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30 August 2017
Boston Man Pleads Guilty to Illegally Possessing FirearmsRead the Press Release
Portland, Maine: Acting United States Attorney Richard W. Murphy announced that Dane Mitchell, 25, of Boston, Massachusetts, pled guilty today in U.S. District Court to being a felon in possession of firearms.
According to court records, on April 8, 2017, Mitchell and another individual travelled to Gray, Maine, where they rented firearms, purchased ammunition, and fired the weapons at a shooting range. Boston Police Department officers identified Mitchell and the shooting range from videos that were uploaded to Snapchat. Mitchell was prohibited from possessing firearms as the result of his 2016 Massachusetts felony convictions for possessing a firearm without a permit and possessing a firearm with a defaced serial number.
Mitchell faces up to 10 years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boston Police Department’s Youth Violence Strike Force.
Allendale Drug Trafficker Convicted by Federal JuryRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Ernest Roberts, a/k/a “Balla Walla,” (age 41) of Allendale, South Carolina, was convicted this morning by a jury in Columbia, South Carolina, after a two-day trial in federal court. Roberts was charged and convicted of possession with intent to distribute and distribution of crack cocaine, in violation of Title 21, United States Code, Section 841.
Audio and video evidence presented at trial established that on February 22, 2016, Roberts traveled to Bert’s Fast Stop and Pawn Store in Fairfax, South Carolina to meet with an informant working with the South Carolina Law Enforcement Division (SLED). After discussing the meet on several recorded phone calls, evidence established that Roberts sold the informant 26.35 grams of “crack” cocaine in exchange for $1300.00 while standing near 10th Street in Fairfax. SLED Agents testified that they observed the transaction and identified Ernest Roberts as the individual who met with the informant to conduct the controlled purchase.
During a pretrial conference held on the case on August 23, 2017, the parties discussed Roberts’ extensive prior record for drug distribution offenses. As a result of his prior convictions for possession with intent to distribute oxycodone and crack cocaine in 2014, possession with intent to distribute marijuana in 2013, and distribution of cocaine in 2006, Roberts faces a statutory sentencing range of up to 30 years in federal prison as a result of his conviction.
This case was investigated by Special Agents with the South Carolina Law Enforcement Division (SLED) and Officers with the Allendale Police Department. The case was prosecuted pursuant to 14th Circuit Solicitor Duffie Stone’s longstanding partnership with the United States Attorney’s Office to target career criminals in Beaufort, Jasper, Hampton, Colleton, and Allendale Counties in federal court. Solicitor Stone noted, “this case is an excellent example of how State and Federal cooperation can target and eliminate the threat of career criminals in South Carolina.” Special Assistant United States Attorney Carra Henderson of the 14th Circuit Solicitor’s Office and Assistant United States Attorney JD Rowell of the US Attorney’s Office in Columbia prosecuted the case.
United States District Judge Mary G. Lewis of Columbia presided over the trial of the case and will impose sentence after a presentence investigation report has been prepared by the United States Probation Office.
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Akron man indicted for trafficking heroin and cocaineRead the Press Release
An Akron man was indicted for trafficking heroin and cocaine, said Justin E. Herdman, U.S. Attorney for the Northern District of Ohio.
A federal grand jury returned a two-count indictment charging Mark E. Jones, 44, with possession of approximately 230 grams of heroin and approximately 374 grams of cocaine.
Jones was arrested on a federal criminal complaint on August 3, 2017. Agents from the DEA and the Summit County Drug Unit served a search warrant at a residence in Akron where they located and seized both cocaine and heroin, according to court documents.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The matter is being prosecuted by Assistant U.S Attorney Teresa L. Riley following an investigation by the DEA and Summit County Drug Unit.
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.
5 Arrested for Trafficking over 1,300 Pounds of Candles Containing MethamphetamineRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James J. Hunt, the Special Agent-in-Charge of the New York Field Office of the Drug Enforcement Administration (“DEA”), Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced today the arrests of AGUSTIN ZAMORA-VEGA, a/k/a “Julio Cesar,” ORLANDO ALCANTARA, CINDY CARRILLO, SANTOS MINJAREZ, and JOSE LUIS GONZALEZ-SOLIS, all of whom conspired to distribute over 1,300 pounds of wax candles laced with methamphetamine. The defendants were arrested overnight in New Jersey, and were presented today before U.S. Magistrate Judge Kevin Nathaniel Fox.
Acting Manhattan U.S. Attorney Joon H. Kim said: “As alleged, the defendants worked to distribute a massive quantities of methamphetamine, concealed in wax candles. As creative as these defendants were, allegedly hiding dangerous drugs in a common household item, law enforcement was on top of this newest scheme.”
DEA Special Agent-in-Charge James J. Hunt said: “DEA has seen drugs smuggled in numerous ways: concealed in puppies, lollipops, furniture, and produce. But secreting a million dollars’ worth of methamphetamine in wax candles of various shapes is shocking. This seizure signifies that drug trafficking organizations are determined to create a stronghold of meth users in the Northeast. Through the good work of SDNY, DEA, HSI and NYPD, this load of methamphetamine was seized before it even hit the streets, thwarting the organization's plans.”
HSI Special Agent-in-Charge Angel M. Melendez said: “These individuals allegedly possessed more than half a ton of wax candles that would be melted down and converted into crystal meth, eventually introducing more of these destructive synthetic drugs onto our streets. Drug traffickers are always thinking of more creative ways to store and traffic their drugs. But the ever evolving way in which investigations are conducted and information is shared among law enforcement is key to identifying and prosecuting these criminals.”
According to the allegations contained in the Complaint[1] charging the five defendants:
In August 2017, law enforcement agents learned that ZAMORA-VEGA was seeking a facility in which he intended to store and convert a large quantity of methamphetamine into crystal form (“crystal meth”). After that, on August 17, 2017, an undercover officer (the “UC”) drove with ZAMORA-VEGA to a warehouse in New Jersey (the “NJ Warehouse”) that the UC offered to ZAMORA-VEGA to use to store and convert methamphetamine to crystal meth. ZAMORA-VEGA indicated that he was interested in using the NJ Warehouse for those purposes.
In the days following August 17, 2017, ZAMORA-VEGA indicated to the UC that he was expecting a large shipment of methamphetamine to arrive in the New York area in the coming days, and that he intended to transport the methamphetamine to the NJ Warehouse where he would convert it to crystal meth.
On August 29, 2017, ZAMORA-VEGA told the UC that the methamphetamine had arrived at a facility on Long Island. CARRILLO texted the UC the address of the Long Island facility so that the UC could meet ZAMORA-VEGA and CARRILLO there. Ultimately, however, the UC agreed to meet ZAMORA-VEGA and CARRILLO at a hotel in New Jersey where ZAMORA-VEGA and CARRILLO had been staying (the “NJ Hotel”).
When the UC arrived at the NJ Hotel, he met with ZAMORA-VEGA, CARRILLO, ALCANTARA, MINJAREZ, and GONZALEZ-SOLIS. While at the NJ Hotel, ZAMORA-VEGA showed the UC that the boxes contained a large quantity of what appeared to be wax candles (the “Meth Candles”). ZAMORA-VEGA indicated that the candles actually contained methamphetamine, which could be melted and converted to crystal meth. Thereafter, all of the defendants travelled from the NJ Hotel to the NJ Warehouse.
Once at the NJ Warehouse, ZAMORA-VEGA, CARRILLO, ALCANTARA, MINJAREZ, GONZALEZ-SOLIS all engaged in a discussion with the UC about the fact that the NJ Warehouse would be used to convert the Meth Candles to crystal meth. The defendants continued to discuss with the UC topics such as how they intended to begin converting the Meth Candles to crystal meth; that they would stay in the NJ Warehouse until the process was completed; that they would need additional equipment; and that they expected it would take them from August 29, 2017, until September 2, 2017, to complete the process of converting the Meth Candles to crystal meth. ALCANTARA stated that two fans, one on each side of the NJ Warehouse, would need to be uncovered before they began converting the Meth Candles to crystal meth. In response, GONZALEZ-SOLIS stated that only one fan needed to be uncovered, since they would only be converting the Meth Candles to crystal meth in that area of the NJ Warehouse.
Thereafter, MINJAREZ indicated that he would purchase the necessary supplies. At that point, CARRILLO provided a credit card to MINJAREZ and told MINJAREZ to charge to the credit card all items purchased to convert the Meth Candles to crystal meth. MINJAREZ left the NJ Warehouse. Shortly thereafter, ZAMORA-VEGA, ALCANTARA, MINJAREZ, GONZALEZ-SOLIS and the UC unloaded the boxes containing the Meth Candles. ZAMORA-VEGA, CARRILLO, ALCANTARA, and GONZALEZ-SOLIS were subsequently placed under arrest. MINJAREZ was arrested later at the NJ Hotel.
Agents with the DEA, HSI, and NYPD recovered from the NJ Warehouse approximately 27 cardboard boxes each containing a large number of candles, with an aggregate weight in excess of 1,300 pounds. A field test of one of the Meth Candles revealed that the Meth Candle contained a detectable amount of methamphetamine.
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AGUSTIN ZAMORA-VEGA, a/k/a “Julio Cesar,” 30, ORLANDO ALCANTARA, 33, CINDY CARRILLO, 27, SANTOS MINJAREZ, 26, and JOSE LUIS GONZALEZ-SOLIS, 28, are each charged with one count of conspiracy to distribute and possess with the intent to distribute 500 grams and more of mixtures and substances containing methamphetamine. This charge carries a mandatory minimum sentence of 10 years in prison and a maximum of life in prison. The statutory maximum sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Kim praised DEA, HSI, and the NYPD for their outstanding work on the investigation. He added that the investigation is continuing.
This matter is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Jonathan Rebold and Danielle Sassoon are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
29 August 2017
Zuni Pueblo Man Sentenced for Federal Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Darold Ray ZunieFeathers, 21, a member and resident of Zuni Pueblo, N.M., was sentenced today in federal court in Santa Fe, N.M., to 30 months in prison followed by three years of supervised release for his involuntary manslaughter conviction.
ZunieFeathers was arrested in April 2016, on a criminal complaint charging him with involuntary manslaughter. According to the complaint, ZunieFeathers killed a Zuni Pueblo man by running over him with a vehicle on July 29, 2015, on the Zuni Indian Reservation in McKinley County, N.M. At the time ZunieFeathers ran over the victim, ZunieFeathers was driving under the influence of alcohol. ZunieFeathers was subsequently indicted on the same charge on May 10, 2016.
On Jan. 11, 2017, ZunieFeathers pled guilty to the indictment and admitted killing the victim by driving recklessly while under the influence of alcohol. ZunieFeathers acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.
This case was investigated by the Gallup office of the FBI and the Zuni Police Department and was prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
Windham Resident Involved in Drug Ring Sentenced to 15 Months in PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JOSE LIZARDO-OLEA, 30, a citizen of the Dominican Republic last residing in Windham, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 15 months of imprisonment, followed by three years of supervised release, for trafficking cocaine and crack.
According to court documents and statements made in court, in October 2015, the DEA, Willimantic Police Department and Connecticut State Police initiated an investigation into a Willimantic-based narcotics trafficking ring after several overdoses in the region. The investigation, which included the use of confidential informants, physical surveillance, controlled purchases of drugs and court authorized wiretaps on five cellular telephones utilized by the co-conspirators, revealed that Jose Miranda, also known as “Omar,” 52, of the Bronx, N.Y., was supplying large quantities of heroin and cocaine to individuals in eastern Connecticut and Rhode Island, including Carlos Alberto Lopez-Zelada, of Willimantic, and Persio Hernandez, of North Windham. In Connecticut, Lopez-Zelada converted a portion of the cocaine he received into crack cocaine. Lopez-Zelada, Hernandez and other co-conspirators then distributed heroin, cocaine and crack cocaine in the Willimantic area.
LIZARDO-OLEA worked with Carlos Lopez-Zelada in supplying cocaine and crack cocaine, connecting Lopez-Zelada to customers, and delivering drugs for Lopez-Zelada.
LIZARDO-OLEA was arrested on July 6, 2016. On December 23, 2016, he pleaded guilty to one count of conspiracy to distribute cocaine and cocaine base (“crack”).
LIZARDO-OLEA faces immigration proceedings when he is released from prison.
Miranda, Lopez-Zelada and Hernandez pleaded guilty to related charges. On June 13, Miranda was sentenced to 74 months of imprisonment. Lopez-Zelada and Hernandez await sentencing.
This matter is being prosecuted by Assistant U.S. Attorneys Patrick Caruso, David Nelson and Amy Brown.
Whiting Man Sentenced to Four Months for Social Security FraudRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Daniel Fitzsimmons, 54, of Whiting, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to four months in prison to be followed by three years of supervised release for social security fraud. Fitzsimmons was also ordered to pay about $144,415 in restitution. Fitzsimmons pleaded guilty on February 22, 2017.
According to court records, the defendant began receiving Social Security Disability Insurance (“SSDI”) payments in 2002. SSDI benefits are paid by the Social Security Administration (“SSA”) to people with disabilities. From 2003 to 2013, the defendant and his dependents received about $144,415 in SSDI benefits. In order to obtain those benefits, the defendant was required to certify that he could no longer perform “substantial gainful work.” In numerous forms submitted to the SSA and at an in-person SSA interview, the defendant reported little work activity and very low annual earnings between 2003 and 2013. In fact, an investigation revealed that, contrary to his statements, the defendant was actively and consistently engaged in commercial fishing over that period.
The case was investigated by SSA’s Office of Inspector General and the U.S. Coast Guard.
West Virginia Woman Sentenced to Seven Years in Federal Prison for Obstructing A Federal Kidnapping/Death InvestigationRead the Press Release
Orlando, Florida – U.S. District Judge Roy B. Dalton, Jr. has sentenced Belenda Sandy (57, Buckhannon, West Virginia) to seven years and three months in federal prison for obstruction of justice. She pleaded guilty on May 26, 2017.
According to court documents, Sandy obstructed justice and hindered a federal kidnapping/death investigation by making false statements and omitting material information during interviews with investigators. The investigation began on November 27, 2016, after a victim went missing in Ormond Beach, Florida. Investigators eventually determined that the victim had recently relocated to Florida from Indiana to get away from her estranged husband, Jarvis Wayne Madison, who was also in an intimate relationship with Sandy. In the days leading up to the victim’s disappearance, Madison stayed with Sandy at her West Virginia residence, where she provided him with food, money, and new tires for his vehicle. Eventually, Madison left Sandy’s residence and drove to Florida, where he located the victim as she was jogging on Ormond Beach. Phone records reflected that Madison had a 23-minute phone conversation with Sandy, just before the victim disappeared.
On November 28, 2016, an investigator contacted Sandy by telephone and interviewed her to determine Madison’s whereabouts. During this interview, Sandy denied having any recent contact with Madison. This statement was false. Even after the investigator informed Sandy that the victim had likely been abducted by Madison, she continued to claim that she had not seen Madison in a long time. Following the interview, Sandy met with Madison at a 7-11 gas station near her home and told him that law enforcement was looking for him in connection with the victim’s disappearance. Sandy’s false responses to the investigator’s inquiries ultimately delayed Madison’s arrest on federal kidnapping charges, and delayed the recovery of the victim’s body.
After learning from Sandy that law enforcement was looking for him, Madison drove to Tennessee, where he buried the victim’s dead body. He then drove to Kentucky, where law enforcement arrested him on December 2, 2016. On the same date, FBI agents recovered the victim’s body in Tennessee and determined that Madison had shot and killed her sometime after her disappearance on November 27, 2016.
Madison is currently charged in a superseding indictment with kidnapping that resulted in a death, interstate domestic violence, and interstate stalking. An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty. A trial date for Madison is currently set for the March 2018 trial term.
This case was investigated by the Federal Bureau of Investigation, with assistance from the Volusia County Sheriff’s Office, the U.S. Marshals Service, and the Indiana State Police. It was prosecuted by Assistant United States Attorney Andrew C. Searle.
West Plains Man Sentenced for Illegal FirearmRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a West Plains, Mo., man was sentenced in federal court today for illegally possessing a firearm.
Christopher Waldorf, 30, of West Plains, was sentenced by U.S. District Judge Brian C. Wimes to four years and three months in federal prison without parole.
On Nov. 14, 2016, Waldorf pleaded guilty to being a felon in possession of a firearm. Waldorf admitted that he possessed a loaded Taurus 9mm firearm on Sept. 3, 2015.
West Plains police officers were dispatched to a residence on Sept. 3, 2015, in response to a call for gunshots fired. When officers arrived, they determined that Waldorf became involved in an argument with another individual and, during that argument, fired the handgun.
The victim of Waldorf’s assault told officers that as he exited his vehicle, Waldorf approached him in an aggressive manner and said that he was going to kill him. Waldorf produced a pistol and fired one shot over the victim’s head. The victim stated that after the first shot, he grabbed Waldorf’s hand and pushed it away from his head. Waldorf responded by striking him along the side of his head with the pistol. The victim told officers that as Waldorf struck the side of his head, the pistol discharged, nearly striking him. After the second shot Waldorf ran inside his residence.
Officers found Waldorf hiding in a bedroom closet in his residence and placed him under arrest. Officers found the loaded firearm in a dresser drawer.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Waldorf has prior felony convictions for the sale of methamphetamine and possession of a controlled substance.
According to court documents, Waldorf has repeatedly possessed firearms and illegal narcotics and has been repeatedly arrested by the West Plains police department. Less than two months prior to Waldorf’s actions in this case, he was arrested for sale of methamphetamine and possession of ammunition. Approximately three months after this incident, law enforcement officers executed a search warrant of Waldorf’s residence and discovered numerous firearms, ammunition and drug paraphernalia containing drug residue.
This case was prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Plains, Mo., Police Department.
Webster Man Sentenced on Methamphetamine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-305BUFFALO, N.Y.-Acting U.S. James P. Kennedy, Jr. announced today that Brian Donaldson, 50, of Webster, NY, who was convicted of conspiracy to possess with intent to distribute five grams or more of methamphetamine, was sentenced to 51 months in prison by U.S. District Court Judge William M. Skretny.
Assistant U.S. Attorney Michael J. Adler, who handled the case, stated that the Drug Enforcement Administration received a tip regarding the drug trafficking activities of the defendant and his co-defendant Pablo Ulloa. On October 27, 2016, Hamburg Police conducted surveillance at a local motel where the defendants were staying. At approximately 9:15 p.m., Donaldson left the motel and was subsequently pulled over in a traffic stop by Hamburg officers. A search of the vehicle recovered a small quantity of methamphetamine, and a lock box, which contained a much larger quantity of methamphetamine.
A search was then conducted of the motel room where Donaldson and Ulloa were staying. During that search, officers recovered more containers of methamphetamine, several cellular telephones, drug packaging materials, a scale and pipes.
Pablo Ulloa has also been convicted, and he is scheduled to be sentenced November 1, 2017.
The sentencing is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division and the Hamburg Police Department, under the direction of Chief Gregory Wickett.
Waterville Man Convicted of Firearms ChargesRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Iulian Petre, also known as Julian Petre, 50, of Waterville, was convicted yesterday of illegally receiving and shipping firearms following a jury trial in U.S. District Court. He was found not guilty of smuggling and money laundering charges.
Court records and trial evidence revealed that in 2012 and 2013, Petre purchased and received firearms from out-of-state sellers intending to unlawfully export them. He shipped some of these firearms to Romania. The export of these firearms required authorization from the U.S. Department of State, which the defendant knowingly failed to obtain.
Petre faces up to 10 years in prison, a $250,000 fine, and three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the U.S. Department of Commerce’s Bureau of Industry and Security.
Virginia man sentenced for his role in a meth distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – Robert Lewis Jones, of Waynesboro, Virginia, was sentenced today to 168 months incarceration for methamphetamine distribution, Acting United States Attorney Betsy Steinfeld Jividen announced.
Jones, age 55, pled guilty to one count of “Conspiracy to Distribute Methamphetamine” in March 2017. Jones admitted to conspiring with others to distribute more than 500 grams of methamphetamine in the Northern District of West Virginia and elsewhere. The crime occurred from May 2013 until October 2016.
There was also a forfeiture judgement in the amount of $4,499.00, the amount seized in this case.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Mountain Regional Drug and Violent Crime Task Force and the Barbour County Sheriff’s Office investigated.
U.S. District Judge John Preston Bailey presided.Vice Lords Leader Sentenced for Gang-Related Shooting in DetroitRead the Press Release
A leader of the Vice Lords street gang was sentenced today to 146 months for his role in various criminal gang-related activities, including the May 7, 2015, shooting of four people with an AK-47 assault rifle.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Daniel L. Lemisch of the Eastern District of Michigan, Acting Special Agent in Charge Thomas L. Chittum of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Detroit Field Division, Special Agent in Charge David P. Gelios of the FBI’s Detroit Division and Chief James Craig of the Detroit Police Department made the announcement.
Kenneth Smith, 36, of Detroit, pleaded guilty on Feb. 22, 2016, before U.S. District Judge David M. Lawson of the Eastern District of Michigan, to one count of RICO conspiracy and one count of failure to appear in court.
In connection with his plea, Smith admitted that the Vice Lords is a national gang broken down into various “sets,” “decks,” or “branches,” which includes the Detroit-based Traveling Vice Lords (TVL), and that these sets operate in a hierarchical chain of command, answering to the gang’s leaders in Chicago, Illinois and Detroit, Michigan. Vice Lords members engage in a variety of racketeering crimes in furtherance of the gang’s activities, including shootings of rivals, armed robberies and narcotics trafficking. In addition, gang members impose punishment on members for violations of the gang’s rules, including for attempts to leave or withdraw from the gang, which often result in a physical beating or a “green light” order to kill.
Pursuant to his plea agreement, Smith admitted that he was a leader of the TVL, and that, in May 2015, he directed other members of the TVL to search for two individuals who had attempted to leave the gang in order to harm them. Smith further admitted that on May 7, 2015, members of the TVL traveled in multiple cars to the intended victims’ house, including a car owned by Smith’s girlfriend, where TVL members shot four victims with an AK-47.
As part of his plea, Smith also admitted that, while on pretrial release for a prior indictment in this case, he sent numerous text messages threatening harm to a potential witness and that witness’s children if the witness continued “telling” on the Vice Lords. Smith also admitted that, when the government filed a motion to revoke his pretrial release, he removed the GPS tether he had been ordered to wear as a condition of pretrial release and willfully failed to appear in court.
Smith is the last of nine defendants charged in connection with the May 7, 2015, shooting to be sentenced. Eight other members and leaders of the TVL previously pleaded guilty to charges related to the shooting and received sentences ranging from 36 to 240 months in prison for their respective roles. In addition, a tenth defendant previously pleaded guilty and was sentenced to 48 months in prison for witness tampering stemming from his role in accessing the shooting victims’ medical records to provide identifying information to Vice Lords gang members who wished to prevent the victims from cooperating in the investigation.
The arrests and convictions in this case are, in part, the result of the Detroit One Initiative, a collaborative effort between law enforcement and the community to reduce homicide and other violent crime in Detroit. Through the lead efforts of the Comprehensive Violence Reduction Partnership Task Force, which consists of representatives of the ATF, Detroit Police Department, Michigan State Police, Michigan Department of Corrections and FBI, law enforcement authorities linked various acts of violence in Detroit to the Vice Lords street gang, and identified the leaders and key members of the gang, who now have been held accountable.
The ATF, FBI and Detroit Police Department are investigating the case. Assistant U.S. Attorneys Christopher Graveline and Mark Bilkovic of the Eastern District of Michigan and Trial Attorney Joseph Wheatley of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.
Vice Lords Leader Sentenced for Gang-Related Shooting in DetroitRead the Press Release
A leader of the Vice Lords street gang was sentenced today to 146 months for his role in various criminal gang-related activities, including the May 7, 2015, shooting of four people with an AK-47 assault rifle.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Daniel L. Lemisch of the Eastern District of Michigan, Acting Special Agent in Charge Thomas L. Chittum of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Detroit Field Division, Special Agent in Charge David P. Gelios of the FBI’s Detroit Division and Chief James Craig of the Detroit Police Department made the announcement.
Kenneth Smith, 36, of Detroit, pleaded guilty on Feb. 22, 2016, before U.S. District Judge David M. Lawson of the Eastern District of Michigan, to one count of RICO conspiracy and one count of failure to appear in court.
In connection with his plea, Smith admitted that the Vice Lords is a national gang broken down into various “sets,” “decks,” or “branches,” which includes the Detroit-based Traveling Vice Lords (TVL), and that these sets operate in a hierarchical chain of command, answering to the gang’s leaders in Chicago, Illinois and Detroit. Vice Lords members engage in a variety of racketeering crimes in furtherance of the gang’s activities, including shootings of rivals, armed robberies and narcotics trafficking. In addition, gang members impose punishment on members for violations of the gang’s rules, including for attempts to leave or withdraw from the gang, which often result in a physical beating or a “green light” order to kill.
Pursuant to his plea agreement, Smith admitted that he was a leader of the TVL, and that, in May 2015, he directed other members of the TVL to search for two individuals who had attempted to leave the gang in order to harm them. Smith further admitted that on May 7, 2015, members of the TVL traveled in multiple cars to the intended victims’ house, including a car owned by Smith’s girlfriend, where TVL members shot four victims with an AK-47.
As part of his plea, Smith also admitted that, while on pretrial release for a prior indictment in this case, he sent numerous text messages threatening harm to a potential witness and that witness’s children if the witness continued “telling” on the Vice Lords. Smith also admitted that, when the government filed a motion to revoke his pretrial release, he removed the GPS tether he had been ordered to wear as a condition of pretrial release and willfully failed to appear in court.
Smith is the last of nine defendants charged in connection with the May 7, 2015, shooting to be sentenced. Eight other members and leaders of the TVL previously pleaded guilty to charges related to the shooting and received sentences ranging from 36 to 240 months in prison for their respective roles. In addition, a tenth defendant previously pleaded guilty and was sentenced to 48 months in prison for witness tampering stemming from his role in accessing the shooting victims’ medical records to provide identifying information to Vice Lords gang members who wished to prevent the victims from cooperating in the investigation.
The arrests and convictions in this case are, in part, the result of the Detroit One Initiative, a collaborative effort between law enforcement and the community to reduce homicide and other violent crime in Detroit. Through the lead efforts of the Comprehensive Violence Reduction Partnership Task Force, which consists of representatives of the ATF, Detroit Police Department, Michigan State Police, Michigan Department of Corrections and FBI, law enforcement authorities linked various acts of violence in Detroit to the Vice Lords street gang and identified the leaders and key members of the gang, who now have been held accountable.
The ATF, FBI and Detroit Police Department are investigating the case. Assistant U.S. Attorneys Christopher Graveline and Mark Bilkovic of the Eastern District of Michigan and Trial Attorney Joseph Wheatley of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case.
Two Individuals Charged in Synthetic Opioid Drug Conspiracy Following Overdose DeathRead the Press Release
NEWARK, N.J. – A man from New York and a woman from New Jersey were arrested this morning for their roles in a conspiracy to distribute dangerous designer drugs, including a synthetic opioid that is several times more potent than morphine, Acting U.S. Attorney William E. Fitzpatrick announced.
Brian Parker, 34, of Long Island City, New York, and Victoria Koleski, 29, of Farmingdale, New Jersey, are charged by criminal complaint with conspiring to distribute controlled substance analogues, and distributing and possessing with intent to distribute the controlled substance analogues U-47700, A-PHP, and 3-MEO-PCP. The defendants are scheduled to appear this afternoon before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court.
According to the complaint:
Controlled substance analogues are designer drugs that have chemical structures and hallucinogenic effects similar to Schedule I controlled substances. Parker, who has two prior convictions for federal narcotics-related crimes, allegedly manufactured and distributed controlled substance analogues and other illegal chemicals through two internet-based companies he controlled. The substances sold by Parker were linked to an overdose death which occurred in May 2016.
On May 22, 2016, law enforcement officers were dispatched to a residence in Madison, Wisconsin, in response to a report of a 37-year-old man who had stopped breathing. The victim was dead by the time officers arrived at his residence. An autopsy later confirmed that the victim’s death was caused by acute intoxication due to the combined effects of a substance called U-47700 and Benzodiazepine Analogue (Etizolam).
U-47700 is a synthetic opioid that is several times more potent than morphine. Law enforcement officers recovered several mail parcels that were addressed to the victim, one or more of which contained full glass vials labeled “U-47700,” as well as multiple invoices indicating the victim had been ordering U-47700 and other substances from a website run by Parker.
After learning of the victim's overdose, law enforcement agents began investigating one of Parker’s websites. The investigation revealed that Parker used other conspirators, including Koleski, to send and receive packages for his narcotics distribution business. Those conspirators received raw materials from China or elsewhere through the mail, repackaged and sent them to Parker, who then manufactured those materials into the chemicals that he sold online. Afterwards, Parker transported the finished products back to his conspirators, who then shipped them to Parker's customers.
For example, from June 30, 2017 through July 5, 2017, Koleski shipped approximately 218 parcels from a post office located in Farmingdale, many of which contained controlled substance analogues that Parker sold online. A court-authorized search and seizure of approximately 75 of those packages revealed that Parker and Koleski were also distributing the controlled substance analogues A-PHP and 3-MEO-PCP, which have chemical structures and hallucinogenic properties similar to the Schedule I controlled substances A-PVP and PCP, respectively.
Each charge in the complaint carries a maximum potential penalty of 20 years in prison and a $1 million fine.
Acting U.S. Attorney Fitzpatrick credited special agents with the Drug Enforcement Administration (DEA)’s New Jersey Division, under the direction of Special Agent in Charge Carl J. Kotowski, and postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James V. Buthorn, with the investigation leading to today’s arrests.
The government is represented by Assistant U.S. Attorney Melissa Wangenheim of the OCDETF/Narcotics Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
Three sentenced for five million dollar tax fraudRead the Press Release
ATLANTA - Kim A. Earlycutt, Shannon A. King, and Marcia Farmer, have been sentenced for conspiring to submit false tax returns totaling more than $5 million over the course of four years.
“The defendants went to great lengths to steal tax money from the IRS, with the twist in this case that they used stolen identities of foreign nationals to seek phony refunds,” said U. S. Attorney John Horn. “It all comes back to basic theft to enrich themselves at the expense of the taxpayers.”
“Identity theft continues to victimize unknowing individuals as well as the Internal Revenue Service. If you steal someone’s identity and file false tax returns, you will be prosecuted,” said Acting Special Agent in Charge, James E. Dorsey, IRS Criminal Investigation. “These sentencings should serve as a clear message to the public, theft will cost you significant jail time.”
“This is a great example of a joint investigation in which the financial footprints of these defendants were uncovered to gather evidence to bring them to justice. The prison sentences sent a strong message that we will continue to aggressively investigate criminals that engage in fraudulent schemes,” said David M. McGinnis, U.S. Postal Inspector in Charge of the Charlotte Division. “Together we will continue to be vigilant in disrupting criminal organizations who illegally utilize the U.S. Postal Service.”
“The United States Secret Service will continue to collaborate with our law enforcement partners and prosecutors to ensure that nefarious individuals who violate their positions of trust to illegally enrich themselves are put behind bars,” said Kenneth Cronin, Special Agent in Charge of the U.S. Secret Service, Atlanta Field Office. “This sentencing should be a warning to other like-minded criminals and their conspirators that stealing from the American people will not go unpunished.”
According to U.S. Attorney Horn, the charges and other information presented in court: The three defendants obtained identity documents of foreign nationals and forged foreign identity documents in connection with their work at T&K Tax Services and More, which Earlycutt partially owned. Using these identity documents, the defendants submitted IRS W-7 forms to get individual taxpayer identification numbers (ITINs). The defendants then created false and fraudulent tax claim forms, specifically Forms 1040, or individual income tax returns, using these ITINs. Included with these Forms 1040 were falsified W-2 forms, which had fraudulent employer information, income, withholding amounts, and deduction amounts.
The defendants filed the fraudulent tax returns with the IRS, by mailing them and by using T&K’s electronic filing number. The tax returns all contained requests for refunds which were not actually due. The defendants enriched themselves by retaining a portion of the tax refunds that had been fraudulently obtained, including in some instances the entire refund. In all, they sought refunds in excess of $7 million and actually received over $5 million in fraudulent refunds. They used these fraudulent funds to pay personal expenses, including paying their personal automobile insurance. One defendant, Kim Earlycutt, used the fraudulent funds for gambling.
Kim A. Earlycutt, 54, of Covington, Georgia, was sentenced to nine years in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $5,222,634. Earlycutt was convicted on these charges on June 15, 2017, after she pleaded guilty.
Shannon A. King, 37, of Lithonia, Georgia, was sentenced to four years, six months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $2,596,169. King was convicted on these charges on June 15, 2017, after he pleaded guilty.
Marcia Farmer, 51, of Snellville, Georgia, was sentenced to one year, six months in prison to be followed by nine months of home confinement, and three years of supervised release. She was ordered to pay restitution in the amount of $3,370,811. Farmer was convicted on these charges on October 28, 2016, after she pleaded guilty.
All three were sentenced by U.S. District Judge Leigh Martin May.
This case was investigated by the Internal Revenue Service Criminal Investigation, the U.S. Postal Inspection Service, and the U.S. Secret Service.
Assistant U.S. Attorney Christopher J. Huber prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Three Charged with Conspiring to Provide Illegal Big Game Hunts in Wrangell-St. Elias National Park and PreserveRead the Press Release
Anchorage, Alaska – Acting U.S. Attorney Bryan Schroder announced today that a federal grand jury in Anchorage has returned an indictment charging Jeffrey Harris, 44, from Poulsbo, WA, Dale Lackner, 72, from Haines, AK, and Casey Richardson, 47, from Huson, MT, with conspiring to provide illegal hunts for Dall Sheep, creating false records, and making false statements to federal agents in order to conceal the illegality of the hunts. Charges were also filed for illegally baiting game, and using xylitol, a substance toxic to wolves and coyotes, for predator control. All of the hunts occurred at the Ptarmigan Lake Lodge in Wrangell-St. Elias National Park and Preserve.
According to the indictment, Ptarmigan Lake Lodge (PLL) was permitted to operate as a concessionaire to provide sport hunting guide services within Wrangell-St. Elias National Park and Preserve. The indictment alleges that, during the 2014 and 2015 hunting seasons, out-of-state hunters illegally hunted and killed Dall Sheep at PLL without being accompanied by a registered guide. Harris and Richardson, not Alaska residents nor registered guides, are charged with illegally hunting themselves and conducting many of the illegal hunts. Lackner, a registered guide in 2015, conspired with Richardson to conduct an illegal hunt. The indictment further alleges that Harris and Lackner created false State of Alaska hunt records claiming the hunts were conducted with registered guides. Harris later made false statements to law enforcement during the investigation into the illegal activities at PLL.
In addition, the indictment alleges that Harris also engaged in illegal predator control by establishing bait piles. Richardson and Harris then used xylitol, an artificial sweetener in many food products, but deadly to canines and birds, on the bait piles to kill wolves and coyotes; such conduct is prohibited on a national preserve.
The law provides for a maximum sentence of five years in prison, and a $250,000 fine, or both. Under federal sentencing statutes, the actual sentences imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
It is lawful to hunt in a federal preserve if in compliance with federal and state laws.
The U.S. Fish and Wildlife Service, the National Park Service, the State of Alaska Wildlife Troopers, and the Montana Department of Fish, Wildlife and Parks conducted the investigation leading to the indictment in the case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Texas Man Facing Federal Armed Robbery, Carjacking and Firearms ChargesRead the Press Release
ALBUQUERQUE – Lane Michael Reed, 23, of Killeen, Texas, made his initial appearance today in federal court in Albuquerque, N.M., on a criminal complaint charging him with the armed robbery of a business involved in interstate commerce, carjacking and firearms offenses. During today’s proceedings, a U.S. Magistrate Judge determined that there was probable cause to support the charges against Reed, and ordered Reed detained pending trial based on findings that he poses a risk of flight and a danger to the community.
Acting U.S. Attorney James D. Tierney, 4th Judicial District Attorney Richard Flores, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, New Mexico State Police Chief Peter N. Kassetas and Santa Fe County Sheriff Robert A. Garcia announced the federal charges against Reed, noting that the federal prosecution is being pursued as part of the federal “worst of the worst” anti-violence initiative. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior felony convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
The criminal complaint charges Reed with interfering with interstate commerce by robbery, taking a vehicle from another by force and violence, using, brandishing and discharging a firearm during crimes of violence, and being a felon in possession of firearms and ammunition. Reed allegedly committed this rash of crimes on July 25, 2017, in San Miguel County, N.M. At the time, Reed was prohibited from possessing firearms or ammunition because he previously had been convicted on two felony offenses in the state of Texas.
According to the criminal complaint, on the morning of July 25, 2017, Reed allegedly robbed the Pecos River Station in San Jose, N.M., by brandishing a firearm at a clerk and a small child and taking money from the cash register. Shortly thereafter, the storeowner entered the store and Reed allegedly brandished a firearm at the storeowner and robbed the storeowner of the keys to his vehicle and a firearm. Reed allegedly departed the store in the storeowner’s vehicle and soon encountered officers of the New Mexico State Police and Santa Fe County Sheriff’s Office who responded to a “be on the lookout” callout for Reed. While driving on the frontage road to Interstate 25 and southbound on the Interstate and seeking to evade the officers, Reed allegedly discharged a firearm in the direction of the officers, some of whom returned fire.
Officers of the New Mexico State Police and Santa Fe County Sheriff’s Office arrested Reed without incident on Interstate 25 near Mile Post 247, and was charged with state offenses by the 4th Judicial District Attorney’s Office. Reed remained in state custody until he was transferred to federal custody yesterday to face the charges in the federal criminal complaint.
If convicted of the charges in the criminal complaint, Reed faces the following statutory maximum penalties: 20 years of imprisonment on the Hobbs Act robbery charge; 15 years of imprisonment on the carjacking charge; and ten years of imprisonment for being a felon in possession of a firearm. In addition, Reed faces statutory mandatory penalties of seven years of imprisonment for brandishing a firearm during a crime of violence and ten years of imprisonment for discharging a firearm during a crime of violence, which must be served consecutive to any sentence imposed on the other charges. Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Santa Fe office of the FBI, the New Mexico State Police and the Santa Fe County Sheriff’s Office. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Strengthening the global response to intellectual property crimeRead the Press Release
NEW YORK, USA – Law enforcement officials, security and industry experts are meeting in New York to strengthen global partnerships against intellectual property (IP) crime.
Through a review of operational case studies, best practices and industry perspectives, the 11th annual International Law Enforcement IP Crime Conference also aims to shape effective enforcement strategies.
The two-day (28 and 29 August) event is co-hosted by INTERPOL, the US Immigration and Customs Enforcement (ICE), and the National Intellectual Property Rights Coordination Center (IPR Center), in partnership with UL (Underwriters Laboratories) and the International Anti-Counterfeiting Coalition (IACC).
“The US Immigration and Customs Enforcement’s National Intellectual Property Rights Coordination Center is committed to targeting the illegal importation of counterfeit goods that threaten health and safety, wreak havoc on the U.S. economy and fund other types of criminality,” said Acting ICE Deputy Director Peter T. Edge.
“We are attacking transnational criminal organizations at all points in the global supply chain by working with our international partners to identify foreign manufacturers engaged in piracy and dismantle their production capabilities,” added Mr Edge.
Nearly 600 participants from more than 60 countries will focus on evolving crime trends in areas such as illicit trafficking on the Internet, as well as on protecting the public from potentially harmful products.
In this respect, more than 420 tonnes of illicit pharmaceutical and medical products worth approximately USD 21.8 million were recently seized during Operation Heera in West Africa. INTERPOL coordinated the operation which saw law enforcement forces collaborate with multi-agency stakeholders in the region.
“Combining our efforts on a global scale by involving all stakeholders from the public and the private sectors is the only way to get ahead of the ever-advancing criminals who make significant profits distributing products that are potentially harmful to public health,” said INTERPOL's Executive Director of Police Services, Tim Morris.
“With illicit markets expanding globally, INTERPOL’s role is fundamental in facilitating international efforts aimed at dismantling the transnational organized crime groups involved in illicit trafficking,” added Mr Morris.
INTERPOL’s Illicit Goods and Global Health programme encompasses all industry sectors and products affected by this serious organized crime area. It works with stakeholders to address a range of IP crimes which include illicit medicines, electronics, food and drink.
IACC President Bob Barchiesi said: “Counterfeiters do not operate within the confines of country borders and neither should we. The IACC believes that real, practical, effective and impactful solutions can only be produced through international cooperation by all parties.”
“Transnational IP crime groups continue to produce dangerous products at an alarming rate and on an industrialized scale, adapting quickly to changing circumstances,” said Keith Williams, UL President and CEO.“The IP Crime Conference is a perfect example of one of the many tools that have been developed to stem the flow of illegal counterfeit products. This year’s conference will drive discussion about technologies and other solutions that diminish product counterfeiting,” added Mr Williams.
The last decade has seen the successful development of the International IP Crime Investigators College (IIPCIC), an INTERPOL initiative undertaken jointly with UL to further strengthen existing capacity building activities.
The online training platform is available in various languages and has evolved into a highly recognized learning tool for law enforcement globally, accessed by over 13,500 users from more than 150 countries.Stratford Man Admits Distributing Heroin Involved in Woman's OverdoseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that RAYMOND J. GORDON, also known as “X-RAY,” 30, of Stratford, waived his right to be indicted and pleaded guilty today before U.S. District Judge Stefan R. Underhill in Bridgeport to one count of distribution of heroin.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, on December 10, 2016, Stratford Police and emergency medical personnel responded to a Stratford residence after receiving a report of an unresponsive 22-year-old female. The female, who was in her bedroom, was pronounced deceased. Responding officers collected wax folds containing suspected heroin, a hypodermic needle and other drug paraphernalia from the bedroom. Investigators also seized the victim’s cellphone. The investigation revealed that the victim purchased heroin from GORDON shortly before she died.
GORDON has been detained since his arrest on May 16, 2017.
Judge Underhill scheduled sentencing for November 21, 2017, at which time GORDON faces a maximum term of imprisonment of 20 years.
This matter is being investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area Task Force and the Stratford Police Department. The task force includes personnel from the Norwalk, Stamford, Stratford, Milford and Bridgeport Police Departments, and the Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Springfield Area Business Owner Sentenced for $5.5 Million Fraud SchemeRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that the owner of several Springfield, Mo., area restaurants was sentenced in federal court today for a more than $5.5 million bank fraud scheme.
Bruce Swisshelm, 70, of Battlefield, Mo., was sentenced by U.S. District Judge Brian C. Wimes to five years in federal prison without parole. The court also ordered Swisshelm to pay $5,592,583 in restitution.
Swisshelm was the owner of Horned Frog Deli, Inc., and Swisshelm Properties, Inc. These corporations, which specialized in the restaurant industry, owned and developed commercial properties in Springfield and elsewhere. Swisshelm owned and operated Burger King restaurants, Macaroni Grill restaurants, San Francisco Oven restaurants, McAlister’s Deli restaurants, Ebbett’s Field restaurants and a Fog City Coffee restaurant.
On July 22, 2015, Swisshelm pleaded guilty to bank fraud and money laundering. Swisshelm was originally sentenced to one year and one day in prison on Jan. 22, 2016, but the government appealed that sentence. The Eighth Circuit U.S. Court of Appeals found Swisshelm violated the terms of his plea agreement and ordered the case to be re-sentenced.
Swisshelm admitted that he submitted false financial documents to Great Southern Bank in order to receive four commercial loans, totaling $5,592,583, from February to June 25, 2011. The bank relied on the false information provided within the financial statements submitted by Swisshelm when it approved the commercial loans.
According to court documents, Swisshelm knew his businesses had lost money for several years and were on the brink of bankruptcy. He gambled away what little money remained, and Arvest Bank, his original bank, denied numerous requests for extensions on his existing loans and his request for additional financing. Instead of simply declaring bankruptcy or selling off a portion of his assets to potentially preserve a part of his business, Swisshelm perpetrated a multi-million dollar fraud against Great Southern Bank.
Swisshelm intentionally traded on his reputation and deceived officials with Great Southern Bank into believing that his businesses were in good financial heath and he was able to repay these multi-million dollar loans. When asked for his tax documents, he again lied to Great Southern Bank officials and claimed the documents were not complete.
Swisshelm instead submitted financial statements to the bank that claimed his businesses earned a net income of more than $780,000 in 2010. Tax documents submitted by Swisshelm to the Internal Revenue Service revealed those businesses had losses that exceeded $1.8 million in 2010.
Almost immediately after receiving these monies from Great Southern Bank, Swisshelm failed to make even his minimum payment requirements toward the loan. Within approximately 60 days Swisshelm filed for bankruptcy and attempted to have the entire $5.5 million loan excused by the bankruptcy court.
Officials with Great Southern Bank began investigating the representations made by Swisshelm when he applied for these loans. During the bank’s initial investigation and a subsequent investigation by law enforcement, it was determined that nearly every representation made by Swisshelm as to the financial standing of his businesses and restaurants were lies. He claimed that his two primary corporations were either making significant profits or had reversed earlier losses and were breaking even. He also claimed ownership of several restaurants outside the state of Missouri and claimed additional revenue from those businesses as support for approval of his loan request. In truth, both of Swisshelm’s corporations and his associated restaurants were losing vast sums of money. At the time his multi-million dollar loan was approved, his out-of-state restaurants, which he had claimed to Great Southern Bank were making money, had actually been closed, shuttered, or seized by his creditors for outstanding debts owed.
This case was prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the FBI and IRS-Criminal Investigation.
Six Individuals Charged in Fraud Scheme Targeting Elderly Victims Throughout the United StatesRead the Press Release
Tobey Hines, Tiffany Reynolds, Joshua Willis, Payton McCarville, Morgan Cornell, and Paul Chase, all from Dubuque or surrounding areas, have been charged with wire fraud. The charges are contained in an Indictment filed August 24, 2017, in United States District Court in Cedar Rapids.
The Indictment alleges that from December 2015 through September 2016, the individuals participated in a scheme to defraud people throughout the United States and that the fraud was primarily targeted toward the elderly. The charges allege that participants in the fraud would call a person on the phone and falsely tell that person that a relative was in jail. The caller would then ask the victim to wire money via Western Union or Money Gram as bail money to get the relative released. The charges allege that participants in the fraud picked up the wire transfers and, eventually, some of the participants would send the money overseas.
Hines, Reynolds, Cornell, and Chase were arrested and appeared in federal court today. Willis and McCarville have not yet appeared in court. In addition, fourteen other individuals who are alleged to have participated were charged in the Iowa District Court for Dubuque County and arrested today.
Hines is being held without bond pending a detention hearing on August 31, 2017. Reynolds, Cornell, and Chase were released pending trial.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
Four other people have previously pled guilty to their role in a scheme to similarly defraud elderly victims. On March 2, 2017, Shawn Vaassen pled guilty and admitted that he was picking up wire transfers sent to the Dubuque area by victims. At the same plea hearing, Vaassen also pled guilty to unlawfully possessing a sawed off shotgun. On May 9, 2017, Carlos Rodriguez pled guilty and admitted that he was also picking up wire transfers sent to the Dubuque area by victims. Finally, on May 19, 2017, Michael Marcov and Stephanie Marcov pled guilty and admitted they had participated in a scheme to defraud.
The prosecution is part of the Elder Justice Initiative of the Department of Justice. In June 2016, the United States Attorney’s Office for the Northern District of Iowa was selected as one of 10 districts in the nation to form an Elder Justice Task Force (http://go.usa.gov/cSngj). The task force was assembled to foster a collaborative working relationship among all levels of government officials, advocacy groups for the elderly and the disabled, and others charged with the care and protection for these vulnerable groups. The goals include ensuring the integrity of all government expenditures by eliminating fraud, waste, and abuse in health programs, and protecting some of the state’s most vulnerable citizens from harm, whether it occurs in nursing homes or other institutions or involves financial fraud schemes. To learn more about the Department of Justice’s Elder Justice Initiative, visit: https://www.justice.gov/elderjustice/.
The case is being prosecuted by Assistant United States Attorney Anthony Morfitt and was investigated by Homeland Security Investigations and the Dubuque Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file numbers are 17-CR-1038, 17-CR-1001, and 17-CR-1004.
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Serial robber of CVS Pharmacies sentencedRead the Press Release
ATLANTA - Kelvonne D. Charleston, a/k/a Kelvonne Don Charleston, a/k/a Kelvonne Dontwelle Charleston, has been sentenced after previously pleading guilty to committing at least five robberies at metro-Atlanta drug stores, and for assaulting FBI agents.
“The defendant was a violent criminal who terrorized ordinary citizens,” said U. S. Attorney John Horn. “Once he was caught, Charleston thought he could intimidate the FBI and police by driving his car toward them. He hit several cars, injured several law enforcement officers and caused significant damage.”
“The threat of bodily harm, even death, that this defendant posed to every day citizens and law enforcement officials was very real,” said David J. LeValley, Special Agent in Charge of the FBI Atlanta Field Office. “Every victim he confronted felt the potential threat of a real gun. It is also clear that he had a complete disregard for human life in his attempt to escape arrest. Thanks to the brave response of FBI agents and police, he poses no further threat to anyone.”
“Getting violent criminals off our streets is our priority for our department,” said Atlanta Police Chief Erika Shields. “We’re grateful to the U.S. Attorney’s Office for helping make sure our work on the street is followed up by serious prison time for these serious crimes.”
According to U.S. Attorney Horn, the charges and other information presented in court: From late 2013 through May 4, 2015, multiple CVS Pharmacies and other commercial businesses in the metropolitan Atlanta, Georgia, area were robbed by a man using the same method of operation. The man wore a mask or bandana and used what appeared to be a firearm to rob the stores. FBI and police identified a suspect, and found that the same individual was repeatedly showing up in the area of the robberies -- Kelvonne Charleston.
On May 4, 2015, the FBI and police moved in to arrest Charleston as he attempted to enter and rob a CVS pharmacy in Cumming, Georgia. When the agents identified themselves, Charleston turned toward the agents with what they believed was a real firearm. He then ran from them, got in his vehicle, and drove toward two FBI agents with the pistol in his hand. To stop him, the agents fired in self-defense at Charleston and wounded him. However, Charleston still managed to drive past these agents and only came to a stop after he struck two separate FBI vehicles and wrecked his own car.
Despite being wounded, Charleston fought with the agents as they removed him from his car and then discovered the replica of a real firearm. The agents administered lifesaving first aid and paramedics took Charleston to the hospital where he later confessed to robbing several CVS stores.
Kelvonne D. Charleston, a/k/a Kelvonne Don Charleston, a/k/a Kelvonne Dontwelle Charleston, 38, of Lithia Springs, Georgia, was sentenced by U.S. District Court Judge Thomas W. Thrash to 15 years, eight months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $36,413.15. He was convicted of these charges on June 1, 2017, after he pleaded guilty.
This case was investigated by the Federal Bureau of Investigation, Atlanta Police Department, Powder Springs Police Department, and Gwinnett County Sheriff’s Office.
Assistant U.S. Attorneys Angela Marie Munson and Joseph A. Plummer prosecuted the case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Sarasota Man Sentenced to Nearly Five Years for Role in Stolen Identity Refund Fraud SchemeRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Obenson Cerulist (27, Sarasota) to 4 years and 11 months in federal prison for theft of government property. He pleaded guilty on April 24, 2017.
According to court documents, in September 2013, a search warrant was executed at a home in Bradenton that Cerulist was sharing with Brandon Taylor. During the search, more than 250 items of personal identifying information (PII) belonging to others were found in the home. In February 2014, a second search warrant was executed at the home of Cerulist’s girlfriend, Loretta Gilchrist, where Cerulist occasionally stayed. PII was also found in Gilchrest’s home, along with prepaid debit cards and additional evidence linking Cerulist to the filing of fraudulent tax returns.
The direct loss to the Internal Revenue Service from fraudulent tax returns filed during the course of this scheme was $156,399.39. The total amount claimed as a result of fraudulent tax returns was $571,708.
Taylor and Gilchrist were also prosecuted for their roles in this scheme. On August 2, 2016, Taylor was sentenced to 32 months in federal prison for theft of government funds, and on February 28, 2017, Gilchrist was sentenced to 30 months for the same offense.
This case was investigated by Internal Revenue Service – Criminal Investigation. It was prosecuted by Assistant United States Attorney Adam M. Saltzman.
Retired U.S. Army Colonel Charged with Conspiring to Bribe Senior Officials of the Republic of HaitiRead the Press Release
BOSTON – A retired United States Army colonel was arrested and charged today for conspiring to bribe senior officials of the Republic of Haiti, and to launder funds for that purpose, in connection with a planned $84 million port development project in that country.
Joseph Baptiste, 64, of Fulton, Md., was charged in the District of Massachusetts with one count of conspiracy to violate the Foreign Corrupt Practices Act and to commit money laundering. Baptiste will make an initial appearance in federal court in Maryland this afternoon.
According to court documents, in or about August 2014, an investigation began into certain Haitian-American businessmen who were offering to facilitate bribes to high-level officials in the Haitian government, in exchange for the ability to obtain or retain business in that country.
It is alleged that Baptiste solicited bribes from undercover agents in Boston who posed as potential investors in infrastructure projects in Haiti, in connection with a proposed project to develop a port in the Mole-Saint-Nicolas area of Haiti. The proposed project was expected to cost approximately $84 million and was to involve the construction of multiple cement factories, a shipping-vessel recycling station, an international transshipment station with numerous slips for shipping vessels, a power plant, a petroleum depot and tourist facilities. During a recorded meeting at a Boston-area hotel, Baptiste allegedly told the agents that he would funnel the payments to Haitian officials through a non-profit entity that he controls – which is based in Maryland and purports to help impoverished residents of Haiti - in order to secure government approval of the project. The complaint also alleges that, in a subsequent recorded phone call, Baptiste had the following exchange with one of the undercover agents:
AGENT: OK, and would all the money that I . . . that I wire to you . . . would it all go to [Foreign Official 1] or only part of it?
BAPTISTE: I would say all of it.
AGENT: OK, so all the . . . so if [I] wire you 20 . . . if I wire 25,000 to [Maryland Non-Profit 1] it will all go to [Foreign Official 1]?
BAPTISTE: All going to be . . . yes, uh-huh.
AGENT: OK, and then, uh . . . you’re not . . . it . . . will he do those letters [committing to support the project] without the money? He . . . or does he have to have that money?
BAPTISTE: I think he has to have it.
In intercepted telephone calls, Baptiste also allegedly discussed bribing an aide to a senior Haitian official with a job on the port development project. It is alleged that after undercover agents wired approximately $50,000 to the non-profit controlled by Baptiste for the purpose of bribing Haitian officials, Baptiste used the $50,000 for personal purposes, though he intended to seek additional money from the agents to use for future bribe payments in connection with the port project.
The charging statute provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss. 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 of the District of Massachusetts; Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office, made the announcement. The FBI is investigating the case. Assistant U.S. Attorney Stephen E. Frank, Chief of Weinreb’s Economic Crimes Unit, and Trial Attorney Aisling O’Shea of the Criminal Division’s Fraud Section are prosecuting the case.
The charges contained in the charging document are merely accusations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
UPDATE: Criminal charges against the defendant, Joseph Baptiste, and his co-defendant, Roger Boncy, were dismissed in June 2022.
Retired U.S. Army Colonel Charged with Conspiring to Bribe Senior Officials of the Republic of HaitiRead the Press Release
A retired U.S. Army colonel was charged in a complaint unsealed today for his alleged role in a foreign bribery and money laundering scheme in connection with a planned $84 million port development project in Haiti.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney William D. Weinreb of the District of Massachusetts, Assistant Director Stephen Richardson of the FBI’s Criminal Investigative Division and Special Agent in Charge Harold M. Shaw of the FBI’s Boston Field Office made the announcement.
Joseph Baptiste, 64, of Fulton, Md., was arrested this morning on a criminal complaint filed in the District of Massachusetts. He was charged with one count of conspiracy to violate the Foreign Corrupt Practices Act and to launder money.
The complaint alleges that Baptiste solicited bribes from undercover agents in Boston who posed as potential investors in infrastructure projects in Haiti, in connection with a proposed project to develop a port in the Moles Saint Nicolas area of Haiti. According to the complaint, the proposed project was expected to cost approximately $84 million, and was to involve the construction of multiple cement factories, a shipping-vessel recycling station, an international transshipment station with numerous slips for shipping vessels, a power plant, a petroleum depot and tourist facilities. The complaint alleges that Baptiste told the agents, in a recorded meeting at a Boston-area hotel, that he would funnel the payments to Haitian officials through a non-profit entity that he controlled — which was based in Maryland and purported to help impoverished residents of Haiti — in order to secure government approval of the project.
The complaint further alleges that in telephone calls intercepted by agents pursuant to court authorization, Baptiste discussed bribing an aide to a senior Haitian official by giving him a job on the port development project after he left his position. It further alleges that although Baptiste ultimately used for personal purposes approximately $50,000 that he received from undercover agents for the payment of bribes to Haitian officials — money that was wired at Baptiste’s direction to a non-profit organization he controls — he intended to seek additional money from the undercover agents to use for future bribe payments in connection with the port project.
The charges contained in the complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI is investigating the case. The case is being prosecuted by Trial Attorney Aisling O’Shea of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Stephen E. Frank of the District of Massachusetts.
The Fraud Section is responsible for investigating and prosecuting all FCPA matters. Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
Raymond Man Sentenced to 30 Years for Producing Child PornographyRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that David Liverman, 33, of Raymond, New Hampshire was sentenced to 30 years in federal prison to be followed by lifetime supervised release for producing child pornography.
On May 23, 2017, Liverman pleaded guilty to one count of child pornography production. According to statements in court and court documents, Homeland Security Investigations (HSI) began to investigate Liverman based on information that a Dallas, Texas email account was engaged in trading child pornography. One of the email accounts which the Dallas email account traded with belonged to Liverman. Evidence from Liverman’s email account, including items depicted in some of the child pornography images, coupled with interviews conducted by Homeland Security Investigations, demonstrated that Liverman had produced in his home some of the child pornography images that he was trading.
"Preventing the production of child pornography is a high priority of the U.S. Attorney’s Office,” said Acting U.S. Attorney Farley. “We are committed to working with our law enforcement partners to identify and prosecute these troubling cases. By aggressively pursuing those who produce child pornography, we hope to deter others from engaging in similar egregious conduct in the future. This horrific conduct is harmful to young children and their families and does serious damage to our entire community.”
“The protection of children from sexual exploitation, as well as holding accountable those who produce and distribute child pornography, continues to be a high priority for Homeland Security Investigations,” said Matthew Etre, Special Agent in Charge, HSI Boston. “I’m proud of the work HSI and our New Hampshire law enforcement partners did to identify this predator and rescue the victim in this egregious case — as well as the ongoing work the Internet Crimes Against Children Task Force is doing to prevent future crimes against other children.”
The investigation in this case was led by Homeland Security Investigations, The Federal Bureau of Investigations, and the Raymond, New Hampshire Police Department with the assistance of the New Hampshire Internet Crimes Against Children Task Force. The case was prosecuted by Assistant United States Attorney Seth Aframe.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Queens Man Sentenced for Stealing from the GovnermentRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-305ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Charles Novak, 29, of Queens, NY, who was convicted of theft of government money, was sentenced to 12 months in prison by U.S. District Judge Elizabeth Wolford.
Assistant U.S. Attorney Kyle Rossi, who handled the case, stated that Novak conspired with others to cash multiple, forged U.S. Postal money orders in the Rochester and Syracuse, NY areas in 2016. The money orders had been altered and fraudulently raised in value from $1.51 to $1,000 each. During the scheme, Novak and others stole more than $48,000 from the United States Postal Service.
The defendant was identified when he presented a forged money order to a clerk at the Jefferson Road Post Office in Henrietta, NY. When a Postal Inspector approached Novak, he fled from the scene. During the ensuing chase, the defendant dropped a cell phone, which Postal Inspectors recovered and searched. The phone was logged on to the defendant’s Facebook account and Postal Inspectors retrieved his name and photograph. Novak was taken into custody in New York City in August 2016.
The sentencing is the result of an investigation by the United States Postal Inspection Service, under the direction of Inspector-in-Charge Shelly Binkowski of the Boston Division; and the Monroe County Sheriff’s Office, under the direction of Patrick O’Flynn.
Queens Man Charged with Attempting to Provide Material Support to ISISRead the Press Release
Yesterday, Parveg Ahmed of Queens, New York, a United States citizen, was arrested on charges of attempting to provide material support to the Islamic State of Iraq and al Sham (ISIS), a foreign terrorist organization. The defendant is scheduled to make his initial appearance this afternoon at the federal courthouse in Brooklyn before United States Magistrate Judge James Orenstein.
The charges were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Dana J. Boente, Acting Assistant Attorney General for National Security, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office, Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (HSI), and James P. O'Neill, Commissioner, New York City Police Department (NYPD).
“As alleged, Ahmed sought to take up arms with violent terrorists who have killed numerous innocent victims, including Americans,” stated Acting U.S. Attorney Rohde. “This Office and our law enforcement partners will continue to work tirelessly to arrest and prosecute extremists before they are able to threaten the United States and its allies.” Ms. Rohde extended her grateful appreciation to the FBI’s Joint Terrorism Task Force (JTTF), which comprises a large number of federal, state, and local agencies from the region. Ms. Rohde also thanked the U.S. Department of State and the U.S. Customs and Border Protection for their assistance.
“As we allege, Parveg Ahmed attempted to travel to Syria aligning himself with ISIS instead of his fellow Americans. Like others before him who chartered a similar path to join this violent terror group, Ahmed now finds his journey ends the same way - in a New York courtroom answering for his actions,” stated FBI Assistant Director-in-Charge Sweeney. “The FBI New York Joint Terrorism Task Force has a global reach and remains vigilant to the type of threat we allege was posed by Ahmed. I would like to thank all of our partner agencies for their continued vigilance. I would also encourage the community to notify law enforcement when they spot suspicious activity and behavior which helps the JTTF disrupt individuals aiming to conduct violence.”
“This man betrayed his own country to allegedly take up arms against it in the name of ISIS,” stated HSI Special Agent-in-Charge Melendez. “The JTTF’s proactive identification of individuals, like the defendant before any harm could be done against our nation, highlights the very principles on which the task force was founded.”
“As alleged, the defendant traveled to the Middle East in an effort to join ISIS. Mr. Ahmed also took extraordinary measures to destroy the electronic foot print he created,” said Police Commissioner James P. O’Neill. “This type of work goes on every day at the nation’s first Joint Terrorism Task Force here in Manhattan. My thanks to the detectives, agents, and prosecutors whose investigation resulted in today’s arrest and charges.”
As alleged in the complaint, the defendant traveled to Saudi Arabia in June 2017, purportedly to celebrate an Islamic religious holiday. Upon his arrival in Saudi Arabia, the defendant attempted to travel to Syria to enter ISIS-controlled territory. The defendant was detained in a Middle Eastern country bordering Syria.
Previously, the defendant had repeatedly expressed support on social media for ISIS and for individuals who provided support to the foreign terrorist organization’s mission of violent extremism. On July 17, 2017, JTTF agents obtained a search warrant for the defendant’s personal computer, and learned, among other things, that the defendant had viewed or listened to recordings of radical Islamic clerics Anwar al-Awlaki, a United States-born cleric and prominent leader of the foreign terrorist organization al Qaeda in the Arabian Peninsula, who was killed on or about September 30, 2011, and Abdullah el-Faisal, a Jamaican-born cleric, who was found guilty in the United Kingdom of, among other things, solicitation to commit murder, for preaching to followers to kill individuals, including Americans, because he deemed them to be enemies of Islam. On August 28, 2017, JTTF agents obtained a search warrant for electronic devices found in the defendant’s possession when he was detained attempting to travel to Syria. Examination of the devices revealed, among other things, the following:
- Messages sent to third parties expressing a desire to travel to ISIS-controlled territories.
- A message explaining that the defendant planned to join ISIS in Syria to wage violent jihad stating, “[W]e have made it to Dawlatul Islam [ISIS] in Syria. In sha Allah [God willing] we will join the Jihad very soon and in Sha Allah [God willing] we will then join the ranks of the Shuhuda [martyrs]. The West has invaded the land of the Muslims and is constantly attacking it.”[1]
- An internet browser history that indicates the defendant was researching maps of ISIS-controlled locations.
The defendant was deported to the United States on August 28, 2017, and he was arrested at John F. Kennedy International Airport.
If convicted, the defendant faces a maximum sentence of 20 years in prison. The charge in the federal complaint is merely an allegation, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s National Security & Cybercrime Section and the Justice Department’s National Security Division. Assistant United States Attorneys Alexander A. Solomon and Craig R. Heeren are in charge of the prosecution, with assistance provided by Trial Attorney Joshua D. Champagne of the Counterterrorism Section of the National Security Division of the Department of Justice.
The Defendant:
PARVEG AHMED
Age: 22
Queens, New York
E.D.N.Y. Docket No. 17-MJ-766
[1] Spelling is in original, and bracketed words and letters are added for clarity.
Pineville man pleads guilty to possessing child pornography onlineRead the Press Release
ALEXANDRIA, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Pineville man pleaded guilty Monday to using an online storage site to house child pornography.
Brandon McNamara, 26, of Pineville, La., pleaded guilty before U.S. District Judge Dee D. Drell to one count of possession of child pornography. According to the guilty plea, Canadian law enforcement agents arrested a resident of British Columbia in 2016 for online child pornography distribution. Canadian agents identified McNamara’s online alias as one of 57 different users exchanging child pornography with the Canadian defendant. Canadian agents alerted U.S. law enforcement, and McNamara was questioned on December 9, 2016. He admitted to possessing images of child pornography and said they were being stored on an online storage account.
McNamara faces up to 20 years in prison, five years to life of supervised release, mandatory registration as a sex offender and up to a $250,000 fine. The court set the sentencing date for December 15, 2017.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
The U.S. Department of Homeland Security and the Vancouver Royal Canadian Mounted Police conducted the investigation. Assistant U.S. Attorneys Jamilla A. Bynog and David J. Ayo are prosecuting the case.
Pine Ridge Man Found Guilty of Assault and BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that Jalen Walking Eagle, age 22, of Pine Ridge, South Dakota, was found guilty of Assault Resulting in Serious Bodily Injury and First Degree Burglary following a federal trial in Rapid City, South Dakota. The jury returned their verdict on August 24, 2017.
The charges carry a maximum penalty of 25 years in custody and/or a $250,000 fine, 5 years of supervised release, and a $100 special assessment to the Federal Crime Victims Fund.
Evidence at trial established Walking Eagle unlawfully entered the home of the victim during the nighttime on February 12, 2017, and assaulted him resulting in serious bodily injury.
This case was investigated by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen prosecuted the case.
A sentencing date will be set. Walking Eagle was remanded to the custody of the U.S. Marshals Service pending sentencing.
Parmelee Woman Sentenced for Assaulting ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, woman convicted of Assault by Striking, Beating, and Wounding was sentenced on August 25, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Charlee Spotted Tail, age 22, was sentenced to 4 months in custody, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $25.
Spotted Tail was indicted by a federal grand jury on October 12, 2016. She pled guilty on June 19, 2017.
The conviction stemmed from an incident that occurred on March 11, 2016, in Mission, South Dakota. Spotted Tail started an altercation in a store parking lot with a woman who was holding her six-month-old baby. Spotted Tail attempted to strike the woman, and instead struck the baby in the head. She then struck the baby a second time before fleeing the scene in a nearby vehicle.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Spotted Tail was immediately turned over to the custody of the U.S. Marshals Service.
Owner of Charlotte-Area Scrap Metal Business Pleads Guilty to Tax EvasionRead the Press Release
CHARLOTTE, N.C. – The owner of Charlotte-area scrap metal business pleaded guilty to tax evasion today, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Tony Marks, 47, of Matthews, N.C., appeared before U.S. Magistrate Judge David Keesler and admitted to concealing from the Internal Revenue Service (IRS) personal earnings derived from his business.
U.S. Attorney Rose is joined in making today’s announcement by Thomas J. Holloman III, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office (IRS-CI).
According to the filed court documents and today’s plea hearing, from in or about 2011 to the present, Marks was self-employed as a scrap metal broker. From in or about tax year 2011 through in or about tax year 2014, Marks concealed from the IRS significant personal earnings from his scrap metal broker business. According to court records, during the relevant time period, Marks deposited checks and cash receipts from his business and its customers into his personal bank accounts at various banks. Marks’ deposits or cashed checks totaled approximately $313,372, and were not included in gross receipts reported to the IRS. During the relevant time period, Marks failed to disclose or provide to his tax return preparer records from all of the bank accounts, as well as other information about his income from his business.
According to the filed court documents and today’s plea hearing, for years 2011 through 2014, Marks earned additional personal income which the defendant failed to report on his U.S. Individual Income Tax Return Form 1040 filed with the IRS. As a result of the unreported taxable income and the unreported gross receipts, Marks had additional tax due.
Marks pleaded guilty to one count of tax evasion. The charge carries a maximum penalty of five years in prison and a $250,000 fine. Marks was released on bond following today’s court appearance. A sentencing hearing for Marks has not been set yet.
The investigation was led by IRS-CI. Assistant United States Attorney Jenny G. Sugar of the U.S. Attorney’s Office in Charlotte is in charge of the prosecution.
Olean Man Pleads Guilty to Heroin and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-305BUFFALO, N.Y.–Acting U.S. Attorney James P. Kennedy, Jr. announced today that Giovanni Salmonson, 26, of Olean, NY, pleaded guilty to possession with intent to distribute heroin, and being a felon in possession of a firearm before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 30 years in prison and a $2,000,000 or both.
Assistant U.S. Attorney Patricia Astorga, who is handling the case, stated that on January 1, 2015, Olean Police responded to a trespassing complaint near the 200 block of North 1st Street. Upon arrival, an officer defendant near 225 North 1st Street and asked Salmonson to step out of the roadway and up onto the curb. The defendant took off running. While he was running away, the officer noticed that Salmonson was wearing a black Nike backpack/drawstring bag. A foot chase ensued and the defendant entered a backyard at 121 North 2nd Street after throwing the black Nike bag over a fence into another yard. An officer ordered Salmonson to the ground, and the defendant complied. After retrieving the bag, officers recovered a .22 caliber revolver from inside. Subsequently, officers also recovered 14 bags of heroin, six suboxone pills and $851 dollars in United States currency.
The plea is the culmination of an investigation on the part of the Olean Police Department, under the direction of Chief Jeff Rowley; and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
Sentencing is scheduled for December 11, 2017, before Judge Arcara.Ohkay Owingeh Man from Santa Fe Sentenced to Eleven Years for Federal Kidnapping ConvictionRead the Press Release
ALBUQUERQUE – Earl Adams, 53, an enrolled member of the Ohkay Owingeh Pueblo who resides in Santa Fe, N.M., was sentenced today in federal court in Albuquerque, N.M., to 11 years for his conviction on a federal kidnapping charge. Adams will receive credit for a year of tribal confinement on related tribal charges, requiring him to serve an additional ten years in federal custody. Adams will be on supervised release for two years after completing his prison sentence.
Adams was arrested on March 2, 2017, on an indictment charging him with assault resulting in serious bodily injury and kidnapping. According to the indictment, Adams committed the offenses on March 1 and 2, 2016, on the Ohkay Owingeh Pueblo in Rio Arriba County, N.M.
On May 9, 2017, Adams pled guilty to the kidnapping charge. In entering the guilty plea, Adams admitted seizing and confining the victim in a residence on March 1, 2016, because the victim refused to take him to the store to purchase alcohol. Adams assaulted the victim by punching and kicking her, dragging her around the residence by her hair, and binding her hands and feet with zip-ties. As the result of the assault, the victim suffered a black eye, a nasal fracture and a forearm fracture, both of which required surgery. The victim also sustained injuries to the hand and wrist, which required physical therapy, and loose front teeth. Adams admitted that he did not release the victim until March 2, 2016, when police arrived at the residence.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Ohkay Owingeh Tribal Police Department. Special Assistant U.S. Attorney Lucy Solimon prosecuted the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Ohio woman sentenced for illegally possessing a firearm and assaulting a U.S. MarshalRead the Press Release
ELKINS, WEST VIRGINIA – Peggy Chaffin, 38, of Portsmouth, Ohio, was sentenced today to 112 months incarceration for illegally possessing a gun and using said gun to obstruct a Deputy U. S. Marshal, Acting United States Attorney Betsy Steinfeld Jividen announced.
Chaffin admitted being a felon in possession of a .22 caliber rifle. She was previously convicted of felony heroin possession and distribution in the Eastern District of Kentucky in August 2013. Chaffin also admitted to using that gun to obstruct, assault, and resist a Deputy U.S. Marshal in Orlando, West Virginia, in November 2015.
Chaffin pled guilty to one count of “Felon in Possession of a Firearm” and one count of “Assaulting, Obstructing, or Resisting a Federal Officer” in February 2017.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The United States Marshals Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the West Virginia State Police, and the Braxton County Sheriff’s Office investigated.
U.S. District Judge John Preston Bailey presided.
Nine Baltimore Felons Arrested for Handgun Possession Under Federal Gun StatutesRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Baltimore, Maryland – Nine felons have been arrested for possession of handguns in Baltimore City. The arrests were announced today by Acting United States Attorney Stephen M. Schenning and Special Agent in Charge Daniel L. Board Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division.
The United States Attorney’s Office continues in its efforts to address the gun violence plaguing the Baltimore area by using Federal Statutes prohibiting felons from possessing firearms.
Nine defendants, listed below, were arrested in nine separate cases and will appear in United States District Court this week.
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Reginald Allen, age 33, of Baltimore, Maryland;
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Michael Awosika, age 39, of Baltimore, Maryland;
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Richard Bailey, age 27, of Baltimore, Maryland;
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Ikeyba Brown, age 32, of Baltimore, Maryland;
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Michael Corprew, age 31, of Baltimore, Maryland;
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Vatrone Foote, age 26, of Baltimore, Maryland;
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Samuel Joyce, age 28, of Baltimore, Maryland;
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Morranda Phimpisane, age 30, of Baltimore, Maryland;
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Terrell Wormley, age 31, of Baltimore, Maryland.
Acting United States Attorney Stephen M. Schenning noted that the United States Attorney’s Office, through its Exile Program, will continue to pursue felons with guns who constitute a clear and present danger to the safety and welfare of the citizens of Baltimore. These arrests reflect the ongoing commitment of the United States Attorney’s Office to address violent crime in the City of Baltimore and the District of Maryland.
Initial court appearances for the defendants begin today. All nine defendants continue to be detained.
Acting United States Attorney Stephen M. Schenning commended the ATF, Baltimore Police Department and Baltimore City State’s Attorney=s Office for their work in the investigation. Mr. Schenning thanked Assistant United States Attorneys Patricia McLane, Robert Perkins and Samika Boyd who are prosecuting these cases.
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Niagara Falls Man Pleads Guilty to Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-305BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that James Smith, 25, of Niagara Falls, NY, pleaded guilty to being a felon-in-possession of a firearm before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that on February 25, 2016, New York State Parole Officers and others conducted a search at Smith’s residence on Orleans Avenue in Niagara Falls. The defendant was under the supervision of New York State Parole following a July 2010 federal conviction and an August 2014 Niagara County Conviction.
As officers entered, Smith attempted to go into the basement. The defendant was stopped and the basement was searched. Officers recovered a Colt, .32 caliber, semi-automatic handgun with a magazine loaded with two rounds of ammunition. As a result of his previous convictions, Smith is prohibited from legally possessing a firearm.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto; and New York State Parole.
Sentencing is scheduled for December 13, 2017, at 1:00 p.m. before Judge Arcara.
New York Man Charged with Attempting to Provide Material Support to ISISRead the Press Release
Yesterday, Parveg Ahmed, 22, a U.S. citizen of Queens, New York, was arrested on charges of attempting to provide material support to the Islamic State of Iraq and al-Sham (ISIS), a foreign terrorist organization. The defendant is scheduled to make his initial appearance this afternoon at 2 p.m. at the federal courthouse in Brooklyn, New York before U.S. Magistrate Judge James Orenstein.
The charges were announced by Acting Assistant Attorney General for National Security Dana J. Boente, Acting U.S. Attorney Bridget M. Rohde for the Eastern District of New York, Assistant Director-in-Charge William F. Sweeney, Jr. of the FBI’s New York Field Office and Commissioner James P. O'Neill of the NYPD.
As alleged in the complaint, the defendant traveled to Saudi Arabia in June 2017, purportedly to celebrate an Islamic religious holiday. Upon his arrival in Saudi Arabia, the defendant attempted to travel to Syria to enter ISIS-controlled territory.
The defendant was deported back to the U.S. on August 28, where he was arrested at John F. Kennedy International Airport in Queens, New York.
If convicted, the defendant faces a maximum sentence of 20 years in prison. The charge in the federal complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors.
The government’s case is being handled by the Office’s National Security & Cybercrime Section and the Justice Department’s National Security Division. Assistant U.S. Attorneys Alexander A. Solomon and Craig R. Heeren are in charge of the prosecution, with assistance provided by Trial Attorney Joshua D. Champagne of the Counterterrorism Section of the National Security Division.
Nebraska Woman Sentenced in Health Care Fraud CaseRead the Press Release
Acting United States Attorney Robert C. Stuart and Nebraska Attorney General Doug Peterson announced that Chandra Wrightsell, 47, of Omaha Nebraska, was sentenced today by Senior United States District Judge Richard G. Kopf for the crime of health care fraud. Wrightsell was sentenced to 18 months in prison, followed by 3 years of supervised release. She was also ordered to pay restitution to the Nebraska Department of Health & Human Services, Medicaid Division totaling $105,550. Wrightsell previously pled guilty on June 1, 2017.
Wrightsell owned and operated a company in Omaha, Evol Consulting, which contracted with therapists to provide mental health and substance abuse services. Between December 1, 2011 and July 25, 2014, she submitted 1,150 claims to Nebraska Medicaid for services which had not been provided, and was paid a total of $105,550 on those claims.
Wrightsell has previously been convicted of another federal felony charge. On February 8, 2007, she was sentenced to 15 months in prison following her conviction in Omaha for misapplication of bank funds, totaling $102,000, while employed as vice president of the First National Bank.
This case was investigated by the Medicaid Fraud and Patient Abuse Unit of the Nebraska Attorney General’s Office and the Medicaid Program Integrity Unit of the Nebraska Department of Health and Human Services. The case was prosecuted by the Nebraska Attorney General’s office and the United States Attorney’s office.
Navajo Man from Bloomfield Sentenced to Prison for Involuntary Manslaughter ConvictionRead the Press Release
ALBUQUERQUE – Thomas J. Yazzie, Jr., 52, an enrolled member of the Navajo Nation from Bloomfield, N.M., was sentenced today in federal court in Albuquerque, N.M., to 30 months in prison followed by two years of supervised release for his conviction on an involuntary manslaughter charge.
Yazzie was arrested on Feb. 7, 2017, on an indictment charging him with involuntary manslaughter. According to the indictment, Yazzie killed a man while driving under the influence of alcohol on the Navajo Indian Reservation in San Juan County, N.M., on May 10, 2016.
On March 30, 2017, Yazzie pled guilty to the indictment and admitted killing the victim, a passenger in his vehicle, by driving recklessly while under the influence of alcohol. Yazzie acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle.
This case was investigated by the Gallup office of the FBI, the Crownpoint office of the Navajo Nation Division of Public Safety and the New Mexico State Police and was prosecuted by Assistant U.S. Attorney Michael D. Murphy.
Misdemeanor Immigration Prosecutions – August 2017Read the Press Release
ALBANY, NEW YORK – The following is a summary of misdemeanor immigration prosecutions from August 2017:
Citizen of Mexico Sentenced For Illegal Entry into United States
Elias Alberto Becerra-Rodriguez, age 27, of Mexico, was sentenced on August 10 to 25 days in jail for illegally entering the United States. Becerra-Rodriguez admitted that he walked across the border approximately one-half mile east of the Mooers Port of Entry on July 30, and that he continued south on foot until he was stopped and arrested by Border Patrol Agents.
Citizen of Colombia Sentenced For Illegal Entry into United States
Oscar Marin-Palacio, age 32 of Colombia, was sentenced on August 10 to 18 days in jail for illegally entering the United States. Marin-Palacio admitted that he walked across the border approximately one mile west of the Champlain Port of Entry on August 1, and that he continued south on foot until he was stopped and arrested by Border Patrol Agents.
Citizen of Guatemala Sentenced For Illegal Entry into United States
Yener Morales-Escalante, a citizen of Guatemala, was sentenced on August 17 to 12 days in jail following his guilty plea to illegally entering the United States. Morales-Escalante admitted that on August 12, he entered the United States at Champlain, New York, by walking through the woods from Canada, before being stopped and arrested by Border Patrol Agents.
Indictment Unsealed Charging Sacramento CEO for Retirement Fund Embezzlement and False StatementsRead the Press Release
SACRAMENTO, Calif. — An indictment has been unsealed today that charges David L. Bonuccelli, 63, of Sacramento, with embezzlement from his employees’ retirement funds and false statements regarding those retirement funds, U.S. Attorney Phillip A. Talbert announced.
A federal grand jury returned the five-count indictment last Thursday. According to court documents, Bonuccelli is the founder and CEO of a real estate and investment advisory corporation that provides retirement benefit plans for its employees. On December 4, 2012, Bonuccelli embezzled approximately $517,000 from one of his firm’s employee retirement funds, protected under the Employee Retirement Income Security Act of 1974 (ERISA). Bonuccelli also made false statements on forms required under ERISA regarding the 2011 and 2012 end-of-year balances, indicating that certain transfers had not occurred when in fact they had.
This case is the product of an investigation by the Department of Labor – Employee Benefits Security Administration. Assistant U.S. Attorney Matthew M. Yelovich is prosecuting the case.
If convicted, Bonuccelli faces a maximum statutory penalty of five years in prison and a $250,000 fine as to each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Indiana Man Pleads Guilty to Possession of Child PornographyRead the Press Release
BOISE – Mark Eugene Timperley, 20, of Indianapolis, Indiana, pleaded guilty yesterday in the United States District Court to possession of child pornography, Acting U.S. Attorney Rafael Gonzalez announced.
According to the plea agreement, in February of 2017, a school resource officer with the Nampa Police Department was informed that a 14-year-old Nampa student was in an internet relationship with Timperley, and that Timperley planned to come to Idaho to live with the student. Nampa officers looked at the victim’s cell phone and saw text messages between Timperley and the victim where Timperley asked for and received images of the victim engaged in sexually explicit conduct.
Three days later, Nampa detectives met with Timperley in Boise after he got off a Greyhound bus. Timperley told the detectives that he was in an online relationship with the victim, that he knew the victim was 14 years old, and that he asked for and received sexually explicit images from the victim. The detectives took Timperley’s cell phone, examined its contents, and found approximately 46 explicit images of the victim.
Sentencing is set for November 20, 2017, before Chief U.S. District Judge B. Lynn Winmill. Possession of child pornography is punishable by up to 10 years imprisonment, a $250,000 fine, a term of supervised release of not less than five years and up to life, and a $5,100 special assessment. As part of his plea, Timperley also agreed to forfeit his cell phone used in the commission of the offense.
The case was investigated by the Nampa Police Department, Homeland Security Investigations, and the Canyon County Prosecutor’s Office. The 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.”
Hayward Man Charged with Harboring Illegal Aliens in CaliforniaRead the Press Release
On December 18, 2020, United States Attorney David L. Anderson issued the following statement:
On Friday, December 18, 2020, we moved to vacate the judgment and dismiss the superseding indictment against Job Torres Hernandez. In this case, a jury concluded Mr. Torres Hernandez was guilty of multiple crimes, and the district court entered a criminal judgment against Mr. Torres Hernandez based upon that verdict. During the pendency of Mr. Torres Hernandez’s appeal to the Ninth Circuit Court of Appeals, we learned of circumstances leading us to the firm conclusion that at this point only a dismissal would meet the interests of justice. It is a serious step for the United States to dismiss criminal charges. Likewise, it is the solemn duty of the United States to seek justice in all its cases, and to evaluate the appropriateness of its charges throughout the course of the proceedings.
SAN FRANCISCO - A federal grand jury in San Francisco indicted Job Torres Hernandez on August 23, 2017, for harboring illegal aliens for commercial advantage or private financial gain, announced United States Attorney Brian J. Stretch and Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Ryan L. Spradlin.
According to the indictment unsealed today, since at least July 18, 2015, Torres, 37, of Hayward, Calif., harbored at least five people who he knew had come to, entered, and remained in the United States in violation of the law. According to the indictment, Torres concealed, harbored, and shielded from detection people who were not in the United States legally and that he knew, or had reckless disregard for the fact that, they were not in the United States legally. The indictment further alleges that Torres harbored these individuals, who were his employees, for the purpose of obtaining a commercial advantage and for private financial gain. The indictment charges Torres with one count of harboring illegal aliens for commercial advantage or private financial gain, in violation of 8 U.S.C. §§ 1324(a)(1)(A)(iii) and (B)(i).
Torres was arrested this morning in Hayward and made his initial appearance before U.S. Magistrate Judge Donna M. Ryu. At the hearing this morning the government alleged that Torres paid below minimum wage to his workers. In addition, the government alleged that the warehouse where many of the workers lived was locked from the outside at night. The government represented in court that seven people were recovered from that warehouse during the execution of a search warrant.
The defendant currently is in federal custody and is scheduled to appear again before Magistrate Judge Ryu tomorrow, August 30, 2017, for identification of counsel.
The maximum statutory penalty for a violation of 8 U.S.C. §§ 1324(a)(1)(A)(iii) and (B)(i) is 10 years in prison and a fine of $250,000. In addition, the court may order an additional term of supervised release, forfeiture, and restitution. However, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Assistant U.S. Attorney Shailika Kotiya is prosecuting the case. The prosecution is the result of an investigation by the HSI.
Hartford Man Sentenced to 5 Years in Federal Prison for Role in Heroin Trafficking RingRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that BYRON RIVERA, 27, of Hartford, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 60 months of imprisonment, followed by four years of supervised release, for his role in a heroin distribution ring.
According to court documents and statements made in court, in 2016, the East Hartford Police Department received information that individuals were packaging and selling heroin from an apartment at 50 Forest Street in Hartford, and that there were guns in the apartment. A law enforcement investigation in August and September 2016 confirmed drug activity at the location.
On September 13, 2016, members of the Hartford Police Department, East Hartford Police Department and the FBI’s Northern Connecticut Violent Crimes Task Force executed a search warrant at the apartment and encountered RIVERA and others inside. A search of the apartment revealed more than 39,000 bags of heroin, approximately 283 grams of unpackaged heroin, three fentanyl patches, scales and other items used in the processing and packaging of heroin, two handguns and numerous rounds of ammunition.
RIVERA was arrested on September 13, 2016. On May 16, 2017, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of heroin.
The FBI Task Force includes members of the U.S. Marshals Service, Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction. This case is being prosecuted by Assistant U.S. Attorney Brian P. Leaming.
Harrison County man indicted on illegal firearms chargesRead the Press Release
ELKINS, WEST VIRGINIA – A Salem, West Virginia man was indicted by a federal grand jury of unlawful possession of a firearm charges, Acting United States Attorney Betsy Steinfeld Jividen announced.
Justin Paul Crofford, age 35, was indicted on one count of “Unlawful Possession of a Firearm” and one count of “Possession of an Unlawful Firearm.” Crofford, having previously been convicted of a felony in Smith County, Texas Circuit Court, is accused of possessing a 12-gauge shotgun. The crime is alleged to have occurred in January 2017 in Harrison County, West Virginia.
Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Anmoore Police Department are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Harrison County man indicted on illegal firearms chargeRead the Press Release
ELKINS, WEST VIRGINIA – A Shinnston, West Virginia man was indicted by a federal grand jury of unlawful possession of a firearm, Acting United States Attorney Betsy Steinfeld Jividen announced.
Steven Scott Nestor, age 34, was indicted on one count of “Unlawful Possession of a Firearm.” Nestor, having previously been convicted of a felony in Harrison County Circuit Court, is accused of possessing a 9mm caliber pistol. The crime is alleged to have occurred in May 2017 in Harrison County, West Virginia.
Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives is investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Greenville Man Pleads Guilty in $700,000 Fraud SchemeRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Calvert J. Drummond, Jr., age 34, of Greenville, pled guilty today in federal court in Greenville, to conspiracy to commit wire fraud, a violation of Title 18, United States Code, Section 1349. United States District Judge Timothy M. Cain, of Anderson, accepted the plea and will impose 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 Drummond represented to clients that he could obtain alternative financing for various projects that required large amounts of capital. In exchange for a fee of several hundred thousand dollars, Drummond promised to secure bank guarantees worth millions.Drummond would create fraudulent financial documentation regarding the alternative financing and show them to the clients. When pushed by clients on the delay of the financing or for a return of the fee paid, Drummond would blame the delays and other issues on various banks.
Drummond had no mechanism to obtain the alternative financing promised; this was a fictitious story created to persuade clients to pay fees that Drummond used to pay personal expenses. Agents estimate that Drummond stole over $700,000 during the scheme.
Ms. Drake stated the maximum penalty Drummond can receive is a fine of $250,000 and/or imprisonment for no more than 20 years, plus a special assessment of $100.
The case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
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Gilbert Man Sentenced to 30 Months in Prison for Embezzling over $710,000 from his Former EmployerRead the Press Release
PHOENIX – Last week, John David Veatch, 47, of Gilbert, Ariz., was sentenced by U.S. Senior District Judge Roslyn O. Silver to 30 months in prison and ordered to pay restitution in the amount of $710,290. Veatch had previously pleaded guilty to one count of wire fraud.
Between January 2011 and June 2013, Veatch embezzled over $710,000 from his then-employer. Veatch embezzled the money through a scheme of ordering fictitious parts and then funneling the money to a third-party company he created and controlled.
The investigation in this case was conducted by the Federal Bureau of Investigation. The prosecution was handled by Andrew C. Stone, Assistant U.S. Attorney, District of Arizona, Phoenix.
CASE NUMBER: CR-16-01237-PHX-ROS
RELEASE NUMBER: 2017-080_Veatch
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
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