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Wednesday 16 August 2017
Albany Woman Sentenced for Unlawful Possession of a FirearmRead the Press Release
NEW YORK - Stacey E. Mendoza, 41, of Albany, was sentenced today to serve thirty-seven (37) months in prison following her guilty plea to being a felon in possession of a firearm. The announcement was made by Acting United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
As part of her guilty plea, Mendoza admitted that on the evening of June 21, 2016, she fired a 12-gauge shotgun from the window of a third-story apartment on Clinton Avenue in Albany, New York, during a dispute with a neighbor. In sentencing Mendoza, Judge D’Agostino told the defendant that she placed the public “in great danger” when she fired the shotgun “on a very inhabited street [at] a time when you would expect people to be mulling around.” Mendoza was also ordered to serve three (3) years of supervised release following her prison sentence.
This case was investigated by ATF and the Albany Police Department, and was prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
Akron man indicted for having carfentanil and a firearmRead the Press Release
An Akron man was indicted for having carfentanil and a firearm, said Acting U.S. Attorney David A. Sierleja.
Tedre L. Davis, 26, was indicted on one count each of being a felon in possession of a firearm and possession of carfentanil with the intent to distribute.
Davis was found on May 30 to have nearly two grams of carfentanil as well as a Kel-Tec .22-caliber pistol and ammunition, despite prior convictions for carrying a concealed weapon and drug conveyance onto government property, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Mark S. Bennett following an investigation by the Akron Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Additional Charges and Defendants Named in Chiropractic Insurance Fraud ConspiraciesRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced additional federal charges in alleged multi-million dollar health care fraud conspiracies. Following the indictments of 12 defendants in December 2016, a federal grand jury added four defendants and additional mail fraud and wire fraud charges in connection with parallel conspiracies that executed schemes to fraudulently bill insurance companies for millions of dollars.
Under the Minnesota No-Fault Automobile Insurance Act, auto insurance policies must include a personal injury protection provision (PIP). The PIP provision carries a minimum coverage amount of $40,000 for expenses resulting from injuries sustained in an automobile accident, $20,000 of which may be used for medical expenses.
According to the charging documents, at various times between at least 2010 and 2016, chiropractors PRESTON E. FORTHUN, ANGELA A. SCHULZ, HUY NGOC NGUYEN, ADAM J. BURKE, and other Doctors of Chiropractic, engaged in schemes with others to defraud automobile insurance companies. The schemes, which were nearly identical fraud schemes largely carried out independent of one another, involved the submission of fraudulent no-fault insurance claims. The chiropractors involved in the scheme would submit claims and receive reimbursements for chiropractic services that either were not medically necessary or were never rendered, but were instead designed to fraudulently maximize reimbursement from the patients’ automobile insurance companies.
According to the charging documents, in order to get more patients to come to chiropractic appointments for treatment they did not need, the chiropractors would make illegal payments to “runners,” who typically made upwards of $1,000 per automobile accident patient, in exchange for bringing the patient into the chiropractor’s office. Runners were often not paid, or paid only in part, until after the patient had attended a minimum threshold number of treatment sessions. In order to keep the patients coming back for medically unnecessary appointments, the runners often paid illegal kickbacks to the patients. In addition to the runners charged in the December 2016 indictments, MIMI DOAN, OKWUCHUKWU JIDEOFOR, QUINCY CHETTUPALLY and MUKHTAR HASSAN have been charged for their roles in the conspiracies.
According to the charging documents, some of the charged chiropractors would conceal the kickback payments in various ways. For example, FORTHUN wrote checks to runners and falsely described those checks on the memo lines as payments for services such as “transportation” or “marketing.” Defendant BURKE encouraged runners to form corporate entities such as LLCs with names that sounded like legitimate businesses to which BURKE made kickback payments. Defendant NGUYEN tried to conceal kickback payments by making checks out to “cash” for several thousand dollars. He often wrote multiple such checks each week, falsely characterizing them as having been for “chiropractic supplies” of “office supplies.”
This case is the result of an investigation conducted by the Minnesota Commerce Fraud Bureau and the FBI. Additional assistance was provided by the Minneapolis Police Department, Saint Paul Police Department, Minnesota State Patrol, and Homeland Security Investigations.
This case is being prosecuted by Assistant U.S. Attorneys David M. Maria and John E. Kokkinen.
Defendant Information:
ANGELA A. SCHULZ, 48
Chaska, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 16 counts
PRESTON E. FORTHUN, 39
Bloomington, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 13 counts
HUY NGOC NGUYEN, 42
Brooklyn Park, Minn.
Charges:
-
Conspiracy to commit mail fraud and wire fraud, 1 count
- Mail fraud, 6 counts
- Wire fraud, 5 counts
ADAM JOHN BURKE, 33
Minneapolis, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 12 counts
QUINCY CHETTUPALLY, 42
Brooklyn Park, Minn.
Charges:
- Conspiracy to commit wire fraud, 1 count
- Wire fraud, 2 counts
MIMI HUU DOAN, 34
Maple Grove, Minn.
Charges:
- Conspiracy to commit mail fraud and wire fraud, 1 count
- Mail fraud, 3 counts
- Wire fraud, 1 count
OKWUCHUKWU EMMANUEL JIDEOFOR, 33
Oakdale, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 1 count
MUKHTAR YUSUF HASSAN, 35
Minneapolis, Minn.
Charges:
-
Conspiracy to commit mail fraud, 1 count
-
Mail fraud, 4 counts
ABDISALAN ABDULAHAB HUSSEIN, 48
Minneapolis, Minn.
Charges:
- Conspiracy to commit mail fraud and wire fraud, 2 counts
- Mail fraud, 6 counts
- Wire fraud, 2 counts
YAHYE MOHAMED HERROW, 45
Minneapolis, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 4 counts
TEMITAYO IFELOJU OLUSHOLDA DANIEL, 36
Minneapolis, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 4 counts
ABDIRAHIN KHALIF IBRAHIM, 26
Saint Paul, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 3 counts
DANA ENOCH KIDD, 36
Elk River, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
-
Mail fraud, 3 counts
CARLOS PATRICIO LUNA, 49
Minneapolis, Minn.
Charges:
- Conspiracy to commit mail fraud and wire fraud, 1 count
- Mail fraud, 1 count
- Wire fraud, 1 count
JEROME TARLVE DOE, 53
Brooklyn Park, Minn.
Charges:
- Conspiracy to commit wire fraud, 1 count
- Wire fraud, 1 count
NAPOLEAN TUTEX DEAH, 33
New Brighton, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 1 count
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the charging documents are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
39ers Gang Member Evans Lewis SentencedRead the Press Release
Acting U.S. Attorney Duane A. Evans announced today that U.S. Judge Jay C. Zainey sentenced EVANS LEWIS, age 26, to three life sentences for gang-related offenses that he committed in association with the 39ers gang.
COUNT
CHARGE
DEFENDANT
SENTENCE
1
Conspiracy to violate the Racketeer Influence and Corrupt Organization Act (RICO)
LEWIS
Life imprisonment
29
Murder in aid of racketeering
(Littlejohn Haynes)
LEWIS
Mandatory life imprisonment
30
Causing death through the use of a firearm (Littlejohn Haynes)
LEWIS
Life imprisonment
LEWIS, who was a gunman and drug distributor for the organization, was convicted following a six-week long jury trial.
Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation New Orleans Gang Task Force, the New Orleans Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant U.S. Attorneys Myles Ranier, David Haller, Brittany Reed, and Jeff Sandman were in charge of the prosecution.
Tuesday 15 August 2017
Worley Man Pleads Guilty to Stealing $64,321 from the Coeur d'Alene CasinoRead the Press Release
COEUR D’ALENE – Colten Nicholas Curley, 20, of Worley, Idaho, pleaded guilty today to theft by an employee of a gaming establishment, announced Acting U.S. Attorney Rafael Gonzalez. Curley was indicted by a federal grand jury in Coeur d’Alene on April 18, 2017.
According to the plea agreement and statements made in court, Curley was an employee of the Coeur d’Alene Casino. Between August 7, 2016, and November 18, 2016, the date Curley’s employment was terminated, Curley stole $64,321 in cash from the casino’s counting room as he processed money. Many thefts were captured on video surveillance.
Sentencing is set for December 8, 2017, before Chief U.S. District B. Lynn Winmill. The charge of theft by an employee of a gaming establishment is punishable by up to 20 years in prison, a maximum fine of $1,000,000, a term of supervised release of not more than three years and a $100 special assessment.
The case was investigated by the Federal Bureau of Investigation and the Coeur d’Alene Tribal Police Department.
Two defendants plead guilty to federal gun crimesRead the Press Release
CHARLESTON, W.Va. – Two defendants pleaded guilty today to federal gun charges, announced United States Attorney Carol Casto. Carlos Lamont Gray, 26, of Detroit, pleaded guilty to being a felon in possession of a firearm. In a separate prosecution, Edward William Blake, Jr., 52, of Belle in Kanawha County, entered his guilty plea to possessing a firearm after being convicted of a misdemeanor crime of domestic violence.
Gray admitted that on February 20, 2017, he and another individual traded a Ruger .223 caliber rifle for a Smith & Wesson .40 caliber handgun at Bridgeport Equipment in Charleston. Gray also admitted that on March 9, 2017, he was pulled over on Nancy Street in Charleston and officers found the loaded Smith & Wesson handgun on his person. Gray was prohibited from possessing any firearm under federal law because of felony convictions in 2012 in Wayne County, Michigan, for receiving or concealing a stolen vehicle and fleeing a police officer.
In a separate prosecution, Blake admitted that on April 18, 2016, officers responded to a domestic violence call at his residence in Belle. The encounter resulted in Blake’s arrest and in his wife being taken to the hospital. When officers returned later that evening with his wife, she informed them that Blake had a gun in the home that he had hidden prior to their arrival earlier in the day. The wife took the officers into the master bedroom and opened a drawer in a small nightstand beside the bed where officers located a Bryco Arms 9mm pistol. Blake was prohibited from possessing any firearm under federal law because of two prior misdemeanor domestic battery convictions in Nicholas County Magistrate Court.
Gray and Blake each face up to 10 years in federal prison when they are sentenced on November 6, 2017.
The investigation of Gray was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Charleston Police Department. Assistant United States Attorney Haley Bunn is in charge of Gray’s prosecution. The plea hearing for Gray was held before United States District Judge Thomas E. Johnston.
The Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation of Blake. Assistant United States Attorney Monica D. Coleman is in charge of Blake’s prosecution. United States District Judge Joseph R. Goodwin presided over Blake’s plea hearing.
These cases were brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Two Pennsylvania men and two West Virginia men indicted on drug distribution chargesRead the Press Release
WHEELING, WEST VIRGINIA – Two Philadelphia-area, Pennsylvania men and two Wheeling, West Virginia man were indicted by a federal grand jury on August 9, 2017 on drug distribution charges, Acting United States Attorney Betsy Steinfeld Jividen announced.
Kevin J. Washington, Jr., age 29, of Glenholden, Pennsylvania was indicted on one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone” and one count of “Distribution of Oxycodone.”
James R. Stewart a/k/a James R. Steward, Jr., age 31, of Philadelphia, Pennsylvania was indicted on one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone,” two counts of “Distribution of Cocaine,” and two counts of “Distribution of Oxycodone.”
Brent T. Leoffler, age 37, and Deion J. Jones, age 26, both of Wheeling, West Virginia, were each indicted on one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone” and one count of “Distribution of Oxycodone.”
The crimes are alleged to have taken place from 2012 to August 2017 in Ohio County, West Virginia.
Assistant U.S. Attorney Robert H. McWilliams, Jr., is prosecuting the case on behalf of the government. The Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, is investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Men Arrested and Charged with 2008 MurderRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Ashan M. Benedict, Special Agent-in-Charge of the New York Division of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the arrests of FRANKLYN STERLING and XAVIER DELISER for the 2008 murder of Francisco Unapanta. STERLING was arrested on August 10, 2017, and DELISER was arrested this morning.
On August 10, 2017, a one-count indictment was unsealed charging STERLING and DELISER with committing murder through the use of a firearm during and in relation to a crime of violence. STERLING was presented in federal court in Manhattan before U.S. Magistrate Judge Ronald L. Ellis on August 10 and ordered detained; DELISER will be presented later today in federal court. The case has been assigned to U.S. District Judge Naomi Reice Buchwald, who has scheduled an initial conference for Tuesday, August 29, 2017, at 11:00 a.m.
Acting United States Attorney Joon H. Kim said: “As alleged, Franklyn Sterling and Xavier Deliser shot and killed Francisco Unapanta during a Brooklyn robbery nearly nine years ago, a murder that remained unsolved until now. Together with our law enforcement partners, we will continue to pursue justice for victims like Mr. Unapanta, no matter how cold the case.”
ATF Special Agent-in-Charge Ashan M. Benedict said: “Francisco Unapanta and a co-worker were hard working immigrants who fell victim to a gun point robbery alleged to have been committed by Sterling and Deliser. A struggle ensued during the robbery and Unapanta was fatally shot. Thanks to the outstanding investigative work of the special agents and detectives assigned to the ATF SPARTA Task Force, for whom the passage of time does not lessen the resolve to identify the perpetrators of violent criminal activity, these defendants will now face justice for their alleged crimes.”
NYPD Commissioner James P. O’Neill said: “Our commitment to both preventing and solving crime is relentless. This homicide, nearly a decade old, is further evidence of our commitment. Thanks to the detectives, agents, and prosecutors whose focus led to the arrests and charges.”
As alleged in the Indictment against STERLING and DELISER[1]:
On September 3, 2008, in the vicinity of 358 Montgomery Street in Brooklyn, FRANKLYN STERLING and XAVIER DELISER robbed Francisco Unapanta, and during the course of that robbery, Unapanta was shot and killed.
* * *
STERLING, 34, of Brooklyn, and DELISER, 34, of Brooklyn, each face a maximum sentence of death or life in prison, and a mandatory term of five years in prison.
The statutory maximum and minimum sentences are prescribed by Congress and are provided here for information purposes only, as any sentencings of the defendants would be determined by the respective judges.
Mr. Kim praised the investigative work of the NYPD and the ATF, and in particular the Strategic Patterned Armed Robbery Technical Apprehension (“SPARTA”) Task Force, which is composed of agents and officers of the ATF and the NYPD. Mr. Kim also thanked the Joint Regional Fugitive Task Force for their work in apprehending DELISER.
This matter is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Scott Hartman, David Zhou, and Jason Swergold are in charge of the prosecution.
The charges contained in the Indictment against STERLING and DELISER are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Two Leaders of Bronx Gang “18 Park” Plead Guilty and Admit Participation in Murder and Racketeering OffensesRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that two leaders of the violent Bronx gang known as “18 Park” pled guilty yesterday before the U.S. District Judge Paul A. Engelmayer to firearms offenses in connection with murders and racketeering offenses that they engaged in on behalf of the gang. MARQUIS WRIGHT pled guilty to two counts of possessing and using firearms, including in connection with WRIGHT’s role in the September 28, 2008, murder of Brandon Howard, 18, and the May 29, 2011, murder of Johnny Moore, 16. JONATHAN RODRIGUEZ pled guilty on August 10, 2017, to two counts of possessing and using firearms, including in connection with RODRIGUEZ’s role in the murder of Brandon Howard. RODRIGUEZ and WRIGHT are scheduled to be sentenced before Judge Engelmayer on December 12 and December 14, 2017, respectively.
Manhattan Acting U.S. Attorney Joon Kim said: “For years, the 18 Park gang wreaked havoc in the Mott Haven section of the Bronx, forcing law-abiding neighborhood residents to endure regular gunfire, drug dealing, and violent assaults. 18 Park’s pattern of violence culminated in the murders of Brandon Howard and Johnny Moore, two young men whose families were devastated by their loss. We want to thank our law enforcement partners, who have relentlessly pursued justice for Brandon Howard and Johnny Moore, and who have brought 18 Park’s reign of terror to an end.”
According to the allegations in court documents, including the Information and a previously filed criminal complaint, and statements made during court proceedings:
From 2006 to 2016, the 18 Park gang operated primarily in and around the Patterson Houses, a New York City public housing development in the Mott Haven area of the Bronx. Members of 18 Park sold crack cocaine and marijuana on a near-daily basis, turning the area in and around the Patterson Houses into an open-air drug market. 18 Park members used firearms and violence to assert the gang’s control over the area. Both WRIGHT and RODRIGUEZ served as leaders of 18 Park, and were integral to the success of its drug trade.
On September 28, 2008, RODRIGUEZ confronted 18-year-old Brandon Howard in the hallway immediately outside a house party at 315 East 143rd Street, and shot him to death. WRIGHT accompanied RODRIGUEZ to the party and aided and abetted his commission of the murder.
On May 29, 2011, Marquis WRIGHT drove another 18 Park member, Wali Burgos, to the vicinity of 2625 Third Avenue so that Burgos could shoot and kill a member of a rival gang. Burgos did not shoot a rival gang member, but instead fired his gun into a crowd and killed 16-year-old Johnny Moore. After the shooting, WRIGHT drove Burgos away from the scene of the crime. Burgos previously pled guilty to racketeering conspiracy and admitted to his role in the murder of Johnny Moore. On January 13, 2017, Burgos was sentenced to 262 months in prison.
WRIGHT, 29, faces a mandatory minimum sentence of 35 years, and RODRIGUEZ, 28, faces a mandatory minimum sentence of 30 years. With the guilty pleas of WRIGHT and RODRIGUEZ, 25 members of 18 Park have now been convicted by this Office of racketeering, firearms, and narcotics offenses.
Mr. Kim thanked the ATF, the DEA, and the NYPD for their work in this three-year investigation.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Max Nicholas, Jordan Estes, and Samson Enzer are in charge of the prosecution.
Two Largo Ministers, Both Convicted Felons, Indicted for Illegal Reentry into the United StatesRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces the return of indictments charging Anner Javier Maldonado-Reyes (39, Largo) and Maria Guadalupe Maldonado (38, Largo) with illegal reentry into the United States. If convicted, each faces a maximum penalty of 20 years in federal prison.
According to the indictments, Anner Maldonado-Reyes, who has operated under several aliases over the years, including “Jose Martinez-Reyes,” “Juan Martinez,” and “Pedro Vargas-Monteramos,” has previously been removed from the United States on at least two occasions: in February 1999 and in February 2008. His February 1999 removal came after a conviction in Los Angeles County, California for possession of cocaine base for sale.
Maria Guadalupe Maldonado, who also has had several aliases over the years, including “Stephanie Sanchez,” was removed from the United States in October 1996 following a conviction in Los Angeles County, California for transportation/sale of a controlled substance.
These individuals do not have legal status in the United States and have not received permission from the Attorney General or the Secretary of Homeland Security to reapply for admission. Government records indicate that Anner and Maria Maldonado are the founders of, and employed as ministers in, the church Ministerio Internacional Jesucristo Es Mi Refugio located at 1550 Belcher Road South in Largo.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, with assistance from U.S. Citizenship and Immigration Services. It will be prosecuted by Assistant United States Attorney Frank Murray.
Turley Minister Sentenced to 57 Months of Imprisonment for Using A Computer to View Child PornographyRead the Press Release
Chief United States District Court Judge Gregory K. Frizzell sentenced Ronald Eugene Robinson, 62, of Tulsa, to 57 months of imprisonment for Accessing with Intent to View Child Pornography, announced Loretta F. Radford, Acting United States Attorney for the Northern District of Oklahoma. Chief Judge Frizzell also sentenced Robinson to 10 years of supervised release following his release from prison.
On November 10, 2015, agents with the United States Department of Homeland Security Investigations (HSI) in Phoenix, Arizona, conducted an undercover operation in an internet chatroom. While in the chatroom, HSI agents observed Robinson, a minister in Turley, Oklahoma, and other individuals watching child pornography that was being streamed. Robinson used a computer to access the chatroom. Some of the children in the videos were under the age of 12.
HSI agents observed Robinson making comments in the chatroom about raping a child and responding to a comment about killing a child after sexual abuse. HSI agents also went through Robinson’s chat logs and discovered that he had engaged in conversations with other individuals about raping, torturing, and abusing of children.
This case was investigated by HSI, the Tulsa County Sheriff’s Office, and the Tulsa Police Department. The case was prosecuted by Assistant United States Attorney Neal C. Hong.
Tulsa Man Sentenced to 10 Years in Federal Prison for the Enticement of a 13-Year-Old GirlRead the Press Release
FORT WORTH, Texas —Elias Omar Santamaria, 39, of Tulsa, Oklahoma, was sentenced yesterday by U.S. District Judge Reed C. O’Connor to serve a total of 120 months in federal prison and will be deported following his release from prison, announced U.S. Attorney John Parker of the Northern District of Texas.
Santamaria pleaded guilty in April 2017 to one count of enticement of a minor and has been in custody since his arrest in February 2017.
According to the factual resume filed in the case, on March 11, 2016, Santamaria sent a message to a Fort Worth Police Officer acting in an undercover capacity and posing as a 13-year-old girl stating “add me sweetie. I love young girls.” Santamaria continued to have conversations with the officer and on March 17, 2016 Santamaria stated, among other things, that he wanted to engage in sexual intercourse with whom he believed to be a 13-year-old girl. They agreed to meet that same day in Fort Worth, Texas, to engage in sexual intercourse. When Santamaria arrived at the agreed location the Fort Worth Police Department took him into custody. During a search of his vehicle, officers found condoms, a bottle of tequila, and a pair of Nike Air Jordan tennis shoes, which Santamaria had promised to bring.
These cases were brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Federal Bureau of Investigation and Fort worth Police Department conducted the investigation. Assistant U.S. Attorney Megan Fahey prosecuted the case.
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Three Men Plead Guilty in Connection with Online Sales of Stolen Gillette Razor BladesRead the Press Release
BOSTON – Three Boston-area residents, including a former Gillette employee, pleaded guilty in federal court in Boston in connection with the online sales of stolen Gillette razor blades.
Joseph Evangelista, 63, of Lowell, pleaded guilty to one count of causing the interstate transportation of stolen property. Robert A. Liberatore, 52, of Wakefield, and Mark S. Girardin, 44, of Randolph, each pleaded guilty to two counts of filing false tax returns. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for all three defendants for Nov. 6, 2017.
Evangelista, a former employee of Gillette, stole razor blades from the Gillette manufacturing plant in South Boston and delivered the stolen goods to Liberatore and Girardin, who operated an online business called Cambridge Dedicated Services, through which they sold various items on eBay, including Gillette razor blades. Liberatore and Girardin failed to report income generated through Cambridge Dedicated Services on their annual federal tax returns.
The charge of causing the interstate transportation of stolen property 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 gross gain or loss, whichever is greater. Evangelista has also agreed to pay Gillette $56,023 in restitution.
The charge of filing false tax returns provides for a sentence of no greater than three years in prison, one year of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. In addition, Girardin and Liberatore will each be required to pay the IRS more than $100,000 in taxes that they owe plus penalties and interest. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorneys Sandra S. Bower and Christine Wichers of Weinreb’s Criminal Division are prosecuting the case.
Texas Man Handed Significant Sentence for Trafficking MethRead the Press Release
BROWNSVILLE, Texas – A 31-year-old Houston man has been ordered to federal prison for possession with intent to distribute more than 15 kilograms of methamphetamine, announced Acting U.S. Attorney Abe Martinez. Clifton Teran pleaded guilty Oct. 11, 2016.
Today, U.S. District Judge Andrew S. Hanen ordered Teran to serve 300 months in federal prison. He also received a 12-month-term for committing the offense while on supervised release in a previous federal case which will be served conurrently. The 25-year-term of imprisonment will be followed by another five years of supervised release. Teran’s sentence included upward adjustment or increases in his calculated sentencing guideline range because he was found to be a leader within the conspiracy and also because the methamphetamine was imported from Mexico into the United States.
Teran, Javier Jose Garza and Ilsse Lizeth Pena were part of a drug trafficking organization that imported methamphetamine and cocaine from Mexico through the Brownsville ports of entry. The narcotics were concealed within vehicle batteries or in sealed candy bags. Based out of Matamoros, Mexico, the drug trafficking organization would then have the narcotics transported to Houston for distribution to others.
On Dec. 14, 2015, Garza drove a vehicle to the Gateway International Bridge in Brownsville. Upon inspection, authorities discovered 15.66 kilograms of methamphetamine concealed within the vehicle. Teran and Pena made entry into the United States in a separate vehicle approximately three minutes after Garza attempted entry with the narcotics. They were apprehended as they attempted to return to Houston the following day at the Sarita Border Patrol checkpoint.
Pena, 25, of Houston, and Garza, 36, of Dayton, also pleaded guilty and were sentenced to 66 and 120 months, respectively.
All three have been and will remain in custody.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Angel Castro is prosecuting the case.
Stephenville Man Sentenced to 40 Years in Federal Prison for Enticing a Minor Female to Engage in Sexual ActivityRead the Press Release
FORT WORTH, Texas — A Stephenville, Texas, resident, Kristopher Ray Facio, 26, was sentenced this morning by U.S. District Judge Reed C. O’Connor to 480 months in federal prison, following his guilty plea in April 2017 to an information charging one count of attempted coercion and enticement, announced U.S. Attorney John Parker of the Northern District of Texas.
Facio has been in federal custody since his arrest in February 2017.
“Those who think it’s okay to fish the internet for children to victimize with their despicable sexual behavior should be given a very long time to re-think that practice,” said U.S. Attorney Parker. “These heinous crimes are deserving of significant sentences.”
According to documents filed in the case, from November 27, 2016 until December 4, 2016, Facio used the social media application, Instagram, on his cell phone to identify and communicate with a minor female who lived in Arkansas. During their chats, the minor told Facio she was under the age of eighteen. Facio continued to engage in sexually explicit communications. During their communications, Facio asked for sexually explicit images of the minor.
The case was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Federal Bureau of Investigation and Erath County Sheriff’s Office investigated the case. Assistant U.S. Attorney A. Saleem was in charge of the prosecution.
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Statement from Acting U.S. Attorney William Weinreb Regarding Verdict in U.S. v. Fidler et al.Read the Press Release
We are disappointed in today’s verdict. The government believed, and continues to believe, that the conduct in this case crossed the line and constituted a violation of federal law. The defendants’ conduct was an affront to all of the hard-working and law-abiding members of organized labor. We will continue to aggressively prosecute extortion in all its forms to ensure that Boston remains a safe and welcoming place to do business. I would like to thank the Federal Bureau of Investigation and the Department of Labor’s Office of Inspector General for their work investigating this case.
St. Louis Woman Pleads Guilty to Tax EvasionRead the Press Release
Gwendolyn Hampton, 38, of St. Louis pleaded guilty to tax evasion. She appeared in federal court in St. Louis this morning before Judge Ronnie L. White who accepted her plea and set her sentencing for November 15th.
According to her plea agreement, Hampton ran her daycare business, Hampton Academy, which had nearly $2.4 million dollars in revenue between 2009 and 2013 with a single bank account. Pulling more than $1.3 million dollars from the account in cash and cashier’s checks during that time, Hampton admitted to evading between $100,000 and $250,000 in federal income taxes.
At sentencing, Hampton faces up to five years’ imprisonment and a fine of up to $100,000. Additionally, restitution, interest and penalties will be ordered in favor of the United States.
The case was investigated by the St. Louis office of the IRS Criminal Investigation Service.
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St. Louis Woman Indicted on Fraud ChargesRead the Press Release
St. Louis, MO – Carol J. Dotson was arrested yesterday on an Indictment charging her with wire fraud as part of an embezzlement scheme from her former employer.
According to the Indictment, from July 2003 to February 2017, Doston embezzled more than $2 million dollars from a commercial real estate property management company in Olivette, Missouri where she was the office administrator. Dotson wrote multiple checks to herself, withdrew large sums of cash to spend on elder care for her mother, mortgage payments, home renovations, home cleaning services, law services and shopping at local stores.
Dotson, 70, of St. Louis, Missouri, was indicted by a federal grand jury on August 9th on one felony count of wire fraud. If convicted, Dotson faces up to 20 years imprisonment, a fine of $250,000 or both. Restitution to the victim is also mandatory. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Federal Bureau of Investigation with assistance from the Olivette Police Department. Assistant United States Attorney Dianna Collins is handling the case for the U.S. Attorney's Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Springfield Man Pleads Guilty to Illegal Possession of a FirearmRead the Press Release
BOSTON – A Springfield man pleaded guilty yesterday in federal court in Springfield to federal firearm offenses.
Martin Fernandez, 24, pleaded guilty to one count of possession of a firearm by a convicted felon and one count of possession of an unregistered firearm. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 14, 2017.
On Jan. 8, 2014, federal, state, and local law enforcement authorities in Springfield found Fernandez in possession of a sawed-off 16-gauge shotgun.
The charge of being a felon in possession of a firearm provides for a sentence of no greater than 10 years in prison, a minimum of one year but no greater than three years of supervised release, and a fine of up to $150,000. The charge of possession of an unregistered firearm provides for a sentence of no greater than 10 years in prison, a minimum of one year but no greater than three years of supervised release, and a fine of up to $10,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Hampden County District Attorney Anthony Gulluni; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James Neiswanger made the announcement today. Assistant U.S. Attorney Neil L. Desroches of Weinreb’s Springfield Branch Office is prosecuting the case.
Saugerties Man Sentenced for Aggravated Identity Theft and Passport FraudRead the Press Release
ALBANY, NEW YORK – John Staccio, 68, of Saugerties, New York, was sentenced today to serve 25 months in prison to be followed by a one-year term of supervised release, a $500 fine and a $200 special assessment in connection with his convictions for aggravated identity theft and passport fraud, announced Acting United States Attorney Grant. C. Jaquith and Wendy Bashnan, Special Agent-In-Charge, New York Field Office of the U.S. Department of State’s Diplomatic Security Service.
As part of his October 12, 2016 guilty plea, Staccio admitted that in 1990 and in 2011, he applied for and received a United States passport using the name, date of birth, and social security number of another person, without his knowledge or consent. Staccio used the passport and resided abroad for approximately 25 years until being apprehended in 2016.
This case was investigated by the U.S. Department of State’s Diplomatic Security Service and was prosecuted by Assistant United States Attorney Solomon Shinerock and Special Assistant United States Attorney Jason White.
Rockford Man Arrested on Child Pornography ChargesRead the Press Release
ROCKFORD — A Rockford man was arrested today on charges of child pornography.
GREGORY GREENE, 57, was indicted by a federal grand jury in Rockford on Aug. 8, 2017, on two counts of transporting child pornography via the internet in 2016, and one count of possessing a computer and thumb drive in 2016 containing child pornography, including an image of a minor under 12 years of age.
Each count of transporting child pornography carries a mandatory minimum sentence of five years in prison and a maximum of 20 years in prison. Possessing child pornography carries a maximum of ten years in prison and up to 20 years in prison for an offense involving a minor under 12 years of age. Each count carries a $250,000 maximum fine. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The arrest was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and James M. Gibbons, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Chicago. The U.S. Postal Inspection Service in Chicago assisted in the investigation.
The government is represented by Assistant U.S. Attorney Margaret J. Schneider.
North Carolina Resident Pleads Guilty to Tax and Bankruptcy FraudRead the Press Release
A Greensboro, North Carolina, resident pleaded guilty to corruptly endeavoring to obstruct and impede the Internal Revenue Service (IRS), filing a fraudulent tax return and bankruptcy fraud, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina.
According to documents and information provided to the court, during 2008 and 2009, Hassie Demond Nowlin, aka Demond Nowlin and Brilliant Knowlin, 44, filed several fraudulent tax returns with the IRS that included fake income and withholding taxes and sought more than $750,000 in fraudulent refunds. Nowlin also filed documents with the Guilford County Register of Deeds purporting to renounce his United States citizenship and proclaiming to be a sovereign citizen. Between 2008 and 2010, the IRS assessed taxes, penalties and interest against Nowlin related to the fraudulent returns. After being notified of the assessments, Nowlin began concealing his assets and placing them in the names of nominee entities.
Nowlin also admitted that between 2011 and 2017, he earned hundreds of thousands of dollars operating a tax preparation business. Nowlin filed hundreds of tax returns for clients that claimed phony business and education expenses, sought refunds to which the clients were not entitled and did not identify him as the paid preparer. Nowlin caused the fees to be deposited into nominee bank accounts that he controlled. Nowlin also admitted that he made false statements to IRS agents, including that he did not prepare tax returns for clients.
In addition to the tax-related charges, Nowlin also admitted to attempting to cheat his creditors by filing fraudulent personal bankruptcy petitions. Along with these petitions, Nowlin also submitted false financial statements on which he did not fully disclose his income and assets.
Nowlin is scheduled to be sentenced on Nov. 16, 2017 before U.S. District Court Judge Catherine C. Eagles. He faces a statutory maximum sentence of three years in prison for impeding the IRS and filing a fraudulent return and five years in prison for bankruptcy fraud. In addition, Nowlin faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Stuart M. Goldberg and Acting U.S. Attorney Hairston commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Robert J. Boudreau of the Tax Division and Assistant U.S. Attorney Anand P. Ramaswamy of the Middle District of North Carolina, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
North Carolina Resident Pleads Guilty to Tax and Bankruptcy FraudRead the Press Release
WASHINGTON – A Greensboro, North Carolina, resident pleaded guilty to corruptly endeavoring to obstruct and impede the Internal Revenue Service (IRS), filing a fraudulent tax return and bankruptcy fraud, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina.
According to documents and information provided to the court, during 2008 and 2009, Hassie Demond Nowlin, aka Demond Nowlin and Brilliant Knowlin, 44, filed several fraudulent tax returns with the IRS that included fake income and withholding taxes and sought more than $750,000 in fraudulent refunds. Nowlin also filed documents with the Guilford County Register of Deeds purporting to renounce his United States citizenship and proclaiming to be a sovereign citizen. Between 2008 and 2010, the IRS assessed taxes, penalties and interest against Nowlin related to the fraudulent returns. After being notified of the assessments, Nowlin began concealing his assets and placing them in the names of nominee entities.
Nowlin also admitted that between 2011 and 2017, he earned hundreds of thousands of dollars operating a tax preparation business. Nowlin filed hundreds of tax returns for clients that claimed phony business and education expenses, sought refunds to which the clients were not entitled and did not identify him as the paid preparer. Nowlin caused the fees to be deposited into nominee bank accounts that he controlled. Nowlin also admitted that he made false statements to IRS agents, including that he did not prepare tax returns for clients.
In addition to the tax-related charges, Nowlin also admitted to attempting to cheat his creditors by filing fraudulent personal bankruptcy petitions. Along with these petitions, Nowlin also submitted false financial statements on which he did not fully disclose his income and assets.
Nowlin is scheduled to be sentenced on Nov. 16, 2017 before U.S. District Court Judge Catherine C. Eagles. He faces a statutory maximum sentence of three years in prison for impeding the IRS and filing a fraudulent return and five years in prison for bankruptcy fraud. In addition, Nowlin faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Stuart M. Goldberg and Acting U.S. Attorney Hairston commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Robert J. Boudreau of the Tax Division and Assistant U.S. Attorney Anand P. Ramaswamy of the Middle District of North Carolina, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
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Non-Indian Man from Santa Fe Sentenced for Trespassing and Damaging Property on Pojoaque Pueblo LandRead the Press Release
ALBUQUERQUE – Derek I. Hunt, 28, of Santa Fe, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to a one-year term of probation for his conviction on misdemeanor charges of criminal trespass and criminal damage to property.
Hunt was charged in a criminal complaint on Feb. 8, 2017, with misdemeanor criminal trespass and criminal damage to property. The complaint alleged that in Aug. 2016, the Pojoaque Pueblo Governor banished Hunt, a non-Indian, from entering Pojoaque Pueblo lands. According to the complaint, Hunt reentered Pojoaque Pueblo on two occasions between Aug. 2016 and Jan. 2017, in violation of the Pueblo’s banishment resolution, and damaged a vehicle belonging to a Pojoaque Pueblo woman on Jan. 12, 2017.
On May 3, 2017, Hunt pled guilty to a misdemeanor information charging him with criminal trespass and criminal damage to property. In entering the guilty plea, Hunt admitted that although the Pueblo of Pojoaque had served him with an Order of Exclusion in Aug. 2016, he reentered the Pueblo on Jan. 5, 2017 and several times prior to Jan. 5, 2017. Hunt further admitted that on Jan. 5, 2017, he used a rock to damage the windshield of a vehicle on the Pojoaque Pueblo.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Pojoaque Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Elisa Dimas.
Ninth Circuit Affirms All Convictions in DBSI CaseRead the Press Release
BOISE - By Memorandum Disposition today, a three-judge panel of the Ninth Circuit Court of Appeals unanimously affirmed all of the criminal convictions of Douglas L. Swenson, Mark A. Ellison, David D. Swenson, and Jeremy S. Swenson, former executives of Diversified Business Services and Investments, Inc. (“DBSI”) of Meridian, Idaho. The Ninth Circuit explained that it was affirming all four men’s “convictions and sentences in virtually all respects,” but was vacating and remanding the $32,158,501 order of restitution for a $3,408,413 reduction as to defendants Mark A. Ellison, David D. Swenson, and Jeremy S. Swenson.
After a forty-five-day trial before Chief Judge B. Lynn Winmill in 2014, a jury convicted all four defendants of all forty-four counts of securities fraud, and defendant Douglas L. Swenson of an additional thirty-four counts of wire fraud. The jury found that the defendants had operated DBSI as a fraud on its securities investors, and that its CEO and founder, defendant Douglas L. Swenson, had affirmatively lied to or misled investors.
In the summer of 2014, the district court sentenced defendant Douglas L. Swenson to 240 months in prison and to pay $180,632,025 in restitution; defendant Mark A. Ellison to 60 months in prison and to pay $32,158,501; defendant David D. Swenson to 36 months in prison and to pay $32,158,501; and defendant Jeremy S. Swenson to 36 months in prison and to pay $32,158,501. Each of the defendants appealed their convictions to the Ninth Circuit Court of Appeals. Douglas Swenson, David Swenson, and Jeremy Swenson also appealed their sentences. The Ninth Circuit permitted the defendants to remain released from prison pending the resolution of their appeals.
In affirming all of the convictions against all of the defendants, the Ninth Circuit stated that “there was a plethora of evidence from which a rational juror could have found that each Appellant was guilty of the crimes for which he was convicted.” In affirming defendant Douglas L. Swenson’s 240-month sentence, the Ninth Circuit stated that the sentence was “substantively reasonable,” citing the district court’s thorough consideration of the “seriousness of the offenses, Douglas’s personal characteristics, his role in the offenses, and the staggering losses to the victims.”
After the government conceded calculation error on the restitution amount, the Ninth Circuit vacated the district court’s $32,158,501 order of restitution as to defendants Mark A. Ellison, David D. Swenson, and Jeremy S. Swenson. The Ninth Circuit remanded the matter to the district court with instructions that the restitution amount be reduced by $3,408,413.
The defendants may seek panel rehearing or rehearing en banc of the three-judge panel’s decision before the Ninth Circuit Court of Appeals, and may petition for a writ of certiorari before the United States Supreme Court.
Morristown Resident Sentenced to 188 Months on Methamphetamine Conspiracy ChargeRead the Press Release
GREENEVILLE, Tenn. – On August 15, 2017, Andrew Harville, 29, of Morristown, Tennessee, was sentenced by the Honorable R. Leon Jordan, Senior U.S. District Court Judge, to serve 188 months in federal prison for his role in a conspiracy to distribute methamphetamine in east Tennessee.
According to Harville’s plea agreement on file with the U.S. District Court, he admitted to being responsible for the distribution of at least 500 grams but less than 1.5 kilograms of actual methamphetamine.
Law enforcement agencies participating in the investigation included the Federal Bureau of Investigation, Hamblen County Sheriff’s Office, Morristown Police Department and Third and Fourth District Judicial Drug Task Forces. Assistant U.S. Attorney Wayne Taylor represented the United States.
This case was a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
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Miami Resident Sentenced to Prison for Defrauding Victims in IRS Impersonator ScamRead the Press Release
A Miami resident was sentenced to 40 months in prison, to be followed by three years of supervised release for his role in defrauding victims in an Internal Revenue Service (IRS) impersonator scam.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Timothy Camus, Deputy Inspector General for Investigations, Treasury Inspector General for Tax Administration (TIGTA), Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Anandkumar Jayantila Nayee, previously pled guilty to one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
According to court documents, from January 2014 through early 2017, defendant Nayee conspired with others to defraud victims. Nayee’s co-conspirators contacted victims by telephone and made fraudulent representations to them, including that the victims owed income tax payments to the IRS, or owed fees for grants or loans that they had purportedly received. Nayee’s co-conspirators instructed the victims to deposit payments related to the taxes or fees that they purportedly owed onto debit cards and into bank accounts controlled by Nayee and his co-conspirators. Nayee and his co-conspirators then received and retained the victims’ payments.
From January 2014 through February 28, 2014, a co-conspirator purchased Green Dot prepaid debit cards and provided the full debit card numbers to Nayee, who resided in India at the time. Nayee then caused the prepaid debit cards to be registered in the names of real people, and notified his co-conspirator once the cards had been funded by victims of the telephone fraud scheme. The co-conspirator then used the prepaid debit cards to purchase money orders, and deposited the money orders into bank accounts specified by Nayee.
Nayee moved to the Southern District of Florida from India in 2015. He and his co-conspirators picked up funds that that had been sent via money transfer by victims of the telephone fraud scheme, and deposited those funds into accounts controlled by Nayee and his co-conspirators. Nayee was held responsible for at least $150,000 in victim losses during the telephone fraud scheme.
Mr. Greenberg commended the investigative efforts of TIGTA, ICE-HSI, and IRS-CI. This case was prosecuted by Assistant U.S. Attorney Daya Nathan.
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.
Mexican national pleads guilty to illegally reentering the United StatesRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Mexican citizen pleaded guilty Monday to reentering the United States illegally after being arrested for trying to obtain a Louisiana Identification Card in Morgan City.
Ruben Angle Verdugo-Barajas, 35, of Mexico, pleaded guilty before U.S. Magistrate Judge Carol Whitehurst to one count of illegal reentry of a removed alien. The plea will become final when accepted by U.S. District Judge Elizabeth E. Foote. According to the guilty plea, the defendant was arrested on April 24, 2017 after attempting to obtain a Louisiana Identification Card at the Morgan City Department of Motor Vehicles. Verdugo-Barajas presented the driver’s license, Social Security card and birth certificate of a Puerto Rican resident and claimed they were his. After questioning, he admitted his true identity. He was previously deported at Nogales, Ariz., on December 10, 2000.
Verdugo-Barajas faces two years in prison, one year of supervised release and a $250,000 fine. The court set a December 8, 2017 sentencing date.
Homeland Security Investigations and the Louisiana State Police conducted the investigation. Assistant U.S. Attorney David J. Ayo is prosecuting the case.
Mexican National Sentenced to Prison for Role in Doña Ana County Cocaine Trafficking RingRead the Press Release
ALBUQUERQUE – Rene Cruz-Vargas, 41, a Mexican national, was sentenced today in federal court in Las Cruces, N.M., to 27 months in prison for participating in a conspiracy to distribute cocaine in Doña Ana County, N.M. Cruz-Vargas will be deported after completing his prison sentence.
Cruz-Vargas was arrested in Sept. 2016, on an indictment alleging cocaine trafficking charges. The 18-count indictment was the result of a six-month investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, targeting a drug trafficking organization allegedly led by Joel Ibarra-Torres, 47, a Mexican national, that distributed cocaine in Doña Ana County.
The indictment charged Ibarra-Torres and seven co-conspirators, including several members of Ibarra-Torres’ family, with participating in a cocaine trafficking conspiracy that existed from at least March 2016 until Sept. 2016. The indictment also charged that Ibarra-Torres and two of his co-defendants participated in an international money laundering conspiracy. It also charged certain of the defendants with substantive cocaine trafficking offenses and with using telephones to facilitate their drug trafficking activities. The indictment included forfeiture provisions that seek the forfeiture of at least $31,620, constituting proceeds of the defendants’ criminal activities, to the United States.
On June 22, 2017, Cruz-Vargas pled guilty to Count 1 of the indictment charging him with participating in a cocaine trafficking conspiracy. In entering the guilty plea, Cruz-Vargas admitted that on July 14, 2016, he traveled from in El Paso, Texas, to deliver five ¼ kilogram packages of cocaine to co-defendant Juan Velazquez, 26, in Las Cruces. Cruz-Vargas also admitted delivering six ¼ kilogram packages of cocaine to Velazquez on Aug. 25, 2016.
Seven of Cruz-Vargas’ codefendants have entered guilty pleas and three have been sentenced. Velasquez pled guilty on Dec. 22, 2016, Noemi Ibarra, 24, of Las Cruces, pled guilty on April 24, 2017, and Alejandro Chavez, 28, also of Las Cruces pled guilty on July 24, 2017, all three are pending sentencing hearings. Joel Ibarra, Jr., 22, of Sunland Park, N.M., pled guilty on Dec. 20, 2016, and was sentenced on April 26, 2017. Denise Duarte, 25, also of Sunland Park, pled guilty on Dec. 23, 2016, and was sentenced on May 1, 2017. Gabriela Castro, 25, a Mexican national pled guilty on Dec. 19, 2016, and was sentenced on April 24, 2017.
Ibarra-Torres has yet to be arrested and is considered a fugitive. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The investigation leading to the indictment was conducted by the Las Cruces office of the DEA, the U.S. Border Patrol and the FBI. The case is being prosecuted by Assistant U.S. Attorneys Terri J. Abernathy and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch office.
Mexican Man Arrested in Saratoga Springs, NY Sentenced for Illegal Re-entry into the United StatesRead the Press Release
ALBANY, NEW YORK – Pedro Bautista Hernandez, 28, of Mexico, was sentenced today to time served (33 days in jail), for illegally re-entering the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), acting Field Office Director Thomas P. Brophy, Buffalo, New York Field Office.
As part of his guilty plea, Bautista Hernandez admitted that he was an alien, a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on April 11, 2016. Bautista Hernandez also admitted that he had previously been removed to Mexico on December 8, 2015 and December 15, 2015.
On July 13, 2017, Bautista Hernandez was encountered and arrested by ICE officers in Saratoga Springs, New York.
Following the sentencing, Bautista Hernandez was remanded to the custody of the Department of Homeland Security, which will place him into removal proceedings.
These cases were investigated by United States Immigration and Customs Enforcement, Albany, NY, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Meridian Man Sentenced to Federal Prison for Dealing Firearms at Treasure Valley Gun ShowsRead the Press Release
BOISE — Steven W. Clyne, 70, of Meridian, Idaho, was sentenced yesterday to 27 months in federal prison for dealing firearms without a license and making false statements when purchasing firearms, Acting United States Attorney Rafael Gonzalez announced. Clyne was convicted by a federal jury at trial in March of this year.
Federal law establishes a system designed to prevent guns from falling into the hands of felons and others who cannot legally possess firearms. When a person is engaged in the business of dealing firearms, meaning essentially that the person’s principal objective of selling firearms is for livelihood and profit, then they must obtain a federal firearms license. They also may not sell firearms without first requiring the purchaser to show photo identification, certify that he is the actual buyer, complete a form certifying that he is not prohibited from possessing firearms, and then complete a background check to ensure he is not prohibited.
Clyne violated federal law by engaging in the business of dealing firearms without a license to do so, and without following requirements such as conducting background checks. Ultimately, some firearms that Clyne sold ended up at crime scenes and in the hands of dangerous criminals in Idaho, California, and other locations.
According to evidence presented at trial, Clyne purchased hundreds of firearms from licensed firearm dealers and then resold those same firearms to others for an increased price at area gun shows from January 2013 until November 12, 2015. Each time Clyne purchased the firearms from local gun stores, he completed paperwork certifying that he was the actual buyer of the firearms. Each form also specifically notified Clyne that “the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of Federal law.” The federal jury that found Clyne guilty concluded that he willfully committed the crime knowing that his conduct was unlawful.
After learning that guns purchased by Clyne were found at numerous crimes scenes, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began to investigate Clyne. During the investigation, undercover agents purchased numerous firearms from Clyne at Treasure Valley gun shows. On one occasion, an agent telephoned Clyne and asked to purchase two handguns. Clyne agreed to sell the handguns and told the agent he would purchase the handguns later that same day. When Clyne purchased the handguns from the licensed firearm dealer, he falsely stated that he was the actual buyer of the handguns knowing that he was actually acquiring the handguns on behalf of another person.
On November 12, 2015, ATF agents searched Clyne’s residence pursuant to a federal search warrant. Agents found approximately 30 firearms and other items showing Clyne was selling firearms for livelihood and profit. Clyne admitted to agents that he purchased firearms, increased the prices, and then resold the firearms.
At sentencing, the government presented evidence that at least 10 firearms sold by Clyne were later recovered at crimes scenes or in the hands of dangerous criminals. Police in Modesto, California, found one of the guns at the scene of a murder. The man in possession of the gun was murdered during a botched drug deal. Another gun initially purchased and then resold by Clyne was found in Los Angeles, California, in the possession of a registered sex offender. Police recovered the gun along with child pornography and components used to make a destructive device. Police recovered at least three other firearms linked to Clyne in California and another was found in Phoenix, Arizona. Other firearms purchased by Clyne were recovered in Idaho including two found in Nampa and another near Twin Falls. Those firearms were recovered from convicted felons who were also trafficking methamphetamine.
During sentencing, Chief U.S. District Judge B. Lynn Winmill found that the number of firearms involved in the offense was in excess of 200 and was probably closer to 400. Judge Winmill also concluded that Clyne had not accepted responsibility. In fashioning his sentence, Judge Winmill took into account Clyne’s age of 70 years old and his accompanying health conditions. Clyne will self-surrender to the Bureau of Prisons when notified to do so.
“In his pursuit of money, Steven Clyne willfully disregarded federal law knowing that certain people would pay a premium for not having to complete paperwork and a background check,” said Gonzalez. “This case is an unfortunate example of what happens when someone violates those federal firearms laws.”
“The illicit trafficking in Firearms remains ATF's highest national priority. Mr. Clyne's willingness to operate outside the law, directly put his fellow Americans at risk,” said Seattle Field Division Special Agent in Charge Darek Pleasants.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Members of Columbus, Ohio Clique of MS-13 Arrested and ChargedRead the Press Release
Thirteen individuals alleged to be members and associates of MS-13 were arrested in Central Ohio and Indiana this morning. Attorney General Jeff Sessions, U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio, Special Agent in Charge Angela L. Byers of the FBI, Detroit Field Office Director Rebecca Adducci of U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations, Sheriff Dallas Baldwin of Franklin County and Chief Kim Jacobs of Columbus Police announced the indictment that was unsealed following the arrests today.
Federal charges were filed against a total of 15 alleged MS-13 members. Ten were charged by a federal grand jury with conspiracy to commit extortion, conspiracy to commit money laundering and use of a firearm during a crime of violence in an indictment returned on July 27. Five others were charged in criminal complaints with reentering the U.S. after deportation. Two of the 15 remain fugitives.
“With more than 10,000 members across 40 states, MS-13 is one of the most dangerous criminal organizations in the United States today," said Attorney General Sessions. "MS-13 members have killed children and pregnant women, extorted immigrant-owned businesses, and trafficked underage girls to sell them for sex. President Trump has ordered the Department of Justice to reduce crime and take down transnational criminal organizations, and we will be relentless in our pursuit of these objectives. Today's charges are our next step toward making this country safer by taking MS-13 off of our streets for good.”
MS-13, formally La Mara Salvatrucha, is a multi-national criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, Guatemala and Honduras. The organization’s leadership is based in El Salvador, where many of the gang’s high-ranking members are imprisoned.
In 2012, the U.S. government designated MS-13 as a “transnational criminal organization.” It is the first and only street gang to receive that designation. MS-13 has become one of the largest and most violent criminal organizations in the U.S., with more than 10,000 members and associates operating in at least 40 states, including Ohio. In Ohio and elsewhere in the U.S., MS-13 is organized into “cliques,” which are smaller groups of MS-13 members and associates acting under the larger mantle of the organization and operating in a specific region, city or part of a city.
The indictment alleges that 10 defendants – members and associates of the Columbus clique of MS-13 – conspired to commit extortion through the use of threatened or actual force, violence or fear to intimidate their victims into paying money to the defendants and their co-conspirators. Many of the proceeds were sent, usually by wire transfer and often through intermediaries, to MS-13 members and associates in El Salvador and elsewhere. The money was then used to promote and facilitate the criminal activities of MS-13 in El Salvador and the U.S.
As part of the alleged conspiracy, the defendants and their co-conspirators unlawfully obtained extortion proceeds to be used to, among other things, buy items that MS-13 uses to engage in criminal activity, such as cellular phones, narcotics and weapons; provide financial support and information to MS-13 members, including those incarcerated in El Salvador and the U.S., as well as those who have been deported; and aid families of deceased MS-13 members.
The 10 defendants charged in the indictment are:
Name
Also Known As
Age
City
Jose Martin Neftali Aguilar-Rivera
Momia, Pelon
32
Columbus, Ohio/ Indianapolis, Ind.
Pedro Alfonso Osorio-Flores
Smokey
38
Columbus, Ohio
Juan Jose Jiminez-Montufar
Chele Trece
33
Columbus, Ohio
Isaias Alvarado
Cabo
44
Columbus, Ohio
Cruz Alberto-Arbarngas
Cruzito
30
Columbus, Ohio
*Jose Manuel Romero-Parada
Russo
22
Fugitive – Indianapolis, Ind.
Jose Salinas-Enriquez
Martillo
32
Dayton, Ohio
Jorge Cazares
Veneno
37
Columbus, Ohio
Jose Ramiro Aparicio-Olivares
Flaco
42
Columbus, Ohio
*Nelson Alexander Flores
Mula
46
Fugitive – whereabouts unknown
Conspiracy to commit extortion and conspiracy to commit money laundering are each crimes punishable by up to 20 years in prison. Brandishing a firearm in relation to a crime of violence carries a sentence of at least seven years in prison, consecutive to any other sentence imposed in the case.
The five defendants charged with immigration offenses in criminal complaints are:
Name
Also Known As
Age
City
Antonio Galdamez-Figueroa
Pinochio
29
Columbus, Ohio
Juan Pablo Flores-Castro
Duende
29
Columbus, Ohio
Jorge Alberto Landaverde
Grenas
33
Columbus, Ohio
Juan Jose Alvarenga-Alberto
Sailen
27
Columbus, Ohio
Marvin Otero-Serrano
Vaca
31
Columbus, Ohio
Illegally re-entering the U.S. after having been previously deported is a crime punishable by up to two years in prison.
Attorney General Sessions and U.S. Attorney Glassman commended the investigation of this case by the FBI, ICE, Columbus, Police and Franklin County Sheriff’s Office, and the assistance of the Ohio Bureau of Criminal Investigation and Homeland Security Investigations, as well as Assistant U.S. Attorneys Brian J. Martinez and Jessica H. Kim, who are prosecuting the case.
An indictment or criminal complaint merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
If you are a victim of the alleged crimes, or have additional information about MS-13, please call the FBI hotline at 614-849-1765. Callers can remain anonymous.
Members of Columbus Clique of MS-13 Arrested and ChargedRead the Press Release
COLUMBUS, Ohio – Thirteen individuals alleged to be members and associates of MS-13 were arrested in Central Ohio and Indiana this morning.
A federal grand jury charged 10 individuals with conspiracy to commit extortion, conspiracy to commit money laundering, and use of a firearm during a crime of violence in an indictment returned here on July 27. Five other individuals were arrested and charged in criminal complaints with federal immigration-related crimes. Two of the 15 remain fugitives.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Rebecca Adducci, Detroit Field Office Director, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations, Franklin County Sheriff Dallas Baldwin and Columbus Police Chief Kim Jacobs announced the indictment that was unsealed following the arrests today.
MS-13, formally La Mara Salvatrucha, is a multi-national criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, Guatemala and Honduras. The organization’s leadership is based in El Salvador, where many of the gang’s high-ranking members are imprisoned.
In 2012, the United States government designated MS-13 as a “transnational criminal organization.” It is the first and only street gang to receive that designation. MS-13 has become one of the largest and most violent criminal organizations in the United States, with more than 10,000 members and associates operating in at least 40 states, including Ohio. In Ohio and elsewhere in the United States, MS-13 is organized into “cliques,” which are smaller groups of MS-13 members and associates acting under the larger mantle of the organization and operating in a specific region, city or part of a city.
- indictment alleges that 10 defendants – members and associates of the Columbus clique of MS-13 – conspired to commit extortion through the use of threatened or actual force, violence or fear to intimidate their victims into paying money to the defendants and their co-conspirators. Many of the proceeds were sent, usually by wire transfer and often through intermediaries, to MS-13 members and associates in El Salvador and elsewhere. The money was then used to promote and facilitate the criminal activities of MS-13 in El Salvador and the United States.
As part of the alleged conspiracy, the defendants and their co-conspirators unlawfully obtained extortion proceeds to be used to, among other things, buy items that MS-13 uses to engage in criminal activity, such as cellular phones, narcotics and weapons; provide financial support and information to MS-13 members, including those incarcerated in El Salvador and the United States, as well as those who have been deported; and aid families of deceased MS-13 members.
The 10 defendants charged in the indictment are:
Name
Also Known As
Age
City
Jose Martin Neftali Aguilar-Rivera
Momia, Pelon
32
Columbus, Ohio/ Indianapolis, Ind.
Pedro Alfonso Osorio-Flores
Smokey
38
Columbus, Ohio
Juan Jose Jiminez-Montufar
Chele Trece
33
Columbus, Ohio
Isaias Alvarado
Cabo
44
Columbus, Ohio
Cruz Alberto-Arbarngas
Cruzito
30
Columbus, Ohio
*Jose Manuel Romero-Parada
Russo
22
Fugitive – Indianapolis, Ind.
Jose Salinas-Enriquez
Martillo
32
Dayton, Ohio
Jorge Cazares
Veneno
37
Columbus, Ohio
Jose Ramiro Aparicio-Olivares
Flaco
42
Columbus, Ohio
*Nelson Alexander Flores
Mula
46
Fugitive – whereabouts unknown
Conspiracy to commit extortion and conspiracy to commit money laundering are each crimes punishable by up to 20 years in prison. Brandishing a firearm in relation to a crime of violence carries a sentence of at least seven years in prison, consecutive to any other sentence imposed in the case.
The five defendants charged with immigration offenses in criminal complaints are:
Name
Also Known As
Age
City
Antonio Galdamez-Figueroa
Pinochio
29
Columbus, Ohio
Juan Pablo Flores-Castro
Duende
29
Columbus, Ohio
Jorge Alberto Landaverde
Grenas
33
Columbus, Ohio
Juan Jose Alvarenga-Alberto
Sailen
27
Columbus, Ohio
Marvin Otero-Serrano
Vaca
31
Columbus, Ohio
Illegally re-entering the United States after having been previously deported is a crime punishable by up to two years in prison.
U.S. Attorney Glassman commended the investigation of this case by the FBI, ICE, Columbus, Police and Franklin County Sheriff’s Office, and the assistance of the Ohio Bureau of Criminal Investigation (BCI) and Homeland Security Investigations (HSI), as well as Assistant United States Attorneys Brian J. Martinez and Jessica H. Kim, who are prosecuting the case.
If you are a victim of the alleged crimes, or have additional information about MS-13, please call the FBI hotline at 614-849-1765. Callers can remain anonymous.
An indictment or criminal complaint merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
# # #
McAllen Man Ordered to Prison for Receiving Child Pornography VideosRead the Press Release
McALLEN, Texas – A 26-year old resident of McAllen has been sentenced to federal prison following his conviction of one count of receipt of child pornography, announced Acting U.S. Attorney Abe Martinez. Daniel Ramirez-Tobias pleaded guilty Dec. 2, 2016.
Today, U.S. District Judge Randy Crane, who accepted the guilty plea, handed Ramirez-Tobias a 72-month sentence. Following completion of his sentence, he will be on supervised release for the rest of his life, during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. He will also be ordered to register as a sex offender.
Ramirez-Tobias came to the attention of law enforcement following an investigation which began on Aug. 1, 2016, into persons using the Internet to traffic in child pornography. Authorities were able to locate and identify a computer as offering to participate in the receipt of child pornography videos through the peer-to-peer network on the Internet. Through the investigation, it was determined that the computer was located at a residence in McAllen.
On Oct. 6, 2016, authorities executed a federal search warrant at that residence, during which time they seized a desktop computer. A forensic examination on the computer revealed video files of child pornography involving children who were clearly young engaged in sexually explicit conduct. These videos include children under the age of 12 involved in sadistic conduct such as bondage, bestiality and other depictions of violence. Some of the videos are of known victims as identified through the National Center for Missing and Exploited Children.
Ramirez-Tobias admitted he downloaded and viewed child pornography from the Internet, thereby receiving the child pornography found on his computer. He further admitted to downloading and subsequently deleting approximately 100 videos of child pornography.
Previously released on bond, Ramirez-Tobias was permitted to remain on bond and voluntarily surrender to the U.S. Marshals Service on Aug. 25, 2017.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation.
This case, prosecuted by Assistant U.S. Attorney Alex Benavides, 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."
Matthew Charo Pleads Guilty to Distributing Fatal Heroin to Saratoga Springs WomanRead the Press Release
ALBANY, NEW YORK – Matthew P. Charo, 36, of Saratoga, New York, pled guilty yesterday to distributing a controlled substance, announced Acting United States Attorney Grant C. Jaquith and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
Sentencing is scheduled for December 7, 2017 at 9:30 am before Senior United States District Judge Frederick J. Scullin, Jr. According to the terms of the plea agreement, the parties have proposed that Charo should receive a sentence of 10 years imprisonment. He also faces a term of supervised release of between three years and life, a fine of up to $1,000,000, and a special assessment of $100.
As part of his guilty plea today, Charo admitted that on October 2, 2014, he sold heroin to a 30-year-old woman who was his high school acquaintance. Before the sale, the victim told Charo that she had attempted all day to buy heroin without success. Charo agreed to help the victim purchase heroin, and used the victim’s food stamp EBT card to obtain the drug from another individual. Thereafter, Charo distributed it to the victim, who ingested the heroin and died due to acute heroin intoxication.
"The heroin the defendant distributed ended the life of a 30 year old woman he knew from high school. Thanks to a tireless investigation by the FBI, the New York State Police, and the Saratoga Springs Police Department, the defendant will be held accountable for his crime, but that cannot undo the devastating consequences. We will continue to bring federal charges against those who peddle this poison, to pursue just punishments and prevent future tragedies,” said Acting United States Attorney Jaquith.
FBI Special Agent in Charge of the Albany Field Office Vadim D. Thomas stated, “The success of this investigation is the direct result of our federal, state and local partnerships. While we cannot restore the victim to her family, we can continue in our commitment to eliminating the significant threat drugs pose to our community.”
New York State Police Superintendent George P. Beach, II stated, “I commend the dedicated teamwork of all of our law enforcement partners at the federal, state, and local levels for their efforts in bringing this individual to justice. Our members see the deadly effects of heroin on a daily basis. Heroin and other highly addictive drugs not only put lives at risk, but they destroy our communities. We will continue to be vigilant in working together with our law enforcement partners to keep these harmful narcotics off our streets and our neighborhoods safe.”
Saratoga Springs Police Department Chief Gregory Veitch stated, “Saratoga Springs, like all communities, is not immune from the tragic consequences of the opioid epidemic that law enforcement and other first responders deal with on a daily basis. While we continue to keep the victim and her family in our thoughts and prayers, we appreciate the assistance of the New York State Police, FBI and U.S. Attorney’s Office in bringing Matthew Charo to justice for his actions.”
The case was investigated by the FBI, Albany Field Office, the New York State Police, and the Saratoga Police Department, and was prosecuted by Assistant U.S. Attorney Daniel Hanlon.
Mattapan Man Agrees to Plead Guilty to Federal Drug ChargesRead the Press Release
BOSTON – A Mattapan man agreed to plead guilty yesterday in federal court in Boston to distributing cocaine and conspiring with others to distribute cocaine.
Francisco Torres, 37, a former employee at Logan International Airport who held a “Customs Seal,” a badge that permits entry to Federal Inspection Service areas to individuals who require access in order to perform their job duties, agreed to plead guilty to two counts of distributing cocaine and one count of conspiring with others to distribute cocaine. Judge Indira Talwani deferred acceptance of the plea until sentencing, which is scheduled for Nov. 8, 2017.
On Feb. 16, 2017, Torres was arrested in the South End neighborhood of Boston following a sting operation where he was caught exchanging 850 grams of cocaine for a paper bag containing more than $33,000 in cash. Immediately after the exchange, officers approached Torres, who threw the bag of cash over a fence. Officers arrested Torres and recovered the money.
The conspiracy charge and one count of the cocaine distribution charge provide for a mandatory minimum sentence of five years and no greater than 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of $5 million. The remaining cocaine distribution charge provides for a maximum of 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michael Shea, Acting Special Agent in Charge of Homeland Security Investigations in New England; Colonel Christopher Wagner, Director of the New Hampshire State Police; and Boston Police Commissioner William Evans made the announcement today. Assistant U.S. Attorneys John T. McNeil and Christine Wichers of Weinreb’s Criminal Division are prosecuting the case.
Maryland Man Pleads Guilty for Conspiring to Provide and for Providing Material Support to ISISRead the Press Release
Mohamed Elshinawy, 32, of Edgewood, Md., pleaded guilty in federal court to conspiring to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization; providing and attempting to provide material support to ISIS terrorism financing; and making false statements in connection with a terrorism matter.
Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney of the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon Johnson of the FBI’s Baltimore Office.
According to the plea agreement, Elshinawy conspired with others to knowingly provide material support and resources to ISIS, knowing that ISIS was a designated Foreign Terrorist Organization. From February 2015 through about Dec. 11, 2015, in Maryland and elsewhere, Elshinawy conspired with others to provide material support and resources, including personnel, services (including means and methods of communication), and financial services, to ISIS. Elshinawy and his co-conspirators utilized various methods of secret communication in order to conceal their criminal association and activities from law enforcement.
As a part of the conspiracy, Elshinawy expressed his support for an Islamic caliphate and his belief in the legitimacy of ISIS. In addition, he expressed his hope that ISIS would be victorious and its enemies defeated, and discussed his readiness to travel to live in the Islamic State. In various other conversations, Elshinawy pledged his allegiance to ISIS, described himself as its soldier, committed to making violent jihad, and asked that others convey his message of loyalty to ISIS leadership.
Elshinawy also received payments from a foreign company totaling $8,700 to be used to fund a terrorist attack in the U.S.
In an interview with FBI agents on July 17, 2015, in an effort to conceal and minimize his criminal involvement with ISIS, Elshinawy provided false information regarding the total amount of money he had received from ISIS operatives and claimed his intent was to defraud ISIS of funds. Throughout his interviews, Elshinawy mischaracterized the true nature and extent of his association with ISIS operatives and the support he had provided to ISIS.
The maximum sentence for conspiracy to provide and for providing material support to a designated foreign terrorist organization is 20 years in prison; the maximum sentence for collection of terrorism financing is 20 years in prison; and the maximum sentence for making false statements in a terrorism matter is eight years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Elshinawy’s sentence will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors. Elshinawy has been detained since his arrest on Dec. 11, 2015, on related charges.
Acting Assistant Attorney General for National Security Dana J. Boente and Acting U.S. Attorney Stephen M. Schenning commended the FBI for its work in the investigation. Assistant U.S. Attorneys Christine Manuelian and Kenneth Clark and the National Security Division’s Counterterrorism Section are prosecuting the case.
Maryland Man Pleads Guilty for Conspiring to Provide and for Providing Material Support to ISISRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Mohamed Elshinawy, age 32, of Edgewood, Maryland, pleaded guilty in federal court to conspiring to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization; providing and attempting to provide material support to ISIS terrorism financing; and making false statements in connection with a terrorism matter.
The plea was announced by Acting U.S. Attorney of the District of Maryland Stephen M. Schenning; Acting Assistant Attorney General for National Security Dana J. Boente; and Special Agent in Charge Gordon Johnson of the FBI’s Baltimore Office.
According to the plea agreement, Elshinawy conspired with others to knowingly provide material support and resources to ISIS, knowing that ISIS was a designated Foreign Terrorist Organization. From February 2015 through about December 11, 2015, in Maryland and elsewhere, Elshinawy conspired with others to provide material support and resources, including personnel, services (including means and methods of communication), and financial services, to ISIS. Elshinawy and his co-conspirators utilized various methods of secret communication in order to conceal their criminal association and activities from law enforcement.
As a part of the conspiracy, Elshinawy expressed his support for an Islamic caliphate and his belief in the legitimacy of ISIS. In addition, he expressed his hope that ISIS would be victorious and its enemies defeated, and discussed his readiness to travel to live in the Islamic State. In various other conversations, Elshinawy pledged his allegiance to ISIS, described himself as its soldier, committed to making violent jihad, and asked that others convey his message of loyalty to ISIS leadership.
Elshinawy also received payments from a foreign company totaling $8,700 to be used to fund a terrorist attack in the United States.
In an interview with FBI agents on July 17, 2015, in an effort to conceal and minimize his criminal involvement with ISIS, Elshinawy provided false information regarding the total amount of money he had received from ISIS operatives and claimed his intent was to defraud ISIS of funds. Throughout his interviews, Elshinawy mischaracterized the true nature and extent of his association with ISIS operatives and the support he had provided to ISIS.
The maximum sentence for conspiracy to provide and for providing material support to a designated foreign terrorist organization is 20 years in prison; the maximum sentence for collection of terrorism financing is 20 years in prison; and the maximum sentence for making false statements in a terrorism matter is eight years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. Elshinawy’s sentence will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors. Elshinawy has been detained since his arrest on Dec. 11, 2015, on related charges.
Acting United States Attorney Stephen M. Schenning and Acting Assistant Attorney General for National Security Dana J. Boente commended the FBI for its work in the investigation, and thanked Assistant U.S. Attorneys Christine Manuelian and Kenneth Clark and the National Security Division’s Counterterrorism Section who are prosecuting the case.
Martinsville Doctor Arrested on Federal Drug ChargeRead the Press Release
Abingdon, VIRGINIA – A Martinsville doctor of osteopathic medicine was arrested and charged by federal authorities with possessing with intent to distribute schedule II controlled substances, Acting United States Attorney Rick A. Mountcastle announced.
Joel A. Smithers, of Greensboro, NC, was arrested today and charged in a federal criminal complaint with illegally possessing with the intent to distribute schedule II substances. At the conclusion of a hearing in U.S. District Court in Abingdon, Smithers was released on a $25,000 bond. As a condition of his release, he is prohibited from prescribing any controlled substances. Smithers, a licensed doctor of osteopathic medicine, has operated The Center for Integrative Health at Smithers Community Healthcare in Martinsville, Virginia since September 2015.
The investigation of the case is being conducted by the Drug Enforcement Administration’s Tactical Diversion Squad. Assistant United States Attorneys Zach Lee and Randy Ramseyer are prosecuting the case for the United States.
A criminal complaint is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Marstons Mills Man Sentenced for Role in Cape Cod Heroin Trafficking ConspiracyRead the Press Release
BOSTON – A Marstons Mills man was sentenced yesterday in federal court in Boston for his role in a heroin trafficking operation on Cape Cod.
Sean Pratt, 29, was sentenced by U.S. District Court Chief Judge Patti B. Saris to two years in prison and four years of supervised release. On Sept. 16, 2016, Pratt pleaded guilty to conspiracy to distribute and possess with the intent to distribute 100 grams or more of heroin and possession of heroin with the intent to distribute.
Pratt purchased large quantities of heroin from Denzel Chisholm, a former Cape Cod gang leader and drug trafficker, and co-conspirator Brooke Cotell. Pratt then sold this heroin to other distributors and users. During a search of Pratt’s home, law enforcement officers recovered approximately 50 grams of heroin and a firearm.
In June 2017, Chisholm was convicted by a federal jury of multiple counts of federal drug charges, and on Aug. 7, 2017, Cotell was sentenced to 20 months in prison for distributing heroin on Cape Cod.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Cape and Islands District Attorney Michael O’Keefe; and Barnstable Police Chief Paul MacDonald made the announcement today. Assistant U.S. Attorneys Eric S. Rosen and Miranda Hooker of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.
Marc Henry Johnson Sentenced for Helping Drug Dealer Cover up Role in Woman’s Cocaine OverdoseRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that MARC HENRY JOHNSON was sentenced today to one year and one day in prison for helping cover up a drug dealer’s narcotics offense by moving a woman’s body out of a Manhattan apartment where she had suffered a fatal cocaine overdose. JOHNSON pled guilty on March 21, 2017, to acting as an accessory after the fact to the offense of maintaining a drug-involved premises. JOHNSON entered the guilty plea before U.S. District Judge Jesse M. Furman, who imposed today’s sentence.
Acting U.S. Attorney Joon H. Kim said: “Faced with a choice between helping his long-time drug dealer avoid arrest or helping a woman survive a cocaine overdose, Marc Henry Johnson chose to help the drug dealer. For his callous and illegal choice, Johnson will now join that drug dealer in federal prison.”
According to documents filed in this case and statements made in related court proceedings:
JOHNSON regularly bought cocaine from James Holder, who lived in and sold cocaine from a third-floor apartment in Chelsea. During the night of October 3, 2015, and the early morning hours of October 4, 2015, JOHNSON met with a 38-year-old woman (“Individual-1”) and others at a bar in Manhattan. Individual-1 had been using cocaine before JOHNSON arrived. Later, JOHNSON and Individual-1 left the bar together in a taxi. They arrived at Holder’s apartment building at approximately 4:25 a.m., and walked upstairs to Holder’s apartment. Hours later, JOHNSON and Holder dragged Individual-1’s apparently unconscious body into the building’s first-floor vestibule. Holder then left the building, and JOHNSON called 911 to summon an ambulance. JOHNSON declined to provide his name to the 911 operator, and he did not identify Individual-1, or describe his relationship to her, or explain what had happened to her or why she needed medical assistance. Emergency Medical Technicians responded and found Individual-1 unresponsive in the Chelsea building’s vestibule. JOHNSON left the building soon after the EMTs arrived.
Individual-1 was taken to a hospital and pronounced dead later on October 4, 2015. Her death was caused by, among other things, cocaine use.
* * *
In addition to the prison term, MARC HENRY JOHNSON, 53, was sentenced to two years of supervised release and ordered to pay a fine of $20,000.
Holder, who pled guilty on December 12, 2016, to maintaining a drug-involved premises, was sentenced on May 11, 2017, to a term of five years in prison.
Mr. Kim praised the outstanding investigative work of the U.S. Drug Enforcement Administration’s (DEA) New York Organized Crime Drug Enforcement Strike Force, which comprises agents and officers of the DEA, the New York City Police Department, Immigration and Customs Enforcement – Homeland Security Investigations (HSI), the New York State Police, the U. S. Internal Revenue Service Criminal Investigation Division, the Federal Bureau of Investigation, U.S. Secret Service, the U.S. Marshal Service, New York National Guard, the New York Department of Taxation and Finance, the Rockland County Sheriff’s Office, the Clarkstown Police Department, Port Washington Police Department, and New York State Department of Corrections and Community Supervision. The Strike Force is partially funded by the New York/New Jersey High Intensity Drug Trafficking Area (HIDTA), which is a federally funded crime fighting initiative.
The case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Margaret Garnett and David Abramowicz are in charge of the prosecution.
Manhattan U.S. Attorney Obtains Judgment Against Bronx Pastor/Retired Assistant Principal for Fraudulently Retaining Deceased Father’s Social Security Benefits for 14 YearsRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and John Grasso, the Special Agent in Charge of the United States Social Security Administration, Office of the Inspector General, announced today the entry of a $330,284 consent judgment against TORRENCE ROBINSON (“ROBINSON”), a Bronx pastor and recently retired New York City assistant principal, for fraudulently misappropriating Social Security retirement benefits. The consent judgment, along with a Stipulation and Order of Settlement (the “Stipulation”), resolves the United States’ civil claims against ROBINSON, brought under the False Claims Act in a complaint filed on October 5, 2016. Both the consent judgment and Stipulation were entered today by U.S. District Judge Valerie E. Caproni.
Acting U.S. Attorney Joon H. Kim said: “Social Security is a critical but limited resource that millions of Americans depend on in retirement. We will not tolerate abuse of this common good. Relatives of deceased beneficiaries have an obligation to notify the Social Security Administration, and those who choose to pocket the cash will be held to account.”
Special Agent in Charge John Grasso said: “This consent judgment should serve as a warning to people who choose to selfishly defraud the Social Security Trust Fund. Such individuals are not only liable for the money that they stole, but potentially additional monetary penalties under the False Claim Act. Our Office vigorously pursues these cases criminally, civilly, and administratively to the fullest extent of the law. I strongly encourage the public to report suspected instances of Social Security fraud to the OIG’s Fraud Hotline at 1-800-269-0271 or https://oig.ssa.gov/report.”
This Office filed a civil fraud suit against ROBINSON under the False Claims Act and common law alleging that he misappropriated more than $200,000 in Social Security benefits between 1999 and 2013. These benefits had been paid by the Social Security Administration to Robinson’s father after his father had died. The False Claims Act was amended in 2009 to cover persons who knowingly conceal or improperly avoid repaying amounts owed to the Government, regardless of whether a false claim or statement is made. Thus, those who misappropriate Social Security benefits paid to deceased relatives after 2009 may be subject to treble damages and penalties under the False Claims Act. Up until 2009, the Government could recover only single damages in such cases, in common-law court actions.
Under the Stipulation, ROBINSON agreed to a judgment in the amount of $330,284, representing the amount of benefits he took plus additional damages under the False Claims Act for conduct occurring after the law was amended in 2009.
ROBINSON, 65, of New Windsor, New York, further admitted and accepted responsibility for misappropriating $214,994 in payments from the Social Security Administration. Specifically, ROBINSON admitted that after his father died in 1999, ROBINSON maintained access to a joint bank account into which his father’s Social Security retirement benefits continued to be deposited, and ROBINSON redirected those funds for his own use until 2013. During this time, ROBINSON was employed as the pastor of a Bronx church and as a New York City assistant principal, earning well over six figures from his positions. ROBINSON also admitted that he was aware that he had no right to the payments and that he was obligated to inform the Social Security Administration of the death of his father and to return the payments, but failed to do so.
Mr. Kim thanked the Social Security Administration’s Office of Inspector General for its investigative work.
The case is being handled by the Office’s Civil Frauds Unit. Assistant U.S. Attorney Stephen Cha-Kim is in charge of the case.
Manchester Man Pleads Guilty to Participating in Fentanyl Distribution ConspiracyRead the Press Release
CONCORD, N.H. - Acting United States Attorney John J. Farley announced today that Almir Causevic, 32, of Manchester, New Hampshire, pleaded guilty to conspiracy to possess with the intent to distribute fentanyl.
Court documents and statements in court showed that on April 1, 2016, law enforcement officers conducted a traffic stop in Manchester of a vehicle operated by Almir Causevic. A search of the vehicle resulted in the seizure of approximately 244 grams of fentanyl and $1,200 cash.
A passenger in the vehicle, Muharem Causevic, pleaded guilty to the drug conspiracy charge on August 11, 2017.
“The United States Attorney’s Office is committed to working with our local, state and federal law enforcement partners to target individuals who are responsible for the distribution of large quantities of fentanyl in New Hampshire,” said Acting U.S. Attorney Farley. “While those who suffer from addiction need access to treatment, those who seek to profit from the distribution of this deadly drug will be prosecuted aggressively. I commend the work of the law enforcement officers who located and seized this significant amount of fentanyl.”
"The state of New Hampshire is faced with a fentanyl and heroin crisis unlike ever before," said Special Agent in Charge Michael J. Ferguson. "Those suffering from fentanyl and heroin addiction need treatment and recovery, but those that distribute and profit from spreading this misery need to be held accountable. This investigation demonstrates the strength and continued commitment of our local, state and federal partners and our strong relationship with the U.S. Attorney's Office."
Almir Causevic’s sentencing is scheduled for November 28, 2017. As a result of his conviction, he may also face deportation proceedings at the conclusion of his federal prison sentence.
The investigation was conducted by the United States Drug Enforcement Administration, Bedford Resident Office, Bedford, New Hampshire and the Manchester, New Hampshire Police Department. Assistant United States Attorney Jennifer Cole Davis is prosecuting the case.
###
Man Sentenced for Failure to RegisterRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Robert Tjepkema, 53, was sentenced today in Lincoln, Nebraska, to 3 years in prison by United States District Judge John M. Gerrard, for failure to register as a sex offender. In addition to his prison term, Tjepkema will be required to serve 8 years of supervised release.
In 1992, Robert Tjepkema was convicted of a sex offense in Minnesota which, under state law, required him to register as a sex offender for 10 years. In 2001, he was convicted of failure to register in Minnesota and sentenced to 9 months imprisonment. Under Minnesota law, the original 10-year registration period began anew when he was released, plus an additional five years for the new conviction, extending his registration requirement under state law to October of 2016.
Tjepkema then moved to Florida. In 2007, he was convicted of failure to register and sentenced to 35.5 months incarceration. His registration requirement under state law was then extended to February 23, 2029.
Under federal law Tjepkema is a Tier III sex offender with a lifetime registration requirement.
Tjepkema began living in Nebraska in 2010. He did not register as a sex offender prior to his arrest on the instant charges in early March, 2017.
This case was investigated by the United States Marshal’s Service.
Long-Running Clean Water Act Dispute Ends, Duarte Agrees to Pay Civil Fines, Restore Streams and WetlandsRead the Press Release
Bringing to a close several years of litigation, John Duarte and Duarte Nursery Inc. have agreed to pay a large civil penalty and preserve and restore creeks, streams, and wetlands to resolve violations of the Clean Water Act on property located in Tehama County, California, the Justice Department announced today.
Duarte has agreed to pay $1.1 million in civil penalties and mitigation for 22 acres of disturbed streams and wetlands and to permanently protect creeks on the property that are connected to the Sacramento River. The agreement follows a federal court determination in 2016 finding Duarte liable for violating the Clean Water Act and will redress illegal "ripping" of federally-protected streams and wetlands. The agreement allows Duarte to return the vast majority of the site to productive use and allows him to seek future determinations concerning jurisdictional waters at the site.
“Today's agreement affirms the Department of Justice's commitment to the rule of law, results in meaningful environmental restoration, and brings to an end protracted litigation,” said Jeffrey H. Wood, Acting Assistant Attorney General for the Justice Department's Environment and Natural Resource Division. “We are pleased to reach this agreement that serves the public interest in enforcement of the Clean Water Act and deterrence of future violations.”
“The Corps is pleased that this long-standing enforcement action has finally been resolved,” said Michael Jewell, the Chief of the Regulatory Division for the U.S. Army Corps of Engineers’ Sacramento District. “We encourage members of the public to contact the Corps prior to engaging in activities that are regulated under the Clean Water Act. The Corps is always willing to talk to the public about the Regulatory Program and to provide information on permit requirements, jurisdictional determinations, wetland delineations, and any other aspects of the Program.”
This case stems from activities Duarte conducted after he recently purchased property that had laid fallow and unfarmed for more than 20 years. Duarte bought the property in 2012 for $5 million and shortly thereafter sold most of it for approximately $8 million, retaining 450 acres for his own use. Even before the purchase, Duarte received detailed maps showing the location of federally-protected streams and wetlands which took up less than 10 percent of his remaining property.
Despite the small portion of property that was subject to the Clean Water Act, Duarte hired a contractor to conduct "ripping" throughout the entire 450 acres, including in streams and wetlands, even though Duarte's own environmental consultant had warned him that he would be subject to significant penalties for ripping without a permit from the Army Corps of Engineers. This resulted in the ripping of flowing streams, running creeks, and in protected wetlands. In 2016, a federal court rejected Duarte's "plowing" defense based on the facts of this case, finding that no plowing had occurred anywhere on the site for at least 24 years and that (as intended) the ripping activity converted areas of water to dry land. The settlement agreement reached today secures a significant penalty for these violations, while providing fairness for farmers and other landowners who comply with the applicable laws.
In a recent pre-trial brief, the United States gave assurances that this case is not (and will not be used as) a pretext for federal prosecution of farmers who engage in normal plowing on their farms. No federal dredge-or-fill permit is required for plowing as defined in the regulations, and no such permit is required for discharges from "normal farming ... activities" (including plowing) if they are part of an established (i.e., ongoing) farming operation and not for the purpose of converting federally protected waters to new uses. Those protections for farmers remain in the law today and will continue to be recognized.
The proposed consent decree, lodged in the U.S. District Court in Sacramento, is subject to a 30-day comment period and final court approval. A copy of the proposed consent decree is available on the Justice Department Web site at www.usdoj.gov/enrd/Consent_Decrees.html.
Legal Permanent Resident from El Salvador Sentenced to Fifteen Years for Cocaine and Heroin Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Jose Remberto Guzman-Dominguez, 34, a legal permanent resident from El Salvador who resided in Las Vegas, Nev., was sentenced today in federal court in Las Cruces, N.M., for his conviction on cocaine and heroin trafficking charges. Guzman-Dominguez was sentenced to 180 months of imprisonment and will be deported after completing his prison sentence.
Guzman-Dominguez and co-defendant Miguel Angel Rodriguez-Flores, 47, of Hawthorne, Calif., were arrested on Nov. 14, 2015, and were charged by criminal complaint after officers of the New Mexico Motor Transportation Police found approximately 117.15 pounds (53.14 kilograms) of narcotics in their commercial tractor-trailer during a routine inspection at the port of entry on Interstate 10 near Lordsburg, N.M. The two men subsequently were indicted on Feb. 17, 2016, on charges that they conspired to distribute cocaine and heroin and possessed cocaine and heroin with intent to distribute. According to the indictment, defendants committed the three offenses in Hidalgo County, N.M., on the evening of Nov. 13, 2014 and the early morning of Nov. 14, 2015.
Trial of Guzman-Dominguez and Rodriguez-Flores on the three-count indictment began July 11, 2016, and concluded on July 15, 2016, when the jury returned a verdict of guilty on all three counts. The evidence at trial established that late on Nov. 13, 2015 and into the early hours of Nov. 14, 2015, the defendants were traveling in a commercial tractor-trailer from Phoenix, Ariz., to Lordsburg. When they entered the port of entry on Interstate 10 in Hidalgo County, the New Mexico Motor Transportation Police stopped their commercial tractor-trailer to conduct a safety inspection. After identifying several safety violations, the inspector continued with a cargo inspection and found that the trailer was fully loaded with large containers of industrial cleaning solution. While inspecting the cargo, the inspector found four cardboard boxes that were different from the industrial cleaning solution containers. One of the boxes was open and contained several cellophane wrapped bundles. The officers opened one of the cellophane bundles and found that it contained white powder that tested positive for cocaine. The four boxes contained 51 bundles with a gross weight of 53.14 kilograms. Laboratory tests later performed on the contents of the 51 bundles determined that 46 of the packages contained an aggregate of 105.6 pounds (47.9 kilograms) of cocaine and five packages contained an aggregate of 11.55 pounds (5.24 kilograms) of heroin.
Rodriguez-Flores was sentenced on March 15, 2017, to 120 months in prison followed by five years of supervised release.
The Border Enforcement Security Taskforce of the Las Cruces office of Homeland Security Investigations, New Mexico State Police, and New Mexico Motor Transportation Police investigated this case.
Assistant U.S. Attorneys Brock Taylor and Richard Williams of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Leader of Sunland Park Heroin Trafficking Ring Sentenced to Six Years for Federal Narcotics Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Raymundo Munoz, 69, of Sunland Park, N.M., was sentenced today in federal court in Las Cruces, N.M., to 72 months in prison for his conviction on heroin trafficking charges. Munoz will be on supervised release for four years after completing his prison sentence.
Munoz was the ringleader of a heroin trafficking organization operating out of Sunland Park, N.M., that obtained its heroin from Juan Francisco Rivera, 60, of El Paso, Tex., that was the target of a DEA-led investigation. The investigation was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Ten members of the heroin trafficking ring were charged in July 2016, in a 30-count indictment with participation in a heroin trafficking conspiracy and a series of substantive heroin trafficking offenses. The indictment charged all ten defendants with conspiring to distribute heroin in Doña Ana County and elsewhere between May 8, 2016 and July 12, 2016. It also included 23 counts charging certain defendants with distributing heroin or possessing heroin with intent to distribute and six counts charging certain defendants with using communications devices (telephones) to facilitate heroin trafficking crimes.
According to the indictment, Rivera routinely supplied Muñoz with heroin, in quantities ranging from two to nine ounces, which was smuggled by couriers into the United States across the international border in El Paso. Muñoz took the heroin to his Sunland Park residence where he distributed the drugs to others. Members of the conspiracy used telephones to negotiate their heroin deals, arrange for heroin deliveries, and pay for the heroin.
On March 1, 2017, Munoz pled guilty to conspiracy and distribution of heroin. In entering the guilty plea, Munoz admitted to conspiring with Rivera and others to distribute approximately 119 ounces of heroin between April and July 2016, using female body carriers who would cross heroin from Mexico into the United States to give to Rivera who would then give the heroin to Munoz. Munoz also admitted that on dates from April 10, 2016, through July 11, 2016, he facilitated the sale and delivery of more than 64 grams of heroin to other individuals. Munoz’s plea agreement indicated that on July 11, 2016, Blanca Elisa Tovar, 42, of El Paso, Texas, smuggled seven ounces of heroin to the United States, intending to deliver the heroin to Rivera. However, Tovar, Rivera and Munoz were arrested and agents subsequently seized approximately $52,304, several ounces of heroin and a firearm from Munoz’s vehicle and residence.
The following defendants previously entered guilty pleas in the case:
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Carlos Diaz, 37, of El Paso, Texas, pled guilty on Jan. 24, 2017, and was sentenced on June 29, 2017, to 18 months in prison followed by three years of supervised release;
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Sandra Francis Guzman, 53, of El Paso, Texas, pled guilty on March 21, 2017, and was sentenced on July 25, 2017, to 18 months in prison followed by three years of supervised release;
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Alberto Lozano-Morales, 43, of Sunland Park, pled guilty on Dec. 6, 2016, and was sentenced on May 24, 2017 to time served followed by one year of supervised release;
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Blanca Elisa Tovar, 42, of El Paso, Texas, pled guilty on Dec. 13, 2016, and faces a sentence of 24 months in prison under the terms of her plea agreement;
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Juan Francisco Rivera pled guilty on Feb. 7, 2017, and faces a sentence of 108 months in prison under the terms of his plea agreement;
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Armando Daniel Marquez, 54 of Sunland Park, N.M., pled guilty on Feb. 23, 2017, and faces a maximum sentence of 20 years under the terms of his plea agreement; and
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Eleodoro Sanchez, 62, of Canutillo, Texas, pled guilty on March 7, 2017, and faces a maximum sentence of 20 years under the terms of his plea agreement.
One of the two remaining co-defendants has entered a plea of not guilty to the charges in the indictment; the second has yet to be arrested and is considered a fugitive. Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
The Las Cruces office of the DEA and Sunland Police Department investigated these cases with assistance from the El Paso office of the FBI, the U.S. Border Patrol, and the Gang Unit of the El Paso Police Department. Assistant U.S. Attorneys Dustin C. Segovia and Renee L. Camacho of the U.S. Attorney’s Las Cruces Branch Office are prosecuting these cases as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
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KC Woman Sentenced for Identity TheftRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., woman was sentenced in federal court today for using stolen Social Security numbers in a scheme to defraud a series of landlords.
Twyla Lashelle Adair, 41, of Kansas City, was sentenced by U.S. District Judge Beth Phillips to four years and six months in federal prison without parole. The court also ordered Adair to pay $18,497 in restitution.
On April 13, 2017, Adair pleaded guilty to three counts of misuse of a Social Security number and one count of aggravated identity theft.
According to court documents, Adair used the Social Security numbers of four different persons over a period of four years (beginning in 2012) to apply for apartments where she would live for close to a year, abandon the apartment with large amounts of rent unpaid, then move into another apartment using another Social Security number to repeat the process all over again. Adair perpetrated a fraud on multiple landlords by falsely representing that she was a nurse and by providing forged pay stubs showing she had received income from employment as a nurse. She made this misrepresentation not only to convince the landlords that she had income to pay rent, but also to convince the landlords that because she was a nurse she would be a responsible tenant.
Numerous letters from charitable organizations indicate they assisted Adair in paying her rent. One apartment manager, for example, had letters on file from four churches and charitable organizations that gave Adair a total of $849. Adair also falsely claimed on her Facebook page (under the name Twyla Hicks) that she had cancer and got the eviction judge to feel sorry for her and to find agencies to help pay her rent.
Court documents describe Adair as a prolific writer of counterfeit and fraudulent checks. She used the names and identities of other people, along with fraudulent and false names, to open credit accounts that were never paid and to pay for goods and services with worthless checks. With no history of legitimate employment, Adair made her living through identity theft and defrauding others, including churches.
This case was prosecuted by Deputy U.S. Attorney Gene Porter. It was investigated by the Kansas City, Mo., Police Department.
KC Man Sentenced for Illegal Firearm Used in Shooting of 14-Year-Old VictimRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced today that a Kansas City, Mo., man has been sentenced in federal court for illegally possessing a firearm that was used in the shooting of a 14-year-old girl five days earlier.
Tyron Young, 28, of Kansas City, was sentenced by U.S. Chief District Judge Greg Kays on Monday, Aug. 14, 2017, to nine years and seven months in federal prison without parole. The court ordered the federal sentence to be served consecutively to any sentence Young receives in a pending state case in which he has been charged with shooting the 14-year-old victim.
On Nov. 21, 2016, Young pleaded guilty to being a felon in possession of a firearm. At yesterday’s sentencing hearing, the government introduced evidence that Young possessed the firearm in connection with the commission of another crime, assault with intent to murder. Young has been charged in the Circuit Court of Jackson County with two counts of armed criminal action, unlawful use of a weapon (discharging a weapon at a habitable structure) and assault related to the May 11, 2016, shooting.
Evidence introduced in the sentencing hearing indicates that Young climbed onto the back deck of the victim’s home and fired several gunshots through the victim’s bedroom window. The victim, who was in bed, was struck in the leg and suffered a fracture that required two surgeries (in which an intramedullary rod and three locking screws were implanted) and extensive rehabilitation. The bullet that struck the victim fragmented and consequently, some metal bullet fragments remain in the victim’s leg after surgery. According to testimony, the victim’s brother was actually the intended target for the retaliatory shooting.
According to court documents, Kansas City police officers attempted to stop Young, a documented 57th Street gang member with eight active warrants, on May 16, 2016. Young, driving a Dodge Dart, refused to stop after the officers activated their lights and sirens, and instead began driving at a high rate of speed through a residential neighborhood in the area of 57th Street and Wabash. A police pursuit was not initiated due to public safety concerns, however, an area canvass was immediately initiated for Young and the vehicle.
Officers saw Young walking away from the vehicle at 60th Street and Wabash. When Young saw the officers, he began to flee on foot, but was apprehended. A loaded Taurus 9mm semi-automatic handgun was found lying on the ground in the area where Young had been seen. Young later confessed that he had the firearm in the vehicle with him and threw it down before the police arrested him.
A Kansas City Police Crime Laboratory forensic specialist compared the Taurus handgun that Young possessed on May 16, 2016, to the five spent 9mm caliber cartridge cases and two spent bullets recovered by police from the shooting victim’s home on May 11, 2016. After analysis, the forensic specialist concluded that all five cartridge cases were fired from Young’s firearm. The forensic specialist also determined that one of the spent bullets had likewise been fired from the same Taurus. The analysis on the remaining spent bullet was inconclusive.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Young has a prior felony conviction for attempted robbery.
This case was prosecuted by Assistant U.S. Attorney Brad K. Kavanaugh. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Irondequoit Man Pleads Guilty to Failing to Pay TaxesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jeffrey Cannizzo, 54 of Irondequoit, NY, pleaded guilty to willfully failing to pay a tax before U.S. District Charles J. Siragusa. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that the defendant owned and operated Cannizzo Contacting Corporation, an electrical contracting business. Cannizzo and his business served as an in-house electrical contractor for the company. The Company agreed to pay Cannizzo and his business a wage of approximately $40 per hour for each employee, including defendant. Cannizzo made money from this arrangement by paying his employees less than $40 per hour for their work, in addition to the $40 per hour that defendant earned from his work there.
The defendant's business earned significant income from his arrangement with the Company, and was required to make estimated payroll tax payments. Cannizzo contracted with Paychex to handle the weekly payroll processing, including payments of payroll taxes. In 2002, Paychex stopped paying Cannizzo Contracting Corporation’s business payroll taxes, but continued to process the payroll, informed defendant of the estimated payroll tax payments owed, and provided him with copies of Employer’s Quarterly Federal Tax Returns – Form 941—for each quarter from 2007 forward. The defendant however failed to make the estimated payroll tax payments on behalf of his business. Cannizzo failed to pay a total of $135,360.62 to the Internal Revenue Service.The plea is the result of an investigation by the Internal Revenue Service, Criminal Investigation Division, under the direction of James D. Robnett, Special Agent in Charge, New York Field Office.
Sentencing is scheduled for December 11, 2017, at 9:15 a.m. before Judge Siragusa.