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28 August 2017
Violent Crime Spree in J.C. Napier Neighborhood Results in 35 Year Prison Sentence for Nashville ManRead the Press Release
Calvin Starks, 23, of Nashville, Tenn., was sentenced today to 35 years in prison for series of federal crimes including using a firearm to commit a crime of violence resulting in death; conspiracy to commit Hobbs Act robbery and extortion; and conspiracy to tamper with a witness, announced Acting U.S. Attorney Jack Smith of the Middle District of Tennessee.
Starks pleaded guilty in June of this year and his crime spree included the shooting of two people in 2014, in and around the J.C. Napier neighborhood.
Starks and his cousin, Darryl Starks shot Joshua Woods on October 16, 2014, while in the J.C. Napier neighborhood. During this assault, they fired a total of 16 rounds. Woods survived the assault and after identifying the Starks’ as the shooters, he was threatened and bribed by the Starks’ mother, Ivy Starks, in an attempt to prevent him from testifying truthfully at subsequent court proceedings.
On November 26, 2014, Starks and Terrance Kimbrough planned to rob Brendon Leggs of drugs and money at a market on Lewis St., near the J.C. Napier neighborhood. During the robbery attempt, Leggs was shot multiple times as he tried to flee and later died from his wounds.
On December 3, 2014, Monte Watson was shot and killed by Terrance Kimbrough, near Lewis and Robertson St., in close proximity to the J.C. Napier neighborhood. Prior to this shooting, Calvin Starks and Kimbrough had looked for Watson in order to keep him from cooperating with law enforcement because they believed he may have seen them kill Brendon Leggs.
Ivy Starks pleaded guilty in July 2017 and was sentenced to 30 months in prison. Darryl Starks has also pleaded guilty to charges related to this case and is awaiting sentencing. Terrance Kimbrough is awaiting trial. He is presumed innocent unless and until proven guilty in a court of law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Sunny A.M. Koshy is prosecuting the case.
Two defendants sentenced to federal prison for drug crimesRead the Press Release
HUNTINGTON, W.Va. – Two defendants were sentenced to prison today for federal drug crimes, announced United States Attorney Carol Casto. Malik Muhammad Abdull Williams, 24, of Michigan, was sentenced to four years and nine months in federal prison after previously pleading guilty to possession with intent to distribute heroin and crack. In a separate prosecution, Jessica Ann Barnett, 29, of South Point, Ohio, was sentenced to six months in federal prison after previously pleading guilty to conspiracy to distribute heroin.
On May 2, 2016, members of the Huntington FBI Drug Task Force were conducting surveillance at the Greyhound Bus Station in Ashland, Kentucky, after receiving information that Williams would be arriving on a bus in possession of drugs. Agents observed Williams exit a bus and enter a vehicle that traveled to Huntington. Agents conducted a traffic stop of the vehicle at 1st Street and 4th Avenue in Huntington and discovered Williams in possession of approximately 31 grams of heroin and 41 grams of crack concealed in his pants. Williams admitted that he intended to sell the drugs in Huntington.
In a separate prosecution, between November 2014 and June 8, 2016, Barnett participated with multiple individuals in a conspiracy to distribute heroin in the Huntington area. At various times during the conspiracy, Barnett was provided with cash that constituted proceeds from heroin sales. Barnett would then wire the money to a third party in Michigan via money transfer companies such as Western Union and MoneyGram. Barnett transferred proceeds from heroin distributions on at least 27 occasions totaling approximately $26,410. On multiple occasions, Barnett also sold small amounts of heroin.
The Huntington FBI Drug Task Force conducted the investigations. Assistant United States Attorney Joseph F. Adams handled these prosecutions. Chief United States District Judge Robert C. Chambers imposed the sentences.
These cases were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Two Plead Guilty in Operation of Butane Hash Oil LabRead the Press Release
PROVIDENCE – Two men pleaded guilty today in federal court in Providence, admitting to their roles in the operation of a butane hash oil (BHO) manufacturing laboratory inside a former warehouse in Providence. Investigators believe that a March 9, 2015 fire, which destroyed the Kinsley Avenue warehouse, began in a room where the BHO lab was located.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Christopher White, 51, of Warwick, pleaded guilty to endangering human life while illegally manufacturing a controlled substance. Graeme Marshall, 52, of Cranston, pleaded guilty to money laundering.
Christopher White and Graeme Marshall’s guilty pleas are announced by Acting United States Attorney Stephen G. Dambruch; Mickey Leadingham, Special Agent in Charge of the Boston Field Division of Bureau of Alcohol, Tobacco, Firearms and Explosives; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division; Providence Public Safety Commissioner Steven M. Pare; and Colonel Ann C. Assumpico, Rhode Island Public Safety Commissioner and Superintendent of the Rhode Island State Police.
According to court documents and information presented to the court, White and Marshall operated Grosca, LLC, a company that leased the warehouse where White and Marshall operated a business that designed, produced and sold indoor equipment and supplies for indoor marijuana cultivation.
According to court documents, White and Marshall used a portion of the warehouse to operate a BHO lab, which, over a period of approximately two years, was used to manufacture over 1,000 grams of hash oil that was sold for between $15 and $30 per gram. Proceeds from the sale of hash oil were deposited into a Grosca, LLC, bank account, comingled with proceeds from the sale of equipment and other Grosca, LLC ventures. The transactions were designed to conceal the nature, source, ownership and control of the proceeds of the hash oil sales.
White and Marshall are scheduled to be sentenced on November 13, 2017.
The case is being prosecuted by Assistant U.S. Attorney Sandra R. Hebert.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement Administration; Providence Police Department; Providence Fire Marshal’s Office; Rhode Island State Police; and the Rhode Island State Fire Marshal’s Office.
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Two Men Ordered Detained; 12 Kilograms of Cocaine SeizedRead the Press Release
PROVIDENCE – An investigation by U.S. Postal Inspection Service (USPIS) Inspectors and members of the Rhode Island State Police High Intensity Drug Trafficking Area (HIDTA) Task Force has resulted in the seizure of more than 12 kilograms of cocaine allegedly shipped to Rhode Island from Puerto Rico, and the arrest and federal detention of two Florida men.
The two men, Rinaxo M. Rufino, 33, of Miramar, FL., and Gabriel Concepcion, 27, of Kissimmee, FL., arrested on August 26, 2017, were ordered detained in federal custody following initial appearances on Monday in U.S. District Court in Providence.
Acting United States Attorney Stephen G. Dambruch; Shelly A. Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police announce the arrest and detention of Rufino and Concepcion on criminal complaints charging each with conspiracy to possess with the intent to distribute five kilograms or more of cocaine and possession with the intent to distribute five kilograms or more of cocaine. Additionally, Concepcion is charged with possession of a firearm in furtherance of a drug trafficking crime.
Since August 7, 2017, USPIS Inspectors have intercepted three shipments of cocaine in various sized packages allegedly shipped from Puerto Rico to addresses in Providence, Woonsocket and Central Falls. Each of the packages were addressed to individuals not associated with the address to which the packages were shipped. In each instance, a police K-9 detected the odor of narcotics in each package prior to delivery. The packages were seized by law enforcement.
Rinaxo M. Rufino was arrested on August 26, moments after he allegedly took possession of a package he believed to contain approximately 3 kilograms of cocaine at a Central Falls residence. Gabriel Concepcion was arrested moments later after he was stopped by a Rhode Island State Police Trooper as he allegedly drove away from the area of the residence. A loaded firearm was allegedly located in Conception’s vehicle.
It is alleged in court documents that Rufino and Concepcion, who had been under law enforcement surveillance for some time, were seen surveilling the area of the Central Falls residence prior to and after the package was left on the doorstep of the residence by a U.S. Postal carrier. Prior to the delivery of the package, USPIS Inspectors had removed the cocaine.
Earlier in the investigation, USPIS Postal Inspectors in Providence took custody of packages allegedly containing cocaine, which were earmarked for delivery to residences in Providence and Woonsocket. In each instance, a police K-9 allegedly detected the odor of narcotics in each package.
On August 4, 2017, USPIS Inspectors took possession of a package addressed to a residence in Providence. The package allegedly contained 8.16 kilograms of cocaine. On August 10, USPIS Inspectors took possession of a package addressed to a residence in Woonsocket. The package allegedly contained 1.2 kilograms of cocaine.
According to court documents, the investigation began in April 2017, when a package mailed from Providence to Puerto Rico was intercepted by USPIS Inspectors after a police K-9 allegedly reacted positively for the presence of the odor of narcotics. Acting on a federal court authorized search warrant, postal inspectors opened the package and discovered $58,010 in cash.
A criminal complaint is merely an allegation 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.
The case is being prosecuted by Assistant U.S. Attorney William J. Ferland.
Acting United States Attorney Stephen G. Dambruch acknowledges and thanks the Cranston Police Department and Rhode Island State Police K-9 Units for their assistance in this investigation.
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Two Men Charged in Conspiracy to Distribute over 140 Kilograms of Heroin and CocaineRead the Press Release
NEWARK, N.J. – Two California men who were arrested in Essex County, New Jersey, with over 140 kilograms of narcotics in their possession made their initial appearances today in Newark federal court, Acting U.S. Attorney William E. Fitzpatrick announced.
Abraham Castro, 33, of San Diego, California, and Hector Leonel Lucas-Ramos, 42, of National City, California, are charged by complaint with one count of conspiracy to possess with intent to distribute approximately 141 kilograms of suspected cocaine and heroin. They appeared this afternoon before U.S. Magistrate Judge Joseph A. Dickson and were detained.
According to the complaint:
On Aug. 27, 2017, Castro and Lucas-Ramos were arrested in Essex County while they were driving a tractor trailer. After the tractor trailer was seen committing several traffic violations, law enforcement conducted a motor vehicle stop. As law enforcement approached the driver, Castro, they observed Lucas-Ramos run to the cabin-area of the tractor trailer, where he was allegedly trying to close a large bag containing packages of a white powdery substance.
During a subsequent search of the tractor trailer, law enforcement recovered approximately five large duffle bags containing a total of 141 packages. Lab testing later confirmed the presence of heroin and cocaine in the packages.
Each defendant faces a mandatory minimum penalty of 10 years in prison, a maximum potential penalty of life in prison, and a $10 million fine.
Acting U.S. Attorney Fitzpatrick credited the Drug Enforcement Administration (DEA)’s New Jersey Division, under the direction of Special Agent in Charge Carl J. Kotowski, with the investigation.
The charge and allegations contained in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
The government is represented by Assistant U.S. Attorney Meredith Williams of the U.S. Attorney’s Office General OCDETF/Narcotics Unit in Newark.
Defense counsel:
Castro: John Yauch Esq., Assistant Federal Public Defender, Newark
Lucas-Ramos: Alyssa Cimino Esq., Fairfield, New Jersey
Sullivan County Designated as Newest Member of Appalachia High Intensity Drug Trafficking AreaRead the Press Release
BLOUNTVILLE, Tenn. – Sullivan County was recognized today as the newest county in east Tennessee to become a member of the Appalachia High Intensity Drug Trafficking Area (HIDTA). U.S. Attorney Nancy Stallard Harr, along with Second Judicial District Attorney Barry Staubus and Appalachia HIDTA Tennessee State Coordinator Joel Reece, made this announcement at a press conference in Blountville.
The HIDTA Program began in 1988 when Congress authorized the Director of the Office of National Drug Control Policy (ONDCP) to designate areas within the United States which exhibited serious drug trafficking problems and harmfully impacted other areas of the country as HIDTAs. The HIDTA Program provides additional federal resources to those areas to help eliminate or reduce drug trafficking and its harmful consequences. Appalachia HIDTA, which consists of counties in Kentucky, Tennessee, Virginia and West Virginia, was created in 1998.
In the Eastern District of Tennessee, HIDTA funds DEA and FBI led drug task forces in Johnson City, Knoxville, and Chattanooga, as well other initiatives to reduce drug crime in the HIDTA. Most recently, to battle the overdose epidemic, the Knoxville Police Department teamed up with the Knox County District Attorney’s Office, Knox County Medical Examiner's Office, Sheriff's Office and Tennessee Bureau of Investigation to form the Overdose Death Investigation Task Force, which is funded by Appalachia HIDTA.
The Appalachia HIDTA mission is to use a multi-disciplinary approach to deal with the ongoing threats to public health and safety, particularly as it regards prescription drug diversion, the emerging threat of heroin, as well as the continued threats of marijuana, cocaine, methamphetamine and synthetic drugs. The Appalachia region is arguably the epicenter of this crisis, and requires unprecedented multi-disciplined cooperation to effectively address the many faceted health and public safety problems that result from this daunting threat. The Appalachia HIDTA will serve as the conduit for this cooperation.
In addition to Sullivan County, other previously designated Appalachia HIDTA counties in east Tennessee include Bledsoe, Blount, Bradley, Campbell, Claiborne, Cocke, Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton, Hawkins, Jefferson, Knox, Marion, Rhea, Roane, Scott, Sequatchie, Sevier, Unicoi and Washington. An additional eight Tennessee counties in the middle district, including Cumberland, Fentress, Jackson, Macon, Overton, Pickett, Putnam, and White, are also designated as members.
U.S. Attorney Nancy Stallard Harr said, “Sullivan County’s designation as an Appalachia HIDTA county will allow resources for the critical fight against opioids, including heroin and fentanyl, as well as other illegal substances that drug dealers are bringing into our communities every day. Appalachia HIDTA and the Rocky Top Task Force are national award winning programs that are making an impact against the spread of illegal drugs in eastern Tennessee. The District Attorney’s Office and Sullivan County law enforcement agencies have shown the initiative and ability to use these HIDTA resources to stop the ravaging effects of opioid addiction in our Appalachian area. We salute their past efforts and look forward to their success in the future.”
“Having Sullivan County designated as a member of HIDTA has been an important goal of this office since my becoming the District Attorney General in 2011. HIDTA can assist my office, and local law enforcement agencies, in investigating and prosecuting serious drug trafficking by providing much needed federal resources to combat our methamphetamine and opioid epidemic as well as the sale and distribution of cocaine and marijuana,” said Barry P. Staubus, District Attorney General, Second Judicial District
“We are very excited to receive this designation. This will go a long way, in our fight against illegal drugs in Sullivan County!” said Wayne Anderson, Sullivan County Sheriff.
Please visit http://ahidta.org for more information about the Appalachian HIDTA.
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Social Security Administration Employee Convicted of Bank Fraud and False StatementsRead the Press Release
A jury has convicted a Social Security Administration (SSA) employee of bank fraud and making false statements, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Assistant Director in Charge Andrew Vale of the FBI’s Washington Field Office, Regional Special Agent in Charge Floyd Sherman of the U.S. Department of Transportation (DOT) Office of Inspector General (OIG), and Special Agent in Charge Margaret Moore-Jackson of the SSA’s OIG Atlanta Field Division.
Darryl Williams, 52, of Tallahassee, Fla., was convicted on August 25, of one count of bank fraud and nine counts of making false statements to a federally insured financial institution for the purpose of obtaining loans and credit. Sentencing has been set for November 17, before Judge Mark E. Walker of the U.S. District Court for the Northern District of Florida.
The evidence at trial revealed that from approximately November 2010 to October 2016, Williams submitted a series of applications for loans and credit to Envision Credit Union (“Envision”), a financial institution with branches in Tallahassee, in which he repeatedly lied about his employment with the federal government, his pay grade, his salary and his job title. For example, evidence at trial demonstrated that Williams falsely claimed he was making over $115,000 annually, when, in fact, the highest federal government salary that he ever received was less than $60,000 and he was not employed by the federal government when he submitted several of the applications. In addition to these false statements, Williams submitted false bank statements and earnings and leave statements to Envision in support of some of his applications. The trial evidence demonstrated that Williams applied for more than $140,000 worth of loans between late 2010 and late 2016, and Envision relied upon Williams’ false representations and fake documents in granting these applications.
The case was investigated by the FBI’s Washington Field Office, the DOT-OIG, the SSA’s OIG Atlanta Field Division and Trial Attorney Peter Halpern of the Criminal Division’s Public Integrity Section. The case is being prosecuted by Trial Attorneys Heidi Boutros Gesch and Todd Gee of the Criminal Division’s Public Integrity Section.
Shrewsbury Man Pleads Guilty to Operating Counterfeit Steroid SchemeRead the Press Release
BOSTON – A Shrewsbury man pleaded guilty today in federal court in Boston for his role in a conspiracy to traffic counterfeit steroids, including testosterone and trenbolone, to bodybuilders.
Tyler Bauman, a/k/a “musclehead320,” 32, pleaded guilty to conspiracy to distribute counterfeit testosterone, trenbolone, and other steroid compounds; conspiracy to traffic in counterfeit drugs; conspiracy to launder money; possession with intent to distribute controlled substances (steroids); and trafficking in counterfeit drugs. U.S. District Court Senior Judge Douglas P. Woodlock scheduled sentencing for Nov. 29, 2017.
In April 2017, Bauman and five others were arrested and charged with various offenses related to the steroid operation. According to court documents, from approximately May 2015 until April 12, 2017, the defendants manufactured steroid products - made from raw materials purchased overseas - and marketed them as “Onyx” steroids using “Onyx” labels that were also ordered from overseas suppliers. Onyx, now a wholly owned subsidiary of Amgen Inc., was a global biopharmaceutical company that did not manufacture steroids.
Bauman had a robust social media following on Instagram and other social media platforms under the moniker “musclehead320” and derivations of that name. Baumann used the “musclehead 320” persona to promote Onyx by claiming to be an “Onyx Sponsored Athlete.” As “musclehead 320,” he publicly denied any suggestion that he was directly involved with making or selling Onyx; however, at the same time, he was in fact marketing Onyx injectable steroids through other social media accounts, including Instagram accounts in the name of “onyx_roid” and “onyxpharma.” Through these accounts, Bauman provided customers with email addresses to place orders, received steroid orders, and then communicated with customers via these email addresses.
Baumann directed other members of the conspiracy to ship steroids to customers using the U.S. Postal Service. Customers paid for the steroids via money remitters, such as Western Union and MoneyGram. Baumann then directed other members of the conspiracy to pick up payments at multiple remitter locations using false identifications to attempt to avoid suspicion while picking up the significant proceeds.
Bauman purchased both the oral steroids (tablets) and the raw materials to manufacture the injectable steroids from overseas suppliers. He also ordered the counterfeit Onyx labeling and packaging from overseas suppliers. The injectable steroids advertised and sold by the members of this conspiracy bore trademarks of Onyx Pharmaceuticals.
Further, Bauman also laundered proceeds from the steroid sales through Wicked Tan LLC, a tanning salon located in Beverly, which he and a co-conspirator owned and operated specifically to launder the proceeds of the steroid operation.
The charges of conspiracy to traffic in counterfeit drugs and conspiracy to distribute controlled substances provide for a sentence of no greater than five years in prison, three years of supervised release, and a fine of up to $250,000 or twice the gross gain or loss of the conspiracy. The charge of possession of a controlled substance provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of up to $250,000 or twice the gross gain or loss of the conspiracy. The charge of trafficking in counterfeit drugs provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $5 million. The charge of money laundering conspiracy provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of $500,000 or twice the gross gain or loss of the conspiracy. 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; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office, made the announcement today. Assistant U.S. Attorneys Amy Harman Burkart and David J. D’Addio of Weinreb’s Cybercrime Unit are prosecuting the case.
Randolph County man sentenced for his role in a meth distribution operationRead the Press Release
ELKINS, WEST VIRGINIA – Jerry “Jake” Wilson Hartley of Elkins, West Virginia, was sentenced today to 240 months incarceration for methamphetamine distribution, Acting United States Attorney Betsy Steinfeld Jividen announced.
Hartley, age 36, pled guilty to one count of “Conspiracy to Distribute Methamphetamine,” in April 2017. Hartley 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.
Assistant U.S. Attorney Stephen D. Warner prosecuted the cases on behalf of the government. The Mountain Region Drug and Violent Crime Task Force investigated.
U.S. District Judge John Preston Bailey presided.Prince George’s Man Sentenced to 11 Years in Federal Prison for Assault with A Dangerous WeaponRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE www.justice.gov/usao/md at (410) 209-4811
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Joseph Axzavis Stewart, Sr. age 58, of Upper Marlboro, Maryland, to 11 years in prison followed by 3 years of supervised release for assault with a dangerous weapon, and possession of a dangerous weapon with intent to injure.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Chief Robert D. MacLean of the U.S. Park Police.
According to Stewart’s plea agreement, on July 31, 2016, at approximately 9:00 p.m., Stewart stabbed an individual who was seated in the passenger seat of a friend’s truck at a construction site near the Baltimore-Washington Parkway, where the friend worked. Stewart, who worked for the same construction company, previously had a brief romantic relationship with the individual’s friend. After other employees from the construction company intervened, Stewart fled the scene in a gray truck. The victim was transported to the hospital, suffering from stab wounds to the arm and back. As a result of the stabbing, the victim underwent several surgeries, and lost partial feeling in both arms. Law enforcement executed a search warrant and recovered the knife Stewart used to stab the victim from Stewart’s gray truck.
Acting United States Attorney Stephen M. Schenning commended the U.S. Park Police for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Hollis R. Weisman and Thomas M. Sullivan, who prosecuted the case.
Portland Woman Sentenced to 135 Months in Prison for Distributing Fentanyl Inside Multnomah County JailRead the Press Release
PORTLAND, Ore. – On Monday, August 28, 2017, United States District Court Judge Marco A. Hernandez sentenced Channing Lacey, 30, of Portland, to 135 months in prison for distributing fentanyl inside the Multnomah County Jail. The fentanyl use resulted in the death of one inmate and the non-fatal overdoses of three others. Upon her release from prison, Lacey will be on supervised release for three years.
On March 5, 2015, a Homeland Security Investigations (HSI) Special Agent and Portland Police Officers assigned to the High Intensity Drug Trafficking Area (HIDTA) Interdiction Taskforce (HIT) arrested Lacey on allegations that she had been tampering with evidence related to a pending federal case involving her boyfriend who had previously been arrested for distributing fentanyl on the dark web. When Lacey was arrested, she was found in possession of 33 packages of fentanyl, a Schedule II controlled substance, with a net weight of approximately 35 grams. A “typical illegal user” amount of fentanyl is one milligram or less. A single gram of fentanyl can sell for up to $1,000 on the street.
Following her arrest, Lacey was taken to and held in the Multnomah County Jail. Unbeknownst to the jail staff, Lacey had concealed an amount of fentanyl within her body. Deputies later learned that after being brought to the jail, and prior to her initial court appearance on March 6, 2015, Lacey retrieved the fentanyl and distributed it to another inmate. The other inmate in turn distributed the fentanyl to additional inmates. Three inmates overdosed on the fentanyl between March 7 and 9, 2015. All three victims required immediate life-saving medical attention and the administration of Narcan to reverse the overdose and prevent their death. On March 21, 2015, another inmate overdosed on the fentanyl and died as a result.
On March 10, 2015, Lacey was indicted by a federal grand jury for the distribution of a controlled substance resulting in serious bodily injury (Count 1) and possession with the intent to distribute a controlled substance (Count 2), in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C).
On April 15, 2015, a Superseding Indictment was returned by a federal grand jury charging the defendant with distribution of a controlled substance resulting in serious bodily injury to three individuals (Count 1), distribution of a controlled substance resulting in death of another individual (Count 5) and possession with the intent to distribute a controlled substance (Count 6), all in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C).
On March 28, 2017, the defendant pleaded guilty to Count 1 and Count 5 of the Superseding Indictment.
“The illegal distribution of fentanyl and other opioids are carving a deadly path through our country,” said Billy J. Williams, United States Attorney for the District of Oregon. “We continue to work with partners at all levels of government to combat this national crisis and hold these drug dealers accountable. Those who deal in opioids deal in death,” continued U.S. Attorney Williams, “and will face severe consequences for their actions.”
On average, more than 90 Americans die every day from opioid related overdoses.
This case was the result of an Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation involving HSI, the Grand Forks Narcotics Task Force and Police Department, Portland Police Bureau Drugs and Vice Division, Portland HIDTA Interdiction Task Force, the Multnomah County Sheriff's Office, and the United States Attorney’s Offices in Oregon and North Dakota. The case was prosecuted by Scott Kerin, Assistant United States Attorney for the District of Oregon.
Pakistani Man Sentenced to 21 Months in Prison in Axact Diploma Mill ScamRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that UMAIR HAMID was sentenced today to 21 months in prison for his role in an international diploma mill scheme operated through the Pakistani company Axact. HAMID pled guilty on April 6, 2017, to conspiracy to commit wire fraud. HAMID entered the guilty plea before U.S. District Judge Ronnie Abrams, who imposed today’s sentence.
Acting U.S. Attorney Joon H. Kim said: “Umair Hamid and Axact operated a massive diploma mill that preyed on consumers who thought their tuition would pay for a college education. Instead, Hamid provided victims with worthless fake diplomas. Defendants like Hamid who profit from fake schools face very real penalties, including prison time.”
According to documents filed in this case and statements made in related court proceedings:
HAMID helped run a massive diploma mill through his employer, Axact, which has held itself out as one of the world’s leading information technology providers. HAMID and his co-conspirators deceived individuals across the world, including throughout the United States, into enrolling in supposed high schools, colleges, and universities. Consumers paid upfront fees, believing that in return they would be enrolled in real educational courses and, eventually, receive legitimate degrees. Instead, consumers received no instruction and worthless diplomas.
HAMID, who served most recently as Axact’s Assistant Vice President of International Relations, helped Axact conduct the fraud in the United States, among other locations. On Axact’s behalf, he served as the primary contact during negotiations with a former competitor for Axact’s acquisition of websites for fake educational institutions. Under Axact’s control, those websites then continued to deceive consumers into paying upfront enrollment fees for non-existent educational programs.
In May 2015, Pakistani authorities shut down Axact and arrested multiple individuals associated with the company for participating in the diploma mill operation. But HAMID, who was not arrested at that time, continued to work in furtherance of the fraudulent business, even personally traveling to the United States in 2016 to open a bank account used to collect money from defrauded consumers.
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In addition to the prison term, HAMID, 31, of Karachi, Pakistan, was ordered to forfeit $5,303,020.
Mr. Kim praised and thanked the Federal Bureau of Investigation and U.S. Postal Inspection Service for their outstanding investigative work.
If you believe you were a victim of this crime, including a victim entitled to restitution, and you wish to provide information to law enforcement and/or receive notice of future developments in the case or additional information, please contact the Victim/Witness Unit at the United States Attorney’s Office for the Southern District of New York, at (866) 874-8900. For additional information, go to http://www.usdoj.gov/usao/nys/victimwitness.html.
The case is being prosecuted by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Edward A. Imperatore, Noah D. Solowiejczyk, Katherine Reilly, Patrick Egan, and David Abramowicz are in charge of the prosecution.
Operation "Golden Pony": Five Individuals Indicted for Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that KELLY RAY POTTER JR., age 41, of McAlester, Oklahoma; RACHEL MARIE WHITE, age 38, of El Reno, Oklahoma; HEIDI SANCHEZ, age 31, of Oklahoma City, Oklahoma; ANTONIA SANCHEZ age 52, of Oklahoma City, Oklahoma; and LASHEA DANNETTE HARRIS age 32, of Oklahoma City, Oklahoma, were each indicted for DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), 841(b)(1)(B) and 841(b)(1)(C), punishable by not less than 5 years, and not more than 40 years imprisonment (methamphetamine), and up to 20 years imprisonment (heroin), and up to a $5,000,000.00 fine or both.
The Indictment alleged that beginning in or about July 2016 and continuing until on or about November 29, 2016, within the Eastern District of Oklahoma and elsewhere, the defendants, KELLY RAY POTTER JR., RACHEL MARIE WHITE, HEIDI SANCHEZ, ANTONIA SANCHEZ, and LASHEA DANNETTE HARRIS, did knowingly and intentionally combine, conspire, confederate and agree together, and with others known and unknown to the Grand Jury, to commit offenses against the United States in violation of Title 21, United States Code, Section 846, as follows: to possess with intent to distribute and to distribute 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, and to possess with intent to distribute and to distribute a mixture or substance containing a detectable amount of heroin, a Schedule I controlled substance.
The charges arose from a joint investigation entitled “Golden Pony” coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney. The agencies involved in the investigation were, the Oklahoma Bureau of Narcotics, the Oklahoma Highway Patrol, the Bureau of Indian Affairs, and the Drug Enforcement Administration.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the arraignment of POTTER on August 22, 2017 and HEIDI SANCHEZ & ANTONIA SANCHEZ on August 21, 2017.
Assistant United States Attorney Timothy Hammer represented the United States.
Omaha Man Indicted for Multiple RobberiesRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Edward Sherrod, age 36, of Omaha, Nebraska, was detained at his initial appearance today by Magistrate Judge Michael D. Nelson. Sherrod was recently indicted by a federal grand jury on three counts of interference with commerce by robbery. The penalty on each count is a maximum of 20 years’ imprisonment, a $250,000 fine, and three years of supervised release.
Sherrod is charged with robbing the Baker’s at 5555 North 90th Street on July 5, 2017; the same Baker’s on July 20, 2017; and the Mega Saver at 1357 NW Radial Highway on July 24, 2017.
The Omaha Police Department Robbery Unit initiated the investigation of Sherrod and then worked in conjunction with the Greater Omaha Bank Robbery Task Force to secure the indictment. The task force was formed earlier this year and is made up of officers representing the Federal Bureau of Investigation, Omaha Police Department, Sarpy County Sheriff’s Department, La Vista Police Department, Papillion Police Department, Bellevue Police Department, Ralston Police Department, Council Bluff’s Police Department and Nebraska State Patrol.
In announcing Sherrod’s charges, Acting U.S. Attorney Robert Stuart remarked that “the indictment and arrest of Mr. Sherrod by the Greater Omaha Robbery Task Force demonstrates the successful coordination of member agencies to arrest the violent offenders in our community.” FBI Omaha Division, Special Agent in Charge Randall Thysse stated “We are grateful for the diligent and collaborative work with the Omaha Police Department Robbery Unit in apprehending this violent criminal in addition to their key participation in the Greater Omaha Bank Robbery Task Force.”
Okmulgee Man Pleads Guilty to Possession of Material Involving Sexual Exploitation of MinorsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JOHN CARL BERRYHILL, age 53, of Okmulgee, Oklahoma, pled guilty to POSSESSION OF CERTAIN MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2), punishable by a minimum of 10 years to 20 years imprisonment, and up to a $250,000.00 fine or both.
The Superseding Indictment alleged that from between on or about January 8, 2014 to on or about February 2, 2017, in the Eastern District of Oklahoma, the defendant, JOHN CARL BERRYHILL, did knowingly possess, attempt to possess and access with intent to view, matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), which said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.
The charges arose from an investigation by the Federal Bureau of Investigation.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Edward Snow represented the United States.
Oklahoma Doctor Agrees to Pay $580,000 to Settle Allegations of Submitting False Claims to MedicareRead the Press Release
Oklahoma City, Oklahoma – Dr. Gordon P. Laird has agreed to pay $580,000 to settle civil claims stemming from allegations that he violated the False Claims Act by submitting false claims to the Medicare program, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
Laird is a physician licensed in the State of Oklahoma. He is a former owner and employee of the companies Blackwell Feet Plus, LLC, and Feet Plus, LLC, which later did business as Prevention Plus.
The United States alleges Laird caused false claims to be submitted to the Medicare Program for services he did not provide or supervise. First, the United States alleges that in 2011, he allowed Prevention Plus to use his National Provider Identifier numbers (NPIs) to bill Medicare for evaluation and management physical therapy services that he did not provide or supervise. Second, the United States alleges that in December 2011, he separated from Prevention Plus, did not provide any additional services for Prevention Plus, and deactivated his NPIs associated with Prevention Plus. However, Laird reactivated his NPIs associated with Prevention Plus around March 2012 so Prevention Plus could use them to bill Medicare for services in January and February 2012 that he did not perform or supervise.
To resolve these allegations, Laird agreed to pay $580,000. In reaching this settlement, he did not admit liability, and the government did not make any concessions about the legitimacy of the claims. The agreement allows the parties to avoid the delay, expense, inconvenience, and uncertainty involved in litigating the case.
This case was investigated by the United States Department of Health and Human Services, Office of Inspector General, and the Federal Bureau of Investigation. Assistant United States Attorneys Scott Maule and Ronald R. Gallegos prosecuted the case.
Oakland Resident Pleads Guilty to Role in Interstate Gun Trafficking SchemeRead the Press Release
OAKLAND – Edgar De La Cruz pleaded guilty this afternoon to committing several crimes related to his role in an interstate firearms trafficking conspiracy announced United States Attorney Brian J. Stretch and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) Special Agent in Charge Jill Snyder. De La Cruz also pleaded guilty to participating in an armed robbery and acknowledged possessing cocaine and marijuana for sale. The plea was accepted by the Honorable Haywood S. Gilliam, Jr., U.S. District Judge.
According to the plea agreement, De La Cruz, 19, from Oakland, Cal., admitted that from at least March of 2015 until the date of his arrest in January of 2017, he was involved in a conspiracy to engage in the business of dealing in firearms without a license. De La Cruz acknowledged that he agreed with two or more other people to purchase firearms in the Reno, Nevada, area for sale in Oakland. Specifically, the defendant admitted that the Nevada-based coconspirators purchased firearms at his request and that he wired money to pay for the gun purchases. De La Cruz then picked up the guns, brought them to Oakland, and resold them to others for a profit. De La Cruz admitted the conspiracy was responsible for trafficking more than 60 firearms from Reno to Oakland.
De La Cruz also pleaded guilty to armed robbery. De La Cruz admitted that on November 21, 2015, he committed the armed robbery of an Oakland gas station. De La Cruz and an accomplice were both carrying guns when they entered the gas station store and demanded cash from the cash registers at gunpoint. After receiving cash, the defendant then ran out of the store with his accomplice. In addition to the armed robbery, De La Cruz admitted that on October 20, 2016, he possessed three Glock firearms and possessed cocaine and marijuana for distribution. The defendant also admitted to possessing cocaine for sale and, at times, trading guns for drugs. In sum, De La Cruz acknowledged he possessed firearms for multiple purposes: to engage in illegal firearms trafficking, to commit robbery, and to protect himself and his drug stash when he engaged in narcotics dealing.
On April 20, 2017, a federal grand jury indicted De La Cruz and seven alleged coconspirators with numerous crimes related to the conspiracy. For his role, De La Cruz was charged with conspiracy to deal in firearms without a license, in violation of 18 U.S.C. § 371; conspiracy to commit interference with commerce by robbery, in violation of 18 U.S.C. § 1951(a); interference with commerce by robbery, in violation of 18 U.S.C. §§ 195l(a) and 2; carrying or brandishing a firearm in furtherance of a crime of violence, in violation of 8 U.S.C. §§ 924(c)(l)(A); two counts of possession with intent to distribute cocaine, in violation of 21 U.S.C. §§ 84l(a)(l) and (b)(l)(C); 54 counts of dealing in firearms without a license, in violation of 18 U.S.C. §§ 922(a)(l)(A) and 2; two counts of traveling interstate to promote illegal firearms trafficking; and possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 84l(a)(l) and (b)(l)(D). Pursuant to today’s plea agreement, De La Cruz pleaded guilty to one count each of robbery affecting interstate commerce, carrying and brandishing a firearm during and in relation to a crime of violence, conspiracy to deal in firearms without a license, and traveling interstate to promote illegal firearms trafficking.
Judge Gilliam has scheduled De La Cruz’s sentencing for November 13, 2017, at 2 p.m. The maximum statutory penalty for robbery affecting interstate commerce is 20 years in prison, a $250,000 fine, and 3 years of supervised release. The maximum statutory penalty for carrying and brandishing a firearm during and in relation to a crime of violence is life in prison (with a 7-year mandatory minimum, consecutive to sentence imposed on any other count), a $250,000 fine, and 5 years of supervised release. The maximum statutory penalty for conspiracy to deal in firearms without a license is 5 years in prison, a $250,000 fine and 3 years of supervised release. The maximum statutory penalty for traveling interstate to promote illegal firearms trafficking is 10 years in prison, a $250,000 fine, and 3 years of supervised release. Additional fines, forfeitures, and special assessments also may be imposed. However, any sentence will 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.
This prosecution is the result of an investigation by the ATF Crime Gun Intelligence Center.
Nigerian Man Sentenced for Role in “Business Email Compromise” Scheme That Caused $3.7 Million Loss to U.S. CompaniesRead the Press Release
DALLAS — A Nigerian citizen in the U.S. on a student visa was sentenced today before U.S. District Judge Ed Kinkeade to 46 months in federal prison and ordered to pay $615,555.12 in restitution for his role in what has become known as a “Business Email Compromise” (BEC) scheme, announced U.S. Attorney John Parker of the Northern District of Texas.
Amechi Colvis Amuegbunam, 30, of Lagos, Nigeria, pleaded guilty in March 2017 to one count of conspiracy to commit wire fraud. He has been in custody since the time of his arrest in August 2015.
According to plea documents in the case, from November 2013 through August 2015, Amuegbunam and other individuals, sent fraudulent emails to companies in the Northern District of Texas and elsewhere, containing misrepresentations that caused the companies to wire transfer funds as instructed on a pdf document that was attached to the email.
The investigation of this particular scheme began when two companies in the Dallas/Fort Worth area reported to the FBI Dallas office that they had received targeted spear phishing emails. These emails appeared to be a forwarded message, allegedly from a top executive at the company, sent to an employee in the company’s accounting department who had authority to make financial transfers for the company. Although the emails appeared to be coming from a company executive, the messages were actually coming from a false email account fraudulently created to look like a legitimate company email account. A fraudulent domain name was used that contained one small difference from the true company’s email address – such as transposed letters. After complying with the spear-phishing email instructions to transfer funds, the companies became victims of the BEC scheme. The investigation traced the creation of some of the pdfs to Amuegbunam.
According to the factual resume, the scheme involved at least ten victims totaling a loss of approximately $3,700,000.
The FBI investigated and Assistant U.S. Attorney C.S. Heath prosecuted. In May 2017, the FBI issued a Public Service Announcement about the BEC scheme. https://www.ic3.gov/media/2017/170504.aspx
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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.
Michigan Janitorial Company Owner Pleads Guilty to Obstructing the Internal Revenue Laws and Failing to File Tax ReturnRead the Press Release
A Detroit, Michigan resident, who owned a janitorial service company, pleaded guilty to obstructing the internal revenue laws and failing to file an individual tax return, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the plea agreement and documents filed with the court, from approximately 2001, Braint N. Hall, 52, owned Braint N Hall Inc., which also did business as Sunrise Janitorial Service, Sunrise Janitorial and Maintenance Inc. and Detroit Industrial Cleaners Inc. In approximately 2009, the Internal Revenue Service (IRS) began auditing Hall for his failure to file individual income tax returns and to determine his income tax liability. Hall admitted that he lied during the audit in 2011 –providing false information about the ownership of his janitorial business, the business’ bank accounts and its client relationships. In an effort to conceal his ownership of the janitorial business, Hall admitted that he caused two relatives to establish nominee entities, which he controlled, to assume the business operations, employees, equipment and client contracts. Despite earning income from these businesses, Hall has not filed individual or corporate income tax returns since 2010.
Sentencing is scheduled for Dec. 12 before U.S. District Court Judge David M. Lawson. Hall faces a statutory maximum sentence of three years in prison on the obstruction count and one year in prison on the failure to file count. He also faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorneys Kenneth Vert and Jeffrey McLellan of the Tax Division, who are prosecuting the case. Acting Deputy Assistant Attorney General Goldberg also thanked the U.S. Attorney’s Office for the Eastern District of Michigan for its substantial assistance.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Mexican Citizen Sentenced for Producing Child PornographyRead the Press Release
DALLAS — Gerson Gonzalez Tovar, 25, who was living in Mesquite, Texas, was sentenced this afternoon before U.S. District Judge Ed Kinkeade after pleading guilty in March 2017 to one count of production of child pornography, announced John Parker, United States Attorney for the Northern District of Texas.
Judge Kinkeade sentenced Tovar to 204 months in federal prison, to be followed by 10 years of supervised release. He has been in custody since his arrest in May 2016.
According to documents filed in the case and facts presented at the sentencing hearing, in 2014 Tovar contacted a 15-year-old girl using Facebook. Tovar knew that the girl was 15 years old. During the victim girl’s summer break in 2014, Tovar drove to her house, convinced her to get into the car he was driving, and engaged in sexually explicit conduct with her. Tovar met with the girl again on April 9, 2015. On this date, Tovar picked up the victim from her school and again engaged in sexually explicit conduct. Tovar, using his phone, filmed the girl engaging in sexually explicit conduct with him and directed the girl to send him child pornography of herself. He messaged the girl asking her how many times she would let him have sex with her when he went to her school.
In addition to the 15-year-old victim, Tovar met with a 13-year-old girl on more than one occasion and attempted to engage in sexually explicit conduct with the 13-year-old.
The matter was brought as part of Project Safe Childhood, a nationwide initiative, which was launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Federal Bureau of Investigation and the Dallas Police Department investigated. Assistant U.S. Attorney Jamie L. Hoxie was in charge of the prosecution.
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Man Sentenced for Assaulting a U.S. Border Patrol Agent and Alien SmugglingRead the Press Release
Assistant U. S. Attorneys Timothy Coughlin (619) 546-6768 and Carlos Arguello (619) 546-6684
NEWS RELEASE SUMMARY – August 28, 2017
SAN DIEGO – Martel Valencia-Cortez, a Mexican national and prolific alien smuggler, was sentenced in federal court today to 99 months in prison for hurling a softball-sized rock at a U.S. Border Patrol agent and for alien smuggling.
Valencia-Cortez was convicted by a federal jury in May of all counts, including one count of assault on a federal officer with a deadly weapon and three counts of bringing in an alien for financial gain.
U.S. District Judge Marilyn Huff imposed an 87-month sentence for the four counts, plus an additional 12 months in custody for violating the terms of supervised release from a 2013 alien smuggling conviction.
On November 15, 2015, less than two months after his deportation to Mexico following the completion of a 33-month sentence for a prior alien smuggling conviction, Valencia re-entered the United States guiding a group of 15 undocumented immigrants. When the trip through the mountains in rough terrain and inclement weather was interrupted by agents, Valencia threw a softball-sized rock from a distance of approximately 30 feet that hit an agent on the side of the face. Valencia evaded apprehension when he ran back into Mexico afterwards. Agents arrested Valencia when Mexican authorities escorted him to the San Ysidro Port of Entry on Friday, March 11, 2016.
According to court records and testimony at trial, the agent who was assaulted said he had never been hit that hard in his life, and he felt an overwhelming pain that caused him to feel dazed and disoriented, as if he was going to pass out. The rock hit the agent so hard that he thought his teeth were knocked-out or his jaw was broken.
“This sentence is a fitting reminder that the safety of our courageous agents, who put their lives on the line every day to protect our country, is of paramount importance to our office and to the community,” said Acting U.S. Attorney Alana W. Robinson.
“I am grateful to the U.S. Attorney’s Office for the immense support the agents of San Diego Sector have received regarding this case. Valencia demonstrates the worst of what agents are confronted with, and we fully support this conviction and sentencing. Valencia is not only a danger to law enforcement officials but the general public as well,” said San Diego Sector Chief Patrol Agent Richard A. Barlow.
DEFENDANTS Case Number 16-CR-0730
Martel Valencia-Cortez Age: 39 Colima, Mexico
SUMMARY OF CHARGES
Count 1: Assault on a Federal Officer, in violation 18 U.S.C. 111 (a)(b)
Maximum Penalty 20 years in prison
Count 2-4: Bringing in Aliens for Financial Gain, in violation of 8 U.S.C. 1324 (a)(2)(b)(ii)
Mandatory Minimum of 5 years in prison, maximum 15 years
AGENCY
U.S. Customs and Border Protection
U.S. Border Patrol
Long Beach Man Pleads Guilty to Federal Narcotics Charges, including Distribution of Pills Manufactured with Fentanyl AnalogueRead the Press Release
LOS ANGELES – The leader of a narcotics-distribution ring pleaded guilty this morning to federal drug trafficking charges and admitted importing a powerful synthetic opioid from China that was used to produce homemade pills that were distributed in bulk across the nation.
Gary Resnik, 32, of Long Beach, led a conspiracy that imported acetylfentanyl, a drug very similar to fentanyl, a powerful and highly addictive opioid. Acetylfentanyl, which is many times more potent than heroin, is not approved for any use in the United States.
Resnik pleaded guilty to two felony offenses – conspiracy to manufacture and distribute narcotics (including acetylfentanyl and ecstasy), and possession with the intent to distribute acetylfentanyl.
In a plea agreement filed in federal court, Resnik admitted importing from China bulk chemicals that were used to manufacture narcotics, including acetylfenatnyl. The drug organization also obtained pill presses from China that were used illegally to make tablets in labs in Long Beach and Baldwin Park. Resnik acknowledged that DEA agents seized over 9 kilograms of acetylfentanyl from the organization.
During the course of an investigation by the Drug Enforcement Administration, authorities seized narcotics – including opiate pills containing acetylfentanyl, Xanax pills, and ecstasy pills – from a man who had just purchased the drugs from members of the drug trafficking organization.
Resnik is scheduled to be sentenced by United States District Judge S. James Otero on February 26. At the time of sentencing, Resnik will face a statutory maximum penalty of 20 years in federal prison for each of the two counts.
This case is being prosecuted by Assistant United States Attorneys Michael G. Freedman and David Ryan of the General Crimes Section.
Lima man charged with falsely overstating assets to bankRead the Press Release
Terry J. Ellis, 77, of Lima, was charged via criminal information with making a false report to a bank, said Justin E. Herdman, U.S. Attorney for the Northern District of Ohio.
Ellis in 2010 willfully and falsely overstated assets in relation to a line of credit. Ellis told JPMorgan Chase Bank that assets were approximately $2.3 million when in truth, as Ellis knew, the assets were approximately $1.9 million, according to the information.
If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Federal Bureau of Investigation and the Office of Inspector General, Export-Import Bank. case is being handled by Assistant U.S. Attorney Gene Crawford.
An information is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.Kenyan Man Charged with Illegally Possessing a FirearmRead the Press Release
Kevin Oscar Naholi, 40, a Kenyan citizen residing in southwest Cedar Rapids, Iowa, has been charged with one count of possessing a firearm as an alien unlawfully in the United States. The charge is contained in a Complaint filed today in United States District Court in Cedar Rapids.
The Complaint alleges that on or about early Friday evening, August 25, 2017, Naholi was observed outside his residence pointing a long gun towards passersby. When police responded to the scene Napoli retreated into his residence and an eleven-hour standoff ensued. Cedar Rapids Police sought to negotiate with Naholi during that time but he refused to come out of the residence. At about 4:30 a.m. on August 26, 2017, a special response unit of the Cedar Rapids Police Department safely entered the residence and took Naholi into custody.
The complaint alleges Naholi entered the United States from Kenya in 2003 on a student visa. However, when Naholi failed to register for classes as required by the visa, the visa was revoked in 2004. Naholi subsequently sought unsuccessfully to gain lawful status in the United States.
If convicted on the charge in the Complaint, Naholi would face a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and 3 years of supervised release following any imprisonment.
Naholi appeared today in federal court in Cedar Rapids and was ordered detained without bond. The United States has 30 days in which to present this case to a grand jury for a formal charging decision.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Richard L. Murphy and is being investigated by Homeland Security Investigations and the Cedar Rapids Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-mj-289-CJW.
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Jury Convicts St. Croix Man of Production of Child Pornography and Related ChargesRead the Press Release
St. Croix, USVI – On August 25, 2017, after a five-day trial, a federal jury on St. Croix convicted Gilroy Derrick Elcock, 45, of six counts of production of child pornography, two counts of aggravated rape first degree, and one count of possession of child pornography, Acting United States Attorney Joycelyn Hewlett announced.
Production of child pornography carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of 30 years. Possession of child pornography carries a maximum sentence of 10 years in prison, and aggravated rape first-degree carries a mandatory minimum sentence of 15 years to life imprisonment. Elcock remains in custody pending sentencing. No sentencing date has been set.
Evidence presented at trial established that Elcock met the mother of J.S. and J.J.S. in October 2013. The mother and Elcock started dating, and in January 2014, Elcock started living with the mother and two children. Elcock started having sexual relations with J.S.,16, and J.J.S.,12, and used his cell phone to record the sexual encounters. J.J.S. asked Elcock to stop, but he continued. The mother spoke to J.J.S., who showed her mother Facebook messages between her and Elcock. The messages were sexual in nature, and when the mother saw the messages, she called the police. The subsequent investigation, including a search of Elcock’s cell phone, yielded seven videos depicting him engaged in sexual acts with J.S. and J.J.S.
This case was investigated by the Virgin Islands Police Department and U.S. Immigration and Customs Enforcement, Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Rhonda Williams-Henry.
Joliet Man Sentenced to 20 years in Prison on Carjacking and Kidnapping ChargesRead the Press Release
St. Louis, MO – Deshawn Denton was sentenced to 20 years in prison for armed carjacking and kidnapping charges.
On February 7, 2016, Denton committed an armed carjacking by pointing a firearm at the operator of a vehicle in the area of South 14th Street and Spruce. Denton threatened to kill the victim and ordered the victim out of the vehicle. Denton and an accomplice fled in the vehicle.
Two days later, in the early morning hours of February 9, 2016, Denton committed another armed carjacking by pointing a firearm at two occupants of a vehicle parked on Washington Avenue in downtown Saint Louis. Denton approached the vehicle and pointed a firearm at the two victims. Personal items were demanded and taken. Denton ordered the two victims to get into the vehicle’s backseat. Denton and an accomplice took the vehicle and victims to East Saint Louis, Illinois, where, among other things, Denton demanded that one of the victims make an ATM withdrawal. The two victims were later released outside the Casino Queen. During the kidnapping, Denton repeatedly threatened to kill the victims.
Denton, 27, of Joliet, IL, pleaded guilty on May 15, 2017, to one felony count of armed carjacking and one felony count of kidnapping. He appeared today for sentencing before United States District Judge Henry Autrey.
This case was investigated by the St. Louis Metropolitan Police Department and Federal Bureau of Investigation.
Jacksonville Woman Sentenced to 35 Years for Sex Trafficking, Conspiracy to Distribute Crack Cocaine, and A Firearm OffenseRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced Shaquana Quenella Brookins (32, Jacksonville) to 35 years in federal prison for sex trafficking by force, fraud, or coercion; conspiracy to manufacture and distribute crack cocaine; and possessing a firearm as a convicted felon. The Court set scheduled separate hearing to determine restitution owed to two of her victims.
Brookins pleaded guilty on October 21, 2016.
According to court documents, from the summer of 2013 through late 2015, Brookins was trafficking illegal drugs, including crack cocaine, heroin, and flakka, in Jacksonville and routinely carried firearms for intimidation purposes. She also engaged in commercial sex trafficking.
In March 2014, Brookins met a woman who she began prostituting using the website Backpage.com. The victim was addicted to crack cocaine, and Brookins controlled her by exploiting her addiction. Brookins also repeatedly beat the victim in order to cause her to engage in commercial sex acts and to punish her if she stole drugs or withheld money. On several occasions, the victim attempted to escape from Brookins, but was forced by Brookins to return.
Brookins’s criminal enterprise included a driver, Victor Billy Parra, who would take the victim and others to commercial sex “dates” in exchange for crack cocaine. Parra was prosecuted in a separate case for selling crack cocaine to an undercover ATF agent and was sentenced to 90 months in federal prison.
Brookins also used crack cocaine to compensate an attorney, Tomislav Golik, who represented the sex trafficking victims in various criminal cases brought against them. Golik was prosecuted in a separate case for possessing firearms while an unlawful user of crack cocaine and sentenced to 33 months in federal prison.
Brookins obtained a Smith & Wesson .357 magnum revolver from Golik, which she paid for with crack cocaine. Prior to possessing the firearm, she had been convicted of four felonies, including grand theft auto, sale of cocaine, and possession of a firearm by a convicted felon, and therefore was prohibited from possessing a firearm or ammunition under federal law.
“ATF’s primary focus is protecting the public by reducing violent crime,” said ATF Special Agent in Charge Daryl McCrary. “The announcement of this sentencing today means that this individual will no longer be able to hurt, harm or intimidate this community. ATF continues to aggressively pursue violent offenders and will continue to protect and serve communities with our law enforcement partners.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It was prosecuted by Assistant United States Attorney Laura Cofer Taylor.
Illinois Man Sentenced to 10 Years in Prison for Traveling to Connecticut to Engage in Sex with MinorRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ARTURO CASTRO, 53, of Wilmette, Illinois, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to 120 months of imprisonment, followed by 10 years of supervised release, for traveling to Connecticut to engage in sex with a minor.
According to court documents and statements made in court, in approximately December 2013, CASTRO began communicating with a 15-year-old female in Connecticut through “Chess with Friends,” and online app. Using the app’s chat option, CASTRO asked the minor victim to send him naked photographs of herself, and subsequently enticed the minor victim to create videos depicting the minor victim engaged in sexually explicit conduct and send those videos to CASTRO. CASTRO also sent sexually explicit pictures and videos to the victim. In March 2014, CASTRO traveled from Illinois to Connecticut and engaged in illicit sexual activity with the minor victim.
CASTRO has been detained since his arrest on December 13, 2016. On June 5, 2017, he pleaded guilty to one count of use of an interstate facility to persuade a minor to engage in unlawful sexual activity.
CASTRO, a citizen of Mexico and lawful permanent resident of the U.S., faces immigration proceedings when he is released from prison.
This investigation was conducted by Homeland Security Investigations in Hartford and Chicago, and the Clinton (Conn.) Police Department. The case was prosecuted by Assistant U.S. Attorney Jacabed Rodriguez-Coss.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
Houston Man Sentenced to 15 Years for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Houston, Texas man was sentenced in federal court today for his role in a conspiracy to distribute large quantities of methamphetamine in southwest Missouri.
Robert Canales, 34, of Houston, Texas, was sentenced by U.S. District Judge M. Douglas Harpool to 15 years in federal prison without parole. Canales was sentenced as a career offender due to his prior convictions for robbery (in which he threatened the victim with a firearm) and possession with intent to deliver cocaine.
On Dec. 21, 2016, Canales pleaded guilty to participating in the conspiracy to distribute methamphetamine in Greene, Polk, Christian, Jasper, Laclede, and Webster Counties from June 1, 2013, through Nov. 29, 2014.
Beginning in 2012, the Drug Enforcement Administration, assisted by other agencies, investigated one of the largest methamphetamine distribution rings in southwest Missouri. The investigation resulted in the indictment of 28 co-defendants.
According to court documents, Canales assisted co-defendant Nelson Olmeda, also known as “Diego,” 27, of Rosenberg, Texas, who was one of the major suppliers of methamphetamine to the drug-trafficking organization led by Daniel and Kenna Harmon of Republic, Mo. In 2013 through 2014, the Harmon drug-trafficking organization distributed in excess of 45 kilograms of methamphetamine in southwest Missouri. Law Enforcement believe that Canales’s role in the conspiracy was, in part, to provide protection to Olmeda’s drug distribution activity.
On Nov. 4, 2014, law enforcement arrested Olmeda as part of the investigation and seized two pounds of methamphetamine. On the same day, a co-conspirator took officers to a hotel room where Olmeda had been staying in the Lake of the Ozarks. In the hotel room law enforcement officers found another pound of methamphetamine and $20,000. Canales was staying in a separate bedroom at the same hotel, and assisted Olmeda in the transportation of the methamphetamine found in Olmeda’s possession to Missouri.
Canales was arrested on Dec. 22, 2014, while he and a co-conspirator were attempting to deliver a half pound of methamphetamine to a Springfield residence. The person inside the residence, according to court documents, was so confused or high that he called the police when they knocked on his door because he thought they were trying to rob him. Springfield police officers responded and found both men sitting in a car outside of the residence, with Canales in the rear of the vehicle. Officers smelled a strong odor of marijuana when they opened the car. When they searched the vehicle officers found a rolled-up sock containing approximately a half pound (222 grams) of methamphetamine.
Olmeda also pleaded guilty and was sentenced on June 20, 2017, to 20 years in federal prison without parole.
Kenna Harmon was arrested in November 2014. Agents searched various residences and vehicles belonging to Kenna Harmon and her co-conspirators and seized approximately five kilograms of methamphetamine and approximately $128,674. Kenna Harmon has pleaded guilty to being a leader in the drug-trafficking conspiracy as well as a money-laundering conspiracy and to being a felon in possession of a firearm.
Daniel Harmon was indicted in the Eastern District of Missouri and pleaded guilty to possessing methamphetamine with the intent to distribute and to being a felon in possession of a firearm. Following his arrest and incarceration, Kenna Harmon continued to lead the drug-trafficking organization.
This case is being prosecuted by Assistant U.S. Attorneys Randall D. Eggert, Nhan D. Nguyen and Cynthia J. Hyde. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, the Missouri State Highway Patrol, the Springfield, Mo., Police Department and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Hartford Man Sentenced to Prison for Distributing Heroin Involved in Middletown Overdose DeathRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that, YACOV OCASIO, also known as “Little,” 21, of Hartford, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 30 months of imprisonment, followed by three years of supervised release, for distributing heroin. Judge Thompson also ordered OCASIO to perform 150 hours of community service.
This prosecution is part of 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 August 26, 2016, Middletown Police and emergency medical personnel responded to a Middletown apartment on the report of a possible overdose and found an unresponsive 28-year-old male lying in a bed. Medical intervention was unsuccessful and the victim was pronounced dead. Officers located and seized one torn baggy, commonly used to package heroin, from the victim’s pants pocket. Officers also seized the victim’s iPhone.
The Office of the Chief Medical Examiner for the State of Connecticut subsequently determined that the victim died from acute heroin and fentanyl toxicities.
The investigation revealed that, on August 25, 2016, the victim arranged to purchase heroin from OCASIO, and then drove to Hartford to complete the purchase.
In November 2016, investigators conducted a controlled purchase of heroin from OCASIO.
OCASIO was arrested on a federal criminal complaint on January 18, 2017. On February 24, he pleaded guilty to one count of possession with intent to distribute, and distribution of, heroin.
This matter was investigated by the Drug Enforcement Administration’s Tactical Diversion Squad and the Middletown Police Department. The Tactical Diversion Squad includes participants from the New Haven, Hamden, Greenwich, Shelton, Bristol, Vernon, Wilton, Milford, Monroe and Fairfield Police Departments, and the Connecticut State Police.
The case was prosecuted by Assistant U.S. Attorneys Robert Spector and Jocelyn Kaoutzanis, and Special Assistant U.S. Attorney Eugene Calistro, with the support and assistance of the Middlesex State’s Attorney’s Office.
Haitian National Involved in Insurance Fraud Scheme is SentencedRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JACQUES FLEURIJEUNE, 28, also known as “Magic,” a citizen of Haiti last residing in New London, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to approximately five months of imprisonment, time already served, and three years of supervised release, for his involvement in an insurance fraud scheme.
According to court documents and statements made in court, between April 2011 and April 2014, FLEURIJEUNE and others conspired to stage approximately 50 car crashes in eastern Connecticut for the purpose of defrauding automobile insurance companies and enriching themselves. A high percentage of these planned crashes were single-vehicle accidents on remote roads where there were no witnesses other than the occupants of the crashed vehicle. After each staged accident, the defendants filed fraudulent property damage and bodily injury claims with various automobile insurance companies. They then collected payouts on the fraudulent claims from the victim insurance companies. These payouts typically ranged from about $10,000 to about $30,000 per accident.
On February 13, 2017, FLEURIJEUNE pleaded guilty to one count of conspiracy to commit mail and wire fraud. In pleading guilty, he admitted to his personal involvement in one staged crash that occurred on October 22, 2013, in Norwich. On that date Mackenzy Noze deliberately crashed FLEURIJEUNE’s car, which was in poor condition, in part so that FLEURIJEUNE could receive money from his insurance provider to purchase a new vehicle. After Noze crashed the vehicle, FLEURIJEUNE replaced Noze in the driver’s seat and falsely reported to responding law enforcement officers that FLEURIJEUNE had been driving the car at the time of the crash, and that the crash occurred because he swerved into a tree to avoid hitting a deer in the road.
After the crash, FLEURIJEUNE and his co-conspirators submitted fraudulent insurance claims that misrepresented the conditions that caused the crash, who was driving the vehicle at the time of the crash, and whether and to what extent the occupants of the vehicle suffered injuries as a result of the crash. As a result, FLEURIJEUNE and others collected a total of $30,534.52 from the insurer.
FLEURIJEUNE, who is detained, faces immigration proceedings.
Six other individuals involved in this scheme, including Noze, have been convicted. Noze awaits sentencing.
This matter has been investigated by the Federal Bureau of Investigation, the Norwich Police Department and the National Insurance Crime Bureau. The case is being prosecuted by Assistant U.S. Attorneys Avi Perry and Michael J. Gustafson.
Grant County man sentenced for firearm chargeRead the Press Release
ELKINS, WEST VIRGINIA – A Petersburg, West Virginia man was sentenced today to 110 months incarceration for a firearm violation, Acting United States Attorney Betsy Steinfeld Jividen announced.
Benjamin Wayne Hyre, 37, pled guilty to one count of “Felon in Possession of a Firearm” in April 2017. Hyre, having previously been convicted of two separate felonies in Grant County Circuit Court, admitted to having in his possession a .22-250 caliber rifle. The crime occurred in March 2016 in Grant County.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Grant County Sheriff’s Office investigated.
U.S. District Judge John Preston Bailey presided.
Georgia Man Sentenced for Defrauding Banks and Credit UnionsRead the Press Release
ERIE, Pa. - A resident of Alpharetta, Georgia, has been sentenced in federal court to serve one day in the custody of the United States Marshal, six months in a Community Confinement Center and six months in home detention while serving three years of supervised release on his conviction of bank fraud, Acting United States Attorney Soo C. Song announced today.
United States District Judge David S. Cercone imposed the sentence on Willie Hugh Joy, 47, of Alpharetta, Georgia.
According to information presented to the court, from in and around January 2009, to in and around January 2013, Joy and his co-defendants engaged in a fraudulent loan program in which a hierarchy of brokers, managers, processors and straw borrowers falsified bank loan documents and supporting documentation in order to obtain various auto and consumer loans and lines of credit from banks and credit unions. Mr. Joy was also ordered to pay restitution jointly with his co-defendants.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
Acting United States Attorney Song commended the United States Secret Service for the investigation leading to the successful prosecution of Joy.
Former Top Ranking Executive at Pediatric Behavioral Health Clinic Pleads Guilty to Falsifying Patient RecordsRead the Press Release
Jacksonville, FL – Acting United States Attorney W. Stephen Muldrow announces that John Christopher Walcutt (40, Jacksonville) has pleaded guilty to falsifying patient progress notes of children with autism and other behavioral health issues, in response to a federal audit. He faces a maximum term of five years in federal prison. A sentencing date has not yet been set.
According to the
plea agreement , Walcutt was the former managing member of Keystone Behavioral Pediatrics, a developmental center, where children with developmental, learning, and behavioral issues ostensibly received counseling and therapy. In late 2011, Keystone received an audit request from the government for randomly selected patient files.In submitting claims for reimbursement from TRICARE, which is a health care program for military personnel, Keystone certified that some of its pediatric patients had received “one on one” counseling and therapy. Some of the patients were also represented to have received therapy for autism from licensed and credentialed providers. In reality, many of the patients had not received “one on one” counseling or therapy from licensed and credentialed providers and, in some cases, had been left unsupervised in a small “play pen” area. Only some of the children had received therapy in a group setting. In most cases, non-credentialed employees, including graduate students, were treating the children.
Walcutt and others participated in the altering of patient files that were sent in response to the government’s audit request. As a result of the falsified patient records, TRICARE paid Keystone approximately $600,000 for claims that otherwise would not have been reimbursable.
This case was investigated by the Defense Criminal Investigative Service and Naval Criminal Investigative Service. It is being prosecuted by Assistant United States Attorney Jason Mehta.
Former IRS Employees Plead Guilty to Tax Fraud in FresnoRead the Press Release
FRESNO, Calif. — Two long-time IRS employees pleaded guilty today to aiding others in the preparation of false tax returns, and making their own fraudulent tax returns as an employee of the United States, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Della Ornelas, 49, and Randall Ruff, 53, both of Fresno, are a married couple. Between 2005 and 2012, they filed false tax returns for family and friends that added dependents, generating large tax refunds that were diverted into bank accounts they controlled, sometimes without the knowledge of the taxpayer. They also filed false tax returns for themselves by fraudulently adding dependents. Over a seven-year period, Ornelas defrauded the United States of approximately $76,897 and Ruff defrauded the United States of approximately $53,227.
This case is the product of an investigation by the Treasury Inspector General for Tax Administration and the Internal Revenue Service-Criminal Investigation. Assistant U.S. Attorney Mark J. McKeon is prosecuting the case.
Ornelas and Ruff are scheduled to be sentenced by U.S. District Judge Dale A. Drozd on November 13, 2017. They each face a maximum statutory sentence of three years in prison for aiding and abetting false tax returns and five years in prison for making fraudulent tax return by an employee of the United States. The actual sentence, however, will 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.
Erie Woman Admits Dealing FentanylRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to a charge of violating federal narcotics laws, Acting United States Attorney Soo C. Song announced today.
Tiesha Lasha Henderson, 30, pleaded guilty to one count before United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that on March 15, 2017, Henderson possessed with intent to distribute 67.27 grams of fentanyl. The fentanyl was discovered when members of the Erie County Drug Task Force executed a search warrant at Henderson’s residence in Erie, Pennsylvania. According to information provided to the court, Henderson attempted to flush the fentanyl down the toilet before officers executed the warrant. The fentanyl was packaged in three baggies, one of which had been diluted or “cut” for redistribution to other individuals in Erie, Pennsylvania.
Judge Cercone scheduled sentencing for December 11, 2017 at 3:00 p.m. The law provides for a minimum sentence of 5 years to a maximum sentence of 40 years in prison, a fine of $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Marshall J. Piccinini is prosecuting this case on behalf of the government.
The Erie County Detective Bureau, the Erie Police Department, the Millcreek Township Police Department and the Federal Bureau of Investigation conducted the investigation that led to the prosecution of Henderson.
Erie Man Sentenced to Prison for Illegally Possessing Gun and AmmunitionRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been sentenced in federal court to time served of 20 months in prison on his conviction of violating federal firearms laws, Acting United States Attorney Soo C. Song announced today.
United States District Judge David S. Cercone imposed the sentence on Adam John Carlson, 34.
According to information presented to the court, Carlson possessed a firearm and numerous rounds of ammunition which he was precluded from possessing because of an active protection from abuse order.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
This case was prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.
Acting United States Attorney Song commended the Erie Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Carlson.
Erie Felon Gets Prison Time for Illegally Possessing FirearmRead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania, has been sentenced in federal court to 32 months in jail on his conviction of violating federal firearms laws, Acting United States Attorney Soo C. Song announced today.
United States District Judge David S. Cercone imposed the sentence on Kevin Dimitri Tate, 24.
According to information presented to the court, Tate unlawfully possessed a .380 ACP firearm while being prohibited from firearm possession because he is a convicted felon.
Assistant United States Attorney Marshall J. Piccinini prosecuted this case on behalf of the government.
This case was prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state, and local law enforcement agencies, prosecutors, and communities to prevent, deter, and prosecute gun crime.
Acting United States Attorney Song commended the Western Pennsylvania Fugitive Task Force, Erie Bureau of Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives for the investigation leading to the successful prosecution of Tate.
Dorchester Man Sentenced for Firearm OffenseRead the Press Release
BOSTON – A Dorchester man was sentenced today in federal court in Boston for being a felon in possession of three firearms.
Byron Newberry, 44, was sentenced by U.S. District Court Senior Judge Mark L. Wolf to three concurrent terms of 30 months in prison and three years of supervised release. In November 2014, Newberry pleaded guilty to three counts of being a felon in possession of a firearm.
During an investigation into gun sales in Boston’s Dorchester neighborhood from March to April 2012, investigators learned that Newberry and two other co-conspirators possessed illegal firearms and ammunition for sale. During a six-week period, undercover law enforcement officers purchased a shotgun, a semi-automatic rifle with ammunition, and a .38 pistol from Newberry and his co-conspirators.
One of Newberry’s co-conspirators, Michael Collins, was sentenced to 15 years in prison in January 2014.
Acting United States Attorney William D. Weinreb and Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division made the announcement today. Assistant U.S. Attorney Dustin Chao of Weinreb’s Criminal Division prosecuted the case.
Detroit drug dealer sentenced to five years in federal prison for pushing pain pillsRead the Press Release
CHARLESTON, W.Va. – A Detroit man was sentenced today to five years in federal prison for dealing pain pills, announced United States Attorney Carol Casto. Deangelo Cann, 26, originally from Detroit, previously pleaded guilty to distribution of oxymorphone.
Cann admitted that on February 3, 2015, he sold oxymorphone pills to a confidential informant working with law enforcement. The drug deal took place in the parking lot of the Embassy Suites Hotel in Charleston. As part of his plea agreement, Cann further admitted to all the drug trafficking activity charged in the indictment.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney John J. Frail is responsible for the prosecution. United States District Judge Thomas E. Johnston imposed the sentence.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Defendant Sentenced to 70 Months Imprisonment for Trafficking MethamphetamineRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced that on August 15, 2017, United States District Judge William H. Steele sentenced Arturo Hernandez-Esquivel, 38, an illegal alien from Mexico, to 70 months in prison for possession with intent to distribute methamphetamine. Judge Steele ordered that the defendant be delivered to a duly authorized immigration official for possible deportation immediately following the completion of his term of incarceration. The court also ordered that Hernandez-Esquivel pay a $100 special assessment and imposed a term of supervised release of five years.
On January 10, 2017, Alabama State Trooper Joseph Bennett observed a gray Jeep SUV following too close behind a commercial vehicle on 1-65 southbound in Baldwin County, Alabama. Trooper Bennett pulled over the vehicle. Hernandez-Esquivel was the driver and sole occupant. Hernandez-Esquivel gave the trooper verbal and written consent to search the vehicle. Law enforcement officials found approximately 478.5 grams of methamphetamine (actual) concealed in the vehicle.
In February 2017, a federal grand jury for the Southern District of Alabama charged Hernandez-Esquivel with one count of possession with intent to distribute methamphetamine in violation of 21 USC § 841(a)(1). On May 11, 2017, the defendant pled guilty to the offense before Judge Steele.
The Drug Enforcement Administration and the Alabama Law Enforcement Agency investigated the case. Assistant United States Attorney Sinan Kalayoglu prosecuted the case.
Contractor Charged in Relation to Cash Kickbacks of Macomb Township OfficialRead the Press Release
An owner of a contracting firm, Christopher Sorrentino, 51, of Macomb Township, was charged today in an information with one count of structuring financial transactions to avoid currency reporting requirements, Acting United States Attorney Daniel L. Lemisch announced.
Lemisch was joined in the announcement by David P. Gelios, Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation and Manny Muriel, Special Agent in Charge of the Detroit Field Office of the Internal Revenue Service.
The information alleges that in November of 2014, Sorrentino, at the direction of an elected official of Macomb Township, accepted a check from Macomb Township in payment for work Sorrentino did not perform. Sorrentino deposited the township check into his bank account. The elected official directed that Sorrentino pay him a cash kickback of $66,000. In order to accomplish this without creating a currency transaction report, Sorrentino wrote seven checks in amounts slightly less than $10,000. Sorrentino then caused all of the checks to be cashed and provided $66,000 in cash to the elected official.
This case is part of the government’s wide-ranging corruption investigation centered in Macomb County, Michigan. The investigation of this case was conducted by the Federal Bureau of Investigation and the Internal Revenue Service. The case is being prosecuted by Assistant U.S. Attorneys David A. Gardey and R. Michael Bullotta.
The charge carries a maximum sentence of 5 years’ imprisonment and a fine of $250,000
An information is only a charging document 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.
Construction Manager and Financier Who Laundered Money for Calexico Tunnel Organization Pleads GuiltyRead the Press Release
Assistant U. S. Attorney Sherri Walker Hobson (619) 961-0287
NEWS RELEASE SUMMARY – August 28, 2017
SAN DIEGO – Habib Sayb Mujica, an American citizen who spent almost six years in a Mexican prison for firearms trafficking only to be arrested in the U.S. upon his release, pleaded guilty in federal court today to tunnel-related charges.
According to his plea agreement, Mujica, 35 admitted that he participated in a conspiracy to construct, finance and use an unfinished tunnel that was discovered in Calexico in 2011. The tunnel was discovered by Homeland Security Investigations agents at a warehouse at 361 W. 2nd Street in Calexico.
Mujica acknowledged in his plea agreement that he instructed Ricardo Rosales-Rafael to rent the large Calexico warehouse with drug proceeds. He further admitted that approximately $340,172 in cash was deposited into bank accounts to facilitate the rental of the Calexico warehouse and to rent various machines and tools to construct the tunnel’s exit point for the purpose of smuggling controlled substances.
Mujica also admitted that he intended to operate a business known as Baja Bikes, but this was only a front to conceal the tunnel activities inside. To construct the tunnel, Mujica arranged for a Horizontal Directional Drilling Machine (HDD) to initiate the construction of a tunnel, and purchased multiple tools and equipment, including alignment tools, pipes, level tripod, jack hammer, drills, electric saws, forklift hydraulic lift, air compressors and tool boxes.
Mujica, who recently completed a sentence of almost six years in a Mexican prison following his conviction for gun trafficking there, was expelled from Mexico to the United States in May 2017. He was arrested by U.S. authorities after his explusion.
Mujica is scheduled to be sentenced for the tunnel-related crimes on November 27, 2017, at 9 a.m. before Judge Thomas Whelan. Mujica also faces gun charges in an unrelated criminal case, criminal case number 11cr3531JAH.
The following photos depict the warehouse and the Horizontal Directional Drilling Machine used to construct the tunnel:
DEFENDANT Case Number 17CR2505W
Habib Sayb Mujica Age: 35 Calexico, California
SUMMARY OF CHARGES
Money Laundering Conspiracy – Title 18, U.S.C., Section 1956(h)
Maximum penalty: 20 years’ imprisonment and $500,000 fine
Conspiracy to Construct, Finance, and Use Tunnel – Title 18,U.S.C. Section 555
Maximum penalty: 20 years’ imprisonment and $250,000 fine
AGENCY
Homeland Security Investigations, Calexico
Chicago Police Officer Convicted of Federal Civil Rights ViolationsRead the Press Release
CHICAGO — A federal jury today convicted a Chicago police officer of federal civil rights violations for using unreasonable force against two individuals while on duty.
MARCO PROANO was convicted on both counts of deprivation of rights under color of law. Proano used unreasonable force with his service weapon while on duty as an officer of the Chicago Police Department on Dec. 22, 2013. Proano fired 16 shots into a vehicle that contained numerous people, wounding two individuals who suffered bodily injuries as a result of the unreasonable force.
The jury returned its verdict against Proano, of Chicago, after a week-long trial in the courtroom of U.S. District Judge Gary Feinerman.
The conviction was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.
Each count of the indictment is punishable by up to ten years in prison. Judge Feinerman scheduled a sentencing hearing for Nov. 20, 2017, at 2:00 p.m.
The government is represented by Assistant U.S. Attorneys Georgia Alexakis and Erika Csicsila.
Career Offender Sentenced to More Than Ten Years for Dealing Methamphetamine and Crack CocaineRead the Press Release
Tampa, FL – U.S. District Judge Charlene E. Honeywell has sentenced Dameon Q. McDonald (38, Plant City) to 12 years and 10 months in federal prison for possessing with the intent to distribute crack cocaine and 5 grams or more of methamphetamine. He pleaded guilty on May 22, 2017.
According to court documents, on February 24, 2017, law enforcement officers executed a search warrant at a Plant City home. As soon as they entered, McDonald tried to flee, carrying a blue bag in his hand. Officers stopped him as he was about to exit the backdoor. Among the items in McDonald’s bag were $4,078 in cash, more than 20 grams of 99%-pure methamphetamine, and distribution quantities of crack cocaine and marijuana. McDonald has numerous prior convictions, including several prior drug-trafficking offenses.
This case was investigated by the Plant City Police Department and the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Gregory T. Nolan.
Bureau of Prisons Employee Sentenced for Providing Marijuana to PrisonerRead the Press Release
CLARKSBURG, WEST VIRGINIA – Cody Tyler Layman of Terra Alta, West Virginia, was sentenced today to eight months incarceration for providing an inmate with marijuana, Acting United States Attorney Betsy Steinfeld Jividen and Department of Justice Office of the Inspector General Special Agent-in-Charge Michael P. Tompkins announced.
Layman, age 32, pled guilty to one count of “Introduction of a Prohibited Object - Marijuana” in April 2017. Layman admitted to providing an inmate with marijuana at the United States Penitentiary Hazelton on August 27, 2016.
“The introduction of contraband into our facilities is an issue of critical concern,” said Acting United States Attorney Betsy Jividen, “as it places both staff and population at significant risk of harm. When the contraband is introduced by an officer, who is empowered with a position of trust and authority, the violation is an egregious affront to the rule of law, and to the thousands of correctional workers everywhere who serve at great personal risk and peril for the greater good of all.”
Layman resigned from his position at the USP during the investigation.“Corruption of those who work in our prisons undermines the public’s faith in the criminal justice system,” stated Office of the Inspector General Special Agent-in-Charge Michael P. Tompkins. “The OIG is committed to investigating these cases to help ensure that those who engage in corruption and misconduct are brought to justice.”
Assistant U.S. Attorney Andrew R. Cogar prosecuted the case on behalf of the government. The Department of Justice, Office of the Inspector General investigated.
Senior U.S. District Judge Irene M. Keeley presided.Buffalo Man Sentenced on Heroin 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 Dellsean Hamilton, 28, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute, and distribution of, heroin and fentanyl and being a felon in possession of a firearm, was sentenced to 100 months in prison and six years supervised release by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that between March 2015, and February 29, 2016, the defendant conspired with Brittney Ridgeway and others to sell heroin and fentanyl. During the course of the conspiracy, Hamilton and Ridgeway regularly sold heroin, fentanyl, and butyryl fentanyl in the Buffalo and Cheektowaga areas. On March 25, 2015, Cheektowaga Police conducted a traffic stop of a vehicle occupied by Ridgeway, the defendant and a juvenile and recovered $2,315 in cash. Ridgeway was found with 141 envelopes containing nearly four grams of fentanyl.
On July 15, 2015, the Erie County Sheriff’s Narcotics Unit executed warrants at two residences linked to Hamilton. At 16 Dash Street, deputies seized drug paraphernalia, including wax envelopes commonly used to package heroin. At 75 Edison Street, they seized approximately 2,000 wax envelopes containing approximately 50 grams of heroin, additional envelopes containing more than a gram of a mixture of heroin, fentanyl, and butyryl fentanyl, three firearms, and a digital scale.
Hamilton was arrested on state charges and while on bail, the defendant and Ridgeway continued their narcotics trafficking activities. On December 11, 18 and 23, 2015, Hamilton sold butyryl fentanyl to a confidential source working with the Drug Enforcement Administration and the Cheektowaga Police Department. This resulted in a federal search warrant and arrest warrant. On January 11, 2016, the defendant was arrested and found in possession of a large amount of cash and baggies containing approximately a gram of fentanyl. Inside of Hamilton’s vehicle, which was occupied by Ridgeway, officers seized approximately $5,000 in cash. During a subsequent search of Hamilton’s residence at 1150 East Lovejoy in Buffalo, officers seized a semi-automatic pistol and ammunition.
While incarcerated on the federal charges, Hamilton continued his drug trafficking activities with Ridgeway. Specifically, during a recorded jail call between the two, Hamilton instructed Ridgeway not to consent to the search of a residence again. Ridgeway then continued trafficking heroin as Hamilton had done prior to his incarceration. On February 4 and 11, 2016, Ridgeway sold butryrl fentanyl and fentanyl, respectively, to a confidential source working with DEA and the Cheektowaga Police Department.
Brittney Ridgeway was convicted and sentenced to time served (approximately 16 months) in prison.
Today’s sentencing is the culmination of an investigation by the Cheektowaga Police Department, under the direction of Chief David Zack; the Erie County Sheriff’s Department, under the direction of Sheriff Timothy Howard; and the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division.
Buckeye Lake Man Sentenced to 24 Years for Receiving, Possessing Child Pornography While on Supervised ReleaseRead the Press Release
COLUMBUS, Ohio – Joshua D. Chapman-Sexton, 31, of Buckeye Lake, Ohio, was sentenced in U.S. District Court to 292 months in prison and a lifetime of supervised release for receiving and possessing child pornography while on supervised release.
Chapman-Sexton was convicted of all counts charged following a four-day trial in February. He had been previously convicted of similar federal charges in 2010 and had been released from prison after serving his sentence.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Westerville Police Chief Joe Morbitzer, Buckeye Lake Police Chief Jimmy Hanzey and members of the FBI’s Child Exploitation Task Force announced the sentence handed down Friday by U.S. District Judge Algenon L. Marbley.
According to court documents and testimony, a thumb drive and PlayStation gaming console taken from Chapman-Sexton's home contained more than 700 images of children engaged in sexual activity and evidence of online searches for child pornography and other sites related to sexual activity with children.
Despite the defendant’s claim that he had been set up and the child pornography was planted on the device when it was stolen on February 28, 2016, forensic evidence revealed that the child pornography had been downloaded continuously from July 2014 until February 27, 2016.
Chapman-Sexton was indicted by a federal grand jury of two counts of receipt of child pornography and one count of possession of child pornography in July 2016.
“Only a few months into his term of supervised release for his possession of child pornography conviction, the defendant began searching for child pornography again,” U.S. Attorney Glassman said. “Some of the files that he accessed and saved to a thumb drive were identical to the videos he had possessed on his computer in 2010. Many others depicted prepubescent boys suffering unimaginable sexual abuse. The circumstances of Chapman-Sexton’s offenses clearly demonstrate the need to protect the public through the significant period of imprisonment received today.”
U.S. Attorney Glassman commended the investigation by the FBI’s Child Exploitation Task Force, as well as Assistant United States Attorneys Heather A. Hill and Jessica W. Knight, who represented the United States in this case.
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Bradenton Fentanyl Dealer Sentenced to PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Elizabeth A. Kovachevich has sentenced Jarvis Lanard McCants (29, Bradenton) to 12 years and 6 months in federal prison for conspiring to possess with the intent to distribute fentanyl. He pleaded guilty on May 4, 2017.
According to court documents, law enforcement officers received information on McCants and his drug trafficking activities. They then executed a search warrant at McCants’s residence in Bradenton. Agents approached McCants as he sat in the driver’s seat of a vehicle near his home, identified themselves, and ordered him out of the vehicle. McCants disregarded the commands and drove away at a high rate of speed, eventually striking another vehicle. He then exited the vehicle and fled on foot, but was soon apprehended.
During a search of the residence, agents recovered narcotics, including 22 grams of a brown powdery substance that tested positive for fentanyl and 23 grams of white powder that tested positive for cocaine, along with drug paraphernalia, a loaded firearm, and $8,656 in cash.
This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Manatee County Sheriff’s Office, and the Bradenton Police Department. It was prosecuted by Assistant United States Attorney Shauna S. Hale.