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Wednesday 13 September 2017
District Man Pleads Guilty to First-Degree Felony Murder in Christmas Day Slaying of Tricia McCauleyRead the Press Release
WASHINGTON – Duane Johnson, also known as Adrian Duane Johnson, pled guilty today to a charge of first-degree felony murder in the Christmas day slaying last year of Tricia McCauley, a stranger who he also sexually assaulted, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Chief of the Metropolitan Police Department.
Johnson, 30, formerly of Washington, D.C., pled guilty in the Superior Court of the District of Columbia. The plea, which is contingent upon the Court’s approval, calls for an agreed-upon sentence of 30 years in prison. The Honorable Hiram E. Puig-Lugo scheduled sentencing for Nov. 17, 2017. Following his prison term, Johnson will be placed on a period of supervised release and he will be required to register as a sex offender for the rest of his life.
According to a proffer of facts submitted at the plea hearing, on Dec. 25, 2016, at about 5:30 p.m., Ms. McCauley, 46, left her home in the 2000 block of North Capitol Street NW and got into her two-door Toyota Scion to drive to a holiday party at a friend’s home in Washington, D.C. On the drive to her friend’s home, Ms. McCauley encountered Johnson. He entered her vehicle and, shortly thereafter, sexually assaulted her. He attempted to restrain her and she attempted to fight him off by kicking and punching him. During this struggle, Ms. McCauley’s clothing was ripped and she suffered a fractured nose. Johnson, meanwhile, took the scarf that Ms. McCauley was wearing and used it as a ligature, tightening it around her neck muscles and causing her death. After Ms. McCauley died, Johnson took her body and put it in the back seat.
Ms. McCauley was reported missing and a widespread search was launched to find her. The following night, Dec. 26, 2016, at about 11:20 p.m., Ms. McCauley’s car was discovered, found parked in front of a pharmacy in the 2200 block of M Street NW. Officers with the Metropolitan Police Department (MPD) went inside the store and found Johnson. He had the key to Ms. McCauley’s car in his pocket. A check of the car led to the discovery of Ms. McCauley’s body. Johnson was arrested and has remained in custody ever since. In a search, police recovered several of Ms. McCauley’s credit cards in Johnson’s pocket.
In announcing the plea, U.S. Attorney Phillips and Chief Newsham commended the work of the officers, detectives and others from the Metropolitan Police Department who investigated the case. They also expressed appreciation for the assistance provided by the U.S. Park Police and the FBI’s Cellular Analysis Survey Team, and the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who handled the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Sharon Donovan; Paralegal Specialists Sharon Newman and Lornce Applewhite; Victim/Witness Advocate Jennifer Clark, and Litigation Technology Specialist William Henderson. Finally, they commended the work of Assistant U.S. Attorney David Misler, who investigated and prosecuted the case.
Charlotte Man Sentenced to 16 Years as an Armed Career CriminalRead the Press Release
GREENVILLE – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that yesterday in federal court, Senior United States District Judge Malcolm J. Howard sentenced LARICE SIMMONS, 38, of Charlotte, to 192 months of imprisonment followed by 5 years of supervised release.
On March 14, 2017, SIMMONS pled guilty to one count of being a Felon in Possession of a Firearm.
On April 9, 2016, a confidential informant (CI) reported to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) that Nelson O’Nell Harrison and LARICE SIMMONS were trying to identify a drug dealer to rob. Agents then recorded Harrison and SIMMONS planning to murder and rob a drug dealer and an associate. Harrison’s and SIMMONS’S plans included details about how they would distract and then gun down the intended victims and then cover up the murders. ATF agents intercepted and arrested Harrison and SIMMONS at a gas station in Kinston, North Carolina as they were driving to the planned robbery location. Agents recovered a 9 mm firearm from the area where SIMMONS had been sitting in the vehicle. Harrison also pled guilty to Possession of a Firearm by a Felon and was sentenced to 108 months of imprisonment on August 8, 2017.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Kinston Police Department. Assistant U.S. Attorney Erin Blondel prosecuted the case for the government.
Charleston man pleads guilty to federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man pleaded guilty today to a federal gun charge, announced United States Attorney Carol Casto. Leon Mitchell, III, 24, entered his guilty plea to possessing a firearm with an obliterated serial number.
In the early morning hours of March 8, 2016, a Charleston Police Department officer was patrolling in the area of Park Avenue and Simms Street in Charleston when he encountered Mitchell. The officer asked Mitchell if he had any weapons, and he replied that he did not. Shortly after this conversation, an unidentified woman ran screaming behind the officer. As the officer turned away to check on the sudden commotion, he heard the sound of metal hitting the ground. The officer looked back to the area where Mitchell was standing and saw what was later identified as a Sig Sauer, Model P220, .45 caliber semiautomatic handgun with the serial number scratched off. When the officer asked Mitchell what was lying on the ground, Mitchell told the officer it was his gun. In a search of Mitchell incident to arrest, the officer recovered approximately eight grams of marijuana and half a gram of heroin.
Mitchell faces up to five years in federal prison when he is sentenced on December 6, 2017.
The investigation was conducted by the Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Clint Carte is responsible for the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking with existing local programs targeting gun crime.
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Brian Coll, Former Correction Officer at Rikers Island, Sentenced to 30 Years in Prison for the Beating Death of Inmate Ronald SpearRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that BRIAN COLL, a former New York City Correction Officer, was sentenced today by U.S. District Judge Loretta A. Preska to 30 years in prison for causing the death of Ronald Spear, a pre-trial detainee at Rikers Island, and for obstructing justice by covering up the true cause of Spear’s death. COLL, then a correction officer on Rikers Island, was convicted following an eight-day jury trial of, among other charges, causing Spear’s death by repeatedly kicking him in the head while he was restrained and lying prone on the floor, in violation of his rights under the United States Constitution. Spear died shortly after the attack. COLL was arrested on a complaint on June 10, 2015, and has been in federal custody since that time.
In imposing today’s sentence, Judge Preska stated: “This is a serious offense that requires a serious punishment. It is also a crime where deterrence is, in the Court's view, an important consideration.”
Acting Manhattan U.S. Attorney Joon H. Kim said: “Correction Officer Brian Coll brutally beat to death Ronald Spear, an ailing and vulnerable Rikers Island inmate. As proven at trial, after Spear had been restrained by other correction officers and lay prone on the ground, Coll reared his leg back and kicked Spear in the head, over and over again. What Officer Brian Coll did on December 19, 2012 – viciously beating to death a defenseless man – was a murderous crime, whether inside or outside prison. And he has now been held accountable for it. The protections of the U.S. Constitution extend to all of us, including those within our prison walls. Today’s sentencing of Brian Coll reminds us all of that.”
According to the allegations in the Indictment and the evidence introduced at trial:
Rikers Island is a jail complex located in the Bronx, New York, maintained by the New York City Department of Correction. At the time of his death, Ronald Spear was a pretrial detainee incarcerated on Rikers Island in the North Infirmary Command, a facility housing detainees who, like Spear, have serious or chronic medical needs. In the early morning hours of December 19, 2012, Spear left the housing area in the infirmary unit in an attempt to see the on-duty doctor but was stopped by COLL, who said that the doctor was not available to see him. In an altercation that ensued, COLL punched Spear several times in the face and stomach, after which Spear was restrained by two other correction officers, Anthony Torres and Byron Taylor. While Spear was lying prone on the ground and was still restrained, COLL repeatedly kicked Spear in the head, even after Torres attempted to shield Spear’s head with his hand and shouted at COLL to stop. After COLL stopped kicking Spear, COLL lifted up Spear’s head, told him to remember who had done this to him, and then dropped Spear’s head to the ground. Spear was pronounced dead at the scene shortly after the assault.
Spear’s autopsy was conducted at the Bronx Office of the Chief Medical Examiner (the “CME”). The autopsy revealed that Spear had at least three recent contusions on his skull, and that he had suffered a “brain bleed” caused by blunt force trauma to the head, consistent with Spear being kicked in the head while he was lying prone on the ground. The CME found that Spear had suffered a cardiac arrhythmia as a result of the head trauma. The assault by COLL was therefore, as the jury found, the cause of Spear’s death.
After Spear’s death, COLL, Taylor, Torres, and others, covered up the true cause of Spear’s death by concocting a false story that turned Spear into the aggressor, falsely claiming that Spear had attacked COLL with a cane. Specifically, COLL falsely claimed that Spear had attacked him with a cane, and Torres agreed to support this false version of events and further agreed not to not relay that COLL had repeatedly kicked Spear in the head. Additionally, at Taylor’s request, COLL, Torres, and an additional correction officer agreed to claim falsely that Taylor was not present for the incident. Consistent with their agreement, the conspirators filed false Use of Force reports with the Department of Correction and lied repeatedly to Department of Correction supervisors and investigators, and to the Bronx District Attorney’s Office.
COLL and his coconspirators propagated this false version of events after being advised by a Rikers captain to be consistent in the Use of Force reports that the officers were required to submit following Spear’s death. Additionally, when no cane was recovered from the crime scene – potentially calling into doubt COLL’s claim that Spear had attacked him with a cane – another Rikers captain directed a correction officer to take a cane from a supply area and to pass it off to investigators as the cane used in the incident.
* * *
BRIAN COLL, 47, of Smithtown, New York, was sentenced to 30 years in prison and five years of supervised release.
Mr. Kim praised the investigative work of the Federal Bureau of Investigation and the Criminal Investigators at the United States Attorney’s Office. Mr. Kim also thanked the New York City Department of Correction, Investigative Division, and the Bronx District Attorney’s Office for their assistance in the investigation.
This case is being handled by the Office’s Civil Rights and Public Corruption Units. Assistant U.S. Attorneys Brooke E. Cucinella, Jeannette A. Vargas, and Martin S. Bell are in charge of the prosecution.
Amarillo Woman Sentenced to 210 Months in Federal Prison for Role in Counterfeit Check SchemeRead the Press Release
AMARILLO, Texas — Michelle Renee Whitman, aka “Michelle Renee Weaver” and “Raven,” 46, of Amarillo, Texas, was sentenced today for printing counterfeit checks that were used at various stores and banks, announced John Parker, U.S. Attorney for the Northern District of Texas.
Whitman, was sentenced by U.S. District Judge Sidney A. Fitzwater to serve a total of 210 months in federal prison. Whitman pleaded guilty in June 2017 to two counts of uttering and possessing counterfeited securities of an organization. In addition, Judge Fitzwater ordered that Whitman pay $9,746.71 in restitution. She has been in custody since her arrest in April 2017.
According to plea documents filed, from September 24, 2014 through May 28, 2016, Whitman received account information for various entities and individuals that was obtained from vehicle burglaries or mail theft and used that information to create counterfeit checks using a check writing program. Whitman would also create false temporary identification cards for individuals cashing the counterfeit checks.
The Amarillo Police Department and United States Secret Service investigated the case. Assistant U.S. Attorney Anna Bell prosecuted.
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Alleged South End Gang Member Sentenced for Cocaine DistributionRead the Press Release
Boston – An alleged member of the Villa Victoria Pirates street gang was sentenced yesterday in federal court in Boston for distributing cocaine.
Anthony Nunez, a/k/a “Dizzo,” 26, of Boston, was sentenced by U.S. District Court Judge William G. Young to time served of 16 months in prison and six years of supervised release. During the first three years of supervised release, Nunez is precluded from entering certain parts of Boston’s South End, and for the entirely of his term of supervised release, Nunez is precluded from associating with 32 gang associates. In June 2017, Nunez pleaded guilty to two counts of possession with intent to distribute and distribution of cocaine base.
Nunez is one of 19 defendants, many of whom are affiliated with street gangs operating in the Lenox Street Housing Development area of Boston’s South End, who was charged in March 2016 with federal and state drug and firearms offenses. Specifically, on two occasions, including in the Lenox Street Housing Development, Nunez sold crack cocaine to a cooperating defendant.
Law enforcement initiated the investigation in January 2015 with the principal goal of curtailing drug and gun trafficking activities that tyrannized the Lenox Street Housing Development and severely disrupted the lives of residents. The Development and surrounding areas have historically suffered from the violence that accompanies these illegal activities. According to the Boston Police Department’s Boston Regional Intelligence Center (BRIC), the Lenox area was one of the City’s top 10 hotspots for violence in 2015. In fact, there were 30 shootings and more than 75 reports of shots fired in the area from March 2012 to June 2015.
To date, 15 defendants, including Nunez, have been sentenced and the remaining four defendants have pleaded guilty and are awaiting sentencing.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Evans made the announcement. The Boston Housing Authority Police assisted with the investigation.
Alleged Mafia Soldier Charged with Attempting to Escape from Federal Pretrial Detention FacilityRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and James P. O’Neill, Commissioner of the New York City Police Department (“NYPD”) announced today the filing of a Superseding Indictment charging CHRISTOPHER LONDONIO with attempting to escape from the Metropolitan Detention Center (“MDC”), in Brooklyn.
LONDONIO has been detained at the MDC since February 2017 in connection with murder and racketeering charges pending in White Plains federal court. The Superseding Indictment re-alleges previously filed charges against LONDONIO and 18 other members and associates of the Luchese Family of La Cosa Nostra, who are charged with racketeering, murder, narcotics offenses, and firearms offenses. LONDONIO will be arraigned on the new charge at the next pretrial conference, which is currently scheduled for September 20, 2017. The case is assigned to United States District Judge Cathy Seibel.
Acting U.S. Attorney Joon H. Kim said: “Already detained on racketeering and murder charges, Luchese soldier Christopher Londonio, allegedly hatched a scheme to break out of federal prison with a hacksaw blade and a rope made from tied-up bedsheets. Although sounding like a script for a made-for-tv movie, the charges allege yet another serious federal crime against Londonio. As alleged, with this latest chapter in his years-long life in the mob, Londonio adds to the string of crimes he must now face, in a criminal justice system he was desperately seeking to escape.”
FBI Assistant Director William F. Sweeney Jr. said: “Someone facing federal charges of murder, extortion, racketeering, and a litany of other crimes may feel a certain desperation to attempt breaking out of jail to avoid justice. However, the outlandish choice of dental floss, and even allegedly asking a priest to assist in the escape defies comprehension. The attempts didn't work, and now the subject in this case faces even more charges for his alleged criminal behavior.”
According to the allegations in the Superseding Indictment[1] and other documents in the public record:
In or about June 2017, LONDONIO and another detainee concocted a plan to escape from the MDC. In furtherance of the plan, LONDONIO used dental floss as a cutting tool to tamper with a window in the facility. He also planned to solicit a priest to smuggle a saw blade into the facility, and secretly stockpiled a large number of sheets and blankets, intending to use them as a rope to aid in his escape. The plan was foiled after a fellow detainee reported the escape plan to the authorities.
La Cosa Nostra or “the Mafia” is a criminal organization composed of leaders, members, and associates who work together and coordinate to engage in a multitude of criminal activities. In addition to the attempted escape charge, the Superseding Indictment alleges that from at least in or about 2000 up to and including in or about 2017, MATTHEW MADONNA, STEVEN CREA, Sr., a/k/a “Wonder Boy,” JOSEPH DINAPOLI, STEVEN CREA, Jr., DOMINIC TRUSCELLO, JOHN CASTELUCCI, a/k/a “Big John,” TINDARO CORSO, a/k/a “Tino,” JOSEPH VENICE, JAMES MAFFUCCI, a/k/a “Jimmy the Jew,” JOSEPH DATELLO, a/k/a “Big Joe,” a/k/a “Joey Glasses,” PAUL CASSANO, a/k/a “Paulie Roast Beef,” CHRISTOPHER LONDONIO, TERRENCE CALDWELL, a/k/a “T,” VINCENT BRUNO, BRIAN VAUGHAN, CARMINE GARCIA, a/k/a “Spanish Carmine,” RICHARD O’CONNOR, ROBERT CAMILLI, and JOHN INCATASCIATO, along with other members and associates of La Cosa Nostra, committed a wide array of crimes in connection with their association with the mafia, including murder, attempted murder, assault, robbery, extortion, gambling, narcotics trafficking, witness tampering, fraud, money laundering, and trafficking in contraband cigarettes.
* * *
LONDONIO, 43, is a resident of Hartsdale, New York. The attempted escape charge, a violation of Title 18, United States Code, Section 751(a), carries a maximum prison term of five years. A chart containing the ages, residency information, and charges against all of the defendants named in the Superseding Indictment, as well as the maximum penalties they face, is attached. The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants will be determined by the judge.
Mr. Kim praised the outstanding investigative work of the Special Investigative Services of the Bureau of Prisons and the FBI’s Joint Organized Crime Task Force, which is composed of agents and detectives of the FBI, NYPD, Homeland Security Investigations, and the Waterfront Commission of New York Harbor. He added that the investigation is continuing.
Assistant U.S. Attorneys Scott Hartman, Hagan Scotten, and Jacqueline Kelly are in charge of the prosecution. The case is being handled by the Office’s Violent and Organized Crime Unit and White Plains Division.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Mathew Madonna, et al., S3 17 Cr. 89 (CS)
DEFENDANT
AGE
CITY OF RESIDENCE
CHARGES
MAX SENT.
Madonna, Matthew
81
Incarcerated
18 U.S.C. § 924(c)
18 U.S.C. § 924(j)
18 U.S.C. § 1959(a)(1)
18 U.S.C. § 1959(a)(5)
18 U.S.C. § 1962(d)
Life or the death penalty
Crea, Sr., Steven
69
Crestwood, NY
18 U.S.C. § 924(c)
18 U.S.C. § 924(j)
18 U.S.C. § 1959(a)(1)
18 U.S.C. § 1959(a)(3)
18 U.S.C. § 1959(a)(5)
18 U.S.C. § 1962(d)
Life or the death penalty
DiNapoli, Joseph
81
Bronx, NY
18 U.S.C. § 924(c)
18 U.S.C. § 1962(d)
Life
Crea, Jr., Steven
45
New Rochelle, NY
18 U.S.C. § 924(c)
18 U.S.C. § 924(j)
18 U.S.C. § 1959(a)(1)
18 U.S.C. § 1959(a)(3)
18 U.S.C. § 1959(a)(5)
18 U.S.C. § 1962(d)
Life or the death penalty
Truscello, Dominic
83
Staten Island, NY
18 U.S.C. § 924(c)
18 U.S.C. § 1962(d)
Life
Castelucci, John
57
Staten Island, NY
18 U.S.C. § 924(c)
18 U.S.C. § 1962(d)
Life
Corso, Tindaro
56
Staten Island, NY
18 U.S.C. § 924(c)
18 U.S.C. § 1962(d)
Life
Venice, Joseph
56
Yonkers, NY
18 U.S.C. § 924(c)
18 U.S.C. § 1962(d)
Life
Maffucci, James
69
Manhattan, NY
18 U.S.C. § 924(c)
18 U.S.C. § 1962(d)
21 U.S.C. § 846
Life
Datello, Joseph
66
Staten Island, NY
18 U.S.C. § 924(c)
18 U.S.C. § 1959(a)(3)
18 U.S.C. § 1962(d)
21 U.S.C. § 846
Life
Londonio, Christopher
43
Incarcerated
18 U.S.C. § 751(a)
18 U.S.C. § 924(c)
18 U.S.C. § 924(j)
18 U.S.C. § 1959(a)(1)
18 U.S.C. § 1959(a)(5)
18 U.S.C. § 1962(d)
21 U.S.C. § 846
Life or the death penalty
Cassano, Paul
38
Yonkers, NY
18 U.S.C. § 924(c)
18 U.S.C. § 1959(a)(3)
18 U.S.C. § 1962(d)
Life
Caldwell, Terrence
59
Incarcerated
18 U.S.C. § 924(c)
18 U.S.C. § 924(j)
18 U.S.C. § 1959(a)(1)
18 U.S.C. § 1959(a)(3)
18 U.S.C. § 1959(a)(5)
18 U.S.C. § 1962(d)
Life or the death penalty
Bruno, Vincent
33
Incarcerated
18 U.S.C. § 924(c)
18 U.S.C. § 1959(a)(3)
18 U.S.C. § 1962(d)
Life
Vaughan, Brian
51
Matawan, NJ
18 U.S.C. § 924(c)
18 U.S.C. § 1962(d)
21 U.S.C. § 846
Life
Garcia, Carmine
65
Hawthorne, NJ
18 U.S.C. § 924(c)
18 U.S.C. § 1962(d)
21 U.S.C. § 846
Life
O’Connor, Richard
63
Staten Island, NY
18 U.S.C. § 924(c)
18 U.S.C. § 1962(d)
21 U.S.C. § 846
Life
Camilli, Robert
60
Briarcliff Manor, NY
18 U.S.C. § 1962(d)
20 Years
Incatasciato, John
42
Elmsford, NY
18 U.S.C. § 1962(d)
20 Years
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment, and the descriptions of the Superseding Indictment set forth below, are only allegations, and every fact described should be treated as an allegation.
Alleged Heroin Cell Leader ExtraditedRead the Press Release
For Further Information, Contact: Assistant U.S. Attorney Adam Braverman (619) 546-6717
NEWS RELEASE SUMMARY – September 13, 2017
SAN DIEGO – Jose Rafael Camacho-Ontiveros, the alleged leader of a Mexican heroin trafficking organization, was extradited to the United States by Mexico yesterday and made his first appearance in federal court this afternoon.
A federal grand jury in San Diego returned an indictment on October 14, 2011, charging Camacho-Ontiveros and 11 other alleged members of the Mexican heroin trafficking organization. Camacho-Ontiveros was charged with Engaging in a Continuing Criminal Enterprise, Conspiracy to Distribute Heroin and Conspiracy to Commit Money Laundering. That same day, the Clerk of the Court issued a sealed warrant for his arrest. Six defendants remain fugitives.
In February 2010, Drug Enforcement Administration agents began investigating a Mexican drug trafficking organization that smuggled white heroin across the Southwest Border destined for various cities along the East Coast. The organization’s preferred smuggling method was to place the heroin in the soles of its couriers’ shoes. In total, DEA agents intercepted thirty-eight telephones during this year-long investigation resulting in fourteen heroin and money seizures throughout the United States.
This case is the result of 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.
Acting United States Attorney Alana Robinson stated, “Greedy drug traffickers are saturating our country with heroin, and the results are devastating. We will continue to aggressively pursue those responsible for the opioid crisis in the United States.”
“This country is in the midst of the worst opioid epidemic in history,” says DEA San Diego Special Agent in Charge William R. Sherman. “This case highlights DEA’s commitment to battling against the people who created this epidemic and have done so out of simple greed.”
Camacho-Ontiveros was flown by the United States Marshals Service from Mexico City to San Diego on September 12, 2017. He was arraigned on Wednesday, September 13, 2017, before U.S. Magistrate Judge William Gallo. The defendant is scheduled to appear for a detention hearing on Friday, September 15 at 9:45 a.m. before Judge Gallo.
DEFENDANT Criminal Case No. 11-CR-4701-DMS
Jose Rafael Camacho-Ontiveros, aka Rafa
SUMMARY OF CHARGES
Count 1: Title 21, United States Code, Section 848(a) – Engaging in a Continuing Criminal Enterprise
Count 2: Title 21, United States Code, Sections 841(a)(1) and 846 – Conspiracy to Distribute Heroin
Count 3: Title 18, United States Code, Sections 1956(a)(2)(A) and (h) – Conspiracy to Commit Money
Laundering
INVESTIGATING AGENCIES
Drug Enforcement Administration
Department of Justice, Organized Crime Drug Enforcement Task Forces
Department of Justice, Office of Enforcement Operations
Department of Justice, Office of International Affairs
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
14 Defendants Face Additional Federal Charges in Alleged Racketeering Conspiracy at Maryland’s Eastern Correctional InstitutionRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – A federal grand jury returned two superseding indictments charging 14 defendants with racketeering at the Eastern Correctional Institution in Westover, Maryland. The superseding indictments charged 6 correctional officers (COs), 4 inmates and 4 outside “facilitators,” for their roles in the conspiracy, which allegedly involved paying bribes to correctional officers to smuggle contraband, including narcotics, tobacco, and cell phones, into the prison. The indictments were returned on September 12, 2017, and made public today.
The superseding indictments were announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; and Secretary Stephen T. Moyer of the Maryland Department of Public Safety and Correctional Services.
According to the superseding indictments, the Eastern Correctional Institution (ECI) is the largest state prison in Maryland, operating since 1987 near Westover, in Somerset County, on Maryland’s Eastern Shore. ECI is a medium-security prison for men built as two identical compounds (East and West) on 620 acres, and housing more than 3,300 inmates. The East and West Compounds are further divided into Housing Units, 1 through 4 in the West and 5 through 8 in the East.
The first superseding indictment covers the West Compound at ECI and charges 6 defendants, including 2 COs, 1 ECI inmate, and 3 outside suppliers or “facilitators.” The second indictment covers the East Compound at ECI and charges 8 defendants, including 4 COs, 2 ECI inmates and 2 facilitators.
The superseding indictments allege that from in or about 2014, until in or about October 5, 2016, the COs smuggled contraband into ECI, including narcotics, cell phones, pornographic DVDs, and tobacco. These items were distributed by inmates, and the COs managed the proceeds of the sales. The “going rate” for a CO to smuggle contraband into ECI was $500 per package, although some COs charged more and some COs charged less. According to the superseding indictments, inmates and facilitators paid COs for smuggled contraband in cash, money orders, and through PayPal. Inmates were able to use contraband cell phones to pay COs directly using PayPal from within ECI. Inmates also received payments from other inmates for contraband through PayPal, often with the assistance of facilitators.
The superseding indictments allege that the defendants conspired to smuggle and traffic in narcotics within ECI, including marijuana and synthetic cannabinoids (otherwise known as “K2”), buprenorphine, commonly referred to as “Suboxone, and other contraband, including cell phones, pornographic videos, and tobacco, in order to expand their criminal operations. Inmates acted as both wholesalers and retailers of contraband and in the process made profits that far exceeded the profits that could be made by selling similar drugs on the street. For example, defendant inmates could purchase Suboxone strips for $3 each and sell them inside ECI for $50 each, or for a profit of more than 1000 percent.
According to the superseding indictments, although COs and other ECI employees were required to pass through security screening at the entrance to ECI, defendant COs were able to hide contraband on their persons. Further, COs took breaks during their shifts and returned to their cars to retrieve contraband. Once the COs had the smuggled contraband inside the facility, they delivered it to: inmates in their cells; clerks’ offices, which were private offices within each housing unit where an inmate clerk worked; the officers’ dining room where officers could interact with inmate servers and kitchen workers; and pre-arranged “stash” locations like staff bathrooms, storage closets, laundry rooms, and other places where contraband could be hidden and then later retrieved by inmates.
According to the superseding indictments, the defendants who were members of gangs sought and received contraband and payment from inmates who were not members of gangs in order to receive protection for their contraband trafficking activities.
Each defendant faces a maximum sentence of 20 years in prison for the racketeering conspiracy, and for conspiracy to distribute and possess with intent to distribute drugs.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
The Acting U.S. Attorney expressed appreciation to Secretary Moyer whose staff initiated the ECI investigation and who has made the full resources of the DPSCS available to assist the three-year investigation.
United States Attorney Schenning commended the FBI, U.S. Postal Inspection Service, Department of Public Safety and Correctional Services, the Baltimore Police Department, and Maryland State Police for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Leo J. Wise, Robert R. Harding, and Daniel C. Gardner, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
West Compound Indictment
Correctional Officers:
Rozlyn Bratten, age 32, of Snow Hill, Maryland; and
Kimberly Rayfield, age 38, of Crisfield, Maryland.
Inmates:
Ternell Lucas, age 43; and
Demario King, age 38.
Facilitators:
Leondrus Higgins, age 30, of Salisbury, Maryland; and
Chavia Savage, age 24, of Salisbury and Baltimore.
East Compound Indictment
Correctional Officers:
Sherima Bell, age 38, of Pocomoke, Maryland;
Jocelyn Byrd, age 40, of Salisbury;
Jessica Vennie, age 28, of Crowley, Texas; and
Robert Waters, age 33, of Salisbury.
Inmates:
Sean Smith, age 26; and
Alvin Williams, age 36.
Facilitators:
Eugene Bowen, age 52, of Salisbury, Maryland; and
Dameshia Vennie, age 35, of West Palm Beach, Florida.
Tuesday 12 September 2017
Yadkin Bank Branch Manager Pleads Guilty to Bank FraudRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that today in federal court, LIHN VAN NGUYEN, 39, of Fuquay-Varina, North Carolina, pleaded guilty to Bank Fraud. Under the terms of a plea agreement, NGUYEN faces up to 30 years in prison, $1,000,000 in fines, and 5 years of supervised release. Under additional terms discussed in court, NGUYEN also agreed to make restitution to victims, and to forfeit the proceeds of his offense.
According to the Criminal Information and evidence discussed in open court, between July of 2015 and February of 2016, NGUYEN was Manager for Retail and Business Banking at Yadkin Bank’s Preston Branch in Cary and Creedmoor Branch in Raleigh, within the Eastern District of North Carolina.
In or about 2014, L.S. was a customer of Yadkin Bank, where he maintained a checking account. or about June of 2015, NGUYEN established a line of credit at Yadkin Bank on behalf of L.S. L.S. did not desire to withdraw funds from the line of credit, but rather intended to only establish the credit to have funds available if needed.
On or about July 28, 2015 at 2:48 P.M., without knowledge or consent from L.S., NGUYEN established an “Online Banking Account” in the name of L.S. NGUYEN caused notifications regarding withdrawals from the account to be directed to an email address belonging to VAN NGUYEN, rather than L.S.
Beginning in or about July 29, 2015, and continuing through December 15, 2015, without knowledge or consent from L.S., NGUYEN caused disbursements from the Online Banking Account for the benefit of himself. Video surveillance showed NGUYEN depositing L.S.’s funds into NGUYEN’s personal accounts. The evidence further showed that NGUYEN used the funds to make mortgage payments and for other personal expenses.
Yadkin Bank was unaware of NGUYEN’s conduct at the time of the fraud, but terminated NGUYEN after it was discovered.
NGUYEN is presently scheduled to be sentenced on November 27, 2017.
The investigation of this case was conducted by the Federal Bureau of Investigation. Assistant United States Attorney William M. Gilmore, of the Economic Crimes Division, of the United States Attorney’s Office for the Eastern District of North Carolina, represents the United States.
Wilkes-Barre Man Guilty of Conspiracy to Distribute Bath SaltsRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Daniel Fitzgibbon, age 47, of Wilkes-Barre, Pennsylvania, pleaded guilty today before Senior U.S. District Court Judge James M. Munley to participating in a conspiracy to distribute alpha-pvp, commonly known as “bath salts.”
According to United States Attorney Bruce D. Brandler, Fitzgibbon admitted to agreeing with others to distribute the drug to customers in the Luzerne County area during 2014 and 2015. The members of the conspiracy obtained the alpha-pvp from suppliers in China.
Fitzgibbon also admitted that he and others used force, threats, and intimidation in connection with the drug conspiracy.
Fitzgibbon was one of seven people charged by a grand jury in August 2016. That indictment was the fourth wave of arrests connected to alpha-pvp distribution in Luzerne County. In all, 18 people have been charged in the case since July 2013, including a Texas-based supplier of the bath salts. Fitzgibbon is the fifteenth defendant to plead guilty in the case.
Judge Munley ordered a pre-sentence investigation to be completed and scheduled sentencing in the case for December 14, 2017.
The investigation was conducted by Homeland Security Investigations, the United States Postal Inspection Service, the Drug Enforcement Administration, the Pennsylvania State Police, and local police from Luzerne County. Assistant United States Attorney Francis P. Sempa is prosecuting the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Waterbury Man Pleads Guilty to Federal Escape ChargeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that CHRISTOPHER BRYAN COLEMAN, 28, of Waterbury, waived his right to be indicted and pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport to one count of escape from custody.
According to court documents and statements made in court, on December 22, 2014, COLEMAN was sentenced in New Haven federal court to 42 months of imprisonment, followed by two years of supervised release, for possession of a firearm by a convicted felon. On May 24, 2017, COLEMAN was transferred from a federal prison in Pennsylvania to a halfway house in Waterbury to serve the remainder of his sentence. On July 16, 2017, COLEMAN left the halfway house without prior authorization and did not return.
On August 9, 2017, the U.S. Marshals Service located COLEMAN at a private residence in Waterbury and arrested him. He has been detained since his arrest.
When he is sentenced, COLEMAN faces a maximum term of imprisonment of five years. A sentencing date is not scheduled.
COLEMAN’s criminal history also includes drug convictions and a conviction for escape in the first degree.
This matter is being prosecuted by Assistant U.S. Attorney Anthony E. Kaplan.
Violent Drug Trafficking Organization DismantledRead the Press Release
RALEIGH –The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that Monday a federal jury found SANDY DARNELL LEDBETTER, a/k/a B Stacks, 26, of Durham, guilty of Conspiracy to Distribute and Possess with Intent to Distribute Cocaine and Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and aiding and abetting the same. At sentencing, LEDBETTER faces a mandatory minimum sentence of five (5) years’ imprisonment, and a maximum penalty of life imprisonment and a $250,000 fine.
Today, co-defendant NIRILLA ALLEN-KEARNEY, 49, was sentenced to 24 months’ imprisonment for Conspiracy to Launder Monetary Instruments in relation to this drug trafficking organization.
Previously, the following co-defendants pleaded guilty. Their information is below:
Maurio Tajara Mitchell, 34, of Durham, pleaded guilty to Conspiracy to Distribute and Possess with the Intent to Distribute five (5) kilograms or more of cocaine, one (1) kilogram or more of heroin and a quantity of marijuana; Conspiracy to Commit Money Laundering; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; and Distribution and Possession with Intent to Distribute a Quantity of Marijuana. Mitchell faces a mandatory minimum sentence of fifteen (15) years’ imprisonment and faces up to life imprisonment. His sentencing is set for the November 6, 2017, term of court.
Mark Anthony Daye, 47 of Durham pleaded guilty to Conspiracy to Distribute and Possess with Intent to Distribute five (5) kilograms or more of cocaine, one (1) kilogram or more of heroin and a quantity of marijuana; and to Conspiracy to Launder Monetary Instruments. Daye faces a mandatory minimum sentence of 20 years’ imprisonment, and up to life imprisonment. His sentencing is set for the December 4, 2017, term of court.
Brian Jarrell Scott, 31, of Durham, pleaded guilty to Conspiracy to Possess with the Intent to Distribute 28 Grams or More of Cocaine Base, and Possession of a firearm in furtherance of a drug trafficking crime. On April 5, 2017, Scott was sentenced to ten (10) years (120 months) of imprisonment.
Demarcus Allen Medley, 26, of Durham, pleaded guilty to Conspiracy to Distribute and Possess with Intent to Distribute Cocaine; and Conspiracy to Launder Monetary Instruments. His sentencing is set for October 23, 2017.
Keijuane Mantese Mack, 22, of Durham, pleaded guilty to Conspiracy to distribute marijuana and on December 15, 2016, was sentenced to five (5) months’ imprisonment.
Rashad Jackson, 25, of Durham, pleaded guilty to Conspiracy to Possess with the Intent to Distribute Marijuana, and on December 8, 2016, was sentenced to nine (9) months’ imprisonment.
Beginning in January of 2016, the Raleigh-Durham Safe Streets Task Force of the FBI conducted a Title III Wiretap investigation into the Mario Mitchell Drug Trafficking Organization (“Mitchell DTO”). The investigation revealed that the Mitchell DTO is responsible for shipping and receiving large quantities of powder cocaine in the Triangle area, provided by cartel members in Los Angeles, California. This powder cocaine was further broken down and distributed to mid-level and street-level dealers in the Durham, North Carolina, and surrounding areas. This organization was supported and protected by the members of the Omega Line of the United Blood Nation, active on the south side of Durham. This violent street gang is responsible for a significant portion of the gang violence that Durham has seen over the past several years. The evidence at trial showed that LEDBETTER, an amateur rapper on both the “Faculty Entertainment” label run by MITCHELL, and his own label “YF,” was responsible for distribution of narcotics and possession of weapons in furtherance of his drug trafficking activities on and near the area of Enterprise Street on the south side of Durham. LEDBETTER was primarily supplied by MITCHELL, who, along with DAYE, had the connection to the Los Angeles cartel members. Over the course of the conspiracy, LEDBETTER was arrested with multiple weapons and ammunition, spent shell casings tied to shootings in the Durham area, multiple ski masks, fifteen cellular telephones, over $14,000 in United States Currency, a money counter, and drug paraphernalia including digital scales and Pyrex containers used to cook cocaine base (crack), which also field tested positive for cocaine residue.
This case was brought as a part of an Organized Crime Drug Enforcement Task Force (OCDETF) Operation investigating narcotics distribution and gang activity.
The case was investigated by the FBI’s Safe Streets Task Force, the Internal Revenue Serivce Criminal Investigation, the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Durham Police Department and the Durham County Sheriff’s Office. Assistant United States Attorney Leslie Cooley prosecuted the case on behalf of the government.
Under Agreement with DOJ and EPA, StarKist to Enhance Environmental and Safety Measures at Facility in American Samoa, Protecting Local Communities and Coastal WatersRead the Press Release
The U.S. Department of Justice and the U.S. Environmental Protection Agency (EPA) have reached an agreement with StarKist Co. and its subsidiary, Starkist Samoa Co., requiring the companies to make a series of upgrades to reduce pollution, improve safety measures, and comply with important federal environmental laws at their tuna processing facility in American Samoa.
Under the agreement, StarKist will pay a $6.3 million penalty and provide emergency response equipment to the American Samoa Department of Public Safety, Fire Services Bureau, for use in responding to chemical releases.
“The settlement is a significant environmental win for the community of American Samoa,” said Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division. “The Department will continue to identify violations and enforce federal laws designed to protect the environment and the public. As a result of this action, StarKist has already performed a significant amount of work to correct its violations and we will continue to work together with our partners to bring the facility back into compliance and prevent future violations.”
“Today’s agreement will help prevent hazardous releases at the StarKist facility, protect workers and the local community, and reduce pollution discharged into Pago Pago Harbor by more than 13 million pounds each year,” said Acting Regional Administrator Alexis Strauss with the EPA’s Pacific Southwest Region. “Working with our partners at American Samoa EPA, we will monitor the company’s progress toward full compliance with all federal environmental rules.”
In July 2014, the American Samoa Environmental Protection Agency informed EPA of a discharge pipeline break at the facility, which was spilling unpermitted wastewater into the inner Pago Pago Harbor. At that time, EPA began investigating the facility after monitoring reports submitted by StarKist revealed wastewater pollutant levels that consistently exceeded permitted levels. EPA’s investigations revealed that StarKist had changed the composition of the facility’s discharged wastewater such that its existing wastewater treatment system was inadequate.
After full implementation of the wastewater treatment system upgrades, the facility’s annual discharge of pollutants into Pago Pago Harbor, including total nitrogen, phosphorus, oil and grease, and total suspended solids, will be reduced by at least 85 percent – a total reduction of more than 13 million pounds of wastewater pollutants each year.
In addition to wastewater violations, EPA also found StarKist was improperly storing ammonia, butane, and chlorine gas, which the facility used on-site for refrigeration, operation of forklifts, and disinfection. The federal Clean Air Act requires companies to operate safely in order to prevent releases of hazardous chemicals that can harm workers and the surrounding community.
Starkist will also perform a Supplemental Environmental Project (SEP) requiring it to purchase and donate no less than $88,000 worth of specified emergency response equipment to the American Samoa Fire Department, the entity that would respond to a chemical release from the Facility on Tutuila Island. This SEP is an Emergency Planning and Preparedness project, which is a recognized category under EPA’s SEP Policy.
The agreement requires StarKist to improve the facility’s ammonia refrigeration system and discontinue using chlorine gas and butane, which will greatly reduce the risk of hazardous substance releases. In addition, the companies have submitted emergency planning information to local responders and will implement a new system for notifying the public in real time in the event of a release.
To prevent oil spills, the companies are upgrading four large above-ground oil storage tanks containing diesel oil, used petroleum oil, and food-grade oil—a byproduct of fish processing. The four tanks, located only feet from inner Pago Pago Harbor, were found to have inadequate secondary containment structures as required by the Clean Water Act. In its own audit, StarKist identified additional problems, including violations of hazardous waste management and notification regulations, and disclosed them to EPA.
Starkist Samoa Co. owns and operates the tuna processing facility, located at Route 1 on the northwestern side of Pago Pago Harbor in the village of Atu'u on the Island of Tutuila in American Samoa. Starkist Samoa Co. is a wholly owned subsidiary of StarKist Co. which in turn is owned by the Korean company Dongwon Industries. StarKist Co. is the world’s largest supplier of canned tuna. The American Samoa facility processes and cans tuna for human consumption and processes fish byproducts into fishmeal and fish oil.
For more information, please visit https://www.epa.gov/enforcement/starkist-clean-water-act-clean-air-act-resource-conservation-and-recovery-and-emergency.
The proposed consent decree, lodged in the U.S. District Court in Pittsburgh, Pennsylvania, is subject to a 30-day comment period and final court approval. A copy of the proposed consent decree is available on the Justice Department Web site at www.usdoj.gov/enrd/Consent_Decrees.html.
U.S. Attorney Urges Citizens to be Vigilant in Reporting Fraud, Waste, and AbuseRead the Press Release
COLUMBIA, SOUTH CAROLINA – Beth Drake, United States Attorney for the District of South Carolina, is urging South Carolina residents and businesses to be aware of and immediately report suspected fraud, waste or abuse relating to recovery, cleanup or relief operations for victims of Irma.
In anticipation of unprecedented fraud in connection with federal disaster relief following Hurricanes Katrina, Rita and Wilma, a Joint Command Center was established in Baton Rouge, La., to coordinate reports of fraud. The Command Center, now known as the National Center for Disaster Fraud, has since expanded its mission to include suspected fraud from any natural or manmade disaster. More than 20 federal agencies participate in the center, allowing it to act as a centralized clearinghouse of information. To date, the National Center for Disaster Fraud has received and screened more than 38,000 complaints and has referred more than 24,000 complaints of disaster fraud to law enforcement for investigation. From the Haiti earthquake to the floods in Rhode Island to tornadoes in Kansas - the U. S. Department of Justice and our partners in federal, state and local enforcement have protected benefits destined for our citizens who have been victimized by these disasters.
The public is reminded to be extremely cautious before providing personal identifying information or account data to anyone, especially those who may contact you. Please also be sure to undertake necessary inquiries before giving contributions to anyone soliciting contributions on behalf of disaster victims.
Members of the public who suspect fraud, waste, abuse or allegations of mismanagement involving disaster relief operations, or if you believe you have been victim of fraud from a person or an organization soliciting relief funds on behalf of disaster victims, please contact the National Disaster Fraud Hotline toll free at (866) 720-5721. The telephone line is staffed by a live operator 24 hours a day, 7 days a week. You can also fax information to the Center at (225) 334-4707 or email it to [email protected]. Fraud may also be reported directly to the United States Attorney’s Office in Columbia by contacting Assistant US Attorney John Potterfield at (803) 929-3000 or [email protected].
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Three Florida Residents Arrested After Law Enforcement Discovers Steroid and Fake Prescription Drug LabRead the Press Release
Montgomery Alabama – Three people have been arrested for their involvement in a steroid and fake prescription pill lab in North-West Florida, announced A. Clark Morris, Acting U.S Attorney for the Middle District of Alabama.
Ryan Anthony Sikora (25), John Joseph Bush, II, (26), Ariel Anna Murphy (28), all of Chipley, Florida, were indicted in August by a federal grand jury for conspiracy to import, manufacture, and distribute anabolic steroids and fake prescription drugs across the United States. On Friday, September 8, 2017, the last of the three defendants made their initial appearance before a Federal Judge in Montgomery, Alabama.
According to court documents, United States Postal Inspectors determined that large amounts of steroid and fake prescription drug ingredients were being shipped from China to various locations in South Alabama and North Florida. It is alleged that Sikora, Bush, and Murphy were using these raw materials and two large scale pill presses to mass-produce pills in an illegal drug lab discovered near Chipley, Florida. In the lab, law enforcement found a large amount of steroids in the form of vials, finished pills, and raw powder. Four types of fake prescription drugs were also discovered that were falsely labeled as Viagra, Cialis, Accutane, and Clomid. Each of those four drugs are regulated by the U.S. Food and Drug Administration (FDA) and are exclusively produced by major pharmaceutical companies. They also require a prescription to be legally dispensed. Sikora, Bush, and Murphy were allegedly advertising the drugs for sale online.
If convicted, Sikora, Bush, and Murphy each face a maximum prison sentence of 15 years as well as significant fines and restitution. There is no parole in the federal system.
An indictment is merely a method of alleging that a crime has been committed. All defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Acting U.S. Attorney A. Clark Morris would like to thank the following agencies for their assistance with this case: The United States Postal Inspection Service, The FDA Office of Criminal Investigations, Alabama Law Enforcement Agent (ALEA), the Florida Department of Law Enforcement (FDLE), the Washington County (Florida) Sheriff’s Office, and the Chipley, Florida Police Department. This case is being prosecuted by Assistant United States Attorney Bradley Bodiford.
Three Aliens Indicted on Illegal Reentry ChargesRead the Press Release
GREENVILLE – John Stuart Bruce, United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Greenville has returned indictments charging JESUS URIEL CALLEJA-SANDOVAL, age 21, of Mexico, CARLOS FRANCISCO MONROY-ROSALES, age 37, of El Salvador, and CARLOS FREDDY NOLASCO-DEL ZID, age 26, of El Salvador, with Illegal Reentry of a Deported Alien.
If convicted of Illegal Reentry of a Deported Alien, NOLASCO-DEL ZID, found in Robeson County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
MONROY-ROSALES, found in Wake County, is alleged to have been previously deported subsequent to a felony conviction (criminal threats). Therefore, if convicted, he would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
CALLEJA-SANDOVAL, found in Wake County, is alleged to have been previously deported subsequent to an aggravated felony conviction (conspiracy to commit larceny from the person). Therefore, if convicted, he would face a maximum imprisonment term of 20 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement Removal Operations.
Temple Hills Resident Pleads Guilty to Illegal Transportation of A FirearmRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4855
Greenbelt, Maryland –On September 11, 2017, Khyre Deangelo Wilson, age 24, of Temple Hills, Maryland, pleaded guilty in federal court to transport and receipt of firearms purchased outside his state of residency.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Acting Special Agent in Charge Arron J. Graves of the Bureau of Alcohol, Tobacco, Firearms and Explosives – Washington Field Division; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
According to Wilson’s plea agreement, on April 3, 2016, Wilson attempted to purchase three firearms from a federal firearm licensee (FFL) at a gun show in Fayetteville, North Carolina. The FFL refused to sell the firearms to Wilson when an employee noticed that Wilson indicated on an ATF Form 4473 that he was not purchasing the firearms for himself. The employee noticed that Wilson went to two other FFLs at the gun show to purchase firearms.
Two other FFLs at the Fayetteville, North Carolina gun show each sold Wilson two firearms. The firearms included a .45 caliber pistol, a 9mm pistol, a .40 caliber pistol, and a Zastava 7.62mm pistol. Wilson provided a North Carolina address on the ATF Form 4473 in connection with his purchases. The ATF investigated and determined that Wilson did not reside at the address he provided.
Wilson then transported the firearms he had purchased to the state of Maryland. Wilson was not, and never has been, a licensed importer, manufacturer, dealer, or collector of firearms. Wilson was aware that it was illegal to use a false address to purchase the firearms and to transport them to the state of Maryland.
Wilson faces a maximum sentence of five years in prison. Sentencing is scheduled for November 13, 2017 at 2:00 p.m.
Acting United States Attorney Stephen M. Schenning commended the ATF and the Prince George’s County Police Department for their work in the investigation. Mr. Schenning thanked Assistant United States Attorney Joseph Baldwin, who is prosecuting this case.
South Carolina Family Practice Chain, Its Co-Owner, and Its Laboratory Director Agree to Pay the United States $2 Million to Settle Alleged False Claims Act Violations for Illegal Medicare Referrals and Billing for Unnecessary Medical ServicesRead the Press Release
Washington - Family Medicine Centers of South Carolina LLC (FMC), has agreed to pay the United States $1.56 million, and FMC’s principal owner and former chief executive officer, Dr. Stephen F. Serbin, and its former Laboratory Director, Victoria Serbin, have agreed to pay $443,000 to resolve a False Claims Act lawsuit alleging that they submitted and caused the submission of false claims to the Medicare and TRICARE programs. FMC is a physician-owned chain of family medicine clinics located in and around Columbia, South Carolina, whose practices include Springwood Lake Family Practice, Woodhill Family Practice, Midtown Family Medicine, Saluda Pointe Family Medicine, Lake Murray Family Medicine, and the now closed Rice Creek Family Medicine.
The settlements announced today resolve allegations that FMC, as directed by Dr. Serbin, submitted claims to the Medicare Program that violated the physician self-referral prohibition, commonly known as the Stark Law, which is intended to ensure that a physician’s medical judgment is not compromised by improper financial incentives. The Stark Law forbids a clinic from billing Medicare for certain services ordered by physicians who have a financial relationship with the entity. In this case, the government alleged that the Stark Law was violated by FMC’s incentive compensation plan that paid FMC’s physicians a percentage of the value of laboratory and other diagnostic tests that they personally ordered through FMC, which FMC then billed to Medicare. Dr. Serbin, FMC’s co-owner and chief executive, allegedly initiated this program and reminded FMC’s physicians that they needed to order tests and other services through FMC in order to increase FMC’s profits and to ensure that their take-home pay remained in the upper level nationwide for family practice doctors.
“Financial arrangements that compensate physicians for referrals can sometimes encourage physicians to make decisions based on financial gain rather than patient needs,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice is committed to preventing illegal financial relationships that undermine the integrity of our public health programs and drive up the cost of healthcare for taxpayers.”
The settlements also resolve allegations that FMC, Dr. Serbin, and Victoria Serbin submitted and caused the submission of false claims to Medicare and TRICARE for medically unnecessary laboratory services by creating custom laboratory panels comprised of diagnostic tests not appropriate for routine measurement, performing these tests without an order from the treating physician, implementing standing orders to assure these custom panels were performed with defined frequency and not in reaction to clinical need, and programming FMC’s billing software to systematically change certain billing codes for laboratory tests to ensure payment by Medicare.
“Healthcare decisions should be made by physicians based on medical science and not with regard to maximizing the doctor’s own income,” said U.S. Attorney Beth Drake for the District of South Carolina. “Our goal in bringing this case was not only to recover money for improper healthcare claims, but also to deter similar conduct and promote health care affordability.”
The allegations settled today arose from a lawsuit filed by a physician formerly employed by FMC, Dr. Catherine A. Schaefer, under the whistleblower provisions of the False Claims Act. Under the act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. Dr. Schaefer will receive $340,510.
As part of the settlement announced today, FMC and the Serbins have also agreed to enter into a Corporate Integrity Agreement with the Department of Health and Human Services, Office of Inspector General (HHS-OIG), which ensures the Serbins will have no management role in FMC for five years and obligates FMC to undertake other substantial internal compliance reforms, including hiring an independent review organization to conduct annual claims reviews.
“Patients and taxpayers should expect that doctors’ best medical judgement is not clouded by improper financial incentives,” said Special Agent in Charge Derrick L. Jackson for HHS-OIG. “We will work tirelessly with our law enforcement partners to preserve government health funds by bringing violators to justice.”
“We applaud the Department of Justice and the U.S. Attorney for the District of South Carolina for holding this provider accountable for its actions,” said Deputy Director Guy Kiyokawa of the Defense Health Agency. “The provider’s actions impacted American service members, veterans and their families, diverting valuable resources through unnecessary tests. The Defense Health Agency continues to work closely with the Justice Department and other state and federal agencies to investigate all those who participated in these nefarious, fraudulent practices.”
This case was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of South Carolina, HHS-OIG and the Defense Health Agency.
The litigation and settlement of this matter illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 800-HHS-TIPS (800-447-8477).
The claims resolved by this settlement are allegations only, and there has been no determination of liability. The case is captioned United States ex rel. Schaefer v. Family Medicine Centers of South Carolina, LLC, Stephen F. Serbin, M.D. and Victoria Serbin, No. 3:14-cv-342-MBS (D.S.C.).
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Smith County Constable Sentenced for Federal Tax ViolationsRead the Press Release
TYLER, Texas – A long-time Smith County Precinct One Constable has been sentenced to federal prison for criminal tax violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Henry Phillip Jackson, 65, of Tyler, Texas pleaded guilty on May 16, 2017, to four counts of willful failure to file federal income tax returns and was sentenced to six months in federal prison today by U.S. Magistrate Judge K. Nicole Mitchell. Jackson was also ordered to pay restitution in the amount of $157,489.
According to information presented in court, Jackson, who has served as an elected constable since 1999, received income from 2010-2013 that required him to file federal income tax returns for those years. However, Jackson failed to file those returns and now owes more than $160,000 in taxes.
This case was investigated by the Internal Revenue Service – Criminal Investigations and the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Frank Coan.
San Jose Resident Sentenced for Using Identities of Homeless Individuals to File Fraudulent Tax ReturnsRead the Press Release
San Jose – Trong Nguyen, also known as John Nguyen, was sentenced to 25 months in prison for conspiring to file false claims against the government and submitting false claims to the government, announced United States Attorney Brian J. Stretch, Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division, Postal Inspection Service Inspector in Charge Rafael Nuñez, and Internal Revenue Service (IRS), Criminal Investigations, Special Agent in Charge Michael T. Batdorf.
According to the indictment, plea agreement, and documents introduced in court, Nguyen worked with codefendant Diep Vo, also known as Nancy Vo, to submit fraudulent tax returns to the government using the identities of homeless individuals and people in San Jose’s Vietnamese community. Vo went to homeless shelters and homeless encampments, where Vo falsely represented to homeless individuals that she could get them money from a government program designed to assist people who had not worked in previous years. In doing so, Vo convinced homeless individuals to write down their names, Social Security numbers, and signatures. Thereafter, Vo and Nguyen used the information and signatures to file false tax returns which claimed fraudulent refunds from the IRS. On the fraudulent tax returns, Vo and Nguyen wrote addresses to private mailboxes they rented, causing the IRS to send the fraudulently obtained tax refund checks to mailboxes Vo and Nguyen controlled. According to the plea agreement, Nguyen and Vo claimed more than $1.5 million in fraudulent refunds from the IRS.
Nguyen previously pleaded guilty to conspiring to file false claims against the government, in violation of 18 U.S.C. § 286, and submitting false claims to the government, in violation of 18 U.S.C. § 287. Vo later pleaded guilty to conspiring to file false claims against the government, in violation of 18 U.S.C. § 286; submitting false claims to the government, in violation of 18 U.S.C. § 287; mail fraud, in violation of 18 U.S.C. § 1341; and aggravated identity theft, in violation of 18 U.S.C. § 1028A.
Assistant United States Attorney Thomas Newman and Trial Attorney Gregory Bernstein of the Justice Department Tax Division are prosecuting the case. The prosecution is the result of an investigation by the United States Postal Inspection Service and IRS, Criminal Investigations.
Sacaton Man Sentenced to 41 Months for Domestic Violence Offenses on ReservationRead the Press Release
PHOENIX – Yesterday, Webster Wayne Norris, IV, 27, of Sacaton, Ariz., was sentenced by U.S. District Judge Douglas L. Rayes to 41 months in prison for two separate domestic violence offenses occurring on the Gila River Indian Community. Specifically, Norris was sentenced to 41 months’ imprisonment for assault by strangulation of a domestic partner, and a concurrent 41-month term for assault resulting in serious bodily injury. Norris previously pleaded guilty to both crimes. Upon release from prison, Norris will be on supervised release for three years.
In early 2016, Norris strangled the victim in their home. In April 2016, Norris again assaulted the victim, causing serious injury to the victim’s arm. Both Norris and the victim are members of the Gila River Indian Community.
The investigation in this case was conducted by the Gila River Police Department. The prosecution was handled by Christine D. Keller, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-16-1131-PHX-DLR
RELEASE NUMBER: 2017-083_Norris
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
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Rosemount Couple Sentenced to Prison for Stealing Millions from Hmong American Federal Credit UnionRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced the sentencing of NKAJLO VANGH, 61, and his wife TRUE YANG VANGH, 52, for orchestrating a years-long, multi-million dollar fraud scheme. NKAJLO VANGH was sentenced to 90 months in prison and TRUE VANGH was sentenced to 72 months in prison. Both defendants entered guilty pleas and were sentenced yesterday before Senior Judge Michael J. Davis in U.S. District Court in Minneapolis, Minn.
According to court documents, NKAJLO VANGH served as the President and Chairman of the Board of Directors for the Hmong American Federal Credit Union (“Hmong American FCU”) overseeing daily operations, authorizing checks, soliciting individuals to serve on the board of directors, and maintaining minutes for board meetings. TRUE VANGH was employed as the full-time manager of the Hmong American FCU and was responsible for hiring and managing employees, obtaining and maintaining credit union funds, assisting tellers with financial transactions, and ensuring proper reconciliation and documentation of credit union transactions.
According to the defendants’ guilty pleas and documents filed in court, the defendants diverted credit union funds to themselves and businesses they operated by fraudulently issuing loans from the Hmong American FCU and then transferring the money to accounts they controlled. As part of the scheme, the defendants submitted loan applications using fictitious names and falsified personal, employment and income information. In their respective capacities, the defendants approved the loans despite knowing that the information provided in the loan applications was false. After the loans were approved, the proceeds of the fraudulent loans were disbursed into accounts belonging to or controlled by the defendants. The defendants then used the proceeds to pay pre-existing, bogus loans that had also been disbursed by the Hmong American FCU to personal and business accounts they controlled. During the course of the scheme, the defendants approved and disbursed fraudulent loans totaling $2,075,000 from the Hmong American FCU.
This case is the result of an investigation conducted by the FBI.
Assistant U.S. Attorney Michelle E. Jones prosecuted the case.
Defendant Information:
TRUE YANG VANGH, 52
Rosemount, Minn.
Convicted:
- Bank Fraud, 1 count
Sentenced:
-
72 months in prison
-
Four years of supervised release
- $1,781,106 joint restitution
NKAJLO VANGH, 61
Rosemount, Minn.
Convicted:
- Bank Fraud, 1 count
Sentenced:
-
90 months in prison
-
Four years of supervised release
-
$1,781,106 joint restitution
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Rogers Man Sentenced to over 10 Years in Federal Prison for Drug TraffickingRead the Press Release
Fayetteville, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Christian Rodriguez, age 27, of Rogers, was sentenced today to 130 months in federal prison followed by three years of supervised release and was ordered to pay a $2,400.00 fine on one count of Possession with Intent to Distribute Methamphetamine. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, in January, 2017, the Rogers Police Department performed a traffic stop on Christian Rodriguez for not wearing a seat belt. As soon as the vehicle stopped, Rodriguez exited the car and fled the scene. After a short pursuit, Rodriguez was taken into custody. A search of the vehicle resulted in officers locating, two zip lock bags with approximately two ounces of methamphetamine, a set of digital scales and almost $4,000 in cash. The drugs were sent to the Arkansas State Crime Lab where they were confirmed to contain methamphetamine.
Rodriguez was indicted by a federal grand jury in March, 2017 and pleaded guilty in May, 2017.
This case was investigated by the Rogers Police Department. Assistant United States Attorney David Harris prosecuted the case for the United States.
Rockford Man Pleads Guilty to Mail FraudRead the Press Release
ROCKFORD — A Rockford man pleaded guilty today before U.S. District Judge Frederick J. Kapala to mail fraud.
CHARLES R. (“CHUCK”) HANSEN, 63, a financial planner, admitted that he schemed to defraud investors out of more than $700,000, using the mail to further his scheme.
According to a written plea agreement Hansen between 1996 and 2014 operated financial planning and real estate companies, including Senior Securities of Rockford LLC and Chicago Wealth Partners LLC. As part of his financial planning business, Hansen sold fixed annuities to retirement-age investors. In 2008, Hansen began to encourage some individuals to whom Hansen had previously sold fixed annuities to move their money from the secure investments to investments in Senior Securities and Chicago Wealth Partners, which Hansen told investors were real estate companies in which the investors could make a higher rate of return on their investment. Hansen used the investments in those two companies to rehab and sell homes in the Rockford and Chicago areas. Hansen admitted that he did not explain the risky nature of that sort of investment, and he told investors that their investments would remain secure.
Hansen further admitted that he entered into promissory notes with investors promising a high rate of return and that he convinced investors to renew their promissory notes for additional terms. At the time of the renewals, Hansen did not disclose to the investors that Senior Securities and Chicago Wealth Partners were failing and that he lacked sufficient funds to repay the investors the amounts owed to them pursuant to the original promissory notes.
Hansen admitted that as a result of his scheme, he caused investors to invest approximately $842,150 in Senior Securities and Chicago Wealth Partners, and that only $109,792 of that amount was returned to investors, causing the investors to suffer losses totaling approximately $732,257.
Hansen faces a maximum sentence of 20 years’ imprisonment, a term of supervised release of up to 3 years following imprisonment, and a maximum fine of $250,000 or twice the gross gain or gross loss resulting from that offense, whichever is greater, as well as full restitution. The sentence will be determined by the United States District Court, guided by the Sentencing Guidelines.
The guilty plea was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; E. C. Woodson, Inspector-in-Charge of the U.S. Postal Inspection Service in Chicago; and Tanya Solov, Director of the Illinois Securities Department of the Illinois Secretary of State.
The government is represented by Assistant U.S. Attorney Margaret J. Schneider.
Registered Sex Offender Pleads Guilty to Child Pornography ChargeRead the Press Release
PROVIDENCE – Victor C. Radbill, 33, of Woonsocket, pleaded guilty in federal court in Providence today to possession of child pornography.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Radbill, a registered sex offender on state probation for a previous conviction of possession of child pornography, admitted that he owned a digital media storage card which contained images and videos of child pornography found inside a clothes dryer at a Lincoln laundromat in October 2016.
Victor Radbill’s guilty plea is announced by Acting United States Attorney Stephen G. Dambruch; Lincoln Police Chief Brian W. Sullivan; and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
According to information presented to the court, on October 22, 2016, an SD card from a cell phone was found inside a dryer at a Manville laundromat. An individual at the laundromat viewed the contents of the SD card, discovered images of child pornography, and saw “selfies” of a person he recognized as a customer of the laundromat. An employee of the laundromat notified Lincoln Police. A Lincoln Police Department detective identified evidence in this matter, including a surveillance photograph which depicted Radbill in the laundromat on the afternoon the SD card was discovered. The matter was then referred to the Rhode Island State Police Internet Crimes Against Children (ICAC) task force.
A court authorized search of the SD card by detectives assigned to the ICAC task force revealed more than 500 images and 3 videos of child pornography, and “selfies” of Radbill. The investigation by the ICAC task force determined that the images were possessed by Radbill at the same time he was serving a sentence of five years probation on a state conviction of possession of child pornography. The forensic examination of the contents of the SD card revealed that the “selfies” of Radbill were taken on the same model cell phone Radbill admitted to owning.
Radbill was charged by way of a federal indictment on December 20, 2016. He was arraigned and ordered detained on December 28, 2016. According to court records, Radbill was convicted in Rhode Island state court on July 21, 2015, on a charge of possession of child pornography and sentenced to five years suspended with five years probation.
Radbill is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on November 28, 2017. Radbill faces a statutory sentence of between 10 and 20 years in federal prison, up to lifetime supervision, a fine of up to $250,000, and, unless the Court finds the defendant indigent, a mandatory $5,000 special assessment.
The case is being prosecuted by Assistant U.S. Attorneys Sandra R. Hebert and Denise M. Barton.
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Providence Resident Sentenced to Prison on 3rd Firearm ConvictionRead the Press Release
PROVIDENCE – Brandon M. Crumady, 30, of Providence, was sentenced today to 42 months in federal prison for being a felon in possession of a firearm, announced Acting United States Attorney Stephen G. Dambruch and Providence Police Chief Colonel Hugh T. Clements, Jr.
At sentencing, U.S. District Court Judge John J. McConnell, Jr., also ordered Crumady to serve 3 years supervised release upon completion of his term of incarceration. Crumady pleaded guilty on June 14, 2017. The government and the defense recommended the court impose a sentence of 42 months incarceration. The U.S. Sentencing Guideline imprisonment range in this matter is 41-51 months.
This case represents the third time Crumady has been charged and convicted of illegally possessing a firearm.
According to information presented to the court, on May 9, 2016, a Providence Police officer patrolling the area around a nightclub preparing to close for the evening came upon an occupied vehicle in a nearby parking lot. The officer illuminated the interior of the vehicle, and, as he did, he saw the front seat passenger reach into his waistband, remove a firearm and toss it onto the back seat. The officer recognized Brandon Crumady as the passenger in the vehicle. The officer was aware that Crumady had previously been convicted of a firearm offense.
The officer approached the vehicle with his service weapon drawn, and kept watch of the firearm and the occupants of the vehicle until additional officers arrived. Crumady was arrested and a loaded semi-automatic firearm was removed from the back seat.
According to court records, this case represents the third time Crumady has been convicted of illegally possessing a firearm. Previously, Crumady was convicted in Rhode Island state court in March 2007 for carrying a pistol without a license and felony possession of controlled substance offenses. He was sentenced to 4 months in prison followed by 56 months probation.
In a separate matter, Crumady was convicted in federal court on May 23, 2012, for being a felon in possession of a firearm. He was sentenced on August 17, 2012, to 37 imprisonment to be followed by 3 years supervised release. Crumady was on federal supervised release when he was arrested in this matter on May 9, 2016.
The case was prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
The matter was investigated by the Providence Police Department, with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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Pocatello Man Sentenced to Thirty Years in Federal Prison for Bank Robbery in Green RiverRead the Press Release
CHEYENNE – Donald Sample, aka Donald Alexander Sheriff, age 60, of Pocatello, Idaho, was sentenced by U.S. District Court Judge Alan B. Johnson to serve 360 months (30 years) in federal prison for bank robbery and the use of a firearm, the U.S. Attorney’s Office, Federal Bureau of Investigation, and Green River Police Department (GRPD) of Wyoming announced. He was ordered by Judge Johnson to pay $178,375 in restitution. Sheriff was convicted after a jury trial on June 30, 2017 and was sentenced on September 5, 2017 to serve 276 months (23 years) for the bank robbery and 84 months (7 years) for use of a firearm during the crime. He will serve the two sentences consecutively and remained in federal custody at the end of the hearing.
On June 1, 2013, Sheriff robbed the Wyochem Federal Credit Union in Green River, Wyoming of $175,300, which is the largest single loss in Wyoming history. This robbery was more sophisticated than a "typical" bank robbery. Sheriff had "cased" the bank prior to conducting the robbery, wore a fake beard as a disguise and latex gloves in an attempt not to leave fingerprints or DNA. He also wore an earbud connected to a police scanner enabling him to hear local police calls. Prior to the robbery, Sheriff had disabled the rear lock of the credit union, forcing the victim teller to a door where he was lying in wait.
Upon her arrival at the door, Sheriff confronted the victim teller, produced a firearm, and forced her inside the credit union. He then made her deactivate the alarm and open the vault. He emptied the vault and placed the money inside a garbage bag. Sheriff then made the victim teller lie on the floor, where he used flex ties to bind her hands behind her back before binding her feet together. Sheriff was in the credit union less than ten minutes. The Green River Police Department was first to respond and contacted the FBI.
On August 26, 2013, another bank robbery occurred at the 1st National Bank in Afton, Wyoming, where the robber wore a false beard, earbud, and a latex glove. The Afton Police Department, Lincoln County Sheriff’s Office, and the Wyoming Highway Patrol responded and took Sheriff into custody twenty miles south of Afton a short time later. Inside his vehicle, police found earbuds, latex gloves, a false beard, a police scanner, an Apple iPhone wrapped in tinfoil, the bank robbery demand note, as well as about $8,000 in cash from the bank.
In March 2014, Sheriff pleaded guilty to the state charges of robbery and being a habitual criminal. He was sentenced to twenty to thirty-five years of imprisonment in the custody of the Wyoming Department of Corrections.
Sheriff was categorized as an armed career criminal based on his conviction for ten prior bank robberies between 1982 and 1989. Sheriff was released from his 1989 prison sentence on 2008 and successfully completed supervised release in 2011.
The Green River Police Department was an indispensable partner with the FBI, working hand in hand throughout the three-year investigation to bring Sheriff to justice. The FBI utilized resources from the FBI Laboratory, the FBI Denver Division, FBI Salt Lake City Division, and the FBI Milwaukee Division. A successful prosecution would not have been possible without the support of the Afton Police Department, the Lincoln County Sheriff’s Office, and the Wyoming Department of Corrections.
The case was prosecuted by Assistant United States Attorney Stephanie I. Sprecher.
Pocatello Man Pleads Guilty to Transporting Child PornographyRead the Press Release
POCATELLO - Craig Marshall Grayson, 30, of Pocatello, Idaho, pleaded guilty yesterday to transportation of child pornography, Acting U.S. Attorney Rafael Gonzalez announced. Grayson was indicted by a federal grand jury in Pocatello on February 28, 2017.
According to the plea agreement, law enforcement agents downloaded four sexually exploitative videos of a minor from an individual later identified as Grayson between July 5 and August 12, 2016. A search of Grayson’s home and computer devices revealed his additional possession of approximately 978 images and 65 videos of child pornography.
The charge of transportation of child pornography is punishable by at least five, and up to 20, years in prison, a maximum fine of $250,000, and five years, up to a life term, of supervised release.
Sentencing is set for November 27, 2017, before U.S. District Judge David C. Nye at the federal courthouse in Pocatello.
The case was investigated by U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Idaho Internet Crimes Against Children Task Force.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Peabody Man Sentenced for Oxycodone TraffickingRead the Press Release
BOSTON – A Peabody man was sentenced today in federal court in Boston for distributing oxycodone throughout the North Shore area.
Eric Vaughn, 36, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to two years in prison and three years of supervised release. In March 2017, Vaughn pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute oxycodone.
In March 2014, federal investigators began tracking the activities of Joseph Romano and eight co-defendants. Through surveillance and a cooperating source, investigators were able to make controlled purchases of oxycodone from Romano and his associates. Co-defendants Anthony Panarese, Jarod Presterone and Paul Williams were oxycodone suppliers, and on roughly a weekly basis, Romano contacted each of them separately to arrange meetings to obtain oxycodone pills for redistribution.
In July 2015, Panarese learned that law enforcement officers were conducting surveillance of his residence. As a result, Panarese moved his oxycodone supply to Vaughn’s residence and, thereafter, Vaughn distributed oxycodone on Panarese’s behalf.
Romano was sentenced to four years in prison; Panarese was sentenced to 46 months in prison; Marcelle Milbury was sentenced to one year in prison; and Sans Milbury, who completed the Court-sponsored RISE program, was sentenced to three-years of probation. Co-defendants Presterone, Ashley Turner, David Turner Sr., and Williams have all pleaded guilty and are awaiting sentencing.
Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Office; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Chief Patrick M. Ambrose of the Danvers Police Department made the announcement. Assistant U.S. Attorney James E. Arnold of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.
Overdose Investigation Leads to Heroin Distribution Charge against Danbury ManRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, announced that JOSE GREGORY CHARON, also known as “Yoshi,” 31, of Danbury, was arrested today on a federal criminal complaint charging him with possession with intent to distribute, and distribution of, heroin.
CHARON appeared before U.S. Magistrate Judge William I. Garfinkel in Bridgeport and was ordered detained. The offense carries a maximum term of imprisonment of 20 years.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
As alleged in the criminal complaint, on April 9, 2017, the Danbury Police Department responded to Danbury residence on a report of an untimely death of a woman. Evidence collected from the scene included three cellphones, a bottle of methadone and an empty glassine bag marked with a particular brand stamp.
The Office of the Chief Medical Examiner determined that the victim died on April 8, 2017, as a result of a methadone and benzodiazepine (Xanax) overdose.
It is further alleged that, in May 2017, investigators made two controlled purchases of heroin from CHARON. Several of the bags of heroin purchased on both occasions were marked with the same brand stamp that was on the empty bag found in the overdose victim’s residence.
U.S. Attorney Daly stressed that a complaint is only a charge and 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 DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force and the Danbury Police Department. The Task Force includes members from the Bridgeport, Stamford, Stratford, Norwalk and Milford Police Departments, and the Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito and David C. Nelson.
Omaha Man Sentenced to 18 Months in Prison for Possessing Child PornographyRead the Press Release
Acting U.S. Attorney Robert C. Stuart announced that Rodney G. Hiner, 59, of Omaha, was sentenced in federal court in Omaha for possessing child pornography. Chief Judge Laurie Smith Camp sentenced Hiner to 18 months of imprisonment. After his release from prison, Hiner will begin a five-year term of supervised release and be required to register as a sex offender.
On July 7, 2016, officers with the Douglas County Sheriff’s Office and the FBI Cyber Crimes Task Force searched Hiner’s home in Omaha. His cell phone contained more than 125 images of child pornography, most of which depicted children between the ages of 2 and 13 engaged in sexually explicit conduct.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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 was investigated by the Omaha FBI's Cyber Crime Task Force (CCTF).
Ohio man admits to trafficking heroin and cocaineRead the Press Release
WHEELING, WEST VIRGINIA – A Youngstown man admitted today to trafficking heroin and cocaine, Acting United States Attorney Betsy Steinfeld Jividen announced.
Daryl “Malik” Walter Hall, age 31, pled guilty to one count of “Conspiracy to Distribute Heroin and Cocaine Base.” The crime occurred between August 2016 to April 2017 in Hancock County.
Hall faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Hancock/Brooke/Weirton Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Frederick R. Stamp, Jr., presided.Ohio Man Sentenced to 33 Months in Prison for Defrauding Essex County, New Jersey, Company Out of More Than $950,000Read the Press Release
NEWARK, N.J. – A Milford, Ohio, man was sentenced today to 33 months in prison for using an Essex County, New Jersey, medical company’s credit card without the company’s permission to fraudulently obtain more than $950,000, Acting U.S. Attorney William E. Fitzpatrick announced.
John Tekulve, 44, previously pleaded guilty before U.S. District Judge Katharine S. Hayden to an information charging him with wire fraud. Judge Hayden imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
From January 2011 through October 2012, Tekulve owned a medical supply company that sold products to an Essex County medical company. He obtained the company’s credit card information, which he used to fraudulently bill the company nearly $1 million for products and services that neither Tekulve nor his medical supply company provided. Tekulve then used the proceeds of the scheme for his own purposes, including the purchase of high-end automobiles and jewelry.
In addition to the prison term, Judge Hayden sentenced Tekulve to three years of supervised release and ordered him to pay restitution of $977,418.75.
Acting U.S. Attorney Fitzpatrick credited special agents with the U.S. Secret Service, under the direction of Special Agent in Charge Mark McKevitt in Newark, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Veronica Allende of the U.S. Attorney’s Office in Trenton.
Defense counsel: Peter Carter Esq., Newark
Municipal, State, and Federal Partnership Targets Fentanyl TraffickersRead the Press Release
Anchorage, Alaska – Acting U.S. Attorney Bryan Schroder announced today that a federal grand jury in Anchorage has returned a series of indictments charging individuals with fentanyl trafficking and other criminal offenses. Fentanyl, sometimes known on the street as “Grey Death,” is a powerful opioid that is up to 50 times more powerful than heroin. The Drug Enforcement Administration (DEA) has issued nationwide alerts on fentanyl as a threat to health and public safety, as well as to law enforcement officers, who were warned by DEA two months ago to take extreme precautions when handling fentanyl, because exposure to an amount equivalent to a few grains of sand can result in death.
In the recently indicted cases, Sergio Jauna Devoe, 27, of Anchorage, was charged with possession with the intent to distribute quantities of methamphetamine and fentanyl, on or about May 5, 2017. Devoe was also charged with possession of a firearm in furtherance of a drug trafficking crime. If convicted, Devoe faces a mandatory minimum ten-year sentence, with a maximum of life imprisonment.
Misty G. Thomas, 25, of Anchorage, was charged with possession with the intent to distribute quantities of methamphetamine and fentanyl, on or about Oct. 6, Oct. 7, and Nov. 9, 2016. If convicted, Thomas faces a mandatory minimum of five years in prison, and a maximum sentence of 40 years in prison. Thomas was also charged in a separate indictment for fraudulent activity in connection with identification documents. According to the indictment, on or about Feb. 18, 2017, Thomas knowingly posed as “E.B.” to a Fred Meyer employee, a licensed dealer of firearms, and used E.B.’s identification to falsely purchase three firearms. If convicted, Thomas faces a maximum of ten years in prison on the firearm charges, as well as a mandatory consecutive two-year sentence based on the theft of “E.B.’s” identity to purchase the firearms.
Finally, Charles Jeffery Mosley, Jr., 36, of Anchorage, was charged with possession with the intent to distribute over 100 grams of heroin, on or about July 12, 2017. Mosley was also charged for being a felon in possession of a firearm, and for possession of a firearm in furtherance of a drug trafficking crime. Mosley faces a mandatory minimum ten-year sentence.
Acting U.S. Attorney Bryan Schroder stated, “For Americans under the age of 50, drug overdoses are the leading cause of death. The trafficking of fentanyl can only worsen this tragedy. We are thankful to be able to work collaboratively with our state and local partners – not just in prosecuting the traffickers of opioids, but also in finding solutions to this epidemic. These solutions include prevention and education efforts, as well as task forces that include medical and health professionals.”
These cases are being handled by Special Assistant U.S. Attorney James Stinson, who is an Anchorage municipal prosecutor. Since 2007, the Municipality of Anchorage has assigned prosecutors to the U.S. Attorney’s Office to work on cases that have direct impact on the safety of Anchorage residents, such as drugs, guns, and violent crime. The Anchorage District Attorney’s Office also participated in the prosecution and referral of the cases, which were investigated by the Anchorage Police Department, the Drug Enforcement Administration, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Men Sentenced to Five Years for Stealing 35 GunsRead the Press Release
ALEXANDRIA, Va. – Two men were each sentenced today to five years in prison for their roles in a conspiracy to steal firearms from businesses in Virginia.
Preston G. Holmes III, 24, and Matthew D. Jones, 23, both of Prince George’s County, Maryland, were convicted by a federal jury on July 3 of conspiracy and theft of firearms from a federally licensed firearms dealer. According to court documents and evidence presented at trial, Holmes and Jones participated in the burglary of a Federal Firearms Licensee (FFL) in Chantilly, where they stole 35 semi-automatic handguns. Holmes and Jones were also involved in attempted thefts of firearms from FFLs in Spotsylvania County and Fredericksburg.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Arron J. Graves, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by U.S. District Judge Gerald Bruce Lee. Assistant U.S. Attorney Alexander E. Blanchard and former Assistant U.S. Attorney Michael E. Rich prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-67.
Martinsburg men indicted on drug distribution chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Two Martinsburg, West Virginia men were indicted by a federal grand jury on July 25, 2017 of drug distribution charges, Acting United States Attorney Betsy Steinfeld Jividen announced.
Christopher Deshaun Walker, age 28, was indicted on two counts of “Possession with Intent to Distribute Cocaine Base,” one count of “Distribution of Heroin,” one count of “Aiding and Abetting the Distribution of Heroin,” and one count of “Possession with Intent to Distribute Heroin.”
Henry Aaron Shepherd, age 36, was indicted on one count of “Aiding and Abetting the Distribution of Heroin.”
The crimes are alleged to have occurred from May to November 2015 in Berkeley County, West Virginia.
Assistant U.S. Attorney Paul T. Camilletti is prosecuting the case on behalf of the government. The Eastern Panhandle Drugs & Violent Crime Task Force, a HIDTA-funded initiative, and the Berkeley County Sheriff’s Office are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Marion County man sentenced for mail fraudRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Fairmont, West Virginia man was sentenced today to six months incarceration for mail fraud, Acting United States Attorney Betsy Steinfeld Jividen announced.
Bryce Martin, age 26, of Fairmont, pled guilty to one count of “Mail Fraud” in June 2017. Martin admitted to taking part in a staged vehicular accident in January 2012 in Harrison County. He also admitted to faking injuries from said accident and filing a false insurance claim, from which he, and others, received insurance settlements of approximately $101,500. Martin also admitted his role in procuring an insurance settlement check in someone else’s name in the amount of $46,500.
Martin was ordered to pay $152,603.64 in restitution.
Assistant U.S. Attorney Andrew R. Cogar prosecuted the case on behalf of the government. The West Virginia Insurance Commission Office of Inspector General and the United States Postal Inspection Service investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Man Sentenced to over 7 Years in Prison for Armed Robbery of Mail Carrier in Rancho CordovaRead the Press Release
SACRAMENTO, Calif. — Juan Carlos Maldonado, 22, originally of Michoacán, Mexico, was sentenced today to seven years and three months in prison by U.S. District Judge John A. Mendez for the armed robbery of a U.S. mail carrier, participation in a bank fraud scheme, and aggravated identity theft, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on June 21, 2016, Maldonado and others followed a U.S. letter carrier in a Rancho Cordova neighborhood using a sport utility vehicle with its plates removed. They pulled alongside the postal truck and when the carrier stepped out to deliver mail, Maldonado wielded a pistol at the carrier and robbed him at gunpoint. During the robbery, Maldonado and his associates raided the postal truck, stealing over 800 items of U.S. Mail. Following the robbery, they rifled through the stolen mail for personal identification and financial information, which Maldonado used and provided to others for use to defraud financial institutions.
On June 30, 2016, Maldonado was arrested by the El Dorado County Sheriff’s Office at the Red Hawk Casino while attempting to access proceeds from credit cards stolen during the robbery. Maldonado pleaded guilty to the charges on June 6, 2017.
San Francisco Division Inspector in Charge Rafael Nunez stated: “Working with the U.S. Attorney’s Office and our partners in law enforcement, Postal Inspectors arrested this individual for the armed robbery of a U.S. Postal Service Letter Carrier. Protecting postal employees from harm is the U.S. Postal Inspection Service’s top priority.”
This case was the product of an investigation by the United States Postal Inspection Service and the United States Postal Inspection Service’s Narcotic and Economic Crimes Investigations Task Force (NECI) with assistance from the El Dorado County Sheriff’s Office, the El Dorado County District Attorney’s Office, and the Rancho Cordova Police Department. NECI is a partnership between local and federal law enforcement to combat theft and unlawful use of the U.S. Mail. The Placer County District Attorney’s Office and Sutter County Sheriff’s Office have each dedicated law enforcement personnel to the task force. Assistant United States Attorney Michelle Rodriguez prosecuted the case.
Man Pleads Guilty to Child Pornography ChargeRead the Press Release
NORFOLK, Va. – A Chesapeake man pleaded guilty today to receipt of child pornography.
According to court documents, Charles McClung, 64, was a member of an online bulletin board dedicated to trading child pornography. The board was hosted on the dark net and had over 1,500 members. Agents with Homeland Security Investigations (HSI) began an investigation into the board in September 2015, and McClung was identified downloading content from the board in December 2015. As a result of the investigation, HSI and other law enforcement executed a federal search warrant of McClung’s residence in Chesapeake and found hundreds of thousands of images of child pornography.
McClung faces a mandatory minimum of 5 years in prison and a maximum of 20 years in prison when sentenced on January 17, 2018. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, made the announcement after U.S. Magistrate Robert J. Krask accepted the plea. Assistant U.S. Attorney Elizabeth M. Yusi is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:17-cr-105.
MS-13 Gang Member Sentenced to 45 Years’ Imprisonment for Murder Conspiracies and Attempted Murders on Long IslandRead the Press Release
Earlier today at the federal courthouse in Central Islip, New York, Anibel Rondolpho Rodriguez, a member of La Mara Salvatrucha, also known as MS-13, an international criminal organization, was sentenced by United States District Judge Joseph F. Bianco to 45 years’ imprisonment following the defendant’s March 30, 2017 guilty plea to racketeering charges including two murder conspiracies, two attempted murders, and threatening to commit assault.
The sentence was announced by 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 Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD).
“The defendant, and other members of the Hempstead clique of the MS-13, unleashed a wave of violence in Nassau County that included murders and vicious assaults,” stated Acting United States Attorney Rohde. “Today’s sentence sends a strong message that this Office and our federal, state and local law enforcement partners will work together to ensure that all those who threaten our communities are brought to justice.” Ms. Rohde also extended her appreciation to the members of the FBI’s Long Island Gang Task Force for their tireless efforts during the investigation.
“It is disturbing and unsettling to investigate a group of people and keep discovering in case after case that they truly have no respect for human life,” stated FBI Assistant Director-in-Charge Sweeney. “MS-13 gang members actually revel in killing anyone who crosses them, regardless our Long Island Gang Task Force continues to work with the community to keep the gang from wreaking havoc on innocent people. We will use every tool we have to decimate MS-13 and keep them from rebuilding their ranks.”
“The arrest, conviction and sentencing of defendant Anibel Rondolpho Rodriguez is an excellent example of the professionalism and dedication of numerous law enforcement agencies that have worked tirelessly and collaborated on this case,” stated NCPD Commissioner Ryder. “Our residents and communities will be safer with defendant Rodriquez incarcerated along with his other co-conspirators. Gangs and their heinous crimes can never be tolerated in any community and we are taking a proactive approach to keep our residents and police safe.”
Conspiracy to Murder Miguel Perez
According to court documents previously filed in the case, on August 9, 2012, Rodriguez, also known as “Peluche,” agreed with two co-conspirators to kill Miguel Perez, who was associated with the Zulu Nation gang. The Zulu Nation gang had an ongoing dispute with members of the Hempstead Locos Salvatruchas clique of the MS-13. While the defendant was talking to Perez outside the victim’s house in Freeport, New York, a co-conspirator fatally shot Perez three times with a 9mm. handgun.
Conspiracy to Murder Jose Ivan Reyes-Lainez and Attempted Murder of Jane Doe
On October 6, 2013, in Hempstead, New York, the defendant and six co-conspirators confronted Jose Ivan Reyes-Lainez about his suspected membership in a rival gang. The defendant and his co-conspirators decided to kill Reyes-Lainez, as well as Jane Doe, who had accompanied Reyes-Lainez, to prevent her from being a witness to the murder. Reyes-Lainez was fatally stabbed more than two dozen times, and Jane Doe was stabbed 18 times but she survived her injuries.
Attempted Murder of John Doe No. 1
On September 14, 2013, a group of MS-13 members including the defendant confronted John Doe No. 1 and another individual who they believed to be members of the rival Bloods street gang in Roosevelt, New York. The defendant grabbed a baseball bat from the individual and struck John Doe No. 1. The defendant’s co-conspirators also struck John Doe No. 1 with a wooden board, stabbed him with a screwdriver, and punched and kicked him.
Assault of John Doe No. 2
On October 6, 2013, in Hempstead, MS-13 members including the defendant approached John Doe No. 2 and asked him whether he was a gang member, questioning him about a tattoo on his arm. John Doe No. 2 denied any gang membership and was walking away from the group when he was stabbed and kicked by the MS-13 members, including the defendant.
The conviction of Rodriguez is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or cliques, the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in this district. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010 alone, this Office has obtained indictments charging MS-13 members with carrying out more than 40 murders, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Immigration and Customs Enforcement – Homeland Security Investigations, NCPD, Suffolk County Police Department, Nassau County Sheriff’s Office, Suffolk County Probation, Suffolk County Sheriff’s Department, Rockville Centre Police Department and New York State Police.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Raymond A. Tierney and Paul G. Scotti are in charge of the prosecution.
The Defendant:
ANIBEL RONDOLPHO RODRIGUEZ
Age: 29
Residence: Freeport, New York
E.D.N.Y. Docket No. 14-CR-68 (JFB)
Louisburg Man Sentenced for Several Firearm OffensesRead the Press Release
GREENVILLE – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that today in federal court, Senior United States District Judge Malcolm J. Howard sentenced DAVID EARL GILL, JR., 26, of Louisburg, North Carolina, to 216 months of imprisonment followed by 5 years of supervised release and ordered to pay $4,477.07 in restitution.
On May 12, 2017, GILL pled guilty to carjacking and using, carrying, and brandishing a firearm during and in relation to a crime of violence and possessing and brandishing a firearm in furtherance of a crime of violence. Additionally GILL plead guilty to possession of a stolen firearm in the Northern District of Georgia.
According to the Indictment and information in the public records, on July 31, 2015, GILL and his codefendant Kyara Nicole Jones, forced entry into a residence in Louisburg, North Carolina. GILL was armed with a sawed off shotgun and forced the homeowner into a closet and barricaded the door with furniture and took the homeowner’s vehicle. Jones previously pled guilty for her role on January 12, 2017 and will be sentenced later this year.
On August 5, 2015, GILL pawned a shotgun that was reported stolen from Rockingham County at a store in McDonough, Georgia. The next day, law enforcement officers in McIntosh arrested GILL when they located him driving the stolen vehicle from Louisburg, North Carolina.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Franklin County Sheriff’s Office, Rockingham County Sheriff’s Office, the McIntosh, Georgia, Sheriff’s Office, and the Henry County, Georgia, Police Department. Assistant U.S. Attorney Jane Jackson prosecuted the case for the Eastern District of North Carolina and Assistant U.S. Attorney Bret Hobson prosecuted the case for the Northern District of Georgia.
Long-Time Gang Member Sentenced to Nearly 8 Years in Prison for being a Felon in Possession of a FirearmRead the Press Release
A long-time member of a south Seattle street gang was sentenced today in U.S. District Court in Seattle to 92 months in prison, and three years of supervised release, announced U.S. Attorney Annette L. Hayes. SAMUEL N. REZENE, 30, denies his gang membership, but has a lengthy criminal history involving drug trafficking, promoting prostitution and firearms. REZENE was the target of multiple shooting incidents including one in February 2012, when REZENE’s then girlfriend was shot and killed while riding in the car REZENE was driving. At the sentencing hearing today U.S. District Judge James L. Robart said whether or not REZENE is a gang member, “he has chosen a life of crime and has been involved in multiple dangerous situations.”
“Today, the violence that has surrounded this defendant for more than five years comes to an end,” said U.S. Attorney Annette L. Hayes. “Law enforcement has traced numerous drive-by shootings – one of them deadly – to the violence this defendant embraced. By sending this defendant to prison for illegally possessing firearms, the community will be protected from further violence and the devastation that always follows in its wake.”
According to records filed in the case, in 2011 and 2013, REZENE and one or more associates were involved in two different drug robberies of rival gangsters. In retaliation for these robberies, REZENE, his home and vehicles were repeatedly the targets of drive-by shootings. In retaliation, REZENE’s associates shot up a business associated with the rival gang. On May 15, 2014, REZENE was shot multiple times while at a gas station in Renton. REZENE grabbed a gun from the center console of his car and attempted to return fire, and then collapsed. REZENE was taken to Harborview Medical Center and survived the shooting. His assailant has never been found. At the time of the shooting REZENE had multiple felony convictions, including convictions for drug trafficking, illegal firearms possession, promoting prostitution, and attempting to elude a police vehicle. These convictions prohibit him from possessing a firearm.
Even after the May 2014 shooting at the gas station, REZENE continued his violent ways. After being released from the hospital, law enforcement spotted him shooting at a business associated with a rival gang in October 2014. REZENE was sentenced to 31 months in state custody for a related firearms offense. He was charged federally in December 2014 and was found guilty at a bench trial in May 2017.
The case was investigated by the Renton Police Department and the Seattle Police Department with assistance from the FBI.
The case was prosecuted by Assistant United States Attorneys Todd Greenberg and Stephen Hobbs.
Lebanon County Man Sentenced to over 15 Years’ Imprisonment for Drug Conspiracy and Possession of A FirearmRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that LezFrank Vargas-Herrera a/k/a Christian Rivera Rios, age 25, of Lebanon, Pennsylvania, was sentenced on September 11, 2017, to 181 months’ imprisonment by Chief United States District Court Judge Christopher C. Conner, for conspiracy to possess with intent to distribute heroin and cocaine hydrochloride and possession of a firearm in furtherance of drug trafficking.
According to United States Attorney Bruce D. Brandler, eleven defendants were originally indicted by a federal grand jury in July 2015.
The charges stem from an investigation in which the Department of Homeland Security Investigations (HSI) agents in Lebanon County intercepted packages sent from Santo Domingo, Dominican Republic to the United States between June and October 2014. The packages contained kilogram quantities of heroin and cocaine hydrochloride concealed inside electronics and car parts. The offense involved at least nine kilograms of cocaine hydrochloride and seven kilograms of heroin (which equals approximately 280,000 retail bags of heroin). Vargas-Herrera was also found in possession of a Glock 9mm handgun, a loaded magazine, and ammunition when he was arrested by law enforcement.
The following co-defendants were previously sentenced by Chief Judge Conner:
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Glauco Kelvin Celedonio-Smith, age 20, to 180 months’ imprisonment;
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Wilson Herrera, age 22, to 120 months’ imprisonment;
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Felix Rodriguez-Pabon, age 25, to 87 months’ imprisonment;
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Lional Martinez-Osaria, age 30, to 68 months’ imprisonment;
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Yefries Guillan-Herrera, age 24, to 57 months’ imprisonment;
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Wilfreddy Perez, age 24, to 35 months’ imprisonment; and
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Jose Pena-Herrera, age 22, to 12 months’ imprisonment.
Luis Beato-Herrera and Nelson Martinez are awaiting sentencing.
The investigation was conducted by HSI, the Pennsylvania State Police, the Berks County District Attorney’s Office Detective Unit, and the U.S. Customs & Border Protection. The case was prosecuted by Assistant United States Attorney Daryl F. Bloom.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
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Kansas Sex Offender Sentenced for Transporting Virginia Teen for SexRead the Press Release
KANSAS CITY, KAN. - A registered sex offender from Kansas was sentenced Tuesday to 15 years in federal prison for picking up a 16-year-old girl in Virginia and taking her across state lines to have sex with him, U.S. Attorney Tom Beall said.
Logan Viquesney, 21, Kansas City, Kan., pleaded guilty to one count of interstate transportation of a minor to engage in sexual activity. In his plea, he admitted he communicated with the victim over the internet while she was staying with her grandparents in Virginia. On May 30, 2016, the victim was reported missing from her grandparents’ home. Investigators learned that Viquesney had driven to Virginia, picked up the girl, and taken her with him on a trip that took them from Virginia to Maryland, Illinois, Missouri and Kansas. While on the trip, Viquesney had sex with the girl.
Viquesney was arrested after he arrived in Kansas City, Kan., with the girl.
Beall commended the Kansas City, Kan., Police Department, the Lenexa Police Department, the Kansas Bureau of Investigation, the FBI and Assistant U.S. Attorney Kim Flannigan for their work on the case.
Kanawha County couple admits to drug distribution conspiracy involving mail theftRead the Press Release
CHARLESTON, W.Va. – A Kanawha County couple who distributed pain pills from stolen packages pleaded guilty today, announced United States Attorney Carol Casto. Amber Fox, 28, of East Bank, entered her guilty plea to mail theft. David Grove, Jr., 39, also of East Bank, pleaded guilty to conspiracy to distribute pain pills.
Fox was a federal postal support employee who worked in the Charleston Processing and Distribution Center. She used her job to steal pain pills by identifying packages that contained oxycodone and hydrocodone. Fox admitted that on March 17, 2015, she stole a package that contained 112 hydrocodone pills. After stealing the packages, Fox took the pills to the home that she shared with Grove in East Bank. Together, they took some of the pills themselves and sold the remaining pills. Fox admitted to stealing between 45 and 50 postal packages containing thousands of oxycodone and hydrocodone pills from August 2014 to April 9, 2015. On April 9, 2015, law enforcement executed search warrants at the East Bank residence and located over 500 stolen oxycodone and hydrocodone pills. Both Fox and Grove gave statements admitting their involvement in the mail theft and drug distribution conspiracy. Fox is no longer an employee with the United States Postal Service.
Fox and Grove are scheduled to be sentenced on December 12, 2017. Grove faces up to 20 years in federal prison. Fox faces up to five years in federal prison.
The United States Postal Service, Office of Inspector General, and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. The plea hearing was conducted before United States District Judge John T. Copenhaver, Jr.
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Justice Department and Federal Trade Commission Announce Guidance for Post-Hurricane Relief EffortsRead the Press Release
The Department of Justice and the Federal Trade Commission (FTC) today announced the release of antitrust guidance for businesses taking part in relief efforts and those involved in rebuilding communities affected by Hurricanes Harvey and Irma.
The guidance is intended to help businesses understand how they can work together to rebuild affected communities without violating the antitrust laws. The antitrust laws accommodate procompetitive collaborations among competitors. At the same time, the agencies intend to hold accountable those who enter into anticompetitive agreements that take advantage of hurricane victims or hurricane relief efforts. Among other actions, the Department of Justice will criminally prosecute companies that fix prices, rig bids, or allocate customers, and the Federal Trade Commission will investigate and take action against companies and individuals who violate the consumer protection laws.
Anyone with information on price fixing, bid-rigging, market allocation agreements, or other anticompetitive conduct should call the Antitrust Division’s Citizen Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations. Consumers or businesses with concerns about fraudulent activity can also call the Disaster Fraud Hotline at 1-866-720-5721 or visit https://www.justice.gov/disaster-fraud/how-report-disaster-related-fraud.
Jefferson County man admits to mail fraudRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Kearneysville, West Virginia man pled guilty to mail fraud, Acting United States Attorney Betsy Steinfeld Jividen announced.
Daniel Lichtman, age 36, pled guilty to one count of “Mail Fraud.” Lichtman admitted to filing false insurance claims totaling $354,552.26. The crime happened November 2013 in Berkeley County.
Lichtman faces up to twenty years incarceration and a $250,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Danae DeMasi-Lemon prosecuted the case on behalf of the government. The United States Postal Inspection Service investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Jefferson County man admits to cocaine chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Ranson, West Virginia man pled guilty today to distributing cocaine, Acting United States Attorney Betsy Steinfeld Jividen announced.
Ricardo Lewis, Jr., aka BOLO, age 33, pled guilty to one count of “Conspiracy to Distribute Controlled Substance.” The crime is alleged to have occurred from August 2015 to July 2016 in Berkeley and Jefferson Counties.
Lewis faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Jefferson City Man Who Shot at Police Officers Charged with Illegally Possessing a FirearmRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Jefferson City, Mo., man was charged in federal court today with illegally possessing a firearm after he shot at police officers who were executing a search warrant at his residence.
Ardaris Webb Cheatham of Jefferson City was charged with being a felon in possession of a firearm in a federal criminal complaint filed in the U.S. District Court in Jefferson City. Cheatham had his initial court appearance today and remains in federal custody.
Today’s complaint alleges that Cheatham, who is a felon, was in possession of a loaded Beretta .40-caliber pistol on Monday, Sept. 11, 2017.
According to an affidavit filed in support of today’s criminal complaint, the Jefferson City Police Department SWAT Team executed a search warrant for narcotics at Cheatham’s residence at approximately 12:35 p.m. Tuesday, Sept. 11, 2017. When officers entered the residence, the affidavit says, Cheatham fired at the officers as he retreated into the residence. Cheatham attempted to escape by exiting the basement, but was apprehended by other officers who were stationed outside.
Officers found approximately 27 pounds of marijuana hidden in various locations within
Cheatham’s residence. A methamphetamine pipe with residue was also found in a bedroom.A witness later told investigators that she purchased the firearm two years ago. She said Cheatham had fired the gun in the past, and sometimes handled the firearm in the residence.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Cheatham has a prior felony conviction for possession of a controlled substance.
Larson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the Jefferson City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.