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Wednesday 2 August 2017
Illegal Alien from Mexico Sentenced to Prison after Returning to the United States Following Two DeportationsRead the Press Release
A Mexican man who had previously been deported twice was sentenced today to 16 months in federal prison.
Leonardo Vega-Martinez, age 40, a citizen of Mexico who had been living in Cascade, Iowa, received the prison term after a May 4, 2017, guilty plea to misuse of a Social Security Number and illegal reentry of a removed alien after a felony conviction.
In a plea agreement, Vega-Martinez admitted he illegally reentered the United States without permission after having been deported from the United States in 2009 and 2011. Vega-Martinez also admitted that after illegally returning to the United States, he used a fraudulent Social Security Number when he completed an Immigration Form I-9 in February 2013 to obtain employment at a company in Earlville, Iowa. Vega-Martinez was previously convicted in Texas in 2011 of illegal reentry of a removed alien, a felony offense. Vega-Martinez had also been convicted of operating a motor vehicle while under the influence of alcohol three times, including two times in Allamakee County, Iowa, where he was convicted under an alias.
Vega-Martinez was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Vega-Martinez was sentenced to 16 months’ imprisonment. A special assessment of $200 was imposed. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Vega-Martinez is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Daniel C. Tvedt and investigated by the Department of Homeland Security, Immigration and Customs Enforcement, Enforcement and Removal Operations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-2012-LRR.
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ISIS supporter from Akron sentenced to 20 years in prison for soliciting murder of U.S. service membersRead the Press Release
An Akron man was sentenced to 20 years in prison for soliciting the murder of members of the U.S. military.
Terrence J. McNeil, 24, pleaded guilty earlier this year to five counts of solicitation to commit a crime of violence and five counts of making threatening interstate communications.
The sentencing was announced by Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney David A. Sierleja and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division.
"With this sentence, McNeil is being held accountable for disseminating ISIS's violent rhetoric, circulating U.S. military personnel information and explicitly calling for the killing of American service members in their homes and communities," said Acting Assistant Attorney General Boente. "The National Security Division will continue to investigate and prosecute those who use social media to threaten acts of violence against our military members and their families, on behalf of terrorist organizations."
“This defendant was dedicated to attacking members of the military here in the United States,” Acting U.S. Attorney Sierleja said. “This kind of fanaticism is dangerous and will be aggressively prosecuted.”
“It is reassuring knowing that Terrence McNeil will spend a significant amount of time behind bars for the crimes he committed. The FBI will continue to aggressively defend First Amendment rights, however in this case, McNeil went far beyond free speech by reposting names and addresses of 100 U.S. service members, all with the intent to have them killed,” said Special Agent in Charge Anthony. “The FBI will remain vigilant in our efforts to stop those who wish to support these despicable acts.”
According to documents filed in the case:
McNeil professed his support on social media on numerous occasions for the Islamic State of Iraq and al-Sham, a designated foreign terrorist organization.
On or about Sept. 24, 2015, using a Tumblr account, McNeil reblogged a file with the banner “Islamic State Hacking Division,” followed by “Target: United States Military” and “Leak: Addresses of 100 U.S. Military Personnel.”
The file type is a .gif file, which allows multiple still images to be looped in one file, with a timed delay between each image. The text of the first file reads “O Brothers in America, know that the jihad against the crusaders is not limited to the lands of the Khilafah, it is a world-wide jihad and their war is not just a war against the Islamic State, it is a war against Islam…Know that it is wajib (translated to “necessary”) for you to kill these kuffar! and now we have made it easy for you by giving you addresses, all you need to do is take the final step, so what are you waiting for? Kill them in their own lands, behead them in their own homes, stab them to death as they walk their streets thinking that they are safe…”
The file then loops several dozen photographs, purportedly of U.S. military personnel, along with their respective name, address and military branch.
The final image looped is a picture of a handgun and a knife with text that reads “…and kill them wherever you find them…”
The defendant posted multiple other kill lists in late 2015, all of which repeated the same refrain, calling on others to seek out and murder U.S. servicemen and women.
McNeil also researched the price online of firearms for sale and possessed detailed bomb-making instructions, according to court documents.
This case is being prosecuted by Assistant U.S. Attorney Chris N. Georgalis and Michelle M. Baeppler, with assistance from Trial Attorney Jennifer Levy of the National Security Division’s Counterterrorism Section, following an investigation by the FBI’s Joint Terrorism Task Force in Cleveland.
Husband and Wife Plead Guilty to Sex TraffickingRead 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 Frederick Evans, 40, and his wife Lashara Evans, 37, both of Rochester, NY, pleaded guilty to sex trafficking offenses before U.S. District Judge Charles J. Siragusa. Frederick Evans pleaded guilty to transporting a minor across state lines for the purpose of engaging in prostitution and faces a mandatory minimum penalty of 10 years in prison and a maximum of life. Lashara Evans pleaded guilty to conspiring with Frederick Evans to have minors engage in sex trafficking and faces a maximum sentenced of five years in prison.
Assistant U.S. Attorney Melissa Marangola, who is prosecuting the case, stated that between 2006 and 2007, Frederick Evans transported a minor victim from Rochester to New Orleans, Louisiana. The minor victim engaged in prostitution activities and gave the proceeds to the defendant.
In 2010, a 15 year-old minor victim was looking for a place to live when she met Frederick Evans who convinced the minor to engage in prostitution activities. Frederick Evans, who advertised the minor victim on Backpage.com., would have the minor victim engage in these activities along with his then-girlfriend Lashara. The minor and Lashara Evans would prostitute at a residence in Rochester, as well as at hotels in Syracuse, Watertown and Buffalo. Lashara Evans paid for the hotel rooms on occasion and the minor victim would give a portion of the money she earned from prostituting to Lashara Evans who would, in turn, give it to Frederick. Frederick used the money to pay rent and the bills for the residence where the prostitution activities took place in Rochester.
On December 17, 2011, Lashara Evans and Frederick Evans transported both the minor victim and another minor victim to a hotel in the Elmira area in order to engage in prostitution.
Frederick Evans will be sentenced on November 2, 2017, at 9:15 a.m. Lashara Evans will be sentenced on November 6, 2017, at 9:15 a.m. Both sentencings will be before Judge Siragusa.
The pleas are the culmination of an investigation on the part of the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Henderson Man Sentenced to 14 Years in Prison for Receipt of Child PornographyRead the Press Release
LAS VEGAS, Nev. – A Henderson, Nev. man was sentenced today to 168 months in prison followed by lifetime supervised release for receipt of child pornography, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
After a three-day jury trial, on April 27, 2017, a jury found Andrew John Gibson, 28, guilty of one count of receipt of child pornography. United States District Judge Kent J. Dawson presided over the jury trial and sentencing hearing.
According to the indictment and other court documents, from about June 19, 2013 to about Nov. 21, 2013, Gibson used the Ares P2P network to access and download child pornography. During an interview with law enforcement, Gibson admitted to downloading child pornography. After forensic examinations of Gibson’s computers, law enforcement deemed 307 images and 201 videos were child pornography.
The case was investigated by the U.S. Immigration and Customs Enforcement's Homeland Security Investigations (ICE-HSI) and the Las Vegas Metropolitan Police Department. The case was prosecuted by Assistant U.S. Attorneys Christopher Burton, Patrick Burns, and Lisa Cartier-Giroux.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals, federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood and for information about internet safety education, visit www.usdoj.gov/psc.
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Hedge Fund Manager ArrestedRead the Press Release
BOSTON – A Boston-area hedge fund manager was arrested and charged today in federal court in Boston with running a multi-million dollar Ponzi scheme.
Raymond K. Montoya, 69, of Allston, was charged with mail fraud and wire fraud. Montoya was released on conditions following an initial appearance in federal court this afternoon.
Between 2009 and June 2017, Montoya ran a pooled investment hedge fund in Boston called RMA Strategic Opportunity Fund, LLC. It is alleged that Montoya falsely told his investors—including his family, friends, and acquaintances who resided in Massachusetts, Ohio, and California—that the fund was earning substantial returns, when in fact, by 2014, the RMA Fund was sustaining substantial losses. According to court documents, the victims transferred millions of dollars of their personal savings and 401(k) retirement plans to Montoya and the RMA Fund. Montoya told his investors that he would invest their money in stocks and bonds, but he actually invested only a portion of their money, while diverting the rest—totaling millions of dollars—to business and personal bank accounts. Montoya allegedly used the diverted money for personal expenses such as luxury vehicles and the mortgage on his son’s residence.
Montoya was previously charged with securities fraud in a civil complaint by the Massachusetts Securities Division.
The charging statutes provide for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain or gross loss from the offense, restitution and forfeiture. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. The Massachusetts Securities Division provided valuable assistance. The case is being prosecuted by Assistant U.S. Attorney Neil J. Gallagher Jr. of Weinreb’s Economic Crimes Unit.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Hazleton Man Sentenced to 57 Months’ Imprisonment for Heroin TraffickingRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jacob Davis, age 32, of Hazleton, Pennsylvania, was sentenced today to 57 months’ imprisonment by Senior U.S. District Court Judge Richard P. Conaboy, for selling heroin in the Hazleton area during the summer of 2015.
According to United States Attorney Bruce D. Brandler, Davis previously pleaded guilty to distributing between 80 and 100 grams of heroin (which equals approximately 3,000-4,000 retail bags of heroin) during June through August of 2015.
Judge Conaboy also ordered Davis to serve three years on supervised release following his prison sentence.
Davis was charged in an Information filed by the U.S. Attorney’s Office in October 2015. The case was investigated by the Drug Enforcement Administration and the Hazleton Police Department. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
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Greenbrier County pain pill dealer sentenced to federal prison for drug crimeRead the Press Release
BECKLEY, W.Va. - A Greenbrier County man was sentenced today to a year and 10 months in federal prison for an oxymorphone crime, announced United States Attorney Carol Casto. Justin Wade Bradley, 24, of Alderson, previously pleaded guilty to distribution of oxymorphone.
Bradley admitted that on October 21, 2016, he sold oxymorphone to a confidential informant working with law enforcement. The drug deal took place in Ronceverte. As part of the plea agreement, Bradley further admitted that he distributed approximately 75 oxymorphone pills between the summer of 2016 and November of 2016, which accounted for the other drug trafficking conduct charged in the indictment.
The Greenbrier Valley Drug and Violent Crime Task Force conducted the investigation. Assistant United States Attorney John L. File is responsible for the prosecution. United States District Judge Irene C. Berger imposed the sentence.
This case was prosecuted under the Greenbrier Valley Heroin and Pill Initiative as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Getaway Driver Involved in North Jersey Bar Robbery Sentenced to Two Years in PrisonRead the Press Release
NEWARK, N.J. – A Rockland County, New York, man was sentenced today to 24 months in prison for his role in a conspiracy to rob a bar in Hawthorne, New Jersey, Acting U.S. Attorney William E. Fitzpatrick announced.
Oscar Avalos-Cortez, 23, of New City, New York, previously pleaded guilty before U.S. District Judge Jose L. Linares to an information charging him with conspiracy to commit Hobbs Act Robbery. Judge Linares imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
On Dec. 25, 2015, Avalos-Cortez drove at least six conspirators to a bar in Hawthorne, where they forcibly robbed the bar and subsequently fled with approximately $200 in cash in Avalos-Cortez’s car.
In addition to the prison term, Judge Linares sentenced Avalos-Cortez to three years of supervised release.
Avalos-Cortez was originally charged with Wilbur Jonathan Barahona, 21, of Ridgewood, New Jersey, Guillermo Carrillo-Iraheta, 20, of Suffern, New York, Balmore Carrillo-Iraheta, 20, of Suffern, Juan Chiliseo-Vega, 20, of Suffern, and Jostin Reyes, 21, of Waldwick, New Jersey, in November 2016.
Chiliseo-Vega, Guillermo Carrillo-Iraheta and Reyes previously pleaded guilty in Newark federal court to three-count informations in connection with their involvement in the conspiracy to commit Hobbs Act Robbery, as well as a carjacking and kidnapping in which Avalos-Cortez was not involved. On July 7, 2017, Chiliseo-Vega was sentenced to 168 months in prison and Guillermo Carrillo-Iraheta was sentenced to 150 months in prison. Reyes is scheduled to be sentenced Oct. 18, 2017.
Balmore Carrillo-Iraheta was indicted by a federal grand jury on April 18, 2017, for his role in the conspiracy to rob the bar. The charges against Barahona for his role in the robbery, carjacking, and kidnapping are still pending. Both men are presumed innocent unless and until proven guilty.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, as well as the Ridgewood and Hawthorne Police Departments, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorneys Elaine K. Lou and Karen D. Stringer of the U.S. Attorney’s Office’s Criminal Division in Newark.
Georgetown Man Indicted for Health Care FraudRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Cameron Banks (a/k/a Reggie Staggers), age 32, of Georgetown, S.C., was charged in a seven-count federal indictment with Health Care Fraud, in connection with an alleged scheme to submit fraudulent loan applications for dental services.
The maximum penalty he could receive for each count is 20 years imprisonment and a fine of $250,000.
The case was investigated by agents with the Federal Bureau of Investigations (FBI) and the Internal Revenue Service and is assigned to Assistant United States Attorney Matt Austin of the Charleston office for prosecution.
The United States Attorney stated all charges in this indictment are merely accusations and the defendant is presumed innocent until and unless proven guilty.
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Fort Wayne Man Sentenced to 97 Months ImprisonmentRead the Press Release
FORT WAYNE – Acting United States Attorney for the Northern District of Indiana, Clifford D. Johnson, announces that Japheth Sims, age 29, of Fort Wayne, Indiana, was sentenced before United States District Court Judge Theresa Springmann on his plea of guilty to the crime of being a convicted felon in possession of a firearm.
Sims was sentenced to 97 months imprisonment and 1 year of supervised release.
According to documents filed in this case, August 19, 2016, Sims possessed a firearm after having been convicted of felony Possession of Cocaine.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department Vice and Narcotics Unit, with the assistance of the United States Marshal’s Service and was handled by Assistant United States Attorney Stacey R. Speith.
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Former Plattsburgh Resident Admits Half a Million Dollars in Online FraudRead the Press Release
ALBANY, NEW YORK – Jared R. Hudson, 39, formerly of Plattsburgh, New York, pled guilty today to conspiracy to commit wire fraud, wire fraud, access device fraud, and aggravated identity theft.
The announcement was made by Acting United States Attorney Grant C. Jaquith, Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Plattsburgh Police Chief Kenneth R. Parkinson.
As part of his plea, Hudson admitted that from October 2009 until December 13, 2014, he devised a scheme to defraud banks, merchants, and individual consumers by obtaining stolen credit card numbers, bank account numbers, expiration dates, security codes, answers to security questions, and other personal identification information that was used to purchase goods electronically and to fraudulently transfer and attempt to transfer funds electronically.
Initially, the defendant used stolen credit card numbers belonging to others to order merchandise online and had the merchandise shipped to him. Hudson used the stolen personal identification information to sign up for credit cards in other people’s names, which the defendant had sent to him for use in purchasing merchandise online. The scheme to defraud evolved into opening investment accounts in the defendant’s name which were funded with money taken from the victims’ bank accounts using stolen account numbers, routing numbers, identification, and banking security information. As part of his guilty plea, Hudson admitted at least $510,544.49 in actual and intended losses from his victims.
Hudson has been detained in custody since his arrest on June 24, 2016. Upon sentencing on November 29, 2017, he faces at least 2 years and up to 20 years in prison. The court may also impose a fine of up to $250,000 on each count of conviction. Sentences are imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.
This case is being investigated by the Federal Bureau of Investigation (FBI) and the Plattsburgh Police Department, and is being prosecuted by Assistant U.S. Attorney Douglas Collyer.
Former Congressional Staffer Indicted on Federal Bribery Charge that Accuses Him of Extorting $5,000 from Compton Marijuana ShopRead the Press Release
LOS ANGELES – A former staffer for a member of the United States Congress was arrested today on federal extortion and bribery charges after allegedly taking $5,000 with promises of helping to prevent the closure of a Compton marijuana shop.
Michael Kimbrew, 44, of Carson, was arrested without incident this morning by special agents with the FBI.
Kimbrew was arrested pursuant to a two-count indictment that was returned by a federal grand jury on July 21 and unsealed this afternoon. Kimbrew is charged with one count of attempted extortion and one count of receiving a bribe.
At his arraignment this afternoon, Kimbrew pleaded not guilty and was ordered freed on a $15,000 bond. He was ordered to stand trial on September 26.
According to the indictment, Kimbrew approached an employee of the marijuana shop, told him the store was violating the law, and said the shop would be shut down – unless the owners reached an agreement with him.
Kimbrew subsequently met with the owners of the marijuana shop inside Compton City Hall. The indictment alleges that Kimbrew claimed to be working with the FBI, and he could “make things happen” by ensuring the store had the appropriate permits in exchange for $5,000.
According to the indictment, an undercover FBI agent posing as a business partner met with Kimbrew, who reiterated his claims he could prevent the shutdown of the shop in exchange for $5,000. In a second meeting between Kimbrew and the undercover agent, Kimbrew allegedly accepted the $5,000 bribe.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
If convicted of the two counts in the indictment, Kimbrew would face a statutory maximum sentence of 18 years in federal prison.
This case is being investigated by the Federal Bureau of Investigation.
The prosecution is being handled by Assistant United States Attorney Lindsey Greer Dotson of the Public Corruption and Civil Rights Section.
Forcefield Energy Investor Relations Professional Sentenced to 36 Months in Prison for Role in A $131 Million Market Manipulation SchemeRead the Press Release
Jared Mitchell, an investor relations professional, was sentenced earlier today to 36 months’ imprisonment, to be followed by three years of supervised release, after having pleaded guilty to securities fraud for his role in the fraudulent market manipulation of ForceField Energy Inc. (ForceField), a publicly traded company previously listed on the NASDAQ under the ticker symbol “FNRG.”
The sentencing was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office.
According to court filings and facts presented at the sentencing hearing, between 2009 and 2015, Mitchell and others engaged in a scheme to defraud investors in ForceField, a purported worldwide distributor and provider of LED lighting products and solutions, by artificially controlling the price and volume of traded shares of ForceField. Mitchell and others committed this crime by, among other means: (1) secretly using nominees to purchase and sell ForceField stock without disclosing this information to investors and potential investors; (2) orchestrating the trading of ForceField stock to create the misleading appearance of genuine trading volume and interest in the stock; and (3) concealing secret payments to stock promoters and broker dealers who promoted and sold ForceField stock to investors and potential investors while falsely claiming to be independent of the company. The fraudulent scheme caused a loss of approximately $131 million to the investing public.
Between October 2014 and April 2015, a ForceField executive paid secret commissions, or kickbacks, to Mitchell. Mitchell then paid a portion of the kickbacks to registered brokers in exchange for the registered brokers’ purchasing ForceField stock in their clients’ brokerage accounts. Mitchell kept the remaining portion of the kickbacks for himself. The registered brokers did not disclose to their clients the kickbacks they were receiving for purchasing ForceField stock. Mitchell and his co-conspirators took pains to conceal their participation in the fraudulent scheme by using prepaid, disposable cellular telephones and encrypted, content-expiring messaging applications to communicate with each other, and by paying kickbacks in cash during in-person meetings.
Today’s proceeding, which took place before United States District Court Judge Brian M. Cogan, is the fourth sentencing to take place in connection with the ForceField securities fraud. Four other defendants who pleaded guilty in this matter, and one defendant convicted after trial, remain to be sentenced.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys Mark E. Bini and Lauren H. Elbert are in charge of the prosecution.
The Defendant:
JARED MITCHELL
Age: 35
Residence: Brooklyn, New York
E.D.N.Y. Docket No. 16-CR-234 (BMC)
Five Sentenced This Week as Part of Operation Leaving Las VegasRead the Press Release
Abingdon, VIRGINIA – In late 2016, law enforcement agencies, led by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Drug Enforcement Administration, and assisted by agencies from across southwest Virginia, charged 32 individuals with conspiring to distribute methamphetamine and oxycodone.
The investigation, deemed Operation Leaving Las Vegas, accused 32 individuals of trafficking methamphetamine and oxycodone from Law Vegas into Southwest Virginia, Eastern Kentucky and elsewhere.
To date, 25 of the 32 charged have been convicted of federal drug conspiracy and money laundering charges. Nineteen of the defendants have been sentenced. The cases for the remaining defendants are working their way through the federal court system.
This week in the United States District Court for the Western District of Virginia in Abingdon, five defendants were sentenced for their roles in the conspiracy, Acting United States Attorney Rick A. Mountcastle announced.
Brandon Lee Stone, 33, was sentenced to 25 years in federal prison; Bradley Lee Chapman, 28, was sentenced to 135 months; Alex Michael Kayian, 23, was sentenced to 72 months; Kaitlynn Elizabeth Chapman was sentenced to 72 months, and Ralph Stewart Dingus, 27, was sentenced to 37 months.
Defendants previously sentenced for their roles in the conspiracy include John Dewayne Farmer, 240 months; Lola Virginia Farmer, 87 months; Shauna Nicole Chafin, 97 months; William Wesley Fleenor, 79 months; Jeffrey Nathaniel Gobble, 46 months, Preston Kyle Lawson, 46 months; Gary Ginn, 151 months; Daniel Corey Cantrell, 37 months; Tanner Morris Curd, 84 months; Amy Lorene Moser, 100 months; Steven Salyer, 87 months; Brandon Cody Trivett, 30 months; Lamar Skipper, four years’ probation; and Gary Brandon Childress, three years’ probation.
The investigation of the case was conducted by the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms, and Explosives, Internal Revenue Service Criminal Investigations, United States Marshals Service, Virginia State Police, Washington County, Virginia Sheriff’s Office, Abingdon Police Department, Marion Police Department, and Smyth County, Virginia Sheriff’s Office. Assistant United States Attorney Zachary T. Lee is prosecuting the case for the United States.
Felon Sentenced for Possessing GunRead the Press Release
BOSTON – A Boston man was sentenced today in federal court in Boston for a federal firearm offense.
Mark Eisan, 35, was sentenced by U.S. District Court Chief Judge Patti B. Saris to one year in prison and one year of supervised release. In March 2017, Eisan pleaded guilty to one count of being a felon in possession of a firearm.
On March 12, 2014, Eisan was found in possession of a .45 caliber pistol. Due to a prior gun conviction, Eisan was prohibited from owning a firearm.
Acting U.S. Attorney William D. Weinreb and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.
El Paso, Texas Man Pleads Guilty to Federal Drug Trafficking Charges in New MexicoRead the Press Release
ALBUQUERQUE – Christopher Joshua Cortes, 32, of El Paso, Texas, pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges.
Cortes was arrested on April 17, 2017, on an indictment charging him with conspiring to distribute methamphetamine from March 13, 2016 through June 6, 2016, and distributing methamphetamine on June 6, 2016. According to the indictment, Cortes committed the offenses in Dona Ana County, N.M. The indictment included forfeiture provisions requiring Cortes to forfeit $6,500, the money involved in the drug transaction, to the United States.
During today’s proceedings, Cortes pled guilty to the indictment and admitted that he voluntarily agreed with others to distribute methamphetamine in Dona Ana County from about March 13, 2016 through June 6, 2016. Cortes further admitted distributing approximately 407 grams of methamphetamine to an undercover law enforcement agent on June 6, 2016.
At sentencing, Cortes faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. Cortes remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by Homeland Security Investigations and is being prosecuted by Special Assistant U.S. Attorney Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office.
Eagle Butte Woman Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Assault Resulting in Serious Bodily Injury was sentenced on August 1, 2017, by U.S. District Judge Roberto A. Lange.
Rheta Haskell, a/k/a Rheta Miner, age 38, was sentenced to 16 months in custody, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Haskell was indicted by a federal grand jury on January 19, 2017. She pled guilty on May 15, 2017.
The conviction stems from an incident on October 8, 2016, when Haskell approached the victim near the civil courts building in Eagle Butte. Both had been drinking previously. Haskell had heard rumors that the victim had been with Haskell’s ex-husband. When Haskell saw the victim, she told the victim to stay away from her ex-husband. The victim denied knowing what Haskell was talking about. Haskell became angry and assaulted the victim. The victim was bleeding heavily from her face and lost consciousness. As a result of the assault, the victim sustained serious injuries. She had had significant swelling and trauma to her face, orbital regions and scalp. Hospital staff were unable to visualize the right pupil due to the significant swelling to the victim’s right eye. Her left pupil floated towards the inner eye and would not look straight. Five (5) staples were used to close the laceration to the left side of her head. Due to the nature of her head injury, the victim was transported to Rapid City Regional Hospital.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Haskell was immediately turned over to the custody of the U.S. Marshals Service.Eagle Butte Woman Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Lynsi Bad Warrior, a/k/a Lynsi Four Bear, age 33, was indicted on July 18, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on July 24, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 7, 2017, Bad Warrior unlawfully assaulted an adult female with shod feet, causing serious bodily injury to the victim.
The charges are merely accusations and Bad Warrior is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.Bad Warrior was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Sentenced on Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota man convicted of Distribution of a Controlled Substance and Possession of a Firearm by a Prohibited Person was sentenced on August 1, 2017, by U.S. District Judge Roberto A. Lange.
Smokey James Jandreau, age 40, was sentenced to 10 months in custody and 3 years of supervised release on each count, to run concurrently, a fine of $1,000, forfeiture of a firearm and ammunition, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $200.
Jandreau was indicted by a federal grand jury on August 16, 2016. He pled guilty on May 16, 2017.
On three occasions between July 2, 2016, and July 24, 2016, Jandreau knowingly and intentionally distributed methamphetamine, a Schedule II controlled substance, in Eagle Butte, South Dakota.
On July 26, 2016, Jandreau came into contact with law enforcement. During a search of his residence, officers found a rifle, ammunition, and drug paraphernalia near his bedroom. Jandreau admitted owning the firearm and smoking methamphetamine. Being a drug user, Jandreau was prohibited from possessing the firearm. The firearm was seized by law enforcement and forfeited.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Jandreau was immediately turned over to the custody of the U.S. Marshals Service.Eagle Butte Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Assaulting, Resisting, Opposing, and Impeding a Federal Officer was sentenced on August 1, 2017, by U.S. District Judge Roberto A. Lange.
Thomas James Shan Looking Horse, a/k/ T.J. Shan Looking Horse, age 28, was sentenced to 24 months in custody, 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of
$100.
Looking Horse was indicted by a federal grand jury on January 19, 2017. He pled guilty on May 16, 2017.
The conviction stems from an incident on December 19, 2016, when Looking Horse was taken to the Indian Health Services Hospital in Eagle Butte by his parents. He had been acting erratically and his mother was concerned that he may be under the influence of something.When they got Looking Horse to the hospital, he became aggressive and uncooperative, so law enforcement was notified. A police sergeant with the Cheyenne River Sioux Tribe responded and attempted to rationalize with Looking Horse, telling him that hospital staff just wanted to get him checked out and get him the help he needed. Looking Horse became uncooperative while at the hospital and was placed under arrest by the police sergeant.
When the sergeant went to place handcuffs on Looking Horse, he pulled both of his arms towards his chest and asked the sergeant what he was doing. When the sergeant attempted again to place the wrist restraints on Looking Horse, he attempted to get away. The sergeant had ahold of Looking Horse’s right arm when Looking Horse grabbed the handle of the sergeant’s duty weapon with his left hand, and tried to get it out of its holster. The sergeant pushed down on his duty weapon and turned away from Looking Horse who continued to try to go for the duty weapon. Several people intervened to assist the sergeant, but Looking Horse continued his irate behavior, and was still fighting to get away. Looking Horse was ultimately taken to the ground and restrained. He continued to be uncooperative and resistive.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Looking Horse was immediately turned over to the custody of the U.S. Marshals Service.Eagle Butte Man Charged with Felon in Possession of a FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm.
Nolan Leo Coleman, age 28, was indicted on June 14, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on July 28, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 14, 2016, Coleman, having previously been convicted of a crime punishable by imprisonment for a term exceeding one year, knowingly possessed a firearm which had been shipped and transported in interstate commerce and foreign commerce.
The charge is merely an accusation and Coleman is presumed innocent until and unless proven guilty.The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Coleman was released on bond pending trial which has been set for October 3, 2017.Cumberland County Man Sentenced to Five Years in Prison for Receipt of Child PornographyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Allen Hoffman, age 68, of Mechanicsburg, Pennsylvania, was sentenced on August 1, 2017, by U.S. District Court Judge William W. Caldwell to five years’ imprisonment, followed by 10 years of supervised release for receipt of images depicting the sexual exploitation of children. Judge Caldwell also ordered Hoffman to be immediately remanded into the custody of the United States Marshals Service.
According to United States Attorney Bruce D. Brandler, Hoffman received images depicting the sexual abuse of children from an international company. After obtaining a warrant, federal law enforcement officers searched Hoffman’s home in August 2016, and located over 600 images depicting the sexual exploitation of children he received between December 2010 and February 2011.
This case was investigated by the United States Postal Inspection Service and the Pennsylvania Office of the Attorney General. Assistant United States Attorney Daryl F. Bloom prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
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Couple who operated Akron restaurant sentenced to prison for harboring and hiring undocumented workers, not paying taxesRead the Press Release
Two people who operated an Akron restaurant were sentenced to prison for harboring and hiring undocumented workers, law enforcement officials said.
Zhou Qiang Zou, was sentenced to 18 months in prison, to be followed by deportation. Xin Hsu was sentenced to nine months incarceration followed by nine months of house arrest. They are married and live in Akron. Both are 35 years old.
They were among the operators of the Royal Buffet and Grill restaurant in the Chapel Hill area of Akron. Hsu, Zou and others conspired to harbor and harbored at least 10 undocumented workers for the purpose of commercial advantage and private financial gain. The conspiracy included employing the undocumented workers at the Royal Buffet and Grill, where they worked for below minimum wage or only for tips, according to court documents.
Hsu, Zou and others also failed to report and pay taxes on cash receipts for nearly a decade, resulting in a tax loss of at least $1.5 million.
The defendants also housed the undocumented workers at one of their residences on Annapolis Avenue in Akron and transported them to and from the Royal Buffet and Grill as part of the conspiracy. Hsu, Zou and others housed as many as 14 undocumented workers at one time inside a single-family house, according to court documents.
“These defendants violated immigration and tax laws, taking advantage of their workers and the taxpayers,” said Acting U.S. Attorney David A. Sierleja.
“Employers have a legal responsibility to hire and maintain an authorized workforce. Those who circumvent our immigration system will be held accountable,” said Steve Francis, Acting Special Agent in Charge of HSI’s Detroit office.
“Individuals who corruptly violate the law to further their business interests and intentionally evade paying their fair share of taxes undermine public confidence in our tax system and unfairly disadvantage businesses that play by the rules,” said Ryan L. Korner, Special Agent in Charge, IRS Criminal Investigation, Cincinnati Field Office. “As these defendants have discovered, operating outside the law and failing to pay taxes have severe consequences."
The case is being prosecuted by Assistant U.S. Attorneys Teresa Riley and Robert J. Patton following an investigation by the U.S. Department of Homeland Security Investigations and the Internal Revenue Service – Criminal Investigations.
Clarion Man Sentenced to 20 Years in Federal Prison for Receipt of Child PornographyRead the Press Release
A man who received child pornography was sentenced yesterday to 20 years in federal prison.
Jonathan Sebert, age 25, from Clarion, Iowa, received the sentence after a February 9, 2017 guilty plea to one count of receipt of child pornography. At the plea hearing, Sebert admitted that, between 2012 and 2015, he knowingly received child pornography.
Sebert was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Sebert was sentenced to 240 months’ imprisonment. A special assessment of $100 was imposed, and Sebert must also serve a 20-year term of supervised release. He must comply with all sex offender registration and public notification requirements.
This case was prosecuted by Assistant United States Attorney Mark Tremmel and was investigated by the Wright County Sheriff’s Office and the Mason City Police Department.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is CR 16-3054.
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Charleston felon pleads guilty to second federal gun crimeRead the Press Release
CHARLESTON, W.Va. - A Charleston man pleaded guilty today to a federal gun charge, announced United States Attorney Carol Casto. Markus Davis, 39, entered his guilty plea to a single-count indictment charging him with illegally possessing a firearm after being convicted of a felony.
Davis was pulled over on Virginia Street in Charleston on February 22, 2017. During the traffic stop, officers with the Charleston Police Department found a stolen, loaded Taurus handgun in his pants. Davis was prohibited from possessing any firearm under federal law because of previous felony convictions. Additionally, this is the second federal gun conviction for Davis. He was convicted for being a felon in possession of a firearm in 2011 in the United States District Court for the Southern District of West Virginia. He was also convicted of first degree robbery in 2004 in Kanawha County Circuit Court.
Davis faces up to 10 years in federal prison when he is sentenced on November 1, 2017.
The investigation 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 the prosecution. The plea hearing was held before United States District Judge Thomas E. Johnston.
This case was 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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Career Criminal Sentenced to over 15 Years in Prison for Bank Robbery with A KnifeRead the Press Release
RENO, Nev. – A career criminal was sentenced on Tuesday to 188 months in prison for robbing a bank with a knife, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Tommy Ray McAdoo, 77, of Reno, pleaded guilty on April 17, 2017, to one count of bank robbery with the use of a dangerous weapon. United States District Judge Robert C. Jones presided over the sentencing hearing.
According to the indictment and court related documents, on Nov. 9, 2016, McAdoo entered a Nevada State Bank and showed a bank teller a demand note for money while holding a steak knife in his hand. The bank teller gave McAdoo four “bait bills” and an electronic tracker. He stole approximately $2,731. During a neighborhood canvas immediately following the robbery, law enforcement found discarded clothing and items that matched the video surveillance taken during the robbery. One of the items found was the demand note that was written on a casino sports betting sheet. Law enforcement identified McAdoo as a suspect and found him at a nearby casino. During an interview with law enforcement, McAdoo admitted to robbing the bank.
McAdoo has previously been convicted of multiple bank robberies. In 1981, he was convicted of two counts of armed bank robbery in Bakersfield, Calif., and an additional two counts of bank robbery in Las Vegas. He was then convicted of bank robbery again in 1990 in Seattle.
The case was investigated by the FBI and Reno Police Department. The case was prosecuted by Assistant U.S. Attorney Megan Rachow.
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Candia Man Convicted of Heroin Trafficking ChargeRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that a jury found Mark Gagnon, 54, of Candia, New Hampshire guilty of possessing heroin with the intent to distribute.
Testimony elicited at trial showed that during an ongoing wiretap investigation, investigators learned that on July 10, 2016, Gagnon and another person traveled from Manchester, New Hampshire to Lawrence, Massachusetts to pick up 50 fingers (approximately 500 grams) of heroin from a drug trafficking organization led by Alberto Guerrero Marte. Gagnon and his confederate met with Marte at a restaurant in Lawrence at approximately 10:00 p.m. on July 10, 2016. Gagnon retrieved a shopping bag containing three cans of tomato sauce from Marte’s vehicle. Gagnon placed the cans in his own vehicle and drove to New Hampshire. During a traffic stop of Gagnon’s vehicle, a drug detection dog alerted that the vehicle contained drugs. A search warrant was executed on the vehicle on July 11, 2016. Law enforcement officers opened the three cans of tomato sauce and found 51 fingers of heroin, weighing a little over 500 grams.
Gagnon will be sentenced on November 17, 2017. He faces a maximum of 20 years in prison and a fine of up to $1 million.
“We are dedicated to working with all of our law enforcement partners to stop the flow of heroin and other dangerous drugs into the Granite State,” said Acting U.S. Attorney Farley. “While those who suffer from addiction need to have access to treatment, those who seek to profit from the distribution of heroin will be held accountable for their actions. I commend the hard work of the law enforcement officers in this case. Their industriousness led to the seizure of a very significant amount of heroin before it could be sold on the streets of New Hampshire.”
"Opioid abuse is at epidemic levels in New Hampshire," said DEA Special Agent in Charge Michael J. Ferguson. "Heroin and fentanyl are causing overdose deaths across the Granite State in record numbers, and DEA is committed to aggressively pursue anyone who distributes these poisons in order to profit and destroy people's lives. 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."
This investigation was the product of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. This investigation was led by the Drug Enforcement Administration and also involved the following law enforcement agencies: Homeland Security Investigations; the Massachusetts State Police; the Haverhill Police Department; the United States Marshals Service; the New Hampshire State Police; the Manchester Police Department; the Lawrence Police Department; the Lowell Police Department, the Methuen Police Department, and the Hillsborough County Drug Task Force. The case was prosecuted by Assistant U.S. Attorney Donald Feith.
Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Luis Diaz, 51, of Buffalo, NY, pleaded guilty to obtaining controlled substances through fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of four years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between September 2014 and April 2015, co-defendant Brandon Coburn, a licensed nurse practitioner who was legally authorized to prescribe controlled substances, provided prescriptions that were not issued for legitimate medical purposes to Diaz and nine others. Diaz and the others filled the prescriptions, and then sold the drugs, which included fentanyl, oxycodone, oxymorphone, and amphetamine, on the street in the Buffalo area. Vazquez filled a total of 13 prescriptions.
To date, eight defendants charged in this investigation have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division.
Sentencing is scheduled for November 20, 2017, at 12:30 p.m. before Judge Arcara.
Brazilian Woman Admits Illegal Re-entry into the United StatesRead the Press Release
ALBANY, NEW YORK – Carla Cristina De Paula, 39, of Brazil, pled guilty today to illegal re-entry into the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Steven Bronson, United States Customs and Border Protection Port Director for the Champlain Port of Entry.
Paula, an alien citizen of both Brazil and Italy, was removed from the United States to Brazil on July 28, 2008, following a 2008 New Jersey felony conviction. On June 25, 2017, De Paula was arrested as she attempted to enter the United States from Canada as a passenger on a commercial bus, at the Champlain Port of Entry. De Paula admitted that she attempted to re-enter the United States without permission following the 2008 removal.
As a result of her conviction, De Paula faces up to 10 years in prison and a fine of up to $250,000 when she is sentenced by Senior U.S. District Judge Norman A. Mordue on November 1, 2017. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
The case was investigated by United States Customs and Border Protection, Champlain, NY, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Boston Man Pleads Guilty to Federal Firearms OffensesRead the Press Release
BOSTON – A Boston man pleaded guilty today in federal court in Boston to federal firearms offenses.
Jeffrey Joseph, 32, pleaded guilty to one count of dealing in firearms without a license, one count of being a felon in possession of firearms and ammunition, and one count of being a prohibited person in possession of firearms and ammunition. U.S. District Court Judge Leo T. Sorokin scheduled sentencing for Oct. 23, 2017.
After an investigation into drug and firearms trafficking in the Bunker Hill Housing Authority in Charlestown, Joseph and three others, Samuel Jean, 22, of Everett; Deon Young, 32, of Hyde Park; and Troy Armstrong, 28, of Boston, were arrested on Dec. 1, 2016. According to court documents, during the investigation, a cooperating witness made controlled buys of guns and drugs at the direction of law enforcement. During the controlled purchases, which were recorded on video, Jean and Joseph sold seven firearms to the cooperating witness over a one-month period, including at least one stolen firearm. It is alleged that Young and Armstrong sold the cooperating witness two firearms around the same period, including one firearm with an obliterated serial number.
Jean pleaded guilty and was sentenced to two years in prison on March 2, 2017. Armstrong pleaded guilty in May 2017 and is scheduled to be sentenced on Sept. 6, 2017. Young pleaded not guilty and is awaiting trial.
The charge of dealing in firearms without a federal license provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charges of being a felon in possession of a firearm and an otherwise prohibited person in possession of a firearm provide for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney William D. Weinreb; Suffolk County District Attorney Daniel F. Conley; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; and Boston Police Commissioner William Evans made the announcement today. Assistant U.S. Attorney Lori Holik, Chief of Weinreb’s Major Crimes Unit, is prosecuting the cases.
The details contained in the charging documents are allegations. The remaining defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Attorney General Sessions Announces Opioid Fraud and Abuse Detection UnitRead the Press Release
Attorney General Jeff Sessions today announced the formation of the Opioid Fraud and Abuse Detection Unit, a new Department of Justice pilot program to utilize data to help combat the devastating opioid crisis that is ravaging families and communities across America.
Speaking at the Columbus Police Academy today, Attorney General Sessions said that the new Opioid Fraud and Abuse Detection Unit will focus specifically on opioid-related health care fraud using data to identify and prosecute individuals that are contributing to this prescription opioid epidemic.
Additionally, as part of the program, the Department will fund twelve experienced Assistant United States Attorneys for a three year term to focus solely on investigating and prosecuting health care fraud related to prescription opioids, including pill mill schemes and pharmacies that unlawfully divert or dispense prescription opioids for illegitimate purposes.
The following districts have been selected to participate in the program:
- Middle District of Florida,
- Eastern District of Michigan,
- Northern District of Alabama,
- Eastern District of Tennessee,
- District of Nevada,
- Eastern District of Kentucky,
- District of Maryland,
- Western District of Pennsylvania,
- Southern District of Ohio,
- Eastern District of California,
- Middle District of North Carolina, and
- Southern District of West Virginia.
In his speech, the Attorney General discussed the new program:
“First, I am announcing a new data analytics program – the Opioid Fraud and Abuse Detection Unit. I have created this unit to focus specifically on opioid-related health care fraud using data to identify and prosecute individuals that are contributing to this opioid epidemic. This sort of data analytics team can tell us important information about prescription opioids—like which physicians are writing opioid prescriptions at a rate that far exceeds their peers; how many of a doctor's patients died within 60 days of an opioid prescription; the average age of the patients receiving these prescriptions; pharmacies that are dispensing disproportionately large amounts of opioids; and regional hot spots for opioid issues.
“With this data in hand, I am also assigning 12 experienced prosecutors to focus solely on investigating and prosecuting opioid-related health care fraud cases in a dozen locations around the country where we know enforcement will make a difference in turning the tide on this epidemic. These prosecutors, working with FBI, DEA, HHS, as well as our state and local partners, will help us target and prosecute these doctors, pharmacies, and medical providers who are furthering this epidemic to line their pockets. These prosecutors will be based in several states across the country, including Kentucky, West Virginia, Tennessee, and right here in Southern Ohio.
“With these new resources, we will be better positioned to identify, prosecute, and convict some of the individuals contributing to these tens of thousands of deaths a year. The Department is determined to attack this opioid epidemic, and I believe these resources will make a difference.”
Full remarks as prepared for delivery are provided below:
Thank you Benjamin (Glassman) for that introduction, and more importantly, thank you for your 12 years of hard work at the Department to keep this community safe. And, of course, thank you to your Attorney General Mike Dewine. I know they care about these issues deeply. And Senator Portman, who couldn’t be with us today, but I know firsthand he has been a passionate and steadfast leader in the Senate about tackling the opioid problem for years.
I wanted to be here with you all today because Ohio is at the center of this drug crisis that is gripping our entire nation. This crisis affects all of us, but it is especially taking its toll on this community.
On average, one person in Columbus dies of a drug overdose every day.
And that pace is only accelerating. According to a survey of Ohio’s coroners, more than 4,000 Ohioans died of a drug overdose last year. And in Columbus, the coroner has already seen a 66 percent jump this year from the same time last year.
These aren’t just numbers. These are moms and dads. These are sisters, brothers, and grandchildren. These are neighbors and co-workers. These are friends. These are Americans.
Just last week, a two-year-old girl in Dayton was hospitalized for a suspected opioid overdose—two years old.
In 2015, more than 52,000 Americans lost their lives to drug overdoses. And the numbers we have for 2016 show another increase—a big increase. Based on preliminary data, nearly 60,000 Americans lost their lives to drug overdoses last year. That will be the highest drug death toll and the fastest increase in that death toll in American history. This is not a sustainable trend nor an acceptable America.
This crisis is being driven primarily by opioids—prescription drugs, heroin, and synthetic drugs like fentanyl.
According to the New England Journal of Medicine, we’re seeing more availability, higher purity, and lower price. They’re lacing heroin and cocaine with fentanyl—a drug 30 to 50 times more powerful than heroin. As a result, the drugs on the street are now more powerful, more addictive, and more dangerous than ever. And they’re not just dangerous for users: even being accidently exposed to just a few grains of fentanyl can kill a police officer or paramedic.
Sadly, this was almost the case just a couple months ago in East Liverpool, Ohio when Officer Chris Green brushed off a few grains of white powder from his shirt an hour after a traffic stop and fell to the floor. Luckily, he was in his squad room and they got to him immediately. As his police chief said, “if he would have been alone, he would have been dead.” Or imagine if he’d gone straight home that day to give his kids a hug? These are terrifying thoughts for our law enforcement.
To confront a crisis on this scale, we must take a comprehensive approach to the problem. There are three components: prevention, enforcement, and treatment.
Treatment is important. In some cases, treatment can help break the cycle of addiction and crime and help people get their lives back together.
But treatment alone is not enough. Treatment often comes too late. By the time many people receive treatment, they, their families, and communities have already suffered so much. The struggle to overcome addiction can be a long process – and it can fail. And not only can it fail, it very often fails.
In recent years, some of the government officials in this country have sent mixed messages about the harmfulness of drugs. We must not capitulate intellectually or morally to drug use. We must create a culture that is hostile to drug abuse. We know this can work. It has worked in the past for drugs, but also for cigarettes and seatbelts. A campaign was mounted, it took time, and it was effective. We need to send such a clear message now.
The Department of Justice has been working diligently to improve our prevention efforts. We are doing that through raising awareness, through drug take-back programs, and through DEA’s 360 Strategy program – Dayton was recently announced as a 2017 pilot city.
Prevention is what we at the Department do every day—because enforcement is prevention. Enforcing our laws helps keep drugs out of our country, decrease their availability, drive up their price, and reduce their purity and addictiveness.
DEA tells us that 80 percent of heroin addiction starts with prescription drug addiction. We must stop the abuse of prescription drugs.
Earlier this month, the Department announced the largest health care fraud takedown in American history. DOJ coordinated the efforts of more than 1,000 state and federal law enforcement agents to arrest more than 400 defendants. More than 50 of these defendants were doctors and have been charged with opioid-related crimes, which means this was also the largest opioid-related fraud takedown in American history.
And, just a week after we made that announcement, we announced the seizure and take down of AlphaBay— the largest dark net marketplace takedown in history. This site hosted some 220,000 drug sale listings and was responsible for countless synthetic opioid overdoses, including the tragic death of a 13 year old in Utah.
These efforts build on the good work that U.S. Attorney Glassman and the Department have accomplished here. In late January, a doctor from New Albany, Ohio pled guilty to maintaining a clinic as a front for drug trafficking. He forfeited more than $29 million in seized assets from illegal drug trafficking.
A few months later, in April, a doctor from Portsmouth, Ohio, pled guilty to conspiring to distribute a controlled substance through a pain clinic. For six years, the clinic saw more than 20 patients a day, who each paid at least $200 in cash. At one point the defendant even opened her own dispensary at the clinic, so she could fill her own prescriptions for desperate patients.
These cases are beginning to roll in from all over the country.
On behalf of the Department, I want to say thank you to U.S. Attorney Glassman and everyone who worked on these cases. You have made this Department proud—and more importantly, you have made the people of Ohio safer.
And we can and must do more. Which is why today, we are announcing a new effort to target our federal resources against this epidemic. If you are a doctor illegally prescribing opioids for profit or a pharmacist letting these pills walk out the door and onto our streets based on prescriptions you know were obtained under false pretenses, we are coming after you. We will reverse these devastating trends with every tool we have.
First, I am announcing a new data analytics program – the Opioid Fraud and Abuse Detection Unit. I have created this unit to focus specifically on opioid-related health care fraud using data to identify and prosecute individuals that are contributing to this opioid epidemic. This sort of data analytics team can tell us important information about prescription opioids—like which physicians are writing opioid prescriptions at a rate that far exceeds their peers; how many of a doctor's patients died within 60 days of an opioid prescription; the average age of the patients receiving these prescriptions; pharmacies that are dispensing disproportionately large amounts of opioids; and regional hot spots for opioid issues.
With this data in hand, I am also assigning 12 experienced prosecutors to focus solely on investigating and prosecuting opioid-related health care fraud cases in a dozen locations around the country where we know enforcement will make a difference in turning the tide on this epidemic. These prosecutors, working with FBI, DEA, HHS, as well as our state and local partners, will help us target and prosecute these doctors, pharmacies, and medical providers who are furthering this epidemic to line their pockets. These prosecutors will be based in several states across the country, including Kentucky, West Virginia, Tennessee, and right here in Southern Ohio.
With these new resources, we will be better positioned to identify, prosecute, and convict some of the individuals contributing to these tens of thousands of deaths a year. The Department is determined to attack this opioid epidemic, and I believe these resources will make a difference.
And I issue a plea to all physicians, dentists, pharmacists: slow down. First do no harm.
These efforts will make all of us safer—and not just from the threat of drug addiction. They also help us reduce violence in our communities.
Drug trafficking is an inherently violent business. If you want to collect a drug debt, you can’t file a lawsuit in court. You collect it by the barrel of a gun.
By putting traffickers behind bars and reducing the supply of dangerous drugs, we will prevent much of the violence that is associated with drug dealing.
We also have to recognize that most of the heroin, cocaine, methamphetamine, and fentanyl in this country got here across our Southern border. Under President Trump’s strong leadership, the federal government is finally getting serious about securing our borders. Illegal entries are down 50 percent already and the wall has not even gone up.
We have also seen steep decreases in drug prices on the street. But the price we have paid as a country has only gone up. If you ask the economists, they’ll tell you that prescription opioid addiction costs our economy some $78 billion a year and other illicit drugs cost us another $193 billion a year. Remember, many of these drugs are paid for by private insurance, Medicaid, Medicare, and the VA. But what is even more devastating is the price we have paid in broken relationships, broken lives, and death rates the likes of which we have never seen before.
In the face of the worst drug crisis in our history, we need to use every lawful tool we have. But I’m convinced this is a winnable war. We will be calling on America’s great physicians and health care workers to take special care with addictive drugs. And in order to win, we are committing more Department of Justice resources to combat this epidemic, as well as continue to work to strengthen our partnerships with you—law enforcement on the front lines.
Let me ask you to do a simple thing: after every arrest for illegal possession of an illegal prescription, make every effort to get the arrestee to tell you where he or she got the drugs. We did that in Mobile and it led us to the two biggest sources in town. We need to hammer these illegal suppliers. You are ultimately the most effective resources that we as a country have in this effort. You have a tough job, but it’s a job worth doing.
But you can also know this: you have our thanks and this Department of Justice will always have your back. Thank you.
Atlanta Pain Clinic and its owner agree to pay $250,000 to resolve allegations that they violated the False Claims ActRead the Press Release
ATLANTA – Atlanta Medical Clinic (“AMC”), which is an Atlanta-based pain management clinic, and Dr. Timothy Dembowski (AMC’s owner), have agreed to pay the United States $250,000 to resolve allegations that they violated Medicare rules and the False Claims Act (“FCA”) by billing the Government for: (1) services performed by a physician suspended from the Medicare program, and (2) the administration of foreign, non-FDA approved drugs, which are not eligible for reimbursement under the Medicare program.
“To maximize their profits, AMC and Dr. Dembowski violated Medicare program rules, and then exacerbated their misconduct by submitting false claims to the Government,” said U.S. Attorney John Horn. “Pursuing this investigation and securing this settlement highlights our continued diligence in combating waste, fraud and abuse with respect to federal health care programs.”
“This monetary resolution to allegations that violate the False Claims Act hopefully sends a message to health care providers that we are determined to root out any attempt to take advantage of our federal health care programs,” said David LeValley, Special Agent in Charge of the FBI’s Atlanta Field Office. “Healthcare providers like Dr. Dembowski and AMC need to think twice before they so willfully, and illegally try to maximize their profits.”
“When physicians and health care companies provide patients with drugs not approved by the FDA and bill for services provided by those suspended from the Medicare program, they violate the basic trust that is extended to healthcare professionals,” said Special Agent in Charge Derrick L. Jackson of the HHS-OIG’s Atlanta Region. “Our agents continue to work with the Department of Justice to root out such fraud schemes, which undermine the public’s confidence in, and the financial well-being of, federal health care programs.”
A joint investigation conducted by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Department of Health and Human Services - Office of the Inspector General, and the Federal Bureau of Investigation revealed evidence suggesting that AMC and Dr. Dembowski violated the FCA through two separate schemes involving the submission of fraudulent Medicare claims to the Government.
First, AMC and Dr. Dembowski claimed and received payment for medical services rendered by a physician that worked at AMC (“Physician 1”). However, these claims were fraudulent as Physician 1 previously was suspended from the Medicare program in June 2013 for making false statements and omissions regarding his criminal history. Due to his suspension, no services rendered by Physician 1 were eligible for Medicare reimbursement. Both AMC and Dr. Dembowski were aware of Physician 1’s suspension, and that he was thus ineligible to provide services to Medicare patients.
Nevertheless, AMC and Dr. Dembowski circumvented Physician 1’s Medicare suspension and received Medicare reimbursements for Physician 1’s services, by falsely and fraudulently describing – in claims submitted to the Government – services that had been performed by Physician 1 as services performed by a different AMC physician (“Physician 2”) that was authorized to participate in the Medicare program.
Second, AMC and Dr. Dembowski violated the FCA by: (1) obtaining a foreign, non-FDA approved knee treatment drug – i.e, Orthovisc– from a firm in Canada; (2) utilizing such drug on Medicare patients; and then (3) seeking and receiving reimbursement from Medicare.
However, Medicare does not cover the costs of foreign, non-FDA approved drugs, and AMC and Dr. Dembowski never informed Medicare that the invoices involved the administration of foreign, non-FDA approved drugs.
The claims asserted against AMC and Dr. Dembowski are allegations only, and there has been no determination of liability.
This matter was handled by Assistant U.S. Attorney Paris A. Wynn.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the home page for the U.S. Attorney’s Office for the Northern District of Georgia Atlanta Division is http://www.justice.gov/usao-ndga.
Arizona Man Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that an Arizona man convicted of Conspiracy to Distribute a Controlled Substance, Methamphetamine, was sentenced on July 17, 2017, by U.S. District Judge Roberto A. Lange.
Monte Dinehdeal, a/k/a Monte Dineh Deal, age 41, was sentenced to 120 months in custody, 5 years of supervised release, a fine of $1,000, the forfeiture of a firearm and ammunition, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Dinehdeal was indicted by a federal grand jury on August 16, 2016. He pled guilty on April 25, 2017.
Between January 1, 2013 and September 17, 2015, Dinehdeal knowingly and intentionally conspired with others to distribute methamphetamine in South Dakota. Dinehdeal received distributable quantities of methamphetamine and distributed some of that methamphetamine in South Dakota. The individuals who provided Dinehdeal with the methamphetamine knew that he intended to engage in further distribution. Dinehdeal admitted that it was reasonably foreseeable to him that more than 500 grams of methamphetamine would be distributed during the course of the conspiracy.
During the execution of a search warrant on September 17, 2015, law enforcement seized a firearm and ammunition from Dinehdeal’s pickup truck. The firearm and ammunition were subsequently forfeited.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services, the Federal Bureau of Investionation, and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Dinehdeal was immediately turned over to the custody of the U.S. Marshals Service.Albuquerque Man Sentenced to Ten Years for Federal Narcotics Trafficking and Firearms ConvictionRead the Press Release
ALBUQUERQUE – Adam Martinez, 42, of Albuquerque, N.M., was sentenced today in federal court in Santa Fe, N.M., to 120 months in prison followed by five years of supervised release for his conviction on federal narcotics trafficking and firearms charges.
The DEA arrested Martinez on Aug. 24, 2016, on a criminal complaint charging him with possession of heroin, methamphetamine and cocaine with intent to distribute, using and carrying firearms in relation to drug trafficking crimes, and being a felon in possession of firearms and ammunition. According to the complaint, Martinez was arrested after the DEA executed a search warrant at his Albuquerque residence and seized distribution quantities of heroin, methamphetamine, cocaine, other controlled substances, and two firearms. At the time, Martinez was prohibited from possessing firearms or ammunition because he previously had been convicted of a drug trafficking offense.
On Sept. 13, 2016, Martinez was charged in an eight-count indictment with distributing methamphetamine on Aug. 5, 2016, and possessing distribution quantities of heroin, methamphetamine, cocaine, and other controlled substances on Aug. 24, 2016. The indictment also charged Martinez with possessing firearms in furtherance of his drug trafficking activities and being a felon in possession of firearms on Aug. 24, 2016. According to the indictment, Martinez committed the crimes in Bernalillo County.
On Feb. 16, 2017, Martinez pled guilty to five counts of the indictment, and admitted distributing methamphetamine on Aug. 5, 2016, and possessing heroin, methamphetamine and cocaine with intent to distribute on Aug. 24, 2016. He also admitted possessing firearms in furtherance of his drug trafficking crimes on Aug. 24, 2016.
In entering the guilty plea, Martinez admitted distributing drugs in Albuquerque from Jan. 2016 to Aug. 2016, and that his drug trafficking activities included selling approximately 27.8 grams of cocaine to a person working with law enforcement on Jan. 12, 2016. He also admitted selling drugs to an undercover officer on the following dates: approximately 27.4 grams of cocaine on Jan. 27, 2016; approximately 56.7 grams of methamphetamine on Feb. 5, 2016; and approximately 56.7 grams of methamphetamine on Aug. 5, 2016.
Martinez further admitted that on Aug. 24, 2016, law enforcement officers executed a search warrant on his residence and seized approximately 318 grams of heroin, 149.7 grams of 100% pure methamphetamine, 128 grams of cocaine, 250 tablets (27.59 grams) containing fentanyl, and 43 grams of marijuana. The officers also seized two firearms which were in close proximity to the drugs, and Martinez admitted possessing the firearms for purposes of protecting himself, his drugs, and his drug proceeds.
This case was investigated by the Albuquerque office of the DEA and was prosecuted by Assistant U.S. Attorney Timothy S. Vasquez 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.
Akron men indicted for passing counterfeit cashRead the Press Release
Three Akron men were indicted for trying to pass counterfeit currency at the Summit Mall, said Acting U.S. Attorney David A. Sierleja.
Narlon Portis, Jr., 22, Rubin Smith, 21, and Christopher Cutlip, 21, were charged in the four-count indictment with making, possessing, uttering and dealing in counterfeit obligations or securities.
Portis, Smith and Cutlip passed and attempted to pass counterfeit U.S. currency at Summit Mall in Fairlawn on June 14, 2017. Mall security contacted the Fairlawn Police Department after one of the businesses reported the trio passed counterfeit $10 bills. Fairlawn Police located the suspects outside of the mall, found a large number of counterfeit bills and were arrested, according to court documents.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation was conducted by the U.S. Secret Service and the Fairlawn Police Department. The case is being prosecuted by Assistant U.S. Attorney Teresa L. Riley.
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.
Tuesday 1 August 2017
Worcester Grocery Store Agrees to Permanent Injunction from Violations of Food Safety LawsRead the Press Release
BOSTON – A Worcester grocery store and its owners – who were warned on five occasions by federal inspectors about food safety violations – have entered into a consent decree with the government that enjoins them from violating food safety laws.
Binh An Market LLC, a Worcester grocery store, and its owners, Hiep N. Ho and Dominic V. Ngo, have entered into a consent decree that permanently enjoins them from violating the Federal Meat Inspection Act, the Poultry Products Inspection Act and the Egg Products Inspection Act. The government alleged that the defendants purchased and sold meat, poultry and egg products that were not inspected by the Food Safety and Inspection Service of the United States Department of Agriculture (USDA), and that they failed to maintain appropriate business records concerning their purchases of these products. The proposed consent decree has been filed with the court and is awaiting judicial approval.
“Selling uninspected meat, poultry and eggs risks significant harm to consumers,” said Acting United States Attorney William D. Weinreb. “This resolution is designed to prevent this business from further jeopardizing the well-being of its customers.”
“The Food Safety and Inspection Service is dedicated to protecting the public health by ensuring that meat, poultry, and processed egg products are safe, wholesome and accurately labeled,” said Paul Kiecker, Acting Administrator for Food Safety and Inspection Service of the U.S. Department of Agriculture.
The United States Attorney’s Office filed its complaint after a series of USDA inspections of Binh An Market showed that the defendants were selling uninspected meat, poultry, and egg products and did not maintain records reflecting their purchases of the products. Since February 2013, the USDA has issued five Notices of Warning to the defendants for violations of the USDA food inspection laws. Under the consent decree, USDA investigators will have broad access to Binh An Market’s premises to inspect inventory and records, and defendants will face significant monetary penalties for any further violations.
Acting U.S. Attorney Weinreb and Acting Administrator Kiecker made the announcement today. The case was handled by Assistant U.S. Attorney Steven Sharobem of Weinreb’s Civil Division.
Woman Sentenced for Trafficking MethamphetamineRead the Press Release
McALLEN, Texas – A United States citizen who had been residing in Mexico has been ordered to prison for importing methamphetamine into the country from Mexico, announced Acting U.S. Attorney Abe Martinez. Dina Maria Palacios, 37, pleaded guilty April 4, 2017.
Today, U.S. District Judge Micaela Alvarez took into consideration Palacios’ conduct as well as the fact that she had her 16-year-old daughter with her during the crime. She was ordered to serve 87 months in federal prison to be immediately followed by three years supervised release. In handing down the sentence, Judge Alvarez noted that methamphetamine is one of the worst drugs that destroys people and the high purity level involved in this case made it even more toxic.
At the time of her guilty plea, Palacios admitted that on Jan. 6, 2017, she had driven a vehicle from Mexico into the United States through the Pharr port of entry, knowing the vehicle contained a controlled substance. Upon inspection, Customs and Border Protection (CBP) officers discovered methamphetamine hidden within the rear cargo area of the vehicle. Agents seized 23 packages weighing approximately 25 kilograms of methamphetamine.
Palacios has been in custody without bond since her arrest where she will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations and CBP conducted the investigation. Assistant U.S. Attorney Linda Requénez prosecuted the case.
Williamson County Man Indicted on Charges Related to Unlawful Dealing of FirearmsRead the Press Release
On July 12, 2017, Austin K. Sims was indicted for three charges relating to the unlawful sale of firearms, United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today. After a detention hearing held on July 26, 2017, the federal district court in Benton ordered that Sims be held without bond pending trial.
Count One charges that from on or about April 24, 2014, until on or about August 1, 2016, in Williamson County, Sims engaged in the business of dealing firearms without a license. Count Two charges that on or about April 29, 2016, in Williamson County, Sims was an unlawful user of a controlled substance and knowingly possessed a firearm in and affecting interstate or foreign commerce. Count Three charges that on August 4, 2016, in Williamson County, Sims willfully and knowingly made materially false, fictitious, and fraudulent statements during an investigation conducted within the jurisdiction of the executive branch of the United States government.
The offense of engaging in the business of dealing firearms without a license carries up to a maximum of five years of imprisonment, to be followed by up to three years of supervised release, a fine up to $250,000, and a $100 special assessment. The offense of possession of a firearm by a prohibited person carries up to a maximum of ten years of imprisonment, to be followed by up to three years of supervised release, a fine up to $250,000, and a $100 special assessment. The offense of making a false statement to an agency of the United States carries up to a maximum of five years of imprisonment, to be followed by up to three years of supervised release, a fine up to $250,000, and a $100 special assessment.
An indictment is a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proven guilty beyond a reasonable doubt to the satisfaction of a jury.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the Marion (Illinois) Police Department. The case is being prosecuted by Assistant United States Attorney William E. Coonan.
West Bath Man Pleads Guilty to Distributing Heroin and FentanylRead the Press Release
Portland, Maine: Acting United States Attorney Richard W. Murphy announced that Mickey Gilley, 34 of West Bath, Maine, pleaded guilty today in U.S. District Court to distributing heroin and fentanyl.
According to court records, on September 20, 2016, Gilley obtained heroin mixed with fentanyl from a Portland supplier. Later that day, Gilley distributed some of the mixture to a person in West Bath who consumed it and died as a result.
Gilley faces up to 20 years in prison, a $1,000,000 fine and up to life on supervised release.
This case results from an investigation conducted by the Maine Drug Enforcement Agency, the Sagadahoc and Lincoln County Sheriff’s Offices, the Maine State Police and the Maine Attorney General’s Office.
U.S. Files New Complaint Alleging City of L.A. Received Millions of Dollars by Making False Promises to Provide Housing to Persons with DisabilitiesRead the Press Release
LOS ANGELES – The United States late yesterday filed a complaint in intervention against the City of Los Angeles and the CRA/LA (formerly the Community Redevelopment Agency of the City of Los Angeles) alleging that together they fraudulently obtained millions of dollars in housing grants from the U.S. Department of Housing and Urban Development (HUD) by falsely certifying that the money was being spent in compliance with federal accessibility laws.
The complaint in intervention – which replaces a complaint previously filed on behalf of the United States by a “whistleblower” – alleges the city and CRA/LA received federal money by falsely promising to create accessible housing for people with disabilities. Instead of creating accessible housing, they used the money to create inaccessible housing that deprived people with disabilities an equal opportunity to find housing of their choice.
The city repeatedly certified its compliance with federal accessibility laws to obtain the federal funds without taking the required steps to ensure it complied, according to the complaint, which further alleges that many of the HUD-assisted apartment buildings failed to meet minimal accessibility requirements. The city allegedly approved the design and construction of inaccessible buildings, with, among other things:
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slopes and ramps that are too steep for safe passage by persons with mobility disabilities;
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door thresholds that are too tall for wheelchairs to roll over;
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steps that prohibit access to common areas;
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kitchen cabinets, shelves and surfaces that are outside of the accessible reach ranges of persons who use wheelchairs;
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sinks, grab bars, mailboxes and circuit breakers mounted beyond the reach of wheelchair users;
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pipes below sinks and lavatories that are not insulated, thereby posing a physical threat of burns to people who use wheelchairs; and
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insufficient numbers of accessible parking spaces in garages and lots.
“Despite the federal government investing hundreds of millions of dollars in Los Angeles to create housing for everyone, the City of Los Angeles instead created housing only for some,” said Acting United States Attorney Sandra R. Brown. “For 17 years, the city falsely certified that it had complied with federal law and covered up its repeated disregard of historic and important civil rights laws.”
“The complaint filed yesterday underscores the Department’s commitment to ensure that people with disabilities are provided equal access to federally-funded public housing, as required by law,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.
The city and the CRA/LA allegedly violated Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and the Fair Housing Act, as well as failed to fulfill their duty to affirmatively further fair housing. Congress passed these accessibility laws to ensure people with disabilities have an opportunity to live in an integrated society, achieve independent living, and have the same opportunities for economic and social self-sufficiency as other citizens.
By law, the city and the CRA/LA are required to comply with the federal accessibility laws. They could not – neither directly, nor through contractual or other arrangements – deny people with disabilities the opportunity to benefit from housing services or subject them to discrimination based on disability.
The accessibility laws require recipients of federal funds to operate their housing programs in a manner that is accessible to people with disabilities. Among other things, they must have a system in place to ensure compliance with the laws. They are required to develop non-discriminatory policies and practices, hire a coordinator knowledgeable about accessibility, and implement a grievance procedure that allows for just resolution of complaints. They also must maintain a publicly available list of accessible units and their accessibility features so that people who require those features are able to find housing.
The federal accessibility laws also require that recipients of federal monies have a method in place to avoid giving accessible units needed by people with disabilities to people who do not need accessibility features. The laws also require that recipients of federal monies monitor apartment buildings to ensure they are designed, constructed and altered in compliance with the law so that, among other things, 5 percent of all units in certain multifamily housing will be accessible to people with mobility impairments, and an additional 2 percent will be accessible to people with visual and auditory impairments.
The United States’ lawsuit alleges that the city and CRA/LA failed to meet these legal obligations.
The lawsuit, United States ex rel. Ling, et al. v. City of Los Angeles, et al., CV11-974-PG, was originally filed in United States District Court by whistleblowers Mei Ling, a resident of Los Angeles who uses a wheelchair, and the Fair Housing Council of San Fernando Valley, a nonprofit civil rights advocacy group. The United States elected to intervene in the lawsuit and take over the litigation, which prompted the unsealing of the whistleblowers’ complaint in June. The case is pending before United States District Judge Philip S. Gutierrez.
The lawsuit was filed under the qui tam – or whistleblower – provisions of the False Claims Act, which permit private parties to sue on behalf of the United States when they believe that a party has submitted false claims for government funds, and to receive a share of any recovery.
This matter was investigated by Assistant United States Attorney Lisa A. Palombo of the Civil Fraud Section, the Commercial Litigation Branch of the Justice Department’s Civil Division, and the HUD Office of Inspector General.
The claims asserted against the City of Los Angeles and the CRA/LA are allegations only; there has been no determination of liability.
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U.S. Files New Complaint Against City of L.A. and a Former Redevelopment Agency to Recover Millions of Federal Grant Dollars Allegedly Obtained by Making False Promises to Provide Housing to Persons with DisabilitiesRead the Press Release
The United States late yesterday filed a complaint in intervention against the City of Los Angeles and the CRA/LA (formerly the Community Redevelopment Agency of the City of Los Angeles) alleging that together they fraudulently obtained millions of dollars in housing grants from the U.S. Department of Housing and Urban Development (HUD) by falsely certifying that the money was being spent in compliance with federal accessibility laws.
The complaint in intervention – which replaces a complaint previously filed on behalf of the United States by a “whistleblower” – alleges the city and CRA/LA received federal money by falsely promising to create accessible housing for people with disabilities. Instead of creating accessible housing, they used the money to create inaccessible housing that deprived people with disabilities an equal opportunity to find housing of their choice.
The city repeatedly certified its compliance with federal accessibility laws to obtain the federal funds without taking the required steps to ensure it complied, according to the complaint, which further alleges that many of the HUD-assisted apartment buildings failed to meet minimal accessibility requirements. The city allegedly approved the design and construction of inaccessible buildings, with, among other things:
- slopes and ramps that are too steep for safe passage by persons with mobility disabilities;
- door thresholds that are too tall for wheelchairs to roll over;
- steps that prohibit access to common areas;
- kitchen cabinets, shelves and surfaces that are outside of the accessible reach ranges of persons who use wheelchairs;
- sinks, grab bars, mailboxes and circuit breakers mounted beyond the reach of wheelchair users;
- pipes below sinks and lavatories that are not insulated, thereby posing a physical threat of burns to people who use wheelchairs; and
- insufficient numbers of accessible parking spaces in garages and lots.
“The complaint filed yesterday underscores the Department’s commitment to ensure that people with disabilities are provided equal access to federally-funded public housing, as required by law,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.
“Despite the federal government investing hundreds of millions of dollars in Los Angeles to create housing for everyone, the City of Los Angeles instead created housing only for some,” said Acting U.S. Attorney Sandra R. Brown for the Central District of California. “For 17 years, the city falsely certified that it had complied with federal law and covered up its repeated disregard of historic and important civil rights laws.”
The city and the CRA/LA allegedly violated Section 504 of the Rehabilitation Act, the Americans with Disabilities Act and the Fair Housing Act, as well as failed to fulfill their duty to affirmatively further fair housing. Congress passed these accessibility laws to ensure people with disabilities have an opportunity to live in an integrated society, achieve independent living, and have the same opportunities for economic and social self-sufficiency as other citizens.
By law, the city and the CRA/LA are required to comply with the federal accessibility laws. They could not – neither directly, nor through contractual or other arrangements – deny people with disabilities the opportunity to benefit from housing services or subject them to discrimination based on disability.
The accessibility laws require recipients of federal funds to operate their housing programs in a manner that is accessible to people with disabilities. Among other things, they must have a system in place to ensure compliance with the laws. They are required to develop non-discriminatory policies and practices, hire a coordinator knowledgeable about accessibility, and implement a grievance procedure that allows for just resolution of complaints. They also must maintain a publicly available list of accessible units and their accessibility features so that people who require those features are able to find housing.
The federal accessibility laws also require that recipients of federal monies have a method in place to avoid giving accessible units needed by people with disabilities to people who do not need accessibility features. The laws also require that recipients of federal monies monitor apartment buildings to ensure they are designed, constructed and altered in compliance with the law so that, among other things, five percent of all units in certain multifamily housing will be accessible to people with mobility impairments, and an additional two percent will be accessible to people with visual and auditory impairments.
The United States’ lawsuit alleges that the city and CRA/LA failed to meet these legal obligations.
The lawsuit, United States ex rel. Ling, et al. v. City of Los Angeles, et al., CV11-974-PG, was originally filed in U.S. District Court by whistleblowers Mei Ling, a resident of Los Angeles who uses a wheelchair, and the Fair Housing Council of San Fernando Valley, a nonprofit civil rights advocacy group. The United States elected to intervene in the lawsuit and take over the litigation, which prompted the unsealing of the whistleblowers’ complaint in June. The case is pending before U.S. District Judge Philip S. Gutierrez.
The lawsuit was filed under the qui tam – or whistleblower – provisions of the False Claims Act, which permit private parties to sue on behalf of the United States when they believe that a party has submitted false claims for government funds, and to receive a share of any recovery.
This matter was investigated by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Central District of California and the HUD Office of Inspector General.
The claims asserted against the City of Los Angeles and the CRA/LA are allegations only; there has been no determination of liability.
U.S. Attorney’s Office spreads anti-bullying message at National Night OutRead the Press Release
WHEELING, WEST VIRGINIA – The United States Attorney’s Office will join law enforcement and community leaders on Tuesday, August 1, in Bridgeport, Clarksburg, Martinsburg, and Wheeling as part of the annual National Night Out crime and drug prevention event, according to Acting U.S. Attorney Betsy Steinfeld Jividen.
National Night Out is meant to strengthen relationships between the community and law enforcement, heighten crime and drug prevention awareness, and help make our neighborhoods safer.
“Building positive community relationships is a top law enforcement priority. It’s vitally important that our office, and others across our district, participate in events such as this one to help spread awareness and keep our communities great places to live and work,” said Jividen.
The United States Attorney’s Office will be present at four National Night Out events, to include the events at the Bridgeport City Pool in Bridgeport, the VA Park in Clarksburg, the War Memorial Park in Martinsburg, and Wheeling Park in Wheeling. Each of these events will begin at 6 p.m.
National Night Out organizers are expecting over 16,000 communities and 38 million people to take part in community events on Tuesday across the country.
U.S. Attorney’s Office spreads anti-bullying message at National Night OutRead the Press Release
WHEELING, WEST VIRGINIA – The United States Attorney’s Office will join law enforcement and community leaders on Tuesday, August 1, in Bridgeport, Clarksburg, Martinsburg, and Wheeling as part of the annual National Night Out crime and drug prevention event, according to Acting U.S. Attorney Betsy Steinfeld Jividen.
National Night Out is meant to strengthen relationships between the community and law enforcement, heighten crime and drug prevention awareness, and help make our neighborhoods safer.
“Building positive community relationships is a top law enforcement priority. It’s vitally important that our office, and others across our district, participate in events such as this one to help spread awareness and keep our communities great places to live and work,” said Jividen.
The United States Attorney’s Office will be present at four National Night Out events, to include the events at the Bridgeport City Pool in Bridgeport, the VA Park in Clarksburg, the War Memorial Park in Martinsburg, and Wheeling Park in Wheeling. Each of these events will begin at 6 p.m.
National Night Out organizers are expecting over 16,000 communities and 38 million people to take part in community events on Tuesday across the country.
Two Wilkes-Barre Men Charged with Stealing Union FundsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Michael Evans, age 56, and William Uggiano, age 60, both of Wilkes-Barre, Pennsylvania, were charged on July 28, 2017, in a criminal information for conspiring to steal funds from a local union.
According to United States Attorney Bruce D. Brandler, the information alleges that Evans and Uggiano conspired to steal more than $50,000 in union funds from the American Federation of Government Employees Local 1699. From 2013 through 2014, Evans and Uggiano, both union officers, withdrew money from Local 1699’s credit union account for their own personal benefit.
The United States also filed plea agreements, which are subject to the approval of the Court, wherein it is indicated that Evans and Uggiano intend to plead guilty to the charges when they appear in federal court.
The charges stem from an investigation by the United States Department of Labor. Assistant United States Attorney Evan Gotlob is prosecuting the case.
Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 30 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Kansas Men Plead Guilty in Master Key Mail Theft SchemeRead the Press Release
WICHITA, KAN. – Two Kansas men pleaded guilty Monday to taking part in a scheme to steal mail from Wichita mailboxes using a counterfeit mailbox master key, U.S. Attorney Tom Beall said.
Shalan D. Hiatt, 38, Wichita, Kan., pleaded guilty to one count of mail theft and one count of possession of a counterfeit mailbox master key. Jason A. Farner, 33, Leavenworth, Kan., pleaded guilty to two counts of mail theft.
In their pleas, they admitted they were members of a group of people in Wichita who stole mail containing checks and forms of identification by using stolen and counterfeited mailbox keys. They obtained checks and forged checks that they passed, or attempted to pass, at Wichita banks.
Hiatt admitted to using a counterfeit mailbox key to steal money orders from a mailbox at Pawnee and Elizabeth streets. The victim mailed money orders to pay for rent and other bills.
Farner admitted obtaining money orders mailed at a collection box at 2510 S. Elizabeth. He wrote his name over the payee’s name in order to cash the money orders.
Sentencing for both defendants is set for Oct. 19. Hiatt faces a maximum penalty of five years in federal prison and a fine up to $250,000 on the mail theft count and up to 10 years and a fine up to $250,000 on the other count. Farner faces up to five years and a fine up to $250,000 on both counts.
Beall commended the U.S. Postal Inspection Service, the Wichita Police Department, the Sedgwick County Sheriff’s Office and Assistant U.S. for their work on the case.
Two Kansans Sentenced for Operating Multimillion-Dollar Designer Drug BusinessRead the Press Release
KANSAS CITY, KAN. - Two Kansans were sentenced Thursday for operating a synthetic drug business that generated $16 million in sales in less than two years, U.S. Attorney Tom Beall said.
Tracy Picanso, 61, Olathe, Kan., and Roy Ehrett, 59, Olathe, Kan., were sentenced to 54 months in federal prison. Picanso and Ehrett each pleaded guilty to one count of conspiracy, one count of producing and selling misbranded drugs, one count of producing and selling counterfeit drugs and one count of conspiracy to launder money.
An indictment returned in 2014 alleged Picanso and Ehrett owned an Olathe-based business producing and selling dangerous controlled substances and controlled substance analogues of THC (the active ingredient in marijuana) and methcathinones (stimulants).
They sold products under exotic names including Pump It, Head Trip, Black Arts, Grave Digger, Voodoo Doll and Lights Out. Some of the drugs were manufactured in buckets with drill-powered immersion mixers and tried out on “testers” who helped tweak the recipes by reporting on the drugs’ effects.
The operation stretched from Kansas to Missouri, California, Texas, Georgia and Colorado, involving more than 15 companies with more than 40 financial accounts at more than 10 financial institutions. Businesses owned and operated by the defendants included Retailing Specialists, Innovative Products 4U, The Outer Edge, Lakeridge Holdings, Monster Warehouse, Monster Distribution, Monster, 3P Distribution and Life Source.
“Without FDA oversight, unapproved and counterfeit drugs that are produced and marketed outside the Federal system present the prospect of serious harm to the public’s health,” said Special Agent in Charge Spencer E. Morrison, FDA Office of Criminal Investigations, Kansas City Field Office. “FDA-OCI appreciates the coordinated efforts of DEA and other law enforcement agencies to bring to justice all those who evade federal drug laws.”
Beall commended the Drug Enforcement Administration, the Food and Drug Administration – Office of Criminal Investigations, the Department of Homeland Security, Homeland Security Investigations, Customs and Border Protection, the FBI, the Overland Park Police Department, the Johnson County Sheriff’s Office, the Olathe Police Department, the St. Joseph Police Department and the Buchanan County Drug Strike Force, Assistant U.S. Attorney Tanya Treadway, and Michael Varrone, associate chief counsel at the Food and Drug Administration for their work on the case.
Tuscarawas County man indicted for child pornography crimesRead the Press Release
Elmer S. McMasters, 28, of Uhrichsville, was charged with receiving, distributing and possessing visual depictions of minors engaged in sexually explicit conduct, said David A. Sierleja, Acting U.S. Attorney for the Northern District of Ohio.
McMasters knowingly received and distributed numerous computer files which contained visual depictions of real minors engaged in sexually explicit conduct. This took place between October 2016 through March 2017. On April 18, 2017, McMasters possessed a cellular phone which contained child pornography, 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 violation. 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 U.S. Attorney Michael A. Sullivan following an investigation by the Federal Bureau of Investigation and the Canton Police Department.
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.
Topeka Man Pleads Guilty to $445,000 Tax Refund SchemeRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Topeka, Kan., man pleaded guilty in federal court today to a conspiracy that attempted to obtain nearly $445,000 in fraudulent federal income tax refunds.
Orville Frame, Jr., 24, of Topeka, pleaded guilty before U.S. District Judge Gary A. Fenner to participating in a conspiracy to defraud the government.
By pleading guilty today, Frame admitted that he participated in a conspiracy, from March 2013 to April 2014, to obtain federal income tax refunds by filing false and fraudulent claims to the IRS. The tax refund scheme involved the creation of false W-2 forms, which reported fictitious employer information, fictitious income and fictitious income tax withholdings. Frame and co-defendant Byron Meeks, 37, of Topeka, used the false W-2 forms to fraudulently file for federal and state income tax returns, including Frame’s own federal and state income tax returns for tax years 2012 and 2013 (claiming refunds of a $371,947 and $34,440, respectively).
The tax refund scheme resulted in an attempted criminal federal tax loss of approximately $444,930. The actual loss from the tax refund scheme was $10,945, which was the only federal refund paid out by the IRS. The state of Kansas also paid out a $3,389 state tax refund.
Meeks pleaded guilty to his role in the conspiracy and was sentenced on April 12, 2017, to five years in federal prison without parole. According to court documents, Meeks threatened his girlfriend and her daughter (in whose names fraudulent returns were filed) and instructed them not to cooperate with the investigation. Meeks also instructed Frame to destroy the computer that Meeks used to create and file the fraudulent tax returns.
Meeks had earlier pleaded guilty in a separate case on Dec. 14, 2010, to filing false tax returns and was sentenced to 24 months’ imprisonment. He was released from prison on April 17, 2012, and less than a year later, resumed the exact same conduct. He participated in filing two fraudulent tax returns in March 2013.
Under federal statutes, Frame is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by IRS-Criminal Investigation.
Topeka Man Pleads Guilty to Filing False Tax ReturnsRead the Press Release
TOPEKA, KAN. - A Topeka tax preparer pleaded guilty Tuesday to filing false tax returns, U.S. Attorney Tom Beall said.
Maurice L. Stewart, 39, Topeka, Kan., pleaded guilty to 13 counts of filing false tax returns causing a tax loss of $93,402.
Stewart filed returns in clients’ names, falsely claiming the returns were self-prepared. He fraudulently reported that clients had suffered business losses. He filed returns electronically using the IP address of a Topeka business where he formerly was employed as an online IT technical services coordinator. He prepared returns using an online program where he had opened an account using another person’s name.
Sentencing is set for Oct. 30. The parties have agreed to recommend a sentence of two years in federal prison and full restitution. Beall commended the Internal Revenue Service-Criminal Investigation and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Tom Begaye, Jr., Pleads Guilty to Murder, Aggravated Sexual Abuse and Kidnapping Charges Arising Out of Abduction and Murder of 11-Year-Old Navajo Child on May 2, 2016Read the Press Release
ALBUQUERQUE – Tom Begaye, Jr., 28, entered a guilty plea this afternoon to a six-count indictment charging him with murder, aggravated sexual abuse and kidnapping offenses arising out of the abduction and murder of an 11-year-old Navajo child on May 2, 2016. Begaye entered the guilty plea under a plea agreement that requires the imposition of a mandatory term of life imprisonment without the possibility of release.
“The Navajo Nation mourned when we learned of the vicious murder of Ashlynne Mike. The Nation has carried this pain ever since. Today, as we learn that her murderer has pleaded guilty to the six charges against him, we have taken one-step forward in healing. We know the pain will be lifelong for Ashlynne’s parents and immediate family,” said President Russell Begaye. “The Navajo Nation is taking every step necessary to strengthen our laws and emergency response communication system. We are furthering the implementation of an Amber Alert System to protect our children from horrendous crimes such as this one. This tragedy reminds us, as Navajo people, that we must adhere to our traditional teachings of K’é and Hozho in respecting each other. We ask our people to continue to love their children, take care of them, and watch them closely. The Navajo Nation will continue to move forward in protecting our children so that no other life is taken in such a tragic manner.”
“Today’s guilty plea, which holds Tom Begaye, Jr., fully accountable for kidnapping, sexually abusing and murdering Ashlynne Mike, and for the trauma he inflicted on her brother, is the result of the strong evidence developed by our law enforcement partners who worked tirelessly on this case to secure justice for the victims,” said Acting U.S. Attorney James D. Tierney. “Although the guilty plea cannot return Ashlynne to her family or relieve their profound sorrow, we hope that the mandatory sentence of life imprisonment that awaits Begaye will bring a measure of solace to the family and some comfort to a community that was shocked to its core by these brutal crimes. Little in life is more emotionally taxing than losing a child to violence, and we commend Ashlynne’s parents for channeling their grief into advocacy to improve the Amber Alert System on the Navajo Nation and other tribal communities in the hope that other families can be spared the heartbreak they have endured.”
“The death of any innocent crime victim is tragic, but when it’s a child, the impact on law enforcement is doubly hard. We hope today’s plea brings justice and some measure of comfort to Ashlynne Mike’s family, friends and the community that came together to express its sorrow after her death,” said Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division. “The FBI thanks the U.S. Attorney's Office and our other partners who worked so hard on this case.”
“This case was very unfortunate, as it startled every community within and outside the Navajo Nation. We remain very emotional and devastated over the loss of a little Navajo child from the Shiprock community. It was especially hard for officers of the Navajo Nation Division of Public Safety and other public safety agencies from the surrounding areas who responded and worked this case us. To the citizens of Shiprock who responded and assisted us with the search, I thank each and every one of you,” said Director Jesse Delmar of the Navajo Nation Division of Public Safety. “The law enforcement response in this case was exceptional. I praise and thank the core investigators from our Division, the FBI and the U.S. Attorney’s office for their excellence and hard work in bringing justice to the victims and their family.”
The FBI and Navajo Nation Division of Public Safety arrested Begaye, an enrolled member of the Navajo Nation from Waterflow, N.M., on May 4, 2016, on a criminal complaint charging Begaye with kidnapping, sexually abusing and murdering an 11-year-old Navajo child on May 2, 2016, on the Navajo Indian Reservation in San Juan County, N.M. On May 24, 2016, a federal grand jury returned an indictment charging Begaye with six offenses: first-degree murder, felony murder, kidnapping resulting in death, aggravated sexual abuse resulting in death (two counts), and kidnapping of a minor. According to the indictment, Begaye killed a female child under the age of 12 years by striking her with a tire iron, and caused her death while kidnapping and sexually assaulting her. The indictment also charged Begaye with kidnapping a second victim, a male child under the age of 18 years.
During today’s change of plea hearing, Begaye pled guilty to all six-counts of the indictment. According to the plea agreement, Begaye kidnapped the 11-year-old victim and her nine-year-old brother on May 2, 2016, by tricking the children into getting into his van by offering to drive them to their home. Instead, Begaye drove them to a location near the Shiprock Monument where he led the victim away from the van to an area beyond her brother’s field of view. Begaye sexually assaulted the victim before killing her by strangling her and repeatedly hitting her on the head and face with a tire iron. Begaye then returned to his van, directed the victim’s brother to get out of the van, and drove away, leaving the child behind.
Begaye has been in federal custody since his arrest and remains detained pending his sentencing hearing, which has yet to be scheduled.
The FBI and Navajo Nation Division of Public Safety investigated the case with assistance from the FBI Child Abduction Rapid Deployment Team, U.S. Marshals Service, New Mexico State Police, San Juan County Sheriff’s Office and the Farmington Police Department. Assistant U.S. Attorneys Niki Tapia-Brito and Jennifer M. Rozzoni are prosecuting the case.
The case is being prosecuted under a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.