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24 October 2017
Federal Jury Convicts Sanford Felon for Selling Drugs and Firearms in OrlandoRead the Press Release
Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Christopher Gerard Dickerson (38, Sanford) guilty of one count of conspiracy to distribute and possessing with the intent to distribute controlled substances, four counts of distribution and possession with the intent to distribute controlled substances, and one count of possessing a firearm as a convicted felon. He faces a minimum mandatory penalty of 15 years, up to life, in federal prison. A sentencing hearing is scheduled for January 10, 2018.
Dickerson was indicted on May 17, 2017.
According to testimony and evidence presented at trial, Dickerson conspired with others to possess and sell street-level quantities of heroin, cocaine, fentanyl, and crack. On two occasions in September 2016, in parking lots in east Orlando, Dickerson sold grams of heroin to a confidential informant who was working for law enforcement. Thereafter, he agreed to sell firearms and drugs to an undercover agent with the Orange County Sheriff’s Office.
On March 17, 2017, at a hotel on International Drive in Orlando, Dickerson and a co-conspirator, David Charles Heineman, sold the undercover agent seven firearms, a bag of cocaine, ammunition, and a large-capacity drum magazine for one of the firearms. The firearms included semiautomatic pistols, a tactical rifle, shotguns, and an AK-47 style firearm. Three of the seven firearms had been reported stolen. Heineman also later sold two additional firearms, two bulletproof vests, and other drugs to the undercover agent.
On April 19, 2017, agents executed a federal search warrant at Dickerson and Heineman’s apartment in Titusville. After Dickerson’s arrest, agents recovered a stash of drugs from the apartment, including crack and fentanyl.
Due to his multiple prior felony convictions, including possession of cocaine, delivery of hydromorphone, possession of cocaine with the intent to sell or deliver, and possession of a firearm by a convicted felon, Dickerson is prohibited from possessing a firearm or ammunition under federal law.
On October 3, 2017, Heineman pleaded guilty to conspiracy to distribute and possessing with the intent to distribute controlled substances and possessing a firearm as an unlawful user of a controlled substance. His sentencing hearing is scheduled for December 20, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Orange County Sheriff’s Office, with assistance from the Federal Bureau of Investigation and the Orlando Police Department. It is being prosecuted by Assistant United States Attorney Andrew C. Searle.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN) — a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety-one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney W. Stephen Muldrow coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Federal Grand Jury IndictmentsRead the Press Release
United States Attorney Beth Drake stated today that on October 24, 2017, a Federal Grand Jury in Florence, South Carolina, returned an Indictment against the following: Horry County Man Indicted for Illegal Reentry into the United States After Deportation. Miguel Pedroza-Naquid, age 27, of Horry County, South Carolina, was charged in a single-count indictment with illegal reentry into the United States after deportation, a violation of Title 8, United States Code, Section 1326(a). The maximum penalty Pedroza-Naquid faces is a maximum penalty of two years imprisonment and a fine of $250,000.00. The case was investigated by the ICE-Enforcement Removal Operations. The case is assigned to Assistant United States Attorney A. Bradley Parham of the Florence office for prosecution.
Florence Man Indicted for Illegal Reentry into the United States After Deportation. Agustin Rincon-Hipolito, age 33, of Florence, South Carolina, was charged in a single-count indictment with illegal reentry into the United States after deportation, a violation of Title 8, United States Code, Section 1326(a). The maximum penalty Rincon-Hipolito faces is a maximum penalty of two years imprisonment and a fine of $250,000.00. The case was investigated by the ICE-Enforcement Removal Operations. The case is assigned to Assistant United States Attorney A. Bradley Parham of the Florence office for prosecution.
Conway Man Indicted for Hobbs Act Armed Robbery, Felon in Possession of a Firearm, and Possession of a Firearm in Furtherance of a Crime of Violence. Dajon Saleem Gamble, age 26, of Conway, South Carolina, was charged in a three-count indictment with Hobbs Act Armed Robbery, a violation of Title 18, United States Code, Section 1951(a); felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g)(1); and, possession of a firearm in furtherance of a crime of violence, a violation of Title 18, United States Code, Section 924(c)(1)(A). Gamble faces a mandatory minimum, consecutive penalty of seven years imprisonment and a maximum of life. The case was investigated by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, ATF Horry County Task Force, and Myrtle Beach Police. The case is assigned to Assistant United States Attorney Alfred W. Bethea, Jr., of the Florence office for prosecution.
The United States Attorney stated that all charges in these Indictments are merely accusations and that the defendants are presumed innocent until and unless proven guilty.#####
Fall River Man Pleads Guilty to Distributing Heroin and FentanylRead the Press Release
BOSTON – A Fall River man pleaded guilty today in federal court in Boston to his role in a heroin and fentanyl trafficking organization that operated in Taunton and Boston.
Malvin Berrios, 35, pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute heroin and fentanyl. In February 2017, Berrios was arrested and charged along with 22 other co-defendants. U.S. District Court Judge Indira Talwani scheduled sentencing for Dec. 22, 2017.
From mid-2016 through February 2017, federal law enforcement investigated two drug trafficking organizations operating in Taunton and Boston led by Jose Antonio Lugo-Guerrero, 32, a Dominican national, and Fernando Hernandez, 42, a Dominican national residing in Providence, R.I. Hernandez allegedly ran a heroin and fentanyl trafficking organization in Taunton. The organization sold heroin and fentanyl to customers who re-distributed a portion of the drugs they obtained. It is alleged that Hernandez obtained drugs from a network of suppliers that included Lugo-Guerrero.
Lugo-Guerrero allegedly operated a drug trafficking organization in Fall River and Boston and sold to numerous customers, including Berrios. It is further alleged that Lugo-Guerrero and his associates obtained a significant quantity of illegal drugs by robbing other drug traffickers.
Berrios is the sixth defendant to plead guilty. Hernandez and Lugo-Guerrero each pleaded not guilty and are awaiting trial.
The conspiracy charge provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William Weinreb; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Fall River Police Chief Daniel S. Racine; New Bedford Police Chief Joseph C. Cordeiro; Taunton Police Chief Edward James Walsh; Boston Police Commissioner William B. Evans; and Bristol Country District Attorney Thomas M. Quinn made the announcement today. Assistant U.S. Attorney Ted Heinrich of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Employee at FCI Elkton charged with attempting to provide cigarettes to inmateRead the Press Release
A one-count information was filed charging a federal prison employee with providing a prohibited object to an inmate, said U.S. Attorney Justin E. Herdman.
Keith Stokes, 48, of Lisbon, Ohio, attempted to provide cigarettes to an inmate on Sept. 25, 2016. Stokes was employed by FCI Elkton at the time, according to the information.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the information was conducted by the Office of the Inspector General. The matter is being prosecuted by Assistant U.S. Attorney David M. Toepfer.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Eight members of large tax fraud conspiracy sentenced in false claims and money-laundering schemeRead the Press Release
ATLANTA – Eight additional members of a large Atlanta-based tax fraud and money laundering conspiracy have been sentenced for their roles in stealing funds from the U.S. Treasury. The defendants were all indicted in United States v. Calvin C. Barnes a/k/a “Big Cal”, Sharon Cecal, Kenneth Cottrell, Zechariah Daniel a/k/a “Zech” a/k/a Leroy Harris, Derrick Lawson, Reynolds Scott III, Anthony Shivers and Calvin C. William a/k/a “Lil’ Cal.”
“These defendants conspired to file false claim after false claim against the United States, treating the U.S. Treasury like an ATM and stealing from every honest taxpayer in the process,” said U.S. Attorney Byung J. Pak. “In addition to prison sentences, these defendants have all been ordered to pay substantial amounts of restitution to claw back the fruits of their criminal conduct and ensure crime doesn’t pay.”
“Tax fraud schemes are becoming more complex and perpetrators are continually creating new ways to generate fraudulent claims to the IRS,” said James Dorsey, Acting Special Agent in Charge. “IRS Criminal Investigation will continue to work with our law enforcement partners in uncovering these schemes and bringing the criminals to justice.”
“The Secret Service and our law enforcement partners work tirelessly to maintain the taxpayers’ trust in our economic system. We will continue to combine our investigative capabilities to actively pursue and arrest offenders who violate this trust,” said Kenneth Cronin, Special Agent in Charge of the United States Secret Service, Atlanta Field Office. “Today’s sentencing should be a warning to criminals and their conspirators that stealing from the American people will not go unpunished.”
According to U.S. Attorney Pak, the charges and other information presented in court: In 2009, 2010, 2011 and 2012, members of the conspiracy filed and caused to be filed over 100 fraudulent corporate tax returns, claiming $35 million in refunds for fuel taxes falsely claimed to have been paid on fuel purchased for off-road company vehicles. The IRS actually paid the co-conspirators over $5.6 million from those falsely claimed tax refunds, before those losses were stopped at the time of the first arrest in this investigation in May 2012. The false claims were made in the names of hijacked corporations and shell companies, none of which used off-road vehicles or paid the fuel tax claimed for refund.
The Internal Revenue Service began investigating the case while the conduct was still ongoing, based on certain similarities in the returns. However, there was a large break in the investigation when a defendant in an unrelated federal fraud case learned of the conspiracy and decided to cooperate with law enforcement. The cooperator worked with agents of the U.S. Secret Service to organize a series of undercover meetings with members of the conspiracy, which he recorded. In the meetings, Anthony Shivers and his brother Charlie Shivers III, a leader of the conspiracy, described the roles of numerous members of the conspiracy and how the returns were prepared and filed.
Based on the information and recordings provided by the cooperator, agents obtained a search warrant for the home of Charlie Shivers III, which was executed the morning of Saturday, May 12, 2012 at the same time as his arrest. The search recovered numerous copies of fraudulent U.S. corporation income tax returns, copies of tax refund checks, some bank records, notes of addresses to which fraudulent checks had been mailed, and cryptic handwritten notes of the dates returns had been filed and the amounts of refunds requested. Using the large volume of evidence gathered during the search and cooperation from several defendants who began cooperating with law enforcement after it, agents were able to learn the extent of the conspiracy and identify pending fraudulent returns that were part of it, preventing further losses to the U.S. Treasury.
Kenneth Cottrell, who has worked as a tax preparer, was personally involved in the preparation of some of the fraudulent returns. Calvin L. Barnes, Sharon Ceacal, Zechariah Daniel, Derrick Lawson, Reynolds Scott III and Calvin C. Williams were primarily involved with negotiating the fraudulently obtained refund checks and distributing the proceeds to coconspirators. Anthony Shivers assisted his brother Charlie Shivers III with whatever needed to be done in the conspiracy.
U.S. District Judge Thomas W. Thrash imposed sentences on the eight defendants, who had all pleaded guilty, as follows:
- Calvin L. Barnes, a/k/a “Big Cal”, 36, of Forest Park, Georgia, was sentenced to one year and one day in prison, followed by three years of supervised release. The court announced that it intends to also order restitution of approximately $1,043,851, but held open the final restitution order for seven days to determine whether Barnes is entitled to credit for certain pre-sentencing payments to the IRS. Barnes pleaded guilty to count six (theft of government funds) on March 1, 2017.
- Sharon Ceacal, 51, of Warner Robins, Georgia, was sentenced on August 2, 2017 to a year and a day in prison, followed by three years of supervised release, and ordered to pay restitution in the amount of $1,549,250. Ceacal pleaded guilty to count one (false claims conspiracy) on January 11, 2017.
- Kenneth Cottrell, 33, of Atlanta, Georgia, was sentenced on July 31, 2017 to 6 months in prison, followed by three years of supervised release, and ordered to pay restitution in the amount of $754,586. Cottrell pleaded guilty to count one (false claims conspiracy) on March 1, 2017.
- Zechariah Daniel, a/k/a “Zech”, a/k/a “Leroy Harris”, 36, of Atlanta, Georgia, was sentenced on August 2, 2017 to two years, four months in prison, followed by three years of supervised release, and ordered to pay restitution in the amount of $2,566,491. Daniel pleaded guilty to count one (false claims conspiracy) on December 20, 2016.
- Derrick Lawson, 43, of Lithonia, Georgia, was sentenced on August 3, 2017 to one year, six months in prison, followed by three years of supervised release, and ordered to pay restitution in the amount of $1,021,705. Lawson pleaded guilty to count five (theft of government funds) on February 15, 2017.
- Reynolds Scott III, 49, of Atlanta, Georgia, was sentenced on August 2, 2017 to four months in prison, followed by three years of supervised release, and ordered to pay restitution in the amount of $1,549,250. Scott pleaded guilty to count one (false claims conspiracy) on December 20, 2016.
- Anthony Shivers, 47, of Lovejoy, Georgia, was sentenced on May 1, 2017 to three years, five months in prison, followed by three years of supervised release, and ordered to pay restitution in the amount of $505,399. Shivers pleaded guilty to count one (false claims conspiracy) on February 15, 2017.
- Calvin C. Williams, a/k/a “Lil’ Cal”, 48, of Smyrna, Georgia, was sentenced on August 2, 2017 to 10 months in prison, followed by three years of supervised release, and ordered to pay restitution in the amount of $1,876,014. Williams pleaded guilty to count one (false claims conspiracy) on December 20, 2016.
Three other defendants were previously sentenced for their roles in the scheme, after being charged under separate indictments:
- Charlie Shivers III, of Atlanta, Georgia, pleaded guilty to two counts of filing false claims against the United States on August 9, 2012, and was sentenced to seven years in prison, followed by three years of supervised release, and ordered to pay restitution in the amount of $5,630,681.66.
- Kenneth Michael Pettis, Sr., was sentenced to four years, three months in prison, to be followed by three years supervised release. Pettis had tried to cash two large refund checks generated by the scheme, using fake IDs, and pleaded guilty to one count of conspiracy to steal government funds.
- Demetrius Weddle was sentenced to two years, seven months confinement, to be followed by three years supervised release. Weddle pleaded guilty to bank fraud, after being caught trying to cash one of the refund checks generated by the scheme.
This case was investigated by the U.S. Secret Service and Internal Revenue Service Criminal Investigation, with valuable assistance from the DeKalb County Police Department.
Assistant U.S. Attorney Alana R. Black prosecuted the case. The previous, related cases against Charlie Shivers III and Kenneth Michael Pettis were prosecuted by Assistant U.S. Attorneys Gale McKenzie and Alana R. Black, and the case against Demetrius Weddle was prosecuted by Assistant U.S. Attorney Stephen H. McClain.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Eagle Butte Man Charged with Felon in Possession of FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of Firearm.
D’Boy Condon, age 39, was indicted on October 17, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on October 23, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 31, 2016, Condon, having been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed and received a firearm, to wit: Western Field, Montgomery ward, .30-06 caliber rifle, which had been shipped and transported in interstate and foreign commerce.
The charge is merely an accusation and Condon is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Condon was released on bond pending trial. A trial date has not been set.
Drug-Free Community Coalitions Unite to Fight Substance AbuseRead the Press Release
WATERTOWN, NEW YORK – Acting United States Attorney Grant C. Jaquith and more than 100 community coalition members are meeting in Watertown today to unite in their fight against substance abuse and its devastation on individuals, their families and their communities.
This is the first meeting of the Northern and Central New York Community Coalition Summit. The purpose of the summit is for coalitions to gain strength through uniting their forces in prevention, intervention and treatment, and to launch a region-wide 2018 January Media Blitz.
Acting United States Attorney Grant C. Jaquith said: “The deadliest drug epidemic our nation has experienced has hit upstate communities hard. In 2016, 399 people died from overdoses involving prescription opioids, heroin, and fentanyl in the 32 counties of the Northern District of New York. There has been a resurgence of the local production of methamphetamine in small clandestine laboratories, with nearly 3 of 4 in New York occurring in a Northern District county. And cases addressing the influx of dangerous synthetic cannabinoids and cathinones continue. But there is hope -- in the remedial and preventive effects of strong law enforcement, which reduces the importation and supply of these drugs, deters dealers, and spreads information that helps people understand the danger, and in partnerships with community coalitions that bring together people of all walks of life to focus on education, intervention, and treatment. We are working together to help those who are suffering find health and avert tragedy.”
Resources for the summit were provided by the Central New York Prevention Resource Center – New York State Office of Alcoholism and Substance Abuse Services (OASAS); Pivot Alcohol & Substance Abuse Council of Jefferson County; the Seaway Valley Prevention Council; the Alliance for Better Communities, Watertown; the Massena Drug Free Community Coalition; the New York National Guard Counterdrug Task Force; and the United States Attorney’s Office for the Northern District of New York.
More than 100 members of community coalitions and partnerships for substance abuse prevention are attending the one-day summit in Watertown. The summit will also be livestreamed on the United To Fight It Facebook page (https://www.facebook.com/United2FightIt) for those who cannot make the trip. Attendees and viewers will learn of current drug trends in the region from a panel made up of the Drug Enforcement Administration, United States Attorney’s Office, Jefferson County District Attorney, and the Massena Police Chief. They will hear from substance abuse prevention and education expert Michael Nerney, who will share advice on how to help the general public understand and respond to these deadly addictions.
In the afternoon, a media panel made up of television, radio and print communications leaders will discuss how community coalitions can partner with their local media outlets throughout the month of January 2018, to blanket their communities with stories and information on substance abuse prevention and addiction.
Coalitions attending the summit include: the Akwesasne Coalition for Community Empowerment, St. Regis; Alliance for Better Communities, Watertown; Cayuga County Drug Free Community Coalition; Chenango Substance Abuse Prevention Coalition; Essex County Heroin & Opioid Prevention Coalition (ECHO); Lake Placid/Wilmington Connection Youth and Communities Coalition; Massena Drug Free Coalition; Nopiates, Rensselaer County; Ogdensburg Community Group; Oneida County Communities that Care (CTC); Oswego County Prevention Coalition; Project Save Our Community, Harrisville; Rensselaer County Heroin Task Force, Troy; TRACs Coalition, Berlin Central School District; Tri-Town Coalition on Substance Abuse Prevention; Troy Drug Free Community Coalition; YEAH! Coalition, Lowville; and Youth Substance Abuse Prevention Coalition, Syracuse.
Community substance abuse coalitions wishing to receive further information on how to participate in the 2018 January Media Blitz should contact Marilyn Morey, Community Outreach Coordinator, United States Attorney’s Office for the Northern District of New York, at 518-431-0247 or [email protected].
Drug Dealer Charged in Manhattan Federal Court for Selling Heroin and Counterfeit Oxycodone over the InternetRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent-in-Charge of the New York Field Office of the Drug Enforcement Administration (“DEA”), Philip R. Bartlett, Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), James P. O’Neill, the Police Commissioner of the City of New York (“NYPD”), George P. Beach II, the Superintendent of the New York State Police (“NYSP”), and Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), announced today the arrest of CRISTIAN RODRIGUEZ, who distributed through the U.S. mail heroin, oxycodone and other prescription drugs that were illegally sold over the Internet and on “dark web” marketplaces. When RODRIGUEZ was arrested yesterday, the DEA and USPIS seized approximately 32 kilograms of prescription drugs that were in his apartment. The defendant was presented yesterday before U.S. Magistrate Judge Ronald L. Ellis in Manhattan federal court.
Acting Manhattan U.S. Attorney Joon H. Kim said: “As alleged, Cristian Rodriguez used the anonymity of the internet to peddle massive quantities of addictive pain killers without valid prescriptions. Hiding behind computers, Rodriguez and his co-conspirators allegedly sold and shipped multiple kilograms of highly addictive prescription drugs and potentially lethal opioids. Thanks to the outstanding work of our law enforcement partners, Rodriguez has been arrested and his dangerous business has been taken offline.”
DEA Special Agent-in-Charge James J. Hunt said: “Anonymity is a drug trafficker’s friend and law enforcement’s foe. Yesterday’s street corner dealer has been replaced by the dark web that enables criminal activity and drug addiction. Online illicit marketplaces challenge law enforcement, but this investigation demonstrates how joint efforts can lead to the arrest of an alleged major drug distributor based in New York City.”
USPIS Inspector-in-Charge Philip R. Bartlett said: “The opioid crisis has become a national emergency impacting the lives of so many unsuspecting families. Postal Inspectors, along with their law enforcement partners, are determined to put a stop to the distribution of illegal narcotics, safeguarding the American public.”
NYPD Commissioner James P. O’Neill said: “This defendant attempted to use the anonymity of the internet to peddle heroin, counterfeit oxycodone, and other prescription drugs to those battling serious addiction. Those who profit on at the expense of others’ well-being will be investigated and prosecuted, aggressively. Today’s arrest is the latest example of our continued commitment.”
NYSP Superintendent George P. Beach II said: “This arrest is another example of how dedicated police work and strong law enforcement partnerships are succeeding in keeping dangerous narcotics from infiltrating our neighborhoods. Criminals who illegally sell counterfeit prescription drugs are putting our communities as risk. These pharmaceuticals, when not taken under the supervision of a doctor, can be highly addictive and destroy lives. I commend the hard work of the Strike Force and all of our law enforcement partners as they fight to keep drugs off our streets and work to prevent prescription drug abuse.”
HSI Special Agent-in-Charge Angel Melendez said: “These multi-agency task forces are essential in the fight against the illegal proliferation of potentially deadly and highly-addictive prescription drugs. The arrest of the defendant and the significant seizures announced today ensure that these drugs will never make it into our communities to do untold harm.”
According to the allegations in the Complaint and statements made in Manhattan federal court:[[1]]
Since at least May 2016, RODRIGUEZ and his co-conspirators anonymously sold and distributed controlled substances over the Internet via online marketplaces and “dark web” sites. RODRIGUEZ shipped various prescription drugs, including counterfeit oxycodone, which was actually made of heroin and other substances, to individuals across the United States. RODRIGUEZ maintained a stockpile of these drugs in his apartment in the Bronx, New York. A search of RODRIGUEZ’s residence at the time of his arrest uncovered, among other things, approximately 32 kilograms of prescription drugs, shipping supplies, drug paraphernalia, money transfer records, and electronics typically used in the operation of online narcotics distribution schemes.
* * *
RODRIGUEZ, 43, of the Dominican Republic, was charged with one count of distributing and possessing with intent to distribute heroin and oxycodone, which carries a maximum sentence of 20 years in prison. The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Mr. Kim praised the outstanding investigative work of the U.S. Postal Inspection Service and the DEA’s New York Organized Crime Drug Enforcement Strike Force. The Strike Force comprises agents and officers of the DEA, the New York City Police Department, Homeland Security Investigations, the New York State Police, the U.S. Internal Revenue Service Criminal Investigative Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Secret Service, the U.S. Marshals Service, the New York National Guard, the Clarkstown Police Department, the U.S. Coast Guard, the Port Washington Police Department, and the New York State Department of Corrections and Community Supervision. The Strike Force is partially funded by the New York/New Jersey High Intensity Drug Trafficking Area (“HIDTA”), which is a federally funded crime fighting initiative and part of the Organized Crime Drug Enforcement Task Force (“OCDTEF”) program.
In an effort to help prevent prescription drug abuse and theft, the DEA and its local law enforcement, community, and tribal partners are offering the public its 14th opportunity in seven years to rid their homes of potentially dangerous expired, unused, and unwanted prescription drugs. This Saturday, October 28, 2017, from 10:00 a.m. to 2:00 p.m., individuals can take pills and other solid forms of medication to one of almost 5,000 collection sites manned by more than 4,000 partners nationwide. Individuals can find nearby collection sites at www.DEATakeBack.com. The service is free and anonymous, no questions asked.
This case is being handled by the Office’s Narcotics Unit. Assistant United States Attorney Nicolas Roos is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the descriptions of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Defendant Sentenced in Federal Court to 46 Months on Fraud ChargesRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama announces that Senior United States District Judge Callie V.S. Granade sentenced Isaiah Anderson-Harrison on October 16, 2017 to serve a term of imprisonment of 46 months followed by 3 years of supervised release for committing Access Device Fraud on March 27, 2014, in violation of 18 USC § 1029(a)(3). The defendant entered a guilty plea before the Court on July 17, 2017.
On the date of incident, Saraland Police stopped the defendant, who is a resident of Florida, for a motor vehicle violation. As the vehicle pulled to the shoulder of the highway, the police observed the defendant roll down the driver’s window and throw a clear baggy out of the vehicle. The baggy contained marijuana. The police conducted an inventory search of the defendant’s vehicle before the vehicle was impounded. During the search, the police discovered that the defendant was illegally in possession of thirty (30) photocopies of various drivers’ licenses and social security numbers, various business EIN numbers, tax calculations, and two boxes containing sixty (60) NetSpend Visa Debit Cards. Police recovered a “Sweet Spot Sheet”. In this case, the “sweet spot” would be the target income to receive maximum income tax refund based on the number of dependents.
During the investigation, federal agents from the United States Secret Service and the Internal Revenue Service contacted several victims and each stated that they did not know the defendant, and that he was not authorized to be in possession of their personal information. Additionally, federal agents confirmed that 237 fraudulent electronic tax returns had been filed using the identifiers retrieved from the defendant’s vehicle. The defendant was held accountable for approximately $345,000.00 in intended loss.
This case was investigated by the Department of the Treasury, Internal Revenue Service, Department of Homeland Security, United States Secret Service, and the Saraland Police Department. Assistant United States Attorneys Lawrence J. Bullard and Michael D. Anderson prosecuted the case.
Davenport Man Sentenced to 120 Months in Prison for Felon in Possession of a FirearmRead the Press Release
DAVENPORT, Iowa – On October 23, 2017, United States District Court Judge Stephanie M. Rose sentenced Darrell Rasean Ratliff, age 28, of Davenport, Iowa, to 120 months in prison for felon in possession of a firearm, announced United States Attorney Marc Krickbaum. Ratliff was also ordered to serve three years of supervised release following imprisonment and to pay $100 to the Crime Victims’ Fund.
On April 14, 2017, Ratliff pled guilty to the charge. As part of his plea, Ratliff admitted he knowingly possessed a Ruger LCP .380 pistol with an attached extended magazine on September 23, 2016. Ratliff was prohibited from firearm possession due to multiple prior felony convictions from Scott County.
This charge resulted from a Davenport Police investigation. On September 23, 2016, Davenport Police Department members executed a search warrant at a residence on West 61st Street; they found and seized the Ruger pistol with an extended magazine.
This matter was investigated by the Davenport Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
DEA’s National Prescription Drug Take-Back Day Is SaturdayRead the Press Release
SACRAMENTO, Calif. — After collecting and destroying 900,000 pounds—450 tons—of unused prescription drugs last April, the U.S. Drug Enforcement Administration is continuing its efforts to take back unused, unwanted and expired prescription medications. The DEA invites the public to bring their potentially dangerous, unwanted medicines to one of nearly 5,000 collection sites around the country that are manned by more than 4,000 of DEA’s tribal and local law enforcement partners.
The public can find a nearby collection site by visiting www.DEATakeBack.com or by calling 800-882-9539. This service is free of charge, with no questions asked.
“The abuse of opioids and prescription drugs is at an all-time high in our country, and the effect is devastating, not only on the users, but on their families, friends, and communities,” U.S. Attorney Talbert stated. “Young people are particularly at risk, as they can gain easy access to unused and addictive prescription drugs inside the home. I strongly encourage everyone to take advantage of this safe and easy way to dispose of unused prescription drugs.”
“America is in the midst of a prescription drug crisis and the home medicine cabinet is a major source. Let’s work together to help put an end to this epidemic by cleaning out that cabinet and disposing of unwanted medication at a take back location,” stated DEA Special Agent in Charge John J. Martin.
Overdoses from prescription opioids are the driving factor in the 15-year increase in opioid overdose deaths. The removal from homes of unwanted prescription pills that can be abused, stolen or resold is an easy way to help fight the epidemic of substance abuse and addiction.
According to the DEA, in the previous 13 take-back events, approximately 8.1 million pounds or 4,050 tons of unused medication were collected by DEA and its partners.
DEA, Local and State Law Enforcement Set for Prescription Drug Takeback DayRead the Press Release
PROVIDENCE – Acting United States Attorney Stephen G. Dambruch is joining the U.S. Drug Enforcement Administration (DEA) and Rhode Island state and local law enforcement this Saturday, October 28, for DEA’s 14th National Prescription Drug Take Back Day. The biannual event will be held from 10 a.m. to 2 p.m., at thousands of collection sites around the country, including dozens here in Rhode Island. The event is an effort to rid homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Acting United States Attorney Stephen G. Dambruch strongly urges Rhode Islanders to take a few minutes on Saturday to safely dispose of unwanted and expired prescriptions. “Disposing of unwanted and sometimes dangerous prescription medication is a small but important step to ensure that unwanted or unused medications are safely removed from medicine cabinets and other storage areas in homes, and don’t end up in the hands of individuals who should not have access to them. Too often we hear about addiction problems that began with unused medications stored in homes that fall into the wrong hands.”
Last April Americans turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills. The disposal service is free and anonymous, no questions asked. (The DEA cannot accept liquids, needles, or sharps, only pills or patches.)
Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers.
Flushing medications down the toilet or throwing them in the trash pose potential safety and health hazards. This initiative addresses the public safety and public health issues that surround medications languishing in home cabinets, becoming highly susceptible to diversion, misuse, and abuse.
For more information or to locate a collection site near you, go the DEA Prescription Drug Take Back Day web site at https://takebackday.dea.gov/#collection-locator where you can search by zip code, city, or state.
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DEA and local law enforcement partners take back unwanted prescription drugs October 28Read the Press Release
WASHINGTON – This Saturday, October 28, from 10 a.m. to 2 p.m. local time the federal Drug Enforcement Administration and its local law enforcement, community and tribal partners will give the public its 14th opportunity in seven years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Individuals can take pills and other solid forms of medication to one of almost 5,000 collection sites manned by more than 4,000 partners nationwide. (DEA cannot accept liquids, needles or sharps.) They can find nearby collection sites at www.DEATakeBack.com or by calling 800-882-9539. The service is free and anonymous, no questions asked.
“Disposing of leftover painkillers or other addictive medicines in the house is one of the best ways to prevent a member of your family from becoming a victim of the opioid epidemic,” said DEA Acting Administrator Robert W. Patterson. “More people start down the path of addiction through the misuse of opioid prescription drugs than any other substance. The abuse of these prescription drugs has fueled the nation’s opioid epidemic, which has led to the largest rate of overdose deaths this country has ever seen.”
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—posed potential safety and health hazards.
Last April the public turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills.
DEA and Local Law Enforcement Partners Take Back Unwanted Prescription Drugs October 28Read the Press Release
FOR IMMEDIATE RELEASE
TUESDAY, OCTOBER 24, 2017
DEA AND LOCAL LAW ENFORCEMENT PARTNERS TAKE BACK UNWANTED PRESCRIPTION DRUGS OCTOBER 28
WASHINGTON – This Saturday, October 28, from 10 a.m. to 2 p.m. local time the federal Drug Enforcement Administration and its local law enforcement, community and tribal partners will give the public its 14th opportunity in seven years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Individuals can take pills and other solid forms of medication to one of almost 5,000 collection sites manned by more than 4,000 partners nationwide. (DEA cannot accept liquids, needles or sharps.) They can find nearby collection sites at www.DEATakeBack.com or by calling 800-882-9539. The service is free and anonymous, no questions asked.
“Disposing of leftover painkillers or other addictive medicines in the house is one of the best ways to prevent a member of your family from becoming a victim of the opioid epidemic,” said DEA Acting Administrator Robert W. Patterson. “More people start down the path of addiction through the misuse of opioid prescription drugs than any other substance. The abuse of these prescription drugs has fueled the nation’s opioid epidemic, which has led to the largest rate of overdose deaths this country has ever seen.”
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—posed potential safety and health hazards.
Last April the public turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills.# # #
DEA
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DEA Prepares for Prescription Drug Take-Back DayRead the Press Release
Oklahoma City, Oklahoma – This Saturday, October 28, from 10:00 a.m. to 2:00 p.m., the Drug Enforcement Administration and its local law enforcement, community, and tribal partners will give the public its fourteenth opportunity in seven years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.
This DEA initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. According to the Centers for Disease Control and Prevention, 91 Americans die each day from an opioid overdose. Some painkiller abusers move on to heroin: four out of five new heroin users started with painkillers.
DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that their usual methods of disposing of unused medicines—flushing them down the toilet or throwing them in the trash—posed potential safety and health hazards. Last April, the public turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its law enforcement partners. Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills.
"Disposing of leftover painkillers or other addictive medicines in the house is one of the best ways to prevent a member of your family from becoming a victim of the opioid epidemic," said DEA Acting Administrator Robert W. Patterson. "More people start down the path of addiction through the misuse of opioid prescription drugs than any other substance. The abuse of these prescription drugs has fueled the nation’s opioid epidemic, which has led to the largest rate of overdose deaths this country has ever seen."
To locate collection sites nationwide, visit https://takebackday.dea.gov/#collection-locator, or call 1-800-882-9539. In the Oklahoma City area, collection sites include the Oklahoma County Sheriff’s offices, at 201 North Shartel in Oklahoma City and at 8029 S.E. 29th Street in Midwest City. In Lawton, collection sites include the Comanche Nation Police Department, at 8527 N.W. Madische Road. The service is free and anonymous, no questions asked. DEA cannot accept liquids, needles, or sharps. The Oklahoma Bureau of Narcotics and Dangerous Drugs operates a similar, year-round prescription drug disposal program throughout the state.
Crawfordsville man charged with 15 counts of sexual exploitation of a minorRead the Press Release
Alleged to have enticed 14 to 17 year old boys to send him sexually explicit images
PRESS RELEASE
Indianapolis – United States Attorney Josh J. Minkler announced today that a Crawfordsville, Indiana, man has been charged by an Information with 15 counts of sexual exploitation of a minor. Drew W. Sutherlin, 27, is alleged to have enticed boys between the ages of 14 and 17 years old to send him sexually explicit images of themselves over the Internet.
“Sexual predators cannot be allowed to take advantage of those most vulnerable in our communities,” said Minkler. “Anyone who takes advantage of our youth will be held strictly accountable and will pay a price for their criminal actions.”
According to the Information, from January 2015 until May 2017, Sutherlin posed as a female on the Internet. While posing as a female, Sutherlin sent pornographic images of an actual woman to several boys asking for sexually explicit images of themselves.
Believing they were corresponding with an actual female, the 15 victims sent sexually explicit images of themselves by using the camera on their cell phones. They would then send the images over the Internet to Sutherlin for him to view.
This case was investigated by the Montgomery County Sheriff’s Department, the Federal Bureau of Investigation the Indianapolis Metropolitan Police Department and the Indiana Internet Crimes Against Children Task Force.
“The Montgomery County Sheriff’s Department was proud to work with the our law enforcement partners to help uncover over 14,000 pages of text messages and 17,000 images, the majority of which were sexually explicit in this investigation,” said Montgomery County Sheriff Mark Casteel. “We would like to thank the Montgomery County Prosecutor’s Office, Indianapolis Metropolitan Police Department Cyber Unit, Indiana State Police Internet Crimes Against Children Task Force, Federal Bureau of Investigation and the U.S. Attorney’s Office for their invaluable expertise and assistance in this investigation.”
“Today’s charges are an illustration of law enforcement’s commitment to protect our communities’ most vulnerable citizens, our children” said FBI Indianapolis Special Agent in Charge W. Jay Abbott. “The FBI will continue to diligently work with our local, state, and federal partners to identify and prosecute child predators.”
“IMPD is proud to lend our detective expertise to assist our federal, state and local law enforcement partners chase down sexual predators,” said Chief Roach. “IMPD will continue to provide assistance to investigations involving children so that we protect them to the best of our abilities.”
Sutherlin has signed a plea agreement notifying the Court of his intention to plead guilty. No future court date has been set.
According to Senior Litigation Counsel Steven D. DeBrota, who is prosecuting this case for the government, Sutherlin faces up to 35 years imprisonment and a minimum of five years of supervised release if convicted.
Court Orders Home Health Care Company to Pay United States Nearly $2 Million in Damages in False Claims CaseRead the Press Release
WASHINGTON – A federal judge has entered a verdict in favor of the United States and against Dynamic Visions, Inc., and awarded the government $1.98 million in a False Claims Act case, in which the United States demonstrated that employees of the home health care company repeatedly and routinely falsified records to obtain funds from Medicaid.
The award was announced today by U.S. Attorney Jessie K. Liu, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.
The decision was issued on Oct. 20, 2017, by the Honorable Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia.
Dynamic Visions, Inc., a corporation that was based in Bowie, Md., was a home health care company that did business in the District of Columbia and that also had a District of Columbia address. Under the Medicaid program, Dynamic Visions was initially approved to furnish elderly and disabled patients with assistance in the day-to-day activities of living, such as bathing, dressing, and taking needed medications. D.C. Medicaid, which is subsidized by the federal Medicaid program, paid for many of Dynamic Visions’ services for low-income patients.
In the fall of 2008, the District of Columbia’s Department of Health Care Finance discovered irregularities in Dynamic Visions’ records during a routine audit, and a team consisting of Special Agents from the FBI’s Washington Field Office and the U.S. Department of Health and Human Services Office of the Inspector General began an investigation. During the investigation, in December 2008, search warrants were executed on Dynamic Visions’ Washington, D.C. offices and the residence of Isaiah M. Bongam, the company’s owner.
The documents collected confirmed that patient files did not contain physician authorizations, called “plans of care,” as required under applicable regulations; contained plans of care that were not signed by physicians or other qualified health care workers; or contained forged signatures in order to cover up the lack of a physician’s authorization. At the conclusion of the investigation, in April 2011, the United States filed a False Claims action in the U.S. District Court for the District of Columbia alleging a massive and routine pattern of fraud carried out between January 2006 and June 2009 by the employees of Dynamic Visions.
Judge Kollar-Kotelly earlier held that Bongam engaged in uncooperative and obstructive behavior when he failed to provide many of Dynamic Visions’ financial records to the United States, withdrew large sums of money out of Dynamic Visions’ business accounts after the government searched Dynamic Visions’ offices, and moved the funds to his own personal accounts, or to the accounts of his two other businesses that had no substantive connection to Dynamic Visions. Accordingly, the Court held that Dynamic Visions was merely an “alter ego” for its owner, and found Bongam to be liable for the conduct of Dynamic Visions.
In its decision to treble the initial $489,744 damages awarded to the United States under the False Claims Act, and to further impose an additional $11,000 civil penalty for each and every one of the 47 invoices at issue submitted by Dynamic Visions, Judge Kollar-Kotelly found that Dynamic Visions’ uncooperative and obstructive conduct during the investigation and the proceeding before the Court justified the trebling of damages and the imposition of the maximum civil penalty possible under the statute.
In announcing the award, U.S. Attorney Liu, Assistant Director in Charge Vale, and Special Agent in Charge DiGiulio commended the work of those who worked on the case from the FBI’s Washington Field Office, and the U.S. Department of Health and Human Services Office of Inspector General. They expressed appreciation for the assistance provided by the District of Columbia Office of the Attorney General and the Medicaid Fraud Control Unit of the District of Columbia Office of the Inspector General.
Finally, they acknowledged the efforts of those who worked on the case and brought it to trial from the U.S. Attorney’s Office, including Assistant U.S. Attorney Darrell C. Valdez and Paralegal Specialist Idongesit “Benji” Umo.
The lawsuit is captioned United States v. Dynamic Visions, Inc., Civil Action 11-cv-695 (D.D.C.).
Convicted Sex Offender Arrested for Possessing Child PornographyRead the Press Release
CORPUS CHRISTI, Texas - A 31-year-old Corpus Christi man has been charged with possession of child pornography, announced Acting U.S. Attorney Abe Martinez.
Authorities arrested Adam Simington today. He is expected to make his initial appearance before U.S. Magistrate Judge Jason B. Libby today at 2:00 p.m.
According to the criminal complaint filed yesterday, Simington was convicted in the state of Oklahoma for possessing child pornography. Authorities learned he was allegedly in possession of child pornography. According to the charges, law enforcement seized several digital devices from Simington’s residence which resulted in the discovery of more than 900 images of child pornography.
If convicted, Simington faces a minimum of 10 and up to 20 years in federal prison and a possible $250,000 maximum fine.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation with the assistance of the Corpus Christi Police Department - Internet Crimes Against Children Task Force.
Assistant U.S. Attorney Hugo R. Martinez is prosecuting the case, which was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law
Connecticut Resident Sentenced for Defrauding Elderly Family and FriendsRead the Press Release
PROVIDENCE, R.I. – Robert Oathout, 37, of Hartford, Conn., was sentenced in U.S. District Court in Providence, R.I., on Monday to 63 months in prison for defrauding elderly family members and family friends of more than $447,000. According to court documents, Oathout told the victims that he needed to borrow the money to pay medical expenses in advance of his receipt of a one million dollar settlement payment as the result of a botched medical procedure performed on him at a Connecticut medical facility. Oathout told the victims that the medical facility would repay them upon payment of the settlement.
An investigation by the FBI determined that no such medical procedure was performed on Oathout and that he was not due any settlement payments from the medical facility.
Robert Oathout pleaded guilty on July 16, 2017, to eight counts of wire fraud.
At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Oathout to serve 3 years supervised release upon completion of his term of incarceration and to pay restitution to the victims in the amount of $434,635.75. The U.S. Sentencing Guidelines range of imprisonment in this matter is 63-78 months. The government recommended the court impose a sentence of 63 months in incarceration.
Robert Oathout’s sentence is announced by Acting United States Attorney Stephen G. Dambruch and Harold H. Shaw, Special Agent in Charge of the FBI Boston Field Division.
According to information provided to the Court, as part of the scheme, between September 27, 2013, and December 22, 2015, Oathout induced his victims, all between the ages of 67 an 87 years, to transfer a total of $447,267.25 to him electronically. Electronic transfers of varying amounts were made to Oathout before, while and after he was a federal inmate at the Donald W. Wyatt Detention Center in Central Falls, R.I. Some of the funds were transferred into his and other inmates’ prison accounts while he was being detained on federal drug charges in an unrelated case brought against him by the United States Attorney’s Office for the District of Connecticut.
The fraud case in the District of Rhode Island was prosecuted by Assistant U.S. Attorney Sandra R. Hebert. The matter was investigated by the FBI.
Acting United States Attorney Stephen G. Dambruch and Harold H. Shaw, Special Agent in Charge of the FBI Boston Field Division, acknowledge and thank investigators at the Donald W. Wyatt Detention Center for their assistance in the investigation of this matter.
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Community partners and DEA in Ohio hold Prescription Drug Take Back Day this SaturdayRead the Press Release
This Saturday, October 28, from 10 a.m. to 2 p.m. the federal Drug Enforcement Administration (DEA) and its local law enforcement, community and tribal partners will give the public its 14th opportunity in seven years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Individuals can take pills and other solid forms of medication to one of almost 5,000 collection sites nationwide, and 235 sites in Kentucky, manned by more than 4,000 partners nationwide. (DEA cannot accept liquids, needles or sharps.) They can find nearby collection sites at www.DEATakeBack.com or by calling 800-882-9539. The service is free and anonymous, no questions asked.
“Disposing of leftover painkillers or other addictive medicines in the house is one of the best ways to prevent a member of your family from becoming a victim of the opioid epidemic,” said DEA Acting Administrator Robert W. Patterson. “More people start down the path of addiction through the misuse of opioid prescription drugs than any other substance. The abuse of these prescription drugs has fueled the nation’s opioid epidemic, which has led to the largest rate of overdose deaths this country has ever seen.”
“We know of many cases where leftover pain pills have led to an opioid addiction,” U.S. Attorney Justin Herdman said. “Properly disposing of these pills is one important step anyone can take to get involved in turning the tide on the opioid epidemic that has caused so much pain here in Ohio.”
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—posed potential safety and health hazards.
Last April the public turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills.
Columbia Man Pleads Guilty to Producing Child Pornography, Faces 15 Years in PrisonRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Columbia, Mo., man pleaded guilty in federal court today to producing and possessing child pornography.
Justin Gene Hull, 33, of Columbia, pleaded guilty before U.S. Magistrate Judge Willie J. Epps, Jr., to the charges contained in an Aug. 24, 2016, federal indictment.
By pleading guilty today, Hull admitted that he used a child victim to produce child pornography on Dec. 9, 2015. Hull also admitted that he was in possession of child pornography from December 2014 to December 2015.
A detective in the Boone County Sheriff’s Department Cyber Crimes Task Force received a CyberTip from the National Center for Missing and Exploited Children on Oct. 6, 2015, regarding a complaint from Dropbox. Hull had uploaded approximately 71 videos believe to contain child pornography to his Dropbox account. Investigators examined Hull’s Dropbox records, which indicated that approximately 390 videos (with titles consistent with child pornography) had been uploaded between July 2014 and July 2015.
On Dec. 10, 2015, law enforcement officers executed a search warrant at Hull’s residence and seized a cell phone. During an examination of the phone, the Kik application was found to be installed on the phone, and numerous chats of a sexual nature were discovered. During various Kik chats, Hull claimed to have 400 child pornography videos, and during the chats he provided links to child pornography files stored on Dropbox. The content of the messages indicated that Hull was exchanging child pornography with other Kik users.
During a Dec. 9, 2015, conversation with a 16-year-old Kik user, Hull requested and received pornographic images she took of herself.
A total of 478 images depicting child pornography were found on Hull’s cell phone, the majority of which were thumbnail images associated with Dropbox. Other child pornography images were found associated with Skype and Kik. Numerous videos were found on the phone, as well as cached videos related to Kik and Dropbox.
Under the terms of today’s plea agreement, the government will recommend that Hull receive a sentence of 15 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 Assistant U.S. Attorney Jim Lynn. It was investigated by the FBI, the Boone County, Mo., Sheriff’s Department and the St. Charles Cyber Crimes Forensic Laboratory.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Clairton Man Pleads Guilty to Drug Possession ChargesRead the Press Release
PITTSBURGH – A resident of Allegheny County, Pennsylvania, pleaded guilty in federal court to charges of possession with intent to distribute crack cocaine and heroin, Acting United States Attorney Soo C. Song announced today.
Kevin Jabbar Thomas, age 42, of Clairton, Pennsylvania, pleaded guilty yesterday to two counts before Senior United States District Judge Donetta W. Ambrose.
In connection with the guilty plea, the court was advised that the Pennsylvania Office of the Attorney General and the Clairton Police Department were conducting an investigation into the illegal drug activities of the defendant. On April 26, 2016, agents and police officers executed a search warrant on the defendant’s Clairton residence. They recovered crack cocaine, heroin, cocaine, marijuana and other drug paraphernalia.
Judge Ambrose scheduled sentencing for March 20, 2018. The law provides for a maximum total sentence of 20 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Pennsylvania Office of the Attorney General, and the Clairton Police Department conducted the investigation leading to the indictment in this case.
Cherry Tree Man Pleads Guilty to Assault with Dangerous WeaponRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that LEEROY SOAP JR, age 39, of Cherry Tree, Oklahoma pled guilty to ASSAULT WITH A DANGEROUS WEAPON IN INDIAN COUNTRY, in violation of Title 18, United States Code, Sections 113(a)(3), 1151 and 1153, punishable by not more than 10 years imprisonment, and up to a $250,000.00 fine or both.
The Indictment alleged that on or about July 13, 2017, in the Eastern District of Oklahoma, within Indian country, on an Indian allotment the Indian title to which had not been extinguished, and within the special maritime and territorial jurisdiction of the United States, the defendant, LEEROY SOAP JR., an Indian, did knowingly assault J.E. with a dangerous weapon with intent to do bodily harm.
The charge arose from an investigation by the Cherokee Nation Marshal Service, the Adair County Sherriff’s Office, and the Federal Bureau of Investigation.
The Honorable Steven P. Shreder, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Chris Wilson represented the United States.
Camp Street Gang Member Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Camp Street Gang member Tramell McGee, 34, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of cocaine, was sentenced to 36 months in prison by U.S. District Judge Lawrence J. Vilardo.Assistant U.S. Attorney Patricia Astorga, who handled the case, stated that the defendant was a member of the Camp Street Gang, which operates in the Camp Street area of the City of Buffalo and is believed to be responsible for the distribution of illegal narcotics including cocaine. Tramell McGee distributed cocaine between November 2015 and March 2016. During the investigation, the defendant sold cocaine to a confidential source working with the Federal Bureau of Investigation on four separate occasions. Each sale included 62 grams of cocaine for $2,500.
The sentencing is the result of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Burlington Men Sentenced to Prison for Distributing MethamphetamineRead the Press Release
DAVENPORT, Iowa – On Monday, October 23, 2017, and Tuesday, October 24, 2017, United States District Court Judge Stephanie M. Rose sentenced Burlington residents Robert Perkins, Sheldon William Krogmeier, and Victor Lamont Tate for their roles in a methamphetamine distribution conspiracy, announced United States Attorney Marc Krickbaum.
Perkins, 46, was sentenced to 120 months in prison for conspiracy to distribute at least 50 grams or more of methamphetamine and ordered to serve five years of supervised release following his imprisonment. Krogmeier, 44, was sentenced to 96 months in prison for conspiracy to distribute at least five grams of methamphetamine and ordered to serve four years of supervised release following his imprisonment. Tate, 46, was sentenced to 72 months in prison for conspiracy to distribute methamphetamine and ordered to serve three years of supervised release following his imprisonment. All three were also ordered to pay $100 to the Crime Victims’ Fund.
Between May and June of this year, Perkins, Krogmeier, and Tate all pled guilty to the charges, which arose from an investigation of individuals selling methamphetamine in the Burlington area. Beginning in or about June of 2016 and continuing until on or about September 28, 2016, Perkins, Krogmeier, Tate, and others sold approximately 500 grams of ice methamphetamine to individuals in Burlington, including to an undercover officer. On September 28, 2016, law enforcement executed numerous search warrants in this investigation, seizing ice methamphetamine, marijuana, cocaine, crack cocaine, prescription pills, and three firearms.
This case was investigated by the Burlington Police Department, Johnson County Drug Task Force, Southeast Iowa Narcotics Task Force, Iowa Division of Narcotics Enforcement, and the Drug Enforcement Administration. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
Businessman Sentenced to Federal Prison for Fraud and Money Laundering Related to Construction of Baker Elementary SchoolRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that U.S. District Judge John W. deGravelles sentenced NATHIAN D. HOSSLEY, age 51, of Baton Rouge, to serve 78 months in federal prison for defrauding a construction contractor out of over $800,000 in relation to the construction of the Impact Charter School in Baker, Louisiana. The Court also ordered HOSSLEY to make restitution payments to Bouma Construction (“Bouma”) and MidSouth Bank in the amounts of $261,339.16 and $44,000, respectively, and will be required to serve a three-year term of supervised release upon his release from prison.
Last October, HOSSLEY pled guilty to wire fraud and money laundering. These convictions arose from HOSSLEY’s ownership and operation of First Millennium Construction (“First Millennium”), a local commercial construction company headquartered in Baton Rouge, and Spice Bistro, a local restaurant that HOSSLEY co-owned.
In 2014, HOSSLEY submitted a bid to Bouma for First Millennium to work as a subcontractor on construction of the Impact Charter School in Baker, Louisiana, in 2014. During the bidding process, HOSSLEY submitted an application for the job to Bouma in which he fraudulently represented that he had never been indicted or convicted of a crime, when, in fact, he had multiple federal convictions for wire fraud, bank fraud, conspiracy to commit bank fraud, and providing a false statement in connection with a bank loan. Bouma ultimately hired First Millennium for the Impact Charter School project and the companies entered into a contract for $1,221,163.00.
Construction on the school started in June of 2014. Shortly thereafter, HOSSLEY submitted multiple payment applications to Bouma that falsely understated or omitted money owed to certain subcontractors and vendors that he had hired to work on the job. HOSSLEY concealed from Bouma that he was using that company’s construction payments on personal expenditures and on Spice Bistro, a restaurant he had recently opened and co-owned. HOSSLEY furthered the scheme in October of 2014 by forging and causing one of his employees to forge the signatures of First Millennium subcontractors on joint checks and lien waivers. This resulted in Bouma paying his company another $96,125 for the Impact Charter School project, which HOSSLEY quickly used to make a $29,474.34 payment on his American Express credit card and on a $22,000 transfer of funds to Spice Bistro. In total, HOSSLEY caused over $800,000 in losses to Bouma through his fraudulent scheme.
Acting U.S. Attorney Corey Amundson stated, “Mr. Hossley met justice this afternoon in federal court and will be spending his days and nights in a well-deserved prison cell. Through fraud, he became involved in a project to build Impact Charter School and then stole from the project. Because of the defendant’s fraud, the general contractor was unable to pay employee bonuses and the school’s students had to start the year in a temporary facility. I commend Bouma Construction and the other companies and workers who assisted in this investigation and helped to bring this defendant to justice. I also greatly appreciate the dedicated and outstanding efforts of the prosecutors and FBI agents who worked on this important matter.”
FBI Special Agent in Charge Jeffrey Sallet stated, “Mr. Hossley’s lies and deceit caused real harm to real people. It’s people like Mr. Hossley that tarnish the reputation of the hard-working men and women in the construction industry, and potentially have a negative impact on out of state companies seeking to invest in Louisiana. In coordination with our local, state and federal partners, the FBI will continue to aggressively pursue any credible allegations of fraud and abuse.”
The investigation was handled by the Baton Rouge office of the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorneys Ryan Crosswell, Rene Salomon, and Cal Leipold.
Azle Man Sentenced to 210 Months in Federal Prison for Distributing Child PornographyRead the Press Release
FORT WORTH, Texas — Jeremy Michael Matthews, 27, of Azle, Texas, was sentenced today by U.S. District Judge Terry R. Means to 210 months in federal prison, following his guilty plea in May 2017 to one count of distribution of a visual depiction of a minor engaged in sexually explicit conduct, announced U.S. Attorney John Parker of the Northern District of Texas.
Matthews has been in custody since the date of his arrest in March 2017.
According to documents filed in the case, starting in early 2014, Matthews began receiving and sending images of child pornography through the Kik instant messaging application. On March 24, 2016 law enforcement executed a search warrant at Matthews’ residence and he admitted that he possessed child pornography on his cell phone. A review of Matthews’ cell phone revealed approximately 650 images of child pornography. Matthews’ computer contained approximately 982 images of child pornography.
The cases were brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Federal Bureau of Investigation and the Texas Rangers investigated the case. Assistant U.S. Attorney Megan Fahey was in charge of the prosecution.
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Augusta Man Sentenced to 10 Years for Possession of Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Joshua Harrison, 35, of Augusta, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 10 years in prison to be followed by a lifetime of supervised release for possessing child pornography. Harrison pleaded guilty on December 15, 2016.
According to court records, in August 2015, law enforcement agents learned that child pornography had been located in the defendant’s email account. A search warrant was executed at the defendant’s Augusta residence and agents seized his laptop computer. Agents also seized a second computer belonging to the defendant from a local pawn shop. Forensic examination of these devices revealed multiple images of child pornography. During the search of his residence, the defendant also admitted that he obtained child pornography by email and a messaging application and that he met people in online chat rooms to obtain child pornography.
The case was investigated by U.S. Immigration & Customs Enforcement’s Homeland Security Investigations, the Maine State Police Computer Crimes Unit, and the Augusta Police Department.
Armed Career Criminal Sentenced to 15 Years in PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Raimundo Hogan (41, Jacksonville) to 15 years in federal prison for possessing a firearm as a convicted felon. A federal jury found him guilty on December 15, 2016.
According to testimony presented at trial, on February 26, 2016, Hogan was a passenger in a car that was stopped for a seatbelt violation. A patrol officer with the Jacksonville Sheriff’s Office and a civilian observer both witnessed Hogan flee from the vehicle with a Glock pistol in his hand. Hogan threw the pistol and officers later recovered the firearm at the scene. After a short pursuit, Hogan was apprehended.
According to court documents and Florida Department of Corrections records, Hogan has prior convictions for escape, armed robbery, aggravated assault, armed carjacking, and possession of a firearm by a convicted felon. As a result, he is prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Jacksonville Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorneys Jason Mehta and Frank Talbot.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program (PSN) — a nationwide, crime reduction strategy aimed at decreasing violent crime in communities. It involves a comprehensive approach to public safety — one that includes investigating and prosecuting crimes, along with prevention and reentry efforts. In the Middle District of Florida, Acting U.S. Attorney W. Stephen Muldrow coordinates PSN efforts in cooperation with various federal, state, and local law enforcement officials.
Aggravated Felon Sentenced to Prison for Illegal Reentry into the United StatesRead the Press Release
Orlando, Florida – U.S. District Judge Gregory A. Presnell has sentenced Luis Bernardo Gonzalez-Martinez (29, Mexico) to 15 months in federal prison for illegal reentry after deportation, subsequent to an aggravated felony conviction.
Gonzalez-Martinez pleaded guilty on July 25, 2017.
According to court documents, Gonzalez-Martinez, a Mexican citizen, was convicted of burglary on May 26, 2009, and sentenced to three years’ imprisonment before being removed from the United States on or about June 12, 2012, and again on June 17, 2013. On April 1, 2017, immigration officers encountered Gonzalez-Martinez, a confirmed member of the Sureños (Sur 13) street gang, back in the United States illegally when he was arrested for possession of marijuana.
“Our communities are safer today with this criminal gang member behind bars,” said Marc J. Moore, field office director for the Miami Field Office of ERO. “This case highlights ICE’s priorities on the arrest and removal of national security and public safety threats, as has been emphasized by our leadership.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations and U.S. Custom and Border Protection’s Border Patrol. It was prosecuted by Special Assistant United States Attorney Christina R. Downes, on assignment from the Office of Principal Legal Advisor, ICE, in the Middle District of Florida.
24 Defendants Plead Guilty to Murphy-Village Criminal ConspiracyRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that John U. Carroll, Ann Carroll, Courtney Carroll, Jay G. Carroll, Mary C. Carroll, Mary Rita Carroll, Ralph Carroll, Mary Gorman, Tina Gorman, Thomas Martin Mack, Rachel McNally, Billy O'Hara, Jim O'Hara, Winnie O'Hara, Hugh Riley, Melissa Riley, Tracy Riley, Betty Sherlock, M. Lisa Carroll Sherlock, Michael P. Sherlock, Patricia Sherlock, Patrick Sherlock, Sandra Sherlock, and Ann F. Sherlock, all of North Augusta, South Carolina, have entered guilty pleas in federal court in Columbia, to Criminal Conspiracy, a violation of 18 U.S.C. § 371. United States District Judge J. Michelle Childs, of Columbia, accepted the guilty pleas and will impose sentences after she has reviewed the presentence reports prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that the defendants and others agreed to commit an array of criminal activities to make money and further this criminal conspiracy. This conspiracy includes both residents of an insular group in North Augusta, S.C., and outsiders. The insular group self describes themselves as travelers, live in a defined geographic location, have unique language and traditions, and are funded largely by the illegal activities. The travelers and certain outsiders —like car salesmen, insurance agents, and tax preparers – agreed to commit various types of crimes that included mail and wire fraud related to insurance applications, loan applications, and government benefits such as food stamps, Medicaid, and tax refunds. Additionally, certain individuals participated in the interstate transportation of stolen items. Moreover, money that came into the conspiracy as a result of these criminal activities was laundered and structured to avoid reporting requirements.
U.S. Attorney Drake, in commending the collaborative efforts of law enforcement, added, “Over the past three years, agents from numerous local, state, and federal agencies worked together to conduct a joint investigation into this criminal enterprise in North Augusta. Today, twenty-four people accepted responsibility in federal court for their respective roles in this conspiracy. With today’s round of guilty pleas, that brings the total to approximately fifty people held accountable to date. This investigation and subsequent convictions should serve as both a reminder and notice to all that if you commit fraud, you will be brought to justice.” Each defendant faces up to five years in federal prison and a fine of $250,000.
The case was investigated by agents of the FBI, the United States Marshals Service, IRS Criminal Investigations, the USDA Office of Inspector General-Investigations, the Postal Inspector’s Office, the South Carolina Attorney General’s Medicaid Fraud Unit, the Second Circuit Solicitor’s Office, Aiken County Sheriff’s Office and South Carolina Department of Social Services. Assistant United States Attorneys Jim May and Jay Richardson of the Columbia office are prosecuting the case.
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23 October 2017
Warren man indicted for heroin traffickingRead the Press Release
A Warren man was indicted in federal court for heroin trafficking, said U.S. Attorney Justin E. Herdman.
Shawn L. Price, 37, knowingly distributed heroin on Aug. 10 and 24, 2016, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mahoning Valley Law Enforcement Task Force. The matter is being prosecuted by Assistant United States Attorney Jason M. Katz.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Walthill Man Sentenced for Failure to Register as A Sex OffenderRead the Press Release
Acting United States Attorney Robert C. Stuart announced today that Newton Dale, age 31, of Walthill, Nebraska was sentenced today by Chief United States District Court Judge Laurie Smith Camp for his conviction for failure to register as a sex offender. Dale was sentenced to 30 months of imprisonment to be followed by five years of supervised release.
Dale was convicted of statutory rape on the Omaha Indian Reservation in Nebraska in 2013. When Dale began his term of supervised release in 2017, he was advised by his probation officer that he needed to register as a sex offender. Despite maintaining residences on the Omaha Indian Reservation and in Norfolk, Nebraska, Dale failed to register as a sex offender with either the Madison County Sheriff’s Office or the Omaha Nation Law Enforcement Services.
This case was investigated by the United States Marshal’s Office.
United States Files Enforcement Action Against Long Island Company and Its Owner to Prevent Distribution of Adulterated and Misbranded Dietary SupplementsRead the Press Release
BROOKLYN, N.Y. – The United States filed a civil complaint against Riddhi USA Inc. of Ronkonkoma, New York, and its owner and President Mohd M. Alam to prevent the distribution of adulterated and misbranded dietary supplements in violation of federal law, the Department of Justice announced today.
The complaint, filed in the U.S. District Court for the Eastern District of New York, alleges that dietary supplements that the defendants manufactured, prepared, packed, repacked, labeled, held and distributed were adulterated and misbranded. The complaint further alleges that these dietary supplements were prepared, packed, and held under conditions that do not comply with current good manufacturing practice regulations for these types of products.
The Department filed the complaint at the request of the U.S. Food and Drug Administration (FDA).
“Dietary supplement manufacturers that do not comply with applicable laws and regulations designed to protect consumers put those consumers at risk,” said Acting U.S. Attorney Bridget M. Rohde of the Eastern District of New York. “Today’s action demonstrates the Department’s commitment to safeguarding the public from adulterated and misbranded products.”
“The Department of Justice is committed to ensuring that dietary supplement manufacturers comply with laws designed to protect consumers,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work with the FDA to protect the public from adulterated and misbranded products, and to ensure that dietary supplement manufacturers provide accurate information about what is in their products.”
According to the complaint, the FDA inspected the defendants’ facility in January 2017 and found numerous significant deviations from current good manufacturing practice regulations. For example, as alleged in the complaint, the defendants failed to establish product specifications for identity, purity, strength, and composition of their finished dietary supplements, failed to conduct at least one appropriate test to verify the identity of a dietary ingredient, and failed to establish and follow written procedures for quality control operations.
The complaint further alleges that many of the current good manufacturing practice deviations observed during the FDA’s January 2017 inspection were the same or similar to those observed by the FDA during a previous inspection of the defendants’ facility that occurred in January 2016. The complaint noted that following the January 2016 inspection, the FDA issued a warning letter to the defendants detailing violations of current good manufacturing practice regulations observed during the 2016 inspection. The complaint alleges that the current good manufacturing practice violations noted in the warning letter were the same as or similar to those observed during the FDA’s subsequent 2017 inspection.
The complaint also alleges that the defendants misbranded their dietary supplements by failing to comply with the relevant labeling provisions of the federal Food, Drug, and Cosmetic Act. For example, as noted in the complaint, the defendants’ products are fabricated from two or more ingredients but fail to declare any ingredients on their product labels or labeling. Food, including dietary supplements, is also misbranded if its label or labeling fails to declare the major food allergen “soy” as defined in the law. The complaint alleges that the defendants’ Neuroxygen dietary supplement product is misbranded because it is manufactured using soy lecithin, which contains “soy,” but the defendants fail to list soy on the product label. Some of the defendants’ dietary supplement labels or labeling, including its labels or labeling for its Prenatal Formula, Osteo Gest, Neuroxygen, Inflam-Ease, and Aller-Ease products, fail to declare the place of business of the manufacturer, packer, or distributor as required by law.
The government is represented by Trial Attorney Monica Groat of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Edwin Cortes of the U.S. Attorney’s Office for the Eastern District of New York, with the assistance of Associate Chief Counsel for Enforcement Roselle Oberstein of the FDA, Office of General Counsel, Department of Health and Human Services.
A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at https://www.justice.gov/usao-edny.
United States Files Enforcement Action Against Long Island Company and Its Owner to Prevent Distribution of Adulterated and Misbranded Dietary SupplementsRead the Press Release
The United States filed a civil complaint against Riddhi USA Inc. of Ronkonkoma, New York, and its owner and President Mohd M. Alam to prevent the distribution of adulterated and misbranded dietary supplements in violation of federal law, the Department of Justice announced today.
The complaint alleges that Riddhi USA Inc. (Riddhi) and Mr. Alam engage in manufacturing, preparing, labeling, packing, repacking, holding, and distributing dietary supplements and are contract manufacturers of dietary supplements distributed under other companies’ names. The complaint, filed in the U.S. District Court for the Eastern District of New York, alleges that dietary supplements that defendants manufactured, prepared, packed, repacked, labeled, held and distributed were adulterated and misbranded. The complaint further alleges that these dietary supplements were prepared, packed, and held under conditions that do not comply with current good manufacturing practice regulations for these types of products.
The Department filed the complaint at the request of the U.S. Food and Drug Administration (FDA).
“The Department of Justice is committed to ensuring that dietary supplement manufacturers comply with laws designed to protect consumers,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “The Department of Justice will continue to work with the FDA to protect the public from adulterated and misbranded products, and to ensure that dietary supplement manufacturers provide accurate information about what is in their products.”
“Dietary supplement manufacturers that do not comply with applicable laws and regulations designed to protect consumers put those consumers at risk,” said Acting U.S. Attorney Bridget M. Rohde of the Eastern District of New York. “Today’s action demonstrates the Department’s commitment to safeguarding the public from adulterated and misbranded products.”
According to the complaint, FDA inspected the defendants’ facility in January 2017 and found numerous significant deviations from current good manufacturing practice regulations. For example, as alleged in the complaint, defendants failed to establish product specifications for identity, purity, strength, and composition of their finished dietary supplements, failed to conduct at least one appropriate test to verify the identity of a dietary ingredient, and failed to establish and follow written procedures for quality control operations.
The complaint further alleges that many of the current good manufacturing practice deviations observed during FDA’s January 2017 inspection were the same or similar to those observed by FDA during a previous inspection of defendants’ facility that occurred in January 2016. The complaint noted that following the January 2016 inspection, FDA issued a warning letter to defendants detailing violations of current good manufacturing practice regulations observed during the 2016 inspection. The complaint alleges that the current good manufacturing practice violations noted in the warning letter were the same as or similar to those observed during FDA’s subsequent 2017 inspection.
The complaint also alleges that the defendants misbranded their dietary supplements by failing to comply with the relevant labeling provisions of the federal Food, Drug, and Cosmetic Act. For example, as noted in the complaint, defendants’ products are fabricated from two or more ingredients but fail to declare any ingredients on their product labels or labeling. Food, including dietary supplements, is also misbranded if its label or labeling fails to declare the major food allergen “soy” as defined in the law. The complaint alleges that defendants’ Neuroxygen dietary supplement product is misbranded because it is manufactured using soy lecithin, which contains “soy,” but defendants fail to list soy on the product label. In addition, the complaint alleges that some of the defendants’ products, including Prenatal Formula, Osteo Gest, Neuroxygen, Inflam-Ease, and All-Ease, are misbranded in that the products’ label or labeling fail to declare the place of business of the manufacturer, packer, or distributor.
The government is represented by Trial Attorney Monica Groat of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Edwin Cortes of the U.S. Attorney’s Office for the Eastern District of New York, with the assistance of Associate Chief Counsel for Enforcement Roselle Oberstein of the FDA, Office of General Counsel, Department of Health and Human Services.
A complaint is merely a set of allegations that, if the case were to proceed to trial, the government would need to prove by a preponderance of the evidence.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Eastern District of New York, visit its website at https://www.justice.gov/usao-edny.
U.S. Customs and Border Protection Officer and Two Others Sentenced for Roles in Marihuana Distribution ConspiracyRead the Press Release
AMARILLO, Texas — Today, Russell Tim Shen, 69, Andre Jorge Hernandez, 39, and Ernesto Esteve, 50, all from Miami, Florida, appeared before U.S. District Judge Sidney A. Fitzwater and were sentenced for their roles in a marihuana distribution conspiracy, announced U.S. Attorney John Parker of the Northern District of Texas.
Shen, Hernandez, and Esteve were sentenced to 21 months’ custody, 15 months’ custody, and 3 years’ probation, respectively.
According to plea documents filed in the case, in December 2013, Esteve traveled from Florida to Colorado with Hernandez and purchased thousands of dollars’ worth of supplies and equipment used to grow and cultivate marihuana plants. In February 2014, Esteve’s credit card was used to purchase additional materials used for the growth and cultivation of marihuana plants.
On March 14, 2014, Esteve paid for one-way flights from Miami, Florida, to Denver, Colorado, for Hernandez and Shen, who was an officer with the U.S. Customs and Border Protection stationed in Miami, Florida. Shen and Hernandez rented a car in Denver, Colorado, which was due in Miami, Florida, on March 17, 2014.
On March 15, 2014, a Childress, Texas police officer pulled over a vehicle, driven by Shen, for following too closely. During the stop, Shen identified himself to the police officer as a federal law enforcement officer. The passenger in the vehicle was identified as Hernandez. Based on suspicious behavior, the Childress police officer asked for consent to search the vehicle. Shen refused to provide consent. So the police officer deployed his canine, who was already on the scene, to conduct a free-air sniff of the car. The police officer then informed Shen and Hernandez that he was going to search the car based on the canine’s alert. During the search, police found approximately 71 gross pounds of suspected marihuana in the trunk of the vehicle.
During an interview with law enforcement, Esteve made misleading statements to the agents about Shen’s and Hernandez’s conspiracy to distribute marihuana in an attempt to conceal the crime.
The Federal Bureau of Investigation; Department of Homeland Security, Office of Inspector General; Childress Police Department; Amarillo Police Department; Douglas County, Colorado Sheriff’s Office; and Castle Rock, Colorado Police Department conducted the investigation. Assistant U.S. Attorney Sean Taylor prosecuted.
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Two defendants sentenced to federal prison for drug chargesRead the Press Release
CHARLESTON, W.Va. – Two defendants were sentenced to federal prison today for drug crimes, announced United States Attorney Carol Casto. Joshua L. Henderson, 27, of Dayton, Ohio, was sentenced to four years in prison after previously pleading guilty to possession with intent to distribute fentanyl. In a separate prosecution, Larry Gaynor, 24, was also sentenced to four years in prison after previously pleading guilty to possession with intent to distribute heroin.
Henderson admitted that in early February 2017, he traveled from Dayton to Parkersburg several times a week to sell drugs. Using a confidential informant, the Parkersburg Police Department made multiple controlled purchases from Henderson of both heroin and fentanyl. On February 15, 2017, law enforcement obtained a search warrant for a residence where Henderson had been staying in Parkersburg. During the execution of the search warrant, Henderson attempted to flee by jumping from a second story window. Law enforcement caught Henderson and recovered over 13 grams of fentanyl and $1,800 in cash, as well as a Taurus 9mm pistol that had fallen from Henderson’s waistband during the jump. Additionally, law enforcement discovered more fentanyl, digital scales, small plastic baggies, and methamphetamine in or around Henderson’s bedroom. As part of his plea agreement, Henderson admitted to all the drug trafficking activity and to his possession of the gun.
In a separate prosecution, on October 26, 2016, Gaynor and another individual were pulled over in South Charleston. During the traffic stop, officers discovered approximately 100 grams of heroin, digital scales, baggies, and over $1,000 cash. Officers also discovered a 9mm handgun in Gaynor’s possession. As part of his plea agreement, Gaynor admitted to possession of the firearm and to all the charged drug trafficking activity.
The Parkersburg Police Department conducted the investigation of Henderson. Assistant United States Attorney Eumi L. Choi is in charge of the Henderson prosecution. Chief United States District Judge Thomas E. Johnston imposed Henderson’s sentence. The South Charleston Police Department conducted the Gaynor investigation. Assistant United States Attorney Haley Bunn is responsible for the Gaynor prosecution. United States District Judge John T. Copenhaver, Jr., imposed Gaynor’s sentence.
These cases were prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Two Men Plead Guilty to Fentanyl Trafficking ChargesRead the Press Release
BOSTON – Two men pleaded guilty today in federal court in Boston to their roles in a widespread heroin and fentanyl trafficking conspiracy operating in Lawrence.
Victor Alexander Gonzalez-Gonzalez, 24, a Dominican national residing in Lawrence, and Carlos Hernandez, a/k/a Gordo, 34, of Manchester, N.H., each pleaded guilty to one count of conspiracy to possess with intent to distribute heroin, cocaine and fentanyl. U.S. Senior District Court Judge Douglas P. Woodlock scheduled sentencing for Gonzalez-Gonzalez for Jan. 25, 2018, and U.S. District Court Judge Denise L. Casper scheduled Hernandez’ sentencing for Jan. 23, 2018.
On May 30, 2017, after a year-long investigation aimed at attacking the fentanyl and heroin crisis in Lawrence and surrounding areas, more than 200 federal, state and local law enforcement officers conducted a drug sweep in order to dismantle two Lawrence-based drug trafficking organizations, one allegedly run by Juan Anibal Patrone, and another allegedly led by Santo Ramon Gonzalez-Nival, who was also a source of supply for Patrone. Gonzalez-Gonzalez and Hernandez were arrested and charged along with Patrone, Gonzalez-Nival, and approximately 30 co-conspirators.
Gonzalez-Gonzalez was a courier for the Patrone organization. When search warrants were executed at his residence, law enforcement officers seized over 400 grams of fentanyl. In addition, law enforcement intercepted thousands of calls between Gonzalez-Gonzalez and Patrone, where Patrone directed him to deliver drugs to customers, and Gonzalez-Gonzalez delivered back to Patrone the money he received from customers.
Hernandez was a redistributor in New Hampshire for the Gonzalez-Nival organization. He was arrested on Feb. 25, 2017, after picking up 12 10-gram units from Gonzalez-Nival’s courier. During a traffic stop shortly thereafter, approximately 120 grams of suspected fentanyl was seized from Hernandez and his passenger, co-defendant Rory Connolly.
Thus far, seven defendants associated with the conspiracy, including Gonzalez-Gonzalez and Hernandez, have pleaded guilty. Patrone, Gonzalez-Nival, and Connolly have pleaded not guilty and are awaiting trial.
The conspiracy charge provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of up to $1 million. Gonzalez-Gonzalez will be subject to deportation proceedings upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michal J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Division; Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Essex County District Attorney Jonathan W. Blodgett; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Lawrence Police Chief James Fitzpatrick made the announcement today. The DEA Cross Border Initiative comprised of the DEA and the Andover, Haverhill, Lawrence, Lowell, and Wilmington Police Departments, conducted the investigation jointly with the Massachusetts State Police. Assistant U.S. Attorney Susan Winkler of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the cases.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Two Defendants in Bunkerville Standoff Case Plead Guilty to Obstruction of Court OrderRead the Press Release
LAS VEGAS, Nev. – Two men from Idaho pleaded guilty today in federal court to obstructing a federal court order during the impoundment of Cliven Bundy’s cattle in Bunkerville, Nev., in 2014.
Acting U.S. Attorney Steven W. Myhre for the District of Nevada, Special Agent in Charge Aaron C. Rouse for the FBI’s Las Vegas Division, and Acting Director Michael D. Nedd of the Bureau of Land Management made the announcement.
Eric J. Parker, 34, of Hailey, Idaho, and O. Scott Drexler, 47, of Challis, Idaho, each pleaded guilty to one count of obstruction of court order. United States District Chief Judge Gloria M. Navarro accepted the individual pleas and scheduled both defendants to be sentenced on Feb. 2, 2018. They each face the maximum statutory penalty of one year in prison and a $100,000 fine.
According to their individual pleas, beginning on or around March 28, 2014, federal law enforcement officers from the BLM and the National Park Service were engaged in the official duties of executing federal court orders authorizing them to remove and impound Cliven Bundy’s cattle trespassing on federal public lands in and around Bunkerville. On April 12, 2014, Parker and Drexler attended a rally held by Cliven Bundy and his family and heard Bundy direct those present to go to the BLM impoundment site and to get his cattle. Parker and Drexler then went to the BLM impoundment site along with several hundred other people who took positions in a wash leading into the impoundment site and on the I-15 overlooking the BLM impoundment site. While on the overpass, Parker and Drexler, both armed with rifles, heard the officers’ announcements, but did not comply with the orders and remained on the northbound I-15 bridge overlooking the impoundment site. The defendants failed to comply with the officers’ orders to leave the area. They presented a show of force in order to interfere with and impede the officers in the performance of their duties pursuant to federal court orders.
The investigation is being handled by the FBI and BLM. The case is being prosecuted by Acting U.S. Attorney Steven W. Myhre, Assistant U.S. Attorneys Nadia J. Ahmed and Daniel R. Schiess, and Special Assistant U.S. Attorney Erin M. Creegan.
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Twenty-Nine Individuals were Sentenced in a Multi-Agency Law Enforcement Operation Centered in Pompano BeachRead the Press Release
Twenty-nine individuals have been sentenced for their respective roles in selling guns and drugs in Pompano Beach following a yearlong intensive investigation lead by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Administration, and Broward Sheriff’s Office. Sentences imposed on the defendants ranged from one to 12 years in prison.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Peter J. Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Office, Adolphus P. Wright, Special Agent in Charge, Drug Enforcement Administration (DEA), Miami Field Division, Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), and Amos Rojas, Jr., United States Marshal, United States Marshals Service (USMS) Fugitive Task Force, made the announcement.
Twenty-nine defendants were sentenced in 23 separate cases for their participation in a narcotics trafficking conspiracy, narcotics trafficking offenses and firearms-related violations. During the course of the law enforcement operation, the defendants collectively sold a total of 285 firearms to undercover officers, including AR-15s, AKs, pistols, revolvers, a short barrel rifle and a police sniper rifle. The defendants also sold heroin, flakka, cocaine, oxycodone and marijuana to undercover law enforcement officers.
Convicted of primarily firearms-related offenses and sentenced were:
1. Francisco Lazaro Acosta, a/k/a “Chino,” 31, of Fort Lauderdale, 70 months’ imprisonment;
2. James Rodney Baker, a/k/a “Bake,” a/k/a "Bubba,” 32, of Pompano Beach, 72 months’ imprisonment;
3. Terrance Roshaud Demps, a/k/a “J.R.,” 28, of Pompano Beach, 37 months’ imprisonment;
4. Rashaun Gaskin, a/k/a “Shaun,” 19, of Fort Lauderdale, 24 months’ imprisonment;
5. Davon Gilbert, a/k/a “Von,” 19, of Plantation, 60 months’ imprisonment;
6. Edwin Nathan Oliver, a/k/a Edwin Olivert,” 35, of Deerfield Beach, 51 months’ imprisonment;
7. Adrian Stephens, 24, of Tamarac, 30 months’ imprisonment; and
8. Otis Thomas, a/k/a “Fat,” 25, of Pompano Beach, 72 months’ imprisonment.
Convicted of primarily narcotics-related offenses and sentenced were:
1. Alex Bernadin, a/k/a “Ace,” 33, of Deerfield Beach, 21 months’ imprisonment;
2. Jamise Bozeman, a//k/a “J,” 25, of Pompano Beach, 36 months’ imprisonment;
3. Antonio Brown, a/k/a “Big T,” 38 of Pompano Beach, 27 months’ imprisonment;
4. Marcus Depre, 28, of Pompano Beach, 21 months’ imprisonment;
5. Ronald Dutervil, a/k/a “Chris,” 30, of Pompano Beach, 87 months’ imprisonment;
6. Kurt Edward Hanford, 52, of Pompano Beach, 30 months’ imprisonment;
7. Frantz Jacques, a/k/a “Tim,” 34, of Lauderdale Lakes, 15 months’ imprisonment;
8. Terrance Jacsaint, a/k/a “TJ,” 26, of Lantana, 77 months’ imprisonment;
9. Dieuphen Joseph, 28, of Pompano Beach, 46 months’ imprisonment;
10. Vila Desir Jozama, a/k/a “V,” 25, of Pompano Beach, 90 months’ imprisonment;
11. Awince Lasseur, a/k/a “Snowman,” 28, of Pompano Beach, 70 months’ imprisonment;
12. Seaton Letts, Jr., 30, of Pompano Beach, 144 months’ imprisonment;
13. Anthony Tavaris Morris, a/k/a “Amp,” 33, of Pompano Beach; 70 months’ imprisonment;
14. Rodney Levon Newkirk, 20, of Lauderhill, 24 months’ imprisonment;
15. Denny Prenelus, a/k/a “DC,” 25, of Pompano Beach, 14 months’ imprisonment;
16. Wisley Prenelus, a/k/a “Wis,” 33, of Pompano Beach, 77 months’ imprisonment;
17. Walson Prophilis, a/k/a “Wat Wat,” 32, of Pompano Beach, 87 months’ imprisonment;
18. Douglas Tavaris Russell, a/k/a/ “T,” 31, of Pompano Beach, 11 months’ imprisonment
19. Henry D. Smith, a/k/a “Boss,” 36, of Fort Lauderdale, 77 months’ imprisonment
20. Michel-Ange Silien, 29, of Pompano Beach, 24 months’ imprisonment and
21. Jason Howard Tripp, a/k/a “Gucci Guch,” 31, of Boynton Beach, 24 months’ imprisonment.
Mr. Greenberg commended the investigative efforts of ATF, DEA, BSO and the USMS Fugitive Task Force.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Three Muscatine Residents Sentenced to Prison for Conspiracy to Distribute MethamphetamineRead the Press Release
DAVENPORT, Iowa – On October 19 and 20, 2017, Chief United States District Court Judge John A. Jarvey sentenced Muscatine residents, Danielle Graves, 35, to 135 months in prison, Nathan Wagner, 36, to 300 months in prison, and Charles Rhoades, 39, to 106 months in prison for conspiracy to distribute methamphetamine, announced United States Attorney Marc Krickbaum. Graves and Rhoades were ordered to serve three years of supervised release following their imprisonment, Wagner was ordered to serve five years of supervised release following his imprisonment, and all three defendants were ordered to pay $100 to the Crime Victims’ Fund.
On May 31, 2017, Rhoades pled guilty to methamphetamine conspiracy charges arising from individuals transporting methamphetamine from Des Moines to Muscatine and distributing it in southeast Iowa. The plea agreement stated that Rhoades distributed approximately seven grams of methamphetamine and also possessed with the intent to distribute over 100 grams of methamphetamine during a traffic stop in Nichols.
On June 2, 2017, Graves and Wagner pled guilty to methamphetamine conspiracy charges; they distributed approximately 25 to 30 pounds of methamphetamine from Des Moines to Muscatine. The conspiracy involved the defendants’ agreement to distribute the methamphetamine throughout the Muscatine area and the surrounding communities.
This matter was investigated by the Muscatine County Drug Task Force, the Des Moines Police Department, and the Iowa Division of Narcotics Enforcement. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
Summerville Man Convicted for Sex Trafficking Throughout the SoutheastRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Daewon Warren, age 27, of Summerville, was convicted in federal court in Charleston, South Carolina, for Sex Trafficking of a Minor in violation of 18 U.S.C. § 1591 and seven other charges related to sex trafficking. U.S. Attorney Drake stated that Warren faces a statutory mandatory minimum penalty of 15 years imprisonment and maximum of life imprisonment. United States District Judge David C. Norton, of Charleston, presided over the trial and will impose sentence at a later date. Warren remains in custody.
Evidence presented at trial proved that Warren and his co-defendant, Monique Lewis, participated in a conspiracy to commit sex trafficking in South Carolina, Georgia, and North Carolina. The defendants coerced several young women, including one minor, into working as prostitutes. The evidence showed that Warren routinely assaulted the victims and withheld food from them to coerce them into engaging in commercial sex acts. Evidence also showed the defendants used the website Backpage.com to advertise sexual services throughout the Southeast. Lewis pled guilty prior to the trial of Warren.
“The pimps who run girls and young women for their own profit are preying on some of our most vulnerable. The City of North Charleston’s Human Trafficking Unit and ICE - Homeland Security Investigations did some great work investigating this case. It is the second conviction of human traffickers working out of North Charleston by trial in federal court in the last 8 months. Between the two cases, 12 human traffickers have been successfully prosecuted through the partnership of the U.S. Attorney’s Office and these agencies,” added U.S. Attorney Drake.
The case was investigated by agents from the North Charleston Police Department’s Human Trafficking Unit and ICE - Homeland Security Investigations. Assistant United States Attorneys Matt Austin and Nathan Williams of the Charleston office prosecuted the case.
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Southbridge Man Sentenced for Distributing OxycodoneRead the Press Release
BOSTON – A Southbridge man was sentenced today in federal court in Worcester for dealing prescription opioids.
Hector Espola, 30, was sentenced by U.S. District Court Judge Timothy S. Hillman to four years in prison and three years of supervised release. In June 2017, Espola pleaded guilty to one count of possession with intent to distribute oxycodone.
On two occasions in July and August 2016, Espola sold 300 oxycodone pills to an individual cooperating with investigators. Espola was arrested on Feb. 17, 2017, in Massachusetts on a federal arrest warrant as he returned from New York City. Upon his arrest, agents found Espola in possession of another 300 oxycodone pills.
Acting United States Attorney William D. Weinreb; Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Southbridge Police Chief Shane Woodson made the announcement today. Assistant U.S. Attorney Greg A. Friedholm of Weinreb’s Worcester Branch Office prosecuted the case.
Sex Offender Is Sentenced for Failing to Update His Registration StatusRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Shawn Peterkin, 40, formerly of South Carolina, who pleaded guilty to failing to update his sex offender registration status, was sentenced to time served (approximately 19 months) by U.S. District Judge Charles J. Siragusa.
Assistant U.S. Attorney Tiffany H. Lee, who handled the case, stated that Peterkin was convicted in 2011 in North Carolina of Taking Indecent Liberties with a Child and was required to register as a sex offender. In October 2014, the defendant relocated to South Carolina and completed the necessary registration offender. However, in June 2015, Peterkin failed to update his registration and South Carolina authorities issued a warrant for his arrest in November 2015. The U.S. Marshal’s Service found the defendant residing in Rochester, NY, in February 2016. When confronted, the defendant admitted to being wanted in South Carolina for failure to register as a sex offender as well as failing to register with any authorities in the State of New York.
The sentencing is the culmination of an investigation on the part of the United States Marshal’s Service, under the direction of United States Marshal Charles Salina.
Seven Miami-Dade Men Charged with Armed Robbery ConspiracyRead the Press Release
Seven Miami-Dade residents have been arrested and charged by indictment with conspiracy to commit Hobbs Act robberies, Hobbs Act robberies, brandishing and discharging firearms in furtherance of crimes of violence, being a felon in possession of ammunition, and murder.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and Timothy R. Langan, Acting Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
Jonathan Cruz, a/k/a “Big Man,” a/k/a “Boss Man,” a/k/a “Chico Li,” 31, Eric Ortiz Melendez, a/k/a “E,” 26, Sadieu Nelus, a/k/a “Lucky,” 28, Trayvon Jabbari Thomas, a/k/a “T,” a/k/a “T-Man,” 19, Jorge Aponte Figueroa, 20, Lazaro Armando Cordovi, a/k/a “Screws,” a/k/a “Loose Screws,” 35, and David Gonzalez, a/k/a “Gano,” 20, all of Miami, were charged by a second superseding indictment with various charges related to a months-long conspiracy to commit armed robberies of pawn shops in Miami-Dade, Broward, and Palm Beach counties, and elsewhere.
According to court records, the defendants, together with other unknown individuals, engaged in a conspiracy to commit robberies of pawn shops beginning in October of 2016 and continuing through October of 2017. Members of the conspiracy entered various pawn shops in Miami-Dade, Broward, and Palm Beach counties, armed with firearms, and stole jewelry, at gun point, from the pawn shops’ display cases. On January 5, 2017, during one of the robberies charged in the superseding indictment, a member of the conspiracy shot and killed a patron of the pawn shop.
If members of the community have information related to the crimes charged in this indictment, they are encouraged to contact the FBI at (754) 703-2000.
Mr. Greenberg commended the investigative efforts of the FBI South Florida Violent Crime and Fugitive Task Force, the City of Miami Police Department, the Miami-Dade Police Department, the Broward Sheriff’s Department, the Palm Beach County Sheriff’s Office, the Palm Springs Police Department, the Hialeah Police Department, the Hollywood Police Department, the Margate Police Department, the Fort Lauderdale Police Department, the Miami Gardens Police Department, and the North Miami Police Department. The case is being prosecuted by Assistant U.S. Attorney Benjamin Widlanski.
An indictment is only an accusation and a defendant is presumed innocent 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 www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Second Illinois Man Charged in Investigation into Hacking of iCloud and Gmail Accounts Belonging to Celebrities and Other VictimsRead the Press Release
LOS ANGELES – An Illinois man was charged today with a felony computer hacking offense stemming from a phishing scheme that gave him illegal access to more than 550 Apple iCloud and Gmail accounts, including those belonging to entertainment industry figures.
Emilio Herrera, 32, of Chicago, has signed a plea agreement and is expected to plead guilty to a felony violation of the Computer Fraud and Abuse Act. Herrera agreed to plead guilty to one count of unauthorized access to a protected computer to obtain information.
Although Herrera was charged today in Los Angeles, the parties have agreed to transfer the case to the Northern District of Illinois for the entry of his guilty plea and sentencing. Once he enters the guilty plea, Herrera will face a statutory maximum sentence of five years in federal prison.
According to the plea agreement, which was lodged today in federal court in Los Angeles, Herrera engaged in a phishing scheme to obtain usernames and passwords for his victims. From April 27, 2013 until the end of August 2014, Herrera sent e-mails to victims that appeared to be from security accounts of internet service providers and encouraged the victims to send him their usernames and passwords. After victims responded, Herrera used the usernames and passwords to illegally access his victims’ iCloud and Gmail accounts. Once inside their accounts, Herrera had access to personal information, including sensitive and private photographs and videos, according to his plea agreement.
The case against Herrera stems from the investigation into the leaks of photographs of female celebrities in September 2014. However, investigators have not uncovered any evidence linking Herrera to the actual leaks or establishing that Herrera shared or uploaded the information he obtained.
With the filing of the case against Herrera, the investigation has now resulted in three cases against defendants around the nation. Another Illinois man was sentenced earlier this year to federal prison. In the third case, a Pennsylvania man was sentenced one year ago to 18 months in prison.
The case against Herrera is the product of an ongoing investigation by the Federal Bureau of Investigation.
This case is being prosecuted by Assistant United States Attorneys Ryan White and Vicki Chou of the Cyber and Intellectual Property Crimes Section.
Second Erie Resident Pleads Guilty in Schemes that Defrauded Auto Loan ProvidersRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of violating federal bankruptcy laws, conspiracy to commit wire fraud and wire fraud in two separate cases, Acting United States Attorney Soo C. Song announced today.
Douglas Alan Grooms, 46, pleaded guilty to one count of Criminal No. 16-15 Erie and thirteen counts at Criminal No. 16-30 Erie before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Grooms concealed property from the United States Bankruptcy Trustee in connection with his bankruptcy case.
In addition, from in and around May 2015, to in and around March 2016, Grooms and two co-defendants engaged in a scheme to defraud auto loans providers by utilizing two straw purchasers to buy vehicles in their own names from Rick Weaver Buick GMC. The vehicles would then actually remain in Coover’s possession. The three facilitated the scheme by falsifying the loan applications to make the straw purchasers appear more credit worthy and by not revealing that the straw purchasers were buying multiple vehicles at the same time. The value of many of the vehicles was also inflated to increase the funds received by the co-conspirators.
Judge Cercone scheduled sentencing for March 19, 2018. The law provides for a total sentence of 5 years in prison, a fine of $250,000, or both for Criminal No. 16-15 Erie and a total sentence of 340 years in prison, a fine of $8.5 million, or both for Criminal No. 16-30 Erie. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Pennsylvania State Police and the Erie Police Department conducted the investigation that led to the prosecution of Grooms.
Roswell Felon Sentenced to Prison for Violating Federal Firearms LawsRead the Press Release
ALBUQUERQUE – Daniel Jojola, 34, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison followed by three years of supervised release for violating the federal firearms laws.
Jojola was arrested on June 19, 2017, on a criminal complaint charging him with being a felon in possession of a firearm and possession of heroin and methamphetamine with intent to distribute on March 30, 2017, in Chaves County, N.M. According to the complaint, Chaves County Metro Narcotics Task Force (CCMNTF) agents seized approximately 55.2 grams of heroin, 7.0 grams of methamphetamine, a firearm, ammunition and drug paraphernalia from Jojola’s hotel room during the execution of a search warrant. According to court documents, Jojola was prohibited from possessing firearms or ammunition because he previously had been convicted of unlawful taking of a motor vehicle, conspiracy, burglary, contributing to delinquency of a minor, cocaine trafficking and possession of a controlled substance.
On Aug. 9, 2017, Jojola pled guilty to a felony information charging him with being a felon in possession of a firearm. In entering the guilty plea, Jojola admitted that on March 30, 2017, law enforcement agents executed a search warrant on the hotel room he was occupying and observed Jojola lying on a bed on top of a handgun. Jojola further admitted that he was prohibited from possessing a firearm or ammunition because of his prior felony convictions.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the CCMNTF. Special Assistant U.S. Attorney Clara Cobos prosecuted the case.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Renewable Fuel Trader Pleads Guilty to ConspiracyRead the Press Release
The owner of a company that buys and sells renewable fuel and fuel credits pleaded guilty in U.S. District Court for the Southern District of Ohio to conspiracy for his role in a scheme that generated over $47 million in fraudulent EPA renewable fuels credits, and over $12 million in fraudulent tax credits connected to the purported production of renewable fuel.
The plea entered by the defendant, Gregory Schnabel, before U.S. Magistrate Judge Norah King was announced by Acting Assistant Attorney General Jeffrey H. Wood for the Justice Department’s Environment and Natural Resources Division; U.S. Attorney Benjamin C. Glassman for the Southern District of Ohio; Special Agent in Charge Ryan L. Korner of the Internal Revenue Service (IRS) Criminal Investigation; Acting Special Agent in Charge John K. Gauthier, of the Environmental Protection Agency (EPA), criminal enforcement program in Ohio; and the Special Agent in Charge W. Jay Abbott of the Federal Bureau of Investigation’s Indianapolis Division.
“The defendant helped orchestrate a massive scheme to defraud the U.S. government, American taxpayers and his company’s competitors,” said EPA Administrator Scott Pruitt. “This case shows that EPA and its law enforcement partners are serious about ensuring a level playing field for businesses that follow the law and punishing those who break the rules in the name of personal gain.”
“The Department of Justice vigorously prosecutes those who defraud the federal government through unlawful RFS schemes like the one at issue in this case,” said Acting Assistant Attorney General Wood. “We applaud the work of the DOJ and EPA law enforcement team that sought and obtained justice in this case.”
“This case is another example that environmental programs are not immune from fraud,” U.S. Attorney Glassman said. “We will continue to catch and hold accountable those who attempt to defraud government programs of any sort.”
“Today’s charges send a strong message that there are serious consequences for activity that defrauds the economy and taxpayers,” said Special Agent in Charge Abbott. “I commend the excellent cooperation between the prosecutors, agents and other investigators who worked tirelessly to uncover this fraudulent scheme and expose the perpetrators who were manipulating the system for their own gains.”
“Gregory Schnabel pleaded guilty to participating in a conspiracy relative to a massive fraudulent fuel tax credit scheme for which he has agreed to pay over $13 million in restitution to the IRS,” said Special Agent in Charge Korner. “These tax credits were created in support of the production of various renewable fuels and fuel mixtures, they were not created to be a slush fund for thieves and fraudsters.”
According to his plea, Schnabel, owner of GRC Fuels of Oneonta, New York, engaged in a scheme with other co-conspirators to fraudulently claim EPA renewable fuels credits (also known as “RIN” credits) and tax credits on fuel that did not qualify for the credits, on fuel that had already been used to generate credits, and on fuel that was exported or otherwise used contrary to EPA and IRS regulations.
Schnabel bought and sold fuel from several individuals who have already pleaded guilty for their roles in the scheme, including:
- Fed Witmer and Gary Jury, formerly of Triton Energy, who pleaded guilty in the Northern District of Indiana to conspiracy, fraud, and false statements;
- Malek Jalal, formerly of Unity Fuels, who pleaded guilty in the Southern District of Ohio to conspiracy and obstruction of justice; and
- Dean Daniels, William Bradley, Ricky Smith, and Brenda Daniels, of New Energy Fuels and Chieftain Biofuels, who pleaded guilty in the Southern District of Ohio to conspiracy.
This case is being prosecuted by Assistant U.S. Attorney J. Michael Marous for the Southern District of Ohio, and Trial Attorney Adam Cullman and Senior Trial Attorney Jeremy Korzenik of the Environment and Natural Resources Division. The prosecution is the result of an investigation by the IRS, EPA-CID, and the FBI.
Owner of Computer School Sentenced to Two Years in Prison for $2.8 Million Veterans’ Retraining Assistance Program Education FraudRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, woman who owned a computer training center was sentenced today to 24 months in prison for stealing $2.8 million from a program designed to help veterans find employment, Acting U.S. Attorney William E. Fitzpatrick announced.
Elizabeth Honig, 52, of Morganville, New Jersey, previously pleaded guilty before U.S. District Judge Peter Sheridan to an information charging her with one count of theft of government funds. Judge Sheridan imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Honig owns Computer Insight Learning Center (CILC), a computer training school based in Eatontown, New Jersey. She helped 182 veterans enroll to receive federal funding under a program – funded by the Department of Veterans Affairs (VA) and the Department of Labor – designed to help older, unemployed veterans receive training and find employment in high demand occupations. The vast majority of these veterans were either not eligible or not actually attending the training.
Honig’s program was approved by the VA to provide education and training to military veterans, including veterans who received tuition assistance under the Veteran’s Retraining Assistance Program (VRAP), which offered up to 12 months of benefits for older, unemployed veterans between the ages of 35 and 60. This program provided training assistance to unemployed veterans for programs designed to lead to a high-demand occupation.
Honig admitted she logged on to the applications system more than 100 times and certified that she was the actual veteran who was applying for benefits. She supplied false information about employment status to qualify to attend her school and receive funding from the VA. Honig then certified to the VA that the veterans enrolled in her Business Software Applications Program – approved by the VA as a 14-week course costing approximately $4,000 – were attending for up to one year. Honig also certified that the veterans were attending full-time, in-class, knowing that 62 of those veterans lived out of the state. CILC is not eligible to be approved to provide online education.
Honig allowed veterans to attend less than the required hours, to stop attending prior to completion, or, in many cases, never attend at all. Honig failed to report the non-attendance to VA, which is required by law after 30 days of non-attendance, as long as the veterans continued to pay her a monthly fee. This caused the VA to continue payments to veterans who were not entitled to the funds. Honig’s monthly fee of approximately $750 also resulted in overpayments by veterans far in excess of the VA approved $4,000 course tuition.
In addition to the prison term, Judge Sheridan sentenced Honig to three years of supervised release. Under terms of the plea agreement, Honig consented to a forfeiture judgment of $1,274,154 and agreed to pay restitution of $2,831,455.
Acting U.S. Attorney Fitzpatrick credited the Northeast Field Office, U.S. Department of Veterans Affairs, Office of Inspector General, under the direction of Special Agent in Charge Donna L. Neves; and the Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigation, New York Region, under the direction of Special Agent in Charge Michael C. Mikulka, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Deborah J. Gannett and Jacob T. Elberg, Chief of the Healthcare and Government Fraud Unit in Newark.
Defense counsel: Evan Nappen Esq., Eatontown, New Jersey