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Thursday 31 August 2017
Postal Clerk Indicted for Using Money Order Sales to Steal Postal FundsRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a former postal clerk for corrupting the sale of U.S. Postal Money Orders for her personal benefit, announced U.S. Attorney Jay E. Town and U.S. Postal Inspector Frank Dyer.
An indictment filed in U.S. District Court charges MITESHIA SHONTA PRITCHETT, 33, of Bessemer, with two counts of misappropriating postal funds while she worked as a clerk at the Shannon Post Office in 2016. The indictment also charges Pritchett with six counts of issuing money orders without receiving full payment for their face value so that she and others could fraudulently receive money from the Postal Service.
On both July 27, 2016, and Aug. 1, 2016, Pritchett converted to her own use $2,600 given to her as a Postal Service employee for money order purchases, according to the indictment. On other dates in July 2016, Pritchett issued three money orders to herself, one to Alabama Child Support and one to JEM, LLC, without receiving full payment for them, according to the indictment. Those six money orders totaled $2,797.
The maximum penalty for misappropriating U.S. Postal funds is 10 years in prison and a $250,000 fine. The maximum penalty for improperly issuing money orders is five years in prison and a $250,000 fine.
The U.S. Postal Inspection Service investigated the case, which Assistant U.S. Attorney Davis Barlow is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
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Pleasants County man admits to methamphetamine chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA - Glenn Edgor Pryor, of St. Marys, West Virginia, pled guilty today to a methamphetamine distribution charge, Acting United States Attorney Betsy Steinfeld Jividen announced.
Pryor, age 60, was pled guilty to one count of “Distribution of Methamphetamine.” He admitted to selling methamphetamine in Pleasants County in July 2016.
Pryor faces up to 20 years incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The West Virginia State Police and the Pleasants County Sheriff’s Office investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Pain Management Doctor Pleads Guilty in Health Care Fraud CaseRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced today that Dr. Rassan M. Tarabein, 58, a neurologist residing in Fairhope, Alabama, pled guilty before Chief United States District Judge Kristi K. DuBose to one count of health care fraud and one count of unlawful distribution of a schedule II controlled substance. As part of his plea agreement, Dr. Tarabein will no longer be able to practice medicine and prescribe controlled substances in the United States. Chief Judge DuBose has scheduled sentencing for March 2, 2018. Dr. Tarabein faces up to ten years in prison for health care fraud and up to twenty years in prison for unlawfully distributing a controlled substance.
On June 28, 2017, a federal grand jury for the Southern District of Alabama returned a 22–count superseding indictment against Dr. Tarabein, charging him with health care fraud, making false statements relating to health care matters, lying to a federal agent, unlawfully distributing schedule II controlled substances, and money laundering. He was arrested two days later.
Dr. Tarabein previously operated the Eastern Shore Neurology and Pain Center, a private clinic in Daphne, Alabama where he offered services relating to neurology and pain management, such as spinal injections. In his plea agreement, Dr. Tarabein admitted that from around 2004 to May 2017, he ran an insurance scam in which he induced patients to visit his clinic so that he could bill health care benefit programs for medically unnecessary tests and procedures. The purpose of Dr. Tarabein’s admitted scheme was to maximize personal financial gain by fraudulently seeking payments from health care benefit programs such as Medicare, Medicaid, Blue Cross Blue Shield of Alabama, Humana, UnitedHealthcare, and other private insurers. As part of his guilty plea, Dr. Tarabein admitted to violating the traditional standards of care in his medical practice by, for example, failing to provide informed consent to patients about procedures, discriminating against Alabama Medicaid patients in services rendered, fraudulently documenting patient records, submitting false claims to insurance companies, and issuing prescriptions for schedule II controlled substances without a legitimate medical purpose.
Dr. Tarabein has pending state criminal charges in Montgomery County, Alabama. On June 16, 2017, a state grand jury returned a 2–count indictment against Dr. Tarabein, charging him with Medicaid fraud and theft of property in the first degree, each a felony offense. On September 20, 2017, Dr. Tarabein is expected to plead guilty in state court to Medicaid fraud.
Acting United States Attorney Butler stated, “Today’s guilty plea reinforces our office’s dedication to protecting the public from corrupt physicians. Doctors who exploit patients through medically unnecessary services to line their own pockets have no place in our health care system. I commend the investigators who unraveled Dr. Tarabein’s scam for their commitment to uproot health care fraud.”
Attorney General Steve Marshall stated, “I am pleased that my Medicaid Fraud Control Unit had the opportunity to team with our federal law enforcement colleagues to investigate and bring to justice this defendant who not only violated his oath to his patients, but stole taxpayer money set aside to provide care for our most vulnerable citizens. I am grateful to the U.S. Attorney’s Office for the Southern District of Alabama for its speedy resolution of the federal charges, as this defendant is held to account for his actions.”
Federal Bureau of Investigation (FBI) Special Agent in Charge Robert E. Lasky stated, “The FBI stands ready to work alongside our state, local, and federal partners to eliminate prescription drug abuse. When doctors place money before the well-being of their patients, this task becomes nearly impossible. This guilty plea is a testament to all the hard work and cooperation between the agencies that conducted this investigation.”
“The abuse of prescription drugs is a serious problem in our communities. All too often, this abuse leads to addiction, shattered lives, and even death. For the health and safety of our citizens, DEA and our law enforcement partners will continue to target those who illegally distribute these potentially dangerous drugs. We hope that the conviction of Dr. Tarabein serves as a reminder to anyone who might illegally divert pharmaceuticals that they will be held accountable for the harm they cause,” said Stephen G. Azzam, Special Agent in Charge of DEA’s New Orleans Field Division.
“Today’s plea should serve as a wake-up call to those who intend to bill the government for medically unnecessary services and thereby enriching their own bottom line,” said Special Agent in Charge Derrick L. Jackson of the U.S. Department of Health and Human Services Office of Inspector General (OIG). “The nation is facing a very serious prescription drug crisis and the OIG, along with our state and federal law enforcement partners, take allegations such as these very seriously.”
The FBI, DEA, OIG, and Alabama Medicaid Fraud Control Unit are investigating the federal case. Assistant United States Attorneys Sinan Kalayoglu and Gregory A. Bordenkircher are prosecuting the federal case in coordination with the Office of the Alabama Attorney General, Medicaid Fraud Control Unit. Assistant Attorney General Bruce M. Lieberman is prosecuting the state case.
Owner of Engineering Firms and CPA Charged with Tax CrimesRead the Press Release
HONOLULU – A federal grand jury has returned an indictment charging two individuals with tax crimes including concealing income and assets, obstructing the Internal Revenue Service (IRS) from assessing and collecting taxes, and filing false tax returns, announced Acting United States Attorney Elliot Enoki and Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
The indictment charges Wagdy A. Guirguis, the owner of various engineering firms, and Michael H. Higa, his accountant, with conspiring to defraud the IRS. The indictment further charges Guirguis with filing false corporate tax returns, failing to file a corporate tax return, evading his individual income tax liabilities, corruptly endeavoring to obstruct the IRS, and tampering with a grand jury witness. Higa is also charged with aiding and assisting in the filing of false corporate and individual tax returns.
According to the indictment, Guirguis owned and operated GMP Associates Inc. and several other businesses (GMP) that provided engineering services. Higa, a certified public accountant, allegedly served as the controller of the GMP entities and prepared individual tax returns for Guirguis as well as corporate tax returns for some of the GMP entities.
The indictment charges that, beginning in 2005, Guirguis and Higa conspired to defraud the IRS by impeding its ability to assess Guirguis’s and GMP’s income tax liabilities and obstructing its ability to collect GMP’s unpaid employment taxes. According to the indictment, the IRS assessed approximately $812,000 in GMP’s unpaid employment taxes against Guirguis personally. The indictment alleges that the IRS attempted to collect the unpaid employment taxes – filing notices of federal tax liens, levying bank accounts and serving notices of levy to third parties who owed money to Guirguis. To thwart the IRS’s collection activity, Guirguis and Higa allegedly transferred funds from GMP to a nominee entity that Guirguis secretly controlled through Higa. The indictment further alleges that Guirguis fraudulently transferred ownership of a luxury condominium to his wife and used the nominee entity to divert approximately $1.5 million for his and his wife’s personal benefit. After an IRS revenue officer questioned the condominium transfer, Guirguis and Higa allegedly instructed a bookkeeper to alter the books and records of the nominee entity to conceal that he had diverted funds for his personal benefit.
The indictment further charges that Guirguis did not report more than $3 million of GMP’s gross receipts and filed false individual tax returns that did not report approximately $465,000 of the income he diverted through the nominee entity. He is also charged with attempting to tamper with a witness during the course of the grand jury’s investigation and corruptly endeavoring to obstruct and impede the IRS, by among other things, making false statements to an IRS revenue officer and special agents.
If convicted, Guirguis and Higa each face a statutory maximum sentence of five years in prison for engaging in the conspiracy. Guirguis also faces a statutory maximum prison sentence of five years for each of the tax evasion counts, three years for each of the false returns counts, three years for the corrupt endeavor count, one year for the failure-to-file count, and 20 years for the witness tampering count. Higa also faces a statutory maximum prison sentence of three years for each of the aiding and assisting counts. In addition, Guirguis and Higa each face a period of supervised release, restitution, and monetary penalties.
An indictment is a mere accusation, and not evidence of guilt.. Individuals charged in indictments are presumed innocent unless and until proven guilty beyond a reasonable doubt.
Acting U.S. Attorney Enoki and Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Senior Litigation Counsel John E. Sullivan and Trial Attorney Anahi Cortada of the Tax Division, and Assistant U.S. Attorney Rebecca A. Perlmutter, who are prosecuting the case.
Owner of Engineering Firms and CPA Charged in Hawaii with Tax CrimesRead the Press Release
A federal grand jury in the District of Hawaii returned an indictment charging a businessman and his accountant with tax crimes including allegedly concealing income and assets to obstruct Internal Revenue Service (IRS) collection, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Elliot Enoki for the District of Hawaii.
The indictment charges Wagdy A. Guirguis and Michael H. Higa with conspiring to defraud the IRS. The indictment further charges Guirguis with filing false corporate tax returns, failing to file a corporate tax return, evading his individual income tax liabilities, corruptly endeavoring to obstruct the IRS and tampering with a grand jury witness. Higa is also charged with aiding and assisting in the filing of false corporate and individual tax returns.
According to the indictment, Guirguis owned and operated GMP Associates Inc. and several other businesses (GMP) that provided engineering services. Higa, a certified public accountant, allegedly served as the controller of the GMP entities and prepared individual tax returns for Guirguis as well as corporate tax returns for some of the GMP entities.
The indictment charges that, beginning in 2005, Guirguis and Higa conspired to defraud the IRS by impeding its ability to assess Guirguis’s and GMP’s income tax liabilities and obstructing its ability to collect GMP’s unpaid employment taxes. According to the indictment, the IRS assessed approximately $812,000 in GMP’s unpaid employment taxes against Guirguis personally. The indictment alleges that the IRS attempted to collect the unpaid employment taxes – filing notices of federal tax liens, levying bank accounts and serving notices of levy to third parties who owed money to Guirguis. To thwart the IRS’s collection activity, Guirguis and Higa allegedly transferred funds from GMP to a nominee entity that Guirguis secretly controlled through Higa. The indictment further alleges that Guirguis fraudulently transferred ownership of a luxury condominium to his wife and used the nominee entity to divert approximately $1.5 million for his and his wife’s personal benefit. After an IRS revenue officer questioned the condominium transfer, Guirguis and Higa allegedly instructed a bookkeeper to alter the books and records of the nominee entity to conceal that he had diverted funds for his personal benefit.
The indictment further charges that Guirguis did not report more than $3 million of GMP’s gross receipts and filed false individual tax returns that did not report approximately $465,000 of the income he diverted through the nominee entity. He is also charged with attempting to tamper with a witness during the course of the grand jury’s investigation and corruptly endeavoring to obstruct and impede the IRS, by among other things, making false statements to an IRS revenue officer and special agents.
If convicted, Guirguis and Higa each face a statutory maximum sentence of five years in prison for engaging in the conspiracy. Guirguis also faces a statutory maximum prison sentence of five years for each of the tax evasion counts, three years for each of the false returns counts, three years for the corrupt endeavor count, one year for the failure‑to‑file count, and 20 years for the witness tampering count. Higa also faces a statutory maximum prison sentence of three years for each of the aiding and assisting counts. In addition, Guirguis and Higa each face a period of supervised release, restitution, and monetary penalties.
An indictment is not a finding of guilt. Individuals charged in indictments are presumed innocent until proven guilty beyond a reasonable doubt.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Enoki thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Senior Litigation Counsel John E. Sullivan and Trial Attorney Anahi Cortada of the Tax Division, and Assistant U.S. Attorney Rebecca A. Perlmutter, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Orono Woman Pleads Guilty to Social Security FraudRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Amanda Harding a/k/a “Amanda Grass,” 32, of Orono, Maine, pleaded guilty today in U.S. District Court to social security fraud.
According to court records, the defendant began receiving Supplemental Security Income (“SSI”) payments in 2006. SSI benefits are paid by the Social Security Administration (“SSA”) to disabled adults and children who have limited income and resources. The defendant was living in Maine when she first obtained SSI benefits. Between 2006 and 2016, the defendant was repeatedly informed that she needed to report any change of address to the SSA. On October 8, 2011, the defendant married a Canadian citizen, moved to Brunswick, Canada, and applied for Canadian citizenship. She resided in Canada from October 2011 through February 2016. The defendant did not inform SSA of her change of address and illegally obtained over $26,000 in SSI benefits. During an interview with law enforcement agents, the defendant admitted that she understood if she told SSA that she moved to Canada her SSI benefits would be significantly reduced.
The defendant faces up to five years in prison and a $250,000 fine. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by SSA’s Office of Inspector General, U.S. Customs and Immigration Enforcement’s Homeland Security Investigations, and the Canadian Border Patrol
One Man Arrested, Three Others Convicted for Securities Fraud Conspiracy Involving Mercer County Pharmaceutical CompanyRead the Press Release
NEWARK, N.J. - One man was arrested and three others pleaded guilty today for their roles in an insider trading scheme that profited from yet-to-be public information concerning a pharmaceutical company that developed a drug to treat cancer, Acting U.S. Attorney William E. Fitzpatrick announced.
Daniel Perez, 28, of Yardley, Pennsylvania, was arrested this morning and charged by complaint with one count of conspiracy to commit securities fraud. He is scheduled to appear this afternoon before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court.
Evan Kita, 27, of Yardley, pleaded guilty today before U.S. District Judge Michael A. Shipp to an information charging him with one count of conspiracy to commit securities fraud and one count of securities fraud. Richard Yu, 27, and his father, Chiang Yu, 55, both of Pennington, New Jersey, also pleaded guilty today before Judge Shipp to separate informations charging them each with one count of securities fraud. All three were released on $150,000 unsecured bond.
According to documents filed in the case and statements made in court:
Celator Pharmaceuticals Inc. (Celator) was a biopharmaceutical company headquartered in Ewing Township, New Jersey, that developed the drug Vyxeos to treat acute myeloid leukemia. In December 2012, Celator began Phase 3 clinical trials for Vyxeos, the results of which were highly confidential within the company. On March 14, 2016, Celator issued a press release announcing that the clinical trial results were positive.
Prior to the March 2016 announcement, Kita, who was a Celator employee from June 2013 through April 2016, learned that the Vyxeos clinical trials had produced positive results. Kita then shared that information with Perez and Richard Yu, who both traded on the information.
On May 31, 2016, Celator and Jazz Pharmaceuticals PLC (Jazz) – a publicly-traded company headquartered in Dublin, Ireland – announced that they had entered an agreement for Jazz to purchase Celator in a transaction valued at approximately $1.5 billion. Jazz completed the acquisition of Celator in 2016, and now operates Celator as a wholly-owned subsidiary.
Kita learned of the potential acquisition prior to the public announcement from two close friends who still worked at Celator. Again, Kita shared the information with Perez and Richard Yu, who both traded on the information. Richard Yu, in turn, shared the information with Chiang Yu, who also traded on the information and agreed to share the profits with Kita.
Kita admitted that the gain resulting from his insider trading scheme was more than $250,000, but not more than $550,000. Chiang Yu admitted that the gains associated with his offense were more than $95,000, but not more than $150,000. Richard Yu admitted that the gains associated with his offense were $200,070.29.
The conspiracy to commit securities fraud counts carry a maximum potential penalty of five years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. The securities fraud counts carry a potential penalty of 20 years in prison and a $5 million fine. Sentencing for Kita, Richard Yu, and Chiang Yu is set for Dec. 5, 2017.
The charge and allegations against Perez are merely accusations, and he is presumed innocent unless and until proven guilty.
The U.S. Securities and Exchange Commission (SEC) filed a civil complaint against all four defendants today.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation. He also thanked the SEC for the assistance provided by its Market Abuse Unit, under the direction of Joseph Sansone and Robert Cohen, and its Philadelphia Regional Office, under the direction of G. Jeffrey Boujoukos.
The government is represented by Assistant U.S. Attorney Daniel Shapiro of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
This case is part of efforts underway by the Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
Defense counsel:
Perez: Louis R. Busico Esq., Newton, Pennsylvania
Kita: Robert Heim Esq., New York
Richard Yu: Rubin Sinins Esq., Springfield, New Jersey
Chiang Yu: Kristen Santillo Esq., Newark, New Jersey
Non-Indian Man from Taos County Sentenced for Assaulting an Indian Woman in Taos PuebloRead the Press Release
ALBUQUERQUE – Yvon Juteau, 32, a non-Indian man who resides in Rancho de Taos, N.M., was sentenced this afternoon in federal court in Albuquerque, N.M., to 30 months in prison for his conviction on an assault charge. Juteau will be on supervised release for three years after completing his prison sentence.
Juteau was arrested on Sept. 23, 2016, on an indictment charging him with assaulting an Indian man and an Indian woman resulting in serious bodily injury on July 10, 2013, on Taos Pueblo in Taos County, N.M.
On May 10, 2017, Juteau pled guilty to the indictment and admitted that on July 10, 2013, he drove a motor vehicle recklessly, causing a crash that seriously injured an Indian woman.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Taos Pueblo Tribal Police Department and was prosecuted by Assistant U.S. Attorney Joseph M. Spindle.
New Orleans Man Sentenced for Misprision of a FelonyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that MICHAEL TATE, age 30, of New Orleans, was sentenced today after previously pleading guilty to misprision of a felony.
According to court documents, MICHAEL TATE knew that his brothers, TERRELL and GEREME TATE, had committed the crimes of being felons in possession of a firearm, and MICHAEL TATE did not disclose that fact to law enforcement.
TERRELL AND GEREME TATE, who previously pled guilty to being felons in possession of a firearm, were sentenced to 60 months and 24 months respectively.
Today, U.S. District Judge Nannette Jolivette Brown sentenced MICHAEL TATE to 20 months incarceration to be followed by 1 year of supervised release.
Acting U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives in investigating this matter. Assistant United States Attorney Jonathan L. Shih and Trial Attorney Joseph K. Wheatley, of the Department of Justice, Organized Crime and Gang Section, are in charge of the prosecution.
Navajo Woman from Arizona Sentenced for Federal Firearms and Burglary Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Lisa Benally, 37, an enrolled member of the Navajo Nation from Fort Defiance, Ariz., was sentenced today in federal court in Albuquerque, N.M., to 46 months in prison followed by three years of supervised release for her conviction on federal firearms and burglary charges.
Benally and co-defendant Loren Lloyd Wauneka, 37, an enrolled member of the Navajo Nation from Window Rock, Ariz., were arrested on Jan. 29, 2016, on a criminal complaint charging them with being felons in possession of firearms and burglary on the Navajo Indian Reservation in McKinley County, N.M. According to the criminal complaint, a law enforcement officer encountered Wauneka, Benally and others as they were attempting to burglarize the officer’s residence on the Navajo Indian Reservation. A television, jewelry, bags, computer laptops and two firearms belonging to the officer were seized from inside Wauneka and Benally’s vehicle pursuant to a search warrant.
Benally and Wauneka subsequently were indicted on Feb. 24, 2016, and charged with being felons in possession of firearms and ammunition, possession of stolen firearms and aggravated burglary on Dec. 1, 2015, in McKinley County. According to the indictment, Wauneka was prohibited from possessing firearms or ammunition because he previously was convicted of unlawful discharge of a firearm and aggravated driving while intoxicated. Benally was prohibited from possessing firearms or ammunition because she previously had been convicted of escape, possession of drug paraphernalia and possession of dangerous drugs.
On March 27, 2017, Benally pled guilty to being a felon in possession of a firearm and ammunition and aggravated burglary. In entering the guilty plea, Benally admitted that on Dec. 1, 2015, she and others drove to and unlawfully entered a residence with the intent to commit theft and stole two firearms and ammunition, which Benally placed into her vehicle, thus making Benally armed during the burglary. Benally further admitted that she was prohibited from possessing firearms or ammunition because of her status as a convicted felon.
On March 23, 2017, Wauneka pled guilty to being a felon in possession of a firearm and ammunition and aggravated burglary. In entering the guilty plea, Wauneka admitted that on Dec. 1, 2015, he entered a residence with the intent to commit theft and stole two firearms and ammunition which he placed into his vehicle, thus making Wauneka armed during the burglary. Wauneka further admitted that he was prohibited from possessing firearms or ammunition because of his status as a convicted felon. Wauneka was sentenced on Aug. 10, 2017, to 37 months in prison followed by three years of supervised release.
This case was investigated by the Crownpoint office of the Navajo Nation Division of Public Safety, the McKinley County Sheriff’s Office and the New Mexico State Police. Assistant U.S. Attorney Michael D. Murphy prosecuted the case.
Navajo Man from Churchrock Sentenced to Prison for Federal Child Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Adrian Tom, 38, an enrolled member of the Navajo Nation who resides in Church Rock, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison followed by five years of supervised release for his conviction on an abusive sexual contact charge. Tom will also be required to register as a sex offender when he completes his prison sentence.
On March 29, 2017, Tom pled guilty to a felony information charging him with abusive sexual contact with a child under the age of 12 years on the Navajo Indian Reservation in McKinley County, N.M. In entering his guilty plea, Tom admitted that in March 2010, he engaged in sexual contact with an eight-year-old Indian child while on the Navajo Indian Reservation.
This case was investigated by the Gallup office of the FBI and was prosecuted by Assistant U.S. Attorney Sarah Mease as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice (DOJ) to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and DOJ’s Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Monett Sex Offender Pleads Guilty to Child PornographyRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a convicted sex offender in Monett, Mo., pleaded guilty in federal court today to receiving child pornography over the Internet.
Carl Donald Greiner, 37, of Monett, pleaded guilty before U.S. District Judge M. Douglas Harpool to the charge contained in a July 20, 2016, federal indictment.
Greiner was convicted of possessing child pornography, sexual misconduct and furnishing pornographic material to a minor in 2004. He was also convicted of statutory rape and two counts of statutory sodomy in 2006.
According to today’s plea agreement, a person using Greiner’s computer reported to police officers on April 30, 2016, that she saw a large amount of child pornography on the computer located in his bedroom, including videos of children ranging in age from 4 to 17. Officers executed a search warrant at Greiner’s residence the same day and seized his desktop computer along with an address book with Internet addresses.
Investigators discovered multiple images and videos of child pornography on Greiner’s computer that had been downloaded from the Internet.
Under federal statutes, Greiner is subject to a mandatory minimum sentence of 15 years in federal prison without parole, up to a sentence of 40 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the Southwest Missouri Cybercrimes Task Force and the Monett, Mo., Police Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Mexican Truck Driver Admits to Smuggling Meth in Aloe Vera BottlesRead the Press Release
LAREDO, Texas – A 31-year-old Mexican National has entered a guilty plea to conspiracy to import methamphetamine, announced Acting U.S. Attorney Abe Martinez.
Sergio Aguilar-Hernandez conspired with others and imported methamphetamine from Mexico into Laredo on June 15, 2017. On that date, Aguilar-Hernandez arrived at the Columbia Solidary Bridge driving a 2007 Freightliner tractor. During a search of the vehicle authorities discovered 10.26 kilograms of liquid methamphetamine that was concealed in aloe vera bottles.
Sentencing will be set at a later date. At that time, Aguilar-Hernandez faces a minimum of 10 years and up to life in prison as well as a possible $10 million maximum fine. He has been and will remain in custody pending that hearing.
Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney José Angel Moreno is prosecuting the case.
Mexican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON - A Mexican national was sentenced today in federal court in Boston for a federal immigration crime.
Felipe Bautista-Guerrero, 46, pleaded guilty to one count of unlawful reentry of a deported alien before U.S. District Court Judge F. Dennis Saylor IV, who sentenced Bautista-Guerrero to 21 months in prison. Bautista-Guerrero will be subject to deportation proceedings upon completion of his sentence.
On Dec. 28, 2015, law enforcement officers encountered Bautista-Guerrero - who was already on supervised release out of Texas for an illegal reentry conviction - in Boston and determined that he was again unlawfully present in the United States. Bautista-Guerrero had been deported on two previous occasions, on March 22, 2011, and Nov. 24, 2012.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.
Manhattan Acting U.S. Attorney Announces Charges Against Man Responsible for A String of Bank Robberies in ManhattanRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”),, announced today the arrest of JAMIE FRIERSON in connection a robbery spree involving at least seven banks in Manhattan, during which thousands of dollars were stolen. FRIERSON was arrested on August 30, 2017, and was presented today in Manhattan federal court before the Honorable Kevin Nathaniel Fox, where he was held without bail.
Acting Manhattan U.S. Attorney Joon H. Kim said: “As alleged, Jaime Frierson went on a one-man crime spree, brazenly attempting to rob seven Manhattan banks in broad daylight in less than two weeks. Frierson allegedly threatened the lives of bank tellers to get away with thousands of dollars in cash. This alleged conduct endangered the safety of New Yorkers and traumatized bank employees, and I commend our partners at the FBI for their terrific work in apprehending this defendant.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “We have to assume as law enforcement that anyone who allegedly threatens violence during a bank robbery is capable of carrying out that threat. No one can predict an alleged criminal’s behavior, and the uncertainty increases the urgency to solve the robberies. The FBI/NYPD Violent Crimes Task Force worked tirelessly tracking down the suspect in this alleged crime spree to prevent someone getting hurt in the next one.”
According to the allegations in the Complaint unsealed in Manhattan federal court:[1]
On August 29, 2017, at approximately 3 o’clock in the afternoon, FRIERSON entered a bank on the Upper West Side of Manhattan, and handed a bank teller a note claiming that he was armed, demanding money, and threatening to kill the teller. In response, the teller gave FRIERSON over $8,000 in United States currency. FRIERSON then fled. In addition, between August 16 and August 29, 2017, FRIERSON robbed or attempted to rob six other banks in Manhattan, during which he used a similar modus operandi.
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FRIERSON, 47, of New York, New York, is charged with one count of bank robbery, which carries a maximum sentence of 20 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
Acting U.S. Attorney Kim praised the outstanding investigative work of the Federal Bureau of Investigation and New York Police Department’s Violent Crimes Task Force.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Aline R. Flodr and Sheb Swett are in charge of the prosecution.
The charge contained in the Complaint is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth herein constitute only allegations, and every fact described should be treated as an allegation.
Man Pleads Guilty to Possession with Intent to Distribute MarijuanaRead the Press Release
St. Croix, USVI – Dasha Graham, 22, of St. Croix, pleaded guilty Wednesday before U.S. Magistrate Judge George W. Cannon, Jr., to possession with intent to distribute marijuana, Acting United States Attorney Joycelyn Hewlett announced. Sentencing is scheduled for December 29, 2017.
According to the plea agreement filed with the court, on March 10, 2017, Graham and a co-defendant attempted to enter the secure parking lot at the District Court on St. Croix to drop off paperwork. Graham was driving the vehicle. The security officer denied entrance and instructed Graham to park in the visitor lot. Graham refused, creating a disturbance and causing a special agent to approach his car. The agent smelled a strong odor of marijuana, and Graham admitted that there was marijuana in the car. A search of the car yielded Ziploc bags containing 10 phials of marijuana. When interviewed, Graham stated that the marijuana was his and that he had it for sale. The amount of marijuana was less than 100 grams.
Graham faces a sentence of not more than five years in prison and a fine of not more than $250,000.
This case was investigated by the Department of Homeland Security Federal Protective Service and the U.S. Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Rhonda Williams-Henry.
Las Autoridades Anuncian la Formación de un Grupo de Trabajo para Combatir la Actividad Ilegal Relacionada con el Huracán HarveyRead the Press Release
HOUSTON - Representantes de diversas dependencias federales y estatales de las fuerzas del orden público han formado un grupo de trabajo para investigar y enjuiciar actividad ilegal relacionada con el Huracán Harvey.
El Fiscal Federal Interino Abe Martinez hizo el anuncio junto con el Fiscal Federal Interino Corey R. Amundson del Distrito Medio de Louisiana, quien se desempeña como Director Ejecutivo Interino del Centro Nacional contra Fraudes en Desastres [National Center for Disaster Fraud (NCDF)]; la Fiscal de Distrito (DA) del Condado de Harris Kim Ogg; el Procurador General de Texas Ken Paxton; el Director Shamoil T. Shipchandler de la Comisión de Bolsa y Valores [Securities and Exchange Commission (SEC)], Oficina Regional de Fort Worth; el Agente Especial a Cargo Perrye K. Turner del FBI; el Agente Especial a Cargo David Green de la Oficina del Inspector General del Departamento de Seguridad Nacional [Department of Homeland Security – Office of Inspector General (DHS-OIG)]; el Agente Especial a Cargo Mark Dawson de Investigaciones de Seguridad Nacional [Homeland Security Investigations (HSI)] del Servicio de Inmigración y Control de Aduanas; el Agente Especial a Cargo D. Richard Goss de Investigaciones Penales (CI) del IRS; el Agente Especial a Cargo Douglas W. Thigpen del Servicio Secreto de los EE.UU. [U.S. Secret Service (USSS)]; la Directora Regional Dama Brown de la Comisión Federal de Comercio [Federal Trade Commission (FTC)] y el Agente Especial a Cargo Fred Milanowski de la Oficina de Control de Bebidas Alcohólicas, Tabaco, Armas de Fuego y Explosivos [Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)].
“Este desastre ha generado y seguirá generando una pérdida humana y financiera sin precedentes para nuestras comunidades, y las víctimas de este suceso ya han sufrido una devastación impactante”, dijo Martinez. “Lo último que necesitan las víctimas de este daño es que las vuelvan a victimizar. Aplicando las lecciones aprendidas del Huracán Katrina, implementamos un enfoque integral de coacción para combatir cualquier actividad delictiva que surja de la tragedia del Huracán Harvey y las tareas de reconstrucción que se están realizando”.
Si bien cada una de estas dependencias tiene un historial de trabajo conjunto, juntarlas en un grupo de enfoque es una manera óptima de abordar las diversas amenazas surgidas del Huracán Harvey. El grupo de trabajo involucrará a todos los niveles de las fuerzas del orden público e incluye a representantes de la Oficina del Procurador General para el Distrito Sur de Texas, el NCDF, la Oficina de la DA del Condado de Harris, la Oficina del Procurador General de Texas, la SEC, el FBI, la DHS-OIG, HSI, IRS-CI, el USSS, la FTC y la ATF.
Las autoridades ya están recibiendo llamadas sobre ardides en nuestra zona y han remitido las quejas a las dependencias correspondientes.
“Planeamos usar todos los recursos que tenemos a nuestra disposición para ayudar a nuestros inscritos y para responsabilizar a quienes intenten usar este desastre para aprovecharse de otras personas”, dijo el Director de la SEC, Jay Clayton. “No hay lugar para el fraude o prácticas turbias en la reconstrucción y la recuperación de las comunidades de Texas y Louisiana que han sido afectadas por el Huracán Harvey”.
“Mientras trabajamos para reconstruir la región de Houston/la Costa del Golfo y buscamos maneras de ayudar, es importante realizar tareas de diligencia debida antes de realizar aportes a cualquiera que solicite donaciones o a personas que ofrezcan brindar ayuda a los afectados por Harvey, ya sea que esas solicitudes se realicen en persona, por correo electrónico o por teléfono”, dijo Turner. “El FBI se dedica a investigar y prevenir este tipo de fraude, en especial cuando implica aprovecharse de personas en tiempos de grandes necesidades”.
“Como hemos observado a lo largo de este desastre, lo mejor del espíritu estadounidense sale a relucir cuando vecinos y extraños se ayudan unos a otros. Lamentablemente, al mismo tiempo, estas situaciones también hacen aparecer a quienes intentan aprovecharse de quienes están dispuestos a dar algo para ayudar”, dijo Dawson. “Quédense tranquilos que HSI, en coordinación con nuestros asociados en las fuerzas del orden público, utilizará sus recursos investigativos para detener a quienes buscan aprovecharse de esta situación para su propio beneficio personal e ilegal”.
Los desastres naturales a menudo sacan a relucir lo mejor de la compasión y el espíritu humano, pero también pueden hacer que personas inescrupulosas se aprovechen de quienes necesitan y/o brindan servicios gubernamentales. Algunos ejemplos de actividad ilegal típica bajo la jurisdicción de cada una de las dependencias del grupo de trabajo son:
Hacerse pasar por agentes de las fuerzas del orden público federal
- Robo de identidad
- Presentación fraudulenta de reclamos a aseguradoras y el gobierno federal
- Actividad fraudulenta relacionada con la solicitud de donaciones y la beneficencia
- Actividad fraudulenta relacionada con personas y organizaciones que prometen altos retornos de inversión por ganancias en tareas de recuperación y limpieza
- Abuso en los precios
- Robos, saqueos y otros delitos violentos
Los consumidores también pueden denunciar ardides y otros problemas del consumidor a la FTC y obtener ayuda si piensan que pueden ser víctimas de robo de identidad.
Se alienta a miembros del público a contactar al NCDF para informar todo tipo de fraude relacionado con los desastres. El Departamento de Justicia de los EE.UU. estableció el NCDF después del Huracán Katrina cuando se destinaron miles de millones de dólares en asistencia federal para desastres a la región de la Costa del Golfo. Su misión se ha ampliado para incluir las sospechas de fraude de cualquier desastre natural o generado por el hombre e incluye a más de 30 dependencias federales, estatales y locales de las fuerzas del orden público. El equipo incluye a agentes de las fuerzas del orden público que revisan esas denuncias y las remiten a las dependencias investigativas correspondientes. El NCDF ofrece resolución de conflictos, coordinación y conocimientos en la gestión de asuntos relacionados con el fraude asociado a los desastres y está enfocado en proteger a las víctimas de desastres y todos los fondos dedicados a víctimas de desastres.
La Línea Directa de Fraude en Desastres es 1-866-720-5721 y tiene operadores disponibles las 24 horas del día, los siete días de la semana. Los miembros del público también pueden enviar información por correo electrónico o por fax al 225-334-4707.
Además, la Oficina del Procurador General de Texas les pide encarecidamente a los texanos que se comuniquen con su División de Protección al Consumidor y presenten una queja si sienten que encontraron un abuso de precios o han sido engañados o sido víctimas de un fraude relacionado con beneficencias. Pueden llamar a la línea directa gratuita al 800-621-0508, enviar un correo electrónico o presentar una queja a través de Internet.
La SEC brindó esta información y sigue controlando el impacto en el mercado del Huracán Harvey y alentando a entidades y profesionales de inversión afectados a comunicarse con el personal de la Comisión si tienen cualquier pregunta o inquietud.
Para obtener información adicional, también se puede visitar la página de recursos de la FEMA para el Huracán Harvey.
El Departamento de Justicia también anunció ayer Consejos para evitar ardides fraudulentos de donaciones a beneficencias.
Laredoan Pleads Guilty to Importing MethRead the Press Release
LAREDO, Texas – A Laredo man has entered a guilty plea to a conspiracy charge for his role in the importation of methamphetamine, announced Acting U.S. Attorney Abe Martinez.
Ricardo Garcia, 41, admitted he knowingly possessed 20.9 kilograms of methamphetamine within 18 aloe vera juice bottles contained in his vehicle. At the time of his arrest, he admitted he was supposed to receive $6,000 for transporting the bottles of liquid methamphetamine from Mexico to San Antonio.
LAREDO, Texas – A Laredo man has entered a guilty plea to a conspiracy charge for his role in the importation of methamphetamine, announced Acting U.S. Attorney Abe Martinez.
Ricardo Garcia, 41, admitted he knowingly possessed 20.9 kilograms of methamphetamine within 18 aloe vera juice bottles contained in his vehicle. At the time of his arrest, he admitted he was supposed to receive $6,000 for transporting the bottles of liquid methamphetamine from Mexico to San Antonio.
U.S. Magistrate Judge J. Scott Hacker accepted the plea and a sentencing date will be set in the near future. At that time, Garcia faces a minimum of 10 years and up to life in federal prison and a possible $10 million fine. He will remain in custody pending that hearing.
The Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Christopher A. dos Santos is prosecuting the case.
Kingfisher Doctor Agrees to Pay $65,000 to Settle Civil Penalty Claims Involving Violations of Controlled Substances ActRead the Press Release
Oklahoma City, Oklahoma – James Brett Krablin, M.D., has agreed to pay $65,000 to settle civil penalty claims stemming from allegations that he violated the Comprehensive Drug Abuse Prevention and Control Act of 1970 and its regulations, announced Mark A. Yancey, United States Attorney of the Western District of Oklahoma.
Dr. Krablin practices medicine primarily in Kingfisher, Oklahoma, at the Krablin Medical Clinic. The United States alleges that between August 2014 and September 2016, he dated prescriptions for Schedule II controlled substances on dates other than when he signed them, which violates DEA regulations. More specifically, he allegedly signed and post-dated written prescriptions so his nurse practitioner or physician assistant could deliver them to patients at regular monthly appointments when Dr. Krablin was not in the office.
To resolve the allegations brought by the United States, Dr. Krablin agreed to pay $65,000.
In reaching this settlement, Dr. Krablin did not admit liability and the government did not make any concessions regarding the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the Drug Enforcement Agency, Office of Diversion Investigation. Assistant U.S. Attorney Ronald R. Gallegos prosecuted the case.
Indictment Returned for Possession with Intent to Distribute CocaineRead the Press Release
Acting U.S. Attorney Duane Evans announced today that JAYVONNE JOHNSON, age 48, was charged today in a one-count Indictment for violations of the Federal Controlled Substances Act.
JOHNSON is charged with possession with intent to distribute cocaine. If convicted, JOHNSON faces a minimum term of imprisonment of five years up to a maximum of forty years, a fine of $5,000,000 and at least four years of supervised release following any term of imprisonment.
Acting U.S. Attorney Evans reiterated that the Indictment is merely an allegation and that the guilt of the defendant must be proven beyond a reasonable doubt.
Acting U.S. Attorney Evans praised the work of the U.S. Drug and Enforcement Administration, the Amtrak Police Department, and the Louisiana State Police in investigating this matter. Executive Assistant United States Attorney Sharon D. Smith is in charge of the prosecution.
Indictment Returned Against Five Brazilians for Operating Skimming RingRead the Press Release
Acting U.S. Attorney Duane A. Evans announces the return of an Indictment charging five Brazilian citizens with crimes related to a bank card skimming ring that was uncovered earlier this month.
The Indictment names Joao Freire Da Silva Neto, age 33, Andre Lion Goncalves Pereira, age 28, Herik Lucian Enedino Dos Santos, age 31, Fernando Finatto Minguzzi, age 21, and Rubens Eleuterio de Almeida Junior, age 28. All of the defendants are Brazilian nationals.
According to the Indictment, Joao Freire Da Silva Neto, Andre Lion Goncalves Pereira, Herik Lucian Enedino Dos Santos, and Fernando Finatto Minguzzi were arrested by members of the Louisiana Financial Crimes Task Force on August 3, 2017, at a hotel in the Algiers neighborhood of New Orleans. They were found in possession of re-encoded credit cards, embossers, encoders, ATM skimmers, false identification, and other contraband. In the course of this investigation, U.S. Secret Service agents learned that de Almeida was mailing skimmers, pinhole cameras, and other tools for credit card fraud from Oklahoma City to the four New Orleans-based members of this conspiracy. de Almeida was arrested in Midwest City, Oklahoma, in possession of counterfeit credit cards, blank credit cards, an ATM skimmer, pinhole cameras, memory cards, an embosser, and other items used to create counterfeit credit cards.
The Indictment charges all five defendants with conspiracy to use counterfeit access devices and to possess fifteen or more counterfeit access devices, which carries a penalty of up to five years of imprisonment. It also charges all five defendants with conspiracy to possess and traffic in device-making equipment, which carries a penalty of up to seven and a half years in prison.
The Indictment further charges Joao Freire Da Silva Neto, Andre Lion Goncalves Pereira, Herik Lucian Enedino Dos Santos, and Fernando Finatto Minguzzi with one count of possession of fifteen or more counterfeit access devices, a charge that carries a maximum penalty of ten years in prison. Those four defendants are also charged with possession and trafficking in device-making equipment, which carries a maximum penalty of fifteen years in prison.
In addition to the penalties listed above, each count also carries a maximum fine of $250,000 and a term of supervised release up to three years.
Acting U.S. Attorney Evans reiterated that the Indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
Acting U.S. Attorney Evans praised the agencies that contributed to this Indictment, which represents a coordinated effort of federal and state law enforcement authorities within the Louisiana Financial Crimes Task Force. The Task Force includes representatives from the U.S. Secret Service, the U.S. Postal Inspection Service, the Louisiana Attorney General’s Office, the Jefferson Parish Sheriff’s Department, and the New Orleans Police Department. Acting U.S. Attorney Evans thanked the U.S. Secret Service Oklahoma City Field Office and the Midwest City, OK Police Department for their assistance. Assistant United States Attorney Matthew Payne is in charge of the prosecution.
Illinois Man Admits Transporting Multiple Kilograms of Heroin as Part of Cross-Country Drug Distribution ConspiracyRead the Press Release
TRENTON, N.J. – A DeKalb, Illinois, man who was arrested transporting four kilograms of heroin to Indiana pleaded guilty today in Trenton federal court, Acting U.S. Attorney William E. Fitzpatrick announced.
Henry Zamora, 38, pleaded guilty before U.S. District Judge Peter G. Sheridan to Count One of an indictment charging him with conspiracy to distribute heroin.
According to documents filed in this case and statements made in court:
From June 2014 through November 2014, Zamora conspired with other members of a cross-country drug trafficking organization, which included cells operating in New Jersey, to transport and distribute bulk quantities of heroin. On Nov. 21, 2014, Zamora was arrested while transporting four kilograms of heroin contained in a hidden compartment in his vehicle. Following the arrest, officers recovered an additional two kilograms of heroin from his residence in DeKalb.
The charge to which Zamora pleaded guilty carries a maximum penalty of life in prison and a $10 million fine. Sentencing is scheduled for Dec. 13, 2017.
Acting U.S. Attorney Fitzpatrick credited the Drug Enforcement Administration (DEA)’s New Jersey Division, under the direction of Special Agent in Charge Carl J. Kotowski, officers of the N.J. State Police, under the direction of Superintendent Col. Joseph R. Fuentes, and officers from the DeKalb Police Department with the investigation leading to today’s guilty plea.The government is represented by Assistant U.S. Attorneys Thomas S. Kearney and Jamari Buxton of the U.S. Attorney’s Office OC/Gangs Unit in Newark.
Defense counsel: Andrea Bergman Esq., Trenton, New Jersey
Hoover Man Indicted in Fraudulent Credit Card SchemeRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Hoover man on fraud charges connected to a scheme to create “synthetic identities” to obtain and use multiple fraudulent credit cards around the Birmingham metro area, announced U.S. Attorney Jay E. Town and U.S. Postal Inspector Frank Dyer.
An indictment filed in U.S. District Court charges JERICHO ANTONIO PARKER, 26, with 21 wire fraud counts and one count of using unauthorized access devices as part of the wire fraud between June 1, 2016, and Aug. 30, 2016.
According to the indictment, Parker worked with other people, whom the document does not identify, to carry out the scheme to create numerous synthetic identities by combining fictitious names, dates of birth and Social Security numbers and then using those identities to apply for Discover credit cards.
Discover approved many of the applications and sent credit cards to Birmingham through the U.S. Postal Service. Parker received and activated cards and then used them in Jefferson, Shelby and St. Clair counties to get cash at ATMs or to make or attempt to make purchases, according to the indictment.
The 21 wire fraud counts represent occasions when Parker used the fraudulent Discover cards to get $300 cash advances from ATMs inside drug stores in Moody, Homewood, Birmingham and Hoover, or when he used or attempted to use the cards to make purchases, according to the indictment.
The maximum penalty for wire fraud is 20 years in prison and a $250,000 fine. The maximum penalty for fraudulent use of unauthorized access devices is 10 years in prison and a $250,000 fine.
The U.S. Postal Inspection Service investigated the case, which Assistant U.S. Attorney Davis Barlow is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
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Honduran National Pleads Guilty to Illegal Re-EntryRead the Press Release
Acting U.S. Attorney Duane A. Evans, announced that ROY RIVAS-PALMAS, age 34, a citizen of Honduras, pled guilty to a one-count indictment for illegal re-entry of removed alien.
According to the court documents, on June 15, 2017, RIVAS-PALMAS was found in the United States after having been deported previously on October 31, 2013. RIVAS-PALMAS has a prior felony conviction for possession of a weapon for an unlawful purpose, and has been deported on multiple occasions.
ROY RIVAS-PALMAS faces a maximum term of imprisonment of ten years and a fine of $250,000, or the greater of twice the gross gain to the defendant, three years supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Mary Ann Vial Lemmon set sentencing for November 9, 2017.
Acting U.S. Attorney Evans praised the work of the U.S. Department of Homeland Security, Immigration and Customs Enforcement, in investigating this matter.
Guatemalan national pleads guilty to immigration crimeRead the Press Release
CHARLESTON, W.Va. – A Guatemalan national pleaded guilty today to an immigration crime, announced United States Attorney Carol Casto. Juan Us-Sajbin, 36, entered his guilty plea to illegally reentering the United States.
Us-Sajbin admitted that he was not lawfully present in the United States when he was encountered by Department of Homeland Security agents on May 19, 2017. He was identified when agents were looking for another individual residing near Kanawha State Forest. Agents conducted surveillance, confirmed the identity of Us-Sajbin, and then placed him under arrest. Us-Sajbin had not formally applied for permission to legally reenter the United States and was not otherwise in the United States by any legal process. He was previously removed in 2013 after being convicted of misdemeanor assault in Mahoning County, Ohio.
Us-Sajbin faces up to two years in federal prison when he is sentenced on October 17, 2017. He is also subject to deportation proceedings at the conclusion of the criminal case.
The Department of Homeland Security conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. The plea hearing was held before United States District Judge John T. Copenhaver, Jr.
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Four Individuals Charged Federally for Drug Operation in Cutler ManorRead the Press Release
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida; Katherine Fernandez Rundle, State Attorney, Miami-Dade State Attorney’s Office, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office; Adolphus P. Wright, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division; and Juan J. Perez, Director, Miami-Dade Police Department (MDPD) announced that Edward Lee Williams, 30, Kenyada Pierce, 34, Martavious Randall, 38, and William Lovett, 36, all of Miami, Florida, have been charged by criminal complaint with possessing with intent to distribute controlled substances.
These charges arose from an investigation to address widespread drug dealing within the Cutler Manor Apartments, located at 10875 SW 216 Street, Miami, Florida. The Cutler Manor Apartments are a Section 8 public housing project located in unincorporated Miami-Dade County just north of Homestead, Florida. During the course of their investigation, law enforcement were able to purchase various controlled substances from subjects who resided in, or operated out of, the Cutler Manor Apartments. These criminal complaints are part of a multi-agency operation, including the FBI, DEA and MDPD, that seeks the arrest of 40 individuals.
In August 2016, after a similar law enforcement operation targeting drug sales in Cutler Manor, fourteen individuals associated with the Cutler Manor Apartments were indicted federally in the Southern District of Florida for possession with intent to distribute various narcotics, in violation of Title 21, United States Code, Section 841. Each of the defendants pled guilty for their respective participation in the criminal conduct and received sentences ranging from time served to 151 months in prison.
Following the 2016 indictments, law enforcement continued to investigate the sale of narcotics both at the Cutler Manor Apartments and out of single-family houses located nearby, including throughout the Perrine area, in the Southern District of Florida.
According to the criminal complaints, law enforcement purchased various narcotics, including methylone, known as “Molly,” cocaine, and heroin from individuals both within the Cutler Manor Apartments and at nearby residences located in Perrine, including from defendants Williams, Pierce, Randall, and Lovett. During the course of today’s operations, law enforcement recovered both narcotics and firearms.
If convicted of possessing with intent to distribute controlled substances, the defendants face up to 20 years in prison.
Mr. Greenberg commended the investigative efforts of the FBI, DEA, and MDPD. Mr. Greenberg also thanked the Miami-Dade State Attorney’s Office for their assistance. This case is being prosecuted by Assistant U.S. Attorney Cary Aronovitz.
A criminal complaint is only an accusation and the defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
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.
Four Charged in Drug Investigation Based in KodiakRead the Press Release
Anchorage, Alaska – Acting U.S. Attorney Bryan Schroder announced today that four individuals associated with drug trafficking in Kodiak have been indicted by a federal grand jury for various drug trafficking and related crimes:
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Christopher Arndt, 38, is currently charged with distribution of methamphetamine, drug conspiracy, and money laundering conspiracy, and was arrested in Kodiak on Aug. 18, 2017;
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Santos Lopez, 41, is currently charged with distribution of methamphetamine, and was arrested in Kodiak on Aug. 23, 2017;
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Leigh Ann Massengill, 42, is currently charged with distribution of methamphetamine, drug conspiracy, and money laundering conspiracy, and was arrested in Anchorage on Aug. 30, 2017;
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James Gerrity, 30, is currently charged with drug conspiracy and remains at large.
In connection with this investigation, a federal grand jury has previously indicted four other individuals for drug trafficking and firearms crimes from Kodiak:
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Ann L. Vega, 40, is currently charged with possession of methamphetamine and heroin with intent to distribute;
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Nathan Gambrell, 44, is currently charged with felon in possession of firearms;
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Jose Alberto "Bird" Rodriguez, 30, is currently charged with attempted possession of methamphetamine with intent to distribute, and possession of methamphetamine with intent to distribute;
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Wahyu "Kodiak Mike" Sanjoyo, 36, is currently charged with possession with intent to distribute methamphetamine, heroin, and cocaine, distribution of methamphetamine, and possession of firearms in furtherance of a drug trafficking crime.
The Federal Bureau of Investigation, Coast Guard Investigative Service, Internal Revenue Service-Criminal Investigation, Alaska State Troopers, Kodiak Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives have been working together to investigate these matters and to combat drug trafficking and violent crime in Kodiak.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Former State Representative Convicted on Fraud ChargesRead the Press Release
Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury today found former Florida House of Representatives member Dwayne L. Taylor (49, Daytona Beach) guilty of nine counts of wire fraud. Taylor faces a maximum penalty of 20 years in federal prison for each count. His sentencing is scheduled for November 16, 2017.
According to evidence presented at trial, during Taylor’s 2012 and 2014 reelection campaigns, he falsely reported thousands of dollars of expenditures to the State of Florida in order to conceal his misappropriation of over $60,000 in campaign funds through a series of unreported cash withdrawals, checks written to himself, and checks written to petty cash, in violation of Florida law. Taylor then used the misappropriated funds for personal expenditures unrelated to his re-election campaigns.
According to Florida law, all campaign contributions and expenditures must be reported to the State of Florida, and neither a candidate nor the spouse of a candidate may use funds deposited in a campaign account to defray normal living expenses for the candidate or the candidate’s family, other than expenses actually incurred for transportation, meals, and lodging during travel in the course of the campaign.
“These types of crimes erode the public trust in our elected officials,” said Acting U.S. Attorney Stephen Muldrow. “This conviction sends a clear message that such acts will not be tolerated and that we will hold anyone who breaks the law accountable for their actions.”
“It is disappointing that an elected official would exploit the generosity of his constituents to advance his personal lifestyle,” said Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville Division. “Corrupt public officials undermine the integrity of our government and violate the public’s trust, which is why combating public corruption remains the FBI’s top criminal priority."
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Roger B. Handberg and Embry J. Kidd.
Former Campaign Guru Ravneet Singh Sentenced for his Role in Laundering $600,000 in Foreign Money into 2012 San Diego Mayoral ElectionRead the Press Release
Assistant U.S. Attorneys Phillip L.B. Halpern (619) 546-6964, Mark W. Pletcher (619) 546-9714, Helen Hong (619) 546-6990, Billy Joe McLain (619) 546-6762
NEWS RELEASE SUMMARY – August 31, 2017
SAN DIEGO – Political consultant Ravneet Singh, former CEO of ElectionMall Technologies, was sentenced today to 15 months in prison and ordered to pay a $10,000 fine for his role in funneling more than $600,000 in illegal foreign campaign contributions from Mexican citizen Jose Susumo Azano Matsura to candidates in the 2012 San Diego mayoral election.
U.S. District Court Judge Michael M. Anello ordered the defendant to report to prison on October 12, 2017, to begin serving his sentence.
In September 2016, after six weeks of trial and five days of deliberations, a federal jury in San Diego returned guilty verdicts against Singh, Azano and Azano’s son, Edward Susumo, who were convicted of felony counts associated with a series of illegal campaign contributions by Azano to the campaigns of Bonnie Dumanis and Bob Filner.
“American elections are not for sale,” said Executive U.S. Attorney Blair Perez. “We will not allow our sacred electoral process to be compromised. This prison sentence underscores an important message: Anyone who tries to manipulate the American electorate will pay a high price.”
“Public corruption undermines the strength and confidence in our system of government which is why these cases are a top criminal priority for the FBI,” said Special Agent in Charge Eric S. Birnbaum. “Today’s sentence stands as a stark condemnation of Azano’s and Singh’s willful efforts to undermine the fundamental principles of our representative democracy. The American people can count on the FBI to continue to bring these complex, sensitive, and important cases to justice.”
“Using a series of complex financial transactions, Mr. Singh conspired to funnel illegal money to influence the outcome of San Diego political races,” stated Special Agent in Charge R. Damon Rowe of IRS Criminal Investigation. “IRS Criminal Investigation remains committed to the fight against campaign finance crimes. This case exemplifies the strong impact we are making in this arena working in cooperation with our law enforcement partners.”
According to evidence presented at trial, Azano, Singh, and others conspired to inject hundreds of thousands of dollars in cash and in-kind consulting services to the Bonnie Dumanis and Bob Filner campaigns, despite the fact that Azano’s foreign national status made such contributions illegal. To conceal his connection to these contributions, Azano arranged with his son Edward Hester and others to funnel this illegal foreign money through corporate and third person “straw donor” contributions. The conspirators, moreover, arranged for at least $267,000 worth of Singh’s in-kind consulting services to be secretly funneled to the campaigns.
In return for his political contributions, Azano sought to buy political influence. For example, he wanted support for his vision of Miami West – a San Diego waterfront development project with a yacht marina, a branded five-star hotel, and luxury bayside condominiums that promised Azano millions in profit. In other instances, Azano wanted access, like the ability to call on influential political figures or obtain letters of reference to secure his son’s admission to the University of San Diego.
Ultimately, with Azano’s help, Filner won the election, though he was forced to resign shortly thereafter.
For his part, Singh used his specialized skills and knowledge to facilitate the crimes. Evidence at trial demonstrated that Singh used code names for the Dumanis and Filner work that Azano paid for but never for any other domestic candidate for office; harshly reprimanded employees for using those code names in emails; and on one particularly candid occasion, referenced the “legal ramifications” of discussing these topics. Singh further concealed the payments from Azano by structuring the wires from a Mexican company, Broadlink, controlled by Azano, which had nothing to do with electoral politics, to company Singh controlled, not Election Mall, but eSolutions, which primarily developed software from India.
In addition to the jury’s guilty verdicts against Azano, Singh, and Hester, the jury was unable to reach a verdict on several charges brought against San Diego lobbyist Marco Polo Cortes, and acquitted Cortes on several charges of falsifying campaign donation records. The jury also acquitted Hester on several charges related to the falsification of campaign donation records, and could not reach a verdict on several other charges. Finally, the jury could not reach a verdict on a firearm charge against Azano.
Retrial on a firearm charge against Azano is set to begin September 5, 2017. Azano is, thereafter, scheduled to be sentenced on October 23, 2017, followed by Edward Hester on November 6, 2017. The retrial of Marco Polo Cortes is scheduled for December 5, 2017.
Assistant U.S. Attorneys Phillip L.B. Halpern, Mark W. Pletcher, Helen Hong, and Billy Joe McLain of the U.S. Attorney’s Office for the Southern District of California are prosecuting the case.
DEFENDANTS Case Number: 14cr0388-MMA
Ravneet Singh Age: 45 Naperville, IL
Jose Susumo Azano Matsura Age: 52 Guadalajara, Mexico
Edward Susumo Azano Hester Age: 25 San Diego, CA
SUMMARY OF CONVICTIONS
Count 1: Conspiracy to Commit Offenses Against the United States – Title 18, U.S.C., Sec. 371.
Maximum Penalties: Up to five years in prison and $250,000 fine
Defendants Azano, Singh and Hester
Count 3: Donation and Contribution by a Foreign National Aggregating $25,000 or more – Title 2, U.S.C., Secs. 437g (d) (1) (A) (i) and 441e (A) (1).
Maximum Penalties: Up to five years in prison and $250,000 fine
Defendants Azano, Singh and Hester
Count 4: Contribution in the Name of Another Aggregating $25,000 or more – Title 2, U.S.C., Secs. 437g(d) (1) (A) (i) and 441f.
Maximum Penalties: Up to five years in prison and $250,000 fine
Defendant Azano
Counts 5-37: Falsification of Records – Title 18, U.S.C., Sec. 1519.
Maximum Penalties: Up to 20 years in prison per count and $250,000 fine per count.
Defendant Azano on all counts; Singh guilty on counts 32 and 37
AGENCIES
Federal Bureau of Investigation
Internal Revenue Service, Criminal Investigation
San Diego Police Department
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Former CEO, CIO, and CFO, of the Federal Home Loan Bank of Dallas Indicted for Making False StatementsRead the Press Release
DALLAS – An indictment returned by a federal grand jury in Dallas this week charges three former executives of the Federal Home Loan Bank of Dallas (“FHLB-Dallas”), Terence C. Smith, Nancy B. Parker, and Michael J. Sims, with various charges related to defrauding FHLB-Dallas by seeking reimbursement for personal travel and gifts, announced John Parker, U.S. Attorney for the Northern District of Texas.
The indictment charges Smith, 60, who was the President and Chief Executive Officer of the FHLB-Dallas from 2000 to September 2013; Parker, 64, who was the Chief Information Officer of the FHLB-Dallas from 1999 to November 2013; and Sims, 51, who was the Chief Financial Officer of the FHLB-Dallas from 2005 to May 2014, with one count of conspiring to make false statements to a Federal Home Loan Bank. Smith is also charged with eleven substantive counts of making false statements to the FHLB-Dallas related to travel, Parker is charged with six substantive counts of making false statements, and Sims is charged with three substantive counts of making false statements.
The indictment alleges that starting as early as January 2008 and continuing through November 2013, Smith, Parker, and Sims, submitted or caused to be submitted a series of fraudulent reimbursement requests for travel they identified as business-related but was in fact personal, which caused the bank to pay approximately $780,000. The defendants incurred these expenses in connection with first class airfare, limousine services, concerts, vineyard tours, luxury hotel rooms, lavish meals, and expensive liquor and wine during more than 30 trips they took to Las Vegas, Nevada, Amelia Island, Florida, Coronado, California, San Diego, California, and others locations. In each instance, the defendants falsely stated that purpose of their travel was attending various conferences, planning meetings, strategy meetings, and ops meetings, when in fact they did not attend any conference, or conduct any legitimate planning, strategy, or ops meetings. Despite taking numerous trips that served no legitimate business purpose, the indictment alleges that the defendants further defrauded FHLB-D by requesting payment of more than $450,000 for unused vacation time.
The indictment also charges Parker separately with conspiring to embezzle from FHLB-Dallas in connection with a scheme she executed to have the bank pay for Christmas gifts for Smith. Parker is also charged with three substantive counts of embezzlement related to the Christmas gifts.
The indictment alleges from at least December 2005 and continuing through December 2012, Parker conspired with a former contractor who later became an employee of FHLB-Dallas to submit an inflated contractor invoice, fictitious check requests, and a fictitious purchase order to the bank to acquire Christmas gifts for Smith using the bank’s funds. Parker’s actions caused FHLB-Dallas to pay more than $17,000 for the gifts, which included a wine sommelier computer and video/photography equipment.
FHLB-Dallas is a government sponsored enterprise and part of the Federal Home Loan Bank System. The Federal Home Loan Bank System was created to support mortgage lending and related community investment. The System is currently composed of 11 regional Federal Home Loan Banks and more than 7,300 member financial institutions. FHLB-Dallas is a cooperative association that consists of financial institutions from the five-state district of Arkansas, Louisiana, Mississippi, New Mexico, and Texas that have purchased stock in FHLB-Dallas. Member institutions have access to funding for housing finance, community lending, and asset-liability management. FHLB-Dallas helped its member institutions provide credit and financial services to families, farms, and businesses across its district.
An indictment is merely an allegation and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law. However, if convicted, each count of making a false statement carries a maximum statutory penalty of 30 years in federal prison and a $1 million fine. Each count of conspiracy to make a false statement carries a maximum statutory penalty of five years in federal prison and a $250,000 fine. Restitution may also be ordered. The indictment also includes a forfeiture allegation that would require the defendants, upon conviction, to forfeit any property that constitutes or was derived from proceeds traceable to the offense.
The Federal Housing Finance Agency Office of Inspector General led the investigation. Assistant U.S. Attorneys Douglas Brasher and Errin Martin are in charge of the prosecution.
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Former Army Soldier Sentenced to 74 Months in Prison and 20 Years of Supervised Release for Possession of Child PornographyRead the Press Release
Savannah, GA: Win Hang Vong, 26, a former Fort Stewart Army soldier, was sentenced earlier this week by United States District Judge Lisa Godbey Wood to 74 months in federal prison to be followed 20 years of monitored supervised release.
According to evidence presented during the guilty plea and sentencing hearings, in December 2016 members of the FBI and the GBI’s Internet Crimes Against Children Task Force conducted undercover investigations to identify child predators involved in the distribution of child pornography. Agents came into contact with Vong and downloaded from his shared files approximately 830 still images and video files containing of child pornography. Agents thereafter executed a search warrant at Vong’s residence, his enlisted quarters on the Fort Stewart Military Reservation. Agents seized electronic devices, including Vong’s computer, and external hard-drives. From these devices, agents located over 100,000 files involving child pornography. Some of the child-pornography contained images of babies being raped by adults. Vong admitted he had been downloading child pornography on the internet for more than five years. Vong was later discharged from the U. S. Army.
The case was investigated by the FBI, the GBI, and the Army’s Criminal Investigations Division (CID). Assistant United States Attorneys Marcela C. Mateo and E. Greg Gilluly, Jr. prosecuted the case on behalf of the United States. For questions, please contact the U. S. Attorney’s Office at (912) 201-2522.
Federal Jury Finds Hibbing Man Guilty of Child Pornography ChargesRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced the conviction of KEVIN JAMES PETROSKE, 36, of Hibbing, Minnesota, for producing, attempting to produce and possessing images and videos containing child pornography. Following a three-day trial before Judge Patrick J. Schiltz, the jury found PETROSKE guilty on all counts. A sentencing hearing is scheduled for January 18, 2018.
“Mr. Petroske preyed on vulnerable and unsuspecting victims in their homes. Fortunately, the jury recognized Mr. Petroske for the predator he is and returned a just result,” said Assistant U.S. Attorney Manda Sertich. “I am grateful for the coordinated efforts of our law enforcement partners in working to achieve this successful conviction.”
As proven at trial, on October 23, 2015, law enforcement received a report of a man peering into residential windows of a home in Hibbing, Minn. Shortly after, law enforcement apprehended and identified the suspect as PETROSKE. Law enforcement investigators determined that PETROSKE had prior convictions in Stearns County for felony stalking and an open investigation in Benton County for possession of child pornography. Upon execution of a search warrant at PETROSKE’S residence, investigators seized a laptop computer containing hundreds of videos and images containing child pornography.
As proven at trial, many of the videos found on PETROSKE’S laptop, which were recorded between October 2011 and September 2015, contained surreptitious recordings of minor females filmed through the windows of their homes without their knowledge. PETROSKE captured the victims in their bedrooms and bathrooms in various private moments and, in many of the videos, PETROSKE is heard masturbating and making sexual comments.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case is the result of an investigation conducted by the FBI, Minnesota Bureau of Criminal Apprehension, and the Hibbing Police Department.
Assistant U.S. Attorneys Manda M. Sertich and Melinda A. Williams are prosecuting the case.
Defendant Information:
KEVIN JAMES PETROSKE, 36
Hibbing, Minn.
Convicted:
- Production and attempted production of child pornography, 8 counts
- Possession of child pornography, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Eight Members and Associates of the Westside Crips Criminal Street Gang including one Hotel Manager Plead Guilty to Racketeering Conspiracy Relating to Narcotics Trafficking, Prostitution and Other CrimesRead the Press Release
Assistant U. S. Attorney Alessandra P. Serano (619) 546-8104 or Joseph Orabona (619) 546-7951
NEWS RELEASE SUMMARY – August 31, 2017
SAN DIEGO – Seven alleged gang members and associates of the Westside Crips and one hotel manager of two national brand hotels in Oceanside entered guilty pleas in federal court today, admitting to their participation in a racketeering conspiracy involving narcotics trafficking, prostitution of women and other crimes. One other member pleaded guilty to the same charge last week.
Ameer Roby (aka “Tiny Dum Dum”), Michael Sullivan (aka “Du-Low”), Shane Anderson (aka “Tiny Westwood and aka “Tiny West”), Demetrius McFarland (aka “Mechii Ruu”), Richard Cleveland (aka “Face”), Umesh Oza (aka “Kevin”), and Larry Monroe admitted to their respective membership and association with the Westside Crips, who primarily operated in Oceanside and elsewhere. Peter Miranda (aka “Fat Boy,” “Baby Rocks,” and “Lil’ Burger”) pleaded guilty on August 24, 2017 and admitted to his role in the racketeering conspiracy. Sentencing for all defendants is scheduled for November 27, 2017 before District Judge John A. Houston.
According to court documents, the members of the conspiracy were involved in drug trafficking, prostitution, attempted murder, assaults, and robberies. Their criminal activity primarily occurred between 2004 through February 2017. According to court documents, members of Westside Crips are akin to a crime family, where all members work together committing various crimes for the purpose of making money. The indictment alleges that the defendants took on different responsibilities within the criminal enterprise. Some sold narcotics. Others managed prostitutes and transported them all over the country. The hotel manager provided a safe haven for the alleged gang members to conduct their illegal activities.
For that reason, the defendants are charged with racketeering conspiracy—the statute traditionally used for organized-crime syndicates and mobsters. But as members, associates, and facilitators of criminal street gangs such as these, join forces and become more sophisticated and prolific in their illicit business pursuits, this statute is an effective tool to address all aspects of the criminal conduct.
The four remaining defendants involved in the racketeering conspiracy with the Westside Crips criminal street gang are scheduled to appear before U.S. District Judge John A. Houston on September 22, 2017 for a status hearing.
“Gang members and associates and those who assist them continue to plague our community with violence, drugs and other crimes,” said Acting U.S. Attorney Alana W. Robinson. “Our office will continue to use any and all resources to combat the problem.”
“The members of this violent organization were involved in drug trafficking as well as violent crimes,” said DEA San Diego Special Agent in Charge William R. Sherman. “Combining law enforcement resources and getting these violent drug traffickers off the streets is, and will continue to be a DEA priority.”
“The Oceanside Police Department would like to thank the U.S. Attorney's Office and other law enforcement agencies for their collaboration and hard work during this operation,” said Oceanside Police Chief Frank McCoy. “It is collective efforts like this that highlight why the San Diego Region is a model for other law enforcement agencies to emulate, to keep their communities safe.”
“For over a decade, this sophisticated street gang terrorized the streets of Oceanside and the surrounding areas for profit,” said IRS Criminal Investigation’s Special Agent in Charge R. Damon Rowe. “Our agency plays a unique role in federal law enforcement’s resolve to dismantle the criminal gang enterprises terrorizing our streets. Our agents target the profit and financial gains of these organizations, following the money in an effort to disrupt these organizations and bring their members to justice.”
DEFENDANTS Case Number 17cr0270-JAH
Ameer Roby aka “Tiny Dum” Age: 36 Oceanside, CA
Michael Sullivan aka “Du-Low” Age: 33 Oceanside, CA
Peter Miranda aka “Lil’ Burger” Age: 33 Oceanside, CA
Shane Anderson aka “Tiny West” Age: 25 Oceanside, CA
Demetrius McFarland aka “Mecchi Ruu” Age: 23 Oceanside, CA
Richard Cleveland aka “Face” Age: 37 Oceanside, CA
Larry Monroe Age: 59 Oceanside, CA
Umesh Oza aka “Kevin” Age: 32 Oceanside, CA
SUMMARY OF CHARGES
Title 18, United States Code, Section 1962(d) - Conspiracy to Conduct Enterprise Affairs Through a Pattern of Racketeering Activity; Title 18, United States Code, Section 1963 - Criminal Forfeiture
Maximum Penalties: 20 years’ incarceration, a fine of $250,000, three years of supervised release
As to Defendant Monroe only:
Title 21, United States Code, Section 841(a) – Conspiracy to Distribute Methamphetamine
Maximum Penalties: life in prison with a mandatory minimum 10 years’ incarceration, a fine of $10,000,000, five years of supervised release
AGENCIES
North County Narcotics Task Force
Drug Enforcement Administration
Oceanside Police Department
Internal Revenue Service
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Eagle Butte Man Sentenced for Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Possession of a Firearm by a Prohibited Person was sentenced on August 21, 2017, by U.S. District Judge Roberto A. Lange.
Wacey James Long, age 29, was sentenced to 25 months in custody, followed by 3 years of supervised release, forfeiture of the firearm, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Long was indicted by a federal grand jury on February 15, 2017. He pled guilty on June 6, 2017.
On September 16, 2016, during the execution of a search warrant, law enforcement found and seized a short-barreled shotgun and drug paraphernalia from the apartment Long resided in with another person. Long admitted to using methamphetamine, a Schedule II controlled substance. Because he is an unlawful user of or addicted to a controlled substance, he is unable to lawfully possess firearms.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Long was immediately turned over to the custody of the U.S. Marshals Service.
Durham Man Sentenced to Prison on Money Laundering ChargeRead the Press Release
GREENSBORO, N.C. – A Durham resident was sentenced on August 30, 2017, for money laundering, announced Sandra J. Hairston, Acting United States Attorney for the Middle District of North Carolina.
DAGLISH OMARI OSORO, 30, of Durham, North Carolina, pleaded guilty on May 1, 2017, to one count of engaging in a monetary transaction involving funds derived from the filing of a fraudulent tax return in the name of a third party. He was sentenced by United States District Judge Thomas D. Schroeder to 17 months imprisonment followed by 3 years supervised release. OSORO was also ordered to pay restitution in the amount of $184,445.00.
According to court documents and proceedings, OSORO orchestrated a scheme using others to have eleven (11) to fourteen (14) false individual income tax returns filed with the Internal Revenue Service requesting tax refunds be deposited into a Wachovia/Wells Fargo bank account in the name of OSORO and other members of the conspiracy. Of these false tax returns, only one passed the inspection of the IRS so that a tax refund in the amount of $184,495.00 was authorized and wired to the Wachovia/Wells Fargo bank account on November 18, 2011. OSORO contacted his co-conspirators to inform them of the deposit and they then began to withdraw the funds from ATM’s, in-person branch withdrawals in the amounts of $25,000.00 to $48,000.00 and transfers to other accounts. By December 2011, at least $100,000.00 of the tax refund was withdrawn before the bank accounts were closed for fraud and thereby freezing the remaining balance.
This case was investigated by Internal Revenue Service-Criminal Investigation and prosecuted by AUSA Frank Chut and SAUSA Kennedy Gates.
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Dual Canadian/Chinese Citizen Arrested for Attempting to Steal Trade Secrets and Computer InformationRead the Press Release
BOSTON – A dual citizen of Canada and China was arrested and charged today in connection with attempting to steal trade secrets and computer information from a Raynham-based medical technology company.
Dong Liu, a/k/a Kevin, 44, was charged in a criminal complaint with one count of attempted theft of trade secrets and one count of attempted access to a computer without authorization and in excess of authorized access with the intent to obtain information from a protected computer. Liu was detained following an initial appearance in federal court in Boston this afternoon.
According to the charging documents, Medrobotics Corporation, which is headquartered in Raynham, Mass., manufactures and markets a unique robot-assisted device that provides surgeons with access to, and visualization of, hard-to-reach places in the human body for minimally invasive surgery. The company has invested millions of dollars in next-generation robotics technology that is not yet patented.
It is alleged that around 7:30 p.m. on Aug. 28, 2017, Medrobotics’ CEO spotted a man, later identified as Liu, sitting in a conference room inside the company’s secured space with what appeared to be three open laptop computers. He was not a company employee or contractor, so the CEO asked Liu whom he was there to visit. Liu named one company employee whom the CEO knew was out of the country for a few weeks; Liu then identified another employee whom the CEO knew had not scheduled such a meeting; Liu then named the CEO himself, which the CEO knew was not to be true.
Liu allegedly claimed to be working with a Chinese patent law firm. He showed the CEO his LinkedIn biography, in which Liu claimed to lead his firm’s intellectual property practice in medical devices, among other things. When police responded to the CEO’s call and talked with Liu, Liu gave conflicting explanations about how he had entered the building. A check of Medrobotics’ visitor log book revealed that neither Liu nor any other visitor had signed into the building that day, despite a company policy that requires visitors to log in.
According to charging documents, Liu told the CEO that he had entered Medrobotics just before 5:00 p.m. Further investigation revealed that Liu had been seen in the company’s lobby taking a video of a monitor displaying public corporate information around 5:00 p.m. and again around 6:00, well before he was discovered in the conference room. The investigation also revealed that Liu had been contacting Medrobotics employees via LinkedIn.
When Liu was arrested by the local police for trespassing, he possessed two laptop computers, an iPad, two portable hard drives, 10 cellphone SIM cards, two digital camcorders, at least two flash drives, and other data equipment. Some of these types of equipment can be used to obtain data from computer networks and to video record otherwise-secret physical documents and products. Further investigation will be required to reveal whether Liu’s attempts to obtain computer information or trade secrets were successful.
The charge of attempted theft of trade secrets provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000, or twice the financial gain or loss, restitution, and forfeiture. The charge of attempted access to a computer to obtain information unlawfully provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000, or twice the financial gain or loss, restitution, and forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Raynham Police Chief James W. Donovan; and Bristol County District Attorney Thomas M. Quinn made the announcement today. Medrobotics cooperated with authorities during the investigation. Assistant U.S. Attorney Scott L. Garland of Weinreb’s National Security Unit is prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Doylestown Man Charged with Illegal Reentry After DeportationRead the Press Release
Eleasar Rodriguez-Torres, a/k/a “Rogelio Rodriguez-Martinez,” of Doylestown, PA, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about July 31, 2017, Rodriguez-Torres, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about August 13, 2009, February 25, 2012, April 23, 2012, November 14, 2012, February 27, 2013, April 1, 2013, and January 27, 2014.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Seth M. Schlessinger.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Defendant Charged with Conspiring and Attempting to Provide Material Support to ISIS and Al-Nusrah FrontRead the Press Release
An indictment was unsealed today charging Dilshod Khusanov, 31, a citizen of Uzbekistan, with conspiring and attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS) and al-Nusrah Front, both designated foreign terrorist organizations. The defendant, arrested earlier this morning in Villa Park, Ill., is scheduled to be arraigned this afternoon before U.S. Magistrate Judge M. David Weisman in Chicago.
Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Bridget M. Rohde for the Eastern District of New York, Assistant Director in Charge William F. Sweeney, Jr. of the FBI’s New York Field Office, Special Agent in Charge Michael J. Anderson of the FBI’s Chicago Field Office and Commissioner James P. O’Neill of the NYPD made the announcement.
As alleged in the indictment and other court filings, Khusanov belonged to a group of likeminded individuals who provided financial support for persons in the U.S. travel to Syria to join ISIS or al-Nusrah Front. Four other members of this support group and two persons who attempted to travel to Syria to join ISIS have been indicted in a separate related case. The investigation began when Abdurasul Juraboev, one of Khusanov’s co-conspirators, came to the attention of law enforcement. Juraboev posted on an Uzbek-language website that propagates ISIS’s ideology his offer to engage in an act of martyrdom on U.S. soil on behalf of ISIS, such as killing the then President of the U.S. Barack Obama. The investigation subsequently revealed that Juraboev and another co-conspirator, Akhror Saidakhmetov, planned to travel to Turkey and then to Syria for the purpose of waging violent jihad on behalf of ISIS.
Saidakhmetov was arrested on Feb. 25, 2015, at John F. Kennedy International Airport where he was attempting to board a flight to Istanbul, Turkey. Juraboev previously purchased a plane ticket to travel from New York to Istanbul and was scheduled to leave the U.S. in March 2015. Abror Habibov, Dilkhayot Kasimov, Azizjon Rakhmatov and Akmal Zakirov – were charged in the related case with funding Saidakhmetov’s efforts to join ISIS. Juraboev pleaded guilty on Aug. 14, 2015, while Saidakhmetov pleaded guilty on January 19 and Abror Habibov on August 29 – all to charges of conspiring to provide material support to ISIS.
As alleged in the indictment and other court filings, Khusanov, a legal permanent resident of the U.S., helped to fund the efforts of Saidakhmetov and others to join ISIS or al-Nusrah Front. In particular, Khusanov and Zakirov discussed providing their own money to cover Saidakhmetov’s travel expenses. Khusanov also agreed to raise money from others to fund Saidakhmetov’s travel. In the week leading up to Saidakhmetov’s scheduled departure, Khusanov transferred money into Zakirov’s personal bank account, which funds were intended to facilitate Saidakhmetov’s travel to join ISIS. Khusanov and others also provided financial assistance for other persons from the U.S. to join either ISIS or al-Nusrah Front.
If convicted, Khusanov faces a maximum sentence of 30 years in prison. The charges in the superseding indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors.
Assistant U.S. Attorneys Alexander A. Solomon, Douglas M. Pravda, Peter W. Baldwin and David K. Kessler of the Eastern District of New York and Trial Attorney Steven Ward of the Counterterrorism Section of the National Security Division are prosecuting the case, with assistance from Assistant U.S. Attorney Barry Jonas of the Northern District of Illinois.
Defendant Charged with Conspiring and Attempting to Provide Material Support to ISISRead the Press Release
Earlier today, an indictment was unsealed in federal court in Brooklyn, New York, charging Dilshod Khusanov with conspiring and attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS) and al-Nusrah Front, both designated foreign terrorist organizations. The defendant, arrested earlier this morning in Villa Park, Illinois, is scheduled to be arraigned this afternoon before United States Magistrate Judge M. David Weisman at the U.S. Courthouse, 219 South Dearborn Street, Chicago, Illinois.
The charges were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Dana J. Boente, Acting Assistant Attorney General for National Security, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office, Michael J. Anderson, Special Agent-in-Charge, Federal Bureau of Investigation, Chicago Field Office, and James P. O’Neill, Commissioner, New York City Police Department (NYPD).
“Those who seek to fight for foreign terrorist organizations like ISIS and al-Nusrah Front cannot accomplish their goal without financial support,” stated Acting U.S. Attorney Bridget M. Rohde. “This Office, together with our law enforcement partners, will work tirelessly to identify and hold accountable individuals like the defendant who provide such financial support, as well as to eliminate such support.” Ms. Rohde expressed her gratitude to the Chicago FBI Joint Terrorism Task Force, the U.S. Immigration and Customs Enforcement-Homeland Security Investigations, U.S. Customs and Border Protection, the Chicago Police Department, and the Illinois State Police for their assistance during the investigation.
“As alleged, Khusanov conspired to provide funding enabling multiple terrorists to attempt travel to Syria to join groups like ISIS or al-Nusrah. The FBI has a long history of successfully targeting not only the associates of criminal groups, but also group leadership,” stated FBI Assistant Director-in-Charge Sweeney. “This case is no different. It demonstrates the Joint Terrorism Task Force’s unwavering commitment to arresting and convicting both those seeking to join terrorist groups and those who conspire to support their efforts.”
“This is the latest example of the work the Joint Terrorism Task Force does every day in New York City to protect us from those seeking to join terrorist organizations or fund their operations,” said Police Commissioner O’Neill. “I’m thankful to the work by the detectives, agents, and prosecutors whose work on this case—and many like it—led to today’s arrest.”
As alleged in the indictment and other court filings, Khusanov belonged to a group of like-minded individuals who provided financial support for persons in the United States to travel to Syria to join ISIS or al-Nusrah Front. Four other members of this support group and two persons who attempted to travel to Syria to join ISIS have been indicted in a separate related case. The investigation began when Abdurasul Juraboev, one of Khusanov’s co-conspirators, came to the attention of law enforcement. Juraboev posted on an Uzbek-language website that propagates ISIS’s ideology his offer to engage in an act of martyrdom on U.S. soil on behalf of ISIS, such as killing then-President of the United States Barack Obama. The investigation subsequently revealed that Juraboev and another co-conspirator, Akhror Saidakhmetov, planned to travel to Turkey and then to Syria for the purpose of waging violent jihad on behalf of ISIS. Saidakhmetov was arrested on February 25, 2015, at John F. Kennedy International Airport where he was attempting to board a flight to Istanbul, Turkey. Juraboev had previously purchased a plane ticket to travel from New York to Istanbul and was scheduled to leave the United States in March 2015. Abror Habibov, Dilkhayot Kasimov, Azizjon Rakhmatov, and Akmal Zakirov were charged in the related case with funding Saidakhmetov’s efforts to join ISIS. Juraboev pleaded guilty on August 14, 2015; Saidakhmetov pleaded guilty on January 19, 2017; and Habibov pleaded guilty on August 29, 2017 – all to charges of conspiring to provide material support to ISIS.As alleged in the indictment and other court filings, Khusanov helped to fund the efforts of Saidakhmetov and others to join ISIS or al-Nusrah Front. In particular, Khusanov and Zakirov discussed providing their own money to cover Saidakhmetov’s travel expenses. Khusanov also agreed to raise money from others to fund Saidakhmetov’s travel. In the week leading up to Saidakhmetov’s scheduled departure, Khusanov transferred money into Zakirov’s personal bank account, which funds were intended to facilitate Saidakhmetov’s travel to join ISIS. Khusanov and others also provided financial assistance for other persons from the United States to join either ISIS or al-Nusrah Front.
If convicted, Khusanov faces a maximum sentence of 30 years in prison. The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorneys Alexander A. Solomon, Douglas M. Pravda, Peter W. Baldwin, and David K. Kessler are in charge of the prosecution, with assistance provided by Assistant United States Attorneys Barry Jonas and Peter Flanagan of the United States Attorney’s Office for the Northern District of Illinois, and Trial Attorney Steven Ward of the Counterterrorism Section of the National Security Division of the Department of Justice.
The Defendant:
DILSHOD KHUSANOVAge: 31
Nationality: Uzbekistan
E.D.N.Y. Docket No. 17-CR-475 (WFK)
Decatur Man Indicted for Drug-Trafficking ConspiracyRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Decatur man on drug-trafficking and firearms charges, announced U.S. Attorney Jay E. Town and federal Drug Enforcement Administration Assistant Special Agent in Charge Bret Hamilton.
An indictment filed in U.S. District Court charges JESSIE SANCHEZ, 24, with conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine in Morgan County between November 2015 and Dec. 14, 2016.
The indictment also charges Sanchez with possessing with intent to distribute at least 50 grams of methamphetamine in two locations in Morgan County on June 9, 2016, and possessing cocaine on that date with intent to distribute it. The indictment further charges Sanchez with possessing a Ruger 9mm pistol on June 9, 2016, in furtherance of the drug possession on that date and the overall drug conspiracy.
On Dec. 14, 2016, Sanchez possessed with intent to distribute 50 grams or more of methamphetamine in Morgan County and possessed a Taurus 9mm pistol in furtherance of that drug possession and the larger drug conspiracy, the indictment charges.
The penalty for conspiracy to distribute and for possession with intent to distribute 50 grams or more of methamphetamine is 10 years to life in prison and a $10 million fine. The maximum penalty for possession with intent to distribute cocaine is 20 years in prison and a $1 million fine. Possessing a firearm in furtherance of a drug-trafficking offense carries a minimum five-year prison sentence, which must be served consecutively to any other sentence imposed for the crime, and a maximum $250,000 fine.
DEA investigated the case in conjunction with the Decatur Police Department and the Morgan County Sheriff’s Office. Assistant U.S. Attorney Mary Stuart Burrell is prosecuting the case.
An indictment carries only charges. A defendant is presumed innocent unless and until proven guilty.
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Cuong Cao “Calvin” Dang Sentenced to 7 ½ Years in Prison for Role in $37M Cisco Fraud and Related CrimesRead the Press Release
SAN JOSE – Cuong Cao “Calvin” Dang was sentenced to 90 months in prison for his role in a scheme to sell products stolen from Cisco Systems by its employees, announced United States Attorney Brian J. Stretch, and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The sentence was handed down today in San Jose by the Honorable Edward J. Davila, U.S. District Judge, following the entry of two guilty plea agreements. In the first plea agreement, Dang admitted to running a business that bought and sold merchandise stolen from Cisco. In the second plea agreement, Dang admitted to blackmailing a person by threatening to tell the government about the person’s involvement with the fraud scheme.
According to the plea agreement, Dang, 47, of San Jose, Calif., owned and operated Network Genesis, based in San Jose, from approximately January 2006 until January 23, 2013. Dang admitted to having a small network of Cisco employees who delivered stolen Cisco merchandise to Network Genesis for resale to customers both in and outside California. Dang admitted that, to cover his tracks, he changed the serial numbers on the stolen merchandise and created fraudulent “test sheets” to give to customers. (A test sheet shows the diagnostic information, including the serial number, for a particular part.) Dang also admitted using nominees to launder the illicit proceeds, enabling him to obtain large amounts of cash without having the money go through bank accounts associated with him or his businesses.
On October 30, 2013, a federal grand jury returned a superseding indictment in which Dang and seven other defendants were charged with various offenses related to Dang’s scheme. For his part, Dang was charged with conspiracy to commit mail fraud, in violation of 18 U.S.C. § 1349; six substantive mail fraud counts, in violation of 18 U.S.C. § 1341; two counts of engaging in financial transactions (money laundering) using criminally derived proceeds, in violation of 18 U.S.C. § 1957; and six counts of money laundering, in violation of 18 U.S.C. §§ 1956(a)(1)(A)(i) and (a)(1)(B)(i).
On December 11, 2015, Dang entered into the first of two plea agreements. In this plea agreement, Dang pleaded guilty to one count of conspiracy to commit mail fraud, one count of mail fraud, one count of money laundering, and one count of money laundering of criminally derived proceeds. Dang admitted that Network Genesis’s business was “overwhelmingly that of buying and selling merchandise stolen from Cisco” by its employees. Dang also admitted that from January 2006 until Network Genesis was raided by federal law enforcement officers in January 2013, sales revenues totaled approximately $37,000,000. Despite entering into this plea agreement and admitting this criminal conduct, Dang did not cease all of his criminal activity.
As part of his original plea agreement, Dang participated in interviews with agents for the government to provide detailed information about all of his Network Genesis activities. Dang promised to provide details of financial transactions in which he participated and government agents specifically asked Dang about the details of any other instances of potentially unlawful financial transactions in which he may have participated. Instead of providing all such details, Dang and his wife renewed contact with an individual with whom Dang had engaged in financial transactions in the past and blackmailed the individual. Specifically, Dang and his wife demanded that the individual pay $350,000 in exchange for not telling the government about the transactions. With Dang’s agreement, Dang’s wife told the individual that if Dang and his wife were not paid hundreds of thousands of dollars, Dang would “leave [the] name on the list” and tell the government about the individual. Over time, the individual paid approximately $270,000 to Dang and his wife in exchange for Dang’s silence.
On March 9, 2017, a grand jury indicted Dang and charged him with obstruction of justice, in violation of 18 U.S.C. § 1510; contempt, in violation of 18 U.S.C. § 401(3); and blackmail, in violation of 18 U.S.C. § 873. Dang pleaded guilty to all three charges yesterday. His wife, Ly Thi Be Le, was also charged in the same indictment with obstruction of justice and blackmail. She pleaded guilty to the blackmail charge. Le’s sentencing is scheduled for December 11, 2017.
Dang’s co-defendants include Loc Xuan Hoang, Thuy Nguyen, Long Pham, Emily Le, David Huynh, and Edwin Lin. Judge Davila has sentenced Loc Xuan Hoang to 14 months’ imprisonment, Thuy Nguyen to 15 months’ imprisonment, Long Pham to 12 months and 1 day in prison, and Edwin Lin to time served. Sentencings for Emily Le and David Huynh, are scheduled to take place in 2018.
In addition to the prison term, Judge Davila also sentenced Dang to serve a three-year period of supervised release. The amount of restitution to the blackmail victim will be determined at the December 11, 2017, sentencing hearing. Judge Davila ordered Dang to begin serving his sentence immediately.
Assistant United States Attorney Amie Rooney is prosecuting the case with the assistance of Elise Etter and Lakisha Holliman. The prosecution is the result of an investigation by the IRS Criminal Investigation, with the assistance of the Santa Clara Regional Enforcement Allied Computer Team (R.E.A.C.T.) Task Force.
Convicted Felon Charged with Illegal Gun PossessionRead the Press Release
PHILADELPHIA – Garrett Marcus Matthews, 32, of Reading, was charged today by indictment[1] with possession of a firearm by a convicted felon, announced acting United States Attorney Louis D. Lappen. According to the indictment, on March 25, 2017, Matthews was in possession of a Glock GmbH, Model 23, caliber .40 S&W, semi-automatic pistol with serial number PVP005, and a Glock GmbH, Model 27, caliber .40 S&W, semi-automatic pistol with serial number LPH954.
If convicted, Matthews faces a mandatory-minimum term of 15-years’ imprisonment, a maximum term of life imprisonment, up to five-years of supervised release, a maximum fine of $250,000, and a $100 special assessment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Montgomery County Detective Bureau, and the Pennsylvania Attorney General’s Office. It is being prosecuted by Assistant United States Attorney José R. Arteaga.
[1] An Indictment or Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Convicted Felon Charged with Illegal Gun PossessionRead the Press Release
PHILADELPHIA – Gilbert Lemar Bates, 42, of Philadelphia, was charged today by indictment[1] with possession of a firearm by a convicted felon, announced acting United States Attorney Louis D. Lappen. According to the indictment, on May 11, 2017, Bates was in possession of Ruger, Model P345, .45 caliber semi-automatic handgun bearing serial number 665-04763 and loaded with seven live rounds of .45 caliber ammunition, and on May 18, 2017, Bates was in possession of Smith & Wesson, Model 10-7, .38 caliber revolver bearing serial number 53984, which was loaded with six live rounds of .38 caliber ammunition.
If convicted, Bates faces a maximum term of ten-years’ imprisonment, up to three-years of supervised release, a maximum fine of $250,000, and a $100 special assessment.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department. It is being prosecuted by Assistant United States Attorney José R. Arteaga.
[1] An Indictment or Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Chula Vista Resident Guilty of Illegal Importation of $3 Million of AbaloneRead the Press Release
Assistant U.S. Attorney Melanie K. Pierson
(619) 546-7976
NEWS RELEASE SUMMARY – August 30, 2017
SAN DIEGO – Chula Vista resident Yon Pon Wong pleaded guilty in federal court today to illegally importing $3 million of abalone.
In pleading guilty, Wong, doing business as Lucky Company, admitted that he imported the abalone using commercial invoices that falsely identified the seller. The 43 importations Wong referred to occurred between February of 2012, and July of 2015, and involved a total of approximately 67,500 kilograms (148,500 pounds) of abalone. The invoices falsely stated the seller to be Exportadora De Mariscos De Mexico, SA de CV, at the false address of Calle Cubilete No 110, Fracc Capistrano, Tijuana, Mexico. As part of his plea, Wong agreed to forfeit $500,000 of proceeds of the illegal importation.
Abalone is a highly regulated fishery in Mexico. The laws of Mexico require that commercial invoices have sufficient information on them to allow tracking of the seafood to its lawful origin. An invoice lacking the true name and address of the vendor does not permit authorities on either side of the border to trace the origin of the product.
“NOAA's Office of Law Enforcement is committed to the prevention, deterrence, and elimination of illegal trafficking of marine species,” said James Landon, Director of NOAA’s Office of Law Enforcement. “It is our priority to protect species, such as abalone, that are listed by NOAA Fisheries as species of concern, or that are identified as threatened or endangered.”
“Wong’s guilty plea represents the commitment of our agents to bring to justice the individuals and companies seeking to defraud the government,” said Dave Shaw, Special Agent in Charge for Homeland Security Investigations in San Diego. “HSI hopes that the prosecution of seafood import companies and its principals will send a strong message to others seeking to violate U.S. trade laws. HSI will continue to work with its local and international law enforcement partners to enforce these laws.”
“One of the highest priorities of the U.S. Fish and Wildlife Service Office of Law Enforcement is to investigate individuals and companies that are involved in the unlawful commercial trafficking and smuggling of protected animals and plants here and around the world,” said Dan Crum, Assistant Special Agent in Charge. “The U.S. Fish and Wildlife Service, along with our agency partners, will work tirelessly to dismantle wildlife trafficking schemes, and ensure that those engaged in the illegal black market are held accountable.”
Wong was ordered to appear before U.S. District Court Judge Larry A. Burns on November 20, 2017, at 9:00 am for sentencing.
DEFENDANT Criminal Case No. 17cr2443-LAB
Yon Pon Wong Age: 65 Chula Vista, California
SUMMARY OF CHARGES
False Labeling, 16 U.S.C. § 3372(d)(1) and 3373(d)(3)(A)(i)
Maximum penalty: 5 years’ prison, fine of $250,000 or twice the gross gain or loss caused by the offense, restitution, forfeiture of proceeds generated from the, three years of supervised release.
AGENCIES
National Oceanic and Atmospheric Administration, Office of Law Enforcement
Homeland Security Investigations
U.S. Fish and Wildlife Service, Office of Law Enforcement
Chinese National Sentenced to Three Years for Attempting to Illegally Export High-Grade Carbon Fiber to ChinaRead the Press Release
Fuyi Sun, aka “Frank,” 53, a citizen of the People’s Republic of China (China), was sentenced today to three years in prison for violating the International Emergency Economic Powers Act (IEEPA) in connection with a scheme to illegally export to China, without a license, high-grade carbon fiber, which is used primarily in aerospace and military applications. Sun pleaded guilty on April 21.
Acting Assistant Attorney General for National Security Dana J. Boente and Acting U.S. Attorney Joon H. Kim for the Southern District of New York made the announcement. U.S. District Judge Alvin K. Hellerstein issued the sentence.
“Today, Sun is being held accountable for attempting to procure high grade carbon fiber – a material which has dual aerospace and defense applications – for a source he identified as the Chinese military,” said Acting Assistant Attorney General Boente. “Identifying and prosecuting those who seek to violate IEEPA and other laws designed to protect our strategic commodities from those who may wish us harm remains a top priority of the National Security Division.”
“For nearly five years, Fuyi Sun tried to skirt U.S. export laws to obtain high-grade carbon fiber for the Chinese government. He spent thousands of dollars and took years of covert actions to avoid detection of his plan to purchase this highly protected material,” said Acting U.S. Attorney Kim. “Unbeknownst to Sun, however, he wasn’t making a deal with an unscrupulous company – he was dealing with undercover federal law enforcement agents, who foiled his clandestine plot.”
According to the allegations contained in the Complaint and Indictment filed against Sun, and statements made in court filings and proceedings in open court:
Since approximately 2011, Sun has attempted to acquire extremely high-grade carbon fiber, including Toray type M60JB-3000-50B carbon fiber (M60 Carbon Fiber). M60 Carbon Fiber has applications in aerospace technologies, unmanned aerial vehicles (commonly known as drones) and other government defense applications. Accordingly, M60 Carbon Fiber is strictly controlled for nuclear non-proliferation and anti-terrorism reasons. As part of these restrictions, the export of M60 Carbon Fiber to China without a license is prohibited.
In furtherance of his attempts to illegally export M60 Carbon Fiber from the U.S. to China without a license, Sun contacted what he believed was a distributor of carbon fiber – but which was, in fact, an undercover entity created by the Department of Homeland Security, Homeland Security Investigations (HSI) and “staffed” by HSI undercover special agents (the UC Company). Sun inquired about purchasing the M60 Carbon Fiber without the required license. In the course of his years-long communications with the undercover agents and UC Company, Sun suggested various security measures that he believed would protect them from “U.S. intelligence.” Among other such measures, at one point, Sun instructed the undercover agents to use the term “banana” instead of “carbon fiber” in their communications. Consequently, soon thereafter he inquired about purchasing 450 kilograms of “banana” for more than $62,000. In order to avoid detection, Sun also suggested removing the identifying barcodes for the M60 Carbon Fiber, prior to transshipment, and further suggested that they identify the M60 Carbon Fiber as “acrylic fiber” in customs documents.
On April 11, 2016, Sun traveled from China to New York for the purpose of purchasing M60 Carbon Fiber from the UC Company. During meetings with the undercover agents on April 11 and 12, among other things, Sun repeatedly suggested that the Chinese military was the ultimate end-user for the M60 Carbon Fiber he sought to acquire from the UC Company, and claimed to have personally worked in the Chinese missile program. Sun further asserted that he maintained a close relationship with the Chinese military, had a sophisticated understanding of the Chinese military’s need for carbon fiber, and suggested that he would be supplying the M60 Carbon Fiber to the Chinese military or to institutions closely associated with it.
On April 12, 2016, Sun agreed to purchase two cases of M60 Carbon Fiber from the UC Company. On that date, Sun paid the undercover agents purporting to represent the UC Company $23,000 in cash for the carbon fiber, as well as an additional $2,000 as compensation for the risk he believed the UC Company was taking to illegally export the carbon fiber to China without a license. Sun was arrested the next day.
***
Mr. Boente and Mr. Kim praised the extraordinary investigative work of the New York Field Office of the Department of Homeland Security, Homeland Security Investigations; the New York Field Office of the Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement; and the Northeast Field Office of the Department of Defense, Defense Criminal Investigative Service. Mr. Kim also thanked the Counterintelligence and Export Control Section of the National Security Division.
Assistant U.S. Attorneys Matthew Podolsky, Patrick Egan and Nick Lewin of the Southern District of New York, and Trial Attorney David Recker of the Counterintelligence and Export Control Section of the National Security Division are prosecuting the case.
Chinese National Sentenced in Manhattan Federal Court to 3 Years in Prison for Attempting to Illegally Export High-Grade Carbon Fiber to ChinaRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Dana J. Boente, the Acting Assistant Attorney General for the National Security Division of the Department of Justice (“NSD”), announced that FUYI SUN, a/k/a “Frank,” a citizen of the People’s Republic of China (“China”), was sentenced today in Manhattan federal court to three years in prison for violating the International Emergency Economic Powers Act (“IEEPA”) in connection with a scheme to illegally export to China, without a license, high-grade carbon fiber, which is used primarily in aerospace and military applications. SUN pled guilty on April 21, 2017, before United States District Judge Alvin K. Hellerstein, who also imposed today’s sentence.
Acting Manhattan U.S. Attorney Joon H. Kim said: “For nearly five years, Fuyi Sun tried to skirt U.S. export laws to obtain high-grade carbon fiber for the Chinese government. He spent thousands of dollars and took years of covert actions to avoid detection of his plan to purchase this highly protected material. Unbeknownst to Sun, however, he wasn’t making a deal with an unscrupulous company– he was dealing with undercover federal law enforcement agents, who foiled his clandestine plot.”
NSD Acting Assistant Attorney General Dana J. Boente said: “Today, Sun is being held accountable for attempting to procure high grade carbon fiber – a material which has dual aerospace and defense applications – for a source he identified as the Chinese military. Identifying and prosecuting those who seek to violate IEEPA and other laws designed to protect our strategic commodities from those who may wish us harm remains a top priority of the National Security Division.”
According to the allegations contained in the Complaint and Indictment filed against SUN, and statements made in court filings and proceedings in open court:
Since approximately 2011, SUN has attempted to acquire extremely high-grade carbon fiber, including Toray type M60JB-3000-50B carbon fiber (“M60 Carbon Fiber”). M60 Carbon Fiber has applications in aerospace technologies, unmanned aerial vehicles (commonly known as “drones”), and other government defense applications. Accordingly, M60 Carbon Fiber is strictly controlled for nuclear non-proliferation and anti-terrorism reasons. As part of these restrictions, the sale of M60 Carbon Fiber to China without a license is prohibited.
In furtherance of his attempts to illegally export M60 Carbon Fiber from the United States to China without a license, SUN contacted what he believed was a distributor of carbon fiber – but which was, in fact, an undercover entity created by the Department of Homeland Security, Homeland Security Investigations (“HSI”) and “staffed” by HSI undercover special agents (the “UC Company”). SUN inquired about purchasing the M60 Carbon Fiber without the required license. In the course of his years-long communications with the undercover agents and UC Company, SUN repeatedly suggested various security measures that he believed would protect them from “U.S. intelligence.” Among other such measures, at one point, SUN instructed the undercover agents to use the term “banana” instead of “carbon fiber” in their communications. Consequently, soon thereafter he inquired about purchasing 450 kilograms of “banana” for more than $62,000. In order to avoid detection, SUN also suggested removing the identifying barcodes for the M60 Carbon Fiber, prior to transshipment, and further suggested that they identify the M60 Carbon Fiber as “acrylic fiber” in customs documents.
On April 11, 2016, SUN traveled from China to New York for the purpose of purchasing M60 Carbon Fiber from the UC Company. During meetings with the undercover agents on April 11 and 12, among other things, SUN suggested that the Chinese military was the ultimate end-user for the M60 Carbon Fiber he sought to acquire from the UC Company, and claimed to have personally worked in the Chinese missile program. SUN further asserted that he maintained a close relationship with the Chinese military, had a sophisticated understanding of the Chinese military’s need for carbon fiber, and suggested that he would be supplying the M60 Carbon Fiber to the Chinese military or to institutions closely associated with it.
On April 12, 2016, SUN agreed to purchase two cases of M60 Carbon Fiber from the UC Company. On that date, SUN paid the undercover agents purporting to represent the UC Company $23,000 in cash for the carbon fiber, as well as an additional $2,000 as compensation for the risk he believed the UC Company was taking to illegally export the carbon fiber to China without a license. SUN was arrested the next day.
* * *
SUN, 53, is from Shanghai, China.
Mr. Kim and Mr. Boente praised the extraordinary investigative work of the New York Field Office of the Department of Homeland Security, Homeland Security Investigations; the New York Field US Department of Commerce, Office of Export Enforcement, New York Field Office; and the Northeast Field Office of the Department of Defense, Defense Criminal Investigative Service. Mr. Kim also thanked the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division.
This prosecution is being handled by the Office’s Terrorism and International Narcotics Unit and its Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Matthew Podolsky, Patrick Egan, and Nick Lewin are in charge of the prosecution, with assistance from Trial Attorney David Recker of the Counterintelligence and Export Control Section.
Cambria County Man Admits He Possessed Pornographic Photos and Videos of ChildrenRead the Press Release
JOHNSTOWN, Pa. – A resident of Northern Cambria, Pa. pleaded guilty in federal court to a charge of possession of child pornography, Acting United States Attorney Soo C. Song announced today.
Anthony P. Mason, Jr., 24, of Northern Cambria, Pa., pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, on April 19, 2016, Mason knowingly possessed pictures and videos in individual computer graphic files which were produced using prepubescent minors engaging in sexually explicit conduct. The computer graphic files were shipped or transported in interstate or foreign commerce.
Judge Gibson scheduled sentencing for December 12, 2017, at 10:00 a.m. The law provides for a maximum total sentence of 20 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation conducted the investigation that led to the prosecution of Mason.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who sexually exploit children and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Buffalo Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jose Dejesus, 35, of Buffalo, NY, pleaded guilty to possession with intent to distribute heroin and being a felon in possession of ammunition before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 30 years in prison and a $250,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who handled the case, stated that on November 10, 2016, Buffalo Police officers executed a search warrant at 224 Virginia Street. After entering the residence, officers found the defendant in the rear bedroom. Officers recovered 16 envelopes containing heroin, 17 pieces of paper containing cocaine, and a plastic bag of marijuana. Officers also found a digital scale and packaging materials in the rear bedroom as well as a 12-gauge shotgun and ammunition. Dejesus was convicted in state court of a felony in 2003 and is prohibited from legally possessing ammunition.
The plea is the result of an investigation by the Buffalo Police Department, under the direction of Commissioner Daniel Derenda and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Sentencing is scheduled for December 14, 2017 before Judge Arcara.
Brazilian National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON – Geovane Jose Ferreira, 34, a Brazilian national, was charged today in federal court in Boston with one count of unlawful reentry of a deported alien.
According to the indictment, Ferreira was previously deported on Dec. 17, 2003. On Aug. 2, 2017, law enforcement officers in Essex encountered Ferreira and determined him to be unlawfully present in the United States.
Ferreira faces a sentence of no greater than two years in prison, one year of supervised release, a fine of $250,000 and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney David G. Tobin of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Black Elk Energy Offshore Operations LLC. Convicted of Worker Safety and Clean Water Act Violations in Connection to Offshore ExplosionRead the Press Release
Black Elk Energy Offshore Operations LLC (BEE), a privately held limited liability company headquartered in Houston, Texas, was sentenced today on eight felony violations of the Outer Continental Shelf Lands Act (OCSLA) and one misdemeanor count of violating the Clean Water Act before the Honorable U.S. District Judge Jane Triche Milazzo, announced Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division and Acting U.S. Attorney Duane A. Evans for the Eastern District of Louisiana.
The charges stemmed from events causing an explosion in November 2012 on an offshore oil production platform that resulted in the deaths of three workers and injuries to several others. This case is also related to the recent conviction of Wood Group PSN in the Western District of Louisiana for their role in operations on the platform.
In accordance with a plea agreement, the Court ordered BEE to pay a $4.2 million monetary penalty. However, due to BEE’s bankruptcy, the $4.2 million agreed monetary penalty will be a general unsecured claim against BEE’s bankruptcy estate entitled to a pro rata distribution from the trust with other allowed unsecured claims against BEE. On Aug. 11, 2015, four of BEE’s creditors filed an involuntary chapter 7 bankruptcy case against BEE in the U.S. Bankruptcy Court for the Southern District of Texas. The case converted to a voluntary chapter 11 case shortly thereafter. Under a Chapter 11 plan of liquidation confirmed on July 13, 2016, BEE’s assets were transferred into two trusts, and a trustee will administer distributions to creditors from funds in one of the trusts.
According to the court documents, beginning on Nov. 3, 2012, after pipeline repairs, BEE undertook platform repairs to include replacing equipment and installing a divert valve on the platform’s Lease Automatic Custody Transfer (LACT) unit and tying it into the sump line piping. The LACT system was the last point in the production process prior to the oil leaving West Delta 32 and entering the sales transmission pipeline.
Some of the construction projects on West Delta 32 required “hot work,” or welding, grinding, and/or any other activity that may produce a spark. Hot work on an oil production facility is a hazardous activity capable of causing injury or death. Title 30 of the Code of Federal Regulations requires that written permission, commonly referred to as a “hot work permit,” be issued by the welding supervisor or designated person in charge (PIC) before any hot work on a production platform begin. At a maximum, a hot work permit is valid for 12 hours. Once a hot work permit expires, all the precautionary steps should be complete before a new hot work permit is issued.
Starting on or about Nov. 8, 2012, Christopher Srubar, a co-defendant and Wood Group PSN employee and West Delta 32 PIC, issued hot work permits for the construction work related to the West Delta 32 projects. However, Srubar stopped issuing hot work permits and conducting all-hands safety meetings and instead delegated the permitting to the Wood Group PSN “C” operator. Neither Srubar nor the “C” operator conducted a daily pre-work inspection with the construction crew, staffed by Grand Isle Shipyards (GIS), nor did they designate a fire watch for the hot work areas.
On or about Nov. 15, 2012, hot work commenced on the LACT unit with the knowledge of co-defendants Don Moss and Curtis Dantin. Moss and Dantin did not ask Srubar if he completed a safety check of the area. In addition, they did not complete a pre-work inspection or issue a warning to the GIS crews to step welding on the sump line piping. Instead, Dantin instructed some of the crew to begin the welding of the sump line piping for the LACT unit upgrade. The single hot work permit the “C” operator issued for Nov. 16 did not state that the LACT unit or sump line piping as areas that were safe for hot work.
Workers started to make cuts to the sump line piping leading to the Wet Oil Tank, causing liquid to spill from the piping. At approximately 9:00 a.m., hydrocarbon vapors that escaped from the Wet Oil Tank ignited, causing a series of explosions in the three oil tanks on the platform. The fire and explosions resulted in the deaths of GIS employees Avelino Tajonera, Elroy Corporal, and Jerome Malagapo. Other workers were seriously burned and physically injured.
BEE admitted that its employees and agents were negligent in the manner in which they planned and executed the hot work on West Delta 32 platform, and that the acts of their agents and employees violated the regulations in 30 C.F.R. § 250.113 promulgated under the OCSLA.
Co-defendant GIS faces manslaughter charges, and Dantin, Srubar, and Moss face criminal violations of the Clean Water Act in the Eastern District of Louisiana. The OCSLA charges against GIS, Moss, Srubar, and Dantin, were dismissed by the district court and are pending an interlocutory appeal by the government to the U.S. Fifth Circuit Court of Appeals, argued on May 1, 2017.
The U.S. Department of the Interior-Office of Inspector General and the U.S. Environmental Protection Agency-CID conducted the investigations. Assistant U.S. Attorneys Emily Greenfield and Nicholas Moses, and Senior Trial Attorney Kenneth Nelson of the Environment and Natural Resources Division prosecuted the case.