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24 October 2017
Owner of Kansas City Area Businesses Pleads Guilty to Bank FraudRead the Press Release
KANSAS CITY, KAN. - A Leavenworth woman who owned businesses in the Kansas City area pleaded guilty Tuesday to bank fraud, U.S. Attorney Tom Beall said.
Brenda Wood, 49, Leavenworth, Kan., pleaded guilty to two counts of bank fraud. In her plea, she admitted she made false statements to Farmers Bank in Great Bend. She told the bank that her company, Professional Cleaning and Innovative Building Services (PCI), had received a contract to provide cleaning services at an Internal Revenue Service building in Kansas City, Mo. In fact, the company did not receive the contract and did not even make the final round of bids. As a result, the bank extended a $350,000 line of credit. Wood submitted draw requests to the bank, falsely stating that the funds were needed to fulfill the contract.
In another incident, Wood created a check kiting scheme to artificially inflate her bank account balances. She exchanged and cross-deposited more than 473 insufficient fund checks between her accounts at Capital Federal Savings, Intrust Bank and the Credit Union of Leavenworth County.
Sentencing is set for Jan. 17. Both parties have agreed to recommend a sentence of 78 months in federal prison and restitution of at least $4.6 million.
Beall commended the Department of Labor, Office of Inspector General, the Special Investigator General for the Troubled Asset Relief Program, the Department of Labor Employee Benefits Security Administration, the FBI and Assistant U.S. Attorney Jabari Wamble for their work on the case.
Owner of Tax Preparation Business Sentenced for Wire Fraud and Making A False ClaimRead the Press Release
Orlando, Florida – Senior United States District Judge Gregory A. Presnell has sentenced Rigaud Colin (49, Apopka) to two years and three months in federal prison for wire fraud and making a false claim to the United States. He was also ordered to forfeit $189,409, which represents the proceeds Colin obtained as a result of his offenses. Colin pleaded guilty on July 25, 2017.
According to court documents, Colin was the owner and operator of Rigaud Investment Group, Inc., a tax preparation business in Orange County. Using his business, he executed a scheme to defraud the IRS by preparing and filing false and fraudulent income tax returns for residents of the U.S. Virgin Islands who were not eligible to receive tax refunds from the IRS. Colin included false and fraudulent addresses and education tax credit claims in the tax returns that he had electronically filed with the IRS on behalf of the Virgin Islands residents. As a result of Colin’s scheme, the IRS sustained a loss of $1,393,097.
This case was investigated by Internal Revenue Service - Criminal Investigation. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
Orlando Woman Sentenced to Five Years in Federal Prison for Role in Cocaine Trafficking ConspiracyRead the Press Release
Orlando, Florida – United States District Judge Roy B. Dalton, Jr. has sentenced Laidy Ann Rosaly-Donato (26, Orlando) to five years in federal prison for conspiracy to distribute and possessing with the intent to distribute cocaine. She pleaded guilty on August 1, 2017.
According to court documents, between October 2016 and May 2017, Rosaly-Donato received packages of cocaine that were mailed to her home by individuals in Puerto Rico and then later picked up by other co-conspirators. In total, she received 10 packages containing approximately 2 kilograms of cocaine each. She was paid $1,000 for each package she had received. Rosaly-Donato also received, counted, and stored drug proceeds inside her residence.
In May 2017, agents recovered two kilograms of cocaine from a package that had been mailed from Puerto Rico and was addressed to Rosaly-Donato. An undercover agent, posing as a mail carrier, delivered the package to Rosaly-Donato at her home. During the execution of a search warrant, agents recovered the cocaine package, which Rosaly-Donato had cut open. Agents also recovered additional drug ledgers, a money-counting machine, and $255,506 in drug proceeds.
This case was investigated by the Drug Enforcement Administration and the United States Postal Inspection Service. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
Operators of Millbury Plumbing Business Charged with Drug ConspiracyRead the Press Release
BOSTON – The operators of a family-owned business in Millbury were arrested and charged in federal court in Worcester with using their business to cover up a drug conspiracy.
Thomas Laverty, 37, of Clinton; Charles Laverty, 60, of Millbury; and Andrea Laverty, 61, of Millbury, were charged yesterday by federal criminal complaint with one count of conspiring to manufacture and distribute marijuana. Charles Laverty and Andrea Laverty were arrested today, and Thomas Laverty is currently in state custody.
It is alleged that Andrea, Charles, and their son, Thomas, used their business, Chuck Laverty & Son Inc., as a front for a large-scale, commercial marijuana cultivation and distribution operation. Laverty & Son vehicles, bank accounts, and locations were used to facilitate drug manufacturing, storage, and distribution.
On Oct. 17, 2017, law enforcement officers executed two search warrants: one at Laverty and Sons’ business warehouse in Clinton, which is attached to Thomas Laverty’s residence, where agents found a commercial-style marijuana grow operation, including more than 1,000 plants; and another at the residence of Charles and Andrea Laverty in Millbury, where agents found a large quantity of marijuana being dried and processed, as well as another marijuana grow operation.
It is further alleged that significant cash deposits were made into bank accounts controlled by Thomas Laverty and Andrea Laverty. For example, during one week in January 2017, approximately $12,100 in cash was deposited into Thomas Laverty’s bank account; these funds were then used to pay private school tuition and to make payments on multiple cars. In addition, in May 2017, Andrea Laverty used $28,000 derived from cash deposits as a down payment on an $80,000 2017 Chevrolet Corvette.
Thomas Laverty faces a sentence of no greater than 10 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $500,000. Charles Laverty and Andrea Laverty each face a sentence of no greater than five years in prison, a minimum of two years and up to a lifetime of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney William F. Abely of Weinreb’s Worcester Branch Office is prosecuting the case.
The details contained in the complaint are allegations. The defendants are each presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Nurse Practitioner and Physician Indicted in Compounding Pharmacy Fraud SchemesRead the Press Release
A Mississippi-based nurse practitioner was charged in an indictment unsealed today for her role in a multi-million dollar scheme to defraud TRICARE, the health care benefit program serving U.S. military, veterans and their respective family members. A Mississippi-based physician was charged in a separate indictment filed last week for his role in a similar scheme.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Mike Hurst of the Southern District of Mississippi, Special Agent in Charge Christopher Freeze of the FBI’s Jackson, Mississippi Field Division and Special Agent in Charge Jerome R. McDuffie of the Internal Revenue Service Criminal Investigation (IRS-CI) New Orleans Field Office made the announcement.
Susan Perry N.P., 58, of Grand Bay, Alabama, and Albert Diaz M.D., 78, of Ocean Springs, Mississippi, were charged in separate indictments returned on Oct. 18, in the Southern District of Mississippi, in Hattiesburg. Perry’s indictment was unsealed upon her arrest and initial appearance today before U.S. Magistrate Judge John Gargiulo of the Southern District of Mississippi. Perry is scheduled to be arraigned on Oct. 25, at 10:30 a.m., and Diaz is scheduled to be arraigned on Nov. 1, at 10:30 a.m., both before Judge Gargiulo.
Perry was charged in a 13-count indictment with one count of conspiracy to commit health care fraud and wire fraud, four counts of wire fraud, one count of conspiracy to distribute and dispense a controlled substance, one count of distributing and dispensing of a controlled substance, one count of conspiracy to solicit and receive healthcare kickbacks, four counts of soliciting and receiving healthcare kickbacks and one count of making false statements. Diaz was charged in a 16-count indictment with one count of conspiracy to commit health care fraud and wire fraud, four counts of wire fraud, one count of conspiracy to distribute and dispense a controlled substance, four counts of distributing and dispensing a controlled substance, one count of conspiracy to falsify records in a federal investigation and five counts of falsification of records in a federal investigation.
The indictments allege that both Perry and Diaz participated in schemes to defraud TRICARE by prescribing medically unnecessary compounded medications, some of which included Ketamine, a controlled substance, to individuals they had not examined, for the purpose of having a Hattiesburg-based compounding pharmacy dispense these medically unnecessary compounded medications and to seek reimbursement from TRICARE. According to the indictments, between February 2013 and October 2016, TRICARE reimbursed the compounding pharmacy more than $3.3 million for compounded medications prescribed by Perry, and between October 2014 and December 2015, TRICARE reimbursed the compounding pharmacy more than $2.3 million for compounded medications prescribed by Diaz. Additionally, Perry is alleged to have received more than $50,000 in kickback payments from a marketer for the compounding pharmacy in return for prescribing the compounded medications, as well as having made false statements to the FBI. Diaz is alleged to have submitted falsified patient records in response to an audit conducted by TRICARE to make it appear as though he had examined patients before prescribing the compounding medications.
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.
The FBI, IRS-CI, the Defense Criminal Investigative Service, the U.S. Department of Health and Human Services Office of Inspector General, the Mississippi Bureau of Narcotics and other government agencies investigated the case. Trial Attorneys Dustin M. Davis, Katherine Payerle and Jared Hasten of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Mary Helen Wall of the Southern District of Mississippi are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force, which is part of a joint initiative between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country. The Medicare Fraud Strike Force operates in nine locations nationwide. Since its inception in March 2007, the Medicare Fraud Strike Force has charged over 3,500 defendants who collectively have falsely billed the Medicare program for over $12.5 billion.
New London Man Pleads Guilty to Distributing Heroin Involved in Overdose DeathRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JASON SHEPHARD, also known as “Angel,” 19, of New London, pleaded guilty today before U.S. District Judge Michael P. Shea in Hartford to one count of distribution of heroin.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on May 1, 2017, the New London Police Department received a 911 call regarding a drug overdose in New London. The caller indicated that a male in her apartment was unconscious and barely breathing. Police and emergency medical personnel responded to the apartment and attempted life-saving measures. The victim, who was 36, was transported to the hospital and later pronounced deceased. At the scene, officers seized numerous empty bags that contained a trace amount of white and brown drug residue.
The investigation revealed that SHEPHARD supplied the heroin consumed by the victim hours before the victim died.
On May 1 and May 3, New London Police conducted controlled purchases of heroin from SHEPHARD. Some of the heroin bags purchased contained fentanyl, and all were marked with the same brand stamp that marked the empty bags of heroin found at the scene of the overdose.
The Connecticut Office of the Chief Medical Examiner has determined that the victim’s death was caused by a combination of fentanyl and alcohol.
Judge Shea scheduled sentencing for January 19, 2018, at which time SHEPHARD faces a maximum term of imprisonment of 20 years.
SHEPHARD was arrested on a federal criminal complaint on May 31, 2017. He is released on a $100,000 bond pending sentencing.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Tactical Diversion Squad and the New London Police Department. The Tactical Diversion Squad includes members from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon, Wilton, Milford, Monroe and Fairfield Police Departments, and the Connecticut State Police.
This case is being prosecuted by Assistant U.S. Attorney Sarala V. Nagala.
New Jersey Man Pleads Guilty to Intending to Distribute Crack and HeroinRead the Press Release
PLATTSBURGH, NEW YORK - Markell Reyes, age 20, of Jersey City, New Jersey, pled guilty today to possessing and intending to distribute crack cocaine and heroin.
The announcement was made by Acting United States Attorney Grant C. Jaquith; James J. Hunt, Special Agent in Charge of the New York Field Division of the U.S. Drug Enforcement Administration (DEA); and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
As part of his guilty plea, Reyes admitted that while in Ogdensburg, New York, he possessed a bag that contained approximately 58 grams of crack, 5 grams of heroin, and 135 grams of N-ethyl pentylone, often marketed as “Molly,” all of which Reyes intended to distribute. The bag also contained a handgun.
United States District Judge David N. Hurd will sentence Reyes on February 22, 2017. Reyes faces at least 5 years and up to 40 years in prison, a term of post-imprisonment supervised release of at least 4 years and up to life, and a maximum $5 million fine.
This case was investigated by the United States Border Patrol and DEA, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
New Haven Man Charged with Distributing FentanylRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that ALEX BORRERO, also known as “Red,” 50, of New Haven, was arrested yesterday on a criminal complaint charging him with distributing fentanyl and heroin.
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.
BORRERO appeared today before U.S. Magistrate Judge Sarah A.L. Merriam in New Haven and was released on a $50,000 bond into an inpatient drug counseling program.
As alleged in court documents, on February 28, 2017, the Wallingford Police Department and emergency medical personnel responded to a report of an untimely death of a 25-year-old male at a residence in Wallingford. At the scene, officers seized drug and non-drug evidence, including the victim’s cellphone and six empty wax folds bags that contained a white powder residue.
The Connecticut Office of the Chief Medical Examiner has determined that the victim’s death was caused by a combination of fentanyl and alprazolam (Xanax).
It is alleged that BORRERO was the source of the fentanyl involved in the overdose death of the victim.
This ongoing investigation also includes an overdose death of a 31-year-old male in Branford on May 18, 2017.
At the time of his arrest, it is alleged that BORRERO possessed approximately 30 grams of heroin and approximately $1,900 in cash.
The complaint charges BORRERO with possession with intent to distribute, and distribution of, fentanyl and heroin, an offense that carries a maximum term of imprisonment of 20 years.
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 Drug Enforcement Administration’s New Haven Tactical Diversion Squad, Wallingford Police Department and Branford Police Department. The Tactical Diversion Squad includes members from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon, Wilton, Milford, Monroe and Fairfield Police Departments, and the Connecticut State Police.
This case is being prosecuted by Assistant U.S. Attorney John T. Pierpont, Jr.
Neosho Woman Pleads Guilty to Social Security Fraud After Concealing $4 Million SettlementRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Neosho, Mo., woman pleaded guilty in federal court today to illegally receiving federal disability benefits for her son for seven years, while concealing a $4 million settlement that provided them with a home and income.
Kerry D. Sanders, 47, of Neosho, pleaded guilty before U.S. Magistrate Judge David P. Rush to one count of participating in a conspiracy to steal government property and one count of theft of government property.
By pleading guilty today, Sanders admitted that she conspired from May 2005 until July 2012 to receive at least $56,138 in Social Security disability benefits to which she was not entitled.
Sanders was approved to become her son’s representative payee when he was born in 2001 and began receiving Supplemental Security Income due to his disabilities. A $4 million monetary settlement was paid to her son surrounding his birth, with a conservatorship set up to receive the settlement proceeds that began with the first disbursement of $164,290 in 2005. Sanders admitted that she concealed this income from the Social Security Administration and provided false statements in order to continue receiving federal benefits.
Sanders also admitted that she concealed the purchase of a home by the conservatorship in April 2008. Sanders falsely claimed that she paid $400 per month to rent the home where she lived with her son, and which she shared with a co-conspirator. The conservatorship did not require either Sanders or her co-conspirator to pay rent for the home.
As the funds held in the conservatorship could be used for the support and maintenance of Sanders’s son, the conservatorship constituted both a resource and income, and as such, Sanders was required to report its existence to the Social Security Administration in its oversight of his eligibility for Supplemental Security Income. The actions of Sanders and her co-conspirator in concealing the conservatorship, the home, and the living arrangement led to the Social Security Administration paying at least $56,138 in benefits to which her son was not entitled.
Under federal statutes, Sanders is subject to a sentence of up to 15 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.This case is being prosecuted by Assistant U.S. Attorney Casey Clark. It was investigated by the Social Security Administration, Office of Inspector General.
Muskogee Man Pleads Guilty to Possession of Firearm, Ammunition in Furtherance of Drug TraffickingRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that RIEN KEITH IRVING, age 21, of Muskogee, Oklahoma pled guilty to FELON IN POSSESSION OF FIREARM & AMMUNITION, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), punishable by not more than 10 years imprisonment, and up to a $250,000.00 fine or both; and to POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME, in violation of Title 18, United States Code, Section 924(c)(1)(A), punishable by not less than 60 months consecutive to any other sentence imposed, and up to a $250,000.00 fine or both.
The Indictment alleged that from on or about December 9, 2016, within the Eastern District of Oklahoma, the defendant, RIEN KEITH IRVING, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm and ammunition which had been shipped and transported in interstate commerce.
The Indictment further alleged that on or about December 9, 2016, within the Eastern District of Oklahoma, the defendant, RIEN KEITH IRVING, did knowingly possess a firearm in furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States.
The charges arose from an investigation by the Muskogee Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney John David Luton represented the United States.
Montana Woman Indicted for Wire FraudRead the Press Release
United States Attorney Randolph J. Seiler announced that a Bigfork, Montana, woman was charged in federal district court with 35 counts of Wire Fraud.
Judy Lynn Carroll, age 58, was charged on August 22, 2017. She appeared before U.S. Magistrate Judge Veronica Duffy on October 23, 2017, and pleaded not guilty to the charges. The maximum penalty on each count upon conviction is 20 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and a $100 assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Carroll devising a scheme to fraudulently obtain checks, prepaid debit cards, or wires from another individual between December 2000 and October 2016. The charges are merely an accusation and Carroll is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Benjamin Patterson is prosecuting the case.
Carroll was released pending trial. A trial date has not been set.
Michigan man pleads guilty to federal heroin chargeRead the Press Release
HUNTINGTON, W.Va. – A Michigan man pleaded guilty today to a federal drug crime, announced United States Attorney Carol Casto. William Henry Stephens, Jr., 45, of Inkster, pleaded guilty to possession with intent to distribute 100 grams or more of heroin.
On June 29, 2017, members of the Huntington FBI Drug Task Force executed a search warrant at 702 Washington Avenue in Huntington. Prior to the search, investigators conducting surveillance observed Stephens coming and going from the residence and conducting what appeared to be drug transactions. During the search, investigators seized approximately 140 grams of heroin, 44 grams of crack, and a Chinese SKS 7.62mm assault rifle with ammunition. Stephens admitted that he possessed the heroin and crack for distribution. Stephens also admitted that he possessed drugs and firearms seized by investigators during a separate search warrant previously executed on December 15, 2016. On that date, investigators searched 322 West 5th Avenue in Huntington and seized approximately 342 grams of heroin, 69 grams of cocaine, 109 30mg oxycodone pills and multiple firearms. As part of his plea agreement, Stephens admitted to all the drug trafficking and firearms activity charged in the indictment.
Stephens faces at least five and up to 40 years in federal prison when he is sentenced on January 22, 2018.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams is handling the prosecution. The plea hearing was held before United States District Judge Robert C. Chambers.
This case was brought 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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Mexican Woman Sentenced for Trafficking MethamphetamineRead the Press Release
LAREDO, Texas – A 35-year-old woman from Nuevo Laredo, Mexico, has been ordered to prison following her conviction of conspiracy to possess with intent to distribute methamphetamine, announced Acting U.S. Attorney Abe Martinez. Maria De Jesus Castillo-Flores pleaded guilty Oct. 5, 2016.
Today, U.S. District Judge Marina Garcia Marmolejo ordered Castillo to serve a 120-month term of imprisonment. Not a U.S. citizen, she is expected to face deportation proceedings following her release from prison.
On Aug. 11, 2016, Castillo approached the U.S. Border Patrol Checkpoint located at mile marker 29 on Interstate 35, north of Laredo, as the driver of a passenger vehicle. At the primary inspection lane, an agent noticed that it appeared someone had tampered with the carpet under the driver’s seat. Authorities then x-rayed the vehicle, after which they discovered anomalies in the gas tank. Upon further investigation, they found 31 kilograms of liquid methamphetamine concealed in the gas tank. Castillo later admitted she was going to be paid to transport the controlled substance to Houston.
Castillo has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol and the Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Christopher dos Santos is prosecuting the case.
Maryland man admits to selling crack cocaineRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Hagerstown, Maryland man has admitted to a drug charge, United States Attorney William J. Powell announced.
Michael Anthony McIntosh, also known as “Lo, and “Polo,” age 46, pled guilty to one count of “Distribution of Cocaine Base.” Anthony admitted to selling crack cocaine in Berkeley County in November 2013.
McIntosh 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 defendant.
Assistant U.S. Attorney Lara K. Omps-Botteicher is prosecuting the case on behalf of the government. The Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Marty Man Sentenced on Aggravated Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Marty, South Dakota, man convicted of Aggravated Sexual Abuse was sentenced on October 23, 2017, by U.S. District Judge Karen E. Schreier.
Gary Cournoyer, age 55, was sentenced to 135 months in custody, followed by 10 years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Cournoyer was indicted for aggravated sexual abuse by a federal grand jury on April 5, 2016. He pled guilty on October 23, 2017.
Gary Cournoyer had sexual contact with an 11 year-old girl in January 2016. The contact occurred in Cournoyer’s home in Charles Mix County. Law enforcement was contacted after a relative discovered suspicious messages on a computer between Cournoyer and the girl. The girl was interviewed and disclosed that Cournoyer had the sexual contact with her after he brought her to his home to do some laundry. Investigators also learned that another child witnessed the sexual act.
This case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Cournoyer was immediately turned over to the custody of the U.S. Marshals Service.
Marketing Company President Charged with Wire FraudRead the Press Release
TALLAHASSEE, FLORIDA – Michael D. Towner, 58, of Los Angeles, California, was arraigned today in the U.S. District Court in Tallahassee after a federal grand jury returned an indictment charging him with sixteen counts of wire fraud. The indictment was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
The indictment alleges that Towner was president of Foundation Consultants Corporation (FCC) and the Towner Corporation, companies that provided marketing support for The Dream Foundation. The Dream Foundation is a nonprofit corporation established to create and market the Florida Live the Dream specialty license plate. Florida law permits companies handling marketing for specialty license plates to receive up to 25% of the total funds received from the sale of the plates.
The indictment further alleges that, between July 2010 and November 2015, Towner arranged to issue payments to FCC and the Towner Corporation in excess of the 25% permitted by Florida law. In total, Towner allegedly made or caused to be made transfers of more than $250,000 over the permitted amount to FCC and the Towner Corporation from the funds received through sale of the Florida Live the Dream specialty license plate. Towner also allegedly falsified annual reports detailing the amount of money distributed to the charities supported by the Dream Foundation.
The maximum penalty for wire fraud is 20 years in prison. The trial is scheduled for December 11, 2017, at 8:15 a.m. at the United States Courthouse in Tallahassee.
This case resulted from an investigation by the Department of Financial Services – Division of Investigative and Forensics Services Office of Fiscal Integrity and the Federal Bureau of Investigation. Assistant United States Attorney Gary Milligan is prosecuting the case.
An indictment is merely an allegation by a grand jury that a defendant has committed a violation of federal criminal law and is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the government’s burden to prove guilt beyond a reasonable doubt at trial.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Man Who Was Arrested with Murder Weapon Sentenced in Federal Firearms CaseRead the Press Release
KANSAS CITY, KAN. – A Kansas City, Kan., man who was arrested with a rifle used in a homicide was sentenced Tuesday to 10 years in prison on a federal firearms charge, U.S. Attorney Tom Beall said.
Rudolph George, 35, Kansas City, Kan., was found guilty in a jury trial on one count of unlawful possession of a firearm following a felony conviction. During a trial in May 2017, prosecutors presented evidence that George had outstanding warrants for his arrest when investigators tracked him to a room at the Overland Park Place Hotel at 7000 W. 107th in Overland Park, Kan. Working with hotel staff, investigators arranged for nearby rooms to be evacuated. George was asked to leave his room so a pest control service could examine it. He was arrested in a hallway outside his room.
George was found to be in possession of an American Tactical 5.56 mm rifle and a knife. The rifle later was tested and confirmed to be the weapon used in a homicide on Sept. 22, 2015, in Kansas City, Mo.
Beall commended the FBI, the Kansas City, Mo., Police Department and U.S. Attorney Terra Morehead for their work on the case.
Man Who Paid for Sex with Child Sentenced to Ten Years in Federal PrisonRead the Press Release
Oklahoma City, Oklahoma – CURTIS A. ANTHONY, 51, of Ardmore, Oklahoma, was sentenced today to 120 months in federal prison for child sex trafficking, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
On June 16, 2015, a federal grand jury indicted Anthony and four other defendants for conspiring to engage in child sex trafficking. One of these defendants, Tonya Gay Gum, operated at least twenty phone numbers listed in the escort section of the Oklahoma City Yellow Pages. On October 24, 2014, at a commercial property he owned in Edmond, Oklahoma, Anthony met with 14- and 15-year-old girls who were being trafficked by Gum, along with pimps Maurice Johnson and Hiram Mitchell. After paying both girls to take off their clothes, Anthony paid to have sex with one of the girls.
On June 19, 2017, at the conclusion of a four-day trial, a jury convicted Anthony of conspiracy and child sex trafficking for his role as a customer of underage escorts. The judge instructed the jury that it could convict if Anthony had a reasonable opportunity to observe a minor victim, even if he did not know or recklessly disregard that victim’s age. The jury heard evidence that Anthony saw the girls in their underwear, touched both of them, and drove one of them to an ATM to get cash for the commercial sex transaction.
Today U.S. District Judge Robin J. Cauthron sentenced Anthony to 120 months in prison, to be followed by five years of supervised release. The United States anticipates he will also be required to pay restitution to victims; the court will conduct a hearing to determine the amount of restitution within 90 days.
The cases against three of Anthony’s four co-defendants have already been resolved. On November 19, 2015, Gum pled guilty to conspiracy to commit child sex trafficking. She was sentenced to four years in prison and three years of supervised release. Trung N. Duong, another customer of Gum, pled guilty to conspiracy to commit child sex trafficking on May 9, 2017, and was sentenced to two years in prison on August 29, 2017. Russell D. Ehrens, another customer, was acquitted on December 9, 2015, under jury instructions that required knowledge or reckless disregard of the victim’s age. In a government appeal in the cases against Duong, Anthony, and William M. Baker, the Tenth Circuit Court of Appeals held on February 14, 2017, that “reasonable opportunity to observe” the victim is sufficient to support a conviction under the federal statute prohibiting child sex trafficking. Baker’s case remains pending.
Johnson and Mitchell were also prosecuted. Johnson is currently serving 240 months in federal custody, and Mitchell is serving 120 months.
This case is the result of an investigation conducted by United States Department of Homeland Security and the Oklahoma Bureau of Narcotics and Dangerous Drugs. Assistant U.S. Attorneys McKenzie Anderson and David Petermann prosecuted the case.
Los Angeles Lawyer Sentenced to 4 Years in Prison for Role in Wide-Ranging Marijuana ConspiraciesRead the Press Release
SACRAMENTO, Calif. — Nathan Hoffman, 57, of Los Angeles, was sentenced today by United States District Judge John A. Mendez to four years in prison for conspiring to manufacture and distribute marijuana, United States Attorney Phillip A. Talbert announced.
As part of his plea agreement, Hoffman agreed to forfeit his license to practice law in California and was ordered to surrender to the U.S. Marshals in Los Angeles on December 7, 2017, to begin service of his sentence.
According to court documents, Hoffman conspired with Yan Ebyam and others to develop two industrial-sized marijuana cultivation sites in Sutter County and Sacramento. As part of the plea agreement, Hoffman admitted that he and his co-conspirators sought to make profits from the illegal distribution of large amounts of marijuana. Much of the marijuana grown in Northern California from this conspiracy was distributed by Hung C. Nguyen. Nguyen, who pleaded guilty on January 10, 2017, operated two Southern California marijuana stores: the Canna Clinic of Garden Grove and the South Bay Canna Clinic in Torrance. Sentencing for Nguyen is currently set for November 7, 2017, before Judge Mendez. Ebyam pleaded guilty on July 1, 2014, and was sentenced by Judge Mendez to 72 months in prison on January 24, 2017. Two remaining co-defendants, Steve Marcus and Brook Murphy, both pleaded guilty and are set to be sentenced on November 28, 2017.
The cases began when federal and state agents executed seven federal search warrants in Sacramento, Sutter, and Tehama Counties on June 21, 2011. Two of these warrants were executed at the sites of large, commercial greenhouses located at the Jopson Ranch in Rio Oso and at the Cal-Nevada Wholesale Florist in Sacramento. Law enforcement officers seized over 5,000 marijuana plants in all stages of growth from these two locations: approximately 2,168 plants at Jopson Ranch and approximately 3,305 plants at Cal-Nevada Florist. Two leaders arrested at the grow sites, Ebyam and Aimee Sisco, admitted their involvement in the marijuana cultivation business. Sisco pleaded guilty to conspiring to manufacture marijuana and was sentenced to approximately three years in prison in 2015. Subsequent investigation and search warrants uncovered the link to Hoffman, Nguyen, and others.
These cases are part of investigations into industrial-scale marijuana cultivation conspiracies operating within the Eastern District of California. A total of 16 defendants were charged in three separate indictments for crimes relating to marijuana cultivation (United States v. Hoffman et al., 2:15-cr-234 JAM, and United States v. Yan Ebyam et al., 2:11-cr-275-JAM and 2:11-cr-276-JAM). All defendants have now pleaded guilty to participation in the conspiracies, and most have been sentenced to prison.
These cases are the product of an investigation by the Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigation, the Sutter County Sheriff’s Department, and the California Bureau of Narcotic Enforcement. It was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply. Assistant U.S. Attorneys Jason Hitt, Todd A. Pickles, and Samuel Wong are prosecuting the cases.
Local Food Service Company Owner Sentenced to 23 Months in Prison for FraudRead the Press Release
WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Frank D. Dolce, the owner of a local food service business, was sentenced to 23 months of incarceration for stealing nearly one million dollars from the National School Breakfast and Lunch Programs – programs designed to feed impoverished children. Dolce also committed tax fraud, and structured cash deposits at banks to avoid reporting requirements. He used the fraudulent cash to purchase, among other things, a luxury boat in Florida, which has been seized and will now be forfeited to the government.
According to information discussed in open court, Dolce was the owner of Primos Food Service (“Primos”), located in Wilmington, Delaware. Primos provided cafeteria services to charter schools in Philadelphia and to the Delaware County Courthouse and Government Center in Media, Pennsylvania. Many of the charter schools participated in the National School Breakfast and Lunch Programs, which reimburse schools with federal funds for meals served to impoverished children. Between at least April 2011 and January 2014, Dolce submitted false claims for reimbursement that misrepresented the number of meals served to students at four charter schools. By claiming more meals served under the National School Breakfast and Lunch Programs than were actually served, Dolce stole at least $911,953.00.
Dolce also filed false tax returns both personally and on behalf of Primos, because he failed to report certain income. The charter schools and the Courthouse Café generated cash sales. Rather than depositing the cash into Primos’ bank accounts, Dolce instructed his employees to bring the cash back to Primos’ office in Delaware, where the employees would then destroy receipts and other documents. Dolce did not report most of the cash on his personal or business tax returns.
Also, in January and February 2013, Dolce made or directed one of his employees to make twenty-seven cash deposits, each slightly below $10,000, into different accounts at two branches of TD Bank, N.A. The total cash deposited was over $250,000. Dolce structured the cash transactions in this manner to avoid the bank’s requirements to report cash transactions greater than $10,000 to the Department of the Treasury. After the above cash deposits were made, Dolce then used that cash in part to purchase a boat for approximately $355,500.
“Dolce lined his pockets with fraud proceeds stolen from a program intended to benefit children in need,” said Acting U.S. Attorney Weiss. “His actions demanded a substantial period of incarceration, and one was imposed.”
USDA Office of Inspector General, Special Agent-in-Charge Bethanne M. Dinkins stated, “The National School Breakfast and Lunch Programs were created to provide nutritious meals to children who truly need this assistance. Those who are involved in fraud and abuse of USDA feeding programs will be aggressively pursued by our office. Our joint investigation with the Internal Revenue Service, Criminal Investigation Division brought to justice an individual who sought to profit from the National School Breakfast and Lunch Programs through illegal schemes. The USDA, Office of Inspector General will continue to dedicate resources and work with our law enforcement partners in order to protect the integrity of these programs by investigating those who commit fraud.”
"Frank Dolce's attempt to evade tax by hiding income and filing false returns was a theft from the American public. It is a felony offense that carries severe consequences," said Acting IRS Criminal Investigation Special Agent in Charge Edward Wirth. "Today's sentence demonstrates our unwavering commitment to protecting the interests of law-abiding taxpayers."
This case is the result of a joint investigation conducted by the Internal Revenue Service, Criminal Investigation Division, and the United States Department of Agriculture Office of Inspector General - Investigations. The case was prosecuted by Assistant United States Attorney Jennifer K. Welsh, District of Delaware.
Little Eagle Man Sentenced for Abusive Sexual Contact of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man convicted of Abusive Sexual Contact of a Child was sentenced on October 23, 2017, by U.S. District Judge Charles B. Kornmann.
Reuben James Flying Bye, age 31, was sentenced to 71 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Flying Bye was indicted by a federal grand jury on June 14, 2016. He pled guilty on June 12, 2017.
The conviction stems from an incident on May 3, 2016, when Flying Bye was watching the 11-year-old victim. At some point in the afternoon, Flying Bye tricked the victim into coming inside for lunch. When the victim entered the house, Flying Bye proceeded to bring her into a back bedroom, removed her pants, and performed oral sex on her.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Flying Bye was immediately turned over to the custody of the U.S. Marshals Service.
Little Eagle Man Convicted of Assault and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that Chavez Spotted Horse, age 40, of Little Eagle, South Dakota, was found guilty of three counts of Assault with a Dangerous Weapon and three counts of Child Abuse as a result of a federal jury trial in Aberdeen, South Dakota.
The charges carry a maximum penalty of up to 60 years in custody and/or a $1,500,000 fine, up to 18 years of supervised release, and a $600 special assessment to the Federal Crime Victims Fund.
Spotted Horse was indicted by a federal grand jury on January 19, 2017.
The convictions stem from incidents occurring between November 27-30, 2016, when Spotted Horse severely beat his 11-year old niece with multiple weapons.
On November 27th, Spotted Horse started to beat her on the legs with a plastic spoon he retrieved from the kitchen, causing numerous deep bruises around the victim’s thighs.
On November 28th, Spotted Horse again began to strike her with a wooden back scratcher. He continued striking her with it until it broke, causing bruising and welts on the victim’s back. At that time, Spotted Horse ordered her brother to go down to the basement and find him something to continue beating the victim with, and her brother returned with a plastic curtain rod. The victim remained on the floor screaming and crying, begging for her uncle to stop as he beat her with the curtain rod, causing multiple welts and bruising.
On November 30th, Spotted Horse again began to beat her. This day, Spotted Horse grabbed a thick plastic hanger and repeatedly struck her on the back with it, until it broke, causing bruises and welts in the shape of the hanger.
This case was investigated by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
A presentence investigation was ordered and a sentencing date was set for January 4, 2018. The defendant was remanded to the custody of the U.S. Marshals Service.
Leominster Man Sentenced for Distributing OxycodoneRead the Press Release
BOSTON – A Leominster man was sentenced yesterday in federal court in Worcester for distributing Oxycodone pills and possessing two loaded guns.
Alexander Dufault, 23, was sentenced by U.S. District Court Judge Timothy S. Hillman to 30 months in prison and three years of supervised release. On Dec. 6, 2016, Dufault pleaded guilty to one count of conspiring to distribute Oxycodone and one count of attempt to possess with intent to distribute Oxycodone.
For roughly 18 months in 2015 and 2016, Dufault participated in a conspiracy to buy and sell Oxycodone pills in the Leominster area. This conspiracy was responsible for the distribution of more than 12,000 Oxycodone 30 mg. pills. Dufault was arrested in April 2016 while en route to meet a cooperating defendant, whom Dufault believed was going to sell him 800 Oxycodone 30 mg. pills. At the time of his arrest, Dufault had in his possession $19,200, which was the agreed-upon purchase price for the pills. After Dufault’s arrest, officers executed a search warrant at Dufault’s residence where they seized $66,320 in cash from a safe in Dufault’s bedroom, a loaded .40 caliber firearm that was also inside the safe and a loaded .22 caliber long rifle from Dufault’s bedroom.
Two other individuals were previously convicted and sentenced in connection with this investigation. On Aug. 24, 2016, Joseph Waterhouse, 75, of Pepperell, was sentenced to time-served and three years of supervised release, with the first year to be served in home confinement. On Dec. 19, 2016, Curtis Boisseau, 31, of Ayer, was sentenced to a year and a day in prison and three years of supervised release.
Acting United States Attorney William D. Weinreb; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Townsend Police Chief Richard B. Bailey; and Arlington Police Chief Frederick Ryan made the announcement today. Assistant U.S. Attorney James E. Arnold of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.
Leader of Mexican Drug Trafficking Organization Pleads GuiltyRead the Press Release
ERIE, Pa. - A former resident of Mexico, pleaded guilty in federal court to a charge of violating federal drug laws, Acting United States Attorney Soo C. Song announced today.
Ignacio Montes Leon, 36, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that from June 2013 through February 2015, Leon engaged in a conspiracy with eighteen co-defendants to distribute and possess with intent to distribute between 50 and 150 kilograms of cocaine, and more than 100 grams of 99% pure methamphetamine. According to information provided to the court, Montel Leon was the local leader of a drug trafficking organization involved in importing cocaine and methamphetamine from Mexico into Texas, which was then transported to Erie, Pennsylvania and elsewhere in hidden compartments in vehicles. Montes Leon was responsible for coordinating the drug shipments with higher-level conspirators in Texas, was directly selling pure methamphetamine to individuals in Erie, Pennsylvania on multiple occasions, and was responsible for distributing multi-kilogram quantities of cocaine at a time to his co-conspirators. In December 2013, law enforcement officers seized four kilograms of cocaine in Erie, Pennsylvania connected to Montes Leon. According to information provided to the Court, on November 1, 2014, after Montes Leon traveled to Texas to coordinate another drug shipment, two of his drug couriers were transporting the cocaine when they were stopped by the Arkansas State Police while traveling east near milepost 253 on Interstate 40. Montes Leon arranged for those couriers to travel to the Houston, Texas area to pick up a load of cocaine destined for delivery to Erie, Pennsylvania and elsewhere. The Court was further advised that a search warrant was executed on the vehicle and that individually wrapped packages of cocaine were located in a hidden compartment in the vehicle. The packages were discovered to contain more than 5 kilograms of cocaine. Montes Leon then fled into Mexico. Law enforcement officers located Montes Leon in Mexico, and he was arrested and extradited back into the United States to face prosecution in Erie.
Judge Cercone scheduled sentencing for March 19, 2018 at 3:00 p.m. The law provides for a total maximum sentence of life in prison, a fine of $4,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The Homeland Security Investigations, the Drug Enforcement Administration, the Pennsylvania State Police, U.S. Border Patrol, the Internal Revenue Service, Criminal Investigation; the Pennsylvania Office of Attorney General Organized Crime Section, the U.S. Postal Inspection Service, the U.S. Marshals Service, the Bureau of Alcohol Tobacco Firearms and Explosives, and the Arkansas State Police conducted the investigation that led to the prosecution of Leon.
Las Cruces Man Sentenced to 78 Months in Prison for Federal Cocaine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Daniel Alan Aran, 30, of Las Cruces, N.M., was sentenced today in federal court to 78 months in prison followed by three years of supervised release for his conviction on a cocaine trafficking charge.
Aran was arrested in June 2016, on a criminal complaint charging him possession of cocaine with intent to distribute on Jan. 28, 2016, in Dona Ana County, N.M. According to the complaint, law enforcement officers seized 36.5 grams of cocaine, marijuana and drug paraphernalia from Aran, his vehicle and his residence during the execution of a search warrant. According to the complaint, Aran was on probation at the time.
Aran subsequently was indicted on Nov. 9, 2016, and was charged with possession of cocaine with intent to distribute. On Feb. 1, 2017, Aran pled guilty to the indictment and admitted that on Jan. 28, 2016, law enforcement officers observed Aran throw a bag of cocaine out of his vehicle and later located a small bag of cocaine in his pants pocket and 36 grams of cocaine, drug paraphernalia and marijuana inside his apartment. Aran further admitted that he intended to distribute the cocaine to other individuals.
This case was investigated by the Las Cruces office of the FBI and was prosecuted by Assistant U.S. Attorney Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office.
Las Cruces Felon Sentenced to 63 Months for Unlawfully Possessing a Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – James S. Sedillo, 40, of Las Cruces, N.M., was sentenced today in federal court to 63 months in prison for violating the federal firearms laws by unlawfully possessing a firearm and ammunition. Sedillo will be on supervised release for three years after completing his prison sentence.
Sedillo was arrested in Aug. 2016, on an indictment charging him with being a felon in possession of a firearm and ammunition on Oct. 24, 2015, in Dona Ana County, N.M. According to the indictment, Sedillo was prohibited from possessing firearms or ammunition because he previously had been convicted of possession of a firearm or destructive device by a felon and possession of a controlled substance.
On March 3, 2017, Sedillo pled guilty to the indictment and admitted that on Oct. 24, 2015, he possessed a firearm and two rounds of ammunition despite being prohibited from possessing firearms and ammunition due to his status as a convicted felon.
This case was investigated by the Las Cruces office of the FBI and the Las Cruces Police Department. Assistant U.S. Attorney Maria Y. Armijo of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Laredoan Heads to Prison for Attempting to Smuggle MethRead the Press Release
LAREDO, Texas – A 32-year-old Laredo man has been ordered to federal prison following his conviction of smuggling 3.7 kilograms of methamphetamine past a Border Patrol (BP) checkpoint, announced Acting U.S. Attorney Abe Martinez. Francisco Guerrero pleaded guilty Jan. 23, 2017.
Today, U.S. District Judge Marina Garcia-Marmolejo ordered Guerrero to serve 10 years in prison immediately followed by five years of supervised release.
On Aug. 2, 2015, a Turimex bus pulled up to the BP checkpoint at mile marker 29 on interstate 35. Authorities recognized Guerrero as having made several recent trips through the checkpoint. Agents began to question him as to the purpose of the trip and Guerrero appeared noticeably nervous. He then gave consent for authorities to search his bag, at which time they found three bundles wrapped in brown tape which appeared to be narcotics. Lab tests confirmed the substance to be 3.5 kilograms of methamphetamine with a 99.5% purity.
Guerrero will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Border Patrol and the Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Alfredo De La Rosa is prosecuting the case.
Lafayette man sentenced to more than 8 years in prison for possessing cocaine, firearmRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Lafayette man was sentenced Monday to 100 months in prison for cocaine and firearm possession.
Douglas Dugas, 34, of Lafayette, was sentenced by U.S. District Judge Donald E. Walter on one count of possession with intent to distribute a controlled substance and one count of possession of a firearm by a convicted felon. He was also sentenced to three years of supervised release. According to the July 12, 2016 guilty plea, Lafayette police pursued a vehicle on May 12, 2015 after it fled during a traffic stop. The pursued vehicle drove by a business on Johnston Street, and the driver discarded a bag. Later, employees of the business found a bag in the parking lot containing crack cocaine, marijuana, a large sum of money, a .357 caliber pistol and a cell phone. The phone contained pictures and data indicating Dugas was the primary user. An examination of the crack cocaine confirmed it to be 25 net grams of cocaine base.
The FBI, ATF and Lafayette Metro Narcotics conducted the investigation. Assistant U.S. Attorney Robert C. Abendroth prosecuted the case.
Justice Department Files Statement of Interest in California Campus Speech CaseRead the Press Release
The Department of Justice today filed a Statement of Interest in Shaw v. Burke at the request of the Department of Education. The plaintiff, Kevin Shaw, is a student at Los Angeles Pierce College, a public college within the Los Angeles Community College District. He is challenging the constitutionality of a Pierce College policy that effectively bans all free expression on campus outside a 616 square-foot “Free Speech Area.”
In order to use the Free Speech Area—which comprises approximately .003% of the campus—students must obtain prior authorization from campus officials by submitting a permit application. The College also maintains unpublished rules governing free speech, which students are not made aware of until they obtain a permit application.
Mr. Shaw claims that Pierce College administrators prohibited him from distributing Spanish-language copies of the United States Constitution outside the Free Speech Area.
The Justice Department primarily argues that the plaintiff’s allegations have adequately pleaded violations of his First Amendment. The Justice Department argues that the college’s speech policies amounted to an unconstitutional prior restraint that chilled free expression, and that they did not constitute valid time, place, and manner restrictions.
This is the second Statement of Interest filed by the Department of Justice in a First Amendment case under Attorney General Jeff Sessions. The first was filed on Tuesday, September 26, 2017 in Uzuegbunam v. Preczewski.
In filing the Statement of Interest, Attorney General Jeff Sessions provided the following statement:
“University officials and faculty must defend free expression boldly and unequivocally. Last month, I promised a recommitment to free speech on campus and to ensuring First Amendment rights. The Justice Department continues to do its part in defending free speech, protecting students’ free expression, and enforcing federal law.”
Judge Sentences Renewal Center Escapee to 366 Days in Federal PrisonRead the Press Release
PITTSBURGH -A former Fayette County resident has been sentenced in federal court to 12 months and one day of imprisonment on her conviction of escaping from federal custody following a prior federal felony conviction, to be followed by 3 years of supervised release, Acting United States Attorney Soo C. Song announced today.
United States District Judge Cathy Bissoon imposed the sentence on Tiffany Lilley, age 28. The sentence is to run consecutively to the unexpired portion of the sentence previously imposed for Lilley’s prior conviction.
According to information presented to the court, Lilley committed the crime on March 28, 2017, by escaping from federal custody at Renewal Incorporated Community Correction Center in Pittsburgh, Pennsylvania. She was located, apprehended, and returned to custody by the United States Marshal Service roughly two weeks afterward.
Assistant United States Attorney Adam N. Hallowell prosecuted this case on behalf of the government.
Acting United States Attorney Song commended the United States Marshals Service for the investigation leading to the successful prosecution of Tiffany Lilley.
Judge Sentences Erie Felon to 4 Years in Prison for Illegally Possessing Multiple Weapons and AmmunitionRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been sentenced in federal court to 48 months in jail on his conviction of violating federal firearms laws, Acting United States Attorney Soo C. Song announced today.
United States District Judge David S. Cercone imposed the sentence on John Dominic Joseph Juliano, 33.
According to information presented to the court, Juliano unlawfully possessed a Smith & Wesson rifle, a Century Arms AK47 style rifle, a Norinco SKS semi-automatic rifle, a Glock pistol, a Springfield pistol, a DPMS rifle and a Maverick Arms shotgun, and more than 1,400 rounds of ammunition, while being prohibited from firearm possession because he is a convicted felon. Juliano’s sentence was enhanced because the Century Arms AK47 style rifle was loaded with a large capacity magazine and because he possessed a homemade improvised explosive device.
This case was prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
Acting United States Attorney Song commended the Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Juliano.
Johnston Resident Admits to Trafficking Fentanyl, HeroinRead the Press Release
PROVIDENCE – Michael Persaud, 30, of Johnston, pleaded guilty in federal court in Providence on Monday to trafficking fentanyl and heroin. Persaud admitted to the Court that during a 4 ½-month period of time beginning in October 2016, he arranged for the sale and delivery of nearly 22 grams of fentanyl and 2 grams of heroin to an undercover police officer.
Law enforcement also seized an additional 44 grams of fentanyl from Persaud when they executed a court-authorized search of the Providence residence of the mother of one of Michael Persaud’s children.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Persaud pleaded guilty to five counts of distribution of fentanyl, and one count each of possession with the intent to distribute fentanyl and distribution of heroin.
Michael Persaud’s guilty plea is announced by Acting United States Attorney Stephen G. Dambruch; East Providence Police Chief Christopher Parella; and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division.
According to information presented to the Court, on October 27, 2016, an undercover East Providence police officer arranged for the purchase of what turned out to be 1.86 grams of heroin from Persaud, and between January 11 and March 13, 2017, the undercover officer arranged for what turned out to be five purchases of between 6.9 grams and 2.82 grams of fentanyl. In several instances, Persaud used other individuals to assist in the delivery of the drugs. In at least two such instances, Persaud was driven by his girlfriend and mother of three of his children to a designated meeting location to deliver fentanyl to the undercover officer.
On March 30, 2017, members of the East Providence Police Department, with the assistance of the RI DEA Drug Task Force, executed a court-authorized search of the Providence residence of the mother of one of Michael Persaud’s children, where they were directed to 44 grams of fentanyl Persaud had stashed at the residence.
Persaud, who is detained in federal custody, is scheduled to be sentenced on January 9, 2018.
The case is being prosecuted by Assistant U.S. Attorney Ly T. Chin.
The Rhode Island DEA Drug Task Force, which investigated this matter, is comprised of law enforcement personnel from the DEA and Providence, East Providence, Central Falls, Woonsocket, West Warwick, Cranston, Pawtucket, Newport, South Kingstown, and Warwick Police Departments, and the Rhode Island State Police.
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Indiana Man Indicted on Charges of Sexual Exploitation of a Child, Travel with Intent to Engage in Illicit Sexual ConductRead the Press Release
URBANA, Ill. – A Crawfordsville, Ind., man, Nehemiah Lafoe, 23, appeared in federal court today in Urbana for arraignment on charges of sexual exploitation of a child and travel with intent to engage in illicit sexual conduct. Lafoe appeared before U.S. Magistrate Judge Eric I. Long who scheduled trial for Dec. 12, 2017.
The indictment, returned by the grand jury last week, alleges that on two occasions in June 2017, Lafoe enticed a minor to engage in sexually explicit conduct to produce an image of the conduct and to transmit the image in interstate commerce, including by computer. The indictment also alleges that on May 23, 2017, Lafoe traveled from Indiana to Illinois for the purpose of engaging in sexual acts with a minor under 18 years of age. According to the affidavit filed in support of a previously filed criminal complaint, Lafoe communicated with the minor through a popular social networking application.
If convicted, the statutory maximum penalty for each count of sexual exploitation (two counts) and travel with intent to engage in illicit sexual conduct (one count) is 30 years in prison, and a fine of up to $250,000.
Lafoe was arrested on Sept. 27, 2017, in the Southern District of Indiana after being charged in a criminal complaint filed in the Central District of Illinois. During a court appearance on Oct. 2, 2017, before Judge Long, in Urbana, Lafoe was ordered to remain detained in the custody of the U.S. Marshals Service.
The case is being prosecuted by Assistant U.S. Attorney Elly M. Peirson. The charges are the result of an investigation by the Federal Bureau of Investigation; the Indiana State Police Cybercrime Unit; and the Indiana Internet Crimes Against Children Task Force.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
The 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 U.S. Attorneys= 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.
Illegal Alien Ordered to Prison on Firearms ChargeRead the Press Release
LAREDO, Texas – A 33-year-old Mexican National who resided in Laredo has been ordered to federal prison for illegally possessing firearms, announced Acting U.S. Abe Martinez. Gerardo Penalosa-Hernandez pleaded guilty July 29, 2016.
Today, U.S. District Judge Marina Garcia-Marmolejo ordered he serve 96 months in federal prison. Not a U.S. citizen, Penalosa-Hernandez is expected to face deportation proceedings following the sentence.
On May 14, 2016, authorities learned of potential illegal activity occurring at the Palo Blanco Apartment in Laredo. They observed the location and witnessed Penalosa-Hernandez acting suspiciously. When officers approached him, he attempted to hide.
His wife soon arrived at the scene and stated there were illegal aliens being held inside their house. Law enforcement searched the residence and discovered 14 undocumented aliens waiting to be smuggled further into the United States. Authorities also found three weapons belonging to Penalosa-Hernandez. He admitted he intended to sell the weapons to a drug cartel in Mexico.
As an illegal alien, Penalosa-Hernandez is prohibited by federal law of possessing any firearm or ammunition.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Laredo Police Department, Border Patrol and the Bureau of Alcohol, Tobacco Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Alfredo De La Rosa is prosecuting the case.
Honduran Citizen Charged with Attempting to Use an Explosive Device in Popular Miami MallRead the Press Release
Vicente Adolfo Solano, 53, a citizen of Honduras residing in Miami, has been charged with attempting to use a weapon of mass destruction in a planned attack at a shopping mall in Miami.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Acting Assistant Attorney General for National Security Dana J. Boente, and Timothy R. Langan, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
As described in the complaint, Solano planned to place and detonate an explosive device in a crowded area of a popular Miami mall. Solano discussed his plot with a confidential human source and two FBI undercover employees. According to the complaint, Solano provided three videos to the source, in which Solano makes pro-ISIS statements and expresses anti-U.S. sentiments.
Just prior to his arrest, Solano took possession of what he believed was an explosive device, took steps to arm it, and walked toward a mall entrance in order to carry out his attack. Unbeknownst to Solano, the device was inert and did not pose a risk to the public.
“The top priority of the Department of Justice is to protect the American people from those who intend to take action aimed at terrorizing our community. The U.S. Attorney’s Office, in collaboration with the FBI, works tirelessly to advance this mission by continuing to thwart home-grown acts of terrorism in all forms,” stated Acting U.S. Attorney Benjamin G. Greenberg.
“Protecting the United States from a terrorist attack is the FBI’s number one priority,” said Timothy R. Langan, Acting Special Agent in Charge, FBI Miami. “There is no room for error.”
If convicted, the defendant faces a statutory maximum of life imprisonment and a $250,000 fine. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors.
Solano is scheduled to have a pre-trial detention hearing on Thursday, October 26, 2017 at 10:00 a.m. before U.S. Magistrate Judge Chris M. McAliley. The arraignment is scheduled for Monday, November 6, 2017.
Mr. Greenberg and Mr. Boente commended the investigative efforts of the FBI and the South Florida Joint Terrorism Task Force (JTTF). The case is being prosecuted by Assistant United States Attorney Karen Gilbert and Trial Attorney Jolie Zimmerman of the National Security Division’s Counterterrorism Section.
A criminal complaint is only an accusation and the defendant is presumed innocent unless and until proven guilty.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Head of Wildlife Smuggling Ring Pleads Guilty to Smuggling Carvings Made from Ivory, Rhino Horn and CoralRead the Press Release
Guan Zong Chen (“Graham Chen”), an Australian citizen, pleaded guilty today in federal court in Boston, Massachusetts, on charges that he led a conspiracy to illegally export (smuggle) $700,000 worth of endangered and protected wildlife items made from rhinoceros horn, elephant ivory and coral from the United States to China.
The guilty plea was announced today by Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division and Acting U.S. Attorney William D. Weinreb of the District of Massachusetts.
“This successful case is the latest in a long series of criminal prosecutions against those who profit from illegal trade in protected wildlife,” said Acting Assistant Attorney General Wood. “We greatly appreciate the support and assistance of our federal and international law enforcement partners in this case. Together, we will continue to hunt down those who engage in these smuggling activities.”
“This defendant openly flouted U.S. and international law designed to protect wildlife,” said Acting U.S. Attorney Weinreb. “Falsely labeling shipments and willfully failing to declare them and obtain required permits are serious crimes that will be fully investigated and prosecuted.”
“Smuggling items made from protected animals fuels illegal trade in endangered wildlife, leaving these treasured species susceptible to extinction,” said Acting Assistant Director of Law Enforcement for the U.S. Fish and Wildlife Service Ed Grace. “Our special agents are to be credited for helping expose the complex international schemes abundant in this and many other investigations. Every day, our agents demonstrate their commitment to the American people and communities around the globe by pursuing criminals who would profit from our collective wild legacy.”
Chen pleaded guilty to one count of conspiracy to export protected wildlife contrary to law from the U.S. and knowingly making and submitting false wildlife documents that were exported; one count of false wildlife records; and six counts of smuggling – exporting protected wildlife without declaration and required permits.
Chen, who owned an antiques business in China, was previously arrested in Chengdu, China, and convicted in 2009 of trafficking ivory carvings that had been purchased in the United States. Unable to travel outside of China due to his conviction, Chen continued to traffic wildlife by procuring the help of others to smuggle wildlife merchandise to China that he purchased at U.S. auction houses located in California, Florida, Ohio, Pennsylvania, New York and Texas.
Chen was aided by Jin Jie Yang, a Chinese national, and Carla Marsh, who owned a shipping business in Concord, Mass. Yang traveled to the United States at Chen’s expense and purchased and picked up wildlife items at U.S. auction houses. He shipped or brought the wildlife to Marsh in Concord where she re-packed and mailed the items to Hong Kong with documents that falsely stated the contents and value and without required declarations and permits. Once the packages arrived in Hong Kong, other members of the conspiracy picked up the packages and brought them to Mainland China.
In 2014, after serving his sentence in China, Chen traveled to the United States and visited Marsh in Concord, Massachusetts. During the visit, Chen instructed that a sculpture made from elephant ivory be mailed to him in Hong Kong. It was falsely declared as wood and worth only $50. The conspiracy also involved the purchase and smuggling of a rhinoceros horn libation cup from a New York auction house that was packed inside a porcelain vase and exported without required declaration or permits. Chen also admitted as part of the guilty plea that he had twice purchased raw rhinoceros horns from an individual associated with an auction house in Beverly Hills, California.
Both Yang and Marsh faced federal charges in U.S. District Court in Boston. In December 2014, Yang pleaded guilty to his role in the conspiracy and was sentenced in May 2015 to time-served. Marsh pleaded guilty in May 2015 and was sentenced to one year of probation in April 2016.
Chen was arrested last year when he traveled from China to Australia and extradited to the United States in July. In announcing the case today, Acting Assistant Attorney General Wood and Acting U.S. Attorney Weinreb expressed their appreciation to the Australian Federal Police and the Australian Attorney-General’s Department for their help in apprehending Chen and extraditing him to the United States.
Trade in rhinoceros horn, elephant ivory and coral have been regulated since 1976 under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty signed by over 175 countries around the world to protect fish, wildlife, and plants that are or may become imperiled due to the demands of international markets. Animals listed under CITES cannot be exported from the United States without prior notification to, and approval from, the U.S. Fish & Wildlife Service.
Chen was apprehended as part of Operation Crash, an ongoing effort by the Department of the Interior’s Fish and Wildlife Service, in coordination with the Department of Justice to detect, deter, and prosecute those engaged in the illegal killing of and trafficking in protected species including rhinoceros and elephants.
The guilty plea took place before U.S. District Court Judge Rya W. Zobel in Boston. Sentencing will take place on for Dec. 13, 2017. The maximum sentence for conspiracy and violation of the Lacey Act is five years imprisonment and a fine of up to $250,000 or half the gross gain of the offense per count. Smuggling carries a maximum sentence of 10 years in prison and a fine of up to $250,000 or half the gross gain of the offense per count.
The investigation is continuing and is being handled by the U.S. Fish & Wildlife Service’s Office of Law Enforcement and the Justice Department’s Environmental Crimes Section, with assistance from the U.S. Attorney’s Office for the District of Massachusetts. Assistance with the extradition was provided by the Department of Justice’s Office of International Affairs and the U.S. Marshals Service in the District of Massachusetts. The government is represented by Senior Litigation Counsel Richard A. Udell and Trial Attorney Gary N. Donner of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division.
Guatemalan Man Sentenced for Illegal Re-entry into the United StatesRead the Press Release
ALBANY, NEW YORK – Raul Mendez Ordonez, age 33, and a citizen of Guatemala, was sentenced today to time served (47 days) for illegally re-entering the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas E. Feeley, Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Mendez Ordonez admitted that he is a citizen of Guatemala, and that he illegally returned to the United States after he was removed to Guatemala, under the name Nolberto Gonzalez Gomez, on June 1, 2012.
On September 7, 2017, Mendez Ordonez was arrested by ICE officers in Middleburgh, New York.
Following the sentencing, Mendez Ordonez will be transferred to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Greenville Felon Pleads Guilty to Heroin Distribution and Firearms ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake announced today that Nicolas LaShawn Finley, a/k/a “Shy,” a/k/a “Shy Money,” a/k/a “Shakim Karim,” entered a guilty plea in federal court in Greenville to three counts of Possession of a Firearm By a Convicted Felon, in violation of Title 18 U.S.C. § 922(g)(1) and (9) and one count of Possession with Intent to Distribute Heroin, in violation of Title 21 U.S.C. § 841. Senior United States District Judge Henry M. Herlong, Jr., of Greenville, accepted the guilty plea and will impose the sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office. Finley faces up to Life in prison and remains in custody.
Evidence presented at the guilty plea demonstrated that on December 20, 2016, Finley was the passenger in a car that was pulled over by a Greenville County Sheriff’s Office Deputy. When the deputy requested registration documents, Finley opened the glove compartment, revealing a .40 caliber Taurus handgun. Finley reached for the glove box which contained the Taurus, but eventually was removed from the car without incident. When deputies secured the firearm, they found it was missing its magazine. The magazine, loaded with five bullets, and 2.06 grams of heroin were found on Finley.
On May 10, 2017, deputies executed a search warrant at the Red Roof Inn, Room 131 where Finley was staying. Officers recovered 9mm ammunition among Finley’s belongings and a 9mm SCCY handgun hidden in the bathroom. Finley was searched and officers located a .22 caliber bullet in his sock. Finley is prohibited from carrying firearms because of his prior felony convictions and a prior misdemeanor domestic violence conviction.
Finley’s case was expedited for federal prosecution as part of Operation “Real Time” with ATF Task Force Officers at the Greenville County Sheriff’s Office. The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms. Assistant United States Attorney Jamie Schoen prosecuted the case.
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Gray Court Man Pleads Guilty to Manufacturing Counterfeit MoneyRead the Press Release
Greenville, South Carolina---- United States Attorney Beth Drake stated that Jamie Edward Cole, age 38, of Gray Court, S.C. entered a guilty plea today in federal court in Greenville, to Manufacturing Counterfeit Currency, in violation of Title 18 U.S.C. § 471. United States District Judge Bruce Howe Hendricks accepted the guilty plea and will impose the sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that in early 2017, Cole passed counterfeit currency at numerous stores throughout the Upstate, which he manufactured himself. Many of the illegal passes were captured on the businesses’ video surveillance. When Cole was arrested, he was found with counterfeit currency on him.
Ms. Drake stated that the maximum penalty Cole could receive is 20 years imprisonment and a fine of $250,000 dollars.
The case was investigated by agents of the United States Secret Service, Anderson Country Sheriff’s Office, Simpsonville Police Department, and Greenville City Police Department. Assistant United States Attorneys Jamie Lea Schoen of the Greenville office prosecuted the case.
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Fresno Podiatrist Pleads Guilty to Health Care Fraud SchemeRead the Press Release
FRESNO, Calif. —Franklyn Collier Jones, 55, of Fresno, pleaded guilty yesterday to health care fraud, United States Attorney Phillip A. Talbert announced.
According to court documents, Jones practiced podiatry in Fresno. Between 2010 and 2015, Jones billed Medicare for surgical procedures called avulsions and matrixectomies that he did not perform. He only performed routine foot care on the patients, such as clipping of toenails.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Mark J. McKeon is prosecuting the case.
Jones is scheduled to be sentenced by Judge Lawrence J. O'Neill on January 16, 2018. Jones faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former Philadelphia District Attorney Rufus Seth Williams Sentenced to Five Years in Prison for Federal Bribery ChargeRead the Press Release
PHILADELPHIA – Former Philadelphia District Attorney Rufus Seth Williams, who previously admitted that he accepted tens of thousands of dollars’ worth of concealed bribes in exchange for his agreement to perform official acts, defrauded a nursing home and family friends of money earmarked for a family member’s care, and used political action committee funds and official government vehicles for his personal benefit, was sentenced today to 60 months in prison, Acting New Jersey U.S. Attorney William E. Fitzpatrick announced.
Williams, 50, of Philadelphia, previously pleaded guilty before U.S. District Judge Paul S. Diamond to Count One of a superseding indictment charging him with travel and use of interstate facilities to promote and facilitate bribery contrary to Pennsylvania law. Judge Diamond imposed the sentence today in Philadelphia federal court.
“Mr. Williams swore an oath that he would act according to the highest legal and ethical standards,” Acting U.S. Attorney Fitzpatrick said. “Yet, as Philadelphia’s chief law enforcement officer, he accepted lavish gifts and other bribes in return for official favors, and even defrauded his own political action committee and his mother’s nursing home to pay for his personal expenses. Today’s sentence is a fitting punishment for an elected official who put his financial interests above his constituents and the dedicated public servants of the District Attorney’s Office.”
"With today’s sentencing, Seth Williams has officially been brought to justice. But the damage he's done to the public trust is much harder to resolve," said Michael Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "Williams traded on his elected office to live larger than its six-figure salary would allow – and as a result, lost both. His corruption now claims several years of his freedom, as well."
According to documents filed in this case and statements made in court:
From July 2010 through May 2015, Williams had an arrangement with Mohammad N. Ali (identified in the indictment as “Business Owner #1”) in which Williams, while serving as the Philadelphia District Attorney, accepted trips, money, and other things of value in exchange for performing and agreeing to perform official acts on behalf of Ali, including contacting a Philadelphia police official in order to pressure and advise the official to assist Ali with security screenings at the airport. Williams also agreed to assist with criminal charges brought by the Philadelphia District Attorney’s Office against Ali’s associate.
From March 2012 through July 2015, Williams had an arrangement with Michael Weiss (identified in the superseding indictment as “Business Owner #2”) in which Williams accepted airline tickets, money, an automobile, and other things of value in exchange for performing and agreeing to perform official acts on behalf of Weiss, including appointing him as Special Advisor to the Philadelphia District Attorney’s office in November 2012 and providing an official letter to the California Department of Alcoholic Beverage Control in order to influence a then-pending hearing to revoke or suspend Weiss’ California liquor license. In July 2015, Williams also obtained a police accident report at Weiss’ request.
In addition, from February 2012 through November 2013, Williams diverted his mother’s pension and Social Security payments to pay for his own personal expenses instead of applying them to his mother’s nursing home costs, as was his obligation under agreements with the nursing home. After accepting $10,000 from his mother’s friends intended to cover expenses for her nursing home care, Williams spent that money on his personal expenses as well.
From August 2010 through August 2016, Williams also defrauded the “The Committee to Elect Seth Williams” by using its funds for personal expenditures, including parties, birthday dinners, massages, and fitness classes. He concealed this fraud by providing false or incomplete reports to the Commonwealth of Pennsylvania and to the City of Philadelphia.
Lastly, Williams engaged in a scheme to use official vehicles – which were provided by the City of Philadelphia and a federal narcotics law enforcement program – for his personal benefit. Williams used the vehicles to transport himself, family members, friends and other non-employees on non-district attorney business, including personal trips outside of Philadelphia.
“In his position as Philadelphia’s District Attorney, Williams abused the trust placed in him by the public and today’s sentencing sends a clear message that such action will not be tolerated,” said Acting IRS-Criminal Investigation Special Agent in Charge Edward Wirth. "Today's sentencing is a direct result of the excellent partnership IRS-CI, our fellow law enforcement partners, and the U.S. Attorney’s Office have in combating violations of federal law.”
“Homeland Security Investigations is pleased to have teamed with our law enforcement partners to hold accountable public officials who betray the trust of the community they are sworn to serve by engaging in criminal behavior,” said Marlon V. Miller, Special Agent in Charge of HSI Philadelphia. “Let Mr. Williams’ sentencing serve as a proof that HSI will continue to work with our law enforcement partners to investigate and bring to justice public officials who feel they are above the law.”
In addition to the prison term, Judge Diamond sentenced Williams to three years of supervised release. Judge Diamond also ordered Williams to pay forfeiture of $33,009 and restitution of $58,422.83.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Michael Harpster in Philadelphia; special agents of IRS-Criminal Investigation, Philadelphia Office, under the direction of Acting Special Agent in Charge Edward Wirth, and special agents of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigation (HSI) Philadelphia, under the direction of Special Agent in Charge Marlon V. Miller, with the investigation. He also thanked the U.S. Department of Health and Human Services-Office of Inspector General, under the direction of Special Agent in Charge Nick DiGiulio, for its participation in the investigation.
The U.S. Attorney in the Eastern District of Pennsylvania recused his office from the investigation involving the Philadelphia District Attorney’s Office, and the matter was assigned to the U.S. Attorney’s Office for the District of New Jersey. Two prosecutors from the Eastern District of Pennsylvania office were assigned to the case, subject to the supervision of prosecutors in the New Jersey office.The government is represented by Deputy Chief Eric W. Moran of the U.S. Attorney’s Office Criminal Division and Chief of Appeals Robert A. Zauzmer and Assistant U.S. Attorney Vineet Gauri of the U.S. Attorney’s Office in Philadelphia.
Defense counsel: Thomas F. Burke Esq., Philadelphia.
Former Owner of Nashville Motor Cars Sentenced to PrisonRead the Press Release
Randl Arthur Roth, 49, of Murfreesboro, Tennessee, the former owner of Murfreesboro-based Nashville Motor Cars Premier car dealership, was sentenced today by Chief U.S. District Judge Waverly D. Crenshaw, Jr., to 24 months in federal prison for defrauding his dealership’s customers and business partners of more than $550,000, announced U.S. Attorney Donald Q. Cochran of the Middle District of Tennessee.
Roth was also sentenced to one year of supervised release at the conclusion of his prison sentence and ordered to pay $595,569.72 in restitution.
Roth, the former owner of now defunct Nashville Motors Cars in Murfreesboro, was charged in April of this year and pleaded guilty on May 31, 2017, to conspiracy to commit bank and wire fraud. According to court documents, beginning in 2014 Roth devised a scheme to defraud the dealership’s customers; the banks that financed customer’s car purchases; and individuals and companies that financed the dealership’s inventory.
Roth and his co-conspirators carried out the scheme by representing to numerous customers and their banks that Nashville Motor Cars had clean titles to the cars they sold when, in fact, Roth knew that there were existing liens on those cars. Roth also represented to private investors, when seeking additional credit, that certain automobiles were part of the dealership’s inventory and would secure the loans, but in fact, the vehicles had already been sold.
Roth also submitted fraudulent, duplicate car title applications to the Rutherford County Clerk’s Office and provided a copy of the applications or duplicate titles to the dealership’s inventory financiers.
This case was investigated by the Federal Bureau of Investigation with assistance from the Murfreesboro Police Department and the Tennessee Highway Patrol Criminal Investigation Division. Assistant U.S. Attorney Henry C. Leventis prosecuted the case.
Former Goffstown Youth Coach Pleads Guilty to Producing Child PornographyRead the Press Release
CONCORD, N.H. - Acting United States Attorney John J. Farley announced that Matthew Riehl, 25, of Goffstown, New Hampshire, pleaded guilty today to producing child pornography.
According to court documents and statements in court, Riehl coached youth sports teams in Goffstown. While posing as a teenage girl, he contacted his victims using social media accounts and persuaded his victims to take photographs of themselves and send the photographs to him. When some of the victims sent pictures that were not sexually explicit, Riehl worked to convince them to take photographs showing more sexually explicit conduct. In some instances, Riehl was able to coerce the victims to send explicit photographs by threatening to post on social media photographs that the victims previously had sent to him.
On August 31, 2016, a search warrant was executed at the defendant’s residence in Goffstown and Riehl’s cell phone was seized. A forensic examination of the phone by the New Hampshire Internet Crimes Against Children (ICAC) Task Force revealed approximately 500 photographs of minor boys, in various states of dress, including examples of child pornography. Numerous photographs depicted individuals who were members of teams that Riehl had coached.
Riehl will be sentenced on January 31, 2018. He faces a mandatory minimum sentence of 15 years in prison and a maximum of 30 years in prison.
“This case presents an important reminder that young people need to be cautious in their use of social media,” said Acting U.S. Attorney Farley. “Unfortunately, some individuals adopt false identities on the Internet in order to manipulate and exploit their young victims. The U.S. Attorney’s Office and our law enforcement partners will work aggressively to investigate and prosecute those who seek to exploit young people. We also encourage parents to speak to their children about the dangers that lurk on the Internet.”
“This should serve as yet another warning to child predators who think they can hide behind the anonymity of the Internet,” said Special Agent in Charge Matthew Etre of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Boston. “Our message is clear, ‘We can see what you do; and we have the capability to find you, regardless of where you choose to hide.’ HSI, and our local and state partners, remain dedicated to unmasking Internet child predators and bringing them to justice.”
“This investigation is another fine example of the collaborative efforts of state, local and federal law enforcement agencies working to bring to justice those who prey on society's most innocent victims,” said Detective Sergeant, Thomas A. Grella, Commander, New Hampshire Internet Crimes Against Children Task Force.
The Goffstown Police Department would like to thank everyone involved in this case for coming forward and providing crucial information that has been instrumental in seeing this case come to a successful conclusion.
This case was investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Goffstown Police Department, the Hillsborough County Attorney’s Office, and the New Hampshire Internet Crimes Against Children Task Force, which includes members of several other police departments. The case is being prosecuted by Assistant U.S. Attorneys Arnold Huftalen and Georgiana Konesky.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, 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.
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Former Garland Independent School District Executive Director of Human Resources Sentenced in Conspiracy to Falsify Immigration DocumentsRead the Press Release
DALLAS — Victor Leos, 63, of Garland, Texas, was sentenced yesterday before U.S. District Judge David C. Godbey to 24 months in federal prison and ordered to pay $317,482 in restitution for falsifying immigration documents, announced U.S. Attorney John Parker of the Northern District of Texas.
Leos pleaded guilty in May 2017 to one count of conspiracy to commit false statements in connection with immigration documents. Leos was ordered to surrender to the Bureau of Prisons on January 28, 2018.
“This school district human resources executive perpetrated a fraud on numerous overseas teachers, his school district and the U.S. government,” said Katrina W. Berger, special agent in charge of HSI Dallas. “He upended all these lives and perpetrated this fraud for the most selfish of reasons — personal profit. HSI will continue working with our law enforcement partners to identify and disrupt immigration benefit fraud and bring to justice those involved in these illegal schemes.”
“Today’s action shows that this former school official not only knowingly and willfully abused his position of trust for personal gain, but did so at the expense of the educational development of children. That is unacceptable,” said Neil Sanchez, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Southern Regional Office. “Deservedly, Mr. Leos will be held accountable for cheating Garland students and taxpayers.”
According to plea documents, Leos was employed by Garland Independent School District (GISD), located in Garland, Texas from 1998 to 2013. Leos was responsible for recruiting teachers from Mexico, Central and South America, and the Philippines to fill open teaching positions at GISD. From around 2007 to around 2012, Leos engaged in a criminal conspiracy with outside recruiters to recruit and hire foreign teachers that GISD did not necessarily need. Leos benefitted by receiving kickbacks in the form of inflated fees to teach orientation classes, travel, and other forms of remuneration. After the foreign teachers were employed at GISD on H-1B temporary visas, Leos knew they were unlikely to qualify for Form 9089s (Applications for Permanent Employment Certification). To further the conspiracy, Leos knowingly signed and filed falsified Form 9089s with the Department of Labor (DOL) to sponsor the teachers for employment-based permanent resident applications.
Leos admitted that from August 27, 2012 to December 6, 2012, he signed and filed thirty-eight Form 9089s for GISD in which he knowingly made false statements. In each Form 9089, Leos certified that all U.S. workers who applied for the job opening were rejected for lawful jobrelated reasons when Leos knew this was not the case. To support these false statements, Leos created recruitment reports which contained additional false statements regarding the number of U.S. applicants for the open positions and the reasons for the rejection of the U.S. applicants. Leos had these recruitment reports submitted to DOL to support the falsified Form 9089s that were also submitted.
This was a joint investigation involving U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Department of Labor-Office of the Inspector General, the Department of Education-Office of the Inspector General, and the Federal Bureau of Investigation. Assistant U.S. Attorney Russell Fusco was in charge of the prosecution, which was assisted by Assistant U.S. Attorney John Kull.
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Former Erie Resident Sentenced to Prison for Possessing Guns while on BondRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been sentenced in federal court to 24 months in jail on his conviction of violating federal firearm laws, Acting United States Attorney Soo C. Song announced today.
United States District Judge David S. Cercone imposed the sentence on Ezra Eugene Davis, 33.
According to information presented to the court, on October 21, 2016, Davis possessed seven firearms while released on bond awaiting trial on local gun and drug charges. Davis was also convicted of the knowing possession of stolen firearms and with possession of firearms while a current user of controlled substances. The court was advised that Davis possessed multiple firearms that had been stolen during the burglary of a Millcreek Township residence in September 2016. The firearms were seized from Davis on October 21, 2016, when law enforcement officers executed a federal search warrant in Erie, Pennsylvania.
This case was prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
Acting United States Attorney Song commended the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Millcreek Township Police Department for the investigation leading to the successful prosecution of Davis.
Former Deportation Officer Sentenced to Seven Years in Prison for Accepting Bribes, Harboring an Undocumented Immigrant and Lying to U.S. Immigration AuthoritiesRead the Press Release
NEWARK, N.J. – A Somerset, New Jersey, man was sentenced today to 84 months in prison for accepting cash bribes and sex in exchange for providing employment authorization documents and concealing his employment of an undocumented immigrant at a hair salon he owned, Acting U.S. Attorney William E. Fitzpatrick announced.
Arnaldo Echevarria, 40, a former deportation officer with Immigration and Customs Enforcement (ICE), was previously convicted of Counts 1-6 and Counts 8 and 9 of an indictment charging him with seven counts of accepting bribes, one count of harboring an undocumented immigrant and one count of making false statements to immigration authorities. He was acquitted on Count 7, one of the bribery counts. Echevarria was convicted following a one-week trial before U.S. District Judge Esther Salas, who imposed the sentence today in Newark federal court.
According to statements made in court and evidence presented at trial:
As a deportation officer, Echevarria enforced immigration and customs laws by identifying, locating, arresting and removing undocumented immigrants from the United States and by supervising certain undocumented immigrants who had not yet been deported. Undocumented immigrants subject to a deportation order often were able to obtain employment authorization documents which allowed them to legally work in the United States for a one-year period and which could be renewed annually.
Between 2012 and 2014, Echevarria agreed to obtain employment authorization documents for undocumented immigrants who were not lawfully present in the country. In return, Echevarria demanded and received approximately $75,000 in cash bribes, and demanded and received sex from one individual. In order to conceal them from immigration authorities, Echevarria falsely stated that they had been granted temporary protected status, which allows nationals from certain countries experiencing environmental disaster, ongoing armed conflict, or other extraordinary conditions to lawfully remain in the United States. None of the individuals who bribed Echevarria had actually applied for, or received, temporary protected status.
In December 2012, Echevarria received permission from his superiors at ICE to open a hair salon in West Orange, New Jersey. Echevarria certified to ICE that the hair salon would not conflict with ICE matters and would not involve undocumented workers. However, Echevarria employed his girlfriend at the time, an undocumented immigrant, to manage the salon. Echevarria’s girlfriend had entered the United States illegally, using the name and identification of an individual in Puerto Rico to obtain a Pennsylvania identification card.
Echevarria knew his girlfriend resided in the United States illegally. Prior to opening the hair salon, Echevarria queried the name and date of birth of his girlfriend’s alias in various law enforcement databases. After opening the salon, Echevarria ensured that his girlfriend’s illegal status remained a secret by signing the lease for her apartment and by placing her cable and electric bills in his name. In addition to driving his girlfriend and other employees to and from the salon each day, Echevarria also paid the employees in cash and never asked them to fill out employment eligibility paperwork.
In addition to the prison term, Judge Salas sentenced Echevarria to three years of supervised release and ordered to pay forfeiture of $75,000.
Acting U.S. Attorney Fitzpatrick credited special agents of ICE, Office of Professional Responsibility, under the direction of Special Agent in Charge Keith Barwick, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Rahul Agarwal of the U.S. Attorney’s Office Special Prosecutions Division in Newark, and Barbara Llanes, Deputy Chief of the General Crimes Unit.
Defense counsel: Michael Koribanics Esq., Clifton, New Jersey
Former Attorney Sentenced for Mortgage FraudRead the Press Release
BOSTON – A disbarred Massachusetts attorney was sentenced today in federal court in Boston for defrauding mortgage companies in connection with multiple mortgages she obtained on a single residence.
Margaret Connolly, 62, of Scituate, was sentenced by U.S. District Court Judge Leo T. Sorokin to two years in prison, three years of supervised and ordered to pay $1,267,000 in restitution. In June 2016, Connolly pleaded guilty to three counts of bank fraud.
From May 2005 to May 2008, Connolly fraudulently obtained multiple mortgage loans on her Scituate residence from different banks in amounts ranging from $465,000 to $648,000 by submitting false information regarding her employment history, income, assets, and debt. Connolly also submitted false title reports, prepared by her own company, to fraudulently represent to the lenders that the property was free and clear of liens from pre-existing, unpaid mortgage loans. In fact, Connolly successively placed mortgage loans aggregating $2,025,000 on the same property without paying off the existing mortgages as she fraudulently represented to lenders. In 2007, Connolly was disbarred.
Acting United States Attorney William D. Weinreb; Steven Perez, Special Agent in Charge of the Federal Housing Finance Agency, Office of Inspector General, Northeast Region; and Christy Goldsmith Romero, Special Inspector General for the Office of the Special Inspector General for the Troubled Asset Relief Program, made the announcement today. Assistant U.S. Attorney Victor A. Wild of Weinreb’s Economic Crimes Unit prosecuted the case.
Former Alarm Monitoring Company Employees Charged with FraudRead the Press Release
HOUSTON – Two Houston area women and one man have been charged with wire fraud and conspiracy to commit wire fraud, announced Acting U.S. Attorney Abe Martinez.
A federal grand jury returned a sealed indictment against Sonja Martinez, 46, of Rosharon, Michell Garcia, 36, of Spring, and Ray Torres, 46, of Houston, on Oct. 18, 2017. Martinez was taken into custody yesterday and is expected to make her initial appearance before U.S. Magistrate Judge Stephen Smith today at 2:00 p.m. Garcia and Torres have been ordered to make their appearances Friday, Oct. 27 at 10:00 a.m.
The three defendants are alleged to have electronically submitted falsified vendor requests for payment to divert money to themselves from their former employer’s bank account. All are charged with one count of conspiracy and eight counts of wire fraud.
The indictment alleges that Martinez, Garcia and Torres worked at the Houston branch of a Florida-based security company that installed, tested and monitored fire and security systems. The Florida company had acquired the Houston branch from another company, and all three defendants had worked at the predecessor company, according to the indictment.
The company used third party vendors to install its alarm systems. The indictment alleges Martinez and Garcia worked in the accounting department and were responsible for paying the vendors and noting in the company’s accounting system. From November 2011 until May 2016, Martinez, Garcia and Torres allegedly participated in a scheme to divert approximately $1,661,163 to themselves and their family members. The indictment alleges they used a computer in Texas to submit fraudulent vendor requests for payment to their employer’s out-of-state bank. They then allegedly used an electronic bank token to release funds to ACH transfer money from their employer’s bank account to their own bank accounts and bank accounts of their relatives.
The FBI conducted the investigation. Assistant U.S. Attorney Belinda Beek is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.
Final Defendant Pleads Guilty to $6.6 Million K2 ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced today that a California man pleaded guilty in federal court today to his role in a conspiracy to distribute more than $6.6 million of synthetic cannabinoids, also known as K2, at Callaway County, Mo., businesses.
Raja Amer Nawaz, also known as “Rex,” 43, of Roseville, Calif., pleaded guilty before U.S. Magistrate Judge Willie J. Epps, Jr., to conspiracy to commit mail fraud, which was related to the distribution of synthetic cannabinoids.
Nawaz and other conspirators in California sold synthetic cannabinoids to several Calloway County businesses. According to court documents, the conspiracy generated $6,656,843 in gross proceeds. By pleading guilty today, Nawaz agreed to forfeit to the government $2,919,407, which represents the proceeds of the conspiracy directly attributable to his criminal conduct.
Nawaz is the final defendant among 13 co-defendants who have pleaded guilty in this case. Jason Lee Houston, 37, Shawn Michael Browning, 27, Timothy Christopher Sandfort, 31, Joshua Adam Sheets, 31, and Brandon Derek Rader, 33, all of Fulton, Mo., and Michael James Butler, 40, of Sacramento, Calif., also pleaded guilty to participating in the mail fraud conspiracy as well as a money-laundering conspiracy. Curtis Whayne Gonzales, 57, and Aleksandr Polyanskiy, 35, both of the Sacramento area, pleaded guilty to participating in the mail fraud conspiracy. Nawaz’s wife, Sheila Marie Nawaz, 40, of Roseville, and Dara Leanne Shirley, 31, of Fulton, pleaded guilty to participating in the money-laundering conspiracy. Casey Dewayne Miller, 32, of Columbia, and Billie L. Bruce, 36, of Jefferson City, each pleaded guilty to distributing synthetic cannabinoids.
Houston, Sandfort, Rader, Shirley, Miller and others operated First Stop Last Stop Pawn & Aromatherapy, Inscentives Resale and Inscentives Auto. First Stop Last Stop Pawn & Aromatherapy represented itself as a “pawn shop” and “potpourri store.” Inscentives Resale was represented to be a “buy, sell, and trade business.” Inscentives Auto held a Missouri motor vehicle dealer’s license. Browning, Sheets, Bruce and others operated Esscentials Resale and S&J Tobacco.
These businesses purchased synthetic cannabinoids from Nawaz, Polyanskiy, Butler and Gonzolaz from Dec. 18, 2012, to July 16, 2015. At least 251 shipments of synthetic cannabinoids were made via FedEx and UPS. Inscentives Resale sold synthetic cannabinoids from locations in Auxvasse, Mo., and Fulton. Esscentials Resale and S&J Tobacco sold synthetic cannabinoids from locations in Holts Summit, Mo.The packages of synthetic cannabinoids bore misbranded labels that misidentified the contents as “incense,” “aroma therapy” or “potpourri” that were “not for human consumption.” In fact, these products were drugs intended for human consumption as a drug. Conspirators mislabeled packages of synthetic cannabinoids for the purpose of avoiding government regulation over these drugs, and to protect the continued sale of these drugs.
Between Jan. 16, 2013, and April 18, 2015, Nawaz received at least $1,986,442 as payment for synthetic cannabinoids from Houston, Sandfort, and Rader, through First Stop Last Stop Pawn & Aromatherapy, Inscentives Resale and Inscentives Auto.
Between Jan. 16, 2013, and April 18, 2015, Nawaz received at least $932,965 as payment for synthetic cannabinoids from Browning and Sheets through Esscentials and S&J Tobacco.
Under the terms of today’s plea agreement, the government will recommend that Nawaz receive a sentence of eight years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the DEA Task Force – Jefferson City, DEA Sacramento, Calif., DEA Reno, Nev., IRS-Criminal Investigation, the Missouri State Highway Patrol, the MUSTANG Drug Task Force, the Callaway County, Mo., Sheriff’s Department, the Cole County, Mo., Sheriff’s Department, the Jefferson City, Mo., Police Department, the Fulton, Mo., Police Department and the Holts Summit, Mo., Police Department.
Federal inmates sentenced to prison on weapons chargesRead the Press Release
CHARLESTON, W.Va. – Two inmates who possessed weapons at the Federal Correctional Institution at McDowell were sentenced to prison today, announced United States Attorney Carol Casto. Antonio Freeman, 30, was sentenced to a year and a month in federal prison after previously pleading guilty to possession of a weapon by an inmate. In a separate prosecution, Robert Aguon, 42, was also sentenced to a year and a month in federal prison after pleaded guilty to the same crime. The new sentences will be served consecutively to the sentences these inmates are currently serving.
Freeman admitted that on August 25, 2016, he ran away from staff members of the prison and threw an object on the roof of a building. A staff member retrieved the object and found that it was a piece of wood over five inches long that was sharpened to a point. There was tape on the other end of the object to serve as a handle and a cord attached as a lanyard. The object was a handcrafted weapon commonly known as a “shank.”
In a separate prosecution, Aguon admitted that on February 24, 2017, during a search, a staff member of the prison discovered an object inside the seam of Aguon’s pants. The object was a “shank,” and was made from a piece of metal, approximately six inches in length, sharpened to a point on one end with duct tape around the opposite end to form a handle.
These cases were investigated by the Federal Bureau of Prisons. Assistant United States Attorney John File handled the prosecutions. Senior United States District Judge David A. Faber imposed the sentences.
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