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7 September 2017
Rochester Man Pleads Guilty to Illegal Firearms PossessionRead 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 Darien Bordeaux, 33, of Rochester, NY, pleaded guilty to being a felon in possession of a firearm and ammunition before U.S. District Judge Elizabeth A. Wolford. The charges carry a maximum prison sentence of 10 years, a fine of $250,000, or both.
Assistant U.S. Attorney Charles E. Moynihan, who is handling the case, stated that on October 22, 2016, Rochester Police Department officers were on patrol in the area of Curlew Street when they stopped a Dodge Grand Caravan because the registration had expired. The defendant was riding in the front passenger seat. The driver and co-defendant, Kalib Gladney, gave a false name when asked by officers. Bordeaux and Gladney were asked to get out of the van and officers searched it. Inside a jacket found on the floor, between the front passenger and driver seats, officers discovered a loaded Arminius Futche-Industre revolver with a defaced serial number. The defendant’s identification card was also found with the revolver. Bordeaux was previously convicted in 2004 of Robbery in the First Degree and is legally prohibited from possessing a firearm and ammunition.
The plea is the result of an investigation by the Rochester Police Department, under the direction of Chief Michael Ciminelli and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Sentencing is scheduled for December 4, 2017, at 1:30 p.m. before Judge Wolford.
Rochester Man Pleads Guilty to Gun Charge in the Furtherance of Drug 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 David Triplett a/k/a Stuffy, 34, of Rochester, NY, pleaded guilty before U.S. District Judge Elizabeth A. Wolford to possession of a firearm in furtherance of a drug trafficking crime. The charge carries a mandatory minimum penalty of five years in prison, a maximum of life, a fine of $250,000 or both.
Assistant U.S. Attorney Robert Marangola, who is handling the case, stated that Triplett was arrested following the execution of a search warrant at his residence at 3 Athens Street in Rochester. During the search, law enforcement officers found over 380 envelopes containing heroin, 150 bags of cocaine, fentanyl, seven cell phones, and a .32 caliber revolver, as well as drug distribution paraphernalia, including digital scales, baggies, and chemicals for mixing drugs.
The plea is the result of an investigation by the Rochester Police Department under the direction of Chief Michael Ciminelli and the Bureau of Alcohol, Tobacco, Firearms, and Explosives under the direction of Special Agent in Charge Ashan Benedict, New York Field Division.
Sentencing is scheduled for December 4, 2017, at 3:30 p.m. before the Judge Wolford.
Revere Man Indicted on Child Pornography ChargeRead the Press Release
BOSTON – A Revere man was indicted today in federal court in Boston on child pornography charges.
Ian Silver-Eck, 21, was indicted on one count of possession of child pornography. In August 2017, Silver-Eck was charged in a criminal complaint and arrested. He has been detained in federal custody since that time.
According to court documents, following an investigation into the online trade of child pornography through Kik Messenger, a text messaging app, law enforcement officers executed a federal search warrant at Silver-Eck’s home in Revere, where they found evidence of child pornography on his cell phone. Silver-Eck is currently on probation following a conviction for a similar offense in state court.
The charge of possession of child pornography provides for a sentence of no greater than 20 years in prison, a minimum of five years and up to lifetime supervised release, and a fine of $250,000. Due to his prior conviction, Silver-Eck faces a mandatory minimum sentence of 10 years in prison. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. The case was investigated by the FBI Boston Division’s Human Trafficking-Child Exploitation Task Force with valuable assistance provided by the Boston, Arlington, Newton, and Revere Police Departments. Assistant U.S. Attorney Anne Paruti, Weinreb’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Revere Man Charged with Failing to Register as a Sex OffenderRead the Press Release
BOSTON – A Revere man was indicted today by a federal grand jury in Boston for failing to register as a sex offender.
Steven Veno, 55, was indicted on one count of failing to register as a sex offender. Veno is required to register as a Level 2 sex offender in Massachusetts based on Massachusetts state court convictions for rape of a child in 1993. Pursuant to the federal Sex Offender Registration and Notification Act, he is also required to register in any jurisdiction where he lives or works. Law enforcement officers recently became aware that over the past several years Veno has been periodically living and working in Florida, but has never registered in Florida. Veno is presently in custody.
Failing to register as a sex offender provides for a sentence of no greater than 10 years in prison, a minimum of five years and up to lifetime 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 United States Attorney William D. Weinreb and John Gibbons, United States Marshal for the District of Massachusetts, made the announcement today. Assistant U.S. Attorney Anne Paruti, Weinreb’s Project Safe Childhood Coordinator and a member of the Major Crimes Unit, is prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Realtor Pleads Guilty to Violating Lead-Based Paint Disclosure RulesRead 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 Maureen S. Walck, 72 of Lockport, NY, pleaded guilty to failure to provide lead paint hazard warning notice, before U.S. Magistrate Judge Jeremiah J. McCarthy. The charge carries a maximum sentence of one year in prison and a fine of $100,000.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that the defendant, a real estate broker with RealtyUSA, executed a contract on January 15, 2014, with the owner of a residence in Lockport, which gave the defendant the exclusive right to sell the residence. The residence was built in approximately 1900, and the owner was aware that lead-based paint hazards were present. The owner informed Walck of the hazards and showed a copy of the lead-based paint inspection reports to the defendant.
On January 25, 2014, a prospective buyer made an offer to purchase the residence. As part of the sales contract, a lead-based paint rider and disclosure form was included. Walck indicated that records pertaining to lead-based paint and/or lead-based paint hazards at the residence were provided to the prospective buyer. After an inspection of the residence, and after reviewing the lead-based paint records, the prospective buyer cancelled the sales contract.
On February 6, 2014, a second prospective buyer made an offer to purchase the residence. As part of the sales contract, another lead-based paint rider was included. However, unlike the rider with the first prospective buyers, Walck indicated that the seller had no knowledge of lead-based paint and/or lead-based paint hazards at the residence and that there were no records pertaining to lead-based paint and/or lead-based paint hazards for the residence. The second prospective buyers purchased the residence and closed on the residence on April 11, 2014. In September 2015, the new owners learned that their child was diagnosed with lead poisoning.
The plea is the result of an investigation on the part of Special Agents of the U.S. Environmental Protection Agency, Criminal Investigation Division, under the direction of Special Agent-In-Charge Tyler Amon, and Special Agents of the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigations Division, under the direction of Special Agent-in-Charge Donna L. Neves.
Sentencing is scheduled for December 11, 2017, at 10 a.m. before Magistrate Judge McCarthy.Rantoul Man Charged with Distribution of Child Pornography,Possession of Prepubescent Child PornographyRead the Press Release
URBANA, Ill. – A Rantoul, Ill., man, Robert A. Decker, 56, of the 400 Block of S. Steffler Street, is scheduled to appear in federal court in Urbana on Sept. 8, 2017, for arraignment on charges of distribution of child pornography and possession of prepubescent child pornography.
The grand jury returned the two-count indictment on Sept. 5, 2017. The indictment alleges that Decker distributed images of child pornography using a facility of interstate or foreign commerce on or about June 6, 2017. The indictment also alleges that on July 17, 2017, Decker possessed computer processing units, hard drives, mobile devices and other digital storage materials, which contain images and videos of child pornography involving a prepubescent minor or a minor who had not attained twelve years of age.
If convicted, the statutory maximum penalty for each count of distribution and possession of prepubescent child pornography is 20 years in prison, and a fine of up to $250,000.
Decker was arrested on Aug. 11, 2017, in the Eastern District of Arkansas after being charged in a criminal complaint in the Central District of Illinois. During a court appearance on Aug. 14, 2017, before U.S. Magistrate Judge Joe J. Volpe, in Little Rock, Ark., Decker was ordered detained in the custody of the U.S. Marshals Service.
The case is being prosecuted by Assistant U.S. Attorney Elly M. Peirson. The charges are the result of an investigation by the Champaign County Sheriff’s Office; the Urbana Police Department; and U.S. Immigration and Customs Enforcement Homeland Security Investigations.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
The case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys= Offices and the Criminal Division=s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Ohio Man Charged with Transporting Minor to Engage in Criminal Sexual Activity, Sexual Exploitation of a MinorRead the Press Release
ROCK ISLAND, Ill. – An October trial date has been scheduled for an Ohio man charged with transporting a minor across state lines in December 2016, to engage in criminal sexual activity. Andrew Stone, 32, of Rocky River, Ohio, is also charged with sexual exploitation of a minor.
Stone appeared in federal court in Rock Island today for arraignment. A trial date of Oct. 30, 2017, was scheduled, and Stone was remanded to the custody of the U.S. Marshals Service pending a detention hearing scheduled on Sept. 18, 2017.
Stone was arrested in Ohio on July 28, 2017, and charged in a federal criminal complaint filed under seal on July 26, in the Central District of Illinois. Stone made his initial appearance in the Northern District of Ohio on July 31, before U.S. Magistrate Judge David A. Ruiz. Stone was ordered to remain detained in the custody of the U.S. Marshals Service pending his transportation to central Illinois.
The grand jury returned its indictment of Stone on Aug. 22. The indictment alleges that Stone transported a minor across state lines on or about Dec. 20, 2016, with the intent to engage in sexual activity that is criminalized by state law. In addition, Stone allegedly produced visual depictions of sexually explicit conduct involving a minor, and transported those visual depictions across state lines.
The affidavit filed in support of the criminal complaint alleges that Stone traveled from Ohio to Illinois in December 2016, to meet a minor female he met using an online application known as “Whisper.” Stone allegedly met and drove the girl from her home in Illinois to a hotel in Le Claire, Iowa, where he engaged in sexual acts with the minor and recorded some of the acts on his cell phone.
The case is being prosecuted by Assistant U.S. Attorney Meredith DeCarlo. The charges are the result of an investigation by the U.S. Secret Service, Illinois State Police, the Moline Police Department, and the Ohio Internet Crimes Against Children Task Force.
This is an ongoing investigation by the U.S. Secret Service; anyone with information about the defendant, Andrew Stone, is encouraged to call 217-726-8453.
If convicted, the statutory minimum penalty for transportation of a minor to engage in criminal sexual activity is ten years and up to life in prison. For sexual exploitation of a minor, the minimum prison term is 15 years to 30 years in prison.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
New York Man Charged with Providing Material Support to ISISRead the Press Release
A grand jury returned a superseding indictment today charging Adam Raishani, aka, “Saddam Mohamed Raishani,” 30, of the Bronx, N.Y., with conspiring to provide, providing and attempting to provide, and aiding and abetting the provision and attempted provision of material support to the Islamic State of Iraq and al-Sham (ISIS), a designated foreign terrorist organization, by allegedly facilitating another ISIS supporter’s travel to join ISIS overseas. Raishani had already been charged, in an Indictment filed on June 29, with attempting to provide material support to ISIS, by allegedly attempting to travel abroad to join ISIS himself.
Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Joon H. Kim for the Southern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Field Office and Commissioner James P. O’Neill of the NYPD made the announcement. The case is assigned to U.S. District Judge Gregory H. Woods.
Raishani was arrested on June 21, at John F. Kennedy International Airport (JFK) in Queens, N.Y., as he allegedly attempted to travel overseas to join ISIS. The Superseding Indictment adds charges against Raishani for allegedly facilitating another individual’s travel to join ISIS abroad in the fall of 2015.
“According to the charges, Raishani conspired to provide material support to ISIS and helped another individual travel to join the designated terrorist organization before attempting to do the same,” said Acting Assistant Attorney General Boente. “The National Security Division’s highest priority is countering terrorist threats, and we will continue to work to stem the flow of foreign fighters abroad and bring to justice those who conspire to provide material support to designated foreign terrorist organizations. I would like to thank all of the agents, analysts and prosecutors who are responsible for this case.”
“As alleged, Adam Raishani provided material support to ISIS by helping a co-conspirator travel abroad to fight for that terrorist organization,” said Acting U.S. Attorney Kim. “A year later, Raishani himself attempted to travel overseas to join ISIS. Fortunately through the outstanding work of law enforcement, Raishani’s travel plans were detected and thwarted before he was able to inflict any further harm.”
“As we allege, Raishani not only provided support to another individual located in the US who was determined to join ISIS overseas, but arranged for his departure, and expressed disappointment for not being able to travel with that individual at that time,” said Assistant Director in Charge Sweeney, Jr. “Along with our partners on the Joint Terrorism Task Force, we'll continue to identify those who support terrorist organizations and their agenda in any way, as we’ve done here today”
“Over the past several weeks, there have been a number of defendants charged with helping others travel to Syria or prepare to engage in their own Jihad,” said Commissioner O’Neill. “This is the latest – troubling – example. My thanks for the detectives and agents whose investigation on the original Joint Terrorism Task Force here in Manhattan led to today’s arrests.”
As alleged in the Superseding Indictment filed today and the criminal Complaint initially filed against Raishani:
Beginning in at least the fall of 2015, Raishani conspired with another ISIS supporter (CC-1) to provide material support to ISIS by means of CC-1 traveling abroad to join and fight for ISIS. On or about Oct. 30, 2015, CC-1 departed from JFK Airport for Istanbul, Turkey. Raishani arranged for the transportation of CC-1 from the Bronx, New York, to JFK Airport, and Raishani accompanied CC-1 from the Bronx to JFK Airport.
Raishani continued communicating with CC-1 following CC-1’s departure. For example, on or about Jan. 2, 2016, Raishani sent an email to CC-1 stating: “Glad tidings brother. Its [sic] been some time since your voyage. I pray to Allah The ALL MIGHTY to grant you success. Until next time." On or about April 1, 2016, Raishani sent another email to CC-1 stating: “I hope Allah has bestowed you what you were seeking. . . . May Allah grant you sincere and clean intentions and make you among the righteous in Janatal Firdaus [a reference to Islamic paradise]. . . . Please return this email and respond to what we agreed upon before your departure. Until next time.” On or about May 3, 2016, CC-1 responded to Raishani, informing Raishani that CC-1 was “fine and well,” that CC-1 “wished you [Raishani] were here with me,” and that “here we are living with izza [honor].”
Also in May 2016, CC-1 posted content on a particular social media application (“Application-1”) indicating that CC-1 was living in the Islamic State and fighting on its behalf. For example, CC-1 sent messages to another user of Application-1 stating: “I’m living in the Islamic state safely and secure by the permission of Allah,” “[h]ere we are fighting the kuffars [non-believers],” and “I left the land of kuffars now I’m living in the khilafah [the caliphate].” CC-1 also posted a photograph on Application-1 that shows CC-1 carrying an assault rifle and a flag representative of ISIS.
Between January and June of 2017, Raishani engaged in a series of meetings with an individual who was, unbeknownst to Raishani, a confidential source working at the direction of law enforcement (the CS). In the course of those meetings, Raishani admitted to the CS that, some time ago, he had helped another person to travel overseas to join the Islamic State. Raishani told the CS, among other things, that he took that person to JFK Airport and gave him money on the day of his departure for the Islamic State. Raishani expressed regret to the CS at not having traveled himself to join ISIS at that time, and Raishani revealed that, as of April 2017, he was actively planning to travel abroad to join and serve ISIS. Raishani indicated that he aspired to join ISIS in Syria and that he aimed to travel before the end of Ramadan, an Islamic holy month that ran from approximately May 26 through June 24 of this year. In June 2017, Raishani made preparations to leave, including by paying off debts and purchasing clothing that he intended to wear for training with ISIS overseas. On June 21, Raishani attempted to board a flight bound for Turkey (via Portugal) at JFK Airport, where he was arrested by the FBI.
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Raishani is charged with allegedly conspiring to provide, providing and attempting to provide, and aiding and abetting the provision and attempted provision of material support to a designated foreign terrorist organization, each count carries a maximum sentence of 20 years in prison. The charges contained in the Superseding Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors.
Mr. Boente and Mr. Kim praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD, and the NYPD’s Intelligence Division. Mr. Kim also thanked the Counterterrorism Section of the Department of Justice’s National Security Division, as well as the New York Office of U.S. Customs and Border Protection.
Assistant U.S. Attorneys George D. Turner, Sidhardha Kamaraju and Jane Kim of the Southern District of New York, and Trial Attorney Kevin C. Nunnally of the Counterterrorism Section of the National Security Division are prosecuting the case.
New Orleans woman pleads guilty to possessing 282 counterfeit credit/debit cardsRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a New Orleans woman pleaded guilty Wednesday to possessing 282 counterfeited credit/debit cards.
Brittany Sanders, 34, of New Orleans, La., pleaded guilty before U.S. Magistrate Judge Patrick Hanna to one count of possession of 15 or more counterfeit or unauthorized access devices. The plea will become final when accepted by U.S. District Judge S. Maurice Hicks Jr. According to the guilty plea, a Louisiana State Police trooper pulled over a rental car January 9, 2015 on Interstate 10 in St. Martin Parish that Sanders and codefendant Bruce Daliet, 33, also of New Orleans, were traveling in. The trooper searched the vehicle and found a pink suitcase that belonged to Sanders. Inside were 282 counterfeit credit/debit cards and $4,000 worth of gift cards. Law enforcement agents discovered that 156 of the credit/debit cards were embossed with Sanders’ name, and 126 were embossed with Daliet’s name. The loss to the credit card companies is $13,907.22.
Sanders faces up to 10 years in prison. Daliet pleaded guilty on August 28, 2017 to access device possession. He faces up to 20 years in prison. They both also face three years of supervised release and a $250,000 fine. The court did not set sentencing dates.
The U.S. Secret Service and Louisiana State Police conducted the investigation. Assistant U.S. Attorney Robert F. Moore is prosecuting the case.
New Jersey Man Sentenced to 25 Years in Prison for Child Pornography “Sextortion”Read the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Hubert Young, age 45, of Basking Ridge, New Jersey, was sentenced to 25 years in prison today by Senior U.S. District Court Judge James M. Munley, for producing and attempting to produce child pornography.
According to United States Attorney Bruce D. Brandler, Young previously pleaded guilty to creating two Facebook accounts with fictitious names, posing as a teenager on those accounts, and using a cell phone and computer to persuade minors to take pornographic images of themselves and send them to him.
As part of this “sextortion” scheme, once the minors sent the pornographic images to Young, he threatened to post the images on the internet unless the victims sent him more images. At least 12 minor victims between the ages of 11 and 17 from Pennsylvania, New Jersey, Ohio and Indiana, fell prey to Young’s criminal activities between January 2015 and June 2016.
Judge Munley also ordered Young to pay a special assessment of $5,100, and serve 10 years on supervised release following his prison sentence. Young must also receive sex offender treatment and comply with sex offender registration and notification requirements.
The case was investigated by the Federal Bureau of Investigation, the Luzerne County District Attorney’s Office, and Pittston Police. Assistant United States Attorney Francis P. Sempa 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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New Haven Heroin Dealer Sentenced to 5 Years in PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that MARCO PADILLA, 51, of New Haven, was sentenced yesterday by U.S. District Judge Jeffrey Alker Meyer in New Haven to 60 months of imprisonment, followed by three years of supervised release, for his role in a heroin trafficking ring.
According to court documents and statements made in court, the DEA’s New Haven Tactical Diversion Squad targeted a New Haven-based heroin trafficking organization. The investigation, which included court-authorized wiretaps, controlled purchases of narcotics and physical and video surveillance, revealed that members of the organization regularly purchased bulk quantities of heroin from suppliers located in the Bronx, New York, and sold the heroin through a network of redistributors, including PADILLA, on the streets of New Haven.
The investigation has resulted in federal charges against 23 individuals.
PADILLA has been detained since his arrest on March 16, 2017. On May 22, 2017, PADILLA pleaded guilty to one count of conspiracy to possess with intent to distribute, and distribution of, heroin.
PADILLA’s criminal history includes numerous prior convictions, including several narcotics-related convictions.
The DEA’s New Haven Tactical Diversion Squad includes officers from the Bristol, Greenwich, Hamden, Milford, New Haven, Shelton, Vernon and Wilton Police Departments. The New Haven, East Haven and West Haven Police Departments, together with the U.S. Coast Guard, provided valuable assistance to the investigation.
This case is being prosecuted by Assistant U.S. Attorneys Amy C. Brown and Patrick F. Caruso.
Nashville Man Sentenced to 25 Years in Prison for Federal Firearms Violations Resulting from Shooting 62 Year-Old ManRead the Press Release
George Ivory aka GI, 27, of Nashville, Tenn., was sentenced today to 25 years in prison, for being a felon in possession of ammunition and other federal drug and firearm offenses, as a result of shooting 62 year-old Cecil Grissette on May 1, 2015, announced Mark H. Wildasin, U.S. Attorney for the Middle District of Tennessee. Although the firearm used during the commission of the crime was not recovered, shell casings found at the scene formed the basis for the charge.
“As this case demonstrates, drug dealing and gun violence are inextricably linked and have serious consequences, said U.S. Attorney Wildasin. “Cases such as this remain a top priority of this office and will be diligently pursued by this office and our law enforcement partners.”
Ivory was indicted on May 27, 2015, and pleaded guilty in November 2016, to possession of cocaine with intent to distribute, attempted Hobbs Act robbery, discharging a firearm in relation to a crime of violence, and being a convicted felon in possession of ammunition.
According to court documents, Cecil Grissette was in the area of 16th Avenue North and Buchanon Street, in Nashville, attempting to buy crack cocaine from an individual when Ivory demanded that Grissette buy crack cocaine from him instead. When Grissette decided to buy the drugs from the other dealer, Ivory shot Grissette in the head, torso, and leg. Grissette survived the shooting but was left blinded and received other life altering injuries as a result.
In pronouncing the sentence, Senior U.S. District Judge Marvin E. Aspen of the Northern District of Illinois, sitting by designation in the Middle District of Tennessee, stated that he hopes Ivory will "smarten up" and decide whether he wants to be involved in street life when he gets out of prison and if he chooses to do so, Judge Aspen warned Ivory that he would spend the rest of his life in prison.
This case was investigated by the Metropolitan Nashville Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorneys Sunny A.M. Koshy and Ahmed Safeeullah prosecuted the case.
Moses Lake Man Sentenced to Nine Years in Federal Prison for Receipt of Child PornographyRead the Press Release
Spokane– Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced today that Daniel Lee Vadnais, age 53, of Moses Lake, Washington, was sentenced, after having previously pleaded guilty on May 25, 2017, to Receipt of Child Pornography. Chief United States District Judge Thomas O. Rice sentenced Vadnais to a nine-year term of imprisonment, to be followed by a twenty- year term of court supervision after he is released from Federal prison. In addition, Vadnais agreed to forfeit to the United States the computers he used to receive child pornography images and videos. Upon release from prison, Vadnais will be required to register as a Sex Offender.
According to information disclosed during the court proceedings, between January 3, 2016 and April 6, 2016, an officer working undercover for the FBI in Rochester, New York, discovered that Vadnais was using peer to peer (P2P) file sharing to download images of child pornography over the internet. Special Agents from FBI obtained a federal search warrant that was executed on April 6, 2016 at Vadnais’s residence in Moses Lake, Washington. During the execution of the search warrant, Vadnais advised law enforcement that he had been using P2P software to download child pornography files. Law enforcement discovered Vadnais’ HP desktop computer contained over 300 child pornography images of child pornography.
Harrington said, “Prosecuting offenders who receive and possess child pornography is one of the priorities of the United States Attorney’s Office for the Eastern District of Washington. This Office will continue to prosecute aggressively and seek appropriate punishment for child pornography crimes. I commend the excellent work of the FBI Special Agents who investigated this case.”
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
• Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
• Participation of PSC partners in coordinated national initiatives;
• Increased federal enforcement in child pornography and enticement cases;
• Training of federal, state, and local law enforcement agents; and
• Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This investigation was conducted by the Federal Bureau of Investigations. The case was prosecuted by Stephanie J. Lister, an Assistant United States Attorney and PSC Coordinator for the Eastern District of Washington.
Moosic Man Indicted for StalkingRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Anthony Frank Angeli, Jr, age 54, of Moosic, Pennsylvania, was indicted by a federal grand jury for stalking. The case was unsealed today following Angeli’s initial appearance before United States District Court Judge Malachy E. Mannion.
According to United States Attorney Bruce D. Brandler, the indictment alleges that between July 7, 2017 and August 14, 2017, Angeli used the internet to engage in a course of conduct to harass and intimidate another individual.
This case was investigated by the Moosic Police Department, the Lackawanna County District Attorney’s Office, and the Federal Bureau of Investigation. Assistant United States Attorney Jenny P. Roberts is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Monongalia County woman admits to her role in an oxycodone distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Bobbie Jo Phillips, of Morgantown, West Virginia, pled guilty today to an oxycodone and cocaine distribution charge, Acting United States Attorney Betsy Steinfeld Jividen announced.
Phillips, age 30, pled guilty to one count of “Unlawful Use of Communication Facility.” He admitted to using a phone to aide in the distribution of oxycodone and cocaine in Monongalia County in March 2017.
Phillips faces up to four years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley prosecuted the case on behalf of the government. The Mon Valley Drug and Violent Crime Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Monmouth County, New Jersey, Man Sentenced to 97 Months in Prison for Receiving Images of Child Sexual Abuse over InternetRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, man was sentenced today to 97 months in prison for using his e-mail and instant messaging accounts to receive images of child sexual abuse, Acting U.S. Attorney William E. Fitzpatrick announced.
Matthew Kaminsky, 51, of Matawan, New Jersey, previously pleaded guilty before U.S. District Judge Mary L. Cooper to an information charging him with one count of receiving child pornography. Judge Cooper imposed the sentence today in Trenton federal court.
According to documents filed in this case and statements made in court:
Kaminsky allegedly met various underage girls through online chat applications and sent them naked pictures of himself. In late January of 2015, over the course of several days, he began corresponding with a 13-year-old girl over an online chat application and induced her to take nude pictures of herself and to send them to him. In March 2015 law enforcement officers recovered computer equipment belonging to Kaminsky containing images and videos appearing to be of child sexual abuse. Law enforcement officers located and interviewed the 13-year-old girl Kaminsky had chatted with online in January of 2015, and she confirmed that she had chatted online with Kaminsky and had sent him nude pictures of herself at his request.
In addition to the prison term, Judge Cooper sentenced Kaminsky to five years of supervised release.
Acting U.S. Attorney Fitzpatrick credited special agents of U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), under the direction of Acting Special Agent in Charge Debra Parker, Newark, and inspectors of the U.S. Postal Inspection Service, under the direction of Acting Inspector in Charge John Walker, Philadelphia Division, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Molly S. Lorber of the U.S. Attorney’s Office Criminal Division in Trenton.
Defense counsel: Brian Reilly Esq., Assistant Federal Public Defender, Trenton
Mobridge Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mobridge, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on September 1, 2017, by U.S. District Judge Charles B. Kornmann.
Justin Jerome Howard, age 34, was sentenced to 10 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Howard was indicted by a federal grand jury on January 19, 2017. He pled guilty on June 6, 2017.
The conviction stems from Howard failing to register as a sex offender as required by federal law between December 5, 2016, and December 14, 2016. Howard had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Howard was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Sentenced for BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Third Degree Burglary was sentenced on September 5, 2017, by U.S. District Judge Roberto A. Lange.
Preston White Feather, age 21, was sentenced to 8 months in prison followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100. White Feather was also ordered to pay restitution in the amount of $3,815.
White Feather was indicted by a federal grand jury on May 16, 2017. He pled guilty on June 27, 2017.
The conviction stemmed from an incident that occurred in the early morning hours of September 17, 2016. At approximately 5:00 a.m., White Feather broke into the Todd County Achievement School in Mission and stole property belonging to the Exceptional Education Department.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
White Feather was immediately turned over to the custody of the U.S. Marshals Service.
Memphis Man with Multiple Prior Felonies Convicted of Possession with Intent to Manufacture and Distribute NarcoticsRead the Press Release
Memphis, TN – A federal jury has found a Memphis man guilty of trafficking narcotics, possession with intent to distribute and manufacture controlled substances and being a felon in possession of a firearm. Lawrence J. Laurenzi, Acting U.S. Attorney for the Western District of Tennessee, announced the conviction today.
According to information presented in court, in March 2015, Duane Anthony Rouch, 52, purchased narcotics from underground websites designed to enable users across the world to buy and sell illegal drugs and other illicit goods and services anonymously outside the reach of law enforcement. To purchase narcotics on the "Dark Web" Rouch used "cryptocurrency," a form of payment used to conceal the identity of the buyer and seller using third-party vendors.
In March 2015, Rouch received a package from China containing a pill mold. From 2015 until December 2016, he received packages containing microcrystalline cellulose, a binding agent used to manufacture pharmaceutical pills. The defendant ordered online from China and Canada and had them shipped on ten occasions to a warehouse address in Memphis, Tennessee.
On September 16, 2016, Memphis Homeland Security ("ICE") Agents received information from U.S. Customs and Border Protection ("CBP") about a Canadian company shipping contraband to Memphis, Tennessee. This company transships contraband from China to the United States and supplies pill presses and chemicals for producing counterfeit pills or tablets. Furthermore, CBP Officers provided that at least ten shipments had been forwarded to the warehouse in Memphis, Tennessee.
In December 2016, Officers with the Shelby County Sheriff’s Office obtained a state search warrant for the warehouse to search for illicit narcotics. Law enforcement found an unloaded Lorcin 9 millimeter pistol, iPhone 6, pill press covered in residue, several mixing containers and utensils coated with white powder, drug paraphernalia – methamphetamine pipes, scales, presses, Xanax pills, lab mixing utensils, and materials used to manufacture methamphetamine – and more than 5 grams of methamphetamine in a mail parcel. The search of Rouch’s iPhone 6 revealed multiple photos/videos consistent with drug trafficking. At the time of the search, Rouch was on parole for multiple felony offenses.
On Tuesday, September 5, 2017, a federal jury convicted Rouch of one count of possession with intent to distribute methamphetamine, one count of possession with intent to distribute alprazolam, one count of conspiracy to commit the trafficking of narcotics and one count of felon in possession of a firearm. Rouch is scheduled for sentencing on December 7, 2017. He is subject to a mandatory minimum sentence of ten (10) years on the methamphetamine related offenses.
This case is being investigated by the Border Enforcement Security Team, which consists of federal agents from the Drug Enforcement Administration, Homeland Security Investigations, United States Postal Service and local law enforcement offices. Agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives assisted in the investigation.
Special Assistant U.S. Attorneys Sam Stringfellow and Bryce Phillips are prosecuting this case on the government’s behalf.
McLaughlin Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man convicted of Abusive Sexual Contact by Use of Force, Abusive Sexual Contact by Fear, and Abusive Sexual Contact, was sentenced on September 1, 2017, by U.S. District Judge Charles B. Kornmann.
Frankie Marshall, age 27, was sentenced to 180 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $300.
Marshall was indicted by a federal grand jury on April 12, 2017. He pled guilty on June 6, 2017.
The conviction stems from an incident on March 29, 2017, when Marshall was at the home of a friend, the victim, in Bullhead, South Dakota. The two were playing dice and cards. Marshall left at about 5:30 am to meet up with another person.
Marshall returned a short time later and asked if he could wait for his sister to come get him, which the victim allowed. Marshall began to shut all of the lights off and sat down next to her on the couch. Marshall asked her if she wanted to have a one-night-stand, and the victim declined. Marshall shoved her back on the couch, got on top of her, and attempted to shove his hands down her pants. Marshall grabbed her pants and started to pull them down while the victim was struggling to keep them up. Marshall pulled the victim’s pants and panties off, pulled his sweats down, and proceeded to rape her.
As the assault was happening, one of the victim’s relatives entered the home and turned on a light upon entering. When the light was turned on, Marshall pulled up his pants and fled the residence. The police were immediately summoned and members of the victim’s family attempted to locate Marshall, who fled Bullhead and went to Fort Yates, North Dakota, where he was located and arrested by Bureau of Indian Affairs Law Enforcement.
This case was investigated by the Bureau of Indian Affairs Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Marshall was immediately turned over to the custody of the U.S. Marshals Service.
McLaughlin Man Indicted on Assault and Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Assault of an Intimate Partner by Strangulation, Child Abuse, and Felon In Possession of a Firearm.
River Grey Bull, age 22, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on August 29, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 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 or about April 11, 2016, Grey Bull assaulted his intimate partner by strangulation and suffocation. The Indictment further alleges that Grey Bull hit his intimate partner while she was holding her child and the blow carried through and hit the child. Grey Bull, having previously been convicted of a felony, is alleged to have knowingly possessed a firearm.
The charges are merely accusations and Grey Bull is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs. Assistant U.S. Attorney Daniel C. Nelson is prosecuting the case.
Grey Bull was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Mark H. Wildasin Appointed U.S. AttorneyRead the Press Release
Attorney General Jeff Sessions has appointed Mark H. Wildasin to serve as the U.S. Attorney for the Middle District of Tennessee, following the retirement of Acting U.S. Attorney Jack Smith.
Mr. Wildasin has served as the Civil Chief for the U.S. Attorney’s Office in Nashville since January 2006. As the Civil Chief, Mr. Wildasin oversaw a team of Assistant U.S. Attorneys responsible for litigating civil matters where the United States is either the plaintiff seeking to recover damages on behalf of the United States or acting to defend the government in defensive actions. As the Chief of the Civil Division he was also responsible for asset forfeiture and collecting debts owed to the United States. His team was responsible for collecting and recovering record numbers of debts and financial settlements on behalf of the government.
While serving as the Civil Chief, in October 2011 Mr. Wildasin was detailed to the American Embassy in Baghdad, Iraq, where he served for a year as an attorney advisor in the Office of the Justice Attaché.
Prior to joining the U.S. Attorney’s Office, Mr. Wildasin was a member of the Nashville law firm Waller, Lansden, Dortch & Davis, specializing in commercial litigation including trademark, copyright, antitrust, and other competition issues.
Mr. Wildasin previously practiced antitrust and intellectual property litigation as an associate, then partner, in the San Francisco office of the international law firm Coudert Brothers and was clerk to the Honorable Thomas A. Higgins, U.S. District Judge for the Middle District of Tennessee. He received his A.B. degree in political science from Duke University, and earned his law degree from Vanderbilt Law School in 1991 where he was Research Editor for the Vanderbilt Journal of Transnational Law.
Mr. Wildasin will serve in this capacity for 120 days or until a presidentially appointed U.S. Attorney is confirmed by the United States Senate.
Local Medical Doctor Pleads Guilty to Illegally Dispensing and Distributing Controlled Substances by Prescriptions and Money LaunderingRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that FREDERICK FLOYD, D.O., age 58, a physician who practiced and resided in New Orleans, pled guilty today to a two-count Bill of Information charging him with illegally dispensing controlled substances and money laundering.
On July 7, 2017, DR. FLOYD was arrested on charges of distribution of controlled substances. According to court records, DR. FLOYD illegally dispensed and conspired with others to illegally dispense controlled substances, including Oxycodone, a Schedule II controlled substance, and other controlled substances. The original charge, contained in a complaint filed in court, states that DR. FLOYD dispensed more than 4.8 million dosages of controlled substances by prescriptions between January 1, 2015 and August 31, 2016.
DR. FLOYD made his initial appearance before U.S. Magistrate Court Judge Michael B. North on July 10, 2017. A detention hearing was held on July 12, 2017, and he has been detained since that date.
DR. FLOYD will face a mandatory term of 10 years in prison on the charges if the Court accepts the plea agreement. DR. FLOYD will also be subject to a fine of $1,250,000 and a term of supervised release of at least three years, following any term of imprisonment. U.S. District Judge Carl J. Barbier set sentencing on December 28, 2017.
Acting U.S. Attorney Evans praised the work of the Special Agents of the Drug Enforcement Administration, Internal Revenue Service, New Orleans Police Department, Jefferson Parish Sheriff’s Office, Harahan Police Department, Westwego Police Department, New Orleans District Attorney’s Office, Kenner Police Department, and St. Bernard Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney John F. Murphy is in charge of the prosecution.
Little Eagle Man Sentenced for AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Little Eagle, South Dakota, man convicted of Domestic Assault by an Habitual Offender was sentenced on September 1, 2017, by U.S. District Judge Charles B. Kornmann.
Charles Eagle Pipe, age 44, was sentenced to 45 months in custody, followed by 3 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Eagle Pipe was indicted by a federal grand jury on March 15, 2017. He pled guilty on June 12, 2017.
The conviction stems from an incident on March 29, 2015, when a Bureau of Indian Affairs officer who was patrolling in Little Eagle, was informed of an incident occurring at the home of the victim. The officer responded and was informed that Eagle Pipe had taken her car, without permission, and returned highly intoxicated. Eagle Pipe refused to return the keys to the victim, assaulted her, then grabbed a knife and began to cut himself with it. Eagle Pipe then went across the street to his mother’s residence. The officer went across the street and placed Eagle Pipe under arrest, following a brief scuffle.
Upon securing Eagle Pipe in the vehicle, the officer went back across the street to where the victim was standing. She showed the officer where Eagle Pipe had thrown the knife, and she also showed the officer marks on her legs where she stated Eagle Pipe had kicked her. At the time of this incident, Eagle Pipe had seven prior convictions for Domestic Abuse in Standing Rock Tribal Court that would have been, if subject to federal jurisdiction, assaults against a spouse or intimate partner.
This case was investigated by the Bureau of Indian Affairs Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Eagle Pipe was immediately turned over to the custody of the U.S. Marshals Service.
Leader of Bank Fraud Conspiracy Sentenced to Ten Years in Federal PrisonRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – On September 6, 2017, U.S. District Judge Paula Xinis sentenced Brian Diggs, age 45, of Brandywine, Maryland, to ten years in federal prison followed by five years of supervised release for conspiracy to commit bank fraud and aggravated identity theft. Judge Xinis ordered forfeiture of $393,702. A restitution amount will be determined at a later hearing. The scheme to defraud involved applications for over $1,500,000 in car loans.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Andre Watson of Homeland Security Investigations, Baltimore Field Office; and Chief Henry P. Stawinski III of the Prince George’s County Police Department.
According to his plea agreement, Diggs and eight co-conspirators defrauded numerous federal credit unions by applying for vehicle loans using false personal and financial information. Often Diggs and his co-conspirators identified cars for purchase that they had no intention of obtaining. On certain occasions, Diggs and his co-conspirators applied for and obtained vehicle loans on the same vehicle at different credit unions. Diggs and his co-conspirators nominally agreed to sell vehicles, obtained money from vehicle sales, and then did not provide the vehicles to buyers. Diggs and his co-conspirators failed to make payments toward vehicle loans, thereby often resulting in the vehicles being repossessed by credit unions and other lending institutions. In at least one instance, Diggs and co-conspirator Derrick Byas, Jr., used the name of a living victim on a fake driver’s license to obtain a loan from a credit union.
The fraud scheme affected more than ten financial institutions and employed sophisticated means, including fake documents, fake addresses, and false Social Security numbers. Diggs was the leader and organizer of the scheme.
Acting United States Attorney Stephen M. Schenning thanked HSI and the Prince George’s County Police Department for their work on the investigation. Mr. Schenning commended Assistant U.S. Attorneys Joseph Baldwin, Erin Pulice, and Thomas Windom who are prosecuting the case.
Kyle Man Sentenced for Abusive Sexual ContactRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man convicted of two counts of Abusive Sexual Contact was sentenced on September 5, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Darrell Janis, age 58, was sentenced to 8 years in custody, followed by 5 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund.
Janis was indicted by a federal grand jury in October 2016. He was subsequently found guilty following a trial in Federal District Court in Rapid City on May 11, 2017.
The conviction stems from Janis using force to have sexual contact with a child, who was between the ages of 12 and 16, on December 11, 2015, at Kyle.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Janis was immediately turned over to the custody of the U.S. Marshals Service.
Jury Convicts Atlanta-Based Supplier of Heroin and Methamphetamine to Cartel-Linked Drug Trafficking Organization in BradentonRead the Press Release
Tampa, FL – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Alexis Hernandez (52, Lilburn, GA) guilty of conspiracy to distribute more than one kilogram of heroin and more than five hundred grams of methamphetamine. He faces a minimum mandatory sentence of 20 years, up to life, in federal prison. His sentencing hearing is scheduled for November 30, 2017.
Hernandez was charged in a superseding indictment on April 25, 2017, along with five other members of a Bradenton-based drug trafficking organization. Damien Avellaneda-Hernandez, Gonzalo Delarosa, a/k/a “Gordo,” Glenn Olvera, and Sergio David Gutierrez-Olmos, a/k/a “Chavo,” a/k/a “Chilango” previously pleaded guilty for their roles in this case. On August 31, 2017, Gutierrez-Olmos was sentenced to 10 years in federal prison. The others will be sentenced in the near future. Francisco Avellaneda-Hernandez, a/k/a “Flaco,” remains at large.
According to evidence presented at trial, Hernandez was a supplier of heroin and methamphetamine to the Francisco Avellaneda-Hernandez Drug Trafficking Organization, a group with ties to a cartel based in Michoacan, Mexico, and operating in Florida, Georgia, Texas, New Jersey, New York, and Massachusetts. Between January and August 2016, law enforcement officers seized more than 20 kilograms of methamphetamine in the Middle District of Florida linked to the organization. In addition, evidence was presented at trial showing that Hernandez and others had arranged the transport of 2 kilograms of heroin and 1.5 kilograms of methamphetamine to Manhattan. Hernandez was arrested in Manhattan on September 27, 2016.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Amarillo Sky.” The investigation was conducted by the Drug Enforcement Administration, with assistance from the U.S. Customs and Border Patrol, the Polk County Sheriff’s Office, the Manatee County Sheriff’s Office, the Pasco County Sheriff’s Office, the Hardee County Sheriff’s Office, the Lakeland Police Department, the Plant City Police Department, and the New York Police Department. It is being prosecuted by Assistant United States Attorneys Dan Baeza and Diego Novaes.
Iowa Couple Sentenced for Fraud and Theft of Government FundsRead the Press Release
A couple who committed fraud against the government were sentenced for fraud and theft of government funds.
Kimberly Calles-Sheker, 43, and Oscar Calles, 44, both from Fort Dodge, Iowa, received their prison terms after May 16, 2017 and July 6, 2017, guilty pleas. Calles-Sheker pled guilty to one count of theft of government funds and Calles pled guilty to three counts of fraud or misuse of documents to obtain employment.
At the guilty plea hearings, Calles-Sheker admitted that from 1995 through April 2016, she improperly received benefits from the Supplemental Nutrition Assistance Program (SNAP); Family Investment Program (FIP); and Medical Assistance (Medicaid Title XIX). Eligibility for these programs is based on an applicant’s income, household composition and resources. Between about August 2012 and March 2016 Calles-Sheker and Oscar Calles resided together. During this time, Calles’s income was being deposited into a joint bank account with Calles-Sheker. Even though Oscar Calles was residing with Calles-Sheker and was employed, Calles-Sheker did not report his income when completing the required documentation for eligibility for these assistance programs. In fact, the only household income reported was approximately $753 in Social Security and Social Security Disability income that Calles-Sheker received each month. It has been determined their household received $32,080.57 in overpaid public assistance between November 2012 and April 2016. Oscar Calles admitted that he was an illegal alien from Mexico, but was employed by various employers and committed fraud by using the stolen identity of a deceased United States citizen, Francisco Aguilera to obtain and maintain employment in the United States. Specifically, Calles was employed at the following companies: D&H Poultry of Sibley, Osceola County, Iowa; Sparboe Farms of Eagle Grove, Iowa; Centrum Valley Farms of Clarion, Iowa; and Daybreak Foods, Inc. of Webster City, Iowa.
Both were sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Calles-Sheker was sentenced to 5 years’ probation and was ordered to pay $32,080.57 in restitution to Iowa Department of Human Services. She must also pay a special assessment of $100. Calles was sentenced to time served of 191 days’ imprisonment. He must also pay a special assessment of $300. He must also serve a three-year term of supervised release after the prison term. There is no parole in the federal system.
Calles 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 Attorneys Kevin C. Fletcher and Shawn S. Wehde and investigated by USDA-OIG, Iowa Department of Inspections and Appeals (IDIA), and U.S. Department of Homeland Security.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4010.
Follow us on Twitter @USAO_NDIA.
Internet Predator Sentenced to 40 Years in Federal PrisonRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Chad Theodore Dillon (45, Okaloosa County) to 40 years in federal prison for online enticement of a child to engage in sexual activity. The Court also ordered him to forfeit the 2006 Ford F-150 truck he had used to meet a victim.
Dillon pleaded guilty on January 18, 2017.
According to court documents, this investigation began in April 2016, when an agent from the Florida Department of Law Enforcement conducted an undercover investigation to identify users of a particular app who were attempting to entice and sexually exploit children. On April 22, 2016, an FDLE undercover agent published a post that read, “Being 13 and being alone is just no fun at all.” Within a few minutes, the agent received a private message from “Ice Whale,” that read, “R u m or f?,” which initiated a conversation between the two. During the conversation, “Ice Whale,” later determined to be Dillon, repeatedly solicited the “child” for sexual acts. Dillon also offered to have sex with the “child’s” 12-year-old “friend,” who he believed to be sleeping over at the “child’s” house. He also claimed to have had sex with 12-year-olds a “couple times.” Dillon provided his cellphone number to the “child” and claimed that his name was “Cory.” Despite repeated conversation, Dillon declined to meet with the “child” for the sexual encounter discussed. However, further investigation revealed that Dillon had previously solicited a 13-year-old child online to produce nude images of herself.
After determining that “Ice Whale” was Dillon, FDLE agents obtained a warrant for Dillon’s cellphone and found chat messages revealing he had traveled to Georgia to have sex with a minor, and had enticed a different child to produce pornography and to meet him for sex.
“FDLE appreciates the assistance of the Jacksonville Sheriff’s Office and the FBI in safely apprehending this predator, and commends the U.S. Attorney’s Office’s diligence in prosecuting this case,” said Commissioner Rick Swearingen. “We are focused on protecting families and removing these threats to our children.”
"The FBI Jacksonville Division and our law enforcement partners are committed to identifying those who prey on our children, and this case is one example of our relentless efforts to stop them," said Special Agent in Charge Charles P. Spencer. “Today’s sentencing sends a message that child exploitation is a threat that will not be ignored, and we will stop at nothing to protect these innocent victims, and seek justice for the heinous acts committed against them.”
This case was investigated by Florida Department of Law Enforcement and the Federal Bureau of Investigation, with assistance from the Jacksonville Sheriff’s Office. It was prosecuted by Assistant United States Attorney Kelly S. Karase.
Illegal Mexican Sentenced for Possession of a FirearmRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that EDUARDO TORRES-GUERRERO, age 24, a citizen of Mexico, was sentenced today after previously pleading guilty to a one-count Indictment charging him with possession of a firearm by an illegal alien.
U.S. District Judge Lance M. Africk sentenced TORRES-GUERRERO to 16 months imprisonment, followed by three years of supervised release. Upon completion of his sentence, TORRES-GUERRERO will be surrendered to the custody of U.S. Immigration and Customs Enforcement for removal proceedings.
According to the court documents, on February 8, 2017, TORRES-GUERRERO was stopped by the Jefferson Parish Sheriff’s Department and discovered to be in possession of a SUW .32 caliber firearm, serial number 145765. TORRES-GUERRERO illegally entered the United States prior to February 8, 2017, and had no pending status adjustments with the Citizenship and Immigration Services.
Acting U.S. Attorney Evans praised the work of the Immigration and Customs Enforcement Agency and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Emily K. Greenfield was in charge of the prosecution.
Honduran National Sentenced for Illegal ReentryRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that CARLOS ALBERTO PINEDA-CANTOR age 40, a citizen of Honduras, was sentenced today after previously pleading guilty to a one-count Bill of Information for illegal reentry of a removed alien.
U.S. District Judge Lance M. Africk sentenced PINEDA-CANTOR to 15 months imprisonment, followed by 1 year of supervised release, and $100 special assessment. Following completion of his sentence, PINEDA-CANTOR will be surrendered to the custody of Immigration and Customs Enforcement for removal proceedings.
According to court documents, on or about December 31, 2016, PINEDA-CANTOR was found in the United States after having been officially deported and removed on or about December 26, 2007.
Acting U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González was in charge of the prosecution.
Guatemalan National Pleads Guilty to Illegally ReentryRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that VENACIO ORTIZ-LEON age 29, a citizen of Guatemala, pled guilty today to a one-count Bill of Information for illegal reentry of a removed alien.
According to the Bill of Information, on or about June 3, 2017, ORTIZ-LEON was found in the United States after having been officially deported and removed on or about January 27, 2011.
ORTIZ-LEON faces a maximum term of imprisonment of two years and a fine of $250,000, one year supervised release after imprisonment, and a $100.00 special assessment. U.S. District Judge Carl J. Barbier set sentencing for November 16, 2017.
Acting U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Gresham Man Sentenced to 96 Months in Federal Prison for Illegal Firearm PossessionRead the Press Release
PORTLAND, Ore. – On Wednesday, September 6, 2017, United States District Court Judge Marco A. Hernandez sentenced Nicolas Allen Harms, 26, of Gresham, to 96 months in federal prison followed by 3 years of supervised release. Harms had previously pleaded guilty to one count of being a felon in possession of a firearm in violation of 18 U.S.C. §§ 992(g)(1) and 924(a)(2).
According to court documents, in late 2015, Gresham Police Officers received information that Harms was selling heroin. Using a confidential informant, officers conducted a controlled buy of heroin from Harms. On December 8, 2015, officers executed a search warrant on Harms’ hotel room and found approximately 35 grams of heroin, 17 grams of methamphetamine, a loaded .357 revolver, digital scales and drug packaging material. Officers also found 3.5 grams of methamphetamine and $440 in cash on the defendant’s person.
Following the search of the hotel room, officers developed information that Harms possessed a storage unit. A subsequent search of the unit resulted in the recovery of a short-barreled .22 caliber rifle, a shotgun and paperwork and materials related to his drug dealing. Harms was arrested and indicted in federal court. He later admitted to being a felon and illegally possessing the three recovered firearms: an Amadeo Rossi .357 caliber revolver, a Winchester 12 gauge shotgun and a Ruger .22 caliber rifle.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Gresham Police Department and the United States Attorney’s Office for the District of Oregon and was prosecuted by Scott M. Kerin, Assistant United States Attorney for the District of Oregon.
Grand Jury Indicts Couple Texting on Aircraft about Child MolestationRead the Press Release
Two Tacoma, Washington residents who were observed texting on an airplane about sexually molesting children have been indicted by a grand jury in Seattle, announced U.S. Attorney Annette L. Hayes. MICHAEL KELLAR, 56, and GAIL LYNN BURNWORTH, 50, were arrested last month after an alert passenger on a flight to San Jose, California noticed disturbing texts between KELLAR, who was on the plane, and BURNWORTH, who was in Tacoma. BURNWORTH had access to two minor children. The indictment was returned on Wednesday, September 6, 2017. The pair are scheduled for arraignment on the indictment in U.S. District Court in Tacoma on September 18, 2017.
“Two children are safe tonight because an observant passenger on a plane did the right thing,” said U.S. Attorney Annette L. Hayes. “I commend law enforcement who quickly acted to get these defendants into custody, and protect two children from sexual abuse.”
Both KELLAR and BURNWORTH are charged with conspiracy to produce child pornography. KELLAR is charged with two counts of attempted enticement of a minor in connection with his communication to BURNWORTH regarding the sexual exploitation and rape of each of the minor children.
Conspiracy to produce child pornography is punishable by a mandatory minimum 15 years in prison and up to 30 years in prison and a $250,000 fine. Attempted enticement of a minor is punishable by a mandatory minimum ten years in prison and up to life in prison and a $250,000 fine.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
BURNWORTH is charged in Pierce County Superior Court with child rape, child molestation and two counts of sexual exploitation of a minor.
Both defendants remain in custody.
The case is being investigated by the FBI with assistance from the San Jose, California Sheriff’s Office, and the Seattle Police Department Internet Crimes against Children Task Force (ICAC).
The case is being prosecuted by Assistant United States Attorney Matthew Hampton.
Georgetown Woman Sentenced for Embezzling over $60,000 Dollars from EmployerRead the Press Release
BOSTON – A Georgetown woman was sentenced today in federal court in Boston for embezzling over $60,000 from her former employer.
Michelle Higson, 41, was sentenced by U.S. District Court Judge Denise J. Casper to three months in prison, nine months of home confinement, three years of supervised release, and ordered to pay restitution of $60,290. In April 2017, Higson pleaded guilty to one count of bank fraud and two counts of uttering a forged security.
Higson worked as a part-time bookkeeper at a Rowley-based company where she was responsible for handling the company’s accounts payable by using the company’s accounting software program. From December 2013 through January 2015, Higson stole a series of the company’s checks and made them payable to cash. Higson then forged her employer’s signatures on the stolen checks, endorsed them herself, and deposited them for cash, which she used for personal expenses.
To conceal her criminal conduct and avoid detection by company officials, Higson falsified entries in the company’s general ledger to make it appear as if the stolen checks had been issued to satisfy payment to bona fide vendors. In total, Higson embezzled over $60,000.
Acting United States Attorney William D. Weinreb and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorney Anne Paruti of Weinreb’s Major Crimes Unit prosecuted the case.
Gang Leader Sentenced for Drug DistributionRead the Press Release
BOSTON – A leader of the Boston street gang, Columbia Point Dawgs, was sentenced today in federal court in Boston for trafficking oxycodone.
Demetrius Williams, a/k/a Troll, 30, of Roxbury, was sentenced by U.S. District Court Judge Richard G. Stearns to 151 months in prison and five years of supervised release. In December 2016, Williams pleaded guilty to RICO conspiracy and conspiracy to possess with intent to distribute cocaine, cocaine base and heroin. Demetrius Williams, one of 48 defendants tied to the CPD, was indicted in June 2015 on racketeering, drug trafficking, and firearms charges.
Williams, was involved in the importation and distribution of at least 880 grams of cocaine base, 10 kilograms of cocaine, and 700 grams of heroin in Massachusetts, along with other members and associates of the Columbia Point Dawgs (CPD), including his brothers Yancey Williams and Herbert Small, and father Yancey Calhoun.
According to documents filed in court, the CPD, also known on the street as “the Point,” was Boston’s largest and most influential citywide gang. The criminal organization started in the 1980s in the former Columbia Point Housing Development (now Harbor Point) and, over the years, gang members established drug trafficking crews throughout Boston. It is alleged that the CPD was responsible for the distribution of multiple kilo quantities of heroin, cocaine, crack cocaine, and oxycodone throughout Boston and Maine.
Yancey Williams previously pleaded guilty and is scheduled to be sentenced on Sept. 19th; Herbert Small pleaded guilty and was sentenced in August 2017 to 37 months in prison; and Yancey Calhoun also pleaded guilty and was sentenced in December 2016 to 60 months in prison.
Acting United States Attorney William D. Weinreb; Suffolk County District Attorney Daniel F. Conley; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; John Gibbons, U.S. Marshal for the District of Massachusetts; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Suffolk County Sheriff Steven W. Tompkins; Boston Police Commissioner William Evans; and Commissioner Thomas Turco of the Massachusetts Department of Correction, made the announcement.
Fort Wayne Man Sentenced to Life ImprisonmentRead the Press Release
FORT WAYNE – Acting United States Attorney for the Northern District of Indiana, Clifford D. Johnson, announces that Larry Norton, age 66, of Fort Wayne, Indiana, was sentenced before United States District Court Judge Theresa Springmann for conspiring to distribute and possess with intent to distribute 5 kilograms or more of cocaine and 1 kilogram or more of heroin. He was found guilty after a 6-day jury trial in May of 2017.
Norton was sentenced to life imprisonment.
According to documents in this case, Norton faced a statutory mandatory minimum sentence of life imprisonment without release because he has two prior final felony drug convictions. Norton’s criminal history actually consisted of three felony drug convictions, two convictions for dealing and distributing cocaine (one federal and one state) and another conviction for possessing cocaine.
This case was investigated by the Federal Bureau of Investigation Fort Wayne Safe Streets Task Force, which includes FBI, Indiana State Police, Allen County Police Department, and the Fort Wayne Police Department. The case was prosecuted by Stacy R. Speith and Anthony W. Geller.
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Fort Wayne Man Sentenced to 22 Months ImprisonmentRead the Press Release
FORT WAYNE – Acting United States Attorney for the Northern District of Indiana, Clifford D. Johnson, announces that Dean Zimmerman, age 48, of Fort Wayne, Indiana, was sentenced before United States District Court Judge Theresa Springmann on his plea of guilty to the charge of conspiracy to commit mail fraud.
Zimmerman was sentenced to 22 months imprisonment followed by 1 year of supervised release. Restitution was ordered payable to the victims, United Technologies Electronic Controls, Inc. and PayPal, Inc. the total sum of $346,753.33, and a 1 million dollar money judgement was also entered. Additionally, 103 items, which include sums of U.S. currency and various items of property (ie computers, jewelry, coins, firearms and vehicles) were ordered forfeited as proceeds of his criminal conduct.
According to documents filed in this case, from on or about January 1, 2014 and continuing until on or about May 17, 2016, Zimmerman conspired with his wife Linda Zimmerman to devise a scheme to obtain money through fraud by stealing property from his employer and then selling the stolen property on eBay and utilizing the United States Postal Service to deliver the stolen merchandise to unwitting buyers. Linda Zimmerman has plead guilty to the same charge, conspiracy to commit mail fraud and is awaiting sentencing.
This case was the result of an investigation by the Federal Bureau of Investigations with the assistance of the Indiana State Police and the Huntington Police Department and was handled by Assistant United States Attorneys Anthony W. Geller and Stacey R. Speith.
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Fort Hall Man Sentenced to a Life Term in Federal PrisonRead the Press Release
POCATELLO – Anthony Martin Ish, 34, of Fort Hall, Idaho, was sentenced today to life imprisonment by Senior U.S. District Judge Edward J. Lodge, Acting U.S. Attorney Rafael Gonzalez announced. A jury convicted Ish of second degree murder and assault with a deadly weapon on February 14, 2017, following a one-week jury trial in Pocatello, Idaho.
Evidence at trial established that on the evening of October 14, 2014, Ish shot and killed Darrel Auck outside Ish’s grandmother’s mobile home on the Fort Hall Indian Reservation. Auck and several others were in attendance for Ish’s birthday party. Eye witnesses testified that Ish fired a pistol at Auck several times, at close range, while Auck was trying to get away. Extensive search efforts were conducted by law enforcement and the community, including the Federal Bureau of Investigation, the Fort Hall Police Department, Shoshone-Bannock Tribes, and Search and Rescue, but Auck’s body has not been recovered.
This case was investigated by the Federal Bureau of Investigation and the Fort Hall Police Department.
Former UND Flight Instructor Sentenced on Child Pornography ChargesRead the Press Release
FARGO – United States Attorney Christopher C. Myers announced that on September 5, 2017, former University of North Dakota Flight Instructor ERIC HEWITT BASILE, age 38, of Grand Forks, ND, was sentenced before United States District Court Judge Ralph R. Erickson to serve 16 ½ years in prison for his role in Receiving and Distributing Materials Containing Child Pornography, as well as Possession of Materials Containing Child Pornography. Judge Erickson further sentenced Basile to serve 15 years of supervised release and to pay $24,000 in special assessments to the Crime Victims’ Fund.
This case came to the attention of law enforcement after two University of North Dakota students separately reported to the UND Police Department that Basile, a then-UND faculty member, had engaged in inappropriate behavior. Based upon those reports, the UND Police Department seized Basile’s UND-issued computer for forensic examination. A preliminary search of the computer revealed child pornography, at which point the matter was turned over to agents with the Department of Homeland Security - Homeland Security Investigations and the North Dakota Bureau of Criminal Investigation for further investigation. During the course of their investigation, law enforcement obtained search warrants for Basile’s office and home, at which time additional media was seized. A subsequent forensic examination of this media revealed additional child pornography videos and images depicting children as young as babies and toddlers being violently sexually abused. The investigation also revealed that Basile traded some of those images and videos with other individuals and also engaged in online chats with those individuals, wherein he discussed his desire to sexually abuse young children.
This case is the result of an investigation conducted by the University of North Dakota Police Department, Grand Forks Police Department, Department of Homeland Security – Homeland Security Investigations, and the North Dakota Bureau of Criminal Investigation.
Assistant United States Attorney Jennifer Klemetsrud Puhl prosecuted the case.
http://www.usdoj.gov/usao/nd
Former Quincy Police Lieutenant Sentenced for “Double Dipping”Read the Press Release
BOSTON – A former Lieutenant with the Quincy Police Department (QPD) was sentenced today in federal court in Boston after a jury found him guilty of collecting double pay in 2015.
Thomas Corliss, 52, was sentenced by U.S. District Court Judge Leo T. Sorokin to one year and one day in prison and one year of supervised release. In June 2017, Corliss was convicted following an eight-day jury trial of 10 counts of mail fraud and one count of fraud involving federal funds.
An internal investigation by the QPD revealed that Corliss had “double dipped,” or collected double pay for working multiple details and/or police shifts that overlapped on multiple occasions in 2015. While on vacation in the Bahamas and on Martha’s Vineyard in 2015, Corliss left himself on the daily roster rather than using vacation time. In total, Corliss defrauded the QPD of more than $8,000.
Acting United States Attorney William D. Weinreb; Ronald G. Gardella, Special Agent in Charge of the Department of Justice, Office of the Inspector General, New York Field Office; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorneys Dustin Chao and Ryan M. DiSantis of Weinreb’s Public Corruption Unit prosecuted the case.
Former Owner of Boston Forensic Accounting Firm Pleads Guilty to Tax EvasionRead the Press Release
BOSTON – The former owner of a Boston forensic accounting firm pleaded guilty today in federal court in Boston to understating his income by hundreds of thousands of dollars on his personal income tax returns.
James Carey, 50, pleaded guilty to two counts of making material misstatements on his 2009 and 2010 personal income tax returns. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Nov. 29, 2017. In April 2017, Carey was indicted on two counts of filing false federal tax returns.
Carey, a certified public accountant, owned Carey & Company, a forensic accounting firm in Boston. Carey & Company administered bank accounts on behalf of insurance companies into which the insurance companies and their clients could make deposits, and from which payments could be made on behalf of and to the insurance companies. In November 2009, a customer of one of the insurance companies sent Carey & Company a payment of $594,217 intended for the insurance company, but during the months that followed, Carey transferred almost all of that money out of the account and used it for his own purposes. The money Carey misappropriated from the insurance company was taxable income, which Carey failed to report on his personal income tax return. In addition, in 2010, Carey reported less than one-third of his business’s actual income on his personal income tax return.
The charging statute provides for a sentence of no greater than three years in prison, one year of supervised release, a fine of $250,000, and restitution of unpaid taxes. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorneys Stephen Heymann and Sara Bloom of Weinreb’s Economic Crimes Unit are prosecuting the case.
Former Loan Broker Pleads Guilty to Defrauding Small BusinessesRead the Press Release
BOSTON – A Saugus loan broker pleaded guilty yesterday in federal court in Boston to operating a scheme that defrauded small businesses from across the country in connection with their efforts to obtain business loans.
Joseph L. Angelo Jr, 59, pleaded guilty to 11 counts of wire fraud. U.S. District Court Judge F. Dennis Saylor IV scheduled sentencing for Nov.29, 2017.
From November 2011 to March 2015, Angelo defrauded 10 small business owners of more than $1 million by representing that his companies – Lease One Corp. and Palmtree Finance & Funding LLC – were brokers for obtaining loans for small businesses. Angelo required the customers to deliver to him what he said were fully refundable deposits, aggregating over $1.1 million, for loans that he said had been approved and would be funded within a few days. In fact, none of the loans had been approved and there were no funds available. When the small business owners complained about delays in receiving funds, Angelo promised that their deposits would be refunded, but he did not refund any of the deposits or secure funding for any of the requested loans.
The charging statute provides for a sentence of no greater than 20 years in prison, five 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 United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement. The case is being prosecuted by Assistant U.S. Attorney Victor A. Wild of Weinreb’s Economic Crimes Unit.
Former Employee of Metro Real Estate Company to Serve 34 Months in Prison for Embezzlement and Tax FraudRead the Press Release
Oklahoma City, Oklahoma – JAMES LEE WARD, JR., of Luther, was sentenced today to 34 months in federal prison for making a forged security and filing a false tax return in connection with his embezzlement of more than $250,000 from a metro real estate company, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
Ward is a former Title Closing Coordinator at Paradigm AdvantEdge, LLC ("Paradigm"), a real estate company in Oklahoma City. According to the Information filed in the case, Ward forged a $6,900 check from Paradigm payable to a bogus business entity under his control, made to look like a legitimate payee in Paradigm’s real estate transactions. At his plea hearing on March 16, 2017, Ward admitted that he forged the signature of a Paradigm owner and issued the $6,900 check to himself without the approval of Paradigm. In a plea agreement, Ward agreed that the total loss from his embezzlement was $250,415.00. The Information also alleged that Ward submitted a false federal income tax return for 2014 by failing to report substantial income from the embezzlement. At his plea hearing, Ward admitted that he omitted approximately $140,000 of embezzled income from Paradigm on his 2014 return.
United States District Judge Joe Heaton sentenced Ward to 34 months of imprisonment, followed by three years of supervised release. Ward was ordered to pay restitution to Paradigm and its insurers in the total amount of $250,415.00. He was also ordered to pay $50,777.72 in restitution to the Internal Revenue Service for federal income tax due from his unreported embezzlement income. Ward must report to federal prison on October 6, 2017.
This case is the result of an investigation conducted by the Internal Revenue Service–Criminal Investigations. Assistant U.S. Attorney Chris M. Stephens prosecuted the case.
Former Clearwater Pawnshop Owner Sentenced in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven has sentenced Craig Reckley to 12 months and 1 day in federal prison for his role in a stolen identity refund fraud scheme. As part of his sentence, the Court also ordered him to pay $166,745.61 in restitution to the Internal Revenue Service.
Reckley pleaded guilty on May 4, 2017.
According to court documents, Reckley obtained and deposited 37 United States Treasury checks into his business’s bank account. The checks represented refunds from the filing of false and fraudulent income tax returns in the names of victim taxpayers. During his involvement in the scheme, Reckley was the owner and proprietor of Quick Cash Pawn of Pinellas, located in Clearwater.
This case was investigated by the Internal Revenue Service - Criminal Investigation, with assistance from the Clearwater Police Department. It was prosecuted by Assistant United States Attorney Jay L. Hoffer.
Former Amazon Financial Analyst Pleads Guilty to Insider TradingRead the Press Release
A former financial analyst at Amazon.com, Inc., pleaded guilty today in U.S. District Court in Seattle to securities fraud involving insider trading, announced U.S. Attorney Annette L. Hayes. BRETT D. KENNEDY, 26, currently of Blaine, Washington, admitted that in April 2015, he provided non-public quarterly financial results to a friend who then purchased Amazon stock and sold it at a profit once the results were made public. The friend paid KENNEDY for this inside information. KENNEDY is no longer employed by Amazon. Chief U.S. District Judge Ricardo Martinez scheduled sentencing for December 8, 2017.
“Insider trading of any kind corrodes trust in one of the crown jewels of our country -- our financial markets,” said U. S. Attorney Annette L. Hayes. “As this case demonstrates, we work closely with our law enforcement partners – including the FBI and the SEC – to investigate and hold accountable those involved in this serious crime.”
According to the information filed in the case, KENNEDY began work as a financial analyst at Amazon in 2013. As part of his employment he signed a confidentiality statement that he would not disclose Amazon’s non-public financial information outside the company. The policy specifically mentions information such as earnings and losses as material confidential information. In April 2015, KENNEDY used his access to view and write down Amazon first quarter earnings that were going to be announced later in the month. KENNEDY provided this information to his friend. After viewing the information, the friend purchased 4400 shares of Amazon stock for $1.7 million. When the positive earnings news was announced publicly, and the stock price rose, the friend sold the shares for a gain of nearly $116,000.
The friend paid KENNEDY $10,000 in cash for the information.
As part of the plea agreement, the government will recommend KENNEDY serve no more than a year and a day in prison. However, the judge is not bound by that recommendation and KENNEDY could be sentenced to the maximum penalty of up to 20 years in prison and $5 million fine.
The Securities and Exchange Commission today filed civil charges against KENNEDY. In its complaint it identifies the friend as Maziar Rezakhani, and names him as a defendant. Rezakhani, 28, is currently serving a five year prison term for defrauding a bank, Apple, Inc., and various shipping and insurance companies. The insider trading investigation grew out of the investigation into Rezakhani’s frauds. The SEC is seeking disgorgement of all profits from Rezakhani’s alleged illegal trading. KENNEDY agreed to a settlement with the SEC. Details of the SEC action are available here.
The case was investigated by the FBI. The case was prosecuted by Assistant United States Attorney Brian Werner.
Former Alabama Legislator Pleads Guilty to Bribery Conspiracy, Fraud and Tax EvasionRead the Press Release
BIRMINGHAM – A former Alabama legislator pleaded guilty today in federal court to accepting bribes from a Birmingham lawyer and an Alabama coal company executive in exchange for advocating their employers’ opposition to EPA actions in North Birmingham. U.S. Attorney Jay E. Town, FBI Special Agent in Charge Johnnie Sharp Jr. and Internal Revenue Service, Criminal Investigation, Acting Special Agent in Charge James E. Dorsey announced the plea.
Former state representative OLIVER L. ROBINSON JR., 57, of Birmingham, entered his guilty pleas before U.S. District Court Judge Abdul K. Kallon to conspiracy, bribery and honest services wire fraud. The U.S. Attorney’s Office charged Robinson in June for accepting a valuable contract between the Birmingham law firm Balch & Bingham and the Oliver Robinson Foundation to influence and reward Robinson for using his position as a member of the Alabama House of Representatives, vice-chairman of the Jefferson County Legislative Delegation, and as an elected representative of citizens of Birmingham to pressure and advise public officials to oppose the Environmental Protection Agency’s prioritization and expansion of a North Birmingham EPA Superfund site.
Robinson represented Alabama’s House District 58 from 1998 until he resigned Nov. 30, 2016. As part of his plea, he agrees never again to seek elected office and to pay restitution and forfeiture in amounts to be determined. He is scheduled for sentencing Dec. 7 and remains free on bond.
“This lamentable pursuit of self-interest masquerading as beneficial for the little guy is more than a violation of our laws. This was a violation of the public trust and among the worst breaches of our social contract,” Town said. “All those engaged in public corruption must be brought to justice, and it matters not their benefactor or station.”
“The FBI’s stance on public corruption is that of zero tolerance and therefore it is one of our highest priorities,” Sharp said. “Public corruption is among the most serious of criminal violations and a betrayal of the public’s sacred trust. If allowed to spread unchecked, it can threaten the foundation of our government. The FBI continues to aggressively pursue those who participate in this type of crime.”
"The enforcement of tax administration is compromised with every attempt to undermine the tax system," Dorsey said. "Engaging in public corruption does not qualify as a tax exemption. The totalities of Mr. Oliver’s actions are egregious, devastating, and disappointing to the community in which he promised to serve."
Outside of the bribery charges, Robinson also pleaded guilty today to two counts of wire fraud for spending $17,783 of campaign contributions on personal items unrelated to his legislative campaigns. He pleaded guilty to a third wire fraud count for soliciting money from corporations, representing he would use it to publish a magazine or to defray costs for an annual Partnering for Progress Business Conference or the annual Alabama Black Achievers Awards Gala, which the Oliver Robinson Foundation sponsored. Robinson spent at least $250,000 of those contributions on personal items unrelated to the magazine or the annual events. Robinson also pleaded guilty to one count of tax evasion for the 2015 calendar year.
According to Robinson’s plea, the bribery conspiracy occurred as follows:
EPA designated an area of North Birmingham, including the neighborhoods of Harriman Park, Fairmont and Collegeville, as a Superfund site after finding elevated levels of arsenic, lead and benzo(a)pyrene during soil sampling.
In September 2013, EPA notified five companies, including ABC Coke, a division of Drummond Company, that they could potentially be responsible for the pollution. A company determined to be responsible for pollution within the site, known as the 35th Avenue Superfund Site, potentially faced multi-million dollar clean-up costs and fines.
In July 2014, EPA began considering the petition of a Birmingham environmental advocacy group, GASP, to expand the Superfund site to the Tarrant and Inglenook neighborhoods. EPA granted that petition in October 2014 and contracted with the Alabama Department of Environmental Management to perform the preliminary assessment.
In September 2014, EPA proposed adding the Superfund site to its National Priorities List, signaling that it required priority attention. Placement on the priorities list would allow EPA to use the federal Superfund Trust Fund to conduct long-term cleanup at the site, provided the State of Alabama agreed to pay 10 percent of the costs, which could equal millions of dollars. EPA’s decision on priority listing for the site remained pending throughout the scheme.
Balch & Bingham represented Drummond and ABC Coke in relation to the 35th Avenue site. A partner at Balch & Bingham, identified in the charges as “Attorney #1,” coordinated the response to EPA’s actions on behalf of ABC Coke and Drummond Company. A Drummond Company executive, identified as “Drummond Employee #1,” was involved with the attorney in responding to EPA. They formed the Alliance for Jobs and the Economy as a tax-exempt corporation in 2015 to raise money to help fund their opposition to the EPA actions, according to the charges.
The strategy employed by the attorney and the Drummond executive focused on protecting ABC Coke and Drummond from the tremendous potential costs associated with being held responsible for pollution within the affected areas. They sought to accomplish this goal by working to prevent EPA from listing the 35th Avenue site on the National Priorities List and expanding the Superfund site into Tarrant and Inglenook.
The plan included advising residents of North Birmingham and public officials to oppose EPA’s actions. As part of the overall strategy, Balch & Bingham paid Robinson, through his non-profit foundation, to represent Balch & Bingham’s and its clients’ interests, exclusively, in matters related to EPA’s actions in North Birmingham. Over the course of the contract in 2015 and 2016, Balch & Bingham paid $360,000 to the foundation.
One of the first tasks assigned to Robinson under the contract was to appear before the Alabama Environmental Management Commission and the director of the Alabama Department of Environmental Management in February 2015 to advance Balch & Bingham’s and its clients’ opposition to the Superfund proposals. In that appearance, Robinson said he was “really here today to try to protect the residents of north Birmingham.” He said, “[T]he thing that gets me and what is in the process of hurting the residents in that area is that the EPA has included five other corporations in on this process, but there have been no reports stating that these individuals are culpable in any way. And where that hurts the residents is the fact that we will have decades of litigation that will occur because of these five companies being added.”
Robinson asked the AEMC to help narrow the list of potentially responsible parties if there were no reports or tests implicating the corporations. Concluding, Robinson told the AEMC that if the areas of North Birmingham are designated as a Superfund site or listed on the NPL, the residents are “considered to live in a dump and nothing can happen there until it’s either cleaned up and after that, it will take tremendous investment to get it to move forward.”
Robinson concealed from AEMC and the ADEM director that Balch & Bingham and Drummond were paying the Oliver Robinson Foundation to represent their interests exclusively.
The maximum penalty for conspiracy is five years imprisonment and a $250,000 fine. The maximum penalty for bribery is 10 years imprisonment and a $250,000 fine. The maximum penalty for each count of wire fraud is 20 years imprisonment and a $250,000 fine. The maximum penalty for tax evasion is five years imprisonment and a $100,000 fine, together with the costs of prosecution.
The FBI and IRS investigated the case, which Assistant U.S. Attorneys George Martin, Robin Beardsley Mark and John B. Ward are prosecuting.
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Florida Man Pleads Guilty to Cocaine DistributionRead the Press Release
BOSTON – A Tampa, Fla., man pleaded guilty today in federal court in Springfield to distributing cocaine.
Angel Martinez, 39, pleaded guilty today to distributing cocaine in Springfield on May 19, 2015. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 30, 2017.
The charge of distribution of cocaine provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Katharine A. Wagner of Weinreb’s Springfield Branch Office is prosecuting the case.
Federal Officials Close the Investigation into the Death of Michael MooreRead the Press Release
The Justice Department will not pursue federal criminal civil rights charges against the Mobile Police Department officer (the Officer) involved in the fatal shooting of 19-year-old Michael Moore, the Department announced today.
Officials from the Civil Rights Division, the United States Attorney’s Office for the Southern District of Alabama, and the Federal Bureau of Investigation (FBI) spoke today with representatives of the Moore family to inform them of this determination. The Department makes this decision because the evidence obtained through the course of a rigorous investigation is insufficient to prove that the Officer willfully used excessive force resulting in Moore’s death.
The Department devoted significant time and resources to investigating the events surrounding Moore’s death on June 13, 2016, in Mobile, Alabama. A team of experienced career federal prosecutors from the Criminal Section of the Civil Rights Division and the United States Attorney’s Office reviewed evidence obtained by the FBI and state investigators to determine whether the Officer violated any federal laws, focusing on the application of 18 U.S.C. § 242, a federal criminal civil rights statute that prohibits certain types of official misconduct. They conducted a detailed and lengthy analysis of numerous materials, including police reports, law enforcement accounts, witness statements, affidavits of witnesses, dispatch logs, physical evidence reports, the autopsy report, photographs, videos of some portions of the incident, and conducted additional witness interviews.
The evidence developed during the investigation indicated that on June 13, 2016, the Officer conducted a traffic stop after Moore made an erratic turn. Moore had two passengers in the vehicle at the time of the traffic stop. Moore was unable to produce a driver’s license and instead provided the Officer with a license number. After running the information, the Officer learned that Moore provided him with a false driver’s license number and that the vehicle Moore was driving was reported stolen. The Officer asked Moore to step out of the car and Moore complied.
There are conflicting eyewitness accounts as to what happened once Moore exited the vehicle and these critical events were not captured on any video. The eyewitnesses to the shooting included residents and motorists traveling through the area in their vehicles. Both passengers inside Moore’s vehicle acknowledged that they saw Moore with a firearm prior to the shooting. One passenger observed a firearm in Moore’s car seat before encountering the Officer, and the other saw a firearm in Moore’s waistband once he stepped outside the vehicle. Some eyewitnesses describe Moore pulling up his pants or having his hands by his waist immediately prior to the shooting. Others describe Moore “snatching” his hand downward or “flinching” at the time of the shooting. Still others only saw Moore’s hands for a portion of the encounter or could not see them at all.
According to the Officer, Moore exited the vehicle with a cell phone in his right hand. The Officer asked Moore to put the cell phone down and when Moore bent down to place the phone on the ground, the Officer saw a gun in Moore’s waistband. The Officer commanded Moore not to reach for the gun, but Moore did so, at which time the Officer shot Moore causing Moore to fall to the ground. While on the ground, the Officer again commanded Moore not to reach for the gun. However, Moore reached for the gun, and the Officer shot him again.
Moore was transported to the University of South Alabama Medical Center where he was pronounced dead. At the hospital, emergency personnel recovered a firearm under Moore’s right hip in the waistband of his clothing. The serial number of the firearm recovered from Moore’s body matched the serial number of a firearm reported stolen earlier that day. An autopsy was conducted and determined that Moore died as a result of multiple gunshot wounds.
Under the applicable federal criminal civil rights laws, prosecutors must establish, beyond a reasonable doubt, that an officer “willfully” deprived an individual of a Constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by the law. Neither accident, mistake, fear, negligence, nor bad judgment is sufficient to establish a willful federal criminal civil rights violation.
Given the totality of the circumstances, and conflicting eye-witness testimony, the government cannot disprove the Officer’s claim that he believed that Moore was reaching for a firearm, that he feared for his life, and that he made the split-second decision to defend it. Therefore, after a careful and thorough review, a team of experienced career federal prosecutors determined that insufficient evidence exists to prove the Officer willfully violated any federal criminal civil rights statutes. Accordingly, the investigation into this incident has been closed.
Federal Officials Close the Investigation into the Death of Michael MooreRead the Press Release
The Justice Department will not pursue federal criminal civil rights charges against the Mobile Police Department officer (the Officer) involved in the fatal shooting of 19-year-old Michael Moore, the Department announced today.
Officials from the Civil Rights Division, the United States Attorney’s Office for the Southern District of Alabama, and the Federal Bureau of Investigation (FBI) spoke today with representatives of the Moore family to inform them of this determination. The Department makes this decision because the evidence obtained through the course of a rigorous investigation is insufficient to prove that the Officer willfully used excessive force resulting in Moore’s death.
The Department devoted significant time and resources to investigating the events surrounding Moore’s death on June 13, 2016, in Mobile, Alabama. A team of experienced career federal prosecutors from the Criminal Section of the Civil Rights Division and the United States Attorney’s Office reviewed evidence obtained by the FBI and state investigators to determine whether the Officer violated any federal laws, focusing on the application of 18 U.S.C. § 242, a federal criminal civil rights statute that prohibits certain types of official misconduct. They conducted a detailed and lengthy analysis of numerous materials, including police reports, law enforcement accounts, witness statements, affidavits of witnesses, dispatch logs, physical evidence reports, the autopsy report, photographs, videos of some portions of the incident, and conducted additional witness interviews.
The evidence developed during the investigation indicated that on June 13, 2016, the Officer conducted a traffic stop after Moore made an erratic turn. Moore had two passengers in the vehicle at the time of the traffic stop. Moore was unable to produce a driver’s license and instead provided the Officer with a license number. After running the information, the Officer learned that Moore provided him with a false driver’s license number and that the vehicle Moore was driving was reported stolen. The Officer asked Moore to step out of the car and Moore complied.
There are conflicting eyewitness accounts as to what happened once Moore exited the vehicle and these critical events were not captured on any video. The eyewitnesses to the shooting included residents and motorists traveling through the area in their vehicles. Both passengers inside Moore’s vehicle acknowledged that they saw Moore with a firearm prior to the shooting. One passenger observed a firearm in Moore’s car seat before encountering the Officer, and the other saw a firearm in Moore’s waistband once he stepped outside the vehicle. Some eyewitnesses describe Moore pulling up his pants or having his hands by his waist immediately prior to the shooting. Others describe Moore “snatching” his hand downward or “flinching” at the time of the shooting. Still others only saw Moore’s hands for a portion of the encounter or could not see them at all.
According to the Officer, Moore exited the vehicle with a cell phone in his right hand. The Officer asked Moore to put the cell phone down and when Moore bent down to place the phone on the ground, the Officer saw a gun in Moore’s waistband. The Officer commanded Moore not to reach for the gun, but Moore did so, at which time the Officer shot Moore causing Moore to fall to the ground. While on the ground, the Officer again commanded Moore not to reach for the gun. However, Moore reached for the gun, and the Officer shot him again.
Moore was transported to the University of South Alabama Medical Center where he was pronounced dead. At the hospital, emergency personnel recovered a firearm under Moore’s right hip in the waistband of his clothing. The serial number of the firearm recovered from Moore’s body matched the serial number of a firearm reported stolen earlier that day. An autopsy was conducted and determined that Moore died as a result of multiple gunshot wounds.
Under the applicable federal criminal civil rights laws, prosecutors must establish, beyond a reasonable doubt, that an officer “willfully” deprived an individual of a Constitutional right, meaning that the officer acted with the deliberate and specific intent to do something the law forbids. This is the highest standard of intent imposed by the law. Neither accident, mistake, fear, negligence, nor bad judgment is sufficient to establish a willful federal criminal civil rights violation.
Given the totality of the circumstances, and conflicting eye-witness testimony, the government cannot disprove the Officer’s claim that he believed that Moore was reaching for a firearm, that he feared for his life, and that he made the split-second decision to defend it. Therefore, after a careful and thorough review, a team of experienced career federal prosecutors determined that insufficient evidence exists to prove the Officer willfully violated any federal criminal civil rights statutes. Accordingly, the investigation into this incident has been closed.