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30 August 2017
Tampa Man Sentenced to Three Years for Role in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Sciven yesterday sentenced Weldon Malveau to three years in federal prison for theft of government property. The Court also ordered him to forfeit a 2010 Porsche Panamera, which is traceable to proceeds of the offense. As part of his sentence, the Court entered a money judgment in the amount of $342,563, the proceeds of the charged criminal conduct.
Malveau pleaded guilty on February 7, 2017.
According to court documents, between January 2011 and March 2012, Malveau was involved in a scheme to file false and fraudulent income tax returns with the Internal Revenue Service (IRS) in order to generate large refunds that were deposited onto debit cards. When law enforcement officers arrested Malveau in March 2012, he had 26 debit cards in his possession, in the names of different individuals, along with ledgers containing names and social security numbers. The investigation revealed that the IRS had received fraudulent tax returns and had issued refunds in the names of many of those individuals, totaling $342,563, which was traced back to Malveau.
This case was investigated by the Internal Revenue Service – Criminal Investigation and the Tampa Police Department. It was prosecuted by Assistant United States Attorney Adam M. Saltzman.
Sixteen U.S. Postal Service workers charged with accepting bribes to deliver cocaineRead the Press Release
ATLANTA – In three separate federal indictments unsealed on Tuesday August 29, 2017, 16 U.S. Postal Service (USPS) employees working in locations across the metro-Atlanta area have been charged with accepting bribes to deliver packages of kilogram-quantities of cocaine in a wide-reaching sting operation.
“Postal employees are entrusted to perform a vital service as they travel through our communities, often visiting our homes and interacting personally with our citizens,” said U.S. Attorney John Horn. “The defendants in this case allegedly sold that trust out to someone they knew to be a drug dealer, and simply for cash in their pockets they were willing to endanger themselves and the residents on their routes and bring harmful drugs into the community.”
“The allegations contained in these federal indictments are disturbing to say the least. The blatant abdication of the public trust through the criminal conduct of these sixteen U.S. Postal Service employees, absolutely stains the established trust of their peers and those that went before them at the U.S. Postal Service. While it is hoped that this extensive joint investigation and resulting federal prosecution will serve as a deterrent for others, the FBI makes it clear that public corruption remains our number one criminal program priority and, as such, we have dedicated significant resources toward the identification, investigation, and presentation for prosecution of any individuals involved in similar such conduct,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“The DeKalb County District Attorney's Office is equally committed to aggressively combating public corruption. This case highlights the importance of interagency cooperation to effectively identify, investigate, and prosecute those who abuse their positions of public trust regardless of geographical borders,” said DeKalb County District Attorney Sherry Boston.
“While the vast majority of U.S. Postal Service personnel are hard-working and trustworthy individuals who are dedicated to delivering mail and would never consider engaging in criminal behavior, these charges reflect the select few who decided to betray the trust. This type of behavior within the Postal Service is not tolerated and when employees engage in criminal behavior, the special agents of the U.S. Postal Service, Office of Inspector General (USPS OIG) vigorously investigate these matters, along with other federal and local law enforcement agencies, to hold accountable those employees who violate that public trust,” said Paul L. Bowman, USPS OIG Special Agent in Charge, Capital Metro Area Field Office.
According to U.S. Attorney Horn, the indictments, and other information presented in court: USPS employees allegedly accepted bribes from a person they believed was a drug trafficker using the U.S. mail to ship cocaine – multiple kilograms at a time – into the Atlanta area. The USPS employees are as follows:
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Cydra Rochelle Alexander, 31, of Riverdale, Georgia, a letter carrier assigned to the Ralph McGill Carrier Annex and Central City Branch of the Atlanta Post Office.
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Aurthamis O. Burch, a/k/a Tank, 46, of Snellville, Georgia, a letter carrier assigned to the Doraville Post Office.
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Kawana Rashun Champion, 35, of Jonesboro, Georgia, a clerk assigned to the North Springs Branch of the Sandy Springs Post Office and Central City Branch of the Atlanta Post Office.
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Eleanor Lolita Golden, a/k/a Eleanor Johnson, 54, of East Point, Georgia, a letter carrier assigned to the West End Branch of the Atlanta Post Office.
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Tonie Harris, 54, of Decatur, Georgia, a letter carrier assigned to the Sandy Springs Post Office.
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Leea Janel Holt, 38, of Atlanta, Georgia, a letter carrier assigned to the Old National Branch of the Riverdale Post Office.
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Clifton Curtis Lee, a/k/a Cliff, 41, of Lithonia, Georgia, a letter carrier assigned to the Sandy Springs Post Office.
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Shakeed Anilah Magee, 40, of College Park, Georgia, a letter carrier assigned to the West End Branch of the Atlanta Post Office.
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Horace Manson, 40, of Roswell, Georgia, a letter carrier assigned to the West End Branch of the Atlanta Post Office.
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Olivia Marita Moore, 25, of Atlanta, Georgia, a letter carrier assigned to the Old National Branch of the Riverdale Post Office.
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Eddie Nash, 63, of Decatur, Georgia, a letter carrier assigned to the West End Branch of the Atlanta Post Office.
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Jeffrey A. Pearson, 59, of Austell, Georgia, a letter carrier assigned to the Decatur Post Office.
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Rodney Antwain Salter, 33, of Jonesboro, Georgia, a letter carrier assigned to the Martech Branch of the Atlanta Post Office.
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Frank Webb, 40, of Lithonia, Georgia, a letter carrier assigned to the Central City Branch of the Atlanta Post Office.
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Katrina Nicole Wilson, a/k/a Trina, 38, of Fairburn, Georgia, a letter carrier assigned to the West End Branch of the Atlanta Post Office.
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Harvel Donta Young, a/k/a Dante, 39, of Atlanta, Georgia, a letter carrier assigned to the Westside Annex Branch of the Marietta Post Office.
In exchange for the bribe payments, these individuals allegedly provided special addresses that the drug trafficker could use to ship packages of cocaine. The defendants then intercepted the packages and delivered them to the drug trafficker. Unbeknownst to them, the drug trafficker was actually working with law enforcement and the packages they delivered contained fake drugs.
Some of the postal employees went on to recruit additional USPS employees to join the criminal scheme, and accepted additional money for drug packages delivered by their recruits.
Dexter Bernard Frazier, a/k/a Dec, 56, of Fairburn, Georgia, was also charged based on his role in introducing several of the defendants to the drug trafficker and coordinating logistics of the scheme in exchange for payments.
Alexander, Burch, Champion, Frazier, Golden, Harris, Holt, Lee, Magee, Manson, Moore, Nash, Salter, Webb, Wilson, and Young have been arrested and will be arraigned before U.S. Magistrate Judge Linda T. Walker.
Members of the public are reminded that the indictments only contain charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation, DeKalb County District Attorney’s Office, and U.S. Postal Service Office of Inspector General.
Assistant U.S. Attorneys Garrett L. Bradford and Jill E. Steinberg are prosecuting the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
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Sharpsburg Man Charged with Stealing his Dead Mother’s BenefitsRead the Press Release
PITTSBURGH – An Allegheny County resident has been indicted by a federal grand jury in Pittsburgh on a charge of theft of government money, Acting United States Attorney Soo C. Song announced today.
The one-count indictment named Kevin Roehlig, 56, of Sharpsburg, Pennsylvania, as the sole defendant.
According to the indictment, between November 2003 and August 2016, Roehlig converted to his own use the Social Security Title II, Old Age, Survivor’s Disability Insurance benefits of his mother, Carolyn Roehlig, who died in and around October 2003, knowing he was not entitled to said benefits. The stolen funds totaled $124,514.00.
The law provides for a maximum total sentence of not more than 10 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Charles A. Eberle is prosecuting this case on behalf of the government.
The Social Security Administration – Office of Inspector General conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Second Man Sentenced for Jewelry Store RobberiesRead the Press Release
Columbia, South Carolina --- United States Attorney Beth Drake announced today that Aquabeus Demond Moore, 37, of Atlanta, Georgia, was sentenced today to thirty-two years and one day by the Honorable Richard M. Gergel in Charleston, South Carolina. Moore was convicted of five separate counts, one count of Conspiracy to Commit Robbery Affecting Interstate Commerce, two counts of Robbery Affecting Interstate Commerce, and two counts of Brandishing a Firearm During a Violent Crime, following a four-day jury trial in United States District Court in Charleston.
Witness testimony and the evidence presented by the government during the trial established that Moore and others travelled from Atlanta to rob Sylvan Jewelers in Columbia, SC, on February 19, 2015, and MP Demetre Jewelers in Charleston, SC, on March 4, 2015. During both robberies, two masked men entered the jewelry stores during business hours. One man held the employees at gunpoint while the other man smashed the Rolex cases with sledgehammers. In total, the robbers stole 88 Rolex watches from the jewelry stores, valued at over one million dollars. Among other evidence presented during the trial, cell site location evidence established that, after traveling from Atlanta, Moore’s phone was in Columbia during the time of the Sylvans robbery and in Charleston during the time of the MP Demetre robbery. Further evidence presented during the trial established that Moore had a picture of one of the stolen Rolex watches on his phone. Investigators also recovered Moore’s fingerprint from the getaway vehicle used in the robbery of MP Demetre Jewelers.
The conviction is the result of an investigation conducted by the Federal Bureau of Investigations, City of Charleston Police Department and Columbia Police Department. Assistant United States Attorneys Nathan Williams and Emily Limehouse prosecuted the case.
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Santa Clara Pueblo Woman Sentenced for Federal Misdemeanor Assault on Child ChargeRead the Press Release
ALBUQUERUQE – Jona Chavarria, 26, an enrolled member of the Santa Clara Pueblo who resides in Albuquerque, N.M., was sentenced today in federal court to a three-year term of probation for her conviction on a misdemeanor assault on a child charge.
Chavarria was charged in a misdemeanor information filed on April 21, 2017, with assaulting a child on the Santa Clara Pueblo in Rio Arriba County, N.M., on April 15, 2016. On April 21, 2017, Chavarria pled guilty to the information, and admitted biting an 11-month old child on the face causing a visible bite mark and bruising.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services, and the Santa Clara Pueblo Tribal Police Department. Special Assistant U.S. Attorney Lucy B. Solimon prosecuted the case.
Roanoke Woman Pleads Guilty to Child Sexual Exploitation, Child Pornography ChargesRead the Press Release
Roanoke, VIRGINIA – A Roanoke woman, who repeatedly abused a 5-year-old child in her custody, pleaded guilty this morning in the United States District Court for the Western District of Virginia in Roanoke to a number of charges related to child sexual exploitation and child pornography, Acting United States Attorney Rick A. Mountcastle announced.
Shannon Marie Bobrosky, 23, of Roanoke, pleaded guilty to two counts of production of child pornography, one count of permitting the production of child pornography involving a child she had custody or control of at the time, and one count of distribution of child pornography.
According to evidence presented at this morning’s guilty plea hearing by Supervisory Assistant United States Attorney Laura Day Rottenborn, Bobrosky was the child victim’s legal guardian. Although she was responsible for the child’s physical, emotional and mental well-being, Bobrosky instead sexually abused the child, took digital photographs of the abuse, and distributed the images using text message applications and other means. According to the evidence, Bobrosky appears to have been motivated by her desire to satisfy various sexual fetishes, to include having a submissive relationship with males interested in child pornography and/or pedophilia, and seeking sexual gratification by providing such males with images of the actual or simulated sexual molestation of the child, as well as fantasies regarding the rape of the child by those males.
Acting United States Attorney Mountcastle commended Supervisory AUSA Rottenborn, and U.S. Immigration and Customs Enforcement-Homeland Security Investigations, the Federal Bureau of Investigation and the Roanoke City Police Department, whose outstanding investigation and prosecution rescued the child-victim from further sexual abuse.
Pittsburg Resident Sentenced to 84 Months in Prison for Tax Fraud SchemeRead the Press Release
SAN FRANCISCO – Ebony Standifer was sentenced today to 84 months in prison and ordered to pay $193,602 in restitution for conspiracy to file false claims, aggravated identity theft, and criminal contempt announced United States Attorney Brian J. Stretch and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The sentence was handed down by the Honorable Charles Breyer, U.S. District Judge after Standifer pleaded guilty to the charges.
According to court documents, Standifer, 30, of Pittsburg, Calif., admitted she conspired with others to file false federal income tax returns with the Internal Revenue Service from 2010 through 2012. As part of the scheme, individuals with whom Standifer conspired provided her with names of people for whom to file false tax returns. Standifer used those identities and filed returns without showing the documents to the people listed on them. In addition to inserting the person’s name and Social Security number, Standifer made up figures for income and the amount of taxes that were withheld. She then requested a tax refund based on these made-up figures. Standifer filed the false returns electronically from various locations and kept notebooks that recorded information regarding the people whose identity she misappropriated. In total, during 2010-2012, Standifer filed or assisted in filing false tax returns in the aggregate amount of $656,000 for the 2009-2011 tax years. Of that amount, the IRS actually paid fraudulent claims in the amount of $193,602.
A federal grand jury indicted Standifer on October 28, 2014, charging her with one count of conspiracy to file false claims, in violation of 18 U.S.C. § 286; five counts of wire fraud, in violation of 18 U.S.C § 1343; and three counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A. Standifer pleaded guilty on August 19, 2015, to conspiracy to file false claims and one count of aggravated identity theft.
On February 3, 2016, Standifer was charged by information with two additional counts of criminal contempt, in violation of 18 U.S.C. § 401(3). Standifer pleaded guilty to both counts on February 22, 2017, admitting that when she pleaded guilty to the original charges, she already was involved in a pending identity theft case in Nevada. Standifer acknowledged that while awaiting sentencing in this district, she used a misappropriated credit card to travel illegally to Nevada so she could attend hearings on the identity theft charges pending in that jurisdiction.
In addition to the prison term, Judge Breyer also sentenced Standifer to 36 months of supervised release.
Assistant U.S. Attorney Thomas Newman is prosecuting the case. The prosecution is the result of an investigation by the IRS, Criminal Investigation.
Pill Mill Doctor Sentenced to Nearly Four Years for Role in Opioid Distribution ConspiracyRead the Press Release
Tampa, Florida – U.S. District Judge Charlene Honeywell has sentenced Anil Sahijwani (43, Tampa) to 45 months in federal prison for illegally prescribing oxycodone, Adderall, and other controlled substances. The Court also ordered him to forfeit his DEA registration number, $182,266.66, and the value of a personally owned Porsche, all of which constitute proceeds of the offenses, or which were used in furtherance of the offenses.
Sahijwani pleaded guilty on February 23, 2017.
According to court documents, Sahijwani worked at Family Medical Express Center, Inc. in Brandon, Florida, along with several co-conspirators. He and his co-conspirators implemented a plan to sell unlawful prescriptions for oxycodone and other controlled substances to people who did not need them and who instead diverted them for sale in the community on a per-pill basis. In some cases, Sahijwani wrote prescriptions at the request of his co-conspirators in the names of people he had never examined or met. Sahijwani also sold prescriptions for oxycodone out of his car in a Tampa parking lot. During the course of the conspiracy, Sahijwani wrote unlawful prescriptions for over 18,000 oxycodone pills.
“As law enforcement addresses the ongoing opioid crisis, it is unconscionable that a physician would be part of the Pill Mill problem that has left its indelible mark on the Tampa area and the country,” said DEA Special Agent in Charge Adolphus P. Wright. “DEA, and our law enforcement partners, will remain vigilant in finding these unscrupulous medical professionals and clinics and see to it that they are prosecuted accordingly.”This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Daniel George.
Parkersburg felon sentenced to 10 years in federal prison for possession of a firearm used in drug-related shootingRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced today to 10 years in federal prison for a gun crime, announced United States Attorney Carol Casto. Tyrese Antonio McMillon, 32, previously pleaded guilty to a single-count indictment charging him with being a felon in possession of a firearm.
McMillon admitted that he possessed a Lorcin .380 pistol that was used in a shooting in a 19th Street apartment in Parkersburg on May 27, 2016. McMillon was prohibited from possessing any firearm under federal law because of a 2006 felony conviction in Cabell County Circuit Court for possession with intent to deliver a controlled substance. At the sentencing hearing, the Court found that McMillon shot a heroin dealer from Pittsburgh in the head and robbed him of heroin and a firearm. The Court further found that Parkersburg Police located the stolen heroin and firearm in a hotel room, and that McMillon possessed the key to the hotel room along with some of the heroin when he was arrested during the traffic stop of a taxi in which he was riding. Analysis by the West Virginia State Police Forensic Laboratory confirmed that the Lorcin .380 was the weapon used to shoot the heroin dealer and that gunshot residue was found on McMillon’s clothing.
The Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Joshua C. Hanks is in charge of the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Owner of Mayfield Heights company charged with failing to pay over $420,000 in taxes he withheld from employeesRead the Press Release
The owner of a Mayfield Heights company was charged with failing to pay over more than $420,000 in taxes he withheld from his employees, said U.S. Attorney Justin E. Herdman and IRS Special Agent in Charge Ryan L. Korner.
Daniel Day, 59, was charged via criminal information with 17 counts of failure to pay over taxes.
Day was the sole owner and operated or Academy Answering Service, a telephone messaging service provider. Day retained a payroll company, which prepared and provided payroll checks for Day to give to his employees. The company withheld the proper amount of taxes from each employee and prepared documents for Day to make AAS’ quarterly employment tax payments to the IRS, according to the information.
In 2008, Day directed the payroll company to discontinue making quarterly employment tax problems to the IRS due to “cash flow problems.” Day then failed to make payments of AAS employee taxes between 2008 and 2013, according to the information.
Day collected but did not pay over approximately $420,286 in employee taxes, according to the informnation.
This case was investigated by the IRS – Criminal Investigations and is being prosecuted by Assistant U.S. Attorney Robert J. Patton.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An charge is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Operation “Real Time”: Greenville Man Pleads Guilty in Federal Court to Felon in Possession of Firearms and AmmunitionRead the Press Release
Greenville, South Carolina---- United States Attorney Beth Drake stated today that Johnny Ray Hamby, age 53, of Travelers Rest, South Carolina, pled guilty in federal court in Greenville pursuant to his federal indictment for felon in possession of firearms and ammunition. United States District Court Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation has prepared a presentence report. Hamby is prohibited from possessing firearms or ammunition based on his prior felony convictions. He faces up to ten years in federal prison.
Evidence presented by the government during the guilty plea hearing established that on March 10, 2017, members of the Greenville County Sheriff’s Office (GCSO) responded to Hamby’s residence in relation to a possible drug overdose victim. During the initial investigation, GCSO observed a revolver and ammunition in plain view inside the residence. After then obtaining a search warrant for the residence, GCSO searched the house and recovered twenty-one firearms and assorted ammunition.
Hamby’s case was expedited for federal prosecution pursuant to Operation “Real Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors. Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 165 firearms as well as assorted ammunition from prohibited persons in the upstate.
U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”
The Greenville County Sheriff’s Office and ATF investigated the case. Assistant United States Attorney Max Cauthen is prosecuting the case.
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Operation "Real Time": Federal Jury Finds Greenville Felon Guilty in Firearms TrialRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake announced today that a jury returned a guilty verdict following a one-day jury trial in federal court in Greenville, South Carolina Monday. The jury found Alvin Andrae Drummond, age 41, of Greenville, guilty of possession of a firearm and ammunition by a person who had been convicted of both a felony and a misdemeanor crime of domestic violence. The trial was held before Senior United States District Judge Henry M. Herlong, Jr., of Greenville. Judge Herlong will impose a sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office. Drummond faces up to Life in prison and remains in custody.
Witness testimony and the evidence presented by the government at trial established that on May 10, 2017, deputies from the Greenville County Sheriff’s Office went to the RedRoof Inn in Greenville to investigate information they had received about methamphetamine, heroin, and pills being sold from Room 131 of the motel. The deputies were allowed into the room and found 8 people, including Alvin Drummond. The deputies saw drug paraphernalia and other indicators of drug activity and obtained a search warrant for the room. During the execution of the search warrant, deputies found a book bag that contained a loaded Smith & Wesson 38. caliber revolver, 23 additional rounds of ammunition, and Alvin Drummond’s wage paperwork.
A Greenville County Sheriff’s Office Investigator and Task Force Officer (TFO) with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) interviewed Drummond. After being advised of his Miranda rights, Drummond admitted the book bag was his, but denied knowledge of the gun. The TFO then questioned each person who had been in the room in front of Drummond, asking them if they: (1) put the revolver in the book bag; (2) saw anyone else put the gun in the book bag; or (3) if anyone else had left the room since Drummond arrived. Each person answered no to all of the questions, and Drummond stated that he did not think any of them were lying.
A Greenville County Forensic Technician arrived on scene and collected the evidence. The Forensic Technician processed the gun and found a fingerprint on the cylinder of the Smith & Wesson revolver. A Latent Print Examiner from the Greenville County Forensics Division identified the fingerprint as belonging to Alvin Drummond.
Drummond’s case was expedited for federal prosecution pursuant to Operation “Real Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors. Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 165 firearms as well as assorted ammunition from prohibited persons in the upstate.
“ATF is extremely appreciative of our partners and this collaborative effort to make our communities safer,” said Charlotte Field Division’s Special Agent in Charge C.J. Hyman. “ATF has committed our resources to help tackle illegal firearms possession and violent crime. That commitment, combined with the cooperation of the Greenville County Sheriff’s Office and other local law enforcement agencies, our federal partners, the 13th Circuit Solicitor’s Office and the U.S. Attorney’s Office, has resulted in a very successful effort with a long-term impact on violent crime in the upstate and beyond.”
U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”
The case was investigated by the Greenville County Sheriff’s Office, the Greenville County Forensic Division, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Jamie Schoen prosecuted the case.
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Onslow County Man Sentenced on Firearm and Robbery ChargesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that in federal court, Chief United States District Judge James C. Dever sentenced MATTHEW ASHLEY CUMMINGS, 26, of Hubert, NC to 144 months of imprisonment followed by 3 years of supervised release.
On May 22, 2017, CUMMINGS pled guilty to a four count indictment, consisting of two counts of Possession of a Firearm by a Felon, and one count each of Possession of Stolen Firearms and Attempted Interference with Commerce by Robbery.
The evidence established that during the early hours of September 3, 2016, CUMMINGS and an accomplice burglarized the Pamlico County home of a man who owns a gun show business. CUMMINGS broke into two gun safes and stole, among other things, over two dozen guns and approximately $241,000. The evidence further established that on November 2, 2016, CUMMINGS attempted to rob a fictitious heroin dealer in Wilmington, North Carolina. In doing so, CUMMINGS directed a confidential informant to pick him up in a car and to drive to a location where CUMMINGS retrieved a firearm to be used in the robbery. Officers arrested CUMMINGS enroute to the purported target and recovered the firearm in CUMMINGS’ possession.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Pamlico County Sheriff’s Office, and the Jacksonville Police Department. Assistant United States Attorney Jake D. Pugh is prosecuting this case on behalf of the government.
Nurse Practioner Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-305BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Brandon Coburn, 34, of West Seneca, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute fentanyl, was sentenced to 108 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that between July 2013 and May 2015, Coburn, a licensed nurse practitioner who was legally authorized to prescribe controlled substances, provided fraudulent fentanyl, oxycodone, oxymorphone, and amphetamine prescriptions to nine co-defendants. Those prescriptions were not used for legitimate medical purposes and instead were filled by the co-defendants and sold on the street in the Buffalo area. Coburn issued a total of 253 prescriptions without any legitimate medical purpose.
To date, eight of the 10 people charged in this case have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Today’s sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division.
New York City Man Sentenced to Eleven Years for Heroin Distribution ConspiracyRead the Press Release
The United States Attorney for the District of Vermont announced that Corey Carter, 32, of Brooklyn, was sentenced Tuesday in United States District Court in Rutland to 132 months of imprisonment following his guilty plea to conspiracy to distribute heroin. United States District Judge Geoffrey Crawford also ordered that Carter serve three years of supervised release following completion of his prison term. Carter had been in the custody of the United States Marshals Service since his June 2016 arrest.
Carter pleaded to a Superseding Indictment charging him with conspiring with brothers Sebastian and Yorgan Benjamin, and others, to distribute heroin in May 2016. Court records indicate that Carter and the Benjamin brothers tried to distribute heroin out of an apartment in Rutland, with Carter leaving town after setting up the Benjamins in the apartment to sell Carter’s heroin. Unbeknownst to Carter and the Benjamins, however, the apartment was part of a law enforcement operation orchestrated by the Federal Bureau of Investigation and the Vermont State Police Drug Task Force, and the Benjamins distributed Carter’s heroin to persons working with law enforcement. Court records also indicate Carter had conspired to distribute heroin in Vermont since at least 2014 until his arrest.
Both Benjamin brothers have pleaded guilty. Last month Sebastian Benjamin was sentenced to a time-served sentence of approximately four months. Yorgan Benjamin, who has not yet been sentenced, has failed to appear in court and a warrant has issued for his arrest.
This was Carter’s fourth felony conviction. He had also been convicted of felonies in New York state courts.
This case was investigated by the Vermont State Police and the FBI.
Carter is represented by Ernest Allen, III, Esq. The prosecutor is Assistant U.S. Attorney Michael Drescher.
New Jersey Man Sentenced to Six Months of Incarceration and $10,000 Fine for Hiring Twelve Unauthorized AliensRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Sanjay Gupta, 51, of Fords, New Jersey, was sentenced yesterday for illegally hiring twelve unauthorized aliens to work at his company, Doon Technologies located in Iselin, New Jersey. U.S. District Judge J. Garvan Murtha sentenced Gupta to a six-month term of incarceration and a $10,000 fine. Judge Murtha also ordered that Gupta pay restitution totaling $14,200 to foreign workers from whom Gupta obtained illegal fees and payments.
According to Court documents, Gupta admitted to recruiting 12 foreign workers with information technology expertise to work in the United States at his company Doon Technologies. Gupta then submitted forms and documentation to United States Citizenship and Immigration Services (USCIS) to obtain H1-B visas for the foreign workers with the stated purpose of working for Doon Technologies. USCIS has a visa processing center in St. Albans, Vermont which processed some of the applications submitted by Gupta. The applications Gupta submitted claimed that Doon Technologies would employ the foreign workers in the State of New Jersey, and that the foreign workers would be paid within 30 days of admission to the United States, as required. However, Gupta had no intent to follow these assurances, and instead placed the foreign workers at worksites outside the State of New Jersey, and paid the foreign workers only when work was available. Gupta’s misrepresentations to USCIS were material, in that H1-B visa allocations are designed to allow the employment of foreign workers in specialty occupations only when there are insufficient U.S. Citizens and Lawful Permanent Residents to work in those positions.
In addition, Court documents reflect that Gupta submitted fraudulent documentation to USCIS to obtain H1-B visas, specifically by forging fictitious contracts with purported customers in an effort to demonstrate that work would be available for foreign workers when they began work for Doon Technologies. Further, court documents reflect that Gupta demanded prospective H1-B visa beneficiaries pay Gupta an illegal fee for submitting the H1-B visa applications to USCIS. Gupta also demanded that H1-B visa beneficiaries pay him hundreds of dollars to retain their visas, or risk deportation.
Acting United States Attorney Eugenia A. P. Cowles commended the investigative efforts of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and the U.S. Department of Labor Office of Inspector General’s Office of Investigations – Labor Racketeering and Fraud.
The United States was represented in this matter by Assistant U.S. Attorney Jonathan A. Ophardt. Gupta was represented by David J. Williams, Esq. and Brooks G. McArthur, Esq.
Mustang Woman Pleads Guilty to $1.3 Million Embezzlement and Tax FraudRead the Press Release
Oklahoma City, Oklahoma – VANESSA L. POLLARD, of Mustang, Oklahoma, pled guilty today to wire fraud and signing a false federal income tax return in connection with a $1.3 million embezzlement from an insurance agency in Canadian County, Oklahoma, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
On August 8, 2017, Pollard was charged by information with one count of wire fraud and one count of signing a false federal income tax return. According to the charges, Pollard worked for an insurance agency as a bookkeeper from April 1999 until early August 2016. As part of her job, she reviewed monthly bank statements, made entries in an internal accounting system, and reconciled those records with a business checking account at Yukon National Bank. She was accused of writing unauthorized checks and making unauthorized interstate wire transfers from the business checking account to pay her personal credit card accounts. The information also alleged that she altered bank statements to conceal these payments from the agency’s management.
Today, Pollard pled guilty to transmitting $3,178 through interstate wires with the intent to defraud the insurance agency in January 2014. In a plea agreement, she has agreed to forfeit property purchased with funds traceable to her embezzlement, including her house in Mustang, two trucks, a sports car, three motorcycles, a boat, two jet skis, and a retirement account. She also stipulated that the total loss from her embezzlement was $1,344,915.02.
In addition to pleading guilty to wire fraud, Pollard pled guilty to signing a false tax return. She admitted that on May 13, 2013, she signed a personal federal tax return for the 2012 calendar year that she knew was false because it reported only $50,736 in total income when she knew her 2012 income was substantially higher.
At sentencing, Pollard faces up to 20 years in prison on the wire fraud count, plus three years of supervised release, a $250,000 fine, and restitution. She also faces up to three years in prison on the tax count, in addition to one year of supervised release, a $250,000 fine, and restitution to the Internal Revenue Service for the tax loss. She will be sentenced in approximately 90 days. Reference is made to the information and other public filings for further information.
This case is the result of an investigation by the Internal Revenue Service–Criminal Investigations and the United States Secret Service. The case is being prosecuted by Assistant U.S. Attorney Mark R. Stoneman.
Mountville Man Enters Guilty Plea in Federal Court to Possession with Intent to Distribute Crack Cocaine ChargesRead the Press Release
Greenville, South Carolina---- United States Attorney Beth Drake stated today that Corey Rashad Yeargin, age 24, of Mountville, South Carolina, pled guilty in federal court in Greenville, pursuant to an indictment for possession with intent to distribute crack cocaine. United States District Court Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation prepares a presentence investigation report. Yeargin faces up to 20 years in federal prison.
Evidence presented by the government during the plea established that on October 5, 2016, members of the Laurens County Sheriff's Office (LCSO) executed a search warrant at a residence in Cross Hill, South Carolina. LCSO Deputies heard gunfire as they approached the residence and detained multiple individuals, including Yeargin, at the residence. LCSO located a bag containing 13 grams of crack cocaine in Yeargin’s pocket.
The Laurens County Sheriff’s Office and ATF investigated the case. Assistant United States Attorney Max Cauthen is prosecuting the case.
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Mississippi Man Charged with Sexual Abuse of Minor on Cruise ShipRead the Press Release
BOSTON – A Mississippi man was charged today in federal court in Boston for sexually assaulting a minor during a cruise from Boston to Bermuda.
Adam Christopher Boyd, 30, of Bay Springs, Miss., was charged with one count of sexual abuse of a minor. He is currently in Bermuda, awaiting extradition to the United States.
According to court documents, Boyd was a passenger on a seven-day cruise from Boston to Bermuda. While the ship was docked in Bermuda, Boyd allegedly raped a minor passenger while the two were onboard the ship. The child subsequently reported the rape to ship security, who notified Bermudian authorities. In the course of the Bermuda Police Service’s initial investigation, they arrested Boyd and notified authorities in the United States.
Sexual abuse of a minor carries a sentence of no greater than 15 years in prison, a minimum of five years and up to a lifetime of supervised release and a fine of up to $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 Office, made the announcement today. Valuable assistance was also provided by U.S. Customs and Border Protection, the Bermuda Police Service, Massachusetts Port Authority and FBI Legat Bridgetown, Barbados, Sub Office Nassau. 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 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 document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Miami-Dade Resident Sentenced to More Than 6 Years in Prison for Operating a Miami Spa Performing Illicit Silicone InjectionsRead the Press Release
Benjamin G. Greenberg, United States Attorney for the Southern District of Florida; Justin D. Green, Special Agent in Charge, U.S. Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), Miami Field Office; Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Miami Field Office; and Juan J. Perez, Director, Miami-Dade Police Department (MDPD), announced the six year sentence imposed upon Maribel Jimenez for operating a Miami spa which performed illicit silicone injections.
On June 16, 2017, Jimenez previously pled guilty for her participation in a conspiracy and delivery for pay of an adulterated and misbranded device received in interstate commerce with the intent to defraud and mislead. United States District Judge Kathleen M. Williams sentenced Jimenez to the maximum five year (60 month) sentence for the conspiracy, to be followed by a consecutive term of 19 months in prison for the remaining count of conviction. In addition, the Court sentenced Jimenez to three years of supervised release and ordered her to forfeit $1,168,353. A restitution hearing has been scheduled for December 1, 2017.
According to the court record, including an agreed upon factual statement, Jimenez and her co-defendant, Magaly del Rosario (who is scheduled for sentencing on September 19, 2017, following her previous guilty plea), conspired from 2008 through August 2015 to receive and deliver an adulterated and misbranded “medical device” for pay which consisted of silicone used illegally for body contouring injections. Jimenez further admitted to having unlawfully injected this substance into hundreds of clients seeking buttocks augmentation at Bella Beauty Spa (“Bella Beauty”), a business owned by Jimenez and located at 8360 West Flagler Street in Miami. The silicone was unlawfully smuggled into the United States from Colombia throughout the period of the criminal conspiracy by means of multiple DHL deliveries of bottles falsely labeled as containing depilatory wax.
During the course of the criminal conduct, Jimenez “repeatedly and consistently” informed Bella Beauty’s clients that they would be injected with a substance that was safe, non-permanent and capable of being absorbed by the body over time,” while she “knew this not to be the case.” Jimenez and her co-defendant falsely claimed that the substance was hydrogel, hyaluronic acid, Juvederm or Restylane, or other such substances. They did not inform clients that the dermal filler material was in fact silicone, a substance known to be harmful if injected into the human body. The potentially dangerous and harmful health risks that could result from the injection of the illicit silicone include: the potential of injection into a blood vessel resulting in embolism, migration of injected silicone to other bodily regions, infection and infection-related disorders, silicone-filled scar tissue formations (“granulomas”) caused by the body’s attempt to encapsulate such a foreign substance, necrosis, skin discoloration, immune system hyperactivity and related adverse systemic conditions, disfigurement, discomfort, and pain.
Mr. Greenberg commended the investigative efforts of FDA-OCI, ICE-HSI and MDPD. Mr. Greenberg also thanked U.S. Customs and Border Patrol and the Colombian National Police for their assistance. This case is being handled by Assistant U.S. Attorneys Peter Outerbridge and Miesha Darrough.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at http://www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Memphis Man Pleads Guilty to Assaulting Federal Law Enforcement Officers in NashvilleRead the Press Release
Anthony Allen, of Memphis, Tenn., pleaded guilty today in U.S. District Court, to assaulting a federal law enforcement officer and to federal firearms violations, announced Acting U.S. Attorney Jack Smith of the Middle District of Tennessee.
“This defendant is facing more than a decade in federal prison - a sentence that reflects the seriousness of his actions’” said Acting U.S. Attorney Jack Smith. The U.S. Attorney’s Office will continue to take a zero tolerance approach to violence directed at our law enforcement officers. Serious consequences await those who choose to make the unwise decision to assault a law enforcement officer.”
According to court documents, on July 31, 2015, agents with the FBI and officers with the Metropolitan Nashville Police Department executed a federal search warrant at a house on Lanewood Court in Nashville. This search warrant was obtained in furtherance of an investigation into drug trafficking and firearms violations.
When agents knocked on the front door and announced their presence, Allen opened the front door, pointed a semiautomatic pistol through the doorway and discharged the firearm in the direction of agents, before closing the door. Minutes later, Allen complied with commands of law enforcement officers, exited the house and was taken into custody.
On August 5, 2015, a federal grand jury returned a 4-count indictment, charging Allen with assault of a federal law enforcement officer; discharging a firearm during and in relation to a crime of violence; possession of a firearm by a previously convicted felon; and possession of ammunition by a previously convicted felon. Allen pleaded guilty today to all counts of the indictment.
Allen faces a mandatory minimum sentence of 10 years in prison, on the discharging a firearm charge, which must be consecutive to any sentence imposed on the other charges, when he is sentenced later this year.
This case was investigated by the FBI; the Bureau of Alcohol, Tobacco Firearms & Explosives; and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Clay Lee is prosecuting the case.
Lorain man and federal prison inmate indicted in murder-for-hire conspiracyRead the Press Release
A Lorain man and an inmate at a federal prison in New Jersey were indicted for their conspiracy to commit murder for hire and to distribute cocaine, law enforcement officials said.
Indicted are Eduardo Rios Velasquez, 36, of Lorain, and Angel Cordero, 36, an inmate at Fort Dix Federal Correctional Institution.
Velasquez and Cordero had previously been incarcerated together. Cordero was in contact with Velasquez in the summer of 2017 through a contraband cellular phone that had been smuggled into Fort Dix, according to court documents.
Cordero put Velasquez in contact with another inmate. Velasquez offered to pay the other inmate money if he could provide Velasquez with the address for a woman identified in court documents as T.G. Cordero told the inmate that Velasquez had been hired to kill T.G, according to court documents
Additionally, another person supplied Velasquez with large shipments of cocaine, with Cordero serving as the broker in the deals. Federal law enforcement authorities intercepted a kilogram of cocaine in July that was being shipped to Velasquez, according to court documents.
“This was a tremendous effort by law enforcement to avert a tragedy,” U.S. Attorney Justin E. Herdman said.
“These two individuals are alleged to be so bold as to hire a hitman and order the movement of cocaine, all while serving time for past crimes. Even behind bars, they continue to show a blatant disregard for authority,” said Angel M. Melendez, special agent in charge of HSI New York. “It is with the investigative know-how and collaboration with our law enforcement partners, like the FBI, that we can ensure these perpetual criminals face additional charges for their actions.”
“This individual is being held accountable for his ruthless willingness to kill someone for money,” said FBI Special Agent in Charge Stephen D. Anthony. “The FBI Cleveland Division commends the collaboration between the law enforcement agencies involved in disrupting this conspiratorial murder for hire.”
If convicted, each defendant’s sentence will be determined by the Court after review of factors unique to this case, including each defendant’s prior criminal record, if any, each defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorneys Brian McDonough, Brad Beeson and Special Assistant U.S. Attorney Hiral Mehta following an investigation by the New York Department of Homeland Security, the New York Drug Enforcement Task Force and the Federal Bureau of Investigation’s Cleveland office, with assistance from the U.S. Attorney’s Office for the Eastern District of New York.
An indictment is only a charge and is not evidence of guilt. The defendants are entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Liberian National Charged with Assaulting Deportation Officer During RemovalRead the Press Release
BOSTON - A Liberian national was charged today in federal court in Boston with assaulting a deportation officer at Logan International Airport during removal.
Mohammed Kenneh, 35, was charged with assault on a federal officer and is scheduled to appear before Magistrate Judge M. Page Kelley today at 2:45 PM.
On July 16, 2016, Kenneh was ordered removed from the United States back to Liberia. On Aug. 29, 2017, Kenneh was transported to Logan International Airport for removal. Once at the airport, Kenneh was met by two deportation officers who asked him to exit the van in which he arrived. Kenneh refused to exit the van; therefore, one of the officers entered the van and attempted to remove Kenneh from the vehicle. Kenneh resisted the officer and struck the officer on the head and shoulders multiple times, eventually knocking the officer onto the floor of the van. Kenneh then wrapped his handcuffed hands around the officer’s wrist and hands and refused to release the officer. Another officer then entered the van and, together, the two officers were able to remove Kenneh from the van onto the sidewalk. A decision was then made to abort the removal proceedings and return Kenneh to Immigration and Customs Enforcement custody.
Kenneh faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 and will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Christopher Cronen, Field Office Director, Enforcement and Removal Operations Boston Field Office, U.S. Immigration and Customs Enforcement, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lawrence Police Officer Agrees to Plead Guilty to Attempted Extortion ChargesRead the Press Release
Boston – A 16-year veteran officer of the Lawrence Police Department agreed to plead guilty today in connection with attempting to use his position as a police officer to extort cocaine from a drug trafficker.
John R. Desantis Jr., 45, of Methuen, agreed to plead guilty today to one count of extortion and attempted extortion under color of official right and through the use of threatened force and fear. U.S. District Court Judge F. Dennis Saylor IV deferred acceptance of the plea until the sentencing hearing, which is scheduled for Nov. 17, 2017.
Desantis had been purchasing small amounts of cocaine once or twice a week from a drug trafficker for 10-12 months without identifying himself as a police officer. On May 16, 2016, during a drug transaction at his home, Desantis displayed his gun and badge, seized the cocaine and threatened to arrest the drug trafficker if he did not continue to supply him with drugs. Desantis thereafter continued to communicate with the drug trafficker through text messages, telling him, “you will not be arrested at all if you do as I tell you to.”
The charging statute provides a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. If the court accepts the plea, Desantis will be sentenced to no less than 12 months and no greater than 18 months 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Lawrence Police Chief James X. Fitzpatrick made the announcement today. Assistant U.S. Attorney Kristina Barclay of Weinreb’s Public Corruption Unit is prosecuting the case.
Knoxville Man Charged with June Robbery of Mt. Washington BankRead the Press Release
PITTSBURGH – A former Pittsburgh resident has been indicted by a federal grand jury in Pittsburgh on a charge of violating the federal robbery laws, Acting United States Attorney Soo C. Song announced today.
The one-count indictment named Joseph Abbinanti, age 49 as the sole defendant.
According to the indictment, on June 29, 2017, Abbinanti robbed the PNC Bank, located at 236 Shiloh Street, Pittsburgh, PA, of $2,420.00.
The law provides for a maximum total sentence of not more than 20 years in prison, a fine of not more than $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, Pittsburgh Bureau of Police, and Allegheny County Sheriff’s Department conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Indictment: Former Controller Embezzled $175,000+ from Kechi CompanyRead the Press Release
KANSAS CITY, KAN. - A grand jury returned an indictment here today charging the former controller of a company in Kechi with embezzling more than $175,000, U.S. Attorney Tom Beall said.
Richard H. Yust, 64, Hutchinson, Kan., is charged with five counts of wire fraud. The crimes took place while Yurst was responsible for overseeing the financial operations of F&H Insulation Sales and Service, Inc. The indictment alleges he used company credit cards to make unauthorized purchases and he made unauthorized payments to his wife and son.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000 on each count. The FBI investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
OTHER INDICTMENTS
Jose Badilla, 33, Kansas City, Kan., is charged in a superseding indictment with two counts of possession with intent to distribute methamphetamine, one count of possession with intent to distribute more than a kilogram of heroin, two counts of unlawful possession of a firearm in furtherance of drug trafficking, two counts of maintaining a residence in furtherance of drug trafficking, and one count of possession with intent to distribute more than 100 grams of heroin. The crimes are alleged to have occurred in March and August 2017 in Wyandotte County, Kan.
The indictment alleges Badilla maintained residences in furtherance of drug trafficking in the 2800 block of North 51st Street and the 3500 block of Ohio Avenue in Kansas City, Kan.
Upon conviction, the crimes carry the following penalties:
Possession with intent to distribute methamphetamine: Not less than 10 years in federal prison and a fine up to $10 million on each count.
Possession with intent to distribute heroin: Not less than 10 years and a fine up to $10 million.
Unlawful possession of a firearm in furtherance of drug trafficking: Not less than five years and a fine up to $250,000 on each count.
Maintaining a drug involved premises: Up to 20 years and a fine up to $500,000 on each count.
Possession with intent to distribute more than 100 grams of heroin: Not less than five years and not more than 40 years and a fine up to $5 million.
The Kansas Bureau of investigation investigated. Assistant U.S. Attorney David Zabel is prosecuting.
Angel D. Mora, 18, Kansas City, Kan., and Ramiro G. Whitney, 20, Kansas City, Kan., are charged with stealing pistols, rifles and shotguns from Little Joe’s Pawn and Gun in Kansas City, Kan.
If convicted, they face up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney David Zabel is prosecuting.
Robert M. Purinton, 69, formerly of Overland Park, Kan., is charged with three counts of filing false tax returns for 2010, 2011 and 2012 that failed to report some of his income.
If convicted, he faces up to three years in federal prison and a fine up to $250,000 on each count. The Internal Revenue Service investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Harrison County woman sentenced for conspiring with others to distribute illegal drugsRead the Press Release
CLARKSBURG, WEST VIRGINIA – Megan Eileen Dunigan, 29, of Mount Clare, West Virginia, was sentenced today to 36 months incarceration for possession and distribution of an illegal substance, Acting United States Betsy Steinfeld Jividen announced.
Dunigan pled guilty to one count of “Conspiracy to Distribute and Possess with Intent to Distribute MAM2201 and Buprenorphine” in July 2017. She admitted to having conspiring with others to distribute illegal substances in Harrison County, West Virginia from April 2014 to April 2016.
Assistant U.S. Attorney Andrew R. Cogar prosecuted the case on behalf of the government. The U.S. Postal Inspection Service, The West Virginia State Police, and the Greater Harrison Drug & Violent Crime Task Force investigated.
Senior U.S. District Judge Irene M. Keeley presided.Harrisburg Man Indicted on Drug and Firearms ChargesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Maurice Lackey, age 38, of Harrisburg, Pennsylvania, was indicted by a federal grand jury for possession with intent to distribute crack and marijuana, possession of two firearms by a convicted felon, and possession of firearms in furtherance of drug trafficking.
According to U.S. Attorney Bruce D. Brandler, the indictment alleges that on June 18, 2017, after a traffic stop, Lackey was arrested by Harrisburg Police when officers found crack, marijuana and two loaded Sig Sauer handguns in Lackey’s vehicle.
The matter was investigated by the Harrisburg Police Department Street Crimes Unit and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Scott R. Ford is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
Indictments 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 for this offense is up to life in prison, 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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Guatemalan Deported Three Times Charged with Illegally Re-entering United StatesRead the Press Release
PITTSBURGH - A citizen of Guatemala has been indicted by a federal grand jury in Pittsburgh on a charge of reentry of removed alien, Acting States Attorney Soo C. Song announced today.
The one-count indictment named Alex Grajea-Navarro, 26, as the sole defendant.
According to the indictment, the Grajea-Navarro, who was previously removed from the United States on August 13, 2010, September 23, 2011, and February 10, 2016, was found in Pittsburgh, Pennsylvania on July 27, 2017, without having applied for or received permission to reenter the United States from the Secretary of the Department of Homeland Security.
The law provides for a maximum total sentence of two years in prison, one year supervised release, and a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Mary McKeen Houghton is prosecuting this case on behalf of the government.
United States Immigration and Customs Enforcement (ICE)/ Homeland Security Investigations (HSI) conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Greenville Man Enters Guilty Plea on Federal Firearms ChargesRead the Press Release
Greenville, South Carolina---- United States Attorney Beth Drake stated today that Oran Kenta Crisp, age 37, of Greenville, South Carolina, pled guilty in federal court in Greenville pursuant to a federal indictment for felon in possession of a firearm and ammunition. United States District Court Judge Timothy M. Cain accepted the plea and will impose sentence after United States Probation has prepared a presentence investigation report. Crisp faces up to ten years in federal prison and remains in custody.
Evidence presented by the government during the plea established that on March 23, 2017, members of the Greenville County Sheriff’s Office (GCSO) deputies responded to a shots-fired call at a residence in Greenville. Pursuant to their investigation on scene, GCSO recovered a Smith and Wesson .40 caliber pistol, a magazine loaded with .40 caliber ammunition in the back yard, and a spent .40 caliber cartridge in the front yard. When interviewed by GCSO, Crisp told responding Deputies that he was arguing with a friend over the return of a car and fired the weapon.
Crisp’s case was expedited for federal prosecution pursuant to Operation “Real Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. “Real Time” is a working collaboration between local, state, and federal law enforcement as well as state and federal prosecutors. Since August of 2015, the initiative has resulted in the expedited federal prosecution of over 120 defendants and seizure of over 165 firearms as well as assorted ammunition from prohibited persons in the upstate.
U.S. Attorney Beth Drake commended the partnership between local, state, and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case. “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing and we welcome the opportunity to work alongside our state chiefs, sheriffs, and solicitors in taking violent repeat offenders out of our communities.”
The Greenville County Sheriff’s Office and ATF investigated the case. Assistant United States Attorney Max Cauthen is prosecuting the case.
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Frankfort Man Indicted for Bribery of State EmployeeRead the Press Release
LEXINGTON, Ky. – A Frankfort, Ky., man was indicted today for charges alleging a scheme to bribe an employee of the Commonwealth of Kentucky.
A federal grand jury in Lexington returned an indictment charging 64 year-old James Sullivan with one count of conspiring to bribe and three counts of payments to influence an employee of a federally funded program.
The indictment alleges that Sullivan agreed to make cash payments to Timothy Longmeyer, to influence decisions that Longmeyer made while an employee of the Commonwealth of Kentucky.
As alleged in the indictment, Sullivan first offered to bribe Longmeyer in 2009. At that time, Sullivan represented a company that held a contract to administrate workers’ compensation claims filed by state employees. The Personnel Cabinet managed this program, giving Longmeyer oversight over the workers’ compensation contract. Between 2009 and approximately June 2015, Sullivan made multiple cash payments to Longmeyer, each time intending that Longmeyer would help with awarding, extending, and renewing the contract for Sullivan’s client. The indictment alleges that Sullivan made cash payments of $5,000 and $4,000 to Longmeyer, among other payments that were part of the conspiracy.
The indictment also alleges that Sullivan sought Longmeyer’s assistance on behalf of several private attorneys that Sullivan represented. Sullivan asked Longmeyer to identify opportunities for those attorneys to secure contracts to handle civil litigation for the Attorney General’s Office. Sullivan presented Longmeyer $1,000 in cash, intending to receive his assistance. Longmeyer is not alleged to have committed any criminal conduct while employed by the Kentucky Attorney General.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky, and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly announced the indictment.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation. The indictment was presented to the grand jury by Assistant U.S. Attorney Andrew T. Boone.
A date for Sullivan to appear in court has not yet been scheduled. He faces up to 5 years in prison for the conspiracy charge and up to 10 years in prison for each of the bribery charges, and a maximum fine of $250,000 for each count. However, any sentence following a conviction would be imposed by the Court, after consideration of the U.S. Sentencing Guidelines and the federal statutes.
Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.
Four Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that four previously deported aliens were indicted today by a federal grand jury for illegal re-entry into the United States by a previously deported alien.
According to United States Attorney Bruce D. Brandler, Jose Solorzano-Rojas, age 39, of Mexico, was previously deported from the United States to Mexico in September 2009. He is alleged to have illegally re-entered the United States sometime after September 2009, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers. In January 2008, he was convicted in the York County Court of Common Pleas of carrying a firearm without a license, an offense which subjects him to enhanced penalties in the current case.
Because of Solorzano-Rojas’ previous conviction, under federal law he faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
Ervin Vasquez-Salas, age 26, of Mexico, was previously deported from the United States to Mexico in April 2011. He is alleged to have illegally re-entered the United States sometime after April 2011, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Erick Quinto-Correa, age 27, of Mexico, was previously deported from the United States to Mexico in September 2010. He is alleged to have illegally re-entered the United States sometime after September 2010, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Christian Guardado-Alvarenga, age 27, of El Salvador, was previously deported from the United States to El Salvador in May 2012. He is alleged to have illegally re-entered the United States sometime after May 2012, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Vasquez-Salas, Quinto-Correa and Guardado-Alvarenga all face a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
All four cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.
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.
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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Former Springfield School District Employee Sentenced to 18 Years for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a former employee at a Springfield, Mo., middle school was sentenced in federal court today for producing child pornography and distributing child pornography over the Internet.
Carrie Anne Allred, 34, of Springfield, was sentenced by U.S. District Judge M. Douglas Harpool to 18 years in federal prison without parole. Allred was immediately taken into custody at the conclusion of today’s sentencing hearing.
On March 22, 2017, Allred pleaded guilty to one count of the sexual exploitation of a child for the purpose of producing child pornography, and one count of receiving and distributing child pornography.
Prior to her arrest, Allred worked for five years in the kitchen at Wilson Creek Middle School. An officer with the Southwest Missouri Cybercrimes Task Force was conducting an undercover investigation on Sept. 20, 2012, and identified Allred’s computer as sharing images of child pornography over the Internet through a peer-to-peer file-sharing network. Law enforcement officers executed a search warrant at her residence on Jan. 8, 2013, and seized a computer and two hard drives.
According to court documents, Allred video-recorded her dog performing a sexual act on a four-year-old child. Investigators located a substantial amount of child pornography of prepubescent children during their forensic examination of Allred’s electronic devices. Allred also admitted that she broadcasted, via webcam, videos of herself engaged in bestiality with her dogs.
This case was prosecuted by Assistant U.S. Attorney Ami Harshad Miller. It was investigated by the FBI and the Southwest Missouri Cybercrimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Former Penndot Employee Charged with Issuing Illegal Licenses and BriberyRead the Press Release
A federal indictment was unsealed today charging Henry Gibbs and Bakary Camara with conspiracy, bribery and other charges, announced Acting United States Attorney Louis D. Lappen
According to allegations contained in the indictment, Gibbs, a former driver’s license examiner with the Pennsylvania Department of Transportation (“PennDOT”), accepted cash payments in exchange for the issuance of driver’s licenses to others, including foreign nationals, who failed to take the required tests and to provide acceptable proof of residency. Gibbs accepted falsified documents to establish proof of residence, including utility bills, cellular telephone bills and insurance documents as well as tax letters containing identifying information for other people. Camara provided Gibbs the names, dates of birth, driver’s license numbers and/or social security numbers for the driver’s license recipients and paid Gibbs cash to improperly issue both non-commercial and commercial driver’s licenses
Gibbs and Camara are charged with conspiracy to produce identification documents without lawful authority and bribery concerning agencies receiving federal funds. The charge of conspiracy carries a maximum sentence of 15 years in prison and a $250,000 fine; and the charges of bribery concerning agencies receiving federal funds carry a maximum sentence of 10 years in prison and a $250,000 fine.
Gibbs is also charged with false statements to government agents, which carries a maximum sentence of 5 years in prison and a $250,000 fine. Additionally, Camara is charged with aiding and abetting social security fraud and aggravated identity theft, which carry a maximum sentence of 5 years’ imprisonment and a $250,000 fine. He also faces a 2-year mandatory minimum term of imprisonment that must run consecutive to any other sentence for the aggravated identity theft charge.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
The case was investigated by the Department of Homeland Security and the Social Security Administration, Office of Inspector General. It is being prosecuted by Assistant United States Attorney Tomika N.S. Patterson of the U.S. Attorney’s Office for the Eastern District of Pennsylvania.
Former Homer police officer pleads guilty to conspiring to commit mail fraudRead the Press Release
SHREVEPORT, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a former Homer Police officer pleaded guilty to his role in a vehicle fraud theft and insurance scheme.
Donald W. Malray, 52, of Homer, La., pleaded guilty before U.S. Magistrate Judge Mark Hornsby to one count of mail fraud conspiracy. The plea will become final when accepted by U.S. District Judge S. Maurice Hicks Jr. According to the guilty plea, Malray and another individual planned a scheme to fake a vehicle and trailer theft, and then file an insurance claim to collect the money on the value of the property. On August 4, 2015, Malray and the other individual transferred the ATV and trailer to Malray’s possession after they met in Ruston, La. Malray then instructed the other individual to call the Homer Police Department and report the ATV and trailer stolen. The insurance company paid the individual in the conspiracy with Malray approximately $13,000 on September 8, 2015. Law enforcement agents recovered the ATV and trailer on January 31, 2017 in Ruston, La.
Malray faces up to 20 years in prison, three years of supervised release and a $250,000 fine. The court set a sentencing date of December 6, 2017.
The DEA and the Claiborne Parish Sheriff’s Office conducted the investigation. Assistant U.S. Attorney James G. Cowles Jr. is prosecuting the case.
Former Davenport Alderman Bill Boom Sentenced to Two Years of Probation for Making False Statements to a Federal Grand JuryRead the Press Release
DAVENPORT, IA – On August 30, 2017, Chief United States District Court Judge John A. Jarvey sentenced William Boom to two years of probation, a $5,000 fine, 80 hours of community service, and a $100 special assessment to the Crime Victims’ Fund for making false statements to a federal grand jury, announced United States Attorney Kevin E. VanderSchel. Boom’s probation terms include, but are not limited to, refraining from illegal possession and/or use of a controlled substance and participation in a substance abuse testing and/or treatment program.
On April 18, 2017, Boom pleaded guilty to the offense. During his plea, Boom admitted in July of 2016, he was placed under oath and testified before a federal grand jury in Davenport. During his testimony, Boom was advised by an Assistant United States Attorney of his oath to testify truthfully and potential criminal penalties for providing false testimony. Boom made the following declarations to the Assistant United States Attorney’s questions during his testimony:
Q: Prior to April 6th of 2016, were you aware that G.W. used methamphetamine?
A: I wasn’t aware that he used methamphetamines. There was a time when I found a syringe in his room, but he told me that that was from one of his friends that had diabetes. But every time that I suspected something, I would give him holy hell.
Q: So prior to April 6th of 2016, were you aware that G.W. used ice methamphetamine?
A: No.
Q: Have you ever given the person depicted in Exhibit 1 any money?
A: No. The only person I ever gave money to was G.W., or his relatives, but never to this gentleman.
The person depicted in Grand Jury Exhibit 1 was Joseph Allen Terry, also known as Lump and/or Lumpy. At the time, Boom knowingly made these false declarations. Prior to April 6, 2016, Boom knew G.W. used methamphetamine and Boom had given money to Terry, who has since pleaded guilty to conspiracy to distribute methamphetamine and will be sentenced on September 21, 2017. These questions and answers were material to an investigation into the distribution of methamphetamine in the Southeastern Iowa.
The Scott County Sheriff’s Office conducted the investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at [email protected].
Former Columbia Sportswear Information Technology Employee Pleads Guilty to Computer IntrusionsRead the Press Release
PORTLAND, Ore. – On Wednesday, August, 30, 2017, Michael Leeper, 41, of Tigard, Oregon, pleaded guilty in United States District Court to intentionally accessing the Columbia Sportswear Company’s network without authorization in violation of 18 U.S.C. § 1030.
From May 2000 to February 2014, Leeper was employed by Columbia and eventually became the company’s Director of Technical Infrastructure in 2012. In March 2014, Leeper resigned from his position with Columbia and began working for an information technology vender. After leaving Columbia, Leeper remotely accessed the company’s network on a continuous basis, accessing and viewing commercially valuable and private information.
Leeper faces a maximum sentence of 10 years in prison, a $250,000 fine and three years of supervised release. His sentencing hearing is scheduled for December 7, 2017 before United States District Court Judge Robert E. Jones.
“As a result of the Columbia Sportswear Company’s cooperation and a thorough investigation by the FBI’s Oregon Cyber Task Force, we have secured an appropriate conviction” said Billy J. Williams, United States Attorney for the District of Oregon. “Unauthorized computer intrusion is a serious crime, and those that unlawfully gain sensitive or proprietary information must be held accountable for their illegal conduct.”
This case was investigated by the FBI’s Oregon Cyber Task Force and prosecuted by Scott E. Bradford, Assistant United States Attorney for the District of Oregon.
Fishing Vessel Owner Convicted for Oil and Garbage Offenses Off American SamoaRead the Press Release
A fishing vessel company that operated in and around American Samoa was convicted and sentenced today for maintaining false and incomplete records relating to the discharge of oil and garbage, announced Acting Assistant Attorney General Jeffrey H. Wood of the Environment and Natural Resources Division and United States Attorney Channing D. Phillips. The company, Yuh Fa Fishery (Vanuatu) Co. Ltd., owned the Fishing Vessel (“F/V”) Yuh Fa No. 201, the vessel that was responsible for the pollution.
Yuh Fa Fishery (Vanuatu) Co. Ltd., admitted that its engineers failed to document the illegal dumping of oily bilge water into the waters of the South Pacific Ocean without the use of required pollution prevention equipment. The Chief Engineer onboard the F/V Yuh Fa No. 201 acknowledged that there had been discharge of oil to the sea that caused a visible sheen upon the water and that he did not log this discharge in the vessel’s Oil Record Book, as required by law. The company also admitted that its engineers made several modifications using flexible hoses to the vessel’s piping system, which allowed oily bilge water and oil sludge to be discharged directly overboard.
The company further admitted that between June 2013 and June 2016, senior engineers regularly failed to accurately record the transfer and disposal of oil waste in the vessel’s Oil Record Book. The vessel’s captains also failed to properly maintain a Garbage Record Book, and Yuh Fa Fishery (Vanuatu) Co. Ltd., was unable to accurately account for the storing, sorting, and disposal of garbage during the vessel’s extended fishing trips. The Coast Guard relies on such records to determine whether vessels are illegally dumping oil and garbage at sea. As a result, tons of oil sludge, waste oil, oily bilge water, and garbage produced by the vessel remain unaccounted for.
The company pleaded guilty to two felony violations of the Act to Prevent Pollution from Ships, 33 U.S.C. § 1908(a), for failing to accurately maintain an Oil Record Book and a Garbage Record Book. Under the terms of the plea agreement, the company will pay a total fine of $2.5 million, which includes a community service payment of $625,000 for use in the National Marine Sanctuary of American Samoa. Yuh Fa Fishery (Vanuatu) Co. Ltd., will also serve a 5-year period of probation.
The case against Yuh Fa Fishery (Vanuatu) Co. Ltd., was investigated by U.S. Coast Guard personnel in American Samoa and Honolulu, Hawaii. The case was prosecuted by Trial Attorney Stephen Da Ponte of the Environmental Crimes Section of the Department of Justice, and Assistant U.S. Attorney Frederick W. Yette of the U.S. Attorney's Office for the District of Columbia.
Fishing Vessel Owner Convicted for Oil and Garbage Offenses Off American SamoaRead the Press Release
WASHINGTON – A fishing vessel company that operated in and around American Samoa was convicted and sentenced today for maintaining false and incomplete records relating to the discharge of oil and garbage, announced Acting Assistant Attorney General Jeffrey H. Wood of the Environment and Natural Resources Division and U.S. Attorney Channing D. Phillips. The company, Yuh Fa Fishery (Vanuatu) Co. Ltd., owned the Fishing Vessel (“F/V”) Yuh Fa No. 201, the vessel that was responsible for the pollution.
Yuh Fa Fishery (Vanuatu) Co. Ltd., admitted that its engineers failed to document the illegal dumping of oily bilge water into the waters of the South Pacific Ocean without the use of required pollution prevention equipment. The Chief Engineer onboard the F/V Yuh Fa No. 201 acknowledged that there had been discharge of oil to the sea that caused a visible sheen upon the water and that he did not log this discharge in the vessel’s Oil Record Book, as required by law. The company also admitted that its engineers made several modifications using flexible hoses to the vessel’s piping system, which allowed oily bilge water and oil sludge to be discharged directly overboard.
The company further admitted that between June 2013 and June 2016, senior engineers regularly failed to accurately record the transfer and disposal of oil waste in the vessel’s Oil Record Book. The vessel’s captains also failed to properly maintain a Garbage Record Book, and Yuh Fa Fishery (Vanuatu) Co. Ltd., was unable to accurately account for the storing, sorting, and disposal of garbage during the vessel’s extended fishing trips. The Coast Guard relies on such records to determine whether vessels are illegally dumping oil and garbage at sea. As a result, tons of oil sludge, waste oil, oily bilge water, and garbage produced by the vessel remain unaccounted for.
The company pleaded guilty to two felony violations of the Act to Prevent Pollution from Ships, 33 U.S.C. § 1908(a), for failing to accurately maintain an Oil Record Book and a Garbage Record Book. Under the terms of the plea agreement, the company will pay a total fine of $2.5 million, which includes a community service payment of $625,000 for use in the National Marine Sanctuary of American Samoa. Yuh Fa Fishery (Vanuatu) Co. Ltd., will also serve a five-year period of probation.
The case against Yuh Fa Fishery (Vanuatu) Co. Ltd., was investigated by U.S. Coast Guard personnel in American Samoa and Honolulu, Hawaii. The case was prosecuted by Trial Attorney Stephen Da Ponte of the Environmental Crimes Section of the Department of Justice, and Assistant U.S. Attorney Frederick W. Yette of the U.S. Attorney's Office for the District of Columbia.
Felons from Youngstown and Cleveland indicted for firearms offensesRead the Press Release
Two people were indicted for firearms offenses, U.S. Attorney Justin E. Herdman said.
Charles L. Pete, 23, of Youngstown, was indicted on charges of being a felon in possession of a firearm and ammunition. The indictment alleges Pete possessed a Norinco, model MAK90, 7.62 mm rifle and ammunition on Aug. 7, 2017, after having been convicted of drug trafficking and other offenses in 2015.
Andre Ellison, 29, of Cleveland, was indicted on charges of being a felon in possession of ammunition. The indictment alleges Ellison possessed ammunition on June 20, 2017, after having been convicted of felonious assault and domestic violence in 2011.
The cases are not related.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The Pete case was investigated by the Federal Bureau of Investigation and the Mahoning Valley Violent Crimes Task Force. It is being prosecuted by Assistant U.S. Attorney Jason M. Katz.
The Ellison case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant. U.S. Attorney Megan Miller.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Federal Inmate Charged with Making Threat Against PresidentRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jared Marc Brown, age 20, a federal inmate at United States Penitentiary, Allenwood, was indicted by a federal grand jury for making a threat to take the life of the President of the United States.
According to United States Attorney Bruce D. Brandler, the indictment alleges that on June 14, 2017, Brown made a threat to take the life of the President of the United States.
The case was investigated by the United States Secret Service and is being prosecuted by Assistant United States Attorney James T. Clancy.
Indictments 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 the offense is five years’ imprisonment, a term of supervised release following imprisonment, and a $250,000 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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Father and Son Plead Guilty to Racketeering ConspiracyRead the Press Release
Special Assistant U.S. Attorney Jeffrey D. Hill (619) 546-7924 or
Assistant U.S. Attorney Nicholas W. Pilchak (619) 546-9709 or
Assistant U.S. Attorney Ajay Krishnamurthy (619) 546-9613
NEWS RELEASE SUMMARY – August 29, 2017
SAN DIEGO – Sanders Bruce Segal and his son, Sydney Bruce Segal, each pleaded guilty today to engaging in a racketeering conspiracy that operated for years out of the Lucky Lady Casino and Card Room and other locations in San Diego.
The defendants admitted at today’s hearing to participating in an international racketeering enterprise – Segal’s Lucky Lady Sports Book – that regularly engaged in unlawful activity such as bookmaking, transmitting wagering information, money laundering and collecting unlawful debts.
As outlined in the indictments, the Lucky Lady Casino and Card Room is a licensed gambling establishment that offers legitimate, tightly-regulated card games. Between 2013 and 2016, however, it also provided a front for Sanders Segal’s illegal bookmaking operations. Sydney Segal was an employee of the Lucky Lady Casino and Card Room, and used his position working in the cage to commingle cash from the card room’s lawful gambling operations with the proceeds of the enterprise’s unlawful sports betting.
In his plea agreement, Sanders Segal admitted his role as a leader and organizer of Segal’s Lucky Lady Sports Book. In this capacity, Sanders Segal directed the other members of the enterprise to use gambling websites based overseas to place illegal sports bets on behalf of customers located in the United States.
Sanders Segal and other conspirators also coordinated the unlawful collection of those illegal wagers, typically in cash, and sent and received large sums of cash on behalf of the enterprise. For example, Sanders Segal admitted that on April 2, 2015, he met co-defendant David Greg Leppo in a supermarket parking lot in Del Mar, California, and handed Leppo $10,000 in cash proceeds from illegal gambling.
Similarly, Sanders Segal admitted that on April 23, 2015, co-defendant Stanley Samuel Penn provided him with $20,000 in cash proceeds that Penn had been holding for the defendant, which Sanders Segal then delivered to co-defendant Petter Magnus Karlsson while at the Lucky Lady Casino and Card Room. Sanders Segal received 10% of any profits earned by the illegal sports bets placed through his enterprise, as well as additional financial benefits.
In his plea agreement, Sydney Bruce Segal admitted his role as bookkeeper for Segal’s Lucky Lady Sports Book, and specifically that he maintained records of winning and losing bettors and the amount of money that supported the enterprise’s activities held by him and other co-conspirators. Sydney Segal also admitted that cash from the Lucky Lady Casino and Card Room’s lawful gambling operations was held alongside proceeds of unlawful sports betting coordinated by Segal’s Lucky Lady Sports Book, including in a “player’s bank” provided by the card room.
As part of his plea, Sanders Segal agreed to forfeit $222,834, and Sydney Bruce Segal agreed to forfeit $10,000, each figure representing direct proceeds from their respective participation in the offense.
Twelve defendants have thus far pleaded guilty to federal charges as a result of the investigation targeting Segal’s Lucky Lady Sports Book: Sanders Bruce Segal, Petter Magnus Karlsson, Pablo Ballestero Frech, Sydney Bruce Segal, Joseph Edward Spatafore, Minh Triet Dinh Nguyen, James Heng Tear, Ken Pheng Keo, Jason D. Taylor, Jeffrey Alan Burke, Ryan Richard Buchardt and Robert Jay Zaben.
Sentencing for both Sanders Segal and Sydney Segal is scheduled for December 4, 2017 at 9 a.m. before U.S. District Judge Roger T. Benitez.
The two remaining defendants, Stanley Samuel Penn and David Greg Leppo, are charged with racketeering conspiracy and operating an illegal gambling business. Their cases are set for a motion hearing on August 31, 2017, and a jury trial on October 3, 2017, before Judge Benitez. The charges against these two defendants are merely accusations; they are considered innocent unless and until proven guilty.
DEFENDANTS Case Number: 16CR1695-BEN
Sanders Bruce Segal Age 66 San Diego
Sydney Bruce Segal Age 34 San Diego
SUMMARY OF CHARGES
Count 1: Racketeering Conspiracy to Conduct Enterprise Affairs (RICO Conspiracy), in violation of Title 18, United States Code, Sections 1962(c) & (d)
Maximum penalties: 20 years in prison, 3 years supervised release, a $250,000 fine, forfeiture
AGENCIES
Federal Bureau of Investigation
San Diego Police Department
Internal Revenue Service – Criminal Investigation
Eighth Baltimore City Police Officer Arrested for Abusing Power in Federal Racketeering ConspiracyRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4811
Baltimore, Maryland – Sergeant Thomas Allers, age 49, of Linthicum Heights, Maryland was arrested today for a racketeering conspiracy and racketeering offenses, including robbery and extortion. The indictment was returned on August 24, 2017 and unsealed today.
The indictment was announced by Acting U.S. Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
The racketeering indictment alleges that Allers stole money from victims, some of whom had not committed crimes, swore out false affidavits and submitted false official incident reports. Sergeant Allers joined the Baltimore Police Department on July 22, 1996. He became the officer-in-charge of the Gun Trace Task Force (GTTF), a specialized unit created to investigate firearms crimes, on or about July 25, 2013.
The racketeering conspiracy alleges robbery and extortion violations committed by Allers in 2014, 2015 and 2016 when he was the officer-in-charge of the GTTF. Allers was reassigned out of the GTTF on June 14, 2016.
In some cases, there was no evidence of criminal conduct by the victims; Allers stole money that had been earned lawfully. The amounts stolen ranged from $700 to $66,000.
For example, on or about April 3, 2015, Allers and coconspirators executed a search warrant at a residence in Baltimore City and discovered approximately $6,000 in the home. This money was a combination of money that the homeowners had made buying and selling used cars and a tax refund the wife had received. Allers and his coconspirators took approximately $5,700 of the $6,000, and then filed a false incident report stating that only $233 had been seized.
In another incident, on or about March 2, 2016, Allers and his co-conspirators executed a search warrant at a residence in Baltimore City. The resident of the home had $200 in her purse, which her daughter had received the previous day during her birthday party, $900 to pay her rent for that month, $300 to pay down the amount of money she owed Baltimore Gas & Electric for utilities and $8,000 which was the proceeds of drug sales. Allers approved the false report that stated that only $1,624 had been seized from home, when in fact, he had stolen more than $7,000.
In another incident, on or about April 28, 2016, Allers and coconspirators robbed a residence after arresting an individual who resided at the residence. Allers and his coconspirators robbed the occupants of the residence of over $10,000. Allers approved a false incident report which failed to report that any money had been taken from the residence, when in fact he and his coconspirators stole more than $10,000. Following this robbery, one of the residents was shot and killed because he could not repay a drug-related debt.
According to the indictment, Allers allegedly prepared and submitted false official incident and arrest reports, reports of property seized from arrestees, and charging documents. The false reports concealed the fact that the officers had stolen money from individuals. In addition, the indictment alleges that Allers obstructed law enforcement by alerting other members of the GTTF about potential investigations of their criminal conduct.
Allers has been charged with nine counts of Robbery and Extortion and the indictment alleges that he stole over $90,000.00.
Allers faces a maximum sentence of 20 years in prison for the conspiracy, the robberies and for racketeering. Allers is scheduled to have his initial appearance in U.S. District Court in Baltimore today at 3:00 p.m. in Courtroom 7D.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Acting United States Attorney Stephen M. Schenning commended the FBI for their work in the investigation. Acting U.S. Attorney Schenning also thanked Assistant U.S. Attorneys Leo J. Wise and Derek E. Hines, who are prosecuting this Organized Crime Drug Enforcement Task Force case.
Eight Indicted in Multi-Million Dollar Drug Distribution and Money Laundering ConspiracyRead the Press Release
Assistant U.S. Attorney Jarad E. Hodes (619) 546-7432
SAN DIEGO – A federal grand jury returned an indictment today charging eight defendants from Southern California and the Mexican state of Sinaloa with participation in conspiracies to distribute multiple controlled substances throughout the United States and to launder millions of dollars in cash proceeds from those drug sales.
Five of those defendants – Javier Felix-Bayardo, Rigoberto Munoz-Banuelos, Manuel Felix-Gutierrez, Hector Sandoval-Toloza, and Camilo Ayon-Mondragon – were charged in a conspiracy to distribute large quantities of cocaine, methamphetamine, and marijuana. Felix-Bayardo and Munoz-Banuelos, along with Gabriela Nunez, Mario Noriega-Osuna, and Margarito Rodriguez-Ochoa, were charged in a conspiracy to launder over $5 million in proceeds through the operation of dozens of bank accounts. Nunez was also charged with using $20,000 in drug proceeds for a down payment on a 2015 Dodge Durango. Munoz-Banuelos was also charged with bulk cash smuggling in connection with his attempt to transport $101,083 in cash to Mexico in a 2011 Ford F-150 truck.
According to an affidavit filed in support of a criminal complaint in the case, Felix-Bayardo was the leader of this criminal network, whose members would distribute multiple drugs throughout the United States and then receive cash deposits into bank accounts opened in their own names and under aliases. The affidavit lists over 20 fraudulent accounts at Bank of America and Wells Fargo Bank opened using falsified Mexican identification documents.
Agents from the Drug Enforcement Administration, Internal Revenue Service and Homeland Security Investigations discovered that some of the same false identification documents had been used to rent two storage units in National City, California. On August 9, 2017, agents executed a search warrant at those storage units and seized approximately 26.5 kilograms of cocaine, 938 grams of methamphetamine, and 486 kilograms of marijuana, along with five firearms including an AR-15 style rifle modified to function as a machine gun capable of fully automatic fire.
As drugs like these flowed throughout the United States, thousands of dollars flowed from Felix-Bayardo’s accounts into the bank account of his wife, Nunez, who then paid for the couple’s lifestyle expenses, including a $1,260 monthly lease payment on a 2016 Mercedes-Benz GLE 450 and a $1,002 monthly loan payment on the 2015 Dodge Durango.
This case is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle, and prosecute high-level members of drug trafficking, weapons trafficking, and money laundering organizations and enterprises.
Arraignment on the indictment is scheduled for September 14, 2017 at 9:30 a.m. before U.S. Magistrate Judge Nita L. Stormes.
*The charges and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
DEFENDANTS
Javier Felix-Bayardo Age: 33 Bonita, California
Gabriela Favela Nunez Age: 35 Bonita, California
Rigoberto Munoz-Banuelos Age: 31 West Covina, California
Mario Noriega-Osuna Age: 35 San Diego, California
Margarito Rodriguez-Ochoa Age: 36 National City, California
Manuel Felix-Gutierrez Age: 63 Sinaloa, Mexico
Hector Sandoval-Toloza Age: 42 Sinaloa, Mexico
Camilo Ayon-Mondragon Age: 30 Sinaloa, Mexico
SUMMARY OF CHARGES
Conspiracy to Distribute Cocaine, Methamphetamine, and Marijuana – Title 21, U.S.C., Section 846
Maximum penalty: Life in prison and $10,000,000 fine
Conspiracy to Launder Monetary Instruments – Title 18, U.S.C., Section 1956(h)
Maximum penalty: 20 years in prison and fine equal to double the value of assets laundered
Engaging in Monetary Transaction in Property Derived From Specified Unlawful Activity – Title 18, U.S.C., Section 1957(a)
Maximum penalty: 10 years in prison and $250,000 fine
Bulk Cash Smuggling – Title 31, U.S.C., Section 5332
Maximum penalty: 5 years in prison and $250,000 fine
AGENCIES
Drug Enforcement Administration
IRS Criminal Investigation
Homeland Security Investigations
United States Border Patrol
Eastern Iowa Businessman Sentenced to Prison for Failing to Pay Employment Taxes and Violating Clean Water ActRead the Press Release
An Eastern Iowa businessman who failed to pay over employment taxes and violated the Clean Water Act by causing ethanol to be discharged into a tributary of the Maquoketa River, was sentenced today in federal court in Cedar Rapids, Iowa to 15 months in federal prison, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Sean R. Berry of the Northern District of Iowa.
According to documents filed with the court, Randy Less was the majority owner, general partner, and general manager of Permeate Refining Inc., an ethanol production business in Hopkinton. Less had the responsibility to collect, truthfully account for, and pay over to the Internal Revenue Service (IRS) federal employment, social security, and Medicare taxes withheld from his employees’ wages. At the sentencing hearing, the district court found Less was responsible for $654,921 in tax loss to the government because he did not account for and pay over employment taxes for Permeate during 2009 through 2012. Less also knowingly discharged or caused to be discharged ethanol, a pollutant, from a point source into a water of the United States without a permit to do so.
“Those who violate their legal obligation to pay over employee withholdings are stealing from the U.S. Treasury and taking advantage of law-abiding businesses,” said Acting Deputy Assistant Attorney General Goldberg. “Employment tax enforcement will continue to be a top priority for the Tax Division.”
“Mr. Less’s failure to pay over employment taxes for years was an attempt to dodge his obligations to his employees and to the United States. Our system and our citizens depend upon employers like Mr. Less to be honest and pay what they owe in employment taxes,” said Acting U.S. Attorney Berry. “Additionally, his pollution of an Iowa waterway is a serious matter and this prosecution demonstrates our commitment to protecting our state’s environment.”
“Illegal discharges of unpermitted wastewater into rivers and streams threaten public health, wildlife and water quality,” said Assistant Special Agent in Charge Justin Oesterreich of EPA’s criminal enforcement program in Iowa. “Enforcing the laws that protect our waters from pollution is an important way EPA safeguards the health of communities nationwide and ensures a level playing field for businesses that follow the rules.”
“There are often multiple victims associated with employment tax fraud to include the government and the employees,” said Special Agent in Charge Karl Stiften of IRS Criminal Investigation. “Employers have a responsibility to withhold the proper amount of taxes and pay those taxes over to the IRS.”
In addition to the term of prison imposed, U.S. District Court Judge Leonard T. Strand ordered Less to serve two years of supervised release, fined Less $10,000 and ordered him to pay $8,673.30 in costs of prosecution.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Berry commended special agents of IRS Criminal Investigation, the FBI, the U.S. Postal Inspection Service, and the U.S. Environmental Protection Agency, who investigated the case, and Assistant U.S. Attorney Tim Vavricek of the Northern District of Iowa and Trial Attorney Matthew Hoffman of the Tax Division, who prosecuted the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Eastern Iowa Businessman Sentenced to Prison for Failing to Pay Employment Taxes and Violating Clean Water ActRead the Press Release
An Eastern Iowa businessman who failed to pay over employment taxes and violated the Clean Water Act by causing ethanol to be discharged into a tributary of the Maquoketa River, was sentenced today in federal court in Cedar Rapids to 15 months in federal prison, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Sean R. Berry of the Northern District of Iowa.
Randy Less, from Delaware County, Iowa, received the prison term after a June 14, 2016 guilty plea to one count of willfully failing to account for and pay over employment taxes and one count of a Clean Water Act violation. At his guilty plea hearing, Less admitted he was the majority owner, a general partner, and the general manager of Permeate Refining, Inc., in Hopkinton, Iowa. In those roles, Less had the responsibility to collect, truthfully account for, and pay over to the Internal Revenue Service (IRS) federal employment, Social Security, and Medicare taxes withheld from his employees’ wages. At the sentencing hearing, the district court found Less was responsible for $654,921 in tax loss to the government because he did not account for and pay over employment taxes for Permeate during 2009 through 2012. Less also admitted that, in July 2013, he knowingly discharged or caused to be discharged ethanol into a water of the United States without a permit to do so.
“Mr. Less’s failure to pay over employment taxes for years was an attempt to dodge his obligations to his employees and to the United States. Our system and our citizens depend upon employers like Mr. Less to be honest and pay what they owe in employment taxes,” said Acting U.S. Attorney Berry. “Additionally, his pollution of an Iowa waterway is a serious matter and this prosecution demonstrates our commitment to protecting our state’s environment.”
“Those who violate their legal obligation to pay over employee withholdings are stealing from the U.S. Treasury and taking advantage of law-abiding businesses,” said Acting Deputy Assistant Attorney General Goldberg. “Employment tax enforcement will continue to be a top priority for the Tax Division.”
“There are often multiple victims associated with employment tax fraud to include the government and the employees,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “Employers have a responsibility to withhold the proper amount of taxes and pay those taxes over to the IRS.”
“Illegal discharges of unpermitted wastewater into rivers and streams threaten public health, wildlife and water quality,” said Justin Oesterreich, Assistant Special Agent in Charge of EPA’s criminal enforcement program in Iowa. “Enforcing the laws that protect our waters from pollution is an important way EPA safeguards the health of communities nationwide and ensures a level playing field for businesses that follow the rules.”
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Berry commended special agents of IRS Criminal Investigation, the FBI, the U.S. Postal Inspection Service, and the U.S. Environmental Protection Agency, who investigated the case, and Assistant U.S. Attorney Tim Vavricek of the Northern District of Iowa and Trial Attorney Matthew Hoffman of the Tax Division, who prosecuted the case.
In addition to the term of prison imposed, Chief U.S. District Court Judge Leonard T. Strand ordered Less to serve two years of supervised release, fined Less $10,000, imposed a $200 special assessment, and ordered Less to pay $8,673.30 in costs of prosecution. There is no parole in the federal system. Less was released on the bond previously set and is to surrender to the Bureau of Prisons in the near future.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-2002-LTS. Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Follow us on Twitter @USAO_NDIA.
Dominican National Pleads Guilty to Cocaine ChargeRead the Press Release
BOSTON - A Dominican national pleaded guilty today in federal court in Boston to his role in a drug trafficking conspiracy.
Juan Manuel Tejeda-Serrano, 30, a/k/a Jose R. Narvaez-Arroyo, pleaded guilty today to one count of conspiracy to distribute and possess with intent to distribute controlled substances, including cocaine, before U.S. District Court Judge Indira Talwani. Tejeda-Serrano previously pleaded guilty to a separate federal charge of illegally re-entering the country after having been deported. Sentencing for today’s plea will occur after Tejeda-Serrano is sentenced on Nov. 16, 2017, for his immigration offense.
In February 2017, Tejeda-Serrano and 12 others were charged in an indictment with conspiring to distribute heroin, fentanyl and cocaine. The charge stemmed from a six-month wiretap investigation into the drug activities of Jose Antonio Lugo-Guerrero, who was allegedly operating a trafficking organization first in New Bedford, and later in Boston. On Jan. 3, 2017, Tejeda-Serrano arranged for Lugo-Guerrero to obtain a kilogram of cocaine. And on Jan. 5, 2017, Lugo-Guerrero ordered another two kilograms of cocaine from Tejeda-Serrano, which he attempted to steal, but was unsuccessful.
The charging statute provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of $1 million. Tejeda-Serrano is also subject to deportation after serving any sentence that is imposed. 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 Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorney Theodore Heinrich of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.
Doctor, Wife Plead Guilty to Running Pill MillRead the Press Release
DAYTON – David Kirkwood, 61, and Beverly Kirkwood, 50, of Dayton, pleaded guilty in U.S. District Court to health care fraud. David Kirkwood also pleaded guilty to one count of unlawful drug trafficking.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ohio Attorney General Mike DeWine, Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services Office of Inspector General (HHS-OIG) Chicago Region and Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA) announced the pleas entered into before U.S. District Judge Water H. Rice.
According to the facts outlined in the plea agreements, David Kirkwood owned and operated Kirkwood Family Practice in Dayton beginning in 1986.
David Kirkwood distributed nearly 4,000 units of Oxycodone outside the scope of medical practice and not for a legitimate medical purpose. All of these units were paid for by Medicare or Medicaid.
The doctor often used the same billing code for his customers regardless of the service performed, and would accept health care insurance payments for examinations that were not medically appropriate or sufficient for the billing codes submitted. Those bills were submitted on behalf of the practice and with the assistance of Beverly Kirkwood.
According to the indictment, David Kirkwood saw up to 100 patients per day, charging $100 per office visit. The government has sought to seize approximately $2.5 million in proceeds from the conspiracy.
“When a doctor distributes Oxycodone without a legitimate medical purpose and outside the scope of medical practice, that’s not just bad practice. It’s unlawful drug trafficking,” U.S. Attorney Glassman said. “In pleading guilty, David Kirkwood admitted that he was distributing opioids and other controlled substances as a drug dealer, not as a doctor.”
“The investigation found that this doctor took advantage of those suffering from addiction in the Dayton area for personal gain,” said Attorney General DeWine. “The pills never should have been prescribed because they served no legitimate medical purpose, and I applaud the work of state, federal, and local authorities to hold him accountable for his actions.”
As part of David Kirkwood’s plea, he has agreed to pay restitution in the amount of nearly $160,000, which represents the loss to Medicare and Medicaid.
Both David and Beverly are scheduled for sentencing before Judge Rice on December 6.
U.S. Attorney Glassman commended the investigation of this case by the Ohio Attorney General’s Medicaid Fraud Control Unit, HHS-OIG and DEA, as well as Special Assistant United States Attorney Maritsa Flaherty and Assistant United States Attorney Timothy Oakley.
# # #
Department of Justice Funds Law Enforcement Training to Combat Elder Financial ExploitationRead the Press Release
Nationally representative studies conclude that nearly 10 percent of older Americans have experienced some form of financial exploitation or fraud in the past year, with some experts asserting that financial exploitation is the most common form of elder abuse. With 10,000 Americans turning 65 each day, the population of Americans who likely will be exposed to elder fraud and abuse is growing significantly.
The financial loss to older Americans is estimated in the billions of dollars, without accounting for costs to family members and society. Many older victims of fraud or financial exploitation also experience a diminished quality of life and increased mortality.
The Department of Justice is making assertive efforts to interrupt the scourge of financial exploitation and fraud against older Americans. As part of these efforts, the Department is funding the National White Collar Crime Center (https://www.nw3c.org/) to enhance the ability of state and local law enforcement to respond effectively to complex elder fraud cases.
In announcing those efforts, Attorney General Jeff Sessions said:
“The Department of Justice is committed to protecting all Americans from fraud and exploitation. Few things are more despicable than defrauding vulnerable persons. We have to do a better job of addressing this problem. This training will equip our partners in state and local law enforcement to ensure that our seniors receive justice and the criminals who defraud them receive consequences. I applaud the communities chosen for this training and look forward to seeing their results.”
Through carefully crafted programs, the National White Collar Crime Center will provide training in eight selected communities, with up to 100 law enforcement officers per community, on Financial Crimes against Seniors. This training, developed by the National White Collar Crime Center, will reach up to 800 law enforcement officers, who in turn will share what they have learned with their fellow officers.
The eight communities selected for this highly sought after training are:
- Wilmington, Delaware (Delaware Department of Justice)
- Minneapolis/St. Paul, Minnesota (Minnesota Chiefs Association & Minnesota Sheriff’s Association)
- Denmark, Tennessee (Madison County Sheriff’s Office)
- Topeka, Kansas (State of Kansas Office of Attorney General)
- Hidalgo County, Texas (Hidalgo County Sheriff’s Office)
- Columbia, South Carolina (South Carolina Law Enforcement Division (SLED))
- Ada, Oklahoma (Council of Law Enforcement Education and Training (CLEET))
- King County, Washington (King County Prosecuting Attorney’s Office)
In addition, the Department of Justice, through its Elder Justice Initiative, is working on multiple other fronts to protect older Americans from financial exploitation and fraud, as well as other forms of elder abuse.
The Department continues to prosecute aggressively mass mailing fraud schemes, such as lottery and sweepstakes scams, many of which are international in nature and target seniors. The Department also launched 10 regional Elder Justice Task Forces across the country to enhance the ability of federal, state, and local authorities to work together to combat elder financial fraud and to pursue those nursing homes that provide grossly substandard care to their Medicare and Medicaid residents (https://www.justice.gov/elderjustice/task-forces).
The Department also actively supports state and local efforts to prevent and combat elder abuse by:
- Helping older victims and their families by connecting them to available resources, assistance, and information on its Elder Justice Website (https://www.justice.gov/elderjustice/victims-families-caregivers);
- Advancing understanding of elder abuse through projects like the Elder Abuse Prevention Demonstration Project (www.justice.gov/elderjustice/pr/national-institute-justice-awards-funding-study-elder-abuse);
- Raising public awareness of elder abuse and financial exploitation through the Elder Justice website, webinars, and public meetings (https://www.justice.gov/elderjustice/outreach); and
- Enhancing state and local efforts to combat and prevent elder abuse through the development and dissemination of training materials and resources for prosecutors, law enforcement, civil legal aid workers, victim specialists, and clinicians.
Check the Law Enforcement Webpage (https://www.justice.gov/elderjustice/law-enforcement-1) periodically for these and other materials as they become available. More information about the Department of Justice’s elder justice efforts can be found on its Elder Justice Website at https://www.justice.gov/elderjustice.
Department of Justice Funds Law Enforcement Training to Combat Elder Financial ExploitationRead the Press Release
WASHINGTON - Nationally representative studies conclude that nearly 10 percent of older Americans have experienced some form of financial exploitation or fraud in the past year, with some experts asserting that financial exploitation is the most common form of elder abuse. With 10,000 Americans turning 65 each day, the population of Americans who likely will be exposed to elder fraud and abuse is growing significantly.
The financial loss to older Americans is estimated in the billions of dollars, without accounting for costs to family members and society. Many older victims of fraud or financial exploitation also experience a diminished quality of life and increased mortality.
The Department of Justice is making assertive efforts to interrupt the scourge of financial exploitation and fraud against older Americans. As part of these efforts, the Department is funding the National White Collar Crime Center (https://www.nw3c.org/) to enhance the ability of state and local law enforcement to respond effectively to complex elder fraud cases.
In announcing those efforts, Attorney General Jeff Sessions said:
“The Department of Justice is committed to protecting all Americans from fraud and exploitation. Few things are more despicable than defrauding vulnerable persons. We have to do a better job of addressing this problem. This training will equip our partners in state and local law enforcement to ensure that our seniors receive justice and the criminals who defraud them receive consequences. I applaud the communities chosen for this training and look forward to seeing their results.”
Through carefully crafted programs, the National White Collar Crime Center will provide training in eight selected communities, with up to 100 law enforcement officers per community, on Financial Crimes against Seniors. This training, developed by the National White Collar Crime Center, will reach up to 800 law enforcement officers, who in turn will share what they have learned with their fellow officers.
The eight communities selected for this highly sought after training are:
-
Wilmington, Delaware (Delaware Department of Justice)
-
Minneapolis/St. Paul, Minnesota (Minnesota Chiefs Association & Minnesota Sheriff’s Association)
- Denmark, Tennessee (Madison County Sheriff’s Office)
- Topeka, Kansas (State of Kansas Office of Attorney General)
- Hidalgo County, Texas (Hidalgo County Sheriff’s Office)
- Columbia, South Carolina (South Carolina Law Enforcement Division (SLED))
- Ada, Oklahoma (Council of Law Enforcement Education and Training (CLEET))
- King County, Washington (King County Prosecuting Attorney’s Office)
In addition, the Department of Justice, through its Elder Justice Initiative, is working on multiple other fronts to protect older Americans from financial exploitation and fraud, as well as other forms of elder abuse.
The Department continues to prosecute aggressively mass mailing fraud schemes, such as lottery and sweepstakes scams, many of which are international in nature and target seniors. The Department also launched 10 regional Elder Justice Task Forces across the country to enhance the ability of federal, state, and local authorities to work together to combat elder financial fraud and to pursue those nursing homes that provide grossly substandard care to their Medicare and Medicaid residents (https://www.justice.gov/elderjustice/task-forces).
The Department also actively supports state and local efforts to prevent and combat elder abuse by:
-
Helping older victims and their families by connecting them to available resources, assistance, and information on its Elder Justice Website (https://www.justice.gov/elderjustice/victims-families-caregivers);
-
Advancing understanding of elder abuse through projects like the Elder Abuse Prevention Demonstration Project (www.justice.gov/elderjustice/pr/national-institute-justice-awards-funding-study-elder-abuse);
-
Raising public awareness of elder abuse and financial exploitation through the Elder Justice website, webinars, and public meetings (https://www.justice.gov/elderjustice/outreach); and
-
Enhancing state and local efforts to combat and prevent elder abuse through the development and dissemination of training materials and resources for prosecutors, law enforcement, civil legal aid workers, victim specialists, and clinicians.
Check the Law Enforcement Webpage (https://www.justice.gov/elderjustice/law-enforcement-1) periodically for these and other materials as they become available. More information about the Department of Justice’s elder justice efforts can be found on its Elder Justice Website at https://www.justice.gov/elderjustice.
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