS
Count 1: Conspiracy to Commit Offenses Against the United States – Title 18, U.S.C., Sec. 371.
Maximum Penalties: Up to five years in prison and $250,000 fine
Count 3: Donation and Contribution by a Foreign National Aggregating $25,000 or more – Title 2, U.S.C., Secs. 437g (d) (1) (A) (i) and 441e (A) (1).
Maximum Penalties: Up to five years in prison and $250,000 fine
Count 4: Contribution in the Name of Another Aggregating $25,000 or more – Title 2, U.S.C., Secs. 437g(d) (1) (A) (i) and 441f.
Maximum Penalties: Up to five years in prison and $250,000 fine
Counts 5-37: Falsification of Records – Title 18, U.S.C., Sec. 1519.
Maximum Penalties: Up to 20 years in prison per count and $250,000 fine per count.
AGENCIES
Federal Bureau of Investigation
Internal Revenue Service, Criminal Investigation
San Diego Police Department
Member of Foreign Military Sentenced to 10 Months in Prison for U.S. Passport FraudRead the Press Release
PHOENIX – This week, Jared Mark Caros, 32, of Elizabethtown, Ky., was sentenced by U.S. Senior District Judge Neil V. Wake to ten months in prison with one year of supervised release to follow. Caros was previously found guilty after a jury trial in June. Then in September, Caros admitted his guilt in open court. In 2010, Caros made false statements in an application for a U.S. Passport. In that application, he falsely claimed the identity of a man from Payson, Ariz. The U.S. Department of State discovered Caros’s fraud in 2016 when the Payson man applied for a U.S. Passport. Caros, a U.S. citizen, was arrested by Diplomatic Security agents upon his return to the U.S. from service in a foreign military.
The investigation in this case was conducted by the U.S. Department of State, Bureau of Diplomatic Security. The prosecution was handled by Brandon Brown and Jonathan R. Hornok, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-16-984-PHX-NVW
RELEASE NUMBER: 2017-107_Caros
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Manteca Man Sentenced to over Six Years in Prison for Possession of Mdma with Intent to DistributeRead the Press Release
SACRAMENTO, Calif. — Jason Matecki, 46, of Manteca, was sentenced today by U.S. District Judge Garland E. Burrell, Jr. to six years and three months in prison for possession with the intent to distribute MDMA, U.S. Attorney Phillip A. Talbert announced.
MDMA, more commonly known as “Ecstasy,” is a Schedule 1 Controlled Substance. According to the plea agreement, in March and April 2015, law enforcement seized two packages of MDMA destined for Matecki’s residence in Manteca, as well as one package of MDMA sent to Matecki’s condominium in Las Vegas. On April 21, 2015, federal agents searched both of Mateki’s residences. At his residence in Manteca, agents found a variety of drugs, including 1.7 kilograms of cocaine, 608 grams of MDMA and lesser amounts of marijuana, bath salts, steroids, methamphetamine, adrenaline, and prescription pills. A search of the Las Vegas residence resulted in the seizure of additional quantities of drugs, including MDMA. Matecki admitted to importing the MDMA from overseas and using the “dark web” to sell MDMA and cocaine. Mateki’s sentence was based, in part, on his possession of both MDMA and cocaine.
This case was the product of an investigation by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), the Southern Nevada Heroin Task Force (SNHTF), and Manteca Police Department. Assistant U.S. Attorney Kevin Khasigian prosecuted the case.
On March 31, 2017, Matecki’s co-defendant Catalin Kifan, 26, was sentenced to over eight years in prison after pleading guilty to possessing MDMA with intent to distribute.
This was an Organized Crime Drug Enforcement Task Force (OCDETF) case. The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Man Who Impersonated FBI Agents to Steal from Area Businesses Charged with Federal CrimesRead the Press Release
A Lake Stevens, Washington man who used fake credentials in the names of fictional characters or famous fraudsters to commit crimes was charged with seven federal felonies today, announced U.S. Attorney Annette L. Hayes. STEVEN W. FISHER, 43, was transferred from the King County Jail to federal custody and will appear today at 2:00 p.m. in U. S. District Court in Seattle, charged with one count of robbery, five counts of impersonation of a federal officer, and one count of attempted robbery. Law enforcement is still investigating this string of crimes and is asking anyone who may have been victimized to contact Seattle Police at 206 684-5540.
According to the criminal complaint, on January 25, 2017, FISHER gained access to the secure area of a small money transmitting business in Seattle’s Central District by claiming he was an FBI agent investigating a suspicious transaction. FISHER flashed a badge, and handed the owner a ‘search warrant’ signed by ‘Frank Abagnale’ -- a famous serial fraudster portrayed in the movie “Catch me if you can.” The warrant was purchased off of the website Legalfakes.com. FISHER then pulled a gun on the owner and demanded he open the safe. FISHER left with a large amount of cash and took the computer equipment which contained any surveillance photographs from the security system.
FISHER was identified as the suspect following a series of incidents in July and August, 2017 at a different money transmitting business in the Rainer Valley. In that incident, FISHER used the name “Jack Ryan,” a character in Tom Clancy novels. FISHER asked the manager of the money transmitting business to meet him at a nearby parking lot to discuss information that someone was planning on robbing his business. FISHER tried to get the manager to describe the surveillance cameras at the business and suggested he remove cash from the business. The manager instead called 9-1-1 and reported the suspicious conduct to police. One month later, when FISHER showed up at the money transmitting business, again claiming to be an FBI Agent, the manager hit the panic alarm and Seattle Police officers arrived to question FISHER. FISHER was taken into custody and court authorized searches of his car, storage locker, and briefcase turned up fake federal credentials, a realistic appearing airsoft pistol with silencer, and paperwork tying him to the earlier robbery.
Other possible crimes tied to this suspect remain under investigation, including the burglary of a SeaTac small business which offers money transmitting services. In June 2017, a man later identified as FISHER visited the business and identified himself as an FBI agent. The ‘agent’ claimed he was looking for surveillance footage because of a crime in the area. Because the store owner was suspicious about whether FISHER was actually an FBI agent, he simply said the surveillance cameras were not working. In the early morning hours following that encounter the store was burglarized and cash, checks and phones were stolen.
Law enforcement is seeking to identify any other business that may have been targeted by FISHER posing as an FBI agent. Anyone with suspicious encounters is asked to contact 206 684-5540.
The charges contained in the criminal complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI and the Seattle Police Department.
The case is being prosecuted by Assistant United States Attorney Rebecca Cohen.
MS-13 Member Pleads Guilty to RICO Conspiracy Involving Attempted Murder and Conspiracy to MurderRead the Press Release
BOSTON – An MS-13 member pleaded guilty today in federal court in Boston in connection with a 2014 shooting in Chelsea and a 2015 conspiracy to kill a suspected cooperating witness.
David Lopez, a/k/a “Cilindro,” a/k/a “Villano,” 22, a Salvadoran national, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Jan. 30, 2018.
Lopez was a member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique, which operated in Chelsea and other parts of Massachusetts. On May 29, 2014, Lopez and co-defendant Daniel Menjivar, a/k/a “Roca,” approached a victim near the Washington Avenue bus stop in Chelsea. Menjivar repeatedly stabbed the victim, and as he was struggling for his life, Lopez approached and shot at the victim. The victim suffered significant life threatening injuries, but survived following emergency surgery. Menjivar pleaded guilty in September 2017.
The investigation revealed that in March 2015, members of the ECS clique decided to kill a fellow MS-13 member who they incorrectly believed was cooperating with law enforcement at the time. Law enforcement intervened and convinced the individual to become a cooperating witness. A subsequent investigation uncovered evidence that the ECS clique sent someone to New Jersey to pick up Lopez, who had fled Massachusetts after the May 2014 attack, so that he could come back to Massachusetts to help kill the suspected cooperating witness.
Lopez is the 23rd defendant to plead guilty in this case.
Lopez faces no greater than 20 years in prison and three years of supervised release. Lopez will be subject to deportation upon the completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief Joseph Cafarelli; Somerville Police Chief David Fallon; and Herndon (VA) Police Chief Maggie A. DeBoard made the announcement.
The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Local Woman Sentenced for Harboring a FugitiveRead the Press Release
United States Attorney Richard Moore of the Southern District of Alabama announced that Sarah Elaine Braden, 34, of Saraland, was sentenced this week in federal court on one count of harboring a fugitive. Testimony from the sentencing hearing on Tuesday established that Braden harbored the father of her child when United States marshals were seeking to arrest him on methamphetamine charges. Braden pled guilty to the charge in July of 2017.
United States District Court Judge William H. Steele sentenced Braden to 37 months’ imprisonment, to be followed by a three-year term of supervised release. Braden will undergo treatment for drug abuse while in prison and as a condition of her supervised release. No fine was imposed, but the judge ordered that Braden pay the $100 special mandatory assessment.
The case was investigated by the Department of Homeland Security Investigations, the Mobile County Sheriff’s Office, the United States Marshals Service Fugitive Task Force, and the Saraland Police Department. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Alabama at http://www.justice.gov/usao/als/Leader of Drug Gang That Operated in the Lackawanna Housing Project Pleads GuiltyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Graham, 32 of Lackawanna, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, 280 grams or more of crack cocaine, before Senior U.S. District Judge William M. Skretny. The charge carries a mandatory minimum penalty of 10 years in prison, a maximum of life, and a $10,000,000 fine.Assistant U.S. Attorney Michael P. Felicetta, who is handling the case, stated that between early 2014, and December 5, 2014, Graham conspired with several co-defendants to purchase and sell various amounts of crack cocaine from and to one another and to further distribute the crack cocaine on to various customers of theirs. Many of the transactions among the defendant, several co-defendants, and their customers occurred at or within 1,000 feet of the Gates Housing Projects in Lackawanna, NY owned by the Lackawanna Municipal Housing Authority. Graham maintained a premises to distribute crack cocaine in the housing projects.
In addition, on November 28, 2014, the defendant obtained 149 grams of crack cocaine, which was discovered later that day by Buffalo Police during a traffic stop of a vehicle in which Graham was a passenger. The cocaine base was discovered in the glove compartment directly in front of where the defendant had been sitting.
A total of 18 defendants were charged in this case, 11 have been convicted.
The plea is the culmination of an investigation by the Lackawanna Police Department, under the direction of Chief James Michel, the Federal Bureau of Investigation’s Safe Street’s Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Sentencing is scheduled for January 31, 2018, at 11:00 a.m. before Judge Skretny.
Last Defendant Sentenced in Health Care Fraud SchemeRead the Press Release
DALLAS — Cynthia Stiger, 52, of Dallas, Texas, who was convicted in April 2016 of one count of conspiracy to commit health care fraud, was sentenced yesterday by U.S. District Judge Sam A. Lindsay to 120 months in federal prison and ordered to pay $23,630,777.26 in restitution, joint and several with all codefendants to Medicare and Medicaid, announced U.S. Attorney John Parker of the Northern District of Texas.
Judge Lindsay ordered Stiger to report to the Bureau of Prisons on November 28, 2017.
“This office will continue to use the most sophisticated techniques available to aggressively prosecute those who, through their fraud, drive up the costs of health care to consumers and tax payers alike,” said U.S. Attorney Parker. “I applaud the tremendous cooperation among the investigative agencies that brought us to this point.”
The following defendants have also been sentenced for their role in the health care fraud scheme:
Jacques Roy, 420 months and $268,147,699.15 in restitution
Wilbert James Veasey, Jr., 120 months and $23 million in restitution
Cyprian Akamnonu, 120 months and $25 million in restitution
Patricia Akamnonu, 120 months and $25 million in restitution
Charity Eleda, 48 months and $397,294.51 in restitution
Teri Sivils, 3 years probation and $885,714.05 in restitution
The government presented evidence at trial that Dr. Roy, Stiger, Veasey and Eleda engaged in a large-scale, sophisticated health care fraud scheme in which they conspired together and with others to defraud Medicare and Medicaid through companies they owned/controlled: Medistat Group Associates, P.A., Apple of Your Eye Health Care Services, Inc., Ultimate Care Home Health Services and Charry Home Care Services.
As part of the conspiracy, Stiger, Veasey and Eleda, along with others, improperly recruited individuals with Medicare coverage to sign up for Medicare home health care services. Eleda recruited patients from The Bridge homeless shelter in Dallas, sometimes paying recruiters $50 per beneficiary they found and directed to her vehicle parked outside the shelter’s gates. Eleda and other nurses would falsify medical documents to make it appear as though those beneficiaries qualified for home health care services that were not medically necessary. Eleda and the nurses prepared Plans of Care (POC), also known as 485’s, which were not medically necessary, and these POCs were delivered to Dr. Roy’s office and not properly reviewed by any physician.
Dr. Roy instructed his staff to certify these POCs, which indicated to Medicare and Medicaid that a doctor, typically Dr. Roy, had reviewed the treatment plan and deemed it medically necessary. That certifying doctor, typically Dr. Roy, certified that the patient required home health services, which were only permitted to be provided to those individuals who were homebound and required, among other things, skilled nursing. This process was repeated for thousands of POCs, and, in fact, Medistat’s office included a “485 Department,” essentially a “boiler room” to affix fraudulent signatures and certifications.
Once an individual was certified for home health care services, Eleda, nurses who worked for Stiger and Veasey, and other nurses falsified visit notes to make it appear as though skilled nursing services were being provided and continued to be necessary. Dr. Roy would also visit the patients, perform unnecessary home visits, and then order unnecessary medical services for the recruited beneficiaries. Then, at Dr. Roy’s instruction, Medistat employees would submit fraudulent claims to Medicare for the certification and recertification of unnecessary home health care services and other unnecessary medical services.
The government presented further evidence at trial that the scope of Dr. Roy’s fraud was massive; Medistat processed and approved POCs for 11,000 unique Medicare beneficiaries from more than 500 different home health agencies. Dr. Roy entered into formal and informal fraudulent arrangements with Apple, Charry, Ultimate and other home health agencies to ensure his fraudulent business model worked and that he maintained a steady stream of Medicare beneficiaries.
The case was investigated by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services (HHS) Office of Inspector General (OIG), and the Texas Attorney General’s Medicaid Fraud Control Unit (MFCU) and was brought as part of the Medicare Fraud Strike Force supervised by the Criminal Division Fraud Section and the U.S. Attorney’s Office for the Northern District of Texas.
Assistant U.S. Attorneys P.J. Meitl and Nicole Dana and First Assistant U.S. Attorney Chad Meacham prosecuted the case.
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Laguna Pueblo Man Pleads Guilty to Federal Assault by Strangulation ChargeRead the Press Release
ALBUQUERQUE – Howard Francis, 53, an enrolled member and resident of Laguna Pueblo, N.M., pleaded guilty yesterday in federal court in Albuquerque, N.M., to an assault by strangulation charge. Under the terms of his plea agreement, Francis will be sentenced within the range of 27 to 30 months in prison followed by a term of supervised release to be determined by the court.
Francis was arrested on Oct. 18, 2016, on a criminal complaint charging him with assault of an intimate partner by strangulation. According to the complaint, Francis assaulted the victim, a Navajo woman, on Oct. 11, 2016, in the Laguna Pueblo within Cibola County, N.M., by grabbing the victim’s hair, and hitting her in the face with a closed fist. It also alleged that Francis used his forearm to pin the victim by the neck to the bed, making it difficult for the victim to breathe, and placed a pillow over the victim’s face while attempting to suffocate her.
Francis was indicted on Nov. 1, 2016, and was charged with assault of an intimate partner by strangulation or suffocating and attempting to assault an intimate partner by suffocating.
During yesterday’s proceedings, Francis pled guilty to Count 1 of the indictment, which charged him with assaulting an intimate partner by strangulation. In entering the guilty plea, Francis admitted that on Oct. 11, 2016, he grabbed the victim by the hair and hit her in the face while demanding the victim’s cellular phone. Francis further admitted that as the victim attempted to leave the room, he grabbed her by the hair, dragged her back to the bed, and placed his forearms across her neck and applying pressure to her throat. As the result of the assault, the victim sustained injuries to her face, throat and body, including bruising and red petechiae. A sentencing hearing has yet to be scheduled.
This case was investigated by the Laguna/Acoma Agency of the BIA Office of Justice Services and the Pueblo of Laguna Tribal Police Department. Assistant U.S. Attorney Raquel Ruiz-Velez is prosecuting the case pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Kuna Woman Pleads Guilty to Making False StatementsRead the Press Release
BOISE – Amanda Huckins, 32, of Kuna, Idaho, pleaded guilty yesterday to making false statements, U.S. Attorney Bart M. Davis announced. Huckins was indicted by a federal grand jury in Boise in March 2017.
According to court records, Huckins made misrepresentations to the Idaho Department of Health and Welfare (IDHW). As a result of her misrepresentations from October 2010 through July 2015, she was overpaid $24,570.61 in Idaho Child Care Program (ICCP) benefits and a separate amount in Supplemental Nutrition Assistance Program (SNAP) benefits.
In 2013, the IDHW registered a daycare that was purportedly owned and operated by Huckins’ husband. On February 5, 2015, Huckins willfully and deliberately represented herself as her spouse on an application to allow the daycare to receive benefits funded by the United States Department of Agriculture. As a result of her signature on agreements, benefits were paid to the daycare.
The charge of making false statement is punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
Sentencing is set for January 30, 2018, in front of Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated by the United States Department of Agriculture, Office of Inspector General and the Idaho Department of Health and Welfare.
SNAP is a United States Department of Agriculture food assistance program that is administered by the IDHW. ICCP is funded by the United States Department of Health and Human Services to provide child care assistance and it is also administered by the IDHW.
Jury Convicts Former Richmond Resident on Federal Stalking ChargeRead the Press Release
HOUSTON – In a first for this district, a 44-year-old former Richmond man has been found guilty for systematically torturing a former girlfriend by sending horrific images and threatening email messages, announced Acting U.S. Attorney Abe Martinez. The jury returned its verdict just a short time ago against Heriberto Latigo following five days of trial and less than two hours of deliberations.
This is the first case tried in the Southern District of Texas in which a defendant used the Internet to cause substantial emotional distress. In the last 10 years, less than 100 defendants have been convicted using this federal stalking statute.
Latigo began a romantic relationship with the victim in 2013. As it progressed, Latigo’s conduct became controlling and demanding to include forcing her to send him naked images of her. The relationship eventually devolved into physical altercations to include an alleged rape. The victim testified that she was and is afraid of Latigo.
In June 2014, she discovered she was pregnant. She testified that Latigo was so controlling and crazy during this time that she decided to end the pregnancy. Latigo found out and created a Facebook page titled “Magdelana Aborted” where he pretended to be the aborted fetus, sent the link to her and said “Your abortion video will now be posted you whore.” She was so upset that she overdosed on tranquilizers in an attempt to take her own life.
From March 2014 to April 2015, Latigo used threats and blackmail tactics to force the victim to do things against her will. Latigo had used the naked images she had previously sent during their relationship to compel her to do a variety of things, including complying with his sexual demands. If she refused, he would post the images online until she acquiesced. On many occasions, she had to contact Google to have naked pictures of her removed. Latigo also sent the images to her sister, her sister’s boss and male co-workers in an effort to control and harass her.
Latigo used his own email address to send messages to the woman in which he berated her and demanded she do things. He even created a Gmail account and Google+ page with the victim’s name and used a naked photograph of her as the profile picture.
Latigo’s actions caused the victim to move. She even changed jobs. She closed her Facebook account and got offline. However, he ultimately found her again, went to her new job and continued to harass her.
The jury also heard from another witness that placed Latigo at the victim’s daughter’s school indicating he was physically stalking her. A computer forensic expert also testified that Latigo accessed multiple Facebook accounts and the victim’s email from his own computer and attempted to cover his trail in the process.
Latigo represented himself during the trial and attempted to convince the jury that this entire case was about the victim wanting to hurt him. He claimed she created the accounts used to harass her. However, she actually broke down in tears on the stand when she learned her naked images had been sent in response to a Craigslist ad she supposedly created. No evidence was presented to the jury that demonstrated the victim ever had control of either of these accounts. In fact, Latigo’s own xpert witness testified that the email address at issue was created on one of Latigo’s computers seized by the FBI during a search of his home.
The jury ultimately did not believe Latigo’s claims and found he intentionally harassed the victim and caused her substantial emotional distress. He was convicted as charged.
U.S. District Judge Kenneth Hoyt presided over the trial and has sentencing for Jan. 8, 2017. At that time, Latigo faces up to five years in federal prison and a possible $250,000 fine. Following a detention hearing held in June 2015, U.S. Magistrate Judge Nancy Johnson ordered Latigo into custody, finding his “alleged conduct to be so egregious and threatening to the victim, that detention is warranted.” She further noted he presented a danger to the victim. He will remain in custody pending his sentencing hearing.
The FBI conducted the investigation. Assistant U.S. Attorneys Sherri Zack and Steve Schammel are prosecuting the case.
Illegal Alien Gets Max for Assaulting a Border Patrol AgentRead the Press Release
LAREDO, Texas – A 55-year-old Mexican National has been ordered to prison following his conviction of assaulting a federal agent, announced Acting U.S. Attorney Abe Martinez. A federal jury sitting in Laredo convicted Miguel Cabrera-Rangel on June 29, 2017, following a two-day trial.
Today, U.S. District Judge Diana Saldaña ordered Cabrera-Rangel to serve the statutory maximum of 96 months. At the hearing, the court heard from the victim who provided an update of continuing issues he is having with his eye. He had a pre-existing condition that made him more likely to suffer from a detached retina and his ophthalmologist provided a written statement indicating that the blow to the agent likely precipitated the issue. The detached retina was repaired but then he developed cataracts. He is having another surgery tomorrow. Not a U.S. citizen, Cabrera-Rangel is expected to face deportation proceedings following his prison sentence.
During trial, the jury heard testimony from a Border Patrol (BP) agent who was investigating a report of possible undocumented aliens on a ranch near Hebbronville. He came upon a group of aliens and attempted to apprehend them. Cabrera-Rangel was one of them and engaged in a struggle with the agent, ultimately gaining control of his service flashlight. Cabrera-Rangel then punched the agent in the face and struck him with the flashlight, causing a bilateral fracture of the nose along with lacerations and contusions. Cabrera-Rangel fled, but was later apprehended on a fishing boat in Copano Bay off Corpus Christi.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI investigated the case in conjunction with BP. Assistant U.S Attorneys Michael Bukiewicz and Christopher Coker prosecuted the case.
Heroin and Methamphetamine Trafficker Sentenced to over Nineteen Years ConfinementRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announced that Felix Alfredo Rivas was sentenced by United States District Court Judge Callie V. Granade to 235 months confinement for heroin and methamphetamine trafficking.
On October 3, 2016, Rivas was stopped on Interstate 65 by a City of Saraland police officer for a traffic infraction. During the course of the traffic stop a City of Saraland dedicated canine, “Chico”, alerted for the presence of drugs in the vehicle, a Ford F-150 truck. A later search of the vehicle revealed 128.6 grams of methamphetamine secreted in one of the two gas tanks installed on the vehicle. Further investigation revealed that Rivas was from Houston, Texas and that he crossed the U.S/Mexican border at Laredo, Texas in the same truck on September 30, 2016, approximately 72 hours prior to the traffic stop in Saraland.
Department of Homeland Security Investigators and officers from the United States Customs and Border Protection agency continued to investigate Rivas and his connection to drug trafficking. The investigation and trial evidence revealed that Rivas purchased insurance for yet another Ford truck that was stopped crossing the U./S./Mexican border, also at Laredo, three days prior to Rivas crossing the border with the methamphetamine. A search of that vehicle revealed almost 9 kilograms of heroin hidden in two batteries for the vehicle. The evidence revealed that Rivas had previously flown from Houston to Chicago to purchase insurance for the heroin laden vehicle and then he drove the vehicle back to Houston to be used for the drug run. Rivas was convicted of the offenses after a three day jury trial in July, 2017. Rivas is a native of El Salvador. He is a non U.S. citizen but was legally present in the United States at the time of the criminal activity.
The case was jointly investigated by the Department of Homeland Security, Homeland Security Investigations, United States Customs and Border Protection, the Drug Enforcement Administration and the City of Saraland Police Department. Assistant United States Attorneys George F. May and Lawrence J. Bullard prosecuted the case.
United States Attorney Richard W. Moore stated: “Our office partnered with federal investigators and the City of Saraland Police Department to do what the U.S. Attorney’s Office has been doing for years……..making our community and the communities in other States safer by interdicting drug traffickers”. Moore added: “People may be surprised to learn that heroin and opioid overdoses have overtaken traffic accidents as the leading cause of accidental death in the United States. This is the kind of problem that our Attorney General Jeff Sessions has directed federal agents and federal prosecutors to aggressively attack. We intend to do our part in the Southern District of Alabama.”
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Alabama at http://www.justice.gov/usao/als/
Former United States Merchant Marine Academy Employee Sentenced to 36 Months’ Imprisonment for Receiving BribesRead the Press Release
Earlier today, in federal court in Central Islip, John C. McCormick, a former Planner/Estimator for the Department of Public Works of the United States Merchant Marine Academy, located in Kings Point, New York, was sentenced by United States District Judge Arthur D. Spatt to 36 months’ imprisonment, to be followed by three years of supervised release, for receiving a bribe as a public official. The Court also imposed a $10,000 fine and a forfeiture order of $78,000 for funds illegally received by McCormick as part of the scheme. McCormick pleaded guilty on January 20, 2017 in connection with his participation in a scheme to defraud the United States by steering maintenance and repair contracts to favored contractors in exchange for bribes.
Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Douglas Shoemaker, Regional Special Agent-in-Charge, United States Department of Transportation, Office of the Inspector General (DOT-OIG), and James D. Robnett, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York Field Office (IRS-CI), announced the sentence.
Between 2000 and 2014 while McCormick was employed in the Department of Public Works of the United States Merchant Marine Academy, he solicited and submitted fake bids on contracts he supervised in order to steer the awarding of maintenance and repair contracts to favored contractors who paid him bribes. McCormick, using his position, arranged, supervised or effected a majority of construction contracts at the Academy. He became known among contractors as “Ten Percent McCormick,” in reference to the amount of bribe payments required to do business at the Academy. McCormick accepted more than $150,000 in bribes, according to court filings.
“McCormick abused his position of trust by putting government contracts up for sale in order to line his pockets with bribe money,” stated Acting U.S. Attorney Rohde. “This Office, together with our law enforcement partners, will vigorously investigate and prosecute to the fullest extent of the law those who engage in public corruption that threatens the integrity of the contract procuring process.”
“The sentence of Mr. John McCormick for bribery at the U.S. Merchant Marine Academy is a clear signal that those entrusted with the stewardship of taxpayer dollars will be held responsible for maintaining the highest level of integrity,” stated DOT-OIG Regional Special Agent-in-Charge Shoemaker. “Accountability is a priority of the Secretary and OIG, and working with our law enforcement peers and prosecutorial colleagues, we will continue our vigorous efforts to protect the taxpayers’ investment in our nation’s transportation system from fraud, waste, abuse and violations of law.”
“The United States Merchant Marine Academy is one of the most elite institutions in the country responsible for training our young leaders of tomorrow,” stated IRS-CI Special Agent-in-Charge Robnett. “Today’s sentence today should deter other public servants from engaging in such misdeeds. IRS-CI is proud to lend our financial expertise to an investigation where the crimes harm all U.S. citizens.”
The government's case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Burton T. Ryan, Jr. is in charge of the prosecution with the assistance of Assistant United States Attorney Madeline O’Connor of the Office’s Civil Division.
The Defendant:
JOHN C. McCORMICK
Age: 60
Residence: Atlantic Beach, New York
E.D.N.Y. Docket No. 15-CR-490 (ADS)
Former New Hampshire Man Pleads Guilty to Making A False Statement to Commit Social Security FraudRead the Press Release
CONCORD, N.H. – Arthur Nunes, III, 41, formerly of Dover, New Hampshire, pleaded guilty today in federal court to making a false statement in order to obtain Social Security benefits, announced Acting United States Attorney John J. Farley.
According to court documents and statements made at today’s hearing, in February of 2012, Nunes submitted an application for Child’s Insurance Benefits to the Social Security Administration on behalf of his two children based on the earnings record of their mother, who had passed away in January of 2012. On the application, he indicated that the children resided with him. The application was approved and Nunes, as the children’s representative payee, began receiving monthly benefits in March of 2012. As their representative payee, Nunes was responsible for using the benefits he received on behalf of his children for their current needs, such as food, clothing, housing, and medical care. In a 2014 report filed with the Social Security Administration, Nunes maintained that the children resided with him and that he used the benefits for the children’s care and support.
An investigation revealed that the children had lived with a relative after their mother passed away and the children had not lived with Nunes at any time after their mother’s death. The investigation also showed that Nunes had not used any of the benefits to support the children. The defendant’s concealment of the true residency of the children and his failure to use the benefits for their needs caused him to get $36,526 in Child’s Insurance Benefits payments that he was not entitled to receive.
Nunes is scheduled to be sentenced on February 2, 2018.
The case was investigated by the by the Social Security Administration’s Office of the Inspector General, and prosecuted by Special Assistant United States Attorney Karen Burzycki.
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Former Las Vegas Strip Club Owner Sentenced to Prison for Evading More Than $1.7 Million in Employment TaxesRead the Press Release
The former owner of a Las Vegas strip club was sentenced today to 24 months in prison for evading payment of more than $1.7 million in employment taxes, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Frederick John Rizzolo, of Las Vegas, the former owner of The Crazy Horse Too, pleaded guilty in June, to attempt to evade and defeat the payment of employment taxes that he owed for 2000 through 2002.
According to documents filed with the court, Rizzolo paid The Crazy Horse Too’s floormen, bouncers, bartenders and shift managers in cash, but failed to provide accurate records of these payments to the Club’s bookkeepers. As a result, Rizzolo caused false employment tax returns to be filed with the Internal Revenue Service (IRS), which underreported wages paid and thus the taxes due. In 2006, Rizzolo admitted this conduct and pleaded guilty to conspiring to defraud the United States. Following his plea, however, Rizzolo took affirmative steps to conceal his assets and income to thwart the IRS from collecting the delinquent taxes that he owed. For example, Rizzolo directed $900,000 that he received from the sale of The Crazy Horse Club, in Philadelphia, to an offshore bank account in the Cook Islands. He also withdrew $50,000 from a bank account, writing a check to a third party, who in turn provided the money back to Rizzolo, thereby avoiding an IRS levy and seizure of the funds. Additionally, Rizzolo falsely stated to the IRS that he had no income or assets and no ability to pay the taxes owed.
In addition to the term of imprisonment imposed, U.S. District Chief Judge Gloria M. Navarro ordered Rizzolo to serve six months of supervised release and to pay restitution in the amount of $2,637,290 to the IRS.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Myhre thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Phillip N. Smith Jr. and Trial Attorney Rebecca J. Sable of the Tax Division, who prosecuted the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Former Las Vegas Strip Club Owner Sentenced to Prison for Evading More Than $1.7 Million in Employment TaxesRead the Press Release
LAS VEGAS, NEV. – The former owner of a Las Vegas strip club was sentenced today to 24 months in prison for evading payment of more than $1.7 million in employment taxes, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Frederick John Rizzolo, of Las Vegas, the former owner of The Crazy Horse Too, pleaded guilty in June, to attempt to evade and defeat the payment of employment taxes that he owed for 2000 through 2002.
According to documents filed with the court, Rizzolo paid The Crazy Horse Too’s floormen, bouncers, bartenders and shift managers in cash, but failed to provide accurate records of these payments to the Club’s bookkeepers. As a result, Rizzolo caused false employment tax returns to be filed with the Internal Revenue Service (IRS), which underreported wages paid and thus the taxes due. In 2006, Rizzolo admitted this conduct and pleaded guilty to conspiring to defraud the United States. Following his plea, however, Rizzolo took affirmative steps to conceal his assets and income to thwart the IRS from collecting the delinquent taxes that he owed. For example, Rizzolo directed $900,000 that he received from the sale of The Crazy Horse Club, in Philadelphia, to an offshore bank account in the Cook Islands. He also withdrew $50,000 from a bank account, writing a check to a third party, who in turn provided the money back to Rizzolo, thereby avoiding an IRS levy and seizure of the funds. Additionally, Rizzolo falsely stated to the IRS that he had no income or assets and no ability to pay the taxes owed.
In addition to the term of imprisonment imposed, U.S. District Chief Judge Gloria M. Navarro ordered Rizzolo to serve six months of supervised release and to pay restitution in the amount of $2,637,290 to the IRS.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Myhre thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Phillip N. Smith Jr. and Trial Attorney Rebecca J. Sable of the Tax Division, who prosecuted the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
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Former CFO of Not-For-Profit Organization Sentenced to 24 Months in Prison for Wire Fraud and Making a False Tax ReturnRead the Press Release
Earlier today, United States District Judge Raymond J. Dearie sentenced defendant Paul Cronin to 24 months’ imprisonment at the federal courthouse in Brooklyn, New York. In May 2017, Cronin pleaded guilty to a criminal information charging him with one count of wire fraud and one count of making and subscribing a false tax return, in connection with his conduct as Chief Financial Officer (CFO) of United States Council for International Business (USCIB), a not-for-profit organization that advocates for international business and trade. As part of the sentence imposed by the Court, Cronin was ordered to pay more than $1.3 million in restitution to USCIB and $229,364 in outstanding taxes.
Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), and James D. Robnett, Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York Field Office (IRS-CI), announced the sentence.
“The defendant abused his position as Chief Financial Officer of a not-for-profit by misappropriating the very funds he was charged with managing,” stated Acting U.S. Attorney Rohde. “Together with our law enforcement partners, this Office will prosecute individuals like the defendant to the fullest extent of the law.”
“Cronin didn’t serve his organization with honor; he instead engaged in criminal activity to the detriment of its cause,” stated FBI Assistant Director-in-Charge Sweeney. “Today’s sentence should send a message that this type of behavior won’t be tolerated, especially when those in positions of trust break the law.”
“Stolen money is taxable in the United States,” stated IRS-CI Special Agent-in-Charge Robnett. “Stealing money from an international business advocacy group and not paying tax on such income not only harms the citizens here at home, but has worldwide economic impact. Today Mr. Cronin has been held accountable, and the IRS is proud to share its financial expertise to such a far reaching investigation.”
As detailed in court filings, Cronin abused his position as the CFO of USCIB to misappropriate more than $1.3 million in funds to pay for personal expenses. Cronin perpetrated this scheme to defraud in several ways, specifically by using company funds to pay his personal credit card debts, writing checks from USCIB to himself, and making purchases on USCIB credit cards for personal purposes. In order to conceal his illegal scheme, the defendant falsified entries in USCIB bookkeeping records. Cronin further sought to conceal his criminal conduct by failing to report the embezzled funds as income to the Internal Revenue Service.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorney Alexander A. Solomon is in charge of the prosecution.
The Defendant:
PAUL CRONIN
Age: 55
Daniel Island, South Carolina
E.D.N.Y. Docket No. 17-CR-190 (RJD)
Florida Resident Sentenced to Prison for Obstructing the IRS and Stealing Government RefundsRead the Press Release
A Boynton Beach, Florida, resident was sentenced to 30 months in prison today in U.S. District Court for the Southern District of Florida for corruptly endeavoring to obstruct the due administration of the internal revenue laws and theft of government funds, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to documents filed with the court, from 2010 to 2015, David R. Andre, 41, filed fraudulent personal tax returns with the Internal Revenue Service (IRS) that sought more than $5.6 million in refunds to which he was not entitled. As a result of these returns, which falsely reported income earned and income tax withheld, the IRS paid Andre more than $485,000 in refunds. He used the funds to purchase his residence and multiple vehicles, including a Jaguar and Mercedes Benz. In late 2012, the IRS began trying to collect the taxes Andre owed and placed a lien on his residence. Days after the lien was recorded, Andre filed a form with the IRS that falsely claimed he was making a substantial payment, and the IRS released the lien. After Andre did not make the payment, the IRS revoked its release and re-filed the lien. In 2015, Andre also made false statements to IRS agents and told them that he purchased his residence with money he inherited, did not recall receiving any large refunds from the IRS, and had not filed a tax return since 2008.
In addition to the term of prison imposed, Senior U.S. District Court Judge Kenneth A. Marra also sentenced Andre to serve three years of supervised release, forfeit $137,582.70 to the United States and pay $485,298.96 in restitution to the IRS. In June, Andre pleaded guilty to corruptly endeavoring to obstruct the due administration of the internal revenue laws and theft of government money.
Acting Deputy Assistant Attorney General Goldberg commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Daniel McGraw and Charles Edgar, Jr. of the Tax Division, who prosecuted the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Florida Man Sentenced on Marijuana ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Travis Beckley, 63, of Miami, FL, who was convicted of attempt to possess with intent to distribute 50 kilograms or more of marijuana, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.Assistant U.S. Attorney Wei Xiang, who handled the case, stated that on August 10, 2016, the defendant attempted to receive a shipment of approximately 145 pounds of high-grade marijuana. The marijuana was in individual bags, each weighing approximately one pound, all of which were packed into four barrels in three wooden crates. These crates were shipped from the State of Nevada to a storage locker located in Erie County, NY. Beckley traveled from Miami to Western New York, signed for the marijuana load, and was immediately arrested by law enforcement officers.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, and the Hamburg Police Department, under the direction of Chief Gregory Wickett.
Felon from Laguna Pueblo Pleads Guilty to Unlawfully Possessing FirearmRead the Press Release
ALBUQUERQUE – Michael Shane Riley, 45, an enrolled member and resident of Laguna Pueblo, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws by unlawfully possessing a firearm. Under the terms of his plea agreement, Riley will be sentenced to 37 months of imprisonment followed by a term of supervised release to be determined by the court.
Riley was arrested on Jan. 23, 2017, on an indictment charging him with being a felon in possession of a firearm on May 30, 2016, in Cibola County, N.M. According to the indictment, Riley was prohibited from possessing firearms or ammunition because he previously had been convicted of assault and battery with a dangerous weapon.
During today’s change of plea hearing, Riley pled guilty to the indictment and admitted that on May 30, 2016, he possessed a firearm while on the Pueblo of Laguna in Cibola County. Riley acknowledged that he was prohibited from possessing a firearm because he previously had been convicted of assault and battery with a dangerous weapon in 2002.
Riley has been in custody since his arrest and remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Laguna Pueblo Tribal Police Department. Assistant U.S. Attorney Novaline D. Wilson is prosecuting the case.
Felon Who Attempted to Rob Home Depot in Golden Sentenced to Federal PrisonRead the Press Release
DENVER – Aaron Carson Cheek, age 27, of Golden, was sentenced yesterday to serve 84 months in federal prison for brandishing a firearm during a crime of violence by U.S. District Court Judge Christine M. Arguello, Acting U.S. Attorney Bob Troyer and ATF Denver Field Division Special Agent in Charge Debora Livingston announced. Cheek was in custody prior to the sentencing hearing, and was remanded following the sentencing hearing.
Cheek was first charged by Criminal Complaint on June 6, 2016. He was indicted by a federal grand jury in Denver on June 23, 2016. He pled guilty to the federal gun crime on July 27, 2017. He was sentenced today, Thursday, October 26, 2017.
According to the stipulated facts contained in the defendant’s plea agreement, on May 31, 2016, Cheek entered a Home Depot store located on West Colfax in Golden, Colorado. He caught the attention of Home Depot employees because of the length of time he was in the store, as well as his unusual behavior. When an employee tried to make contact with Cheek he brandished a 9mm handgun and stated, “Don’t say anything and we won’t have a problem.” He exited the store only to be again confronted by other Home Depot employees. After a brief physical altercation Cheek again pulled his weapon, stating “Do you want to make this real?” He then fled the scene in a truck, but not before the Home Depot employees were able to get his license plate number.
Golden Police officers responded to the area to look for Cheek’s vehicle. The Golden Police officers had earlier in the day received a call from Cheek about an alleged assault. While they looked near that address, the located his vehicle. An officer blocked the truck in a parking space, ordering the defendant to follow his instructions. Cheek did not follow the officer’s instruction, which ultimately led to the officer tackling Cheek, taking him into custody. An inventory of the vehicle after the arrest uncovered a 9mm semi-automatic pistol, two boxes of ammunition, and a suspected destructive device.
On November 4, 2010, the defendant was convicted and sentenced to 180 days imprisonment for possession of a controlled substance, a felony, in the 362nd District Court in Denton County, Texas. This conviction meant that Cheek was not legally allowed to possess a firearm or ammunition.
"We and the ATF focus our enforcement especially on people like this defendant who are prohibited from having guns yet using them to endanger others. Store security, the Golden Police Department, ATF, and our prosecutor did a fantastic job getting Mr. Cheek where he belongs."
“Offenders like Cheek are why ATF exists,” said ATF Special Agent in Charge Debora Livingston. “People who use violence to further their criminal agenda are the most dangerous criminals out there. Working with our local partners, ATF and the U.S. Attorney’s Office can put these criminals away for a long time.”
This case was investigated by the ATF and the Golden Police Department. The defendant was prosecuted by Assistant U.S. Attorney Jason St. Julien.
Federal Jury Finds Orlando Woman Guilty of Aiding in the Preparation of False Tax ReturnsRead the Press Release
Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Tammie McConico, a/k/a “Tammie Brown,” (56, Orlando) guilty of aiding the preparation of false tax returns. She faces a maximum penalty of 51 years in federal prison. Her sentencing hearing is scheduled for January 8, 2018.
McConico was indicted on April 12, 2017.
According to evidence presented at trial, between at least 2010 and 2014, McConico held herself out as a tax preparation expert who offered assistance with federal income tax returns as part of her “ministry” to the community. Her customers would bring her their W-2’s, charitable giving receipts, and other tax documents and she would prepare their tax returns for a fee of $500-$1,000 per return, which McConico would deduct from the customers’ refunds. These returns resulted in significant tax refunds for her customers, which McConico attributed to her vast experience in the tax industry, her attendance at tax seminars, and her previous employment with the Internal Revenue Service. McConico claimed that she spent extra time with each tax return, and that she knew about “hidden” tax deductions that other tax preparers did not get for their customers. In actuality, McConico had never worked in the tax industry, had little tax training, and had never worked for the IRS. She obtained refunds for her customers by putting false information on their returns, without their knowledge, including false losses, income from fake businesses, false family member exemptions, and false higher education expenses. Many of her customers discovered the false information after they were audited by the IRS, and required to pay back their refunds plus interest and penalties. As part of her scheme, McConico collected over $467,687 in tax preparation fees between 2011 and 2012.
This case was investigated by Internal Revenue Service - Criminal Investigation. It is being prosecuted by Assistant United States Attorney Vincent S. Chiu.
Drug Enforcement Administration (DEA) Prepares for Prescription Drug Take Back DayRead the Press Release
Memphis, TN –U.S. Attorney, D. Michael Dunavant, Western District of Tennessee, will join the Drug Enforcement Administration on October 28, 2017 for its 14th National Prescription Drug Take Back Day. The biannual event will be held from 10 a.m. to 2 p.m., at thousands of collection sites around the country, including here at Kroger, 7615 Highway 70 Bartlett, TN. This one-day event will make it convenient for the public to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Last April Americans turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds, more than 4,050 tons, of pills. The disposal service is free and anonymous, no questions asked.
"Our office is pleased to partner with DEA for this important cause. DEA is to be commended for its efforts to provide citizens across the country the opportunity to dispose of unused prescription painkillers. With the opioid epidemic at an all-time high, we must take advantage of every opportunity to rid our communities of drugs that destroy the lives of our fellow citizens," said D. Michael Dunavant, U.S. Attorney, Western District of Tennessee.
Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.
For more information or to locate a collection site near you, go the DEA Prescription Drug Take Back Day web site at https://takebackday.dea.gov where you can search by zip code, city or state.
Drug Dealer Sentenced on Gun and Drug ChargesRead the Press Release
United States Attorney Richard Moore of the Southern District of Alabama announced that Joe Len Boman, 47, of Quitman, Mississippi, was sentenced this week in federal court for his participation in a methamphetamine distribution conspiracy and for possession of stolen guns. Court documents reflects that Boman was involved in the methamphetamine distribution operation headed in Mobile by co-conspirator Ryan Scott Burkhardt, who was charged and convicted in federal court on numerous charges, including his shooting of a Mobile police officer in March of 2016. Burkhardt committed suicide while in custody earlier this year. Boman pled guilty to the two federal charges in July of 2017.
United States District Court Judge William H. Steele sentenced Boman to 70 months’ imprisonment on each count, and ordered that the sentences run concurrently. He also ordered that upon Boman’s release from custody, Boman will serve a four-year term of supervised release. Boman will undergo treatment for drug abuse while in prison and as a condition of his supervised release. No fine was imposed, but the judge ordered that Boman pay $200 in special mandatory assessments.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Mobile Police Department, the Mobile County Street Narcotics Enforcement Team, and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Alabama at http://www.justice.gov/usao/als/Drug Cartel Leader ArrestedRead the Press Release
Assistant U.S. Attorneys Matthew J. Sutton
and Adam L. Braverman (619) 546-8941 and (619) 546-6717
NEWS RELEASE SUMMARY – October 27, 2017
SAN DIEGO – Major Mexican drug cartel leader Sajid Emilio Quintero Navidad, aka Cadete, was arraigned in federal court on October 11, 2017, following his arrest by United States law enforcement at the San Ysidro Port of Entry on charges arising out of the Southern District of California. Quintero Navidad is the cousin of fugitive Mexican drug lord Rafael Caro Quintero and the associate of high-ranking Mexican cartel leader Ismael Zambada-Garcia, aka Mayo. He is believed to be one of the highest-ranking Mexican cartel leaders to be arrested in the United States.
In August 2014, the Department of Treasury’s Office of Foreign Assets Control (OFAC) designated Quintero Navidad as a “Special Designated Narcotics Trafficker,” pursuant to the Foreign Narcotics Kingpin Designation Act. As part of that designation, OFAC identified Quintero Navidad as a Mexico-based narcotics trafficker who coordinated the transportation of ton quantities of cocaine from South America through Mexico and onto the United States.
A federal grand jury in San Diego returned an indictment on September 22, 2017, charging Quintero Navidad with Conspiracy to Distribute Controlled Substances Intended for Importation, Conspiracy to Import Controlled Substances and Conspiracy to Launder Monetary Instruments. That same day, the Clerk of the Court issued a sealed warrant for his arrest. On October 11, 2017, Quintero Navidad was arrested at the San Ysidro Port of Entry, and on that same day, U.S. Magistrate Judge Jan M. Adler arraigned Quintero Navidad on these charges and unsealed the indictment against him.
The unsealed indictment marks the conclusion of the initial phase of a multi-year investigation. This joint Homeland Security Investigations (HSI) and Drug Enforcement Administration (DEA) investigation targeted the leadership elements, lieutenants, associates, and money launderers connected with the Rafael Caro-Quintero (RCQ) DTO and Beltran Leyva Organization (BLO).
“Today is yet another reminder that there is no place to hide, because the Southern District of California, along with our law enforcement partners, will continue to pursue and prosecute international drug kingpins who for years profited from the shipment and sale of illegal drugs,” said Acting U.S. Attorney Alana Robinson. “With this action, one of the most significant drug traffickers in Mexico will be brought to justice.”
Acting U.S. Attorney Robinson also praised the outstanding work of the federal team from HSI Calexico / DEA Imperial County in the culmination of this investigation. Acting U.S. Attorney Robinson also thanked Customs and Border Protection, the U.S. Marshals Service, the U.S. Department of Justice’s Office of Enforcement Operations and the Office of International Affairs, and the Department of Treasury’s Office of Foreign Assets Control for their ongoing assistance in this investigation.
“The arrest of Sajid Emilio Quintero Navidad is a result of outstanding investigative work by HSI special agents in Calexico, in collaboration with our federal, state, local and international law enforcement partners,” said Dave Shaw, Special Agent in Charge of HSI in San Diego. “HSI agents worked tirelessly to identify and arrest Mr. Quintero Navidad, underscoring our resolve to ensure he is brought to justice.”
“The arrest of Sajid Quintero-Navidad illustrates the great work that DEA and its law enforcement partners do every day,” said DEA San Diego Special Agent in Charge William Sherman. “This high level target will no longer be able to smuggle deadly drugs across our border.”
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high-level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
DEFENDANT Case Number 17CR2976-CAB
Sajid Emilio Quintero Navidad, aka Cadete Age: 36 Mexico City, Mexico
SUMMARY OF CHARGES
Conspiracy to Distribute Controlled Substances for Purpose of Unlawful Importation, in violation of Title 21 U.S.C. §§ 959, 960 and 963; Term of custody including a mandatory minimum 10 years and up to life imprisonment, $10,000,000 fine and 5 years supervised release.
Conspiracy to Import Controlled Substances, in violation of Title 21 U.S.C. §§ 952, 960 and 963. Term of custody including a mandatory minimum 10 years and up to life imprisonment, $10,000,000 fine and 5 years supervised release.
Conspiracy to Launder Monetary Instruments, in violation of Title 18 U.S.C. § 1956. Term of custody up to 20 years’ imprisonment, a fine of $500,000 or twice the value of the monetary instrument or funds involved, and 5 years of supervised release.
AGENCIES
Homeland Security Investigations
Drug Enforcement Administration
Customs and Border Protection, Office of Field Operations
United States Marshals Service
Department of Justice, Organized Crime Drug Enforcement Task Forces
Department of Justice, Office of Enforcement Operations
Department of Justice, Office of International Affairs
Department of Treasury, Office of Foreign Assets Control
Customs and Border Protection, Office of Border Patrol
Immigration and Customs Enforcement, Enforcement and Removal Operations
El Centro Police Department
Brawley Police Department
Imperial County District Attorney’s Office
Imperial Valley, Law Enforcement Coordination Center
*An indictment or complaint is not evidence that the defendants committed the crimes charged. The defendants are presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.
Dominican National Charged with Illegal ReentryRead the Press Release
BOSTON – Jose Mejia Ruiz, 40, was charged yesterday in federal court in Boston with one count of unlawful reentry of a deported alien.
According to the indictment, on Oct. 3, 2017, law enforcement in Boston encountered Jose Mejia Ruiz and determined that he was unlawfully present in the United States having previously been deported on Jan. 12, 2011.
Ruiz faces a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, and will be subject to deportation upon completion of any sentence imposed. 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 Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Dominican National Charged with Fentanyl-Related CrimesRead the Press Release
BOSTON – A Dominican national was charged on Wed., Oct. 25, 2017, with drug crimes related to his role in a wide-ranging operation that distributed cocaine and fentanyl throughout Boston and Cape Cod.
Kelvin Chalas, a/k/a Jose Solivan, a/k/a “Keco,” 40, a Dominican national residing in Dorchester, was indicted on one count of conspiracy to distribute cocaine and 40 grams or more of fentanyl and one count of possession of 40 grams or more of fentanyl with the intent to distribute. Chalas was arrested on Aug. 22, 2017, and charged by criminal complaint along with three co-conspirators.
Chalas and his co-conspirators, James Ramirez and Alex and Kevin Fraga, shipped large quantities of fentanyl, cocaine and heroin from Boston to Cape Cod, where it was redistributed. It is alleged that Chalas helped run a drug stash house for Ramirez, who would collect the narcotics and take them to Cape Cod for distribution.
The conspiracy charge provides for a mandatory minimum sentence of five years and up to 40 years in prison, four years and up to a lifetime of supervised release and a fine of up to $5 million. The possession charge provides for a mandatory minimum sentence of 10 years and up to life in prison, five years to life of supervised release, and a fine of up to $10 million. Chalas will be subject to deportation upon completion of any sentence imposed. 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.
District Man Sentenced to More Than 33 Years in Prison for Kidnapping and Raping His WifeRead the Press Release
WASHINGTON – A 49-year-old man, of Washington, D.C., was sentenced today to a total of 33 years and four months in prison for severely beating his wife while holding her captive in a small U-Haul storage unit, and for raping her two days later in a motel room, U.S. Attorney Jessie K. Liu announced.
The defendant, who is not identified here to protect the privacy of the victim, was found guilty by a jury in June 2017 of kidnapping while armed, assault with a dangerous weapon, first-degree sexual abuse, and assault. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Milton C. Lee. Following his prison term, he will be placed on five years of supervised release. Also, upon his release from prison, he must register as a sex offender for the rest of his life.
According to the government’s evidence, the defendant and his wife – both homeless – spent the night of Jan. 12, 2017 in a small storage locker that she was renting at a facility in the 2200 block of Fifth Street NE. Once the facility closed, the defendant began accusing her of cheating on him. He took what the victim described as a wooden pole, with metal on each end, and brutally beat her with it. He kept her locked in the unit the rest of the night and, when she needed to use the restroom, he ordered her not to let anyone see her injuries and he accompanied her to the restroom and back.
The next evening, the defendant called his father, who agreed to pay for a hotel room for the defendant and the victim. At the defendant’s order, the victim hid her face from her father-in-law as they got into his car in the dark. On Sunday, Jan. 15, after a day of relative peace, the defendant again became enraged and raped his wife at the hotel, which is in the 1600 block of New York Avenue NE. He then hit her in the head with the TV remote until he broke it. When the defendant went to the hotel’s front office to replace the remote, the victim escaped from the hotel room wearing nothing but panties, shoes and a winter coat. As she fled, she sought help from people she encountered, but no one would help her.
Finally, she arrived on foot at the Metropolitan Police Department’s (MPD) Fifth District Station, where she received help from officers there. Veteran police officers, one of whom had patrolled the streets for over two decades, were shocked at the degree of the victim’s injuries: her eyes were extremely bloodshot and swollen almost shut, her nose was broken, and her body was badly bruised.
Later that night, the defendant was arrested in the same hotel room in which he had raped his wife earlier in the day.
In announcing the sentence, U.S. Attorney Liu commended the work of officers from MPD’s Fifth District and from MPD’s Sexual Assault Unit, as well as the Sexual Assault Nurse Examiner and other medical personnel at Medstar Washington Hospital Center. She also expressed appreciation to the District of Columbia Department of Forensic Sciences, which performed DNA analysis of evidence recovered in the case, and to Nicole Stahlmann, Clinical Manager of the District of Columbia Forensic Nurse Examiners.
She acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Assistant U.S. Attorney Chrisellen Kolb, Deputy Chief of the Appellate Division; Paralegal Specialists Benjamin Kagan-Guthrie, Brenda C. Williams and Donhue Troy Griffith; Victim/Witness Advocates Juanita Harris and Tracey Hawkins; Litigation Technology Specialist Claudia Gutierrez, and Interns Kate Sullivan, Layla Kousari and Jonah Panikar. Finally, U.S. Attorney Liu commended the work of Assistant U.S. Attorneys Marisa S. West and Peter V. Taylor, who investigated and prosecuted this case.
District Man Sentenced to 31 Years in Prison for 2015 Slaying in Southeast WashingtonRead the Press Release
WASHINGTON - Eugene Burns, 25, of Washington, D.C., was sentenced today to 31 years in prison for killing a man in a Southeast Washington apartment, U.S. Attorney Jessie K. Liu announced.
Burns was found guilty by a jury in July 2017 of first-degree murder while armed and related weapons offenses. The verdict followed a trial in the Superior Court of the District of Columbia. He was sentenced by the Honorable Hiram E. Puig-Lugo. Following the prison term, Burns will be placed on five years of supervised release.
According to the government’s evidence, Burns had been in a drug-related dispute with the victim, Onyekachi Emmanuel Osuchukwu III, of Woodland Hills, Calif., and began planning to kill him. On Nov. 14, 2015, Mr. Osuchukwu flew into the Washington, D.C. area. That day, Burns lured Mr. Osuchukwu to Burns’s mother’s apartment in the 2900 block of Second Street SE. He confronted Mr. Osuchukwu and shot and killed him before fleeing the scene.
The next day, the defendant, along with two relatives, returned to the apartment and Burns supposedly “discovered” that his best friend had been killed. After a call to 911, Mr. Osuchuwku, 24, was found on the living room floor with multiple gunshot wounds. An investigation led to Burns’s arrest in December 2015, and he has been in custody ever since.
In announcing the sentence, U.S. Attorney Liu commended the work of the detectives, officers, and mobile crime technicians who worked on the case from the Metropolitan Police Department. She also expressed appreciation for the assistance provided by the U.S. Postal Inspection Service, Washington Division, the FBI’s Cellular Analysis Survey Team, and the Washington Metropolitan Area Transit Authority. She acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation; Supervisory Paralegal Specialist Sharon Newman; Paralegal Specialists Kelly Blakeney and Lashone Samuels; Diana Lim, David Foster; M. Laverne Perry, Tanya Via and Debra Cannon, all of the Victim/Witness Assistance Unit; Investigative Analyst Zachary McMenamin; Litigation Technology Specialists Leif Hickling, and William Henderson; former Litigation Technology Specialist Aneela Bhatia; Forensic Operations/Program Specialist Benjamin Kagan-Guthrie; Computer Forensics Criminal Investigator John Marsh, and Law Clerk Alexandra Maher.
Finally, U.S. Attorney Liu commended the work of Assistant U.S. Attorneys Charles Willoughby, Jr. and Kevin Flynn, who investigated and prosecuted the case.
District Man Sentenced to 30 Months in Prison for Sexually Assaulting Woman in Northeast WashingtonRead the Press Release
WASHINGTON – Darnell Franklin, 27, of Washington, D.C., was sentenced today to 30 months in prison for groping a stranger after pushing her into the back seat of a car, announced U.S. Attorney Jessie K. Liu.
Franklin pled guilty in August 2017 to a charge of third-degree sexual abuse. He entered the plea in the Superior Court of the District of Columbia under what is known as the Alford doctrine. Under an Alford plea, the defendant does not admit the allegations but agrees that the government has enough evidence to secure a conviction. He was sentenced by the Honorable Hiram E. Puig-Lugo. Once released from prison, Franklin will be required to register as a sex offender for a 10-year period and will be on supervised release for three years.
According to the government’s evidence, on April 22, 2017, at about 7 p.m., Franklin approached the victim – a total stranger – inside a store at 35th and Clay Streets NE, where he tried to engage her in small talk and told her that she was pretty. The victim told Franklin that she had a boyfriend, concluded her business in the store, and left.
Franklin then followed the victim outside, to a car-for-hire that was waiting to drive her home. As the victim was getting into the back seat of that car, Franklin pushed her in, got in beside her and began fondling her as she tried to fight him off. The driver saw what was going on and got out of the car to come to the victim’s aid. As the driver neared the back door of his car, Franklin fled down the street. The driver and the victim saw some nearby officers with the Metropolitan Police Department (MPD) and told them what had happened.
The MPD officers spotted Franklin, and with other officers, chased and caught him.
In announcing the sentence, U.S. Attorney Liu commended the work of officers from MPD’s Sixth District and from MPD’s Sexual Assault Unit. She also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist Brenda C. Williams and Victim/Witness Advocate Veronica Vaughan. Finally, she commended Assistant U.S. Attorney Peter V. Taylor, who investigated and prosecuted this case.
Defendant on Probation Arrested on More Drug Charges; Law Enforcement Officers Seize Hundreds of Thousands of Dollars in Drug ProceedsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, NY—Acting U.S. Attorney James P. Kennedy, Jr. announced today that John Kidd, 34, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.Assistant U.S. Attorney Meghan Tokash, who is handling the case, stated that according to the complaint, the defendant was on federal supervised release since April 25, 2017, after serving 70 months in prison for his February 2013 conviction on charges of possession with intent to distribute, and distribution of, cocaine and crack cocaine, and being a felon in possession of a firearm.
Suspecting that Kidd was involved once again in drug trafficking activities, on October 24, 2017, U.S. Probation Officers and the Drug Enforcement Administration searched the defendant’s residence and found multiple violations of Kidd’s conditions of release. Probation officers recovered two pounds of marijuana, three ounces of cocaine, a digital scale, drug packaging materials, and other drug paraphernalia. Officers and agents also found over $402,000.00 in US currency from drug proceeds, the amount of which reflects over 11 kilograms of cocaine. In addition, shotgun shells were also found in the residence.
Kidd made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and was ordered detained.
The defendant has a violation of supervised release hearing before U.S. District Judge Richard J. Arcara on November 22, 2017, at 9:00 a.m.
The criminal complaint is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent in Charge James J. Hunt, New York Field Division, and the U.S. Probation, under the direction of Chief Probation Officer Anthony San Giacomo.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.DEA Taking Back Unwanted Prescription Drugs at Locations Around New Mexico on SaturdayRead the Press Release
ALBUQUERQUE – The U.S. Attorney’s Office and UNM’s Health and Sciences Center are encouraging the public to participate in DEA’s 14th National Prescription Drug Take-Back Day on Saturday, Oct. 28, 2017 from 10:00 a.m. to 2:00 pm as part of the prevention and education component of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
During the last National Prescription Drug Take-Back Day in April 2017, Americans turned in 900,386 pounds – 450 tons – of prescription drugs at 5,498 sites staffed by DEA and more than 4,000 of its state, local and tribal law enforcement partners. Here in New Mexico, DEA and nearly 50 law enforcement partners collected more than 6,000 pounds of medication at 74 collection sites throughout the state.
“Prescription drug abuse is the nation’s fastest growing drug problem. More people die each year from prescription painkiller overdoses than from heroin, cocaine or any other illegal drug,” said Karen I. Flowers, Special Agent in Charge of the Drug Enforcement Administration-El Paso Division. “By continuing to offer safe and secure options for our citizens to dispose of their unwanted prescription drugs, we are reducing the threat that these drugs pose to public health.”
“Properly disposing of unused prescription drugs is a simple and easy way for all of us to help fight this deadly epidemic that’s killing too many people and the problem is getting worse,” said Acting U.S. Attorney James D. Tierney. “Protect our families by properly disposing of your unused, unwanted and expired medicine.”
DEA’s National Take Back Initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.
Unused medicines in the home are a problem because the majority of the 6.4 million Americans who abused prescription drugs in 2015, including almost 4 million who abused prescription painkillers, say they obtained those drugs from friends and family, including from a home medicine cabinet, according to the National Survey on Drug Use and Health released last month. Some painkiller abusers move on to heroin: four out of five new heroin users started with painkillers. Almost 30,000 people – 78 a day – died from overdosing on these painkillers or heroin in 2014, according to the Centers for Disease Control and Prevention.
Members of the public can find a nearby Prescription Drug Take-Back collection site by visiting www.dea.gov, clicking on the “Got Drugs?” icon, and entering their zip code into the search window, or they can call 800-882-9539. Only pills and other solids, like patches, will be accepted at DEA Drug Take Back collection sites – the public should not bring liquids, needles or other sharp items to take back sites. This service is free and anonymous, no questions asked.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.