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30 August 2017
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.
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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.
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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:
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Wilmington, Delaware (Delaware Department of Justice)
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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:
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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);
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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
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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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Defendants Plead Guilty to Upstate Counterfeiting ConspiracyRead the Press Release
Greenville, South Carolina---- United States Attorney Beth Drake stated that Crystal Hudson, age 36, of Honea Path, South Carolina, Travis Attaway, age 26, of Belton, South Carolina, and Evan Tatham, age 26, of Anderson, South Carolina, entered guilty pleas yesterday in federal court in Greenville to Conspiracy to Pass Counterfeit Federal Reserve Notes, in violation of Title 18 U.S.C. § 371. United States District Judge Timothy M. Cain of Anderson accepted the guilty plea and will impose the sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Crystal Hudson manufactured and trained others to manufacture counterfeit federal reserve notes in the Upstate of South Carolina. Evan Tatham transported counterfeit notes and manufacturing material for a co-conspirator and passed counterfeit notes in exchange for drugs. Travis Attaway received counterfeit from multiple co-conspirators and passed it at locations including the Stop-A-Minute and Bojangles in Belton, SC.
Ms. Drake stated that the maximum penalty Hudson, Tatham, and Attaway could receive is 5 years imprisonment and a fine of $250,000 dollars. The case was investigated by the United States Secret Service, Anderson County Sheriff’s Office, Anderson Police Department, Belton County Police Department, Greenville County Sheriff’s Office, Easley Police Department, and the South Carolina Department of Probation, Parole, and Pardon Services. Assistant United States Attorneys Jamie Lea Schoen of the Greenville office prosecuted the case.
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Davenport Man Sentenced to 84 Months in Prison for Felon in Possession of a FirearmRead the Press Release
DAVENPORT, IA - On August 30, 2017, Romance Desuave Armstrong, 29, of Davenport, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to 84 months in prison for felon in possession of a firearm, announced United States Attorney Kevin E. VanderSchel. Armstrong will serve three years of supervised release following his imprisonment and pay $100 to the Crime Victims’ Fund.
On April 20, 2017, Armstrong pleaded guilty to the offense and admitted that on October 16, 2016, he possessed a Ruger P95 9mm semi-automatic handgun while inside his vehicle in his Davenport driveway. Armstrong was prohibited from possessing a firearm due to multiple felony convictions from Scott County, Iowa. The charge resulted from an investigation initiated when Davenport Police responded to a call of Armstrong suffering a gunshot wound at his residence and to a call of a walk-in patient suffering a gunshot wound at Genesis Medical Center.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Davenport Police Department 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].
Davenport Man Sentenced to 70 Months in Prison for Felon in Possession of a FirearmRead the Press Release
DAVENPORT, IA – On August 30, 2017, Eugene Williams, Jr., 22, of Davenport, Iowa, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger to 70 months in prison for felon in possession of a firearm, announced United States Attorney Kevin E. VanderSchel. Williams will serve three years of supervised release following his imprisonment. The firearm involved in the offense was forfeited.
In July and August of 2016, Davenport police officers received information that Williams, a felon, was in possession of guns and was selling drugs. On August 30, 2016, officers obtained a search warrant for his apartment and vehicle. Officers contacted Williams at the state probation office, searched the vehicle Williams was driving, and found a 9 mm Hi-Point gun along with a box of 9 mm ammunition, and small amounts of heroin and marijuana.
After his arrest, Williams threatened to shoot the officers after serving his time.
The Alcohol, Tobacco, Firearms and Explosives and Davenport Police Department 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].
Davenport Man Sentenced to 36 Months in Prison for Felon in Possession of a FirearmRead the Press Release
DAVENPORT, IA - On August 29, 2017, Leroy Lynell Grandberry, 30, of Davenport, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to 36 months in prison for felon in possession of a firearm, announced United States Attorney Kevin E. VanderSchel. Grandberry was ordered to serve three years of supervised release following his imprisonment and to pay $100 to the Crime Victims’ Fund.
On April 24, 2017, Grandberry pleaded guilty to the offense and admitted on August 27, 2016, he possessed a Bersa Thunder .380 caliber semi-automatic handgun while a passenger in a vehicle in Davenport. Grandberry was prohibited from possessing a firearm due to a 2005 felony conviction from Scott County, Iowa.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Davenport Police Department 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].
Davenport Man Sentenced to 120 Months in Prison for Felon in Possession of a FirearmRead the Press Release
DAVENPORT, IA – On August 30, 2017, Paris Hollingshed, 37, of Davenport, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to 120 months in prison for felon in possession of a firearm, announced United States Attorney Kevin E. VanderSchel. Hollingshed will serve three years of supervised release following his imprisonment. Hollingshed was found guilty of this charge after a three-day jury trial on March 3, 2017.
In August of 2015, officers received information that Hollingshed, a felon, was in possession of guns and selling drugs. Officers executed a search warrant at Hollingshed’s residence and found a loaded Taurus 38 caliber handgun, along with evidence of drug trafficking, on August 20, 2015.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and Davenport Police Department 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].
Cleveland man indicted for stealing $77,000 in federal grants designed to help Native AmericansRead the Press Release
A Cleveland man was indicted on charges that he stole more than $77,000 in federal grants designed to help Native Americans, said U.S. Attorney Justin E. Herdman and Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General.
A three-count indictment charges Robert Roche, 70, with one count of conspiracy to commit theft concerning programs receiving federal funds and two counts of theft from programs receiving federal funds.
“Mr. Roche took tens of thousands of dollars earmarked for Native American children and families and put the money in his own pockets,” Herdman said.
“Federal funds provided through the Circles of Care grant administered by the Substance Abuse & Mental Health Administration are precious and invaluable to the communities and individuals they serve,” said Lamont Pugh III, Special Agent in Charge, U.S. Department of Health & Human Services, Office of Inspector General – Chicago Region. “The embezzlement, stealing, or intentional misappropriation of these funds is inexcusable and will not be tolerated. The OIG will continue to identify, investigate and seek the prosecution of those individuals who improperly enrich themselves with vital taxpayer dollars.”
Roche served as executive director of the American Indian Education Center (AIEC), a Parma-based nonprofit established in 1995 to support Native American causes in Northeast Ohio, according to the information.
Craig McGuire operated McGuire & Associates LLC, a company that wrote grant applications and provided evaluation services. Roche entered into an agreement with McGuire & Associates in April 2011 to draft grant proposals on behalf of the AIEC. Later that year, McGuire submitted an application on behalf of the AIEC to receive a Circle of Care grant, offered through the Substance Abuse and Mental Health Services Administration (SAMHSA). The grant was designed to provide Native American communities with the tools and resources to design programs to support mental health and wellness for children and families, according to the indictment.
The AIEC’s application contained numerous false statements including: misrepresenting the date the AIEC was established; falsely claiming the AIEC had a wellness department and a “Positive Paths” afterschool program serving 500 children when no such department or program existed; fraudulently listing people the AIEC allegedly employed and mischaracterizing the description of the AIEC’s building and alleged physical amenities, according to the indictment.
SAMHSA awarded the AIEC a Circle of Care grant on Sept. 1, 2012 of approximately $302,340 for FY 2012. On June 26, 2012, SAMHSA awarded the second year of a Circle of Care grant in the amount of $308,040 for FY 2013, according to the indictment.
The AIEC received approximately $482,766 from SAMHSA from 2011 through 2013. The AIEC did not receive full funding because SAMHSA placed it in “high risk” status, according to the indictment.
Roche paid himself through AIEC on several occasions as a project coordinator for the Circle of Care project. Roche was not identified as the project coordinator on the grant application and such payments were precluded by regulation, according to the indictment.
Roche and McGuire embezzled at least $183,703 from the SAMHSA grant. Roche converted approximately $77,097 of that money for his own personal use, according to the indictment.
McGuire pleaded guilty earlier this year to crimes related to his role in the conspiracy and is awaiting sentencing.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorneys Robert J. Patton following an investigation by the Department of Health and Human Services – Office of Inspector General.
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.
Clarksburg woman sentenced for heroin distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Danna J. Hern, 31, of Clarksburg, West Virginia, was sentenced today to 51 months incarceration for heroin distribution, Acting United States Attorney Betsy Steinfeld Jividen announced.
Hern pled guilty to one count of “Conspiracy to Possess With the Intent to Deliver Heroin” in September 2016.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Senior U.S. District Judge Irene M. Keeley presided.
Christopher Fox Arrested for Various Internet Crimes Against ChildrenRead the Press Release
HONOLULU – Christopher Ernest Fox, age 20, was arrested and had his Initial Appearance today on a Criminal Complaint filed in the United States District Court for the District of Hawaii. The Complaint charges him with five violations of federal law, including the transfer of obscene material to a minor under the age of 16, production of child pornography, cyberstalking, and distribution and possession of child pornography. The crime of production of child pornography carries a mandatory minimum of 15 years in prison.
According to Acting United States Attorney Elliot Enoki, the Complaint states that between August and November of 2016, Fox corresponded with a minor female in the United Kingdom using social media applications including Instagram and Snapchat. During the time the two were in contact, the girl turned thirteen years old and confirmed her age to Fox. Fox stated that he did not mind the age difference, and told her that he wanted to marry her when she turned 18 years old. During these discussions, Fox solicited information from the minor about her life, including the names of her friends.
According to the Complaint, after being in contact for several weeks, Fox sent sexually explicit photos and videos of himself to the minor female, and encouraged her to send sexually explicit photos of herself in return.
According to the Complaint, once in possession of these photos of the minor female, Fox threatened to post them online or send them to her friends unless she sent him more photos of herself naked. Fox then created a social media account using the minor’s name, and contacted her friends via the social media account. He then distributed the explicit images of the minor to her friends and classmates using the account.
The Honorable Richard L. Puglisi, United States Magistrate Judge, set a detention hearing for Friday, September 1, 2017 at 1:30pm before the Honorable Kenneth J. Mansfield.
The charges in the Complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by the United States Department of Homeland Security, Homeland Security Investigations, with assistance from the Wiltshire Police Department in the United Kingdom. It is being prosecuted by Assistant United States Attorney Morgan Early.
Chinese National Sentenced for Fraudulently Obtaining a Student VisaRead the Press Release
BOSTON - A Chinese national pleaded guilty and was sentenced today in federal court in Boston for defrauding the Department of Homeland Security (DHS) in its administration of the Student and Exchange Visitor Program.
Xiaomeng Cheng, 21, pleaded guilty to one count of conspiracy to defraud the United States. U.S. District Court Judge Denise J. Casper sentenced Cheng to time-served and ordered Cheng to be immediately removed from the United States to the People’s Republic of China.
In March 2016, Cheng registered to take the Test of English as a Foreign Language (TOEFL) exam, which is an exam required by American universities that participate in DHS’s Student and Exchange Visitor Program. On prior occasions, Cheng had failed to achieve a high enough score on the TOEFL exam to be admitted to one of the participating universities. When Cheng registered to take the exam again in March 2016, she provided her passport and exam registration information to a co-conspirator who used the materials to take the exam for Cheng. The co-conspirator scored high on the exam, and Cheng fraudulently submitted the co-conspirator’s test results as her own and was subsequently admitted into a university in the United States. Once admitted, Cheng was issued DHS’s Form I-20, which made her eligible to receive an F-1 non-immigrant student visa to enter and remain in the United States for the duration of her studies.
Acting United States Attorney William D. Weinreb; Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston; and William B. Gannon, Special Agent in Charge of the Boston Field Office of the U.S. State Department's Diplomatic Security Service, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Weinreb’s Major Crimes Unit prosecuted the case
Chicago Man Facing Federal Firearms Charges for Allegedly Dealing Ammunition on City’s South SideRead the Press Release
CHICAGO — A Chicago man is facing federal firearms charges for allegedly dealing ammunition and gun accessories on the city’s South Side.
BRENT TURPIN illegally supplied an extended handgun magazine, a laser sight and two boxes of ammunition to a convicted felon who, unbeknownst to Turpin, was cooperating with the Federal Bureau of Investigation, according to a criminal complaint and affidavit filed in federal court in Chicago. Turpin supplied the materials to the informant earlier this month in Turpin’s residence on the South Side of Chicago, the complaint states.
Turpin, 53, was arrested Tuesday. A detention hearing is scheduled for today at 3:00 p.m., before U.S. Magistrate Judge M. David Weisman in Chicago. The complaint charges Turpin with one count of conspiracy to dispose of a firearm and ammunition to a known felon, and one count of disposing of ammunition to a known felon.
The charges were announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the FBI. The Chicago Police Department participated in the investigation.
In addition to the disposal of the ammunition and materials, the complaint also describes Turpin’s efforts to secure a firearm for the informant at a gun show in Indiana. As the pair traveled together to the show earlier this summer, Turpin allegedly instructed the informant on what to say and do. “If they ask you if you’re from Indiana, say yes,” Turpin told the informant, according to the complaint. “If they say where [are] you from, say like, say South Bend or something, or Indianapolis,” Turpin said, according to the complaint. Turpin and the informant met with a gun dealer at the show, but it did not result in a deal because Turpin declined to present his driver’s license, the complaint states.
Turpin is employed as a teacher at a school on the South Side of Chicago, the complaint states.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The charge of conspiring to distribute firearms and ammunition is punishable by a maximum sentence of five years in prison, and the charge of distributing ammunition is punishable by a maximum sentence of ten years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant U.S. Attorneys Ankur Srivastava and Albert Berry.
Charlotte Man Pleads Guilty to Identity TheftRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Stanley Fard Harper, age 32, of Charlotte, pled guilty in federal court in Columbia to Aggravated Identity Theft, a violation of Title 18, United States Code, § 1028A. United States District Judge J. Michelle Childs, of Columbia, accepted the guilty plea and will sentence him at a later date.
Harper was an employee of The Lash Group, a health care consulting firm located in Ft. Mill, SC, since 2010. Harper had access to the personal identification information (PII) of Lash’s customer pool. Harper stole this information and used it to open bank and credit card accounts at Founders Federal Credit Union, also located in Ft. Mill.
Harper used Lash client files to set up fraudulent accounts at Founders using his personal cell phone. He would then go to the Founders branch in Ft. Mill, deposit a nominal sum to show activity, then apply for a credit card linked to that account. He would then use a fake North Carolina identification and a fake social security card matching the stolen identity to make cash advances and purchases. He would then deposit additional money into the account to increase the credit limit on his card. He used the fraudulent cards until they were suspended for nonpayment, and then he would get rid of all the documents. He opened thirteen accounts. He received his false identification documents from a website for $60 per set. All of the cash advances and purchases were for personal items.
Harper also opened fraudulent accounts at Charlotte Metro Federal Credit Union, Truliant Federal Credit Union, and Chase Bank USA. The total actual loss to all the financial institutions was $75,571.51.
Ms. Drake stated the statutorily mandated penalty faced by Harper is imprisonment for two years, with a potential fine up to $250,000.
The United States Secret Service investigated the case. Assistant United States Attorney Winston David Holliday, Jr., of the Columbia office is prosecuting the case.
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Charleston felon sentenced to over eight years in federal prison for gun crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to eight years and four months in federal prison for a gun crime, announced United States Attorney Carol Casto. Randy Allen Taylor, 34, previously pleaded guilty to a single-count indictment charging him with being a felon in possession of a firearm.
On September 4, 2016, Taylor consented to a search by the Charleston Police Department of a hotel room at the Courtyard Marriott in Charleston. During the search, officers recovered a Kel-Tec, Model PF-9, 9mm pistol and approximately 3.7 ounces of methamphetamine. Following the search of the hotel room, Taylor consented to a search of his 2005 Lincoln Aviator. Inside the vehicle, officers recovered a stolen Cobra, Model CA-380, .380 caliber handgun.
Taylor was prohibited from possessing any firearm under federal law because of a 2011 felony conviction in the United States District Court for the Southern District of West Virginia for possession with intent to distribute oxycodone.
The Charleston Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Matt Davis handled the prosecution. United States District Judge John T. Copenhaver, Jr., 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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Central Man Pleads Guilty to Possession with Intent to Distribute MethamphetamineRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated that David Lee Cook, age 38, of Central, South Carolina, entered a guilty plea yesterday in federal court in Greenville to Possession with Intent to Distribute 50 Grams or More of a Substance Containing Methamphetamine, in violation of Title 21 U.S.C. § 841. United States District Judge Timothy M. Cain accepted the guilty plea and will impose the sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on May 5, 2017, law enforcement observed someone throw a brown bag from the window of a car. Officers collected the brown bag and located methamphetamine. Officers pulled over the vehicle, in which Cook was the passenger. Cook confessed that he had thrown the bag of drugs out of the window when he saw the officer’s vehicle.
Ms. Drake stated that the maximum penalty Cook could receive is 40 years imprisonment and a fine of $5,000,000 dollars. The case was investigated by agents of Bureau of Alcohol, Tobacco and Firearms, and the Anderson County Sheriff’s Office. Assistant United States Attorneys Jamie Lea Schoen of the Greenville office prosecuted the case.
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Captain with Bristol County Sheriff’s Office Charged with Smuggling Profits to PortugalRead the Press Release
BOSTON – A Captain with the Bristol County Sheriff’s Office was arrested and charged today in connection with helping Carlos Rafael, the owner of one of the largest commercial fishing businesses in the U.S., smuggle the profits of his illegal overfishing scheme to Portugal.
Jamie Melo, 45, of North Dartmouth, Mass., was charged with one count each of bulk cash smuggling, structuring and conspiracy. He was released on a $10,000 unsecured bond following his appearance in federal court in Boston late this afternoon.
In May 2015, federal agents began an undercover operation targeting Carlos Rafael, the owner of one of the largest commercial fishing businesses in the U.S. In the fall of 2015, undercover agents, posing as potential buyers of Rafael’s business, met with Rafael to negotiate buying his fishing business. Rafael told the agents that he hid the cash proceeds of his illegal fishing sales, in part, by smuggling the money to Portugal. Rafael said that he sometimes took the money himself, but also used the services of others, and referred to knowing several members of the Bristol County Sheriff’s Office, including Melo, whom he described as, “the captain at the prison.”
On Nov. 10, 2015, agents conducting surveillance as Logan Airport saw Melo and Rafael arrive in a white car, marked as belonging to the Bristol County Sheriff’s Office, for a flight to Portugal. Melo completed TSA screening without incident, but Rafael was found in possession of $27,000, for which he completed a financial affidavit. Several other acquaintances of Rafael and Melo were also on the flight and, allegedly coordinated by Melo, helped Rafael smuggle an additional $50,000 in cash to Portugal. It is further alleged that before the flight, Melo distributed envelopes of cash to these acquaintances, each of whom took an envelope on the flight and returned it to Melo or Rafael after landing in Portugal. Two days later, on Nov. 13, 2015, Portuguese bank records indicate that $76,000 in U.S. currency was deposited into a Banif Bank account in Rafael’s name.
The charge of conspiracy provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of bulk cash smuggling provides for a sentence of no greater than five years in prison, three years of supervised release and a fine of $250,000. The charge of structuring carries a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $500,000. 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; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Gregory K. Null, Special Agent in Charge of the Department of Homeland Security, Office of Inspector General, Office of Investigations, Philadelphia Field Office; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Andrew E. Lelling of Weinreb’s Economic Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Buster Hernandez, aka “Brian Kil,” and “Purge of Maine” charged in nation-wide cyber sextortion and threat caseRead the Press Release
Alleged to have extorted and made death threats to minor victims around the country-Victims are urged to contact law enforcement if threats were made
PRESS RELEASE
Indianapolis –A Bakersfield, California, man was recently charged in the Southern District of Indiana for making cyber threats to young woman in a suburb of Indianapolis. He is also believed to have made similar threats to other teenagers around the country in as many as ten states, including Maine. Buster Hernandez, 26, a/k/a Brian Kil, a/k/a Purge of Maine, was charged with threats to use an explosive device, threats to injure and sexual exploitation of a child.
“Terrorizing young victims through the use of social media and hiding behind the anonymity of the Internet will not be tolerated by this office,” said Minkler. “Those who think they can outwit law enforcement and are above being caught should think again. Mr. Hernandez’s reign of terror is over.”
According to court documents, the Brownsburg Police Department contacted the FBI in December 2015, asking for assistance with a cyber-threat case involving a minor female victim (Victim 1), a resident of Plainfield Indiana. The threats came from a person known only at the time as “Brian Kil” who used Facebook to communicate with Victim 1 to extort sexually explicit pictures from her. This pattern continued for approximately 16 months with Victim 1 sending sexually explicit images of herself under threat by “Brian Kil.” This technique is commonly referred to as “sextortion.”
When Victim 1 refused to provide additional images as demanded, Hernandez is alleged to have made physical threats to Victim 1, stating “I am coming for you. I will slaughter your entire class and save you for last.” He further made threats to law enforcement saying, “I will add a dozen dead police to my tally…Try me pigs, I will finish you off as well.” These threats caused school administrators to close the Plainfield and Danville High Schools. The Shops at Perry Crossing in Plainfield was also closed December 19, 2015, but reopened the following day after law enforcement insured there were no credible threats.
Hernandez is also alleged to have sexually exploited and threatened two other minor victims (Victims 2 and 3). When Victim 2 stopped complying with Hernandez’s demands, he posted sexually explicit images and videos of Victim 2 that she sent to Hernandez against her will. According to the complaint affidavit, Hernandez asked Victim 3 to attend a community forum held in Plainfield, Indiana, and record law enforcement’s statements about the investigation into “Brian Kil.”
In addition, Hernandez is alleged to have “sextorted” a number of victims in at least 10 federal districts.
“This was a unique and complex investigation that highlights the tenacity, perseverance, expertise and dedication of the FBI Indianapolis’ Crimes Against Children Task Force and was a top priority. Innovative techniques were utilized, solutions to roadblocks created and partnerships with key private sector partners were developed,” said W. Jay Abbott, Special Agent in Charge of the FBI’s Indianapolis Division. “I stood in front of concerned parents and community members and told them we would find the person who had been victimizing these young girls and, with the tireless work of our agents and partners, we never gave up.”
Hernandez had his initial appearance in the Eastern District of California on Friday, August 4, 2017. He will appeared before a magistrate judge in Indianapolis at 3pm Wednesday, Aug 30, 2017.
This investigation was jointly conducted by the Federal Bureau of Investigation, the Indiana State Police, the Plainfield Police Department and the Brownsburg Police Department.
Indiana State Police Superintendent Doug Carter said, “I have no doubt Buster Hernandez had forgotten all about Plainfield, Indiana and the terror he inflicted; but none of us here forgot.” Carter concluded, “We said we’d keep looking until we found you, and we did.”
According to Assistant United States Attorney Tiffany J. Preston who is prosecuting this case for the government, Hernandez faces a mandatory minimum sentence of 15 years’ imprisonment, and a maximum of 30 years’ imprisonment if convicted on all counts.
A criminal complaint is merely a charge and not evidence of guilt. All defendants are presumed innocent until proven otherwise in federal court.
If you believe you have been a victim of sextortion by Buster Hernandez, a/k/a Brian Kil, a/k/a Purge of Maine, please contact the Indianapolis FBI Office at https://tips.fbi.gov/ or call 317-595-4000, Option 2, to make a report.
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Burlington Man Sentenced to Prison for Felon in Possession of a FirearmRead the Press Release
DAVENPORT, IA – On August 30, 2017, Daniel James Lusk, 26, formerly of Burlington, Iowa, was sentenced by United States District Court Chief Judge John A. Jarvey to 60 months in prison for felon in possession of a firearm, announced United States Attorney Kevin E. VanderSchel. Lusk will serve three years of supervised release and pay a $100 special assessment to the Crime Victims’ Fund.
On October 24, 2016, Lusk was arrested in Burlington in possession of two handguns. Lusk was arrested after burglarizing a private residence.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Burlington Police Department, and Des Moines 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].
Bureau of Prisons Employees Indicted by Federal Grand JuryRead the Press Release
Abingdon, VIRGINIA – A federal grand jury in Abingdon returned two indictments yesterday against four United States Bureau of Prisons correctional officers who were employed at United States Penitentiary at Lee County (“USP-Lee”), Acting United States Attorney Rick A. Mountcastle announced.
The indictments returned against Charles Carter, 47, of Wise, Va., Ryan Sluss, 27, of Coeburn, Va., and William Marshal, 49, of Jonesville, Va., charge them each with one count of making a false statement and using a false writing in a matter within the executive branch of the United States government. The indictment returned against Jerry Shuler, 38, of Big Stone Gap, Va., charges him with ten counts of making a false statement and using a false writing in a matter within the executive branch of the United States government.
The indictment alleges that Sluss, Marshall, Carter, and Shuler, while employed at USP-Lee, falsified forms in the Special Housing Unit stating they, or other officers, had done required checks on inmates when the checks were in fact not conducted.
The investigation of the case was conducted by the Department of Justice Office of the Inspector General and the United States Bureau of Prisons. Assistant United States Attorney Zachary T. Lee will prosecute the case for the United States.
A Grand Jury Indictment is only a charge and not evidence of guilt. The defendants are entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
Brunswick Gang Leader Sentenced to 25 Years in Federal PrisonRead the Press Release
BRUNSWICK, GA -- Calvin Lewis, 38, from Brunswick, Georgia, was sentenced earlier this week by United States District Judge Lisa Godbey Wood to 25 years in federal prison for his role in a violent gang and drug trafficking organization that operated in Southeast Georgia and elsewhere.
Evidence presented during numerous hearings revealed that Calvin Lewis was the Brunswick-area leader of the Rolling 20’s Bloods gang, whose members endured “beat ins” as part of their initiations. During a lengthy undercover investigation, FBI agents and Glynn County Police Department investigators conducted multiple wiretaps to gather evidence and to dismantle Lewis’ drug organization. Wire intercepts revealed that Lewis encouraged his fellow gang members to gather firearms to protect their drug trafficking organization and to retaliate against threats, both perceived and real. Investigating agents were also able to determine that Lewis and other conspirators sold kilograms of cocaine and crack cocaine from “trap” houses located throughout Brunswick, Georgia.
Lewis was one of 19 conspirators in Brunswick convicted as part of an investigation dubbed by law enforcement as “Operation Bloody Prince.” The operation was investigated through the Organized Crime Drug Enforcement Task Force (OCDETF), which is comprised of local, state and federal law enforcement agents. Melvina Lewis, Calvin Lewis’ wife, was previously sentenced to 165 months in federal prison; their step-son, Jamar Bradley, was sentenced to 215 months in prison. Agencies that participated in the FBI-led investigation included the Coastal Georgia Violent Gang Task Force, the Glynn County Police Department and the United States Marshal’s Service.
Assistant United States Attorneys E. Greg Gilluly, Jr. and Tania D. Groover prosecuted the cases on behalf of the United States. For questions, please contact the U. S. Attorney’s Office at (912) 201-2522.