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20 October 2017
Two Columbia Men Charged with Illegal FirearmsRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced today that two Columbia, Mo., men have been charged in federal court, in separate cases, with illegally possessing firearms.
Ladame T. Smith, 23, and Lajuan Marquis Martin, 23, both of Columbia, were each charged with being a felon in possession of a firearm in separate criminal complaints filed in the U.S. District Court in Jefferson City, Mo., on Thursday, Oct. 19, 2017. Martin and Smith are in federal custody and will have their initial court appearances today.
The first federal criminal complaint alleges that Smith, a felon, was in possession of a Zastava 7.62-caliber assault rifle and a Smith and Wesson 9mm semi-automatic handgun. The second federal criminal complaint alleges that Martin, a felon, was in possession of a Glock 9mm semi-automatic handgun.
According to affidavits filed in support of the criminal complaints, Columbia police officers were conducting surveillance and observed Smith get into a red Pontiac Grand Prix. Because Smith had an active parole absconder arrest warrant, officers stopped the vehicle, which was driven by Martin. A detective saw the loaded Glock handgun on the driver’s side floorboard at Martin’s feet and the loaded assault rifle between the passenger seat and doorjamb where Smith was seated. As Smith was exiting the vehicle, the detective also saw the loaded Smith and Wesson on the front passenger seat where Smith had been seated.
Officers also smelled the strong odor of burnt marijuana emanating from the inside of the vehicle and observed Smith smoking a “blunt” (marijuana cigar). Officers found eight grams of heroin packaged in 15 individual baggies and two Alprazolam pills in Martin’s pants pocket.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Smith has prior felony convictions for unlawful possession of a firearm, unlawful use of a firearm, burglary and stealing. Martin has a prior felony conviction for resisting arrest.
Larson cautioned that the charges contained in these complaints are simply accusations, and not evidence of guilt.These cases are being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. They were investigated by the Columbia, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Taunton Woman Sentenced for Social Security and Housing Assistance FraudRead the Press Release
BOSTON – A Taunton woman was sentenced today in federal court in Boston for concealing information and making false statements in order to receive Social Security disability benefits and Section 8 housing assistance to which she was not entitled.
Marisha Ebanks, 41, was sentenced by U.S. District Court Judge Allison D. Burroughs to four months in prison, three years of supervised release, with the first three months to be served in home confinement, and ordered to pay restitution of $178,722. In June 2017, Ebanks pleaded guilty to one count of Supplemental Security Income fraud and one count of making false statements.
In 1999, Ebanks began receiving housing assistance payments from the United States Department of Housing and Urban Development’s Section 8 Housing Choice Voucher Program; and in January 2003, she began receiving Supplemental Security Income (SSI) disability benefits from the Social Security Administration (SSA). Eligibility for both Section 8 housing and SSI is based, in part, on the applicant having limited income and resources. In assessing a married individual’s eligibility for these benefits, the income of the applicant’s spouse is considered if they live together.
When Ebanks applied for SSI benefits in September 2002, she truthfully reported that she was married, but falsely stated that she and her husband did not live together, when, in fact, she and her husband were living together with their two children. SSA sent Ebanks annual reminders of her obligation to report any changes in her household composition, including any change in income of any household member, but Ebanks concealed her husband’s true residence. During an eligibility redetermination with SSA in October 2010, Ebanks continued to report that she was married, but falsely stated her husband was not a member of her household.
Similarly, in May 2002, in order to continue receiving Section 8 housing, Ebanks falsely reported that her husband had moved out of her residence. She repeatedly omitted her husband from the list of household members on recertification questionnaires in subsequent years, and she falsely stated that no member of her family received income from any employment, even though her husband was working.
Ebanks fraudulently received approximately $70,655 in disability benefits and $108,067 in Section 8 housing assistance benefits.
Acting United States Attorney William D. Weinreb; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Christina Scaringi, Special Agent in Charge of the U.S. Department of Housing and Urban Development, Office of the Inspector General, Northeast Regional Office, made the announcement today. Special Assistant U.S. Attorney Karen Burzycki of Weinreb’s Major Crimes Unit prosecuted the case.
Swansea Man Involved in Fatal Car Accident Sentenced for Possessing Firearm as a FelonRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced that Eric L. Eiskant, 33, of Swansea, was sentenced yesterday in the United States District Court for the Southern District of Illinois to 33 months in federal prison for possessing a firearm as a convicted felon to be followed by three years of supervised release. The Honorable Judge Staci M. Yandle ordered that the sentence imposed run consecutively to any sentence on charges Eiskant faces in the Circuit Court of St. Clair County.
Evidence showed that on January 20, 2017, Eiskant was involved in a fatal vehicle accident that occurred in the area of St. Clair Avenue and 79th Street in East St. Louis. A witness on scene told officers that he went to check on Eiskant’s well-being following the accident, and Eiskant handed him a loaded firearm stating, "I got to get out of here. I’m going to get in trouble." The witness dropped the firearm on the ground and kicked it under Eiskant’s vehicle, and after officers arrived on scene, he directed them to where the firearm was located. Agents then located a loaded .25 caliber Beretta pistol under the vehicle Eiskant had been driving. Records showed that Eiskant’s deceased grandfather had originally purchased the pistol.
Eiskant is currently indicted in St. Clair County Case Number 17-CF-727 with four counts of Aggravated Driving Under the Influence, two counts of Reckless Homicide, and one count of Possession of a Controlled Substance.
The investigation was conducted by the Illinois State Police with assistance from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Laura V. Reppert.
St. Roch Resident Sentenced to 20 Years Imprisonment for Cocaine Trafficking ConspiracyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that LAZANDY DANIELS, age 40, of the St. Roch neighborhood, was sentenced yesterday for his role in distributing kilograms of cocaine in the New Orleans area. Following a three-day trial, a jury found DANIELS guilty of conspiracy to distribute five kilograms or more of cocaine hydrochloride (powder) and 28 grams or more of cocaine base (“crack”); and two counts relating to the distribution of crack cocaine.
U.S. District Judge Jane Triche Milazzo sentenced DANIELS to 240 months imprisonment, followed by 10 years supervised release, and a $100 special assessment.
According to the evidence presented at trial, co-defendant CRAIG JAMES was a Houston-based cocaine supplier who, during 2014 and 2015, transported up to 30 kilograms of cocaine per month from Houston to New Orleans. JAMES’S method for transportation was to hide the cocaine in the door panels of used cars, load the cars onto a flatbed truck, and drive the truck from Houston to a salvage yard in New Orleans East. Upon arrival at the salvage yard, DANIELS and others would assist JAMES in unloading the drugs; distributing the drugs to local kilogram-level dealers like co-defendants LEON JACKSON and JOPPA JACKSON; and then collecting the drug proceeds that would then be used to purchase more cocaine for resale. The evidence further showed that DANIELS sold quantities of crack and powder cocaine from a home near the intersection of North Derbigny Street and Mandeville Street in the St. Roch neighborhood. DANIELS and JAMES were arrested on December 2, 2015, at the Super 8 Hotel on Chef Menteur Highway in New Orleans East. At the time of the arrest, the men were in possession of 164 grams of crack cocaine, numerous items used to weigh and package cocaine, and almost $300,000 in cash drug proceeds.
Co-defendants CRAIG JAMES and LEON JACKSON, JR., both previously pled guilty to conspiracy to distribute 5 kilograms or more of a mixture containing cocaine hydrochloride and 28 grams or more of a mixture containing cocaine base (crack). JAMES was sentenced to 156 months imprisonment, followed by 10 years supervised release, and a $100 special assessment. LEON JACKSON was sentenced to 70 months imprisonment, followed by 5 years supervised release, and a $100 special assessment.
Co-defendant JOPPA JACKSON previously pled guilty to conspiracy to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine hydrochloride and was sentenced to 78 months imprisonment, followed by 8 years supervised release, and a $100 special assessment.
Acting U.S. Attorney Evans praised the work of the Drug Enforcement Administration, New Orleans Police Department, Plaquemines Parish Sheriff’s Office, Kenner Police Department, and Border Patrol in investigating this matter. Assistant United States Attorneys Brandon S. Long and Theodore Carter were responsible for the prosecution.
Springfield Man Pleads Guilty to Federal Firearms ChargesRead the Press Release
BOSTON – A Springfield man pleaded guilty today in federal court in Springfield to unlawfully possessing firearms.
Kenneth Finch Jr., 30, pleaded guilty to two counts of being a convicted felon in possession of a firearm before U.S. District Court Judge Mark G. Mastroianni. Sentencing is scheduled for Jan. 18, 2018. Finch has a prior felony conviction in North Carolina for being a felon in possession of a firearm.
In June 2015, law enforcement received information that Finch was a source for firearms in the Springfield area. On June 3, 2015, Finch sold a Ruger Model P-90 .45 caliber pistol and six rounds of .45 caliber ammunition to two undercover officers in exchange for $1,200. Finch was later arrested on May 12, 2016, and charged. The following day, Finch called his girlfriend from jail and directed her to a firearm that he had concealed in her apartment. Law enforcement later recovered a Duetsche Werke 7.65 mm caliber pistol from Finch’s girlfriend at her apartment in Springfield. On Nov. 10, 2016, Finch was charged with an additional count of being a felon in possession of a firearm.
Acting United States Attorney William D. Weinreb and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Katharine A. Wagner of Weinreb’s Springfield Branch Office is prosecuting the case.
Sacramento Man Charged with Escape from Fresno FacilityRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment yesterday against Juhun Merrell Brown, 42, of Sacramento, charging him with escaping from custody, United States Attorney Phillip A. Talbert announced.
According to court documents, Brown was sentenced to federal prison for distributing methamphetamine in 2014. In January 2017, Brown was transferred to the federal halfway house facility in Fresno as part of his sentence. On March 13, 2017, officials found that he failed to return to the facility as required. Brown was subsequently arrested and appeared in court on October 5, 2017, and he appeared for arraignment on the indictment today.
This case was the product of an investigation by the United States Marshals Service. Assistant United States Attorney Laurel J. Montoya is prosecuting the case.
If convicted, Brown faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Roofing Company Owner and Former Facilities Manager at Sierra Army Depot Indicted for Conspiracy to Defraud the United StatesRead the Press Release
UPDATE
The defendants in this case, Kenneth Keyes and Leroy Weber, were acquitted by a jury of the charges alleged in the indictment described in the press release below.
A federal grand jury in the Eastern District of California returned an indictment yesterday against two individuals for allegedly conspiring to defraud the United States, the Department of Justice announced.
The indictment alleges that Kenneth Keyes, a former facility manager at Sierra Army Depot (SIAD), and Leroy Weber, the owner of a roofing company, participated in a conspiracy to defraud the United States from as early as February 2012, and continuing through at least July 23, 2013, by obstructing the lawful functions of the United States Army through deceitful or dishonest means.
“Yesterday’s indictment demonstrates the Antitrust Division’s commitment to pursuing individuals who seek to enrich themselves by misusing federal programs at the expense of taxpayers,” said Assistant Attorney Makan Delrahim of the Justice Department’s Antitrust Division.
SIAD is a United States Army facility located in Northern California. In 2012, SIAD earmarked $40 million for construction and renovation projects at its site using contractors who qualified under the Small Business Administration’s 8(a) Development Program. The program provides assistance and benefits to small businesses owned and controlled by socially and economically disadvantaged individuals.
The indictment alleges that Keyes, Weber, and other unidentified co-conspirators:
- Recruited eligible 8(a) contractors to work as primary contractors at SIAD;
- Represented to those contractors that Weber controlled the work and allocation of SIAD contract awards;
- Caused prime contracts to be assigned to selected 8(a) contractors;
- Used proprietary government pricing information to inflate contract prices for the SIAD contracts;
- Required selected 8(a) contractors to award work to companies owned or controlled by Weber; and
- Required a contractor to pay Weber in exchange for being awarded certain subcontracts by 8(a) contractors.
The indictment also alleges that Weber caused a company under his control to issue weekly paychecks to a relative of Keyes, and himself caused $10,000 to be paid directly to Keyes.
The purpose of this conspiracy was to enable Keyes and Weber to unjustly enrich themselves and their family members by diverting government funds intended to rebuild and repair the SIAD Army facility to themselves and their companies.
An indictment merely alleges that crimes have been committed and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. Weber and Keyes each face a maximum penalty of 5 years in prison and a fine of $250,000.
The charges are the result of an ongoing federal antitrust investigation handled by the Department of Justice Antitrust Division’s San Francisco Office with assistance from the U.S. Small Business Administration Office of Inspector General, the U.S. Army Criminal Investigation Command, and the General Services Administration Office of Inspector General. Anyone with information concerning the conspiracy should contact the Antitrust Division’s San Francisco Office at 415-934-5300.
Real Estate Investor Indicted for Bid Rigging in Eastern District of CaliforniaRead the Press Release
A federal grand jury in Sacramento returned an indictment yesterday charging a California real estate investor with bid rigging at public real estate foreclosure auctions, the Department of Justice announced.
Real estate investor Yama Marifat has been charged with conspiring with other real estate investors to rig bids when purchasing selected properties at foreclosure auctions in San Joaquin County, California, beginning in or about April 2009 and continuing until in or about October 2009.
The indictment, filed in the U.S. District Court for the Eastern District of California, alleges that Marifat and co-conspirators carried out the conspiracy by agreeing not to bid against each other on selected properties. Instead of bidding against one another, they designated one conspirator to bid at the public auction, then held second, private auctions and made payoffs to each other. An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
“Bid rigging subverts the competitive process, undermines consumers’ confidence in the market, and will not be tolerated,” said Assistant Attorney General Makan Delrahim of the Department of Justice Antitrust Division. “The Division remains committed to prosecuting the individuals who commit these crimes.”
Yesterday's indictment carries a maximum penalty of ten years in prison and a one million dollar fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
This case is part of an ongoing investigation of fraud and bidding irregularities in certain real estate auctions in San Joaquin County. As a result of this ongoing investigation, 12 individuals have pleaded guilty or been convicted in the U.S. District Court for the Eastern District of California. Ten of these individuals have been sentenced to serve prison terms ranging from five to eight months. In addition, the defendants have been ordered to pay a total of more than six million dollars in criminal fines and restitution.
The investigation is being conducted by the Antitrust Division’s San Francisco office and the FBI’s Sacramento Division. Anyone with information concerning bid rigging or fraud related to real estate foreclosure auctions should contact the Antitrust Division’s San Francisco office at 415-394-5300, visit www.justice.gov/atr/contact/newcase.html, or contact the FBI’s Sacramento Division at 916-481-9110
Ravenna man convicted of domestic violence indicted for having eight firearms and 1,300 rounds of ammunitionRead the Press Release
A Ravenna man previously convicted of domestic violence was indicted for having eight firearms and and more than 1,300 rounds of ammunition, said U.S. Attorney Justin E. Herdman.
Seth Alan Powers, 31, was indicted by a federal grand jury on one count of unlawful possession of firearms and ammunition by a prohibited person.
The indictment alleges that on March 13, 2017, Powers possessed the following firearms and ammunition, after having been convicted of domestic violence in the Portage County Municipal Court in 2005: Bersa, model Thunder 45, .45 caliber pistol, serial number A59814; Keltec, model PF-9, 9mm pistol, serial number SP089; Ruger, model SR-22, .22 caliber pistol, serial number 365-33720; Walther, model HK416D, .22 caliber pistol, serial number WH013613; Mossberg, model 500A, 12 gauge shotgun, serial number R657562; Taurus, model Rossi, .22 caliber rifle, serial number 5JS244294; Taurus, model Rossi, .22 caliber rifle, serial number 5JS244352; Taurus, model Rossi, .22 rifle caliber, serial number 5JS244203; seven rounds of Hornady ammunition, .45 caliber; seven rounds other ammunition, 9 mm; nine rounds Remington ammunition, .22 caliber; two rounds assorted ammunition, 12 gauge; 1,050 rounds assorted ammunition, unknown caliber; 279 rounds assorted ammunition, unknown caliber.
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 Portage County Drug Task Force. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.
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.
Port Angeles Naturopath Sentenced to Prison for Distributing Hormone Drug for Weight LossRead the Press Release
A Port Angeles, Washington naturopath, who lost his license for illegally distributing a human hormone (HCG) in 2013, was sentenced to prison today for his second felony conviction for similar conduct related to misbranded prescription drugs, announced U.S. Attorney Annette L. Hayes. RICHARD MARSCHALL, 65, operates the Natural Healing Clinic in Port Angeles, and despite having his license to practice naturopathy and his DEA registration number suspended, continued to provide hormones to patients for weight loss – including patients he never examined but only met via the phone or internet. U.S. District Judge Ronald B. Leighton sentenced MARSCHALL to two months in prison and a $2,000 fine saying, “Dr. Marschall tempted fate after a prior conviction. This is a serious offense.”
“This defendant flouted the laws that are designed to keep patients safe,” said U.S. Attorney Annette L. Hayes. “Even after he was convicted for acting illegally, Richard Marschall continued to provide hormones to patients without any basis in medical science. This prison sentence is necessary to send the message that this conduct must end.”
According to federal court records, MARSCHALL was convicted and sentenced to two years of probation in 2011 for introducing misbranded drugs into commerce. Following that conviction, the Washington State Department of Health (DOH) suspended MARSCHALL’s naturopathy license in November 2013. Despite that suspension, DOH learned MARSCHALL continued to practice and ordered a further 18 month suspension. MARSCHALL has not had a valid license to practice naturopathy since November 2013. Nevertheless, MARSCHALL continued to treat patients and illegally provided them with a type of human hormone that is sometimes prescribed for infertility. MARSCHALL was providing it and promoting HCG as a weight loss drug.
In September 2016, two DOH investigators went undercover as patients and listened as MARSCHALL touted HCG for weight-loss and described how he would set up a program of injections for them. Later that fall, MARSCHALL communicated via email with an undercover FDA, Office of Criminal Investigations (OCI) investigator and conducted a one-hour telephone screening before sending her HCG through the mail. MARSCHALL never met or examined the ‘patient’ before mailing the drugs to her at a Portland, Oregon address. MARSCHALL obtained the HCG from pharmacies by lying about the status of his license and his DEA registration number.
As part of his sentence MARSCHALL will be on one year of supervised release. U. S. Probation will work with Washington State Department of Health regarding the status of MARSCHALL’s currently suspended naturopath license.
The case was investigated by the Washington State Department of Health and the Food and Drug Administration Office of Criminal Investigation.
The case was prosecuted by Assistant United States Attorney Matthew Diggs.
Paducah Office Manager Guilty of Embezzling over $700,000 from Her EmployerRead the Press Release
PADUCAH, Ky. – The office manager for Utilities Dynamics, Inc. entered a guilty plea today in United States District Court before Senior Judge Thomas B. Russell to charges of wire fraud and identity theft as part of a scheme to defraud the company of over $700,000 announced United States Attorney Russell M. Coleman.
Kristen Renee Roberts, 39, of Calvert City, Kentucky, was charged in a criminal Information with one count of wire fraud and one count of aggravated identity theft as part of a scheme to defraud her employer of at least $700,000 during an eight-year period.
According to the plea agreement, Roberts acknowledged that beginning in June of 2009 and continuing until October of 2016, while office manager for Utilities Dynamics, Inc. (“the Company”), she was responsible for all of the Company’s accounts payable, accounts receivable, employee payroll, QuickBooks functions, and banking requirements. She also had access to the Company’s company credit cards and banking account information.
Roberts admitted to using both her own company credit cards and the company credit card of another employee for unauthorized purchases for the benefit of herself and her family. Roberts would also use company funds to pay off her own personal credit cards and the personal credit cards of her family.
Finally, because Roberts controlled the Company’s payroll, she also was able to overpay herself using direct deposits from the Company’s bank account into her personal bank account. Roberts would conceal these overpayments to herself by creating fake payroll payments to other employees within the Company and then deposit that money into her own account. She would also conceal these overpayments by creating fake invoices within the Company’s QuickBooks accounting software to various vendors used by the Company where the payments to these vendors were actually payments into her personal bank account.
At sentencing, Roberts could receive up to 22 years in prison, fined up to $500,000, and be required to serve up to three years of supervised release.
Roberts remains free on bond, with sentencing scheduled before Senior Judge Russell on January 31, 2017 at 12:15pm in Paducah.
This case is being prosecuted by Assistant United States Attorney Nute Bonner and is being investigated by the McCracken County Sheriff’s Office.
Operation Jungle Book Targets Wildlife Trafficking, Leading to Federal Criminal Cases and Recovery of Numerous Animal SpeciesRead the Press Release
LOS ANGELES – Operation Jungle Book, a law enforcement initiative led by the United States Fish and Wildlife Service that targeted wildlife smuggling, has resulted in federal criminal charges against 16 defendants who allegedly participated in the illegal importation and/or transportation of numerous animal species – including a tiger, monitor lizards, cobras, Asian “lucky” fish, turtles, exotic songbirds and several coral species.
“We are combatting an ever-growing black market for exotic animals. An insatiable desire to own examples – both living and dead – of these vulnerable creatures is fueling this black market,” said Acting United States Attorney Sandra R. Brown. “This is a truly international problem that threatens the survival of iconic species and vulnerable animal populations. The United States Attorney’s Office is prosecuting a wide array of cases that highlight the pervasive problem of wildlife trafficking and the associated issues of invasive species, disease transmission and the extinction of certain species.”
In conjunction with the announcement of the criminal cases filed by federal prosecutors based in Los Angeles, the United States Fish and Wildlife Service (USFWS) is holding a media event today to showcase the broad range of species that are being smuggled into the United States and recognize its law enforcement and community partners who provide substantial assistance in the fight against wildlife trafficking.
“Wildlife trafficking does not stop at international borders, and it is our duty to protect imperiled species both at home and abroad,” said Ed Grace, USFWS Acting Chief of Law Enforcement. “I commend our special agents who worked collaboratively with our state and federal partners to investigate, arrest, and prosecute these criminals. I would also like to thank the zoos, sanctuaries, and educational centers that shelter, care for, and rehabilitate the live animals we seize. Together, we are saving imperiled animals while bringing to justice those who attempt to profit from the illegal wildlife trade.”
At today’s media event, USFWS officials will be joined by representatives of the United States Attorney’s Office, U.S. Customs and Border Protection (CBP), U.S. Immigration and Custom Enforcement’s Homeland Security Investigations (HSI), and the California Department of Fish and Wildlife (DFW). Some of the animals that have been recovered are currently being cared for by the Los Angeles Zoo, the San Diego Zoo Global, the Turtle Conservancy, and the STAR Eco Station – organizations that will also be represented at today’s event.
Over the past several months, prosecutors from the Environmental and Community Safety Crimes Section of the United States Attorney’s Office have filed and litigated a series of cases that demonstrate the scope of the underground market for protected wildlife. The cases further illustrate the various means used by traffickers to avoid detection in the harvesting and illegal smuggling of various species.
The black market for protected wildlife increases the demand for wildlife and their parts, which threatens to decimate vulnerable species. The prosecution of these cases will educate the public about the laws protecting wildlife and deter future wildlife crimes.
Tiger
A Florida man was arrested yesterday afternoon on charges of being involved in the illegal sale and transportation of a Bengal tiger that was seized from a residence in Ventura County.
Nicholas Bishop, also known as “Nick the Wrangler,” 27 – who currently resides in Hollandale, Florida, but at the time of the offense lived in Henderson, Nevada – was named in a criminal complaint filed late last month that charges him with the federal felony offense of aiding and abetting the purchase of a prohibited wildlife species. The State of California also prohibits the possession of tigers and other large cats (certain licensed individuals and organizations have exceptions).
According to the affidavit in support of the complaint, Bishop falsified documents used to purchase the tiger in March 2014 from an Indiana organization called Wildlife In Need, Wildlife Indeed. In a statement he later gave to investigators, Bishop said that he had purchased the tiger for Michael Ray Stevenson, a rapper who uses the stage name Tyga.
The following month, the tiger was seen in a backyard in Ventura and reported to the DFW, which later located and seized the animal in Piru. The two individuals who possessed the tiger in Piru were convicted in state court. When it was recovered, the tiger weighed approximately 100 pounds; it now weighs well over 400 pounds.
Bishop allegedly falsified purchase records and caused the interstate transport of the tiger without the necessary documentation and permits required by the USFWS and the United State Department of Agriculture.
Bishop was taken into custody yesterday afternoon. He is expected to make his initial court appearance this afternoon in United States District Court in Fort Lauderdale, Florida. If he were to be convicted of the criminal charge, Bishop would face a statutory maximum sentence of five years in federal prison.
King cobras
A Monterey Park man pleaded guilty last month to smuggling king cobras – reptiles that were illegally brought into the United States after being hidden in potato chip cans shipped from Hong Kong.
Rodrigo Franco, 34, was arrested in July and charged with smuggling the cobras that were intercepted by CBP in March, along with Chinese albino soft-shelled turtles. At the time the cobras were seized, Franco was already under investigation because of a prior shipment of three protected turtles – two big-headed turtles and a pig-nosed turtle (or “Fly River” turtle) – that USFWS had intercepted in January.
After the cobras were seized in March, USFWS agents searched Franco’s residence, where they found, in a child’s bedroom, a Morelet’s crocodile, five diamond back terrapins and various turtles – all of which are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a treaty among 183 nations that is designed to ensure that international trade in specimens of wild animals and plants does not threaten their survival.
When he pleaded guilty, Franco admitted smuggling a total of 23 cobras that had a black market value of approximately $46,000. The three cobras seized by CBP in March were sent to the San Diego Zoo, where one ultimately died.
Franco pleaded guilty on September 7 and is scheduled to be sentenced by United States District Judge George H. Wu on December 7, at which time he will face a statutory maximum sentence of 20 years in federal prison.
Monitor lizards
An Inglewood man pleaded guilty last month to smuggling five monitor lizards into the United States – two of which died while they were being shipped.
Gayle Simpson, 33, pleaded guilty on September 27 to one count of smuggling monitor lizards that were shipped from the Philippines.
The case against Simpson stems from a package intercepted by CBP in April. The package, which was labeled as “speakers” and was addressed to Simpson’s son, contained five monitor lizards: three spiny-necked water monitor lizards, one Samar water monitor lizard, and one Palawan water monitor lizard. Two of the monitor lizards arrived dead, and a third had suffered a crushed foot. All five monitor lizards are protected under CITES. A subsequent search warrant executed by USFWS at Simpson’s residence resulted in the seizure of four yellow-headed water monitor lizards and two spiny-necked water monitor lizards.
Simpson is scheduled to be sentenced by United States District Judge Manuel L. Real on November 20, at which time he will face a statutory maximum penalty of 20 years in federal prison.
In another case involving monitor lizards, a Long Beach man is scheduled to be arraigned on November 7 after being charged earlier this month with smuggling two species that had been shipped from the Philippines.
Bryan Cho, 41, allegedly was set to receive five monitor lizards in a package that was intercepted by USFWS October 2016. After a shipping company delivered the package, USFWS agents went to Cho’s business, where agents saw the same species of lizards in the store.
In May, USFWS learned about another package from the Philippines that was sent to Cho’s business address in Long Beach. While the package was described as containing “Toy Cars,” Cho admitted to ordering two or three monitor lizards from the Philippines.
If he convicted of the smuggling offense, Cho would face a statutory maximum penalty of 20 years in federal prison.
Arowana fish (“lucky” fish)
A Westminster man who sold arowana fish – said to be the world’s most expensive aquarium fish – pleaded guilty yesterday to smuggling the protected fish thought to be symbols of luck and prosperity in parts of Asia, as well as various turtle species.
Kevin Duc Vu, 45, pleaded guilty to a felony charge that carries a maximum sentence of 20 years in federal prison.
In September 2016, CBP intercepted a package addressed to Vu’s wife that contained six arowanas and seven big-headed turtles. The intercepted package also contained seven four-eyed turtles, six Asian box turtles and one black-breasted turtle. Six of the turtles ultimately died as a result of the smuggling efforts.
On October 5, 2016, USFWS agents searched Vu’s residence and recovered two black-breasted turtles and four dead arowanas that were concealed in a freezer.
Evidence uncovered during the USFWS investigation revealed that Vu had previously ordered wildlife, including arowanas, from an overseas supplier. According to court documents, Vu sold arowanas for $1,900, big-headed turtles for $850, and a pair of black-breasted turtles for $2,000.
Vu is scheduled to be sentenced by United States District Judge Christina A. Snyder on February 5.
Arowanas are also at issue in a three-count indictment returned by a federal grand jury last month, which charges an Orange County man and a foreign national with conspiring to smuggle the protected fish into the United States.
The indictment charges Shawn Naolu Lee, 29, of Garden Grove, and Mickey Tanadi, 21, of Jakarta, Indonesia, with conspiracy, smuggling protected fish into the United States and submitting a false record for wildlife intended for importation.
According to court documents, Lee ordered eight arowanas from Tanadi, agreeing in January to pay $2,000 for the fish plus shipping costs. Tanadi put the fish into bags of water that were concealed in porcelain pots to evade detection, which he then allegedly shipped in February.
A CBP officer noticed that a package labeled as “Porcelain Herbal Pots” was leaking water, and CBP intercepted the shipment. Following a controlled delivery of the shipment to Lee’s residence, USFWS agents recovered the arowanas. However, all eight fish ultimately died as a result of the smuggling scheme.
Lee has pleaded not guilty to the charges in the indictment, and is scheduled to go on trial before United States District Judge Otis Wright II on November 14. Tanadi remains at large. If they are convicted of the three charges in the indictment, Lee and Tanadi would each face a statutory maximum penalty of 30 years in federal prison.
A Florida man was charged earlier this month with a misdemeanor offense of engaging in the unlawful trade of arowana fish. Cory Pham, 43, of Sunrise, Florida, was named in a criminal complaint that alleges he brought five arowanas on a flight from Vietnam to Los Angeles International Airport on October 5.
Pham allegedly concealed the fish in black bags that were hidden in a plastic container placed in his luggage. Pham did not declare the arowanas to customs officials, nor did he have any permits that would allow him to legally bring the fish into the United States.
Pham is scheduled to be arraigned in this case on November 14. If he was convicted, Pham would face a maximum sentence of one year in federal prison.
Asian songbirds
An Orange County man was ordered this week to serve one year in federal prison, and another six months in home detention, after pleading guilty to smuggling protected Asian songbirds into the United States.
Kurtis Law, 50, of Fountain Valley, was sentenced by United States District Judge Manuel L. Real after pleading guilty last summer to smuggling and attempted entry of goods by means of false statements.
Law was arrested in May after bringing 93 Asian songbirds, worth nearly $100,000, on a flight from Vietnam. All but eight of the birds died in transit or soon after arriving at Los Angeles International Airport.
Earlier this week, a Westminster man pleaded guilty to conspiring to smuggle Asian songbirds – specifically, Chinese Hwamei – into the United States.
Sonny Dong, 55, admitted hiring another man to illegally import the birds from Vietnam. The birds were smuggled by hiding them under clothes or in baggage on airline flights.
Dong pleaded guilty before United States District Judge S. James Otero, who scheduled a sentencing hearing for May 14, 2018. Dong faces a statutory maximum sentence of five years in federal prison.
Feathers from protected birds
A Santa Ana man is scheduled to go on trial December 12 on misdemeanor charges of illegally selling feathers on Facebook from protected migratory birds and bald eagles.
Tyler Rene Vela, 27, could be sentenced to up to one year in prison if he is convicted of selling feathers from a bald eagle and up to six months in prison if convicted of selling feathers from a red-tailed hawk and a turkey vulture.
Corals
Late last month, prosecutors obtained three indictments charging a total of three individuals and two companies with engaging in the unlawful trading of protected live corals. Arraignments for all of the defendants are scheduled for early November.
Indictments and criminal complaints contain allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
The cases brought as part of Operation Jungle Book are being handled by Assistant United States Attorneys Erik M. Silber, Amanda Bettinelli, Dennis Mitchell and Heather Gorman of the Environmental and Community Safety Crimes Section.
Nigerian Citizen Sentenced to 6 ½ Years in Prison for $12 Million Tax Refund Fraud, Voter Fraud, and Illegal ReentryRead the Press Release
A Nigerian citizen, who resided in St. Louis, Missouri, was sentenced to 78 months in prison for mail fraud, aggravated identity theft, voter fraud, and re-entering the United States after having been removed, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Carrie Costantin for the Eastern District of Missouri.
According to documents filed with the court, Kevin Kunlay Williams, a.k.a. Kunlay Sodipo, 56, and others stole public school employees’ IDs from a payroll company and used them to electronically file more than 2,000 fraudulent federal income tax returns seeking more than $12 million in refunds. He also stole several return preparer’s Electronic Filing Identification Numbers (EFINs) and used them to secure tax-related bank products and services that facilitated the issuance of tax refunds, to include blank check stock and debit cards. Williams used the blank stock to print checks funded by the fraudulent refunds and directed some of the refunds onto debit cards.
Williams previously entered the United States from Nigeria under the name Kunlay Sodipo, but was deported in 1995. In 1999, Williams illegally returned to the United States from Nigeria using the last name Williams. In 2012, Williams registered to vote in federal, state and local elections by falsely claiming that he was a U.S. citizen and voted in the 2012 and 2016 presidential elections.
In addition to the term of prison imposed, Chief U.S. District Judge Rodney W. Sippel ordered Williams to pay restitution of $889,712 to the Internal Revenue Service, in addition to forfeiture of money orders totaling $10,810 seized during the investigation. Williams is in custody and also faces deportation.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Costantin commended special agents of IRS Criminal Investigation, FBI and the U.S. Postal Inspection Service as well as the Dothan, Alabama Police Department and Alexander City, Alabama Police Department, who conducted the investigation, and Trial Attorneys Michael C. Boteler and Charles M. Edgar, Jr. of the Tax Division, who prosecuted this case with assistance from the U.S. Attorney’s Offices in the Eastern District of Missouri and Middle District of Alabama.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
New Orleans Man Pleads Guilty in Methamphetamine-Trafficking ConspiracyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that CLARK McALPIN, age 37, of New Orleans, pled guilty Wednesday to participating in a methamphetamine distribution conspiracy throughout the New Orleans area. Specifically, McALPIN pled guilty to conspiring to distribute and possess with intent to distribute 500 grams or more of a mixture of methamphetamine.
According to court documents, in 2016, codefendant STEVEN LYONS was a New Orleans-based drug trafficker who was receiving parcels of methamphetamine via common mail carriers. McALPIN would assist LYONS in distributing the quantities of methamphetamine in the New Orleans area.
LYONS pled guilty to conspiracy to distribute between 15 and 45 kilograms of methamphetamine and is scheduled to be sentenced on November 1, 2017.
For his role in the conspiracy, McALPIN faces a mandatory minimum sentence of 10 years in prison, a maximum life sentence, a fine of up to $10,000,000 and at least five years of supervised release. U.S. District Judge Ivan L.R. Lemelle set sentencing for McALPIN on January 24, 2018.
Acting U.S. Attorney Evans praised the work of the United States Postal Inspection Service, Louisiana State Police, Amtrak Police, and St. Bernard Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Brandon Long is in charge of the prosecution.
Navajo Man Sentenced to Life Imprisonment for Kidnapping, Sexually Assaulting and Murdering 11-Year-Old Navajo ChildRead the Press Release
ALBUQUERQUE – U.S. District Judge William P. “Chip” Johnson of the District of New Mexico sentenced Tom Begaye, Jr., 29, to a term of life imprisonment without the possibility of release for his conviction on murder, aggravated sexual abuse and kidnapping charges arising out of the abduction, rape and murder of an 11-year-old Navajo child on May 2, 2016.
President Russell Begaye of the Navajo Nation, Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI, and Director Jesse Delmar of the Navajo Nation Division of Public Safety made the announcement.
“The Nation has mourned the loss of our daughter Ashlynne Mike ever since learning of her horrific death. The sheer brutality of the crimes committed against this child were so deplorable that it was difficult to fathom justice in this matter,” said Navajo Nation President Russell Begaye. “Tom Begaye Jr., received life in prison today for kidnapping, raping, strangling and ultimately killing Ashlynne Mike. In hearing the details of these tragic crimes, we feel just as Ashlynne’s family and her home community feel: can justice truly be served in this case? No child deserves to die in this way and the Navajo Nation will continue to work to strengthen protections for all our children and tribal members.”
“Today’s hearing brings to a close the criminal case against Tom Begaye, Jr., and the sentence of life imprisonment holds him fully accountable for kidnapping, sexually assaulting and murdering Ashlynne Mike and for the trauma he inflicted on her brother. Although the prosecution is over, the pain and loss experienced by Ashlynne’s family and community will continue well into the future,” said Acting U.S. Attorney James D. Tierney. “I commend the FBI and the Navajo Nation Department of Public Safety for their extraordinary and tireless efforts during the investigation of Begaye’s heinous crimes. I also thank all the law enforcement partners who came together with the common goal of finding Begaye and bringing him to justice.”
“The man responsible for one of the worst tragedies to hit the Navajo Nation is going to prison for a long time,” said Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI. “The FBI and its tribal and other partners worked together to bring Ashlynne's killer to justice. Many people who never met Ashlynne joined to share their grief with her family, and we hope today's sentencing gives them some measure of solace.”
“This case was very unfortunate because of the age of the victim. The Navajo people cherish our little young ones, and so this case was so extreme and so shocking to us all. It was especially hard for the law enforcement personnel who had to deal with this case directly,” said Director Jesse Delmar of the Navajo Nation Division of Public Safety. “I thank the Navajo Nation law enforcement personnel, the FBI, the San Juan County Sheriff’s Office, and the U.S. Attorney’s Office for their work on this case and for bringing Justice to the victim and her family today. Today has been an emotional day for all of us as we continue to grieve the loss of our little one, our Ashlynn Mike.”
The FBI and Navajo Nation Division of Public Safety arrested Begaye, an enrolled member of the Navajo Nation from Waterflow, N.M., on May 4, 2016, on a criminal complaint charging Begaye with kidnapping, sexually abusing and murdering an 11-year-old Navajo child on May 2, 2016, on the Navajo Indian Reservation in San Juan County, N.M. On May 24, 2016, a federal grand jury returned an indictment charging Begaye with six offenses: first-degree murder, felony murder, kidnapping resulting in death, aggravated sexual abuse resulting in death (two counts), and kidnapping of a minor. According to the indictment, Begaye killed a female child under the age of 12 years by striking her with a tire iron, and caused her death while kidnapping and sexually assaulting her. The indictment also charged Begaye with kidnapping a second victim, a male child under the age of 18 years.
Begaye pled guilty on Aug. 1, 2017, to all six-counts of the indictment. In his plea agreement, Begaye admitted kidnapping the 11-year-old victim and her nine-year-old brother on May 2, 2016, by tricking the children into getting into his van by offering to drive them to their home. Instead, Begaye drove them to a location near the Shiprock Monument where he led the victim away from the van to an area beyond her brother’s field of view. Begaye sexually assaulted the victim before killing her by strangling her and repeatedly hitting her on the head and face with a tire iron. Begaye then returned to his van, directed the victim’s brother to get out of the van, and drove away, leaving the child behind.
The FBI and Navajo Nation Division of Public Safety investigated the case with assistance from the FBI Child Abduction Rapid Deployment Team, U.S. Marshals Service, New Mexico State Police, San Juan County Sheriff’s Office and the Farmington Police Department. Assistant U.S. Attorneys Niki Tapia-Brito and Jennifer M. Rozzoni prosecuted the case.
The U.S. Attorney’s Office prosecuted Begaye under its anti-violence initiative, which targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Mexican Citizen Sentenced for Immigration FraudRead the Press Release
ALBANY, NEW YORK – Rodolfo Calvo-Aguilar, age 53, and a citizen of Mexico, was sentenced today to time served (112 days in jail) for immigration fraud.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
As part of his guilty plea, Calvo-Aguilar admitted that he possessed a counterfeit alien registration receipt card (a/k/a green card) when Border Patrol Agents encountered him in Burke, New York, on July 1, 2017. Calvo-Aguilar also admitted that he is a citizen of Mexico, and that he was in the United States unlawfully.
Following his sentencing, Calvo-Aguilar was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by United States Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Admits Illegal Re-entry into United StatesRead the Press Release
ALBANY, NEW YORK – Jaime Marquez-Venancio, age 50, and a citizen of Mexico, pled guilty yesterday to illegal re-entry into the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
Marquez-Venancio was previously removed from the United States to Mexico on April 28, 2017 and again on May 4, 2017. On September 28, 2017, Marquez-Venancio illegally entered the United States from Canada by walking across the border near Mooers, New York. As Marquez-Venancio walked south away from the border, he was arrested by a Border Patrol Agent.
Marquez-Venancio faces up to 2 years in prison and a fine of up to $250,000 when he is sentenced by Senior United States District Judge Lawrence E. Kahn on February 15, 2018. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
This case was investigated by the United States Border Patrol and is being prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Members of Marijuana and Money Laundering Conspiracy SentencedRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announced that in federal court on October 18 and October 19, 2017, United States District Judge Terrence W. Boyle sentenced five members of a marijuana and money laundering organization to active prison sentences. Each of the defendants previously pleaded guilty to conspiracy to distribute and possess with the intent to distribute 100 kilograms or more of marijuana and conspiracy to launder monetary instruments.
ALEXANDER WRIGHT FERGUSON, 31 years of age, from Suffolk, V.A., was sentenced to 42 months in prison for each count, to run concurrently. FERGUSON will be on supervised release for 5 years upon his release from the Bureau of Prisons. Additionally, Judge Boyle entered an order of forfeiture directing FERGUSON to forfeit $250,000 representing the gross proceeds of his drug trafficking. FERGUSON paid $10,000 towards the amount owed at sentencing.
SAMUEL SETH SMITHWICK, 33 years of age, from Washington, N.C., was sentenced to 33 months in prison for each count, to run concurrently. SMITHWICK will be on supervised release for 3 years upon his release from the Bureau of Prisons. Additionally, Judge Boyle entered an order of forfeiture directing SMITHWICK to forfeit $36,270 seized upon SMITHWICK’S arrest.
MICHAEL THOMAS HAAS, 55 years of age, from Pinehurst, N.C., was sentenced to 20 months in prison for each count, to run concurrently. HAAS will be on supervised release for 3 years upon his release from the Bureau of Prisons. Additionally, Judge Boyle entered an order of forfeiture directing HAAS to forfeit $1,000,000 representing the gross proceeds of his drug trafficking. HAAS received a credit towards the amount owed for the $177,195.97 that was seized from his bank accounts upon his arrest.
BRYAN EDWARD BOUGH, 37 years of age, from Fernley, N.V., was sentenced to 18 months in prison for each count, to run concurrently. BOUGH will be on supervised release for 4 years upon his release from the Bureau of Prisons. Additionally, Judge Boyle entered an order of forfeiture directing BOUGH to forfeit $250,000 representing the gross proceeds of his drug trafficking.
GEORGE ZORIO, 58 years of age, from Roseville, C.A., was sentenced to 33 months in prison for each count, to run concurrently. ZORIO will be on supervised release for 4 years upon his release from the Bureau of Prisons. Additionally, Judge Boyle entered an order of forfeiture directing ZORIO to forfeit $250,000 representing the gross proceeds of his drug trafficking.
The investigation revealed the marijuana and money laundering conspiracy began no later than 2010 and continued until 2014. FERGUSON and SMITWICK had shipments of marijuana, supplied by BOUGH and ZORIO, sent from California and NEVADA to North Carolina and Virginia through the U.S. mail. Later during the conspiracy, four shipments totaling 375 pounds of marijuana were transported via private jets, rented by HAAS. FERGUSON and SMITHWICK reimbursed HAAS for the jet rentals, and paid HAAS a portion of the net proceeds of the marijuana sales. The marijuana was distributed to FERGUSON and SMITHWICK’S customers in North Carolina, Virginia, and Hawaii. The total amount of marijuana distributed during the conspiracy was in excess of 600 pounds. Drug proceeds in the amount of $1,834,098 were laundered through various bank accounts in amounts less than $10,000 to evade the federal transaction reporting requirement.
The investigation was conducted by several federal, state, and local law enforcement agencies, including the Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigation, North Carolina Alcohol Law Enforcement, the North Carolina State Bureau of Investigation, the Dare County Sheriff’s Office, and the Greenville Regional Drug Task Force.
The federal prosecution was handled by Special Assistant United States Attorney Glenn Perry. Mr. Perry is a prosecutor with the Pitt County District Attorney’s Office. Pitt County District Attorney Kimberly Robb has assigned Mr. Perry to the United States Attorney’s Office, pursuant to funding provided by the North Carolina Conference of District Attorneys, to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters.
Massachusetts Resident Sentenced for Traveling Interstate to Engage in Sex with a MinorRead the Press Release
PROVIDENCE – David H. Bentz, 46, of Norwell, MA, was sentenced today to 24 months in federal prison, having admitted to traveling to Rhode Island in July 2016 with the intent of engaging in illicit sexual conduct with a person he believed to be a minor female.
At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Bentz to serve 10 years supervised release upon completion of his term of incarceration. Bentz pleaded guilty on June 2, 2017, to traveling interstate for the purpose of engaging in illicit sexual conduct with a minor.
The U.S. Sentencing Guidelines range of imprisonment in this matter is 46-57 months. The government recommended the Court impose a sentence of 46 months in prison.
At the time of his guilty plea, Bentz admitted to the Court that on July 2, 2016, Bentz responded to an online posting and began a series of communications with a person he believed to be a 15-year-old female. The conversation then became sexually explicit. On July 6, 2016, Bentz arranged to meet with and engage in sexual activity with the 15-year-old.
When Bentz arrived at a pre-arranged location in Rhode Island, he was arrested by members of the Rhode State Police Internet Crimes Against Children Task Force.
Bentz’s sentence is announced by Acting United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations for New England.
The case was prosecuted by Assistant U.S. Attorney Richard B. Myrus.
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Man Sentenced to Prison for International Parental KidnappingRead the Press Release
ALEXANDRIA, Va. – A Maryland man was sentenced today to 21 months in prison for international parental kidnapping.
According to court documents, federal agents with the FBI and U.S. Customs and Border Protection (CBP) arrested Faical Chebbi, 45, of Accokeek, on June 14 after he landed at Dulles International Airport. In November 2011, Chebbi removed his two children, then ages 2 and 5, from the United States and took them to Tunisia in violation of the parental rights of the mother.
According to the FBI, as a result of Chebbi’s return to the United States, both children have been reunited with their mother as ordered by the court. In addition to his prison sentence, Chebbi was also ordered to pay $119,807 in restitution.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Casey Owen Durst, Director of CBP’s Baltimore Field Office, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Patricia Haynes prosecuted the case.
The U.S. Department of State and the United States embassy in Tunisia provided assistance with this matter.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:11-cr-140.
Man Accused of Sending Threats to South Burlington High School Students and Faculty Pleads Guilty to Pending IndictmentRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Josiah Leach, 19, of South Burlington, Vermont, appeared today before the Honorable Geoffrey W. Crawford and entered a plea of guilty to a one-count indictment charging him with transmitting threats in interstate commerce.
Leach was arrested after law enforcement identified him as the source of multiple threats against students and faculty at South Burlington High School between April 18, 2017 and April 21, 2017, which resulted in repeated lockdowns at South Burlington school facilities and the closure of all South Burlington schools one day before the students’ spring break. He was released on pretrial conditions on April 27, 2017.
On May 26, 2017, Leach was arrested for violating his release conditions, including by using social media to create a fake confession implicating another student in the crime with which he was charged. Leach remained detained until May 30, 2017. He was released with new conditions prohibiting him from using any device with internet access. In total, Leach served ten days in prison.
Leach’s felony guilty plea came pursuant to a previously filed agreement with the government. In the agreement, Leach acknowledged his responsibility for all of the April 2017 threats to South Burlington High School, and agreed with the government to recommend a five-year probationary sentence at the time of sentencing. Under the terms of the deal, however, the Court retains discretion over the ultimate sentence in the case. Sentencing is scheduled for Tuesday, February 20, 2018, in Rutland, Vermont.
Leach was released on continuing pre-trial supervision following the change of plea hearing. His release conditions include obtaining treatment for mental health and substance abuse issues as directed by the U.S. Probation Office, avoiding contact with members of the South Burlington High School community, and not trespassing within 500 feet of the South Burlington Middle and High School complex on Dorset Street.
Acting U.S. Attorney Eugenia A. P. Cowles commended the Federal Bureau of Investigation, the South Burlington Police, and the Vermont State Police for their rapid response to, and thorough investigation of, this matter. Ms. Cowles noted that the proposed five-year term of probation recognized both Leach’s relative youth and the callous, repeated nature of his threats to his fellow students. “While we hope the case marks a turning point for Mr. Leach, his behavior deserves the serious sanctions of a federal felony conviction and an extended period of rigorous supervision. No student, no school, and no community should have to face the fear Mr. Leach inflicted on South Burlington.”
“Making anonymous threats online is not a harmless prank,” said FBI Special Agent in Charge Vadim D. Thomas. “Mr. Leach’s conduct violated the community’s sense of safety and diverted valuable law enforcement resources. The FBI and our law enforcement partners hope that today’s plea will serve as a warning to others who contemplate similar criminal conduct.”
The U.S. Attorney’s Office encourages members of the South Burlington High School community who were impacted by Leach’s conduct to contact the U.S. Attorney’s Office’s Victim Specialist Aimee Stearns ([email protected]) regarding available victim support services and opportunities to submit impact statements before the February 20, 2018 sentencing.
Leach is represented by Assistant Federal Public Defender Elizabeth Quinn. AUSA Michael Drescher represents the United States.
MS-13 Member Pleads Guilty to RICO Conspiracy Involving Murder & Attempted MurderRead the Press Release
BOSTON – An MS-13 member pleaded guilty yesterday in federal court in Boston to racketeering conspiracy involving murder, attempted murder and conspiracy to commit murder.
Bryan Galicia Barillas, a/k/a “Chucky,” 20, a Guatemalan national who resided in Chelsea, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Jan. 12, 2018.
On Oct. 18, 2014, Galicia Barillas, a member of MS-13’s Enfermos Criminales Salvatrucha (ECS) clique in Chelsea, and another alleged MS-13 co-conspirator encountered a group of individuals suspected of belonging to a rival gang. The co-conspirator, who was allegedly armed with a weapon that Galicia Barillas provided to him, shot at one of the gang rivals and missed, killing an innocent bystander who was looking out a nearby window of a room she shared with her three children.
Galicia Barillas, a juvenile at the time of the murder, acknowledged that he provided the gun to the co-conspirator before the shooting and was present during the shooting. The co-conspirator previously pleaded not guilty and is scheduled to go to trial on Nov. 6, 2017.
Galicia Barillas also accepted responsibility for his role in the following: an April 2015 conspiracy to kill a MS-13 member that the gang believed was cooperating with law enforcement authorities; a May 26, 2015 stabbing and attempted murder of a rival gang member in Chelsea in which the victim survived the attack; and a September 8, 2014 stabbing and attempted murder of an individual in Chelsea.
After a three-year investigation, Galicia Barillas was one of 61 persons named in a superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. According to court documents, MS-13 was identified as a violent transnational criminal organization whose branches or “cliques” operate throughout the United States, including in Massachusetts. MS-13 members are required to commit acts of violence to maintain membership and discipline within the group. Specifically, MS-13 members are required to attack and murder gang rivals whenever possible.
Galicia Barillas is the 20th defendant to plead guilty in this case.
If the Court accepts the terms of the plea agreement at the time of sentencing, Galicia Barillas will be sentenced to 22 years in prison. Galicia Barillas will also be subject to deportation upon the completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Commissioner Thomas Turco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief Joseph Cafarelli; and Somerville Police Chief David Fallon made the announcement.
The details contained in the charging documents are allegations. All remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lockport Woman Pleads Guilty to Drug ChargesRead 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 Colette Arne, 66, of Lockport, NY, pleaded guilty to possession with intent to distribute, and distribution of oxymorphone, a Schedule II controlled substance before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that between January, 2012 and January 6, 2014, the defendant sold oxymorphone to a confidential source working with law enforcement officers on two separate occasions at the defendant’s Applewood Drive residence. Following the second sale, Arne’s residence was searched with her consent. Officers recovered $20,200 in cash and empty prescription pill bottles. The prescriptions were issued to the defendant and her now-deceased husband.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division
Sentencing is scheduled for January 25, 2018, at 9:00 a.m. before Judge Skretny.
Little Rock Owner of Chicot Game Room Pleads Guilty to Tax Evasion and Operating an Illegal Gambling BusinessRead the Press Release
LITTLE ROCK—Cody Hiland, United States Attorney for the Eastern District of Arkansas, and Tracey D. Montaño, Special Agent in Charge, Internal Revenue Service—Criminal Investigation (IRS-CI), announced today that Allan Siebert, 75, of Little Rock, agreed to waive indictment and pleaded guilty to a two-count federal information charging him with tax evasion and operating an illegal gambling business.
Today’s plea hearing took place before United States District Judge J. Leon Holmes, who will sentence Siebert at a later date. As part of a plea agreement with the United States, Seibert will pay $331,821 in restitution to the IRS. In addition, Seibert will forfeit two pieces of real property and more than $1 million representing the proceeds of the illegal gambling operation.
"For nearly a decade this defendant broke the law, but today his illegal conduct caught up with him," Hiland said. "Mr. Seibert not only defrauded the United States, he also exploited the hundreds of people he took money from over the years with his illegal gaming machines. This case should send a message to the Eastern District of Arkansas that our office will not tolerate this type of behavior."
From at least August 2007 to May 2017, Siebert owned and operated the Chicot Game Room, an illegal gambling business. This business used various gaming devices that were illegal under the laws of Arkansas.
Between January 2012 and October 2016, Siebert evaded paying $331,821 in federal income tax that he owed by withholding cash from his business deposits, funneling business receipts into his personal properties, and causing his accountant to prepare false U.S. Individual Income Tax Returns for tax years 2012, 2013, 2014 and 2015.
"No matter the source of income, all income is taxable, including illegal gambling proceeds," Montaño said. "Everyone has a responsibility to file correct and accurate tax returns. The prosecution of individuals who intentionally conceal income and evade taxes is a vital element of the IRS Criminal Investigation’s enforcement strategy. We will vigorously investigate those individuals who knowingly and willfully evade their tax obligation."
"The Little Rock Police Department has had a long-standing relationship with our federal partners," Little Rock Assistant Chief Wayne Bewley said. "We entered into a partnership with the IRS recently. We look forward to continuing this relationship and continued success as we fight a variety of crimes within Little Rock."
The maximum penalties for tax evasion are not more than five years’ imprisonment, a $100,000 fine, and three years’ of supervised release. The penalty for conducting an illegal gambling business is not more than five years’ imprisonment, a $250,000 fine, and three years’ of supervised release.
This case was investigated by the IRS—CI and the Little Rock Police Department. Assistant United States Attorney Cameron McCree prosecuted the case for the United States.
Lincoln Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on October 20, 2017, Kenneth Mooren, 35, of Lincoln, was sentenced to 10 years (120 months) in prison for conspiracy to distribute methamphetamine. Following the prison term, Mooren will serve five years on supervised release.
Information provided to law enforcement indicated that Mooren was responsible for the distribution of at least 1.5 kilograms (approximately three pounds) of methamphetamine in the Lincoln area between January 1, 2015, and April 1, 2016. On February 29, 2016, a search warrant was executed at Mooren’s Lincoln residence. During the search, officers found 160 grams (approximately 5 ¾ ounces) of pure methamphetamine, over $1000 in cash, and records of drug transactions.
This case was investigated by the Lincoln/Lancaster County Drug Task Force.
Lebanon Man Pleads Guilty to Multiple Counts of Production of Child PornographyRead the Press Release
David Hamilton Soderbom, 49, of Lebanon, Tennessee, pleaded guilty in U.S. District Court today to five violations of federal child pornography laws; specifically three counts of production of child pornography, one count of receipt of child pornography and one count of possession of child pornography, announced Donald Q. Cochran, United States Attorney for the Middle District of Tennessee.
According to the indictment and statements made during the plea hearing, the FBI executed a search warrant on Soderbom’s residence in September 2015 in response to Soderbom’s on-line activities on a child pornography website. The FBI located thousands of images and videos of child pornography on Soderbom’s computers and electronic storage devices.
Upon further analysis of the child pornography located in Soderbom’s home, the FBI determined that Soderbom had created multiple pornographic images of a minor. The victim was under the age of 12 at the time Soderbom created the images.
Soderbom faces up to 120 years in prison and over a $1 million fine. United States District Judge Aleta Trauger ordered that Soderbom be immediately taken into custody and held until sentencing on March 9, 2018. His sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and applicable federal statutes.
This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Henry C. Leventis is prosecuting the case.
Justice Department Invests $3.42 Million in Fight Against Elder Abuse and Financial ExploitationRead the Press Release
WASHINGTON – The U.S. Department of Justice today announced more than $3.42 million in funding to respond to elder abuse and victims of financial crimes throughout the United States. The awards will better protect older Americans by improving identification of elder abuse and strengthening the response to victims through innovative technology, closer interagency collaboration and enhanced legal services, among other approaches.
“Every American has the right to be safe,” said Attorney General Jeff Sessions. “Criminals who target and exploit our seniors are cowards, and their crimes are especially shameful because they prey upon the vulnerable. This Department of Justice will not accept these crimes in our society, and we are taking action to help investigate, punish, and deter crimes against our seniors with this $3.42 million investment.”
Nationally representative studies find that nearly 10 percent of older Americans have experienced some form of elder abuse. Elder abuse not only leads to a diminished quality of life, but has been shown to hasten mortality.
“Far too often, older Americans suffer from elder abuse, including crimes of financial exploitation,” said Office for Victims of Crime Director Darlene Hutchinson. “OVC is committed to supporting innovative solutions and responses to these terrible crimes perpetrated against this vulnerable and treasured population. This critical initiative should enhance the provision of services and support to victims of elder abuse and ensure that they receive the rights, services and responses they deserve.”
Funding was made by OVC in close collaboration with the Justice Department’s Elder Justice Initiative. Grants under OVC’s Field Generated Innovations in Addressing Elder Abuse and Financial Exploitation program were awarded to eight organizations around the country:
- Futures Without Violence - STAGES: Strategies and Training to Advance Greater Elder Safety (CA); approximately $500,000 to educate teams of justice and community professionals about financial exploitation and elder abuse and create a shared, grassroots justice system-community vision for elder justice.
- American Bar Association Fund for Justice - Enhancing and Evaluating Capacity of Elder Abuse Fatality Review Teams to Improve Victim Services (DC); approximately $235,000 to build on the foundational Elder Abuse Fatality Review Teams model with the goal of enhancing and evaluating the capacity of these teams to improve the delivery of victim and ancillary services.
- Northwestern University - Combating Elder Abuse and Financial Exploitation Through Technology/DASHBOARD (IL); approximately $500,000 to develop an interoperable and integrated dashboard to share data, risk factors and resources for elder abuse victims.
- Elder Law of Michigan Inc. - Innovation Framework for National Referral System Effective Referrals at the Community Level with Person-Enhanced Technology (MI); approximately $500,000 to develop a framework for a national referral system based on a community-level referral model used in Michigan for victimized and vulnerable older adults, along with research and evaluation.
- Lifespan of Greater Rochester Inc. - Elder Justice Advocates: Improving Outcomes for Elder Abuse Victims in New York State’s Criminal Justice System (NY); approximately $352,000 to recruit at least 50 elder justice advocates from victim advocates and victim assistance staff in district attorney offices, law enforcement units and domestic violence programs in at least 10 regions or counties across New York State.
- Pro Bono Net, Inc. - Pro Bono Net’s LawHelp Interactive/Risk Detector Elder Justice Initiative (NY); approximately $496,000 to create online tools that enable innovative partnership and outreach models to comprehensively identify, respond to and remedy elder abuse and financial exploitation.
- Utah Legal Services, Inc. - Innovative Remedies to Reduce Elder Abuse and Financial Exploitation (UT); approximately $346,000 to educate the public on barriers to reporting by sharing victims’ experiences and challenges in culturally appropriate video and podcast programs in Navajo, Spanish and English; develop and implement tailored legal intervention for high risk individuals; and develop a training protocol in order to improve referrals.
- End Domestic Abuse Wisconsin - National Clearinghouse on Abuse in Later Life (NCALL)/ Lifting Up the Voices of Older Survivors Video Project (WI); approximately $485,000 to create a collection of video clips of older survivors describing their experiences and insights regarding effective interventions, such as support groups and transitional housing.
“OVC is committed to building the capacity of professionals to respond vigorously and skillfully to crimes against older Americans,” said Hutchinson. “The Department of Justice, through its Elder Justice Initiative, which includes the work of many Department components, is working on multiple fronts to protect older Americans from elder abuse, financial exploitation and fraud. Together, we are increasing the physical and financial safety of America’s older adults.”
The Office of Justice Programs, headed by Acting Assistant Attorney General Alan R. Hanson, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking. More information about OJP and its components can be found at www.ojp.gov.Jury Convicts Man of Retaliation Against Federal OfficerRead the Press Release
RICHMOND, Va. – A federal jury convicted a Chester man late yesterday of retaliating against a federal agent by false claim, and bankruptcy fraud.
According to court records and evidence presented at trial, Shapat Nabaya, aka Norman Abbott, 60, filed numerous civil lawsuits and a false mechanic’s lien against an IRS revenue officer in retaliation for the officer filing a lien on Nabaya’s pension after Nabaya had failed to pay his federal taxes for several years. Nabaya also filed a false involuntary bankruptcy petition against the same revenue officer in the U.S. Bankruptcy Court for the Eastern District of Virginia.
Nabaya faces a maximum penalty of 15 years in prison when sentenced on Jan. 19, 2018. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Kimberly Lappin, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), made the announcement after U.S. District Judge M. Hannah Lauck accepted the verdict. Assistant U.S. Attorneys Gabrielle Michalak and Jessica D. Aber are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-03.
Jamaican National Sentenced to over 5 Years in Prison for Transporting and Possessing Child PornographyRead the Press Release
Orlando, Florida –United States District Court Judge Carlos E. Mendoza yesterday sentenced Anthony Carl Spence (45, Jamaica) to five years and eight months in federal prison for transporting and possessing child pornography. He was found guilty by a federal jury on July 26, 2017. Spence was indicted on March 8, 2017.
According to testimony and evidence presented at trial, Spence arrived at the Orlando International Airport from Jamaica on February 6, 2017, with a smartphone. After a routine border search of the smartphone, law enforcement located a video that depicted an adult male sexually abusing a toddler. Later, officers located a second video depicting a young child engaged in sexually explicit conduct. During an interview with law enforcement, Spence admitted that he had shared the videos with multiple people in Jamaica, but claimed that he thought he had deleted the videos before coming to the United States.
"This predator was discovered as he entered our country," said HSI Tampa Special Agent in Charge James C. Spero. "HSI special agents and our U.S. Customs and Border Protection partners will continue to use our border search authorities to keep our citizens safe."
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and U.S. Customs and Border Protection. It was prosecuted by Assistant United States Attorney Shawn P. Napier.
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 United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), 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.justice.gov/psc.
Jacksonville Toxicology Laboratory Agrees to Fine, Plus Permanent Exclusion from Participating in Federal Healthcare ProgramsRead the Press Release
Jacksonville, FL – Acting United States Attorney W. Stephen Muldrow announces today that Total Lab Care, LLC, a toxicology laboratory based in Jacksonville, Florida, has agreed to pay the government $212,500 to resolve allegations that it violated the False Claims Act. In addition, the company agreed not to participate in any federal healthcare programs in the future.
According to the settlement agreement, Total Lab Care, LLC sought reimbursements for urine toxicology samples that were referred from Dr. Nikhil Nihalani. The United States contends these toxicology samples were the product of improper financial remuneration and, as such, the claims were tainted under the Anti-Kickback Statute. The United States contends that Total Lab Care improperly paid a physician for the referral of toxicology samples – samples that are usually tested for drug diversion potential.
This settlement reflects the government’s commitment to investigating toxicology laboratories for improper and unnecessary services. Earlier last year, the United States Attorney’s Office reached a $7.4 million False Claims Act settlement with another local toxicology laboratory. Toxicology laboratory tests are one of the fastest growing healthcare expenditures.
“Illegal arrangements in order to boost profits at the expense of the taxpayers will not be tolerated,” said Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services, Office of Inspector General. “This settlement reflects the resolve of the OIG and our partners to ensure accountability in every corner of the health care industry.”
This matter was investigated by the U.S. Department of Health and Human Services, the Federal Bureau of Investigation, the Defense Criminal Investigative Service, and the Medicaid Fraud Control Unit. It was handled by Assistant United States Attorneys Shea Gibbons and Jason Mehta.
The claims resolved by this settlement are allegations only, and there has been no determination of liability.
Iowa City Man Sentenced to 135 Months in Prison for Felon in Possession of a Firearm and Possession of Cocaine Base with Intent to DistributeRead the Press Release
DAVENPORT, Iowa – On October 19, 2017, Chief United States District Court Judge John A. Jarvey sentenced Lorenzo Jones, age 32, of Iowa City, Iowa, to 135 months in prison for felon in possession of a firearm and possession of cocaine base with the intent to distribute, announced United States Attorney Marc Krickbaum. Jones was also ordered to serve three years of supervised release following his imprisonment and pay $200 to the Crime Victims’ Fund. The firearm involved in the offense was forfeited.
On January 7, 2017, a traffic stop was conducted in Iowa City. As a result of the stop, Jones was found in possession a stolen, loaded Diamondback .380 semi-automatic handgun and 10 baggies of cocaine base that he intended to distribute.
Jones has at least two prior felony convictions.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Davenport Police Department. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
-END-
Learn more about this release by calling Kevin E. VanderSchel at 515-473-9300, or by emailing him at [email protected] (link sends e-mail).
Investiture Ceremony for D. Michael Dunavant as United States Attorney for the Western District of TennesseeRead the Press Release
MEDIA ADVISORY
WHAT: Investiture Ceremony for D. Michael Dunavant as United States Attorney for the Western District of Tennessee
DATE: Friday, October 20, 2017
TIME: 11:00 a.m.
WHERE: City Hall Council Chambers
125 North Main Street
Memphis, TN 38103
NOTE: All media members must present government-issued photo I.D. (such as driver’s license), as well as valid media credentials.
Media are requested to RSVP to [email protected].
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Cavan in Billings on October 18, 2017 and entering pleas of Not Guilty were:
- RODNEY TOMMIE STEWART, a 31-year-old resident of Crow Agency, appeared on charges of domestic assault by a habitual offender. If convicted of the charge contained in the indictment, VANCE faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 14-20
Appearing before U.S. Magistrate Cavan in Billings on October 16, 2017 and entering pleas of Not Guilty were:
- VERONICA RAYE VANCE, a 24-year-old resident of Billings, appeared on charges of possession with intent to distribute methamphetamine. If convicted of the charge contained in the indictment, VANCE faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 16-83
Appearing before U.S. Magistrate Cavan in Billings on October 10, 2017 and entering pleas of Not Guilty were:
- TERRI RAYE BIXBY, a 46-year-old resident of Colstrip, appeared on charges of conspiracy to distribute methamphetamine, and distribution of methamphetamine. If convicted of the charge contained in the indictment, BIXBY faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 17-70
Appearing before U.S. Magistrate Johnston in Great Falls on October 10, 2017 and entering pleas of Not Guilty were:
- BRIAN RUSSELL BLACKWELL, a 43-year-old resident of Helena, appeared on charges of failure to register. If convicted of the charge contained in the indictment, BLACKWELL faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 17-13
- BRADLEY THORPE THOMPSON, a 32-year-old resident of Great Falls, appeared on charges of escape. If convicted of the charge contained in the indictment, THOMPSON faces 5 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the United States Marshals Service. PACER Case Reference. 17-70
Appearing before U.S. Magistrate Cavan in Billings on October 5, 2017 and entering pleas of Not Guilty were:
- SHANE MICHAEL COURTNEY, a 49-year-old resident of Anaconda, appeared on charges of receipt/distribution of child pornography, and possession of child pornography. If convicted of the most serious charges contained in the indictment, COURTNEY faces 20 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation, Homeland Security Investigations, and the Internet Crimes Against Children Task Force. PACER Case Reference. 17-18
Appearing before U.S. Magistrate Cavan in Billings on October 4, 2017 and entering pleas of Not Guilty were:
- MATTHEW THOMAS JORDAN, a 40-year-old resident of Harlowton, appeared on charges of possession of an unregistered firearm. If convicted of the charge contained in the indictment, JORDAN faces 10 years in prison, $10,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-103
Appearing before U.S. Magistrate Cavan in Billings on October 3, 2017 and entering pleas of Not Guilty were:
- JEREMY JAMES McCUNE, a 42-year-old resident of Shepherd, appeared on charges of wire fraud. If convicted of the most serious charges contained in the indictment, McCUNE faces 20 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 17-105
Appearing before U.S. Magistrate Cavan in Billings on October 2, 2017 and entering pleas of Not Guilty were:
- TIFFANEY ANN BOLAND, a 51-year-old resident of Sidney, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, BOLAND faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the State of Montana Division of Criminal Investigations. PACER Case Reference. 17-100
- ANTHONY CORDELL COUTURE, a 48-year-old resident of Sidney, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, COUTURE faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the State of Montana Division of Criminal Investigations. PACER Case Reference. 17-100
- TODD MICHAEL HARRIS, SR., a 52-year-old resident of Billings, appeared on charges of conspiracy to distribute and to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, HARRIS faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 17-102
- JULIUS ANDREW KOCH, a 35-year-old resident of Billings, appeared on charges of felon in possession of firearm and ammunition, and possession of a stolen firearm. If convicted of the most serious charge contained in the indictment, KOCH faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-104
- YOLANDA MARIE MEZA, a 30-year-old, residency unknown, appeared on charges of distribution of methamphetamine. If convicted of the most serious charge contained in the indictment, MEZA faces 40 years in prison, $5,000,000 in fines and 4 years supervised release. The case was investigated by the Eastern Montana HIDTA. PACER Case Reference. 17-106
- BOBBY PAYNE, a 45-year-old resident of Sidney, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, PAYNE faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the State of Montana Division of Criminal Investigations. PACER Case Reference. 17-100
Appearing before U.S. Magistrate Cavan in Billings on September 27, 2017 and entering pleas of Not Guilty were:
- ERIC WAYDE MITCHELL, a 22-year-old resident of Baker, appeared on charges of possession of a firearm not registered in the National Firearms Registration and Transfer Record, and prohibited person in possession of a firearm. If convicted of the most serious charge contained in the indictment, MITCHELL faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-107
Appearing before U.S. Magistrate Johnston in Great Falls on September 27, 2017 and entering pleas of Not Guilty were:
- BEN COLE BUCKLES, SR., a 49-year-old resident of Wolf Point, appeared on charges of sexual abuse of a minor. If convicted of the charge contained in the indictment, BUCKLES faces 15 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 17-66
Appearing before U.S. Magistrate Lynch in Missoula on September 26, 2017 and entering pleas of Not Guilty were:
- ALICIA ROSE ROONEY, a 42-year-old resident of Boise, Idaho, appeared on charges of embezzlement and theft of labor union assets, and embezzlement and theft from employee benefit plan. If convicted of the most serious charge contained in the indictment, ROONEY faces 5 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Department of Labor Office of Inspector General. PACER Case Reference. 17-26
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Hudson County Man Convicted of Production and Possession of Child PornographyRead the Press Release
NEWARK, N.J. – A Bayonne, New Jersey, man was convicted at trial today on charges of producing and possessing images and videos of child sexual abuse, Acting U.S. Attorney William E. Fitzpatrick announced.
Gregory John Schaffer, 38, was found guilty on all three counts of an indictment charging him with two counts of production of child pornography and one count of possession of child pornography. He was convicted following a three-day trial before U.S. District Judge Jose L. Linares in Newark federal court. The jury deliberated one and a half hours before returning its verdict.
According to documents filed in the case and the evidence at trial:
In 2010, Schaffer sexually abused a 12-year-old girl in a tow-truck office in Union City, New Jersey, and video recorded the abuse without her knowledge. He later stored the video recording on a laptop computer found by law enforcement in his office in Jersey City, New Jersey. Schaffer also backed-up the video recording to another electronic storage device found in his office.
Around the same time, Schaffer also sexually abused a 14-year-old girl in a hotel room and video recorded the abuse without her knowledge. Schaffer again stored the video recording on the same laptop computer and electronic storage device that law enforcement found in his office.
Law enforcement also found additional sexually explicit videos and images of minors on Schaffer’s laptop computer and electronic storage device.
The production of child pornography charge carries a mandatory minimum penalty of 15 years in prison and a $250,000 fine. The possession of child pornography charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Acting U.S. Attorney Fitzpatrick credited special agents of the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), New York Field Office under the direction of Special Agent in Charge Angel M. Melendez; special agents of the U.S. Secret Service, under the direction of Special Agent in Charge David E. Beach, New York Field Office; and the Hudson County Prosecutor’s Office, under the direction of Prosecutor Esther Suarez, with the investigation leading to today’s guilty verdict.
The government is represented by Assistant U.S. Attorneys Jason S. Gould and Meredith Williams of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Thomas Ambrosio Esq., of Lyndhurst, New Jersey
Honolulu Husband and Wife Sentenced to 24 Months in Prison for Filing False Tax ReturnsRead the Press Release
HONOLULU – United States District Court Judge Leslie E. Kobayashi sentenced Lorraine Yamauchi, age 70, and Jiitsu Yamauchi, age 63, of Honolulu, each to 24 months in prison yesterday for filing a false tax return in violation of Title 26, United States Code, Section 7206(1). The Yamauchis pled guilty to the offense on June 23, 2017.
Elliot Enoki, Acting United States Attorney for the District of Hawaii, said that according to documents filed in this case and information made public during the sentencing hearing, the Yamauchis operated an Oahu-based church. Jiitsu Yamauchi served as the church’s bishop and Lorraine Yamauchi served as the church’s bookkeeper. The Yamauchis accepted millions of dollars in donations from church members and used a large portion of those donations for their own personal benefit. When filing their tax returns for tax years 2008 through 2014, the Yamauchis failed to include approximately $2.3 million of church-related income. Pursuant to the terms of their plea agreement, the Yamauchis have already paid restitution to the Internal Revenue Service (IRS) in the amount of $621,986.
At sentencing, Judge Kobayashi commented that the Yamauchis abused a position of trust to steal from the members of their church. Judge Kobayashi also noted that the Yamauchis used church donations to support their own personal lifestyle, which included buying 25 luxury vehicles and a 4.2 carat diamond ring. In addition to sentencing both Lorraine and Jiitsu Yamauchi to 24 months in prison, Judge Kobayashi also sentenced each of them to a 12-month term of supervised release.
Acting United States Attorney Enoki stated, "This office will vigorously prosecute fraud and tax crimes where defendants exploit the public’s well-intended desire to be charitable." IRS-Criminal Investigation Special Agent in Charge Darrell J. Waldon said that "IRS – Criminal Investigation is committed to investigating individuals who use charities as their own personal piggy banks. We are pleased that the Yamauchis will be held accountable for using donations for their own personal gain."
The case was the result of a lengthy investigation conducted by IRS-Criminal Investigation. The case was prosecuted by Assistant U.S. Attorney Michael Nammar.
Honduran National Pleads Guilty to Immigration OffenseRead the Press Release
Acting United States Attorney Duane A. Evans announced that ALLAN ROSALES-BENITEZ, age 32, a native of Honduras, pled guilty yesterday to a one-count Indictment for illegal entry of a removed alien.
According to court documents, ROSALES, was previously removed from the United States on July 11, 2012. He was later found in the Eastern District of Louisiana on May 27, 2017 and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
ROSALES faces a maximum term of imprisonment of two years, as well as a fine of $250,000. United States District Court Judge Lance M. Africk set sentencing for November 30, 2017.
Acting U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Heavily Armed South Sound Drug Dealer Sentenced to 11 Years in PrisonRead the Press Release
A south sound resident with four drug stash houses in Tacoma, Auburn and Federal Way, Washington was sentenced today in U.S. District Court in Tacoma to eleven years in prison and five years of supervised release, announced U.S. Attorney Annette L. Hayes. GEORGE EDWARD HERNANDEZ, JR, 33, was charged federally in November 2015, following court authorized searches of HERNANDEZ’ residences and vehicles. U.S. District Judge Robert J. Bryan imposed the sentence.
“We have seen time and again the destruction that drugs and guns bring to our communities, said U.S. Attorney Annette L. Hayes. “As dealers use lethal force to protect their illegal businesses, they destroy the sense of safety in our neighborhoods. We will continue to work with our law enforcement partners to investigate and prosecute these types of cases to ensure violent criminals like this one are taken off our streets for as long as possible.”
On January 10, 2017, HERNANDEZ pleaded guilty to possession of controlled substances with intent to distribute, and possession of a firearm in furtherance of a drug trafficking crime.
HERNANDEZ came to the attention of law enforcement in 2015, shortly before a person working with law enforcement set up a deal with one of HERNANDEZ’ drug couriers. Law enforcement was able to trace the various houses where HERNANDEZ kept his drugs, and in August 2015, executed search warrants. At his Tacoma residence they found more than a kilo of methamphetamine, a kilo of heroin and some cocaine, as well as a Glock.40 caliber semi-automatic pistol. At one Auburn house, they found four kilos of heroin, three kilos of cocaine, three kilos of methamphetamine and an AK-47. At the other Auburn home, they found two rifles and in HERNANDEZ’s car parked outside they found a loaded semi-automatic pistol. Finally, at a Federal Way residence, they found two semi-automatic pistols. In his plea agreement, HERNANDEZ admits he had the weapons to protect his drug dealing. The searches also turned up $53,332 in cash from the drug dealing.
HERNANDEZ has 18 prior convictions and is prohibited from possessing firearms.
The case was investigated by the Drug Enforcement Administration and the Tacoma Police Department. The case was prosecuted by Assistant United States Attorneys Michael Dion and Siddharth Velamoor.
Georgia Man Pleads Guilty to Defrauding Staples Inc.Read the Press Release
BOSTON – A Georgia man pleaded guilty today in federal court in Boston in connection with a scheme to defraud Framingham-based Staples Inc. of more than $1.4 million.
Layne Michael Gosnell, 46, pleaded guilty to one count of conspiracy to commit wire fraud and mail fraud. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Jan. 10, 2018.
Gosnell previously pleaded guilty on Sept. 26, 2017, but the Court conducted a second plea hearing today, due to the fact that immediately after the first plea hearing it was determined that Gosnell tested positive for alcohol above the legal limit in Massachusetts.
Gosnell and co-conspirator John Douglas, among others, engaged in a complex scheme to defraud Staples of more than $1.4 million worth of customer loyalty rewards and product rebates by creating more than 1,100 Staples rewards accounts, often using fictitious names, addresses and contact information. Douglas created a computer script to query a Staples website and seek unclaimed customer loyalty rewards for purchases that neither he nor Gosnell made. The computer script made thousands of queries a day, amassing more than $889,000 worth of rewards in small increments, often less than one dollar at a time. Gosnell and Douglas then used the rewards like cash to buy merchandise at Staples retail locations throughout the southern United States and along the eastern seaboard, as far north as Massachusetts. Gosnell sold his share of the fraudulently obtained Staples merchandise on eBay.
Gosnell and Douglas used a similar method to claim more than $527,000 in cash rebates from Staples for products that they did not purchase.
Staples discovered the fraud and referred the matter to federal authorities.
Douglas was sentenced on Sept. 6, 2017 to 30 months in prison and ordered to pay $691,327 in restitution and $553,061 in forfeiture.
The charge of conspiracy to commit wire and mail fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000, or twice the gross gain or loss from the offense, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney David J. D’Addio of Weinreb’s Cybercrime Unit is prosecuting the case.
Fourth Defendant Pleads Guilty in Mortgage Fraud ConspiracyRead 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 Tina Brown, 42, of Bronx, NY, pleaded guilty to conspiracy to commit wire and mail fraud affecting a financial institution, before U.S. District Judge Frank P. Geraci, Jr. The charges carry a maximum penalty of 30 years in prison and a $1,000,000 fine.
Assistant U.S. Attorneys Elizabeth Moellering and Kathleen A. Lynch, who are handling the case, stated that between about June 2008 and February 2009, the defendant conspired with others to devise a scheme to commit mortgage fraud and obtain eight loans for unqualified borrowers for homes in the Bronx.
As part of the scheme, Brown used a relative to purchase a property located at 4087 Edson Avenue in the Bronx. The defendant falsely verified that the purchaser worked for her own company in order to fraudulently inflate the purchaser’s income so that she would qualify for a mortgage for that property. Brown knew that these false loan documents were submitted to The Funding Source, a mortgage bank, in order to secure a loan insured by the Federal Housing Administration. Based on that false application and supporting documentation, the loan was approved. The Funding Source sold the loan on the secondary market to M &T Bank, which wired funds from New York through the State of Ohio to purchase the loan.
The defendant and her co-conspirators arranged for additional fraudulent loans to be approved. These fraudulent transactions caused losses of approximately $1,752,994 affecting M&T Bank and other financial institutions including SunTrust Bank and Citibank.
Co-defendants Gregory Gibbons, a mortgage broker, Alagi Samba, a realtor, and Daniel Badu, have also been convicted on similar charges.
The plea is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski, Boston Division, the Department of Housing and Urban Development, under the direction of Special Agent in Charge Brad Geary, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.Sentencing is scheduled for January 16, 2018, at 1:30 p.m. before Judge Frank P. Geraci.
Former Principals of Vehicle Financing Company Sentenced for Fraud ChargesRead the Press Release
BOSTON – The founders and principals of Inofin Inc., a shuttered motor vehicle finance company based in Rockland, Mass., were sentenced today on fraud charges in connection with soliciting investments that resulted in losses of over $11 million to investors.
Michael J. Cuomo, 55, of Plymouth, and Kevin J. Mann Sr, 67, of Marshfield, were sentenced by U.S. District Court Judge Indira Talwani to 48 months in prison and 42 months in prison, respectively, and three years of supervised release. In May 2017, they pleaded guilty to one count of conspiracy to commit mail and wire fraud, three counts of mail fraud, and one count of wire fraud.
From 1994 through February 2011, Cuomo and Mann owned and operated Inofin, which funded loans to used car buyers who could not qualify for traditional financing. In order to fund Inofin’s operations, Cuomo and Mann raised capital by securing investments from dozens of individuals. They falsely represented that the investors could rollover money held in retirement plans to Inofin, and that Inofin, as an authorized custodian of retirement money, would invest and then return the principle with interest. In fact, at no point was Inofin an authorized custodian, or trustee, of retirement funds. As a result of these misrepresentations by Cuomo and Mann, Inofin investors suffered a loss of more than $10 million in retirement savings transferred to Inofin. Inofin ultimately entered into involuntary bankruptcy proceedings.
Acting United States Attorney William D. Weinreb; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The U.S. Securities and Exchange Commission also provided assistance with the investigation. Assistant U.S. Attorneys Vassili Thomadakis and Victor A. Wild of Weinreb’s Criminal Division prosecuted the case.
Former Owner of Inca’s Secret Restaurant Pleads Guilty to Federal ChargesRead the Press Release
Harrisonburg, VIRGINIA – A pair of Harrisonburg residents, who formerly owned and managed a Peruvian-themed restaurant in the city, pleaded guilty yesterday in the United States District Court for the Western District of Virginia in Harrisonburg to federal harboring charges, Acting United States Attorney Rick A. Mountcastle announced.
Maria Rosalba McTague Alvarado, 49, and her son, Felix Adriano Chujoy, 29, each pleaded guilty yesterday in federal court to charges related to the harboring and employment of undocumented immigrants.
Alvarado pleaded guilty yesterday to two counts of harboring undocumented immigrants and two counts of employing undocumented immigrants. Chujoy pleaded guilty to two counts of aiding and abetting the employment of undocumented immigrants. Both defendants will be sentenced on January 31, 2017.
According to evidence presented at yesterday’s guilty plea hearing by Assistant United States Attorney Heather L. Carlton, Alvarado and Chujoy, who are originally from Peru but have become naturalized United States citizens, owned and managed Inca’s Secret, a restaurant in Harrisonburg, Virginia. Alvarado admitted yesterday that during the time she owned Inca’s Secret, she allowed individuals whom she knew to be in the country illegally to work in the restaurant and live in her home.
Chujoy admitted yesterday that he aided and abetted Alvarado in hiring and employing individuals at Inca’s Secret who he knew to be undocumented immigrant.
The investigation of the case was conducted by U.S. Immigration and Custom Enforcement’s Homeland Security Investigations and the Federal Bureau of Investigation. Assistant United States Attorneys Jeb Terrien and Heather L. Carlton prosecuted the case for the United States.
Former MS-13 Gang Member Sentenced for AssaultRead the Press Release
A former MS-13 gang member was sentenced today to 18 months in prison for assaulting and impeding a transportation officer for U.S. Immigration and Customs Enforcement (ICE).
According to court documents, on July 3, Marlon Danilo Rivas-Mendez, 28, an El Salvadoran national, was being transported from the Loudoun County Adult Detention Center to an ICE facility for deportation. Rivas-Mendez had previously been deported to El Salvador five times and had recently been found in Loudoun County after having again re-entered the United States illegally. During the transportation, Rivas-Mendez complained repeatedly that his handcuffs were too tight. When the officer tried to help him, Rivas-Mendez struck the officer in the chest and neck, before fleeing the vehicle.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, and Russell Hott, Field Office Director for U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations Washington Field Office, made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton. Special Assistant U.S. Attorneys Stephen Ravas and Lilian Timmermann and Assistant U.S. Attorney Dennis Fitzpatrick prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-189.
Former Financial Manager Sentenced to Prison for Embezzling over $1.4 Million from EmployerRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson, announced today that U.S. District Court Judge John W. deGravelles sentenced WADE BARBAY, age 55, of Baton Rouge, Louisiana, to serve twenty-nine (29) months in federal prison as a result of his scheme to defraud his employer. BARBAY was ordered to pay restitution of $1,483,503.50 to the victim and to serve a two (2) year term of supervised release after his release from imprisonment. BARBAY was also ordered to forfeit all property traceable to the gross proceeds of the scheme.
On March 22, 2017, BARBAY pled guilty to wire fraud, in violation of Title 18, United States Code, Section 1343. BARBAY was the Director of Shared Services, which oversaw Axiall’s corporate credit card program. Between January of 2011 and May of 2016, BARBAY engaged in a scheme to defraud his employer, using material false pretenses and wire communications to execute his scheme. The scheme involved BARBAY submitting fraudulently inflated business expenses of other employees for payment to Axiall’s headquarters. After the company paid American Express, the defendant directed American Express to credit his account with the funds. Through this scheme, the defendant embezzled over $1,125,000. In addition, the defendant’s scheme included negotiating and depositing corporate refund checks into his personal bank account, totaling approximately $280,430. In total, over the course of a five-and-a-half-year period, the defendant fraudulently obtained over $1.4 million from his former employer.
Axiall, a subsidiary of Westlake Chemical, is an international manufacturer and supplier of products derived from petrochemicals. The company is headquartered in Houston, Texas, and employs approximately 9,000 people in more than 42 facilities worldwide. One of Axiall’s facilities is located in Plaquemine, Louisiana. The defendant worked at this facility in a financial capacity for over 24 years.
U.S. Attorney Amundson stated, “My office will continue to make fraud and embezzlement prosecutions a high priority, as we work to hold corrupt insiders accountable. The defendant’s actions in this case were particularly egregious in that he betrayed the trust placed in him by his employer and used his fellow employees to line his own pockets. We hope that the lengthy federal prison sentence imposed in this case will send a strong message of deterrence.”
New Orleans FBI Special Agent in Charge Jeff Sallet said, "This sentencing should serve as a reminder that the FBI will investigate and prosecute individuals who abuse their positions to defraud their employers and co-workers who trust them. I commend the exceptional effort of the FBI, U.S. Attorney's Office, and our private partners in working together quickly to expose this massive fraud and to bring Mr. Barbay to justice."
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana and the Baton Rouge Office of the United States Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Jessica M.P. Thornhill.
Former Deputy Jailer at Kentucky River Regional Jail Sentenced to 108 Months in Prison for Assault of Inmate and Obstruction of JusticeRead the Press Release
A former supervisory deputy jailer at the Kentucky River Regional Jail has been sentenced to 108 months in federal prison and three years of supervised release related to his role in an unprovoked violent assault of a detainee who was being held at the jail, and for subsequently covering up the beating.
Yesterday, United States District Judge Karen K. Caldwell formally sentenced Kevin Eugene Asher, 32, on his conviction. Under federal law, Asher must serve 85 percent of his prison sentence. Following the completion of his prison term, he will be under the supervision of the United States Probation Office for the London, KY office of the Eastern District of Kentucky.
On April 12, 2017, a jury convicted 32-year-old Kevin Asher of deprivation of civil rights under color of law, and obstruction of justice.
According to evidence and testimony presented during the jury trial, in November 2012, Asher and another deputy jailer, Damon Wayne Hickman, physically assaulted Gary Hill, a 55-year-old inmate who was being held following an arrest for a misdemeanor charge of disorderly conduct.
According to testimony, Deputies Asher and Hickman approached Hill after Hill had run the faucet in his jail cell to the point where water had spilled out onto the floor. Hickman testified at trial that he punched Hill in the face, causing Hill to fall onto the floor. Hickman further testified that while Hill was curled up in a fetal position, he and Asher began kicking Hill. Asher and Hickman then immobilized Hill in a restraint chair and Hickman continued to beat him. Evidence established that following the brutal assault, the deputies failed to obtain any medical treatment for Hill who had received numerous injuries.
The jury also found that Asher obstructed justice by filling out an incident report at the jail in which he falsely claimed that Hill had slipped and fallen onto the floor and that no physical force had been used against him.
The Kentucky River Regional Jail houses pre-trial detainees from Perry and Knott Counties. As a supervisory deputy jailer, Asher was responsible for the custody, care, safety and control of the inmates at the jail.
Carlton S. Shier, IV, Acting U.S. Attorney for the Eastern District of Kentucky; John M. Gore, Acting Assistant Attorney General for the Civil Rights Division; and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly made today’s announcement.
“Nothing justifies or excuses the defendant’s outrageous conduct in this case,” said Acting Assistant Attorney General John Gore. “When deputy jailers make the corrupt choice to violate our Constitution and laws, the Justice Department will prosecute such misconduct, just as it did here.”
“This type of criminal conduct not only causes real injuries to victims, but tarnishes the work of truly dedicated law enforcement personnel,” said Acting U.S. Attorney Carlton Shier. “Prosecuting this type of disgraceful conduct is critical to making our communities safer. We simply must hold officials accountable for violations of the public trust that was placed in them.”
“Law enforcement officers are given tremendous power to enforce the law and ensure justice. Preventing abuse of this authority is necessary to protect the rights of our citizens and maintain confidence in law enforcement,” said Amy Hess, Special Agent in Charge of the FBI’s Louisville Office. “Mr. Asher’s sentence shows that the FBI will aggressively investigate color of law and civil rights violations, to hold those with the responsibility for upholding the law accountable to it.”
The investigation was conducted by the FBI and the Kentucky State Police. Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government.
Former California Deputy Sheriff Sentenced to 10 Years’ Imprisonment for Drug Trafficking and Firearms OffenseRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on October 19, 2017, U.S. District Court Judge Yvette Kane sentenced Christopher Mark Heath, age 38, a former deputy sheriff of the Yuba County Sheriff’s Office, California, to 120 months’ imprisonment for possession of a firearm in furtherance of drug trafficking, conspiracy to manufacture and distribute 100 kilograms of marijuana, conspiracy to launder drug proceeds and an additional drug trafficking count. After a two-day trial, the jury convicted Heath of these offenses in Harrisburg before Judge Kane on May 11, 2017.
According to United States Attorney Bruce D. Brandler, Heath engaged in a conspiracy that trafficked hundreds of pounds of marijuana between Northern California, Florida and York County, Pennsylvania. Heath and his co-defendants, who previously pleaded guilty, participated in a conspiracy that began in approximately September 2014 and continued to January 7, 2016. During this time, Heath was a deputy sheriff in Yuba County, California, assigned as a narcotics investigator but has since resigned. Heath and his co-defendants grew marijuana on property in Oroville, CA, and shipped it through the United States Postal Service to several locations, including post office boxes in York and Lancaster, Pennsylvania, as well as to the Hanover area.
In December 2015, Heath and his co-conspirators traveled from California to York County in two vehicles, transporting 89.5 kilograms of marijuana worth just under half a million dollars. Heath’s truck contained the entire quantity of marijuana as well as a loaded Glock firearm and his deputy sheriff’s badge. When Heath and his co-conspirators arrived to deliver the marijuana in York County, they were arrested by the York County Drug Task Force and Penn Township Police Department.
Heath has been in the custody of the U.S. Marshals since the entry of the jury verdict. Heath recently pleaded guilty to additional firearms charges in Butte County, California.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
This case was investigated by the Drug Enforcement Administration, Internal Revenue Service - Criminal Investigation, the York County Drug Task Force, Penn Township Police Department, the Butte County Sheriff’s Department (California), the United States Postal Inspection Service and the United States Postal Service Office of Inspector General. Assistant U.S. Attorney Meredith A. Taylor and Assistant U.S. Attorney Joseph J. Terz prosecuted the case.
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Former Bergen County, New Jersey, Coin Dealer Sentenced to 15 Months in Prison for Income Tax EvasionRead the Press Release
TRENTON, N.J. – A former resident of Old Tappan, New Jersey, was sentenced today to 15 months in prison for evading personal income taxes on more than $400,000 in income in 2013, Acting U.S. Attorney William E. Fitzpatrick announced.
William Dominick, 69, of Collier County, Florida, previously pleaded guilty before U.S. District Judge Anne E. Thompson to an information charging him with one count of tax evasion and one count of identity theft. Judge Thompson imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Dominick owned and operated Westwood Rare Coin out of his home in Old Tappan. He was required to include income earned by Westwood Rare Coin on his individual IRS 1040 form. During calendar year 2013, Dominick failed to report $400,000 in income earned by Westwood Rare Coin. He did this by using other people’s identities to open credit cards to purchase bulk quantities coins from the U.S. Mint in order to corner the market. Dominick then sold those coins through his business, retained the proceeds for his personal use, and failed to include the proceeds on the tax return that he signed and filed with the IRS.
In addition to the prison term, Judge Thompson sentenced Dominick to three years of supervised release and fined him $10,000.
Under terms of his plea agreement, Dominick will file amended returns and make full restitution for years 2010 through 2014.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of special agent in charge Timothy Gallagher; special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; and inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge Joseph W. Cronin, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Shana Chen of the Economic Crimes Unit in Newark.
Florida Man Convicted in Fraud Scheme Designed to Illegally Obtain Immigration Visas for Chinese NationalsRead the Press Release
United States Attorney Richard W. Moore of the Southern District of Alabama, announces that a jury has convicted David Jesus Jimenez of Davie, Florida for his role in an international fraud scheme designed to illegally obtain EB-1C visas for Chinese nationals. Jimenez was convicted of conspiracy to commit visa fraud, conspiracy to commit money laundering, as well as substantive money laundering.
The trial, which began on October 2, 2017, centered around the EB-1C visa program. This legitimate immigration program allows for United States business owners who are in a qualified business relationship with a foreign company to petition the United States Citizenship and Immigration Services for a foreign multinational manager or executive to immigrate to the United States to manage the business. This employment-based visa program is designed to help United States businesses attract top foreign talent to help run a joint business partnership together from the United States. Upon obtaining an EB-1C visa, the foreign national is on the fastest tract to Legal Permanent Resident status, and ultimately, United States citizenship.
During trial, the jury heard testimony that certain Chinese nationals paid approximately $300,000.00 to the Chinese co-conspirators to participate in the fraud scheme. Thereafter, Jimenez and others in the United States recruited business owners in Alabama, Florida, Mississippi, and elsewhere by explaining that they could earn $30,000.00 by “sponsoring” an immigration petition for a Chinese national. The business owners then provided documentation about their companies to Jimenez and the other co-conspirators. Thereafter, false, fraudulent, forged, and materially misleading documentation was created by the co-conspirators, all of which was designed to give the appearance that the United States business had a qualifying relationship with a Chinese company through a joint venture between the two businesses. These documents were provided by Jimenez and his co-conspirators to attorneys who submitted the fraudulent material to USCIS. However, neither the United States business owners nor the attorneys were aware that Jimenez was using them as part of an elaborate fraud scheme.
To promote this international visa fraud scheme, Jimenez and his co-conspirators also engaged in an international money laundering scheme. Evidence was presented showing how co-conspirators in China wired large sums of money from their Hong Kong bank accounts to domestic accounts controlled by Jimenez. Thereafter, Jimenez used these foreign funds to further the visa fraud scheme by (1) paying the other United States-based co-conspirators, (2) paying the petitioning United States business owners, and (3) paying the attorneys who filed the fraudulent documents with USCIS.
Following a two-week trial, the jury deliberated for approximately four hours before finding Jimenez guilty of conspiracy to commit visa fraud, conspiracy to commit money laundering, and substantive money laundering. Jimenez will be sentenced by Chief Judge Kristi DuBose on January 26, 2018.
Prior to Jimenez’s trial, Fairhope resident Christopher Allen Dean pled guilty to a charge of conspiring to commit visa fraud in connection with this same scheme. Dean was one of approximately 40 witnesses called by the United States during its case-in-chief.
Following Jimenez’s convictions at trial, Richard W. Moore, the United States Attorney for the Southern District of Alabama, explained, “Schemes of this nature are an assault on our immigration system that divert our federal investigative resources when we are forced to spend time and money unravelling these complicated criminal acts. Our federal partners, Homeland Security Investigations and the IRS-Criminal Division worked tirelessly to ferret out the Defendant’s pattern of activity that could have gone undetected but for their excellent work. Also, our prosecutors, First Assistant Donna Dobbins and Assistant U.S. Attorney Chris Bodnar, presented a compelling case to the jury and I am particularly pleased with how they represented the interests of the United States in this matter.”
This sentiment was echoed by Raymond R. Parmer, Jr., Special Agent in Charge of ICE Homeland Security Investigations New Orleans. SAC Parmer noted: “Immigration fraud presents a serious threat to the national security of our nation. Illegal schemes like this not only undermine the integrity of our nation’s legal immigration system, but they create potential security vulnerabilities while also cheating deserving immigrants of benefits they rightfully deserve.” SAC Parmer oversees a five-state Area of Operation to include Alabama, Arkansas, Louisiana, Mississippi, and Tennessee.
In addition, James E. Dorsey, the Acting Special Agent in Charge of IRS–Criminal Investigations Division, explained: “This particular employment-based visa fraud scheme was a blatant attempt to undermine and defraud the United States Government. IRS Criminal Investigations will continue to work with our law enforcement partners to conduct international financial investigations that exploit our government.”
This matter was jointly investigated by special agents assigned to the Mobile offices of the Department of Homeland Security–Homeland Security Investigations and the Internal Revenue Service–Criminal Investigation Division, as well as fraud investigators in the Dallas Field Office of USCIS. The case was prosecuted by First Assistant United States Attorney Donna Dobbins and Assistant United States Attorney Christopher Bodnar.
Federal Jury Convicts Jacksonville Man on Multiple Counts of Aggravated Identity Theft, Bank and Social Security FraudRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Anthony Johnson (52, Jacksonville) guilty of nine counts of aggravated identity theft, nine counts of bank fraud, seven counts of false representation of a Social Security number, and three counts of mail fraud. He faces up to 30 years in prison for each bank fraud offense; up to 20 years’ imprisonment for each mail fraud offense; up to 5 years in prison for each charge of falsely representing a Social Security number; up to 3 consecutive years in prison for violation of supervised release; and a mandatory minimum penalty of 2 years’ imprisonment for each aggravated identity theft count. No date has been set for sentencing or the violation hearing.
Johnson was indicted on August 10, 2016.
According to evidence presented at trial, starting in 2014, Johnson falsely claimed to be a former member of the U.S. Army and used the Social Security number of two victims, including a lawyer from Seattle, Washington, to open a bank account and obtain a loan and multiple credit cards from United Services Automobile Association (USAA). After obtaining multiple convenience checks on the credit cards, Johnson withdrew thousands of dollars from the USAA bank account for his own use. After obtaining a genuine Florida driver’s license under the identity of a Texas doctor, Johnson then obtained two fraudulent loans totaling over $148,000 from Bankers Healthcare Group, LLC (BHG) and had the money from BHG wired into a TD Bank business account in the name of a false medical data company that he had incorporated in Florida. Using the same identity, Johnson obtained additional loans from Springleaf Financial Services and had the proceeds wired to the same bank account. Johnson then set up a personal bank account at TD Bank in the victim’s name and began funneling money from the business account into the personal account. Thereafter, Johnson began making large cash withdrawals to fund his purchase of luxury items, including a $70,000 Mercedes Benz.
During this time, Johnson used the identity of a fourth victim to obtain an apartment under that victim’s name and then obtained another Florida driver’s license under the identity of a fifth victim. Using proceeds from his criminal activity, Johnson left the United States and traveled to Dubai in June and July of 2016. While there, he spent more than $4,000 at a club/restaurant, stayed at a high-end hotel, and purchased expensive personal items.
On July 11, 2016, U.S. Immigration and Customs Enforcement, in coordination with the U.S. Marshals Service, arrested Johnson for violation of supervised release as he reentered the United States at Orlando International Airport. He was detained and has remained in federal custody since that time.
This case was investigated by the Florida Highway Patrol – Bureau of Criminal Investigations and Intelligence, the Jacksonville Sheriff’s Office, the U.S. Marshal Service, U.S. Immigration and Customs Enforcement, and the U.S. Secret Service (Jacksonville Field Office). It is being prosecuted by Assistant United States Attorneys Kevin C. Frein and Beatriz Gonzalez.
Federal Jury Convicts Fayetteville Man for Trafficking Narcotics and Possessing A Firearm in Furtherance of Drug TraffickingRead the Press Release
GREENVILLE – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that on October 18, 2017 in federal court, GENESIS LEE WHITTED, JR., a 28-year-old male resident of Fayetteville, was convicted following a three-day trial before Senior United States District Judge Malcolm J. Howard. The jury found WHITTED guilty of conspiracy to distribute and possess with the intent to distribute cocaine base, six substantive distribution charges, and possession of a firearm in furtherance of a drug trafficking crime.
A Grand Jury in the Eastern District of North Carolina indicted WHITTED on December 21, 2016 for conduct that occurred in 2015.
The evidence at trial showed that the WHITTED was the leader of a drug trafficking organization that regularly trafficked cocaine base (crack) throughout Fayetteville. The group used multiple locations, including a car wash on Pamalee Drive, for their drug distribution activities.
Witnesses testified that WHITTED regularly cooked powder cocaine into cocaine base, and that the Defendant was regularly armed with a handgun during his drug trafficking activities. On his chest, the Defendant even had a tattoo of a Pyrex measuring cup and a box of baking soda--both of which are used to “cook” powder cocaine into cocaine base.
During the fall of 2015, the Fayetteville Police Department and Federal Bureau of Investigation conducted a complex investigation of WHITTED’s drug operation, including electronic surveillance, physical surveillance, and controlled purchases of cocaine base from the WHITTED and others.
On November 18, 2015, WHITTED distributed cocaine base and possessed a firearm in furtherance of his drug distribution. WHITTED was recorded bragging that he had a “pocket rocket,” and that even though the gun was small, it was effective enough to kill someone if you shot the person twice in the chest. He also bragged that if he was stopped by the police, he would be able to throw the gun quickly before the police found it. Mr. Higdon said: “The Whitted drug trafficking organization was responsible for trafficking significant quantities of cocaine and crack in Fayetteville, and they protected their illegal business with guns. Mr. Whitted boldly challenged the community and law enforcement with threats of violence. I want to commend the FBI and the Fayetteville Police Department for their important work in this case. Prosecutions like this across the Eastern District will be key to reducing our crime rate and making our communities safer.”
“The outcome of this investigation furthers law enforcement's commitment to reducing crime and keeping the community safe. The hard work of local, state and federal law enforcement agencies is a testament to what persistence will do with a career criminal who had been plaguing the City of Fayetteville” said Fayetteville Chief of Police Gina V. Hawkins.
WHITTED was the last of his co-conspirators to be found guilty. Co-defendants Wayne Whitted and Joel McLaurin previously entered pleas of guilty and have been sentenced. WHITTED faces a mandatory minimum term of imprisonment of ten years, with a maximum term of imprisonment of life.
The case was investigated by the Fayetteville Police Department and the Federal Bureau of Investigation. Assistant United States Attorney Scott Lemmon and Special Assistant United States Attorney Boz Zellinger represented the government in this case.
Former Deputy Jailer at Kentucky River Regional Jail Sentenced to 108 Months in Prison for Assault of Inmate and Obstruction of JusticeRead the Press Release
WASHINGTON – A former supervisory deputy jailer at the Kentucky River Regional Jail has been sentenced to 108 months in federal prison and three years of supervised release related to his role in an unprovoked violent assault of a detainee who was being held at the jail, and for subsequently covering up the beating.
Yesterday, United States District Judge Karen K. Caldwell formally sentenced Kevin Eugene Asher, 32, on his conviction. Under federal law, Asher must serve 85 percent of his prison sentence. Following the completion of his prison term, he will be under the supervision of the United States Probation Office for the London, KY office of the Eastern District of Kentucky.
On April 12, 2017, a jury convicted 32-year-old Kevin Asher of deprivation of civil rights under color of law, and obstruction of justice.
According to evidence and testimony presented during the jury trial, in November 2012, Asher and another deputy jailer, Damon Wayne Hickman, physically assaulted Gary Hill, a 55-year-old inmate who was being held following an arrest for a misdemeanor charge of disorderly conduct.
According to testimony, Deputies Asher and Hickman approached Hill after Hill had run the faucet in his jail cell to the point where water had spilled out onto the floor. Hickman testified at trial that he punched Hill in the face, causing Hill to fall onto the floor. Hickman further testified that while Hill was curled up in a fetal position, he and Asher began kicking Hill. Asher and Hickman then immobilized Hill in a restraint chair and Hickman continued to beat him. Evidence established that following the brutal assault, the deputies failed to obtain any medical treatment for Hill who had received numerous injuries.
The jury also found that Asher obstructed justice by filling out an incident report at the jail in which he falsely claimed that Hill had slipped and fallen onto the floor and that no physical force had been used against him.
The Kentucky River Regional Jail houses pre-trial detainees from Perry and Knott Counties. As a supervisory deputy jailer, Asher was responsible for the custody, care, safety and control of the inmates at the jail.
Carlton S. Shier, IV, Acting U.S. Attorney for the Eastern District of Kentucky; John M. Gore, Acting Assistant Attorney General for the Civil Rights Division; and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly made today’s announcement.
“Nothing justifies or excuses the defendant’s outrageous conduct in this case,” said Acting Assistant Attorney General John Gore. “When deputy jailers make the corrupt choice to violate our Constitution and laws, the Justice Department will prosecute such misconduct, just as it did here.”
“This type of criminal conduct not only causes real injuries to victims, but tarnishes the work of truly dedicated law enforcement personnel,” said Acting U.S. Attorney Carlton Shier. “Prosecuting this type of disgraceful conduct is critical to making our communities safer. We simply must hold officials accountable for violations of the public trust that was placed in them.”
“Law enforcement officers are given tremendous power to enforce the law and ensure justice. Preventing abuse of this authority is necessary to protect the rights of our citizens and maintain confidence in law enforcement,” said Amy Hess, Special Agent in Charge of the FBI’s Louisville Office. “Mr. Asher’s sentence shows that the FBI will aggressively investigate color of law and civil rights violations, to hold those with the responsibility for upholding the law accountable to it.”
The investigation was conducted by the FBI and the Kentucky State Police. Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government