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Friday 1 September 2017
Mexican national pleads guilty to illegally reentering the United States multiple timesRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a Mexican citizen pleaded guilty to reentering the United States illegally after being removed at least three times.
Juan Jose Mendoza-Ibarra, 38, of Mexico, pleaded guilty before U.S. Magistrate Judge Carol Whitehurst to one count of illegal reentry of a removed alien. The plea will become final when accepted by U.S. District Judge Dee D. Drell. According to the guilty plea, the defendant was found to be in Lafayette in July of 2017 after an arrest. He had previously been removed from the United States at least three times on March 11, 2016, August 5, 2016 and February 10, 2017.
Mendoza-Ibarra faces two years in prison, one year of supervised release and a $250,000 fine. The court set a November 27, 2017 sentencing date.
Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Dominic Rossetti is prosecuting the case.
Mexican National is Sentenced for Illegal ReentryRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that MIGUEL TERRAZAS-ORDONEZ, age 40, a citizen of Mexico, was sentenced today after previously pleading guilty to a one-count Indictment charging him with illegal reentry of a removed alien.
U.S. District Judge Mary Vial Lemmon sentenced TERRAZAS-ORDONEZ to 5 months of incarceration, followed by a supervised release term of one year. Following the completion of his sentence, TERRAZAS-ORDONEZ will be surrendered to the custody of U.S. Immigration and Customs Enforcement for removal proceedings.
Acting U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
MEDIA ADVISORY - Bates Family Scheduled Sentencing to Federal PrisonRead the Press Release
WHAT: Members of the Bates Family are scheduled to be sentenced to federal prison. Charles Larry Bates, father and his son, Charles Edward Bates. DATE: Tuesday, September 5, 2017 TIME: 9:30 a.m. – Charles Larry Bates
1:30 p.m. – Charles Edward Bates WHERE: Courtroom of the Honorable Sheryl H. Lipman
Clifford Davis Odell Horton Federal Building
167 North Main Street
Memphis, TN 38103NOTE: All media members must present government-issued photo I.D. (such as driver’s license), as well as valid media credentials.
Media are required to RSVP to [email protected].
Louisiana Man Sentenced to Ten Years for Attempted Enticement of a MinorRead the Press Release
PANAMA CITY, FLORIDA – Kenneth James Hill, 69, of Slidell, Louisiana, was sentenced yesterday to 120 months in prison after pleading guilty on June 15, 2017, to attempted enticement of a minor for sex and travel with intent to engage in illicit sexual activity. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
In September 2016, Hill responded to an online Craigslist advertisement in which an undercover detective posed as a mother, “Ashley,” of a 14-year-old daughter, “Nikki.” Hill asked sexual questions about “Nikki” and acknowledged her age. He also communicated with “Nikki” online via the undercover detective, described sexual acts he intended to perform on “Nikki,” and arranged to travel two hours to meet “Nikki” in person for the purpose of having sex. Several days later, Hill arrived at the hotel where he believed “Nikki” was staying and was arrested.
The case was investigated by the Federal Bureau of Investigation, the Panama City Police Department, and the North Florida Internet Crimes Against Children Task Force. It was prosecuted by Assistant United States Attorney Christopher J. Thielemann.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Justice Department Announces Closing of Ayudando Guardians OfficeRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and U.S. Marshal Conrad E. Candelaria announced that the office of Ayudando Alpha, Inc., d/b/a “Ayudando Guardians, Inc.” (Ayudando), will close effective today, August 31, 2017. Despite the office’s closing, the U.S. Marshals Service (USMS) remains responsible for managing Ayudando’s business affairs under a protective restraining order issued by the U.S. District Court for the District of New Mexico, which authorized the USMS’s Complex Assets Unit to assume control of Ayudando’s business operations.
The U.S. Marshals Service took over Ayudando’s business operations on July 19, 2017, when federal officials announced the filing of a 28-count indictment against Ayudando and its co-founders, Susan Harris, 70, and Sharon Moore, 62. The indictment alleges conspiracy, fraud, theft and money laundering charges arising out of an alleged scheme to embezzle funds from client trust accounts managed by Ayudando, a non-profit corporation that provides guardianship, conservatorship and financial management services to hundreds of individuals with special needs. The federal court order authorized the USMS to operate the business to ensure that its assets were not improperly spent or removed, and that the interests of Ayudando clients were protected as the prosecution of the criminal case moves forward.
Acting under the federal court order, the USMS has facilitated the transfer of the vast majority of Ayudando’s approximately 1400 clients, including all clients who receive benefits from the U.S. Department of Veterans Affairs and U.S. Social Security Administration, to other service providers and/or new representative payees. In addition, the majority of clients for whom Ayudando was appointed as guardian by the state courts have also been transferred to temporary guardians pending final transfers in the coming weeks. As part of these processes, clients can expect to receive communication from their new representative payee, guardian, or fiduciary if they have not already.
Ayudando clients who are still awaiting transfers will receive services from providers that have entered into agreements with Ayudando and the USMS to provide temporary, interim services until long-term transfers can be accomplished:
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Ayudando clients who are part of the class of individuals covered by the New Mexico Office of Guardianship will receive services from either CNRAG, Inc., Tierra Alta Guardianship Services, LLC, or Quality of Life Guardians, LLC, until the courts can appoint new temporary or permanent guardians for those individuals, if appropriate.
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Any other Ayudando clients for whom Ayudando maintained guardianship, medical power of attorney accounts, private trust accounts or conservator services will receive guardianship services from Ascending Hope, LLC, or financial fiduciary services from Bridge to Success, Inc., until the courts can appoint new temporary or permanent guardians for those individuals, if appropriate.
Although the physical office space of Ayudando are now closed and other service providers are servicing Ayudando clients, the USMS remains responsible for managing Ayudando’s business affairs pursuant to the federal court order, and remains committed to ensuring continuity of service for Ayudando clients.
Harris and Moore have entered not guilty pleas to the charges in the indictment and are under pretrial supervision and other conditions of release pending trial, which has yet to be scheduled. The public is reminded that charges in indictments are merely allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. Information about the federal investigation into Ayudando, including the pending prosecution of Ayudando and its principals and the federal court order, is available at www.justice.gov/usao-nm/ayudando-guardians.
The Albuquerque offices of the FBI and IRS Criminal Investigation conducted the investigation, which resulted in the charges in the indictment, and are leading the continuing investigation. The Complex Assets Unit and the Albuquerque and Phoenix, Ariz., offices of the USMS, the Criminal Investigations Division of the VA Office of Inspector General, and the Dallas Field Division of the SSA Office of Inspector General are assisting in the investigation. Assistant U.S. Attorneys Jeremy Peña and Brandon L. Fyffe are prosecuting the case.
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Hollywood Resident Convicted of Access Device Fraud and Aggravated Identity TheftRead the Press Release
On August 25, 2017, a Hollywood, Florida resident was convicted by a Southern District of Florida jury of access device fraud and aggravated identity theft.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Dexter M. Williams, Chief, Miramar Police Department, made the announcement.
Frantz Felix, Jr., 23, of Hollywood, was convicted at trial of one count of use of one or more unauthorized access devices to obtain anything of value aggregating $1,000 or more, in violation of Title 18, United States Code, Section 1029(a)(2), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1). He faces a statutory maximum penalty of 12 years in prison. Sentencing is scheduled for November 14, 2017, before U.S. District Judge Kathleen M. Williams.
The evidence at trial established that between September 20, 2012 and September 24, 2012, Felix used a fraudulent credit card to obtain more than $5,000 in merchandise from vendors in Miami-Dade County.
Mr. Greenberg commended the investigative efforts of ICE-HSI and the Miramar Police Department. This case is being prosecuted by Assistant United States Attorneys Yeney Hernandez and Joshua Rothstein.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Hazleton Man Sentenced to More Than Seven Years in Prison for Pill Distribution ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Franklin Tejeda, age 36, of Hazleton, Pennsylvania, was sentenced on August 31, 2017, to 87 months in prison by U.S. District Court Judge Malachy E. Mannion, for his role in an international pill distribution conspiracy.
According to United States Attorney Bruce D. Brandler, Tejeda was responsible for importing into the United States and distributing hundreds of thousands of Schedule II and IV drugs, including oxycodone, hydrocodone, Percocet, Tramadol, Diazepam, Xanex, and other prescription medications.
Tejeda previously pleaded guilty to regularly orchestrating the delivery of parcels of Schedule II and IV pills from suppliers in India and the Dominican Republic to co-conspirators’ residences in Hazleton, and distributing the drugs to customers. The illegal conduct occurred between November 2014 and March 2016. Agents and police seized more than one hundred thousand Schedule II and IV pills and tablets from Tejeda’s residence in March 2016.
Judge Mannion also ordered Tejeda to serve three years on supervised release following his prison sentence.
Tejeda was charged in a criminal information filed by the United States Attorney’s Office in April 2016. The investigation was conducted by the Drug Enforcement Administration, the U.S. Postal Inspection Service, and the Hazleton Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Former Queens, N.Y., Resident Arrested for Smuggling Millions of Dollars Worth of Counterfeit Brand Name Apparel from China into the United StatesRead the Press Release
A complaint was unsealed today in federal court in Brooklyn, New York, charging former Queens, New York, resident Su Ming Ling with smuggling and conspiracy to traffic in counterfeit goods for his participation in a sophisticated scheme to import approximately 200 shipping containers of counterfeit brand-name apparel from the People’s Republic of China.
Ling was arrested last night in California as he attempted to board a flight from San Francisco to Taiwan. Ling made his initial appearance today at the Phillip Burton Federal Building and United States Courthouse in San Francisco, California, before United States Magistrate Judge Sallie Kim. Ling was ordered detained pending a detention hearing scheduled for Wednesday, September 6, 2017.
The arrest was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Debra Parker, Acting Special-Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI) Newark Division, and Leon Hayward, Acting Director, New York Field Office, U.S. Customs and Border Protection (CBP).
“Using a combination of internet savvy and old-fashioned counterfeit distribution techniques, defendant Ling perpetrated a lucrative counterfeiting scheme involving fake name-brand items,” stated Acting United States Attorney Rohde. “This Office, together with our law enforcement partners, remains committed to protecting the intellectual property of U.S. brands, on which the economic integrity of U.S. markets depend.”
“Homeland Security Investigations has seized counterfeit goods from Mr. Ling’s criminal organization,” stated Acting Special Agent-in-Charge Parker. “HSI and our local, state, and federal law enforcement partners are committed to dismantling transnational counterfeiting that significantly impacts local economies. These arrests and seizures embody our commitment to disrupting the importation and sale of counterfeit goods.”
“U.S. Customs and Border Protection enforcement actions provided a critical link in an ongoing investigation that resulted in the takedown of an elaborate criminal enterprise,” stated CBP Acting Director Hayward. “It is through our interagency partnerships, and collaborative approaches like the one leading to today’s arrests, that law enforcement successfully combats modern criminal organizations.”
According to the complaint unsealed this morning, between May 2013 and January 2017, Ling used aliases to register and create numerous Internet domain names and email addresses that resembled the Internet domain names of real U.S. businesses. The defendant then used the fraudulently obtained email addresses to pose as a representative of the real businesses, and hired CBP-licensed customs brokers for file customs entry forms on behalf of the businesses whose identities he had stolen. Ling provided those customs brokers with falsified shipping documents for numerous shipments of counterfeit brand-name apparel that misrepresented the true contents of the shipping containers. Working with co-conspirators, Ling then arranged for the shipping containers of counterfeit goods to be distributed to, among other places, warehouses and storage facilities in Brooklyn and Queens, New York, and in New Jersey.
The shipping containers inspected by HSI and CBP were found to contain purported brand-name merchandise including purported Nike brand sneakers, UGG brand boots, National Football League-brand athletic jerseys, and True Religion brand jeans which CBP import specialists later determined to be counterfeit.
As detailed in the complaint, after searching the defendant’s cellular telephones in December 2015, HSI agents found photographs and notes of names and email addresses the defendant kept in an apparent effort to keep track of his fraudulent identities. Among other things, HSI agents found messages between Ling and his coconspirators with delivery instructions and photographs of delivery orders for shipping containers that HSI and CBP had inspected and found to contain counterfeit apparel.
The charges in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces a statutory maximum of 20 years’ imprisonment for smuggling, and 10 years’ imprisonment for conspiracy to traffic in counterfeit goods.
The government’s case is being handled by the Office’s National Security and Cybercrime Section. Assistant United States Attorneys Ian C. Richardson and Alexander Mindlin are in charge of the prosecution.
The Defendants:
SU MING LING
Age: 50
Former Residence: Middle Village, Queens
E.D.N.Y. Docket No. 17-MJ-774
Former Hodgdon Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Anthonio Dicentes, 37, formerly of Hodgdon, Maine and recently of Florida, pled guilty today in U.S. District Court to possessing child pornography.
According to court records, between about June 2009 and September 2015, Dicentes possessed image files depicting child pornography. At least one of these files, which he had sought out and downloaded from the internet, depicted a child under the age of 12.
Dicentes faces up to 20 years in prison, a $250,000 fine and between five years and a lifetime of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Federal Bureau of Investigations and the Maine State Police
Former Gulf Breeze Attorney Sentenced to 40 Months in Prison for Bank Fraud, Embezzlement, and Money Laundering ChargesRead the Press Release
PENSACOLA, FLORIDA – Richard Michael Colbert, 56, of Pensacola Beach, was sentenced today to 40 months in prison and ordered to pay more than $3.7 million in restitution for conspiracy to commit bank and mail fraud, false statement to a federally insured financial institution, nine counts of money laundering, and two counts of theft, embezzlement or misapplication by a person connected with a financial institution. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
In 2007, Colbert, while working as a title attorney, signed and submitted a false HUD-1 to the now defunct GulfSouth Private Bank in order for one of his business partners, a former builder, Lawrence Wright, to obtain a million dollar loan from GulfSouth. As a result of Colbert and Wright’s fraudulent conduct, GulfSouth ultimately sustained in excess of $636,000 in losses.
In 2010, Colbert again while working as a title attorney, facilitated a bank and mail fraud conspiracy by handling a number of closings that defrauded Bank of America, Beach Community Bank, and the now defunct Premier Community Bank. Bank of America, Beach Community Bank, and Premier Community Bank sustained losses totaling in excess of $2.3 million from the conspiracy.
Additionally, beginning in December 2010, while acting as an escrow agent for Beach Community Bank, Colbert embezzled and misapplied in excess of $400,000 that was being held at Beach Community Bank. Thereafter, between December 2010, and March 2011, Colbert conducted a series of financial transactions laundering the funds he had embezzled. In September 2011, Beach Community Bank personnel contacted Colbert to determine where the money was located. Unbeknownst to Beach Community Bank, Colbert then obtained money from a third party to replace the funds he had embezzled. However, a short time after placing the third party’s money into the Beach Community Bank account, Colbert embezzled in excess of $237,000 from the same account.
In addition to defrauding the financial institutions and embezzling from Beach Community Bank, the government’s evidence also showed that in August 2011, Colbert stole approximately $36,000 from four homeowners/condominium associations that he had been entrusted to oversee.
U.S. Attorney Canova said: “This bank fraud case is a reminder that my office will vigorously prosecute financial representatives who abuse positions of trust for their own gain. This defendant held a responsibility to conduct ethical transactions, and I commend the hard work of the investigators and prosecutors who enforce our federal laws and ensure that justice is served.”
“The role of IRS Criminal Investigation becomes even more important in embezzlement and fraud cases due to the complex financial transactions that take our expertise and skill to unravel,” said Mary Hammond, Special Agent in Charge, Tampa Field Office. “Today's sentencing of Mr. Colbert is a strong reminder that those who defraud others to enrich themselves will be held accountable.”
The case was investigated by Internal Revenue Service-Criminal Investigation with assistance from the Federal Bureau of Investigation, Federal Deposit Insurance Corporation-Office of Inspector General, and the Okaloosa County Sheriff’s Office.
This case was prosecuted by Assistant U.S. Attorney Tiffany H. Eggers.
The U.S. Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the U.S. Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Former Federal Corrections Officer Sentenced for BriberyRead the Press Release
Jackson, Miss. - Julius Pearson, 27, a former federal corrections officer from Madison County, Mississippi, was sentenced on August 31, 2017, by Senior U.S. District Judge William H. Barbour, to 12 months in federal prison followed by three years of supervised release for bribery, announced Acting U.S. Attorney Harold Brittain, FBI Special Agent in Charge Christopher Freeze, and U.S. Department of Justice Office of the Inspector General Special Agent in Charge Robert A. Bourbon. Pearson previously pled guilty to the charge.
Beginning in approximately August 2016, Julius Pearson began smuggling tobacco into the Federal Prison in Yazoo County where he was employed as a corrections officer. Pearson was paid approximately ten thousand dollars by inmates and others for delivering the tobacco to inmates inside the facility.
The case was investigated by the Federal Bureau of Investigation and the U.S. Department of Justice, Office of Inspector General. It was prosecuted by Deputy Criminal Chief Patrick Lemon.
Former Broward County Resident Convicted in Identity Theft Hotel Fraud SchemeRead the Press Release
Following a three-day trial before U.S. District Judge Federico A. Moreno, a jury convicted a former Broward County resident of access device fraud and identity theft.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Brian Swain, Special Agent in Charge, U.S. Secret Service (USSS), made the announcement.
Halima Ouedraogo, 36, most recently of Kirkland, Washington, was convicted of one count of access device fraud, in violation of Title 18, United States Code, Section 1029(a)(2), one count of possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3), and ten counts of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1). Ouedraogo faces up to ten years in prison for each access device fraud charge, and a possible mandatory two year term in prison for each of the ten aggravated identity theft charges. Sentencing is scheduled for November 9, 2017, before U.S. District Judge Moreno.
The evidence at trial established that on August 4, 2015, the defendant Ouedraogo checked into a Fort Lauderdale hotel using the credit card account number and other personal information of someone who did not know the defendant, and did not authorize her to possess or use it. Ouedraogo stayed at the hotel for three weeks, where she ordered several meals, movies, and other incidentals, running up an overall tab of more than $5,000.
When management inquired into the bill after charges on the stolen card began to be declined, the defendant left without paying and checked in to another nearby hotel, again using another victim’s name, credit card account number, and other personal information. She was located and arrested later that morning. In her possession were several hundred names, dates of birth, social security numbers, bank account numbers, driver’s licenses, checkbooks, tax documents, bank cards, vehicle registrations, student identifications and additional personal information belonging to other people, none of whom authorized Ouedraogo to have or use it.
Mr. Greenberg commended the investigative efforts of IRS-CI, USSS and the Fort Lauderdale Police Department. This case is being prosecuted by Assistant U.S. Attorneys Anne P. McNamara and Frederic Shadley
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Florida Man Sentenced to 1½ Years for Credit Card Fraud and Aggravated Identity TheftRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Roberto Lueje-Rodriguez, 30, of Hialeah, Florida, was sentenced today in U.S. District Court to 1½ years in prison and three years of supervised release for access device fraud and aggravated identity theft. He was also ordered to pay $31,772 in restitution.
Court records show that in January 2016, the defendant and Ariel Perez-Calvo used debit and credit card account numbers belonging to Maine bank customers to make unauthorized purchases totaling over $30,000. They used the cards in Penobscot, Knox, Hancock, Piscataquis, Franklin, Somerset, Kennebec, and Androscoggin counties. The two men engaged in similar conduct in Manchester and Concord, New Hampshire in November 2015 when they used debit and credit card account numbers belonging to New Hampshire bank customers to make purchases totaling more than $1,000.
The name embossed on each fake card was “David Cuan,” which was not the name of any of the victims. Each fake card bore a unique account number and appeared to be an authentic debit or credit card and their magnetic strips were encoded with the true account numbers of the victim s.
On January 25, 2017, Perez-Calvo was sentenced to 3½ years in prison for his role in the offenses.
The investigation was conducted by the Maine State Police; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Bangor, Brewer, Dexter, Dover-Foxcroft, Ellsworth, Hampden, Lincoln, Millinocket, Newport, Pittsfield, Rockland, Saco, Waterville (Maine) and Londonderry (New Hampshire) Police Departments.
Final Defendant Convicted of Stealing and Selling U.S. Army Equipment from Fort CampbellRead the Press Release
John Roberts, 27, of Clarksville, Tenn., was found guilty today by a federal jury of conspiracy to steal and sell U.S. Army property, 10 counts of wire fraud and two counts of violating the Arms Export Control Act, announced Acting U.S. Attorney Jack Smith of the Middle District of Tennessee.
The jury returned a verdict of guilty on all counts, after a four-day trial in U.S. District Court. Roberts is the final defendant convicted in the conspiracy, after an indictment issued in October 2016 charged six U.S. Army soldiers and two civilian eBay sellers with various crimes.
Visiting U.S. District Judge Roger H. Lawson, Jr., of the Middle District of Georgia, remanded Roberts to the custody of the U.S. Marshal following the verdict.
According to the proof at trial, Roberts conspired with the soldiers, who stole U.S. Army equipment, often after hours, from the U.S. Army installation at Fort Campbell. Roberts then purchased the equipment from the soldiers, often times in dark parking lots and by cash only transactions. Roberts knew that some of the soldiers had financial problems or serious drug addictions. Roberts then resold this military grade equipment via eBay.
The U.S. Army equipment listed for sale on eBay included sniper telescopes and other sniper rifle accessories, parts for the M249 machine gun (including barrel assemblies, trigger groups, rail adapter kits, magazine buttstocks, mounts, and heat shields), sights for the M203 grenade launcher, “red dot” sights for the M2 rifle and M4 assault rifle, flight helmets, communications headsets, and medical supplies. Certain equipment sold on eBay was advertised as “Army Special Forces,” “USGI” (U.S. Government Issued), and “New in Package.”
Further proof at trial established that Roberts illegally exported certain restricted U.S. Army equipment, including night vision helmet mounts and that Roberts sold U.S. Army equipment to eBay customers around the world, including customers in Russia, China, Thailand, Japan, the Netherlands, Australia, India, Germany, and Mexico.
Six co-defendant’s have previously pleaded guilty and are awaiting sentencing:
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On December 21, 2016, former U.S. Army Specialist Dustin Nelson, 23 of Northville, New York pleaded guilty to conspiracy to steal and sell U.S. Army property;
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On February 8, 2016, former U.S. Army Specialist Kyle Heade, 30, formerly of Fort Campbell, Kentucky, pleaded guilty to conspiracy to steal and sell U.S. Army property;
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On March 30, 2016, former U.S. Army Sergeant Michael Barlow, 30, of Clarksville, Tenn., pleaded guilty to conspiracy to steal and sell U.S. Army property and theft of government property.
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On April 6, 2017, Cory Wilson, 43, of Gonzalez, Louisiana, pleaded guilty to conspiracy to steal and sell U.S. Army property, wire fraud, and violating the Arms Export Control Act.
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On April 26, 2017, Jonathan Wolford, 29, of Clarksville, Tenn., pleaded guilty to conspiracy to steal and sell U.S. Army property.
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On April 26, 2017, Alexander Hollibaugh, formerly of Fort Campbell, Kentucky, pleaded guilty to conspiracy to steal and sell U.S. Army property.
Roberts will be scheduled for sentencing later this year. All defendants face up to five years in prison and a fine of up to $250,000 on the conspiracy charge. Roberts and Wilson face up to 20 years for each count of wire fraud and violating the Arms Export Control Act. In addition, Barlow faces up to 10 years in prison on the theft charge. The defendants also face forfeiture of the proceeds of their crimes.
Acting U.S Attorney Jack Smith commended the work of the agents with Department of Homeland Security and U.S. Army Criminal Investigation Command, who investigated this case and Assistant United States Attorneys Thomas J. Jaworski and Courtney L. Coker, who prosecuted the case.
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Federal Complaint Charges 28 in Methamphetamine, Heroin and Cocaine Distribution ConspiracyRead the Press Release
FORT WORTH — Twenty-eight defendants in the North Texas area have been charged in a federal criminal complaint, partially unsealed today, with felony offenses stemming from their role in a methamphetamine, cocaine, and heroin conspiracy that operated in the Dallas/Fort Worth area, announced U.S. Attorney John Parker of the Northern District of Texas.
Twenty-five defendants were arrested yesterday in an operation led by the Federal Bureau of Investigation and made appearances in federal court today before U.S. Magistrate Judge Jeffrey L. Cureton. Three defendants are fugitives.
The complaint charges each of the following defendants with one count of conspiracy to possess with the intent to distribute a controlled substance:
Efrain Rangel Arias, aka “Pollo,” 43
Alcadio Caballero De La Torre, aka “Coochi,” 35
Jennifer Louann Cherry, 40
Jose Soto-Silva, aka “Feo,” 30
Luis Soto-Silva, aka “Pecas” and “Tucan,” 29
Fernando Obregon, aka “Pri,” 23
Isidro Molina, aka “Chileno,” 23
Encarnacion Hurtado-Cruz, aka “Pancho,” 55
Alejandro Hernandez, aka “Alejandro Rodriguez,” 19
Juan Martinez-Fiscal, 27
Efrain Sifuentes, 25
Adan Barrientos, 20
Luis Varela, 21
Edgar Graciano, aka “Firulais,” 24
Israel Enriquez, 25
Maelena Rodriguez, aka “China”
Daniel Marentes, 26
Gloria Jaimes, 53
Miguel Robles, 35
Eduardo Grimaldo, aka “Lalo,” 29
Daton Degnide, 30
Mounib Shalash, 38
Gerson Ortiz-Barrera, 21
Richard Moilna, 25
Alexis Hernandez-Escobar, 36
A criminal complaint is a written statement of the essential facts of the offense charged and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The government has 30 days to present the matter to a grand jury for indictment. The maximum statutory penalty for the offenses as charged is 40 years in federal prison and a $5,000,000 fine.
The Federal Bureau of Investigation is conducting the investigation with assistance from DEA, ATF, U.S. Marshals Service, Arlington Police Department, Fort Worth Police Department, Dallas Police Department, Dallas County Sherriff’s Clean Air Task Force, Grand Prairie Police Department, Denton County Sherriff’s Office, Texas Department of Criminal Justice Office of Inspector General, the Texas Department of Public Safety, ICE ERO, and Tarrant County Combined Narcotics Enforcement Team.
Assistant U.S. Attorney Shawn Smith is in charge of the prosecution.
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Escaped Felon Headed Back to Federal PrisonRead the Press Release
PITTSBURGH - A former resident of McKees Rocks, Pa. and the Hill District area of Pittsburgh, Pa., pleaded guilty in federal court to one count of Escaping From Federal Custody, Acting United States Attorney Soo C. Song announced today.
Anthony Lee, aka Jamar Mitchell, age 37, pleaded guilty to the escape before Chief United States District Judge Joy Flowers Conti.
In connection with the guilty plea, the court was advised that, on October 23, 2016, Lee was serving the last portion of his sentence at a halfway house in Pittsburgh called the Renewal Center after being convicted in federal court of felony charges involving drugs and guns. Court records show that Lee had ultimately been sentenced to 120 months at that prior federal case after the term was reduced from a higher sentence. When Lee’s girlfriend came to visit him at the Renewal Center, she found him with another woman. An argument ensued and Lee punched the girlfriend in the face, knocking her to the ground. The defendant fled the scene with the other woman and was in escape status until arrested by the United States Marshal Service Fugitive Task Force on November 22, 2016, at the residence of the other woman. During the hearing, Lee’s attorney stated that he admitted the escape, but did not admit that he assaulted his former girlfriend.
Judge Conti scheduled sentencing for January 5, 2018, at 1:30 p.m. The law provides for a total sentence of 5 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the charge and the prior criminal history of the defendant.
The court ordered that the defendant remain in federal custody pending his sentencing date.
Assistant United States Attorney Ross E. Lenhardt of the Violent Crime Section is prosecuting this case on behalf of the government.
The United States Marshal Service and the Pittsburgh Bureau of Police conducted the investigation that led to the apprehension and prosecution of Lee.
Elgin Man Who Illegally Possessed Firearm Used in Deadly Shooting Pleads GuiltyRead the Press Release
A man who illegally possessed a firearm while being an unlawful user of marijuana pled guilty today in federal court in Cedar Rapids.
Daniel Henriksen, 30, from Elgin, Iowa, pled guilty to one count of possessing a firearm while an unlawful user of marijuana. In a plea agreement, Henriksen admitted that on June 17, 2016, he possessed a Glock 36, .45 caliber handgun. He also admitted that he was an unlawful user of marijuana at the time he possessed this firearm.
Court records allege that on or about June 17, 2016, law enforcement officers and emergency medical personnel responded to Henriksen’s home in Elgin after receiving a 911 call reporting that a four-year old boy had shot himself in the head. Once at the residence, they located a child suffering from a gunshot wound to his head. The child was transported to Palmer Lutheran Hospital in West Union, Iowa, where he was later pronounced dead.
Court records also allege that during the investigation of the child’s death, investigators determined that Henriksen was the owner of the firearm used in the shooting, which was a Glock 36, .45 caliber handgun. During a search of Henriksen’s residence, officers seized several items of drug paraphernalia, including marijuana smoking devices. Several of these items were analyzed at the Iowa Division of Criminal Investigation Criminalistics Laboratory and tested positive for marijuana.
Sentencing before Chief United States District Court Judge Leonard T. Strand will be set after a presentence report is prepared. Henriksen remains free on bond previously set pending sentencing. Henriksen faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by the Iowa Division of Criminal Investigation and the Fayette County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2021.
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Citizen of the Dominican Republic Sentenced to 42 Months in Prison for Role in Heroin Trafficking RingRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ERISON PERALTA, 39, a citizen of the Dominican Republic, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 42 months of imprisonment, followed by three years of supervised release, for his role in a heroin trafficking ring.
According to court documents and statements made in court, on October 21, 2016, the Baldwin County Sheriff’s Office in Alabama conducted a motor vehicle stop of a car hauler that was carrying a 2012 Chevrolet Malibu. A search of the Malibu revealed that it contained a hidden compartment (“trap”), which is commonly used to conceal and transport illegal contraband, including narcotics, firearms and currency. Law enforcement officials obtained court authorization to install tracking devices on the vehicle and, between October 2016 and January 2017, HSI agents observed it at various locations in Connecticut and Rhode Island.
On January 17, agents located the vehicle at 1091 Maple Avenue in Hartford. On January 20, surveillance officers observed activity on another vehicle located at the Maple Avenue residence consistent with manipulating a mechanical hidden compartment. Officers then observed an individual placing two duffel bags into that second vehicle and then driving off. At approximately 8:30 p.m., a Hartford Police cruiser pulled the car over. The vehicle also contained a hidden trap, but a search revealed no contraband.
PERALTA was arrested after he and others were located inside of 1091 Maple Avenue and a search of the residence revealed more than six kilograms of heroin, approximately 500 grams of cocaine and a “finger press,” which is used to process bulk quantities of heroin into 10-gram-bags known as “fingers.” Agents also seized drug distribution materials, including sifters, grinders, scales, vacuum sealers and kilo wrappers, which were coated in heroin residue and field-tested positive for the presence of fentanyl. Agents then searched the Malibu, which was located in the garage of 1091 Maple Avenue, and recovered approximately $260,000 in cash from inside the trap.
Subsequent laboratory testing of the seized heroin revealed that most of it contained fentanyl.
PERALTA has been detained since his arrest. On March 24, 2017, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, heroin.
PERALTA, who faces immigration proceedings when he completes his prison term, has agreed not to contest his deportation.
This matter is being investigated by Homeland Security Investigations (HSI), the Hartford Police Department and the Connecticut State Police, with the assistance of the Baldwin County (Ala.) Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
Citizen of Ecuador Pleads Guilty to Passport FraudRead the Press Release
CONCORD, N.H. – Einstin Antonio Cantos, a 39-year-old citizen of Ecuador, has pleaded guilty to passport fraud, announced Acting United States Attorney John J. Farley.
According to court documents filed, in December 2005, Cantos completed an application for a U.S. passport using the name, date of birth, social security number, and other personal identifying information that belong to a United States citizen, “J.S.” The application was submitted to the National Passport Center in Portsmouth, New Hampshire, with passport-sized photographs of Cantos and a certified copy of J.S.’s birth certificate. Relying on the information in the application and the supporting documentation, the Passport Center issued a U.S. passport to Cantos in J.S.’s name.
On March 1, 2013, Cantos completed an application for a U.S. Passport Card, using J.S.’s name and personal identifying information. Relying on the information provided in this application, on March 7, 2013, the National Passport Center issued a U.S. Passport Card in J.S.’s name to Cantos. Law enforcement officers later located the true J.S. and learned that Cantos was the individual who was using the identity of J.S.
Cantos will be sentenced by United States District Court Judge Landya B. McCafferty on December 11, 2017.
The U.S. Department of State’s Diplomatic Security Service investigated the case. Assistant United States Attorney Robert Kinsella is prosecuting the case.
Christus St. Vincent Regional Medical Center and Christus Health to Pay $12.24 Million to Settle Medicaid False Claims Act AllegationsRead the Press Release
ALBUQUERQUE – CHRISTUS St. Vincent Regional Medical Center (St. Vincent) and its partner, CHRISTUS Health (CHRISTUS), have agreed to resolve allegations that they violated the False Claims Act by making illegal donations to county governments, which were used to fund the state share of Medicaid payments to the hospital, the Department of Justice announced today. Under the settlement agreement, St. Vincent and CHRISTUS have agreed to pay $12.24 million, plus interest. St. Vincent is located in Santa Fe, New Mexico. CHRISTUS is based in Irving, Texas.
“Congress expressly intended that states and counties use their own money when seeking federal matching funds,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Using local funds provides an incentive for the counties and states to, among other things, hold down costs rather than rely on non bona-fide donations by private providers.”
New Mexico’s Sole Community Provider (SCP) program, which was discontinued in 2014, provided supplemental Medicaid funds to hospitals in mostly rural communities. The federal government reimbursed the state of New Mexico for approximately 75 percent of its health care expenditures under the SCP program. Under federal law, New Mexico’s 25 percent “matching” share of SCP program payments had to consist of state or county funds, and not impermissible “donations” from private hospitals. This restriction on the use of private hospital funds to satisfy state Medicaid obligations was enacted by Congress to curb possible abuses and ensure that states have sufficient incentive to curb rising Medicaid costs.
Between 2001 and 2009, St. Vincent and CHRISTUS allegedly made non-bona fide donations and thus caused the presentment of false claims by the state of New Mexico to the federal government under the Medicaid program.
“Protecting the integrity of the Medicaid program is crucial because millions of Americans, including hundreds of thousands of New Mexicans, depend on the program for medical care and related services,” said Acting U.S. Attorney James D. Tierney for the District of New Mexico. “This case illustrates our commitment to ensuring that government funds are legally obtained and used for their intended purposes. We will use all available civil remedies to recover the ill-gotten gains obtained by those who defraud government health care programs.”
The settlement resolves allegations originally brought in a lawsuit filed by a former Los Alamos County, New Mexico Indigent Healthcare Administrator under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower will receive $2.249 million as her share of the recovery in this case.
The case was handled by the U.S. Attorney’s Office for the District of New Mexico with assistance from the Justice Department’s Civil Division and the U.S. Department of Health and Human Services Office of Inspector General.
The lawsuit is captioned U.S. ex rel. Stepan v. Christus St. Vincent Regional Medical Center Corp. et al., Civil Action No. 11-cv-572 (D.N.M.). The claims settled by this agreement are allegations only; there has been no determination of liability.
Camden Man Sent Back to Federal Prison on Felon in Possession of Firearm and Ammunition ChargeRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated that Richard Herman Roach, III, age 28, of Camden, was sentenced in federal court after earlier pleading guilty to being a felon in possession of a firearm and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Senior United States District Judge Cameron McGowan Currie, of Columbia, sentenced Roach to a total of 63 months imprisonment with 3 years of supervised release to follow. The sentence consists of 51 months imprisonment on the firearm charge and 12 months imprisonment, to be served consecutively, on a revocation of Roach’s 2010 federal drug conviction.
Evidence presented in court hearing established that at approximately 2:35 am on July 2, 2016, a deputy with the Kershaw County Sheriff’s Department tried to stop a speeding vehicle on Highway 34. The vehicle failed to stop and a chase ensued with speeds up to 100 mph. After the driver lost control trying to make a turn and the vehicle ended up in a ditch, the deputy approached and noticed Roach, the driver and sole occupant, reaching underneath the seat. After removing Roach from the vehicle, the deputy found a loaded Ruger .45 caliber pistol in the front area of the vehicle and a small bag of marijuana in Roach’s front pants pocket. Roach was arrested on state charges. While in transport to the detention center, Roach escaped from deputies, but was apprehended shortly thereafter by a K-9 tracking team.
Roach is prohibited under federal law from possessing firearms and ammunition based upon his prior federal conviction for conspiracy to possess with intent to distribute and to distribute 500 grams or more of cocaine and 5 grams or more of crack cocaine and a prior state conviction for forgery. At the time of the July 2016, incident, Roach was on federal supervised release after previously serving a 60 months’ imprisonment sentence on the drug charge. Roach was released from federal prison in February 2015 and in November 2015, his federal supervised release was revoked and he was sent back to federal prison. He was released again from federal prison in May 2016, two months prior to this incident.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Kershaw County Sheriff’s Office and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
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CHRISTUS St. Vincent Regional Medical Center and CHRISTUS Health to Pay $12.24 Million to Settle Medicaid False Claims Act AllegationsRead the Press Release
CHRISTUS St. Vincent Regional Medical Center (St. Vincent) and its partner, CHRISTUS Health (CHRISTUS), have agreed to resolve allegations that they violated the False Claims Act by making illegal donations to county governments, which were used to fund the state share of Medicaid payments to the hospital, the Department of Justice announced today. Under the settlement agreement, St. Vincent and CHRISTUS have agreed to pay $12.24 million, plus interest. St. Vincent is located in Santa Fe, New Mexico. CHRISTUS is based in Irving, Texas.
“Congress expressly intended that states and counties use their own money when seeking federal matching funds,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Using local funds provides an incentive for the counties and states to, among other things, hold down costs rather than rely on non bona-fide donations by private providers.”
New Mexico’s Sole Community Provider (SCP) program, which was discontinued in 2014, provided supplemental Medicaid funds to hospitals in mostly rural communities. The federal government reimbursed the state of New Mexico for approximately 75 percent of its health care expenditures under the SCP program. Under federal law, New Mexico’s 25 percent “matching” share of SCP program payments had to consist of state or county funds, and not impermissible “donations” from private hospitals. This restriction on the use of private hospital funds to satisfy state Medicaid obligations was enacted by Congress to curb possible abuses and ensure that states have sufficient incentive to curb rising Medicaid costs.
Between 2001 and 2009, St. Vincent and CHRISTUS allegedly made non-bona fide donations and thus caused the presentment of false claims by the state of New Mexico to the federal government under the Medicaid program.
“Protecting the integrity of the Medicaid program is crucial because millions of Americans, including hundreds of thousands of New Mexicans, depend on the program for medical care and related services,” said Acting U.S. Attorney James D. Tierney for the District of New Mexico. “This case illustrates our commitment to ensuring that government funds are legally obtained and used for their intended purposes. We will use all available civil remedies to recover the ill-gotten gains obtained by those who defraud government health care programs.”
The settlement resolves allegations originally brought in a lawsuit filed by a former Los Alamos County, New Mexico Indigent Healthcare Administrator under the qui tam provisions of the False Claims Act, which allow private parties to bring suit on behalf of the government and to share in any recovery. The whistleblower will receive $2.249 million as her share of the recovery in this case.
The case was handled by the U.S. Attorney’s Office for the District of New Mexico with assistance from the Justice Department’s Civil Division and the U.S. Department of Health and Human Services Office of Inspector General.
The lawsuit is captioned U.S. ex rel. Stepan v. Christus St. Vincent Regional Medical Center Corp. et al., Civil Action No. 11-cv-572 (D.N.M.). The claims settled by this agreement are allegations only; there has been no determination of liability.
Brothers Sentenced for Roles in Armored Car RobberyRead the Press Release
Anchorage, Alaska – Acting U.S. Attorney Bryan Schroder announced that Jafari Lewis-Daniel, 22, and his brother, Jarron Lewis-Daniel, 23, of Anchorage, were sentenced yesterday by U.S. District Judge Timothy M. Burgess for their roles in an armored car robbery in December 2014.
Jafari Lewis-Daniel pleaded guilty to aiding and abetting a bank robbery, and was sentenced yesterday to serve 69 months in prison followed by three years of supervised release. Jarron Lewis-Daniel pleaded guilty to misprision of a felony, and was sentenced yesterday to serve 18 months in prison, followed by one year of supervised release.
In mid-December 2015, Jafari Lewis-Daniel met with at least two individuals and learned of a plan to rob an armored car. He allowed his white Impala to be used during the robbery, which occurred on Dec. 23, 2015. At least three individuals drove in his white Impala to a Wells Fargo Bank in Anchorage. After the armored car arrived at the bank to deliver money, two men jumped out of Jafari Lewis-Daniel’s vehicle and approached the armored car drivers. One of the robbers pointed a gun at the armored car driver while a second person grabbed a bag of money that was being delivered to the bank. At least one other individual drove away from the bank in Jafari Lewis-Daniel’s vehicle. total, the robbers stole over $230,000. Following the robbery, Jafari Lewis-Daniel and Jarron Lewis-Daniel met with others involved in the robbery and received a cut of the stolen money.
Federal Bureau of Investigation (FBI) special agents and Anchorage Police Department (APD) detectives analyzed security video from Wells Fargo to identify Jafari Lewis-Daniel’s Impala. Additional investigation identified multiple cash purchases made by the brothers. These included two vehicles and a motorcycle. The brothers also purchased multiple electronic devices, televisions, and jewelry.
Law enforcement officials executed a search of the apartment the brothers shared in January 2015. During the search, FBI agents found a gun and $18,400 in a duffel bag outside Jafari Lewis-Daniel’s bedroom window. Jafari Lewis-Daniel threw this money out the window when he heard police knocking at his door. In Jarron Lewis-Daniel’s room was $26,000 and a gun. In a third bedroom was nearly $50,000 in loose cash.
In pronouncing the sentences, Judge Burgess emphasized the serious of the crime. “This was a serious crime…this was a robbery of an armored car with armed guards. This could have been disastrous,” said Judge Burgess. Judge Burgess also described the impact this crime had on the victims. “This was a life changing event for the people who had guns stuck in their faces,” said Judge Burgess. “[The victims] can’t do the job they did before because they worry they might end up dead. This has real consequences,” said Judge Burgess. Judge Burgess acknowledged that there remained significant questions surrounding the defendants’ involvement in the robbery, including the identity of the other individuals involved.
This case was the product of an investigation by the FBI and APD. Assistant U.S. Attorney Kyle Reardon prosecuted the case.
Bowie Woman Sentenced to Prison for Fraud Scheme and Identity TheftRead the Press Release
ALEXANDRIA, Va. – A Bowie, Maryland woman was sentenced today to 70 months in prison for bank fraud, mail fraud, and aggravated identity theft. The court also ordered Lewis to forfeit and pay over $249,000 in restitution.
According to court documents and evidence presented at trial, Tonia Latrice Lewis, 47, obtained the identities of dozens of victims and used those identities to open bank accounts and apply for loans in the names of the victims, without their knowledge or consent. Lewis submitted over 30 applications to open accounts and get access to funds from various financial institutions, including Pentagon Federal Credit Union, Lafayette Federal Credit Union, U.S. Postal Service Federal Credit Union, Interior Federal Credit Union, D.C. Teachers Federal Credit Union, M&T Bank, and others. Most of the financial institutions that Lewis defrauded were not-for-profit credit unions.
According to court documents and evidence presented at trial, Lewis took sophisticated steps to perpetrate the years-long scheme and conceal her identity. Lewis focused on financial institutions that allowed her to apply for and submit back-up documentation online, thereby minimizing the risk that she would be caught on surveillance video. Lewis fabricated a variety of fraudulent documents to substantiate the applications and stolen identities, including paystubs and driver’s licenses, and she paid to run detailed credit reports/checks on her victims. In perpetrating this scheme, Lewis created fake email accounts, purchased burner phones that were used as the contact numbers on the fraudulent applications, and caused the victims’ mail to be forwarded to vacant/abandoned properties. When Lewis went to withdraw funds from the fraudulent accounts, she often wore clothing such as hats, glasses, or scarves that obscured her face, and even took steps to cover up surveillance cameras by covering them with aluminum foil.
Lewis sought over $600,000 in loans and financing, and her actions caused actual losses of $249,858.29. Lewis used the proceeds from the fraud in part to purchase jewelry, items of clothing, and to gamble at a casino in West Virginia.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Robert B. Wemyss, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; and J. Thomas Manger, Montgomery County Chief of Police, made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton. Assistant U.S. Attorney Katherine L. Wong and Special Assistant U.S. Attorney Michael Culhane Harper of the Criminal Division’s Fraud Section 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 are 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-25.
Big Island Capital Fraudster Charged with Operating Million Dollar Ponzi SchemeRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced federal criminal charges against JEREMY RICHARD LUNDIN, 30, for operating a Ponzi scheme through which he stole more than $1 million from individual investors. LUNDIN, who was charged via a criminal information, will make his initial appearance in U.S. District Court at a later date.
According to the information, from approximately December 2014 until May 2017, LUNDIN claimed that he conducted “options trading” through his company Big Island Capital. LUNDIN worked through a network of associates and friends to solicit investors to invest with Big Island Capital by promising those potential investors exponential growth through options trading. LUNDIN solicited more than $1 million from investors, but instead of using the funds for options trading, LUNDIN spent investors’ money to fund his and his wife’s lavish lifestyle.
According to the information, as part of the scheme, LUNDIN provided victim investors with written materials relating to his purported investment strategy. Through these materials, LUNDIN claimed that the goal of Big Island Capital was to “generate profits with options trading” and that while he could not “guarantee” an exact percent, he would “shoot for” returns of between 40 percent and 80 percent. LUNDIN also entered into contract agreements with victim investors. These agreements, titled, “Big Island Capital Investment Advisory Agreement,” purported that the assets of Big Island’s account would be held for safekeeping in a brokerage account. LUNDIN regularly represented that the value of the account was several hundred thousand dollars. For example, “Welcome Packet” materials LUNDIN sent to a new victim investor on November 24, 2015, claimed that the firm’s capital was then $730,000 when, in reality, LUNDIN did not even open the brokerage account until December 21, 2015.
According to the information, in order to appear legitimate and promote his scheme, LUNDIN created phony account statements. He also provided victim investors with online access to fictitious quarterly statements and purportedly “up to date” information about the rate of growth and the market value of the accounts, which commonly and falsely showed double-digit gains. As part of the scheme, LUNDIN directed his victim investors to make their checks payable to “Big Island Capital,” he would then deposit those checks into a bank account he had established in the company’s name. Between May 2015 and May 2017, at least $992,000 was deposited into that account. During roughly the same time period, however, LUNDIN transferred $933,950 from the business account directly into his and his wife’s personal checking account. LUNDIN and his wife used the majority of those investor funds on personal expenses including travel, luxury automobiles, a boat, jewelry, retail purchases, and more than $366,000 in credit card payments.
This case is the result of an investigation conducted by the Criminal Investigation Division of the IRS, Federal Bureau of Investigation, United States Postal Inspection Service, and Minnesota Department of Commerce Fraud Bureau.
Assistant United States Attorney Amber M. Brennan is prosecuting the case.
Defendant Information:
JEREMY RICHARD LUNDIN, 30
Mound, Minn.
Charges:
- Mail fraud, 1 count
- Money laundering – transaction involving fraud proceeds, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the information are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
Bay County Sex Offender Sentenced to 15 Years in PrisonRead the Press Release
PANAMA CITY, FLORIDA – Michael Ray Alford, 50, of Youngstown, Florida, was sentenced yesterday to 180 months in prison after a jury convicted him on June 20, 2017, of receipt and possession of child pornography. Alford had been previously convicted in the Northern District of Florida of a child pornography offense in 2002. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
In 2014, a Montana retailer reported to law enforcement officers that someone had called their store and stated an intent to commit sexual acts on a minor. Through records, officers discovered the call was made from Alford’s Bay County residence. During a forensic review of computers discovered at the residence, officers located images and online search terms of child pornography. In addition, child pornography was discovered in Alford’s e-mail account.
The case was investigated by the United States Immigration and Customs Enforcement Homeland Security Investigations, the Walton County Sheriff’s Office, the Bay County Sheriff’s Office, the Hamilton (Montana) Police Department, and the North Florida Internet Crimes Against Children Task Force. The case was prosecuted by Assistant United States Attorney Jeffrey M. Tharp.
U.S. Attorney Canova said: “Protecting our children from exploitation is a top priority of my office and the Department of Justice. Every day, our hardworking prosecutors and law enforcement professionals seek to protect our innocent victims, keep our communities safe, and bring child predators to justice.”
“This case is an example of the great work that can be done when local and federal law enforcement agencies work together,” said Tampa HSI Special Agent in Charge James C. Spero, “This child predator will be now be held accountable for his crimes.”
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Armed Career Criminal Sentenced to 235 Months in Federal PrisonRead the Press Release
Memphis, TN – Bobby McKinley, 27, of Memphis was sentenced to 235 months in federal prison for being a convicted felon in possession of a firearm. Lawrence J. Laurenzi, Acting U.S. Attorney for the Western District of Tennessee, announced the sentence today.
According to information presented in court, on February 9, 2016, at approximately 7:19 p.m. Memphis Police Officers observed the defendant operating a gold Honda Accord heading westbound on Vollintine with the bright lights on and facing incoming traffic. Law enforcement conducted a traffic stop and noticed the strong smell of marijuana emanating from the vehicle.
The defendant produced a Tennessee ID card. After checking their data base, MPD discovered that his driver’s license had been suspended. While searching the car, officers found a pill bottle containing 100 Alprazolam pills and a loaded Ruger .45 caliber pistol.
On August 31, 2017, the Honorable Sheryl H. Lipman sentenced McKinley, who had four prior violent felonies, as an armed career criminal to 235 months’ imprisonment and 3 years supervised release to begin after his incarceration.
This case was investigated by Project Safe Neighborhoods, the Memphis Police Department and the U.S. Attorney’s Office, who all work jointly to address gun-related crimes through aggressive investigation and prosecution.
Assistant U.S. Attorney J.William Crow prosecuted this case on the government’s behalf.
"Home Front": Spartanburg Domestic Violence Initiative Nets Another Firearms Guilty Plea in Federal CourtRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Hector Tavoris Gonzalez, age 30, of Wellford, pled guilty in federal court in Greenville to a single-count indictment charging violations of felon in possession of a firearm and possession of a firearm after sustaining a conviction for a misdemeanor crime of domestic violence. United States District Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Gonzalez has prior prohibiting convictions to include a prior convictions for domestic violence, and therefore, is prohibited under federal law from possessing firearms or ammunition. He faces a maximum sentence of ten years in federal prison and remains in custody.
Evidence presented at the guilty plea hearing established that on September 11, 2016, shortly after midnight, officers with the Spartanburg Police Department (SPD) responded to Westview Blvd in reference to a man firing a gun at a woman. At the scene, the victim relayed to officers that a male, later identified as Hector Gonzalez, had a gun. A witness also told officers that they saw Gonzalez shooting a black handgun at the female victim in a parking lot. SPD recovered three .40 caliber shell casings from the parking lot. Two additional shell casings were located in the street.
In a detailed statement to SPD, the victim relayed that she and Gonzalez had gotten into an argument that led to a physical altercation. After the altercation, Gonzalez fired shots towards the vehicle that the victim was driving. Several bullet holes were observed in the vehicle. The victim also told officers that Gonzalez threw the gun aside when he saw SPD approaching. SPD searched the area and located a Glock .40 caliber pistol in the yard of a residence one house south of where the victim was contacted.
The prosecution of Gonzalez’s case in federal court is a direct result of “Home Front,” a focused deterrence-based initiative to combat domestic violence led by 7th Circuit Solicitor Barry Barnette. The initiative launched in December of 2016 and has the full support and partnership of the U.S. Attorney’s Office. This case and others are being prosecuted by Special Assistant United States Attorney Jennifer Wells, who is a 7th Circuit Assistant Solicitor specially designated by the United States Attorney’s Office to handle cases from the Seventh Circuit.
Modelled after a program started in High Point, North Carolina, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office. The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort. According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts.
Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior. According to the 2015 Violence Policy Center “When Men Murder Women” report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew. In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.
Solicitor Barnette has had enough. “Domestic violence is violence, period. It continues to plague our community--so costly and harmful to families and children, persisting year after year. It is time for these offenders to get our best shot—our best efforts. That is Home Front.”
United States Attorney Beth Drake agrees. “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms (ATF) welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community. The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing. Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”
The Spartanburg Police Department and ATF investigated the Gonzalez case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.
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"Home Front": Spartanburg Domestic Violence Initiative Nets Another Firearms Guilty Plea in Federal CourtRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Herbert Daniel Fitch, age 48, of Simpsonville, pled guilty in federal court in Greenville to a single-count indictment charging violations of felon in possession of a firearms and ammunition and possession of firearms and ammunition after sustaining a conviction for a misdemeanor crime of domestic violence. United States District Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a pre-sentence report. Fitch has prior prohibiting convictions to include three prior convictions for domestic violence, and therefore, is prohibited under federal law from possessing firearms or ammunition. He faces a maximum sentence of ten years in federal prison and remains in custody.
Evidence presented at the guilty plea hearing established that on July 28, 2016, members of the Spartanburg County Sheriff’s Office (SCSO) responded to a 911 call from the Caroline Inn and Suites where sounds of a woman screaming as well as a possible gunshot sound were captured. Upon their arrival, SCSO found the disturbance to be coming from Room 212 where they encountered Herbert Fitch with a gun in his waistband. As SCSO heard additional commotion from inside Room 212, Fitch fled. SCSO quickly located Fitch attempting to leave the hotel in a vehicle. After Fitch disregarded SCSO’s commands for him to stop the vehicle, SCSO used stop sticks to deflate Fitch’s tires. Fitch remained uncooperative though until he eventually surrendered to law enforcement. SCSO recovered two rounds of 9mm ammunition and a knife from the vehicle. Fitch was also out on bond when this conduct occurred for another pending criminal domestic violence arrest from 2015.
The prosecution of Fitch’s case in federal court is a direct result of “Home Front,” a focused deterrence-based initiative to combat domestic violence led by 7th Circuit Solicitor Barry Barnette. The initiative launched in December of 2016 and has the full support and partnership of the U.S. Attorney’s Office. This case and others are being prosecuted by Special Assistant United States Attorney Jennifer Wells, who is a 7th Circuit Assistant Solicitor specially designated by the United States Attorney’s Office to handle cases from the Seventh Circuit. Modelled after a program started in High Point, North Carolina, members of the Home Front task force began earlier this fall, meeting with representatives from every police department in Spartanburg county as well as the Sheriff’s Office. The Spartanburg County State Probation office and victim’s advocate stalwart, SAFE Homes, also serve as critical partners in this effort.
According to the Center for Disease Control and Prevention, domestic violence is a community crime problem that costs the United States over $5.8 billion every year. It is a major drain on law enforcement resources as domestic violence generates a high volume of calls and repeated calls to the same location. Domestic violence homicides make up 40–50 percent of all murders of women in the United States. Women who have experienced a history of domestic violence report more health problems than other women and they have a greater risk for substance abuse, unemployment, alcoholism, and suicide attempts. Research shows that the repeat domestic violence offender tends to have a significant criminal history that includes a wide range of both domestic violence and non-domestic violence offenses. Most of these offenders are readily identified as they are known to the criminal justice system. The Home Front initiative exposes the repeat domestic violence offender to sanctions because of his pattern of criminal behavior.
According to the 2015 Violence Policy Center “When Men Murder Women” report, South Carolina led the nation in rates of women murdered by men. Sixty-six percent (66%) of the victims were killed with a firearm and ninety-six percent (96%) of women murdered were killed by someone they knew. In Spartanburg County during the 2015 calendar year, SAFE Homes serviced 6726 victims of domestic violence. In the same time frame, the Spartanburg Police Department charged 907 domestic violence cases and the Spartanburg County Sheriff’s Office charged 1068 domestic violence cases. There were fourteen (14) domestic related deaths in Spartanburg County in 2015.
Solicitor Barnette has had enough. “Domestic violence is violence, period. It continues to plague our community--so costly and harmful to families and children, persisting year after year. It is time for these offenders to get our best shot—our best efforts. That is Home Front.”
United States Attorney Beth Drake agrees. “The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco and Firearms (ATF) welcome the opportunity to partner with Solicitor Barnette and state law enforcement, and to use federal gun laws to pull violent offenders who are abusing their families and loved ones out of the community. The goal is simple – stop the abuse, or swift and sure, the full force of a coordinated law enforcement effort will come to bear to stop you from abusing. Home Front takes the burden of addressing abusers from the victims and shifts it to us – a very engaged group of local, state, and federal law enforcement.”
The Spartanburg Police Department and ATF investigated the Fitch case. Seventh Circuit Assistant Solicitor Jennifer Wells, serving as a Special Assistant United States Attorney for the U.S. Attorney’s Office, is prosecuting the case.
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Thursday 31 August 2017
Virginia Department of Transportation Officials and Snow Removal Contractors Arrested for Bribe SchemeRead the Press Release
ALEXANDRIA, Va. – Two Virginia Department of Transportation (VDOT) officials and four private VDOT contractors were arrested today for their alleged involvement in a bribery scheme involving the awarding of over $9.1 million in snow removal contracts.
According to allegations in the indictment, from as early as 2013, Anthony Willie and Kenneth Duane Adams, VDOT supervisors at the Burke Area Headquarters (AHQ), secretly used their official positions as employees of the VDOT Burke AHQ to enrich themselves by soliciting and accepting cash bribes in exchange for various favorable official acts, such as awarding snow removal work to local trucking companies during winter snow storms in the northern Virginia area.
According to the allegations in the indictment, Willie and Adams negotiated bribe agreements with several owners and operators of trucking and snow removal companies, including Rolando Alfonso Pineda Moran, Shaheen Sariri, and John Lee Williamson (see table below), seeking snow removal work from the VDOT Burke AHQ. At their core, each agreement stated that the company owners would provide a percentage or a flat rate of their hourly contracts as bribes in the form of cash payments to Willie and Adams, in exchange for being awarded snow removal work and having Willie and Adams sign off on their VDOT invoices. Beginning in the 2013‑2014 snow season and continuing through at least the 2015‑2016 snow season, Willie and Adams received approximately $140,000 in cash bribes from the company owners under those agreements.
The indictment also alleges that from 2011 through 2016, Adams conspired with Elmer Antonio Mejia by negotiating an agreement whereby Mejia would sub-contract snow removal work out to Adams’ nominee-owned company, Supreme Landscaping. During this period, Mejia paid Adams more than $160,000, frequently disguising the payments as pay for snow removal work allegedly performed by Adams’ nominee-owned company.
The indictment charges six defendants for the following offenses:
Name, Age
Hometown
Charges
Max Penalty
(per count)
Anthony “Andy” Willie, 54,
Culpeper, Virginia
Conspiracy; Honest Services Mail and Wire Fraud
20 years
Kenneth “Kenny” Duane Adams, 41, Fairfax, Virginia
Conspiracy; Honest Services Mail Fraud
20 years
Rolando Alfonso Pineda Moran, 50, Alexandria, Virginia
Conspiracy; Honest Services Mail Fraud
20 years
Shaheen “Shane” Sariri, 30,
Fairfax, Virginia
Conspiracy; Honest Services Mail Fraud
20 years
John Lee Williamson, 51,
Springfield, Virginia
Conspiracy; Honest Services Wire Fraud
20 years
Elmer Antonio Mejia, 50,
Aldie, Virginia
Conspiracy; Honest Services Mail Fraud
20 years
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 Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement. Assistant U.S. Attorneys Kimberly R. Pedersen and Samantha P. Bateman are prosecuting the case.
This case involved a joint investigation by the FBI’s Washington Field Office, Virginia State Police, and Fairfax County Police Department. Additional assistance was provided by the Virginia Department of Transportation’s Office of Assurance and Compliance.
Any person who believes they may have information regarding public corruption or fraud in the northern Virginia area is encouraged to call the FBI’s Northern Virginia Public Corruption Hotline at 703-686-6225 or e-mail tips to [email protected].
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-188.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
U.S. Nuclear Engineer Sentenced to Serve Twenty-Four Months in Federal Prison for Violating the Atomic Energy ActRead the Press Release
KNOXVILLE, Tenn. – On August 31, 2017, Szuhsiung Ho, aka Allen Ho, 66, a naturalized U.S. citizen, was sentenced by the Honorable Thomas A. Varlan, Chief U.S. District Judge, to serve 24 months in prison and one year of supervised release. Upon his release, he will be supervised by U.S. Probation for one year. He was also order to pay a fine of $20,000.
Ho pleaded guilty in January 2017 to conspiracy to unlawfully engage or participate in the production or development of special nuclear material outside the United States, without the required authorization from the U.S. Department of Energy (DOE), in violation of the Atomic Energy Act.
An April 2016 indictment charged Ho; China General Nuclear Power Company (CGNPC), the largest nuclear power company in China, and Energy Technology International (ETI), a Delaware corporation with these offenses. At the time of his indictment, Ho was a nuclear engineer, employed as a consultant by CGNPC and was also the owner of ETI. CGNPC specialized in the development and manufacture of nuclear reactors and was controlled by China’s State-Owned Assets Supervision and Administration Commission.
According to documents filed in the case, beginning in 1997 and continuing through April 2016, Ho conspired with others to engage or participate in the development or production of special nuclear material in China, without specific authorization to do so from the U.S. Secretary of Energy, as required by law. He assisted CGNPC in procuring U.S.-based nuclear engineers to assist CGNPC and its subsidiaries with designing and manufacturing certain components for nuclear reactors more quickly by reducing the time and financial costs of research and development of nuclear technology. In particular, Ho sought technical assistance related to CGNPC’s Small Modular Reactor Program; CGNPC’s Advanced Fuel Assembly Program; CGNPC’s Fixed In-Core Detector System; and verification and validation of nuclear reactor-related computer codes.
Under the direction of CGNPC, Ho also identified, recruited, and executed contracts with U.S.-based experts from the civil nuclear industry who provided technical assistance related to the development and production of special nuclear material for CGNPC in China. Ho and CGNPC also facilitated the travel to China and payments to the U.S.-based experts in exchange for their services.
“The U.S. Attorney’s office is committed to working to ensure that sensitive and controlled technology is not illegally obtained and exported from the United States,” said U.S. Attorney Nancy Stallard Harr. “Violations of our export control laws will be aggressively prosecuted in the Eastern District of Tennessee.”
“Today, Allen Ho is being held accountable for enlisting U.S.-based nuclear experts to provide assistance in developing and producing special nuclear material in China for a Chinese state-owned nuclear power company. He did so without the required authorization from the U.S. Department of Energy,” said Acting Assistant Attorney General Boente. “Prosecuting those who unlawfully facilitate the acquisition of sensitive nuclear technology by foreign nations continues to be a top priority of the National Security Division.”
“Theft of our nuclear technology by foreign adversaries is of paramount concern to the FBI. Along with our local, state and, federal partners, we will aggressively investigate those who seek to steal our technology for the benefit of foreign governments,” said FBI Knoxville Special Agent in Charge, Renae McDermott.
This case was investigated by the FBI, Tennessee Valley Authority - Office of the Inspector General, DOE-National Nuclear Security Administration and U.S. Immigration and Customs Enforcement Homeland Security Investigations, with assistance from other agencies. Assistant U.S. Attorneys Charles E. Atchley Jr. and Bart Slabbekorn of the Eastern District of Tennessee, and Trial Attorney Casey T. Arrowood of the Counterintelligence and Export Control Section and Attorney Jeffrey M. Smith of the Appellate Unit in the National Security Division, represented the United States.
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U.S. Nuclear Engineer Sentenced to 24 Months in Prison for Violating the Atomic Energy ActRead the Press Release
Szuhsiung Ho, aka Allen Ho, 66, a naturalized U.S. citizen born in Taiwan, was sentenced today to 24 months in prison and one year of supervised release. Ho was also ordered to pay a $20,000 fine. The defendant pleaded guilty in January 2017 to conspiracy to unlawfully engage or participate in the production or development of special nuclear material outside the U.S., without the required authorization from the U.S. Department of Energy (DOE), in violation of the Atomic Energy Act.
Acting Assistant Attorney General for National Security Dana J. Boente, U.S. Attorney Nancy Stallard Harr of the Eastern District of Tennessee and Special Agent in Charge Renae McDermott of the FBI’s Knoxville Field Division made the announcement.
“Today, Allen Ho is being held accountable for enlisting U.S.-based nuclear experts to provide assistance in developing and producing special nuclear material in China for a Chinese state-owned nuclear power company. He did so without the required authorization from the U.S. Department of Energy,” said Acting Assistant Attorney General Boente. “Prosecuting those who unlawfully facilitate the acquisition of sensitive nuclear technology by foreign nations continues to be a top priority of the National Security Division.”
“The U.S. Attorney’s office is committed to working to ensure that sensitive and controlled technology is not illegally obtained and exported from the United States,” said U.S. Attorney Harr. “Violations of our export control laws will be aggressively prosecuted in the Eastern District of Tennessee.”
“Theft of our nuclear technology by foreign adversaries is of paramount concern to the FBI. Along with our local, state and federal partners, we will aggressively investigate those who seek to steal our technology for the benefit of foreign governments,” said Special Agent in Charge McDermott.
An April 2016 indictment charged Ho; China General Nuclear Power Company (CGNPC), the largest nuclear power company in China and Energy Technology International (ETI), a Delaware corporation with these offenses. At the time of his indictment, Ho was a nuclear engineer, employed as a consultant by CGNPC and was also the owner of ETI. CGNPC specialized in the development and manufacture of nuclear reactors and was controlled by China’s State-Owned Assets Supervision and Administration Commission.
According to documents filed in the case, beginning in 1997 and continuing through April 2016, Ho conspired with others to engage or participate in the development or production of special nuclear material in China, without specific authorization to do so from the U.S. Secretary of Energy, as required by law. He assisted CGNPC in procuring U.S.-based nuclear engineers to assist CGNPC and its subsidiaries with designing and manufacturing certain components for nuclear reactors more quickly by reducing the time and financial costs of research and development of nuclear technology. In particular, Ho sought technical assistance related to CGNPC’s Small Modular Reactor Program; CGNPC’s Advanced Fuel Assembly Program; CGNPC’s Fixed In-Core Detector System; and verification and validation of nuclear reactor-related computer codes.
Under the direction of CGNPC, Ho also identified, recruited and executed contracts with U.S.-based experts from the civil nuclear industry who provided technical assistance related to the development and production of special nuclear material for CGNPC in China. Ho and CGNPC also facilitated the travel to China and payments to the U.S.-based experts in exchange for their services.
This case was investigated by the FBI, Tennessee Valley Authority-Office of the Inspector General, DOE-National Nuclear Security Administration and U.S. Immigration and Customs Enforcement Homeland Security Investigations, with assistance from other agencies. Assistant U.S. Attorneys Charles E. Atchley Jr. and Bart Slabbekorn of the Eastern District of Tennessee, and Trial Attorney Casey T. Arrowood of the Counterintelligence and Export Control Section and Attorney Jeffrey M. Smith of the Appellate Unit in the National Security Division prosecuted this case.
U.S. District Court Enters Judgment Against Fugitive and Surety in Fentanyl Distribution CaseRead the Press Release
SAN FRANCISCO – The U.S. District Court for the Northern District of California entered judgment against fugitive defendant Candelaria Dagandan Vazquez and her surety Candelaria Antoinette Sapp in the amount of $50,000, announced United States Attorney Brian J. Stretch. The Honorable Susan Illston, U.S. District Judge entered the judgment after the defendant failed to appear for court proceedings.
On June 21, 2016, a federal grand jury indicted Vazquez, 39, of Richmond, Calif., for conspiracy to distribute fentanyl and for distribution and possession with intent to distribute fentanyl, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The complaint authorizing Vazquez’s arrest by federal authorities alleges that Vazquez and her co-defendant Kia Zolfaghari manufactured and sold counterfeit oxycodone pills online that were laced with fentanyl, a powerful opiate. Following her arrest, Vazquez was released on a pretrial bond of $50,000 co-signed by her daughter, Sapp, guaranteeing Vazquez’s appearance.
Vazquez absconded from her residence in Richmond, where she was required to reside, in April 2017, and failed to appear at her scheduled status conference on May 19, 2017. A warrant has been issued for her arrest. She remains a fugitive.
The federal court therefore entered judgment on the bond against both Vazquez and her surety, Sapp, in the amount of $50,000. The entry of judgment essentially means the entire amount is due and payable immediately to the United States government. Further, pursuant to the terms of the bond, if the amount remains unpaid, the government retains the right to place liens on property owned by Sapp and to garnish Sapp’s wages to satisfy the judgment.
At the hearing on the government’s motion to enter judgment on the bond, which was held on August 25, 2017, the federal court observed that it retains the power to set aside some or all of the judgment against Sapp if Vazquez turns herself in or is arrested.
Vazquez’s co-defendant Kia Zolfaghari fled in April 2017 as well, and failed to appear at a hearing scheduled for a change of his plea. A warrant has issued for his arrest, and he remains a fugitive. The government’s motion to enter judgment on Zolfaghari’s bond against both Zolfaghari and his surety Behrooz Zolfaghari is scheduled to be heard on October 27, 2017.
Tyler County man admits to illegal possession of firearmsRead the Press Release
WHEELING, WEST VIRGINIA – Jamie Villono, of Sistersville, West Virginia, admitted to illegally possessing firearms, Acting United States Attorney Betsy Steinfeld Jividen announced.
Villono, age 36, pled guilty to one count of “Felon in Possession of a Firearm.” Villono, having previously been convicted of breaking and entering in Tyler County Circuit Court, admitting to having in his possession a 30-30 caliber rifle, a.22 caliber rifle, a.22-250 caliber rifle, and a .223 caliber rifle. The crime occurred in October 2016 in Tyler County.
Villono faces up to ten years and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Tyler County Sheriff’s Office investigated.
U.S. Magistrate Judge James E. Seibert presided.Two Men Sentenced for Conspiracy to Distribute Crack Cocaine in Paris, KentuckyRead the Press Release
LEXINGTON, Ky. — Aaron T. Shakir, 36, and Tracey M. Thomas, 51, both of Paris, Ky., were sentenced today by United States District Judge Danny C. Reeves, for conspiring to distribute 28 grams of more of crack cocaine in Paris, during June and July 2016. Shakir was sentenced to 35 years in prison and Thomas was sentenced to 12 years in prison.
In May 2017, a federal jury found Shakir guilty of the drug conspiracy charge and substantive drug distribution charges. Shakir was also found guilty of illegally possessing a firearm during his drug trafficking. The jury convicted Shakir after a two-day trial. Thomas pleaded guilty, in May 2017, and admitted to conspiring with Shakir to distribute the crack cocaine.
Under federal law, Shakir and Thomas must serve 85 percent of their prison sentences. Upon release, both Shakir and Thomas will be under the supervision of the United States Probation Office for eight years.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky; Stuart Lowery, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Richard Sanders, Commissioner, Kentucky State Police (KSP), jointly announced the sentence.
The investigation was conducted by the ATF and the KSP. The United States was represented by Assistant United States Attorneys Robert M. Duncan, Jr., and Cynthia T. Rieker.
Tuscaloosa Man Indicted for Possessing Firearm after Multiple Felony ConvictionsRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Tuscaloosa man for illegally possessing a firearm because of several previous felony convictions, announced U.S. Attorney Jay E. Town and federal Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Steven L. Gerido.
An indictment filed in U.S. District Court charges HOWARD ALLEN JEMISON JR., 32, as a convicted felon in possession of a Sarsilmaz (Sar Arms) 9mm pistol on June 27 in Tuscaloosa County. According to the indictment, Jemison has the following prior felony convictions: unlawful possession of a controlled substance and first-degree unlawful possession of marijuana, 2005, Tuscaloosa County Circuit Court; third-degree robbery, 2007, Tuscaloosa County Circuit Court; felon in possession of a firearm, 2011, U.S. District Court Northern District of Alabama; first-degree unlawful possession of marijuana, 2012, Tuscaloosa County Circuit Court; and first-degree unlawful possession of marijuana, 2017, Tuscaloosa County Circuit Court.
The maximum penalty for felon in possession of a firearm is 10 years in prison and a $250,000 fine.
ATF investigated the case, which Assistant U.S. Attorney Michael A. Royster is prosecuting.
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Three Individuals Indicted in Nevada for Allegedly Stealing More Than $1 Million in Tax RefundsRead the Press Release
A federal grand jury in Las Vegas, Nevada returned an indictment charging three individuals with stealing more than $1 million in refunds from the Internal Revenue Service (IRS), announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
The indictment charges Chanh V. Trinh, Cannedy Trinh, and Elizabeth Trinh with conspiring to file fraudulent claims for tax refunds and theft of government funds. Chanh V. Trinh is also charged with filing false claims for tax refunds, mail fraud and aggravated identity theft.
According to the indictment, Chanh V. Trinh, Cannedy Trinh, and Elizabeth Trinh were residents of Las Vegas, who allegedly conspired to file federal corporate and individual income tax returns reporting fake income and income tax withholdings and as a result, obtained more than $1 million in refunds to which they were not entitled. The indictment alleges that the fraudulent returns were filed in the names of the defendants and others, including a long-deceased family member and fictitious businesses. Months after filing a fraudulent return, the defendants would allegedly file a fraudulent amended return requesting an additional refund. The indictment alleges that Chanh V. Trinh prepared and filed the returns, and that all three defendants deposited or cashed the fraudulently obtained refund checks using multiple bank accounts, brokerage accounts, and check-cashing businesses in Las Vegas. The indictment alleges that the defendants frequently concealed the funds by purchasing cashier’s checks to obtain gambling chips at casinos.
If convicted, the defendants face a statutory maximum sentence of 10 years in prison for the conspiracy count and each of the theft of government funds counts. Chanh V. Trinh also faces a statutory maximum sentence of 20 years in prison for each of the mail fraud counts, five years in prison for each of the false claims counts and a mandatory minimum sentence of two years in prison for each of the aggravated identity theft counts. The defendants also face a period of supervised release, restitution and monetary penalties.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Myhre thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Thomas W. Flynn and Eric C. Schmale of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Three Individuals Indicted in Nevada for Allegedly Stealing More Than $1 Million in Tax RefundsRead the Press Release
LAS VEGAS, Nev. – A federal grand jury in Las Vegas, Nevada returned an indictment on Wednesday charging three individuals with stealing more than $1 million in refunds from the Internal Revenue Service (IRS), announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
The indictment charges Chanh V. Trinh, Cannedy Trinh, and Elizabeth Trinh with conspiring to file fraudulent claims for tax refunds and theft of government funds. Chanh V. Trinh is also charged with filing false claims for tax refunds, mail fraud, and aggravated identity theft.
According to the indictment, Chanh V. Trinh, Cannedy Trinh, and Elizabeth Trinh were residents of Las Vegas, who allegedly conspired to file federal corporate and individual income tax returns reporting fake income and income tax withholdings and as a result, obtained more than $1 million in refunds to which they were not entitled. The indictment alleges that the fraudulent returns were filed in the names of the defendants and others, including a long-deceased family member and fictitious businesses. Months after filing a fraudulent return, the defendants would allegedly file a fraudulent amended return requesting an additional refund. The indictment alleges that Chanh V. Trinh prepared and filed the returns, and that all three defendants deposited or cashed the fraudulently obtained refund checks using multiple bank accounts, brokerage accounts, and check-cashing businesses in Las Vegas. The indictment alleges that the defendants frequently concealed the funds by purchasing cashier’s checks to obtain gambling chips at casinos.
If convicted, the defendants face a statutory maximum sentence of 10 years in prison for the conspiracy count and each of the theft of government funds counts. Chanh V. Trinh also faces a statutory maximum sentence of 20 years in prison for each of the mail fraud counts, five years in prison for each of the false claims counts and a mandatory minimum sentence of two years in prison for each of the aggravated identity theft counts. The defendants also face a period of supervised release, restitution and monetary penalties.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Myhre thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Thomas W. Flynn and Eric C. Schmale of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
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Three Individuals Charged in Stolen Identity Tax Refund Fraud ConspiracyRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jonathan Jacome, age 27, of Mountain Top, Pennsylvania, Cindy Jacome, age 28, of West Hazelton, Pennsylvania, and Melissa Castiglione, age 30, of Mountain Top, were indicted on August 8, 2017, by a federal grand jury on fraud, aggravated identity theft, money laundering, and obstruction charges. The case was unsealed on August 30, 2017.
According to United States Attorney Bruce D. Brandler, the superseding indictment alleges that Jonathan Jacome used stolen identities to file fraudulent tax returns in 2011 and 2012, and obtained over $6 million in fraudulent federal tax refunds. Jacome owned three check cashing businesses through which he processed the fraudulently obtained Treasury checks. The superseding indictment charges Jonathan Jacome with 31 counts including conspiracy to defraud the United States with respect to claims, false fictitious, and fraudulent claims, theft of public money, aggravated identity theft, and conspiracy to commit wire fraud.
Cindy Jacome and Melissa Castiglione are alleged to have conspired with Jonathan Jacome to launder the proceeds of his fraudulent activities. The superseding indictment further alleges that Castiglione and Cindy Jacome obstructed the investigation and that Cindy Jacome committed perjury, all stemming from false, evasive, and misleading testimony before the grand jury.
The case was investigated by the U.S. Internal Revenue Service and the Hazelton City Police Department and is being prosecuted by Assistant U.S. Attorney Sean A. Camoni.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum total penalties under federal law for this offense is 183 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Three FCI Aliceville Inmates Indicted for Assaulting Other InmatesRead the Press Release
BIRMINGHAM – A federal grand jury today indicted three inmates at the women’s Federal Correctional Institution in Aliceville for assaulting other inmates, announced U.S. Attorney Jay E. Town and FBI Special Agent in Charge Johnnie Sharp Jr.
The grand jury returned separate indictments involving two assaults at the prison in May. One three-count indictment filed in U.S. District Court charges MIREYA GARCIA-ROMO, 34, and MARIBEL GOMEZ-MEZA, 31, in connection with a May 13 assault on another inmate using a weapon made of razor blades. Garcia-Romo and Gomez-Meza are charged with acting in concert to commit an assault that resulted in serious bodily injury, committing an assault with a dangerous weapon that resulted in serious bodily injury, and possessing contraband for having a handmade object consisting of four razor blades wrapped together and secured with tape.
A second three-count indictment charges MICHELLE VASQUEZ-YADO, 35, for assaulting a fellow inmate on May 17 with a broken piece of mirror designed for use as a weapon. The indictment charges Vasquez-Yado with assault resulting in serious bodily injury, assault with a dangerous weapon that resulted in serious bodily injury and possessing contraband by having the mirror fragment intended for use as a weapon.
The maximum penalty for assault resulting in bodily injury is 10 years in prison and a $250,000 fine. The maximum penalty for possessing contraband in prison is five years, which must be served consecutively to the sentence being served when the crime was committed, and a $250,000 fine.
The FBI investigated the cases, which Assistant U.S. Attorney Pat Meadows is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
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Tips on Avoiding Fraudulent Chartiable Contribution SchemesRead the Press Release
BATON ROUGE, LA - The National Center for Disaster Fraud reminds the public to be aware of and report any instances of alleged fraudulent activity related to relief operations and funding for victims. Unfortunately, criminals can exploit disasters, such as Hurricane Harvey, for their own gain by sending fraudulent communications through email or social media and by creating phony websites designed to solicit contributions.
Tips should be reported to the National Center for Disaster Fraud at (866) 720-5721. The line is staffed 24 hours a day, seven days a week. Additionally, e-mails can be sent to [email protected], and information can be faxed to (225) 334-4707.
The U.S. Department of Justice established the National Center for Disaster Fraud to investigate, prosecute, and deter fraud in the wake of Hurricane Katrina, when billions of dollars in federal disaster relief poured into the Gulf Coast region. Its mission has expanded to include suspected fraud from any natural or manmade disaster. More than 30 federal, state, and local agencies participate in the National Center for Disaster Fraud, which allows the center to act as a centralized clearinghouse of information related to disaster relief fraud.
The public should remember to perform due diligence before giving contributions to anyone soliciting donations or individuals offering to provide assistance to those affected by the tornadoes. Solicitations can originate from social media, e-mails, websites, door-to-door collections, flyers, mailings, telephone calls, and other similar methods.
Before making a donation of any kind, consumers should adhere to certain guidelines, including:
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Do not respond to any unsolicited (spam) incoming e-mails, including clicking links contained within those messages, because they may contain computer viruses.
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Be skeptical of individuals representing themselves as members of charitable organizations or officials asking for donations via e-mail or social networking sites.
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Beware of organizations with copy-cat names similar to but not exactly the same as those of reputable charities.
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Rather than follow a purported link to a website, verify the legitimacy of nonprofit organizations by utilizing various Internet-based resources that may assist in confirming the group’s existence and its nonprofit status.
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Be cautious of e-mails that claim to show pictures of the disaster areas in attached files because the files may contain viruses. Only open attachments from known senders.
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To ensure contributions are received and used for intended purposes, make contributions directly to known organizations rather than relying on others to make the donation on your behalf.
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Do not be pressured into making contributions; reputable charities do not use such tactics.
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Be aware of whom you are dealing with when providing your personal and financial information. Providing such information may compromise your identity and make you vulnerable to identity theft.
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Avoid cash donations if possible. Pay by credit card or write a check directly to the charity. Do not make checks payable to individuals.
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Legitimate charities do not normally solicit donations via money transfer services. Most legitimate charities’ websites end in .org rather than .com.
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Sure Shot Gun Store Owner Bradley Ries Sentenced to Prison for Federal Firearms ViolationsRead the Press Release
DAVENPORT, IA – On August 30, 2017, Bradley James Ries, 51, the owner of the Sure Shot Gun Shop in Clinton, Iowa, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger to two concurrent six-month prison terms for the transfer of a firearm without a National Instant Criminal Background Check, and knowingly making a false statement required by firearms law, announced United States Attorney Kevin E. VanderSchel. Ries will serve one year of supervised release following his imprisonment, to include an additional six months of home confinement, a $5,500 fine, and a $50 special assessment to the Crime Victims’ Fund. At sentencing, Judge Goodgame Ebinger emphasized these violations were more than just bookkeeping errors, and were knowing violations of federal firearms laws.
On December 20, 2014, Ries submitted a firearm transfer request using the National Instant Background Check System (NICS). Licensed dealers are required to have purchasers fill out Form 4473 prior to submitting a NICS request under federal firearms regulations. Knowing the purported purchaser was a felon, Ries failed to have the purchaser fill out a Form 4473 for the firearm purchase. Although NICS denied the transaction, Ries called and informed the felon he could purchase firearms. On February 4, 2015, a federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agent contacted Ries and requested the required Form 4473 transaction. Ries falsely claimed gun bluing chemical was spilled on the form.
In April of 2015, ATF conducted a federal firearms compliance inspection at Sure Shot and noted several violations. In September of 2015, ATF held a warning conference in Des Moines and again discussed these violations with Ries.
On November 4, 2015, Ries sold a Taurus Circuit Judge .45/.410 caliber rifle to a prohibited person. Ries transferred the firearm prior to obtaining sale authorization from NICS. NICS denied the purchase based on the buyer having a no contact order, which prohibited this buyer from purchasing firearms under federal law. When contacted by an ATF agent on or about December 14, 2015, Ries falsely claimed the firearm transfer to this buyer involved a Remington 870 20-gauge shotgun. Ries also faxed certain pages of a purported Form 4473 for an apparent Remington 870 20-gauge shotgun purchase by this buyer, but the form’s information was false.
In January of 2016, Ries directed the prohibited buyer of the Taurus Circuit Judge .45/.410 caliber rifle to provide false information to the ATF. In February of 2016, after being warned by an ATF agent it was a federal crime to make a false statement to the agent, Ries again falsely stated this buyer wanted to purchase a Remington 870 shotgun and was upset when the transaction was denied. In April of 2016, after a search warrant at Sure Shot, Ries admitted he had lied to federal agents.
As part of his plea agreement, and as ordered by the District Court as a supervised release condition, Ries agreed to: surrender his Federal Firearm’s License (FFL), and to not reapply for a FFL, or serve as a responsible person or officer of any federal firearm’s licensee; not apply through any individuals or corporations presently holding any listed licenses, through the officers or directors of such corporations, or through any surrogates acting on behalf of any entities or individuals holding the license; and, not to deal in firearms or obtain employment with a business whose primary business is the sale, distribution, use, or firing of firearms following the surrender of his FFL or aid, abet or otherwise conspire with others to actually or constructively possess firearms or ammunition.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Jason Griess at 515-473-9300, or by emailing him at Jason.Griess@usdoj.gov.
Steubenville Man Sentenced to 74 Months for Running Heroin RingRead the Press Release
COLUMBUS, Ohio – David McShan, 39, of Steubenville, Ohio, was sentenced in U.S. District Court to 74 months in prison and eight years of supervised release for his role in running a Steubenville-area heroin-trafficking ring.
McShan and his brother, Frederick A. McShan, 37, were each convicted following a weeklong jury trial in March.
Specifically, Frederick McShan was convicted of one count of conspiracy to possess with intent to distribute more than one kilogram of heroin, 12 counts of possession with intent to distribute heroin and one count of conspiracy to commit money laundering. David McShan was also convicted of one count of conspiracy to possess with intent to distribute more than one kilogram of heroin and one count of possession with intent to distribute heroin.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), Jefferson County Prosecutor Jane M. Hanlin and members of the Jefferson County Drug Task Force and the Hancock-Brooke-Weirton Drug Task Force announced the sentence handed down today by Chief U.S. District Judge Edmund A. Sargus, Jr.
According to court documents and testimony, the McShan brothers helped lead a drug organization that was responsible for street-level heroin sales in Steubenville, Ohio, including in the Market Street apartment public housing area, Weirton, W.Va., Wheeling, W.Va. and Bellaire, Ohio.
A yearlong investigation in this case by local, state and federal law enforcement culminated in the seizure of eight firearms, three vehicles and approximately $110,000 of narcotics proceeds.
Seven co-defendants in this case have pleaded guilty and been sentenced. They include:
Donae F. Grier, 38, of Irving, Texas, who was sentenced to 60 months in prison;
Christopher J. Bishop, 32, of Weirton, W.Va., who was sentenced to 120 months in prison;
Kerris D. Moncrease, 32, of Weirton, W.Va., who was sentenced to 42 months in prison;
Perrier D. Coleman, 21, of Steubenville, Ohio, who was sentenced to 15 months in prison;
Terrence L. Smith, 27, of Steubenville, Ohio, who was sentenced to 87 months in prison;
Michael K. Greathouse, 25, of Steubenville, Ohio, who was sentenced to 100 months in prison and
Erica L. Jury, 37, of Steubenville, Ohio, who was sentenced to time served.
Frederick McShan is scheduled for sentencing on October 12 at 1:30pm.
U.S. Attorney Glassman commended the cooperative efforts of law enforcement, as well as Deputy Criminal Chief Michael Hunter, and Special Assistant United States Attorney Jane M. Hanlin who are prosecuting the case.
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South Carolina Man Sentenced to 171/2 Years for Transporting Minors Across State Lines to Engage in Criminal Sexual ActivityRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Max O. Cogburn, Jr. sentenced yesterday a South Carolina man to 17 ½ years in prison and a lifetime of supervised release, on the charge of interstate transportation of a minor with the intent to engage in criminal sexual activity, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. As part of his sentence, Joseph Harold Patterson, 58, of Anderson, S.C. was also ordered to register on the sex offender registry, to pay a $20,000 court fine and $4,538.42 as restitution.
Chief Ranger Steven Kloster of the Great Smoky Mountains National Park Service joins
U.S. Attorney Rose in making today’s announcement.“Mr. Patterson has received a well-deserved lengthy prison sentence for abusing these young men. Some say there is a special place in hell for child abusers and we cannot promise Mr. Patterson will receive that just punishment, but we can guarantee that he will receive a place in the federal penitentiary and for now, that’s the best we can do,” said U.S. Attorney Rose.
“We are thankful to see justice prevail and hope that the individuals impacted by these despicable crimes are able to find some measure of solace in Mr. Patterson’s punishment,” said Great Smoky Mountains National Park Chief Ranger Steven Kloster.
According to court documents and information introduced at the sentencing hearing, in April 2015, a concerned parent contacted law enforcement to report that his child had been the victim of inappropriate sexual activity by Patterson, and that the conduct had occurred during camping trips arranged by the defendant. Court records show that between 2009 and 2011, Patterson had made at least three camping trips transporting at least three minor victims from Anderson, S.C. to the Smokemont Campground, located within the Great Smoky Mountains National Park. Court records also show that Patterson knew the minors through his affiliation with a church in Anderson. According to court records, during the camping trips Patterson encouraged the minors to engage in sexual activities in his presence. At times, Patterson also exposed himself to the minors and/or engaged in sexual activities in front of the minors.In addition to the out-of-state camping trips, court records show that Patterson had regular contact with the three victims and other children in his own home. During those encounters, Patterson gave the minors alcohol, shared pornography, discussed sexual topics and encouraged them to engage in sexual activities. Patterson also bought gifts for some of the children and took them out to restaurants, among other things. Court records show that on one occasion, Patterson attended an evening church event, during which he showed pornography to three minor children and encouraged them to engage in a sexual activity in the church bathroom.
Patterson pleaded guilty in February 2017 to one count of interstate transportation of a minor to engage in sexual activity. Patterson is currently in the custody of the United States Marshal pending his designation to a Federal Bureau of Prisons facility. All federal sentences are served without the possibility of parole.
In making today’s announcement U.S. Attorney Rose commended the National Park Service Investigative Services Branch for leading the investigation. U.S. Attorney Rose also thanked the Anderson Police Department in South Carolina and the South Carolina Attorney General’s Office for their assistance in this case. The U.S. Attorney’s Office in Asheville prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children. By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
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South Carolina Man Sentenced to 17 1/2 Years for Transporting Minors Across State Lines to Engage Criminal Sexual ActivityRead the Press Release
ASHEVILLE, N.C. – U.S. District Judge Max O. Cogburn, Jr. sentenced yesterday a South Carolina man to 17 ½ years in prison and a lifetime of supervised release, on the charge of interstate transportation of a minor with the intent to engage in criminal sexual activity, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. As part of his sentence, Joseph Harold Patterson, 58, of Anderson, S.C. was also ordered to register on the sex offender registry, to pay a $20,000 court fine and $4,538.42 as restitution.
Chief Ranger Steven Kloster of the Great Smoky Mountains National Park Service joins U.S. Attorney Rose in making today’s announcement.
“Mr. Patterson has received a well-deserved lengthy prison sentence for abusing these young men. Some say there is a special place in hell for child abusers and we cannot promise Mr. Patterson will receive that just punishment, but we can guarantee that he will receive a place in the federal penitentiary and for now, that’s the best we can do,” said U.S. Attorney Rose.
“We are thankful to see justice prevail and hope that the individuals impacted by these despicable crimes are able to find some measure of solace in Mr. Patterson’s punishment,” said Great Smoky Mountains National Park Chief Ranger Steven Kloster.
According to court documents and information introduced at the sentencing hearing, in April 2015, a concerned parent contacted law enforcement to report that his child had been the victim of inappropriate sexual activity by Patterson, and that the conduct had occurred during camping trips arranged by the defendant. Court records show that between 2009 and 2011, Patterson had made at least three camping trips transporting at least three minor victims from Anderson, S.C. to the Smokemont Campground, located within the Great Smoky Mountains National Park. Court records also show that Patterson knew the minors through his affiliation with a church in Anderson. According to court records, during the camping trips Patterson encouraged the minors to engage in sexual activities in his presence. At times, Patterson also exposed himself to the minors and/or engaged in sexual activities in front of the minors.
In addition to the out-of-state camping trips, court records show that Patterson had regular contact with the three victims and other children in his own home. During those encounters, Patterson gave the minors alcohol, shared pornography, discussed sexual topics and encouraged them to engage in sexual activities. Patterson also bought gifts for some of the children and took them out to restaurants, among other things. Court records show that on one occasion, Patterson attended an evening church event, during which he showed pornography to three minor children and encouraged them to engage in a sexual activity in the church bathroom.
Patterson pleaded guilty in February 2017 to one count of interstate transportation of a minor to engage in sexual activity. Patterson is currently in the custody of the United States Marshal pending his designation to a Federal Bureau of Prisons facility. All federal sentences are served without the possibility of parole.
In making today’s announcement U.S. Attorney Rose commended the National Park Service Investigative Services Branch for leading the investigation. U.S. Attorney Rose also thanked the Anderson Police Department in South Carolina and the South Carolina Attorney General’s Office for their assistance in this case. The U.S. Attorney’s Office in Asheville prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children. By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Sentencings for August 24 & 31, 2017Read the Press Release
Frisnel Guerrier, 38, of Randolph, Massachusetts, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on August 31, 2017, for possession with intent to distribute 50 kilograms or more of marijuana. Guerrier was arrested in Cheyenne, Wyoming. He received time served, to be followed by three years of supervised release, was ordered to pay a $10.00 special assessment and restitution in the amount of $1,000.00. This case was investigated by the Wyoming Highway Patrol and the Wyoming Division of Criminal Investigation.
Victor Manuel Pol-Ventura, 28, of Joyabaj, Guatemala, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on August 31, 2017, for illegal re-entry of a previously deported alien into the United States. Pol-Ventura was arrested in Jackson, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Bruce Michael Latorre, 54, of Ferndale, California, was sentenced by Federal District Court Judge Scott W. Skavdahl on August 24, 2017, for interstate travel in aid of racketeering enterprise and for conspiracy to distribute marijuana. Latorre received 24 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $200.00 special assessment and restitution in the amount of $1,800.00. This case was investigated by the U.S. Department of Homeland Security, Homeland Security Investigations.
Sally López Martínez Sentenced to 9 Years in Prison for Wire Fraud, Bribery and ExtortionRead the Press Release
SAN JUAN, Puerto Rico–Today, U.S. District Court Judge Pedro A. Delgado-Hernández sentenced former Administrator of the Commonwealth of Puerto Rico’s “Administración de Desarrollo Laboral” (Workforce Development Administration) Sally López-Martínez to 9 years of imprisonment and 2 years of supervised release for committing offenses against the US government, announced U.S. Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez- Vélez. The investigation was led by the Federal Bureau of Investigation’s (FBI) Public Corruption Squad.
López-Martínez was found guilty on October 7, 2016, after a 25-day jury trial. She was originally indicted in December 2015 along with nine other defendants, on charges of conspiracy to commit federal programs bribery and honest services wire fraud, wire fraud, federal program bribery, extortion through fear of economic harm, money laundering, false declarations before a grand jury, and obstruction of justice. A jury found López-Martínez guilty of Count One, Conspiracy to Commit Federal Programs Fraud and Wire Fraud; Count Two, Conspiracy to Commit Honest Services Wire Fraud; Counts Three to Five, Honest Services Wire Fraud; and Count Eleven, Receipt of a Bribe by Agent of an Organization Receiving Federal Funds.
In the same trial, Ivonne M. Falcón Nieves, her sister Marielis Falcón Nieves, and Glenn O. Rivera Pizarro were found guilty of all charges and are awaiting sentencing. Prior to the trial, six other defendants had pleaded guilty.
At trial co-defendant Anaudi Hernández-Pérez testified that he and his co-conspirators utilized their government influence to receive an unfair competitive advantage over their competitors, obtained many contracts with different entities from the Government of Puerto Rico, and enriched themselves.
“Today, a former public servant was sentenced to prison for using her position of power in government for unjust enrichment,” said U.S. Attorney Rosa Emilia Rodríguez-Vélez. “This defendant was entrusted with performing her duties honestly and ethically. While hundreds of government employees live up to that important duty every day, we will hold accountable those few who run afoul of the law.”
The case was investigated by the FBI’s San Juan Division. The case was prosecuted by First Assistant U.S. Attorney Timothy Henwood and José Capó Iriarte, Chief of the Criminal Division and Assistant US Attorney Susan Z. Jorgensen.
Ringleader of crew that broke into gun stores and stole 340 guns sentenced to ten years in prisonRead the Press Release
ATLANTA - Devonnaire Coffey has been sentenced to ten years in federal prison. Coffey, often assisted by others he recruited, broke into 14 gun stores in Georgia, North Carolina, and South Carolina, and stole 340 guns. Coffey then sold the stolen firearms out of motel rooms to willing buyers.
“Coffey endangered the public by stealing firearms and selling them to whoever had the money to buy them,” said U.S. Attorney John Horn. “His return to gun stores he had already broken into shows a complete lack of fear and, importantly, that his desire for personal gain outweighed any concerns he may have had for the safety of citizens both in this community and elsewhere.”
“ATF’s central objective is ensuring the safety of our communities. In order to accomplish this mission, ATF will aggressively and acutely target individuals who seek to diminish the general welfare of our citizens through violence, narcotics sales and firearms trafficking. Criminals must understand there are serious repercussions for illegally obtaining, possessing and trafficking firearms,” said Assistant Special Agent in Charge John Schmidt, Atlanta Field Division.
According to U.S. Attorney Horn, the charges and other information presented in court: Coffey broke into 14 stores that sold firearms in Georgia, North Carolina, and South Carolina, and stole 340 guns. He also attempted to break into six other stores. Coffey and others then sold those stolen guns in various communities. The defendant planned these burglaries, recruited others to help him, and then sold the stolen guns from a motel room after the thefts. He used various methods of entry to include throwing rocks through windows and welding torches to burn through locks on doors.
Coffey burglarized some dealerships multiple times including one location in Elberton twice, one in Canton twice, and one in McDonough twice and attempted a third burglary at the same two dealerships in Canton and McDonough, but ultimately was unsuccessful.
Firearms stolen by Coffey have been discovered by law enforcement as far away as Chicago and Washington, D.C. Not all of them have been recovered. Firearms stolen by the defendant ended up in the hands of convicted felons, have been used in shootings, and carried by drug dealers.
Devonnaire Coffey, 26, of Augusta, Georgia, was convicted of conspiracy to steal firearms from licensed gun dealers, theft of firearms from licensed gun dealers, and possession and sale of stolen firearms after he pleaded guilty on May 18, 2017. He was sentenced to ten years in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $51,128.89.
This case was being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Henry County, Georgia Police Department, Rocky Mount, North Carolina Police Department, Charlotte-Mecklenburg, North Carolina Police Department, Holly Springs, Georgia Police Department, Rock Hill, South Carolina Police Department, and the ATF Regional Anti-Gang Enforcement (RAGE) Unit. RAGE is a joint gang/violent crime task force with members from ATF, North Augusta Department of Public Safety, Aiken County Sheriff’s Office, Aiken Department of Public Safety, Richmond County Sheriff’s Office and the South Carolina Law Enforcement Division.
Assistant U.S. Attorneys Jennifer Keen and Stephanie E. Gabay-Smith prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Red Scaffold Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Red Scaffold, South Dakota, man has been indicted by a federal grand jury for Assault by Strangulation and Suffocation, and Assault Resulting in Substantial Bodily Injury to an Intimate Partner.
Tyrell Chasing Hawk, age 31, was indicted on August 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on August 25, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on May 9, 2017, Chasing Hawk unlawfully assaulted his intimate partner by strangling and suffocating her, or attempting to do so, with the said injury resulting in substantial bodily injury to the victim.
The charges are merely accusations and Chasing Hawk is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Chasing Hawk was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Rapid City Man Charged with Attempted Enticement of a Minor Using the InternetRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man was charged in federal district court with Attempted Enticement of a Minor Using the Internet.
Timothy George Bender, age 54, was charged on July 27, 2017. Bender appeared before U.S. Magistrate Judge Daneta Wollmann on July 28, 2017, and pleaded not guilty to the charge. The penalty upon conviction is 10 years up to life in prison and/or a $250,000 fine, a minimum of 5 years up to lifetime supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Bender attempting to entice a minor girl to meet with him, who he believed to be 15 years old. The charge is merely an accusation and Bender is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Internet Crimes Against Children Taskforce. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Bender was released pending trial, which is scheduled for November 28, 2017.