Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
16 August 2017
Federal Grand Jury Returns Indictment Charging Columbia Heights Restaurant Owner in Labor Trafficking CaseRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced a federal indictment in an ongoing investigation charging PISANU SUKHTIPYAROGE, a/k/a “Pat,” 71, owner of a Thai restaurant in Columbia Heights, Minn., with one count of forced labor.[1] SUKHTIPYAROGE is scheduled to make an initial appearance on August 18, 2017, in U.S. District Court in Minneapolis, Minn.
According to the indictment and a law enforcement affidavit, on July 21, 2017, law enforcement received a report from the National Human Trafficking Hotline of a labor and sex trafficking victim. Law enforcement agents made contact with the victim who said he was brought by SUKHTIPYAROGE to the United States from the Dominican Republic with the promise of education opportunities and a better life for the victim and his family. Upon arrival to the United States, the victim reported that the arrangements changed dramatically. SUKHTIPYAROGE did not allow the victim to attend high school classes, he imposed a debt for the victim’s travel expenses, and forced the victim to work in his restaurant as well as engage in sexual acts. The victim lived in a basement storage room of the restaurant and received an hourly wage of approximately $0.78 per hour.
According to the indictment and a law enforcement affidavit, from October 15, 2015 through July 23, 2017, SUKHTIPYAROGE used coercion, physical threats, debt bondage, psychological abuse, intimidation and threats of legal process to maintain control of the victim as a forced laborer and as a victim of continued sexual assaults.
SUKHTIPYAROGE has also been charged in Anoka County with one felony count of third degree criminal sexual conduct and one felony count of labor trafficking.
The District of Minnesota is one of six districts designated through a competitive, nationwide selection process as a Phase II Anti-Trafficking Coordination Team (ACTeam), through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
Homeland Security Investigations and the U.S. Department of Labor Office of the Inspector General are leading the ongoing investigation with assistance from the Anoka County Sheriff’s Office.
Assistant U.S. Attorneys Melinda A. Williams and Laura M. Provinzino are prosecuting the case.
Defendant Information:
PISANU SUKHTIPYAROGE, a/k/a “Pat,” 71
Maplewood, Minn.
Charges:
- Forced labor, 1 count
###
Additional news available on our website.
Follow us on Twitter and Facebook.
United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Federal Grand Jury Charges James Matthew Bradley, Jr., with Transporting Undocumented Aliens for Financial Gain Resulting in DeathRead the Press Release
In San Antonio this afternoon, a federal grand jury indicted 60–year-old James Matthew Bradley, Jr., for his role in a smuggling operation which resulted in the deaths of ten undocumented aliens last month announced United States Attorney Richard L. Durbin, Jr., and U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.
The five-count indictment charges Bradley with one count of conspiracy to transport and harbor undocumented aliens for financial gain resulting in death; one count of transportation of undocumented aliens resulting in death; one count of conspiracy to transport and harbor undocumented aliens for financial gain resulting in serious bodily injury and placing lives in jeopardy; one count of transporting undocumented aliens resulting in serious bodily injury and placing lives in jeopardy; and, one count of possession of a firearm by a convicted felon.
Upon conviction of the conspiracy and transportation-resulting-in-death charges, Bradley faces up to life imprisonment or death. Upon conviction of the conspiracy and transportation-resulting-in-serious-bodily-injury charges, Bradley faces up to 20 years in federal prison. Upon conviction of the felon-in-possession charge, Bradley faces up to ten years in federal prison.
According to court documents, San Antonio Police Department (SAPD) officers responded to a call at the Wal-Mart store located at 8538 Interstate 35 in San Antonio shortly after midnight on Sunday, July 23. An officer encountered a tractor-trailer behind the store, finding a number of people standing and lying in the rear of the trailer, and the driver, Bradley, in the cab. At the scene, law enforcement officers discovered 39 undocumented aliens. According to court records, the undocumented aliens estimated the trailer contained between 70 and 180 to 200 people during transport. They also described differing fees for being transported. Authorities also recovered a .38 caliber pistol from inside the cab of the tractor-trailer. Bradley, who was arrested at the scene, has remained in federal custody.
Of the 39 undocumented aliens discovered, ten are deceased, two remain hospitalized, 22 are in federal custody charged as material witnesses; and, five individuals (four juveniles and one adult) have since been released from the hospital and turned over to Immigration authorities. The four juveniles are currently under the supervision of the Office of Refugee Resettlement (ORR). The adult is pending administrative processing through the U.S. Immigration Court.
The U. S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) is leading this investigation together with ICE Enforcement and Removal Operations (ERO), the San Antonio Police Department and the San Antonio Fire Department, with assistance from the Bexar County Sheriff’s Office and the U. S. Customs and Border Protection’s Border Patrol. Assistant United States Attorneys Christina Playton and Matthew Lathrop are prosecuting this case on behalf of the Government.
It is important to note that an indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Easley Woman Pleads Guilty to $400,000 TheftRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Janna B. Shelby, age 54, of Easley, pled guilty in federal court in Greenville, to wire fraud, a violation of Title 18, United States Code, Section 1343. United States District Judge Bruce H. Hendricks, of Greenville, accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Shelby worked for McLaughlin Manufacturing as an accounts payable specialist in Greenville, South Carolina. Shelby devised a scheme and artifice to defraud whereby she would submit requests for payment to McLaughlin Manufacturing for personal bills that she disguised to appear to be requests for payment from legitimate vendors. Shelby would cause McLaughlin Manufacturing to cut and mail checks to creditors of Shelby. She also misused the company credit card to order expensive items that were shipped to her home. Law enforcement estimates that Shelby stole over $400,000 from her employer.
Ms. Drake stated the maximum penalty Shelby can receive is a fine of $250,000 and/or imprisonment for no more than 20 years, plus a special assessment of $100.
The case was investigated by the Greenville County Sheriff’s Office and the U.S. Postal Inspection Service. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
#####
Cranston Resident Indicted, Detained on Firearms, Drug Trafficking ChargesRead the Press Release
PROVIDENCE – Derek Plomaritis, 26, of Cranston, was ordered detained following his arraignment in U.S. District Court on Tuesday on a 5-count federal indictment charging him with making false statements to licensed firearms dealers and on Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) forms when purchasing a total of four firearms; being in possession of firearms in furtherance of drug trafficking crimes; being in possession of a firearm while being an unlawful user of a controlled substance; and possession with the intent to distribute marijuana.
During the November 2016 acquisition of a 9mm semi-automatic pistol and a 7.62 mm semi-automatic pistol from a federally licensed firearms dealer, and the January 2017 acquisition of a Glock 9mm semi-automatic pistol and a Beretta 9mm semi-automatic pistol from a second licensed firearms dealer, it is alleged that Plomaritis falsely answered a question on ATF forms about unlawful use of marijuana, narcotics or any other controlled substance.
The indictment and arraignment of Plomaritis are announced by Acting United States Attorney Stephen G. Dambruch; Cranston Police Chief Colonel Michael J. Winquist; and Mickey Leadingham, Special Agent in Charge of the Boston Field Division of ATF.
According to information presented to the court, on June 6, 2017, an ATF agent contacted Plomaritis to meet and discuss his purchase of the firearms. Plomaritis agreed to meet at the ATF office to speak with the agent, and said that he was on his way. He failed to appear. Rather, a Cranston Police detective assisting ATF with the investigation observed Plomaritis leaving the area of his residence, speeding and running stop signs in a Mercedes. A short time later, Plomaritis was observed by the same detective on a motorbike, speeding and running stop signs before returning to the driveway of his residence. The detective followed behind and identified himself in the driveway of Plomaritis’ residence. Plomaritis tried to leave on the motorbike, but was blocked by the detective.
The detective allegedly detected an odor of marijuana on and around Plomaritis. It is alleged that the detective discovered marijuana and one of the firearms purchased by Plomaritis inside a backpack carried by Plomaritis. The detective also smelled marijuana coming from the residence and observed from the basement window of the residence, a marijuana grow. A search of Plomaritis’ residence with Plomaritis’ consent allegedly resulted in the seizure of 13 adult marijuana plants, 24 seedlings, and more than 700 grams of marijuana in plastic bags stashed in attic space above a hallway closet. The three other firearms purchased by Plomaritis, along with approximately 11 magazines and a substantial amount of ammunition, were also seized from the residence. One of the two loaded firearms found inside the residence was found on a dining room chair feet away from a child’s high chair.
An indictment 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 Ly T. Chin.
###
Construction Company Sentenced for Clean Air Act Violations in Puerto RicoRead the Press Release
A construction company was sentenced today to a fine of $1.5 million dollars and three years of probation for violating the federal Clean Air Act, announced the Justice Department.
AIREKO Construction Company failed to comply with the asbestos National Emission Standards for Hazardous Air Pollutants during the illegal removal of asbestos containing materials from the Minillas North Tower in May 2012, according to court documents. As part of a plea agreement with the government, AIREKO was also ordered to pay $172,020 to cover a baseline medical examination and follow up medical examination for victims exposed to asbestos fibers in the aftermath of the illegal activity.
“This prosecution reflects the commitment of the Department of Justice to enforce federal clean air laws,” said Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division. “We will continue to hold companies such as AIREKO Construction accountable in order to protect the lives and safety of the public.”
“The Clean Air Act requires that construction companies follow specific protocols designed to safely remove asbestos prior to any renovation or demolition activity, so as not to expose anyone to the risk of deadly respiratory diseases; and AIREKO Construction Company failed to do so by exposing those who worked at Minillas to asbestos materials,” said Rosa Emilia Rodríguez-Vélez, US Attorney for the District of Puerto Rico. “The US Attorney’s Office will continue to work with all victims who were exposed to the asbestos.”
“Asbestos exposure can cause cancer, lung disease and other serious respiratory diseases,” said Special Agent-in-Charge Tyler Amon for the Environmental Protection Agency’s Criminal Investigation Division in New York. “In this case, AIREKO Construction avoided hiring trained and certified asbestos abatement professionals. AIREKO did the work 'on the cheap', willfully putting workers and others at risk. We will not allow businesses to cut corners on environmental protection at the expense of people’s health.”
Over the weekend of Saturday, May 11, 2012, to Sunday, May 13, 2012, a sub-contractor of AIREKO removed asbestos containing material from the ceiling of the 9th floor of Minillas North Tower. The asbestos containing material was removed without following any of the Asbestos Work Practice Standards required by federal regulation. A significant portion of the asbestos containing material was taken from the 9th floor and was placed in the trash area behind the building. Approximately 550 square feet of asbestos-containing stucco ceiling material was removed from the 9th floor. The sub-contractor was hired to do general demolition and on Saturday, May 12, 2012, and Sunday, May 13, 2012, were working within the scope of their employment and at least, in part, for the benefit of Defendant AIREKO.
The asbestos containing material was discovered by AIREKO employees on Monday May 14, 2012, and AIREKO failed to immediately report the release of the asbestos to the National Response Center (NRC) as required by law. The EPA initiated an investigation into the release and received sampling results later that week showing asbestos throughout the building and the agency issued a notice to the Puerto Rico Building Authority that then closed the building. Clean-up of the Minillas North Tower took approximately one year.
Congress has found that medical science has determined that there is no minimal level of exposure to asbestos which is safe for unprotected persons. The government identified approximately 450 persons who were exposed to asbestos fibers between the illegal removal and the order by the Public Building Authority to close the building.
AIREKO Vice President Edgardo Albino previously pleaded guilty to failing to notify immediately the NRC of the release of asbestos. Mr. Albino was sentenced to pay a fine and serve a six month term of probation.
The investigation was conducted by the Environmental Protection Agency Criminal Investigation Division in New York. The cases were prosecuted by Howard P. Stewart, Senior Litigation Counsel Environmental Crimes Section of the Department of Justice and Assistant United States Attorney Carmen M. Marquez.
Columbia Man Pleads Guilty to Smuggling K2 from ChinaRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Columbia, Mo., man pleaded guilty in federal court today to his role in a conspiracy to smuggle chemicals into the United States from the People’s Republic of China, which were used to manufacture synthetic cannabinoids, commonly referred to as K2.
Wesley Adam Upchurch, 30, of Columbia, pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to conspiracy to smuggle goods into the United States.
By pleading guilty today, Upchurch admitted that he and other conspirators purchased various synthetic cannabinoids in powder form from China between March 1, 2011, to March 27, 2014. The packages containing these imported chemicals often bore misleading labeling, including manifests or declarations, regarding the contents, in order to avoid detection by law enforcement officers. These chemicals were combined with other ingredients, such as generic potpourri, then packaged and sold at various retail outlets.
Upchurch admitted that he wire transferred a total of $250,500 to vendors in China as payment for the illegal shipments. Periodically, Upchurch and others ordered new chemicals in an attempt to avoid federal drug scheduling regulations, while still producing synthetic cannabinoids which created a “high” and had similar physiological effects as controlled substances.
Upchurch is among 18 defendants who have pleaded guilty in this case, four of whom have been sentenced.
Co-defendant Kent Allen Holtz, 46, of Kaiser, Mo., pleaded guilty to participating in a conspiracy to commit mail fraud and awaits sentencing. Holtz admitted that he distributed synthetic cannabinoids through Artistic Impressions, Fat Tobes Tattoo and Straight Aces. Holtz distributed approximately 310,500 grams (3.1 kilograms) of synthetic cannabinoids. Holtz charged his customers an average price of $2 per gram. Between April 30, 2010, and Dec. 31, 2012, Holtz deposited proceeds from these sales in the aggregate amount of approximately $534,093.
Holtz and others solicited and filled wholesale orders of Kryp2nite, Jolly Roger, Aces & Eights and other packaged synthetic drugs to Dynamic Scents, owned by co-defendants Alexander Vladimir McMillin, also known as “Shasha,” 33, Matthew Ashby Hawkins, 42, Patrick Ross Hawkins, 35, and Molly Jane (Hawkins) Charmichael, 40, all of Columbia – who have also pleaded guilty to the mail fraud conspiracy and await sentencing. Dynamic Scents then resold those products throughout the state of Missouri and elsewhere, to retailers who sold those products to end users.
Holtz also sold synthetic cannabinoids to numerous businesses, including Bocomo Bay, Inc., Puff-n-Snuff, Smellgoodz, and Mozark Products.
Between Feb. 2, 2010, and May 25, 2012, Holtz caused ThirdEye (and its successor entities, Thirdeye, Inc., and 3RDI, LLC) to mail 86 parcels containing Kryp2nite, a synthetic cannabinoid product. Payments for these Kryp2nite shipments totaled $194,700.
The synthetic drugs manufactured by Holtz were labeled as “incense,” “herbal incense,” “potpourri,” “therapeutic potpourri” and other misleading substances that were “not for human consumption” when, in fact, these products were synthetic drugs intended for consumption in order to obtain a physiological “high.” When sold at retail stores, these products were often located next to products and paraphernalia used for smoking the substances.
Under the terms of today’s plea agreement, Upchurch is subject to a sentence of five years in federal prison without parole. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Supervisory Assistant U.S. Attorney Michael S. Oliver. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, Homeland Security Investigations, the Columbia, Mo., Police Department, the MUSTANG Task Force, the LANEG Drug Task Force, the Cole County, Mo., Sheriff’s Department, the Morgan County, Mo., Sheriff’s Department, the Camden County, Mo., Sheriff’s Department, the Camdenton, Mo., Police Department, the Missouri State Highway Patrol, the Kirksville, Mo., Police Department, the North Missouri Drug Task Force, the Schuyler County, Mo., Sheriff’s Department, the Edina, Mo., Police Department, the Linn County, Mo., Sheriff’s Department and the Brookfield, Mo., Police Department.
Cleveland men indicted for firearms crimesRead the Press Release
Two Cleveland men were indicted on federal firearms charges, said Acting U.S. Attorney David A. Sierleja.
Kwoquan Scott, 28, had a Charter Arms AR-7 .22-caliber rifle on June 23, despite prior convictions for involuntary manslaughter, aggravated robbery, robbery with a firearms specification and multiple convictions for robbery between 2007 and 2014, according to the indictment.
Davonte Carter, 26, had a Smith & Wesson .40-caliber pistol and ammunition on June 28, despite prior convictions for robbery and having a weapon under disability, according to the indictment.
These cases are unrelated. They are being prosecuted by Assistant U.S. Attorney Kelly L. Galvin following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Cleveland Division of Police.
If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Cleveland man charge for having images of sexual exploitation of childrenRead the Press Release
Aa grand jury returned a one-count indictment charging Matthew Taylor Hadlock, 19, of Cleveland, with receiving and distributing visual depictions of minors engaged in sexually explicit conduct and possessing child pornography, said Acting U.S. Attorney David A. Sierleja.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney Brian McDonough following an investigation by Homeland Security Investigations Cleveland.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Cheshire Man Charged with Distributing Heroin to Southington Overdose VictimRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, United States Attorney for the District of Connecticut, and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, announced that THOMAS J. HALLERAN, 36, of Cheshire, was arrested today on a federal criminal complaint charging him with distributing heroin.
HALLERAN appeared before U.S. Magistrate Judge Robert A. Richardson in Hartford and was ordered detained pending a detention hearing that is scheduled for August 23.
As alleged in court documents, on July 25, 2017, Southington Police and emergency medical personnel responded to a residence in Southington where they encountered an unresponsive 31-year-old female on the floor. The female was pronounced deceased. Investigators seized two folds of suspected heroin and/or fentanyl, other drug paraphernalia, and the victim’s cellphone. Analysis of the seized cellphone revealed that HALLERAN supplied heroin/fentanyl to the victim shortly before the victim’s death.
The complaint charges HALLERAN with possession with intent to distribute, and distribution of, heroin, an offense that carries a maximum term of imprisonment of 20 years.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Drug Enforcement Administration’s New Haven Tactical Diversion Squad and Southington 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.
This case is being prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Central Falls Residents Indicted in Alleged Fraud, Stolen ID SchemeRead the Press Release
PROVIDENCE – A federal grand jury in Providence on Tuesday returned a 10-count superseding indictment charging Reynaldo Martinez, 25, of Central Falls, with participating in a conspiracy to use stolen personal identifying information to open or attempt to open retail store credit cards and lines of credits used to purchase tens of thousands of dollars worth of goods and services in Rhode Island and Massachusetts.
Acting United States Attorney Stephen G. Dambruch and Brian Deck, Resident Agent in Charge of the United States Secret Service, announced the indictment, which charges Martinez with four counts of aggravated identity theft, two counts of access fraud, and one count each of bank fraud, conspiracy to commit fraud, attempted access fraud and interstate transportation of stolen goods.
According to court documents, it is alleged that for nearly one year beginning in June 2016, Martinez used stolen identities, fraudulent driver’s licenses and fraudulent ID cards to open or attempt to open retail store credit cards and lines of credit in stores in Rhode Island and Massachusetts to purchase or attempt to purchase among other items electronic goods, iPhones, clothing and furniture, and to pay for approximately $14,000 in auto repairs. According to court documents, it is alleged that the stolen identities and personal information belonged to individuals from at least nine states.
The investigation into this alleged conspiracy is continuing.
Reynaldo Martinez was first charged in this matter by way of a criminal complaint on May 17, 2017. He was arrested on May 24 and ordered detained in federal custody. A federal grand jury returned an indictment in this matter on June 20. The grand jury returned a superseding indictment on Tuesday. Martinez remains detained in federal custody.
An indictment 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 Middletown, Warwick, Richmond and Central Falls, R.I., Police Departments; Rhode Island State Police; Mansfield and Seekonk, Mass, Police Departments; West Hartford and Hamden, Conn., Police Departments; and the Richardson, Texas, Police Department for their assistance in gathering and providing information to the United States Attorney’s Office in Rhode Island and the United States Secret Service New England Electronic Crimes Task Force.
###
Cardiologist Admits Billing Veterans Affairs for Hundreds of Bogus Medical ProceduresRead the Press Release
NEWARK, N.J. – A Somerset, New Jersey, man today admitted defrauding the Veterans Affairs program by billing for services he had not actually performed, Acting U.S. Attorney William E. Fitzpatrick announced.
Apostolos Voudouris, 44, pleaded guilty before U.S. District Judge William H. Walls in Newark federal court to an information charging him with health care fraud. Voudouris also entered into a civil settlement agreement with the government, under which he will pay $476,460 to resolve the government’s claims under the False Claims Act.
According to the documents filed in the case and statements made in court:
Voudouris is a physician specializing in cardiology and electrophysiology. Beginning in 2006, Voudouris provided services to eligible veterans at the Veterans Affairs Medical Center in East Orange, New Jersey, pursuant to his contract with the Department of Veterans Affairs (VA).
Voudouris admitted that on more than 350 occasions between 2011 and 2015, he submitted documentation to the VA claiming to have performed procedures he had not actually performed. By doing so, Apostolos Voudouris fraudulently received $238,230 from the VA.
Voudouris faces a maximum penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is currently scheduled for Dec. 12, 2017. As part of his plea agreement, Voudouris must pay restitution of $238,230 to the VA in addition to the $476,460 civil settlement, for a total of $714,690.
Acting U.S. Attorney Fitzpatrick credited special agents of the Northeast Field Office, U.S. Department of Veterans Affairs, Office of Inspector General, under the direction of Special Agent in Charge Donna L. Neves; the U.S. Department of Health and Human Services – Office of the Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, and the FBI, under the direction of Special Agent in Charge Timothy Gallagher, with the investigation.
The government is represented by Assistant U.S. Attorney Jacob T. Elberg, Chief of the U.S. Attorney’s Health Care and Government Fraud Unit, and by Assistant U.S. Attorney Susan Pappy of the U.S. Attorney’s Health Care and Government Fraud Unit.
The U.S. Attorney’s Office for the District of New Jersey reorganized its health care practice in 2010 and created a stand-alone Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since that time, the office has recovered more than $1.36 billion in health care and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act, and other statutes.
Defense counsel: Kristen Santillo Esq., Newark
Canadian man charged with flying to Atlanta in an attempt to have sex with 13-year-old Marietta girl he met on the InternetRead the Press Release
ATLANTA - Yves Joseph Legault has been arraigned on federal charges of using the internet to entice a child for sexual activity and enticing the 13-year-old to engage in sexually explicit conduct over the internet. Legault traveled to Atlanta from his home in Canada with the alleged expectation of having sex with a minor.
“Legault is accused of communicating with a young girl on the internet for the purpose of engaging in illegal sexual activity with her,” said U. S. Attorney John Horn. “The FBI successfully intercepted Legault after he flew into the United States and before he could carry out his plan. Cases like this one demonstrate the continued importance for parents to engage with their kids about their activities on the Internet including the app’s they are using to chat, and the people with whom they are chatting.”
“The FBI stands ready to aggressively pursue those who would prey on our nation’s children. The FBI’s Violent Crimes Against Children (VCAC) program, which consists of a network of specially trained FBI agents working with various local, state, federal, and even international partners, collectively carries out the important mission of protecting our children from those who would harm them. The investigation, arrest, and resulting federal charges involving Mr. Legault, a Canadian national, is an example of the great partnership and responsiveness of Canadian law enforcement authorities in helping the FBI carry out this mission,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges, and other information presented in court: Beginning in approximately July of this year, Legault met a 13-year-old girl on Omegle, a free online and anonymous text and video chat tool. After moving their communications to another site, the defendant allegedly asked the teen to perform sexual acts on live video-streaming for him. Legault eventually arranged to travel from Canada to Atlanta, Georgia, in order to have sex with the girl.
On August 4, 2017, after crossing from Canada into the United States at the Buffalo-Niagra Falls Port of Entry, Legault’s flight from Buffalo, New York, was cancelled, forcing him to reschedule his trip to Atlanta. On August 11, 2017, Legault was arrested after flying from Toronto, Canada into Atlanta’s Hartsfield Jackson Airport allegedly for the purpose of engaging in sex with the teen. The 13-year-old girl’s mother had alerted agents with the FBI to the relationship after she intercepted a package Legault had sent her daughter from Canada.
Yves Joseph Legault, 53, of Ontario, Canada, was indicted by a federal grand jury on August 15, 2017, and was arraigned before U.S. Magistrate Judge Janet F. King.
Members of the public are reminded that the indictment and criminal complaint only contain charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation. The FBI is extremely grateful for the help of our international partners in bringing this indictment to fruition: the Ontario Provincial Police, York Regional Police, and Canada Border Services Agency.
Assistant U.S. Attorney Skye Davis is prosecuting the case.
This case is being brought as part of Project Safe Childhood. In February 2006, the Attorney General launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices around the country, Project Safe Childhood marshals federal, state and local resources to apprehend and prosecute individuals who exploit children. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is https://www.justice.gov/usao-ndga.
Canadian Man Sentenced in Connection with Trafficking More Than $130,000,000.00 Worth of Cocaine and Other Illegal DrugsRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Harinder Dhaliwal, 47, of Brampton, Ontario, Canada, who was convicted of conspiracy to export from the United States five kilograms or more of cocaine, was sentenced to 240 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Timothy C. Lynch, who handling the case, stated that between 2006 and May 2011, Dhaliwal conspired with others to smuggle cocaine into Canada from the United States and marijuana and ecstasy into the United States from Canada via several international bridges including those in the Buffalo-Niagara region. As part of his plea agreement, Dhaliwal admitted to being part of an international conspiracy that trafficked more than 3,000 kilograms of cocaine, most of it through the Western District of New York, worth an estimated $120,000,000.00.
Through the course of the investigation, United States law enforcement officers recovered a combined 230 kilograms of cocaine. Of that amount, 123 kilograms of cocaine, which represents the largest seizure arising from a single investigation in the District’s history, were obtained through two separate seizures occurring at the Lewiston-Queenston Bridge and in Geneva, NY. The remaining 107 kilograms were seized in California. In addition, law enforcement officers seized approximately 690,000 ecstasy pills during the course of the investigation with an estimated street value of $12,000,000.00.
Also charged in the conspiracy and convicted were Ravinder Arora, Michael Bagri, Parminder Sidhu, Alvin Randhawa, Gursharan Singh, and Huy Hoang Nguyen.
The defendants utilized tractor-trailers that contained false compartments within the floor of tractor-trailers. Dhaliwal and others purchased steel tubing, kick plates and other supplies to fabricate the false compartments in several tractor-trailers. In addition to cocaine, the tractor-trailers were used to transport ecstasy and hundreds of pounds of marijuana into the United States from Canada. Drug ledgers seized during the investigation detailed approximately a dozen smuggling trips, during late 2009 to September 2010, involving approximately 1,617 kilograms of cocaine being transported from the United States, through the Western District of New York, into Canada.
“The rigorous efforts of our law enforcement partners both here in the United States and Canada shut down this dangerous pipeline of drug activity that flowed from California to Buffalo and across the border,” said Acting U.S. Attorney Kennedy. “Those efforts kept literally thousands of kilograms of cocaine and more than half a million ecstasy pills off the streets in both our community and elsewhere.”
“Today’s sentencing is a significant development in a years-long investigation that resulted in significant seizures of narcotics, weapons and arrests in the U.S. and Canada,” said ICE-HSI Special Agent-in-Charge Kevin Kelly. “Transnational investigations like this one help ensure that our shared border with our Canadian partners remains transparent to law enforcement and simultaneously a hindrance to criminal groups.”
Today’s sentencing is the result of an investigation by Special Agents of Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge Kevin Kelly; Officers from the United States Customs and Border Protection, under the direction of Rose Brophy, Director of Field Operations; the Peel Regional Police Department, under the direction of Chief Jennifer Evans; the Canada Border Services Agency, under the direction of Rick Comerford, Regional Director General, Southern Ontario Region; and the Toronto Police, under the direction of Chief William Blair.
Bushland Man Admits to Committing Health Care FraudRead the Press Release
AMARILLO, Texas — Thomas Roy Clark, 52, of Bushland, Texas, pleaded guilty today to one count of health care fraud stemming from a scheme to defraud insurance companies through the submission of improper billing. The announcement was made today by U.S. Attorney John Parker of the Northern District of Texas.
Clark, who remains on bond, faces a maximum statutory penalty of 10 years in federal prison, a $250,000 fine, and may be ordered to pay restitution. Sentencing is scheduled for November 29, 2017, before U.S. District Judge Sidney A. Fitzwater.
According to documents filed in the case, from July 1, 2012 through July 31, 2015, Clark operated Panhandle Chiropractic Clinic (PCC) in Amarillo, Texas, without a license issued by the Texas Board of Chiropractic Examiners. Clark devised a scheme to defraud a health-care benefit program, to obtain money by billing for services properly billable only by a licensed chiropractor, services not rendered and for services rendered in lesser quantities billed.
Clark also billed insurance companies for services under the name of a licensed chiropractor for services allegedly rendered by Clark. Clark would omit his name on PCC’s itemized billing statements, which prevented insurance companies from knowing they were being billed for services provided by a chiropractor without a license. Clark also listed the specific type of procedure or service PCC provided by specifying a Current Procedural Terminology (CPT) code. By using CPT codes, this misrepresented to insurance companies that the procedures being billed were performed by a licensed health care provider in good standing with their state board.
As a result of the scheme Clark fraudulently induced health care providers to issue monetary payments to PCC, resulting in billing and payment for approximately $524,547.89 from 12 insurance companies.
The Federal Bureau of Investigation investigated. Assistant U.S. Attorney Joshua Frausto is prosecuting.
# # #
Bridgeport Man Who Distributed Heroin Involved in Stratford Woman's Overdose Sentenced to PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that RAMON L. KILLINGS, also known as “Blade,” 39, of Bridgeport, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to 30 months of imprisonment, followed by three years of supervised release for distributing heroin involved in a Stratford woman’s overdose late last year.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, in the early morning of December 4, 2016, Stratford Police responding to a 911 call encountered a 33-year-old female who had died from a suspected drug overdose in the bedroom of a residence in Stratford. Responding officers collected wax folds containing suspected heroin, a hypodermic needle and other drug paraphernalia from the bedroom. The investigation revealed that the victim’s boyfriend purchased heroin from KILLINGS the previous evening, and then he and the victim injected the heroin he had purchased.
In December 2016 and January 2017, law enforcement made controlled purchases of heroin from KILLINGS.
On January 18, 2017, KILLINGS was arrested on a federal criminal complaint. At the time of his arrest, he possessed quantities of heroin and crack cocaine.
On May 24, 2017, KILLINGS pleaded guilty to one count of distribution of heroin.
KILLINGS, who is released on bond, was ordered to report to prison on September 8.
This matter was investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area Task Force and the Stratford Police Department. The task force includes personnel from the Norwalk, Stamford, Stratford, Milford and Bridgeport Police Departments, and the Connecticut State Police. The case was prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Atlanta man who engaged in a public shootout sentenced to Federal Prison for unlawfully possessing a firearmRead the Press Release
ATLANTA - Cory Jones, a/k/a Corey Jones has been sentenced to four years, three months in federal prison for being a felon in possession of a firearm. The defendant attempted to rob a citizen and afterward exchanged gunfire with security guards and another citizen at that location.
“As a convicted felon, Jones should never have been in possession of the gun he used to rob and fire at the victim,” said U.S. Attorney John A. Horn. “This defendant jeopardized the lives of so many others and is a perfect example of why the aggressive enforcement of federal firearms laws remains a critical priority for this office and our law enforcement partners.”
“Getting guns out of the hands of violent criminals has been one of my top priorities,” said Atlanta Police Chief Erika Shields. “I’m grateful to U.S. Attorney Horn for his support of our efforts and for prosecuting someone who has very clearly posed a threat to public safety.”
According to U.S. Attorney Horn, the charges and other information presented in court: On March 15, 2016, Jones approached a car in the parking lot of the Blue Ivory Restaurant and Lounge in Atlanta, Georgia. After speaking with the driver through an open passenger window, Jones pulled out a firearm and demanded the driver’s watch. Although the victim handed over his watch, Jones fired his weapon at the victim, but fortunately did not strike the victim. The victim then quickly accelerated out of the parking lot. Jones continued firing at the victim’s car as it pulled away, and the victim stopped, returning fire with his own weapon. A security guard that witnessed the unfolding scene fired at Jones as well.
Jones fled the parking lot on foot with two security guards in pursuit. The security guards caught him as he attempted to hide in bushes on a nearby exit ramp for I-20, with his firearm lying at his feet. Shortly thereafter, Atlanta Police Department (APD) officers took into custody without further incident. The officers checked ’s criminal history, and learned that he was a convicted felon, and thus prohibited from possessing firearms.
Cory Jones, a/k/a Corey Jones, 29, of Atlanta, Georgia, has been sentenced to four years, three months in prison to be followed by three years of supervised release. Jones was convicted on these charges on May 15, 2017, after he pleaded guilty.
This case was investigated by the Atlanta Police Department.
Assistant U.S. Attorneys Bret R. Hobson and Mary Webb prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Ashtabula man indicted for having heroin, methamphetamine and a firearmRead the Press Release
An Ashtabula man was indicted for distributing heroin and methamphetamine and having a firearm, said Acting U.S. Attorney David A. Sierleja.
A federal grand jury returned a four-count indictment charging Michael H. Sheffey, 52, with distribution of narcotics, possession with the intent to distribute narcotics and with being a felon in possession of a firearm and ammunition.
Sheffey distributed methamphetamine and heroin on several occasions in April 2017, according to the indictment.
Sheffey possessed an FEG, Model PA63, 9mm pistol, and ammunition on April 12, despite prior convictions in 1983 and 1984 for robbery and in 1992 for aggravated robbery in the Ashtabula County Court of Common Pleas, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Trumbull-Ashtabula Group and the Ashtabula Police Department. The matter is being prosecuted by Assistant U.S. Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Albuquerque Woman Sentenced for Prescription Drug Trafficking and Money Laundering ConvictionRead the Press Release
ALBUQUERQUE – Yvonne Garcia, 55, of Albuquerque, N.M., was sentenced today in federal court to 46 months in prison followed by three years of supervised release for her conviction on prescription drug trafficking and money laundering charges. Garcia also was ordered to forfeit her interest in the proceeds of her criminal activities, including $71,674.92 seized from bank accounts and a safe deposit box, a 2016 Toyota Camry, a 2016 Toyota Tacoma truck, a 2013 BMW motorcycle, and to pay a money judgment in the amount of $15,500.
Garcia and her husband and co-defendant Gerald Roberts, 49, were arrested in Sept. 2016, on an eight-count indictment charging them with trafficking controlled substances in Bernalillo County, N.M. Garcia and Roberts were charged with conspiring to distribute oxycodone, oxymorphone and alprazolam from May 2016 through Sept. 2016. The indictment also charged the couple with distributing oxycodone on three separate occasions in May, June and July 2016; distributing oxymorphone on four occasions in May, June, July and Sept. 2016; and distributing alprazolam in July 2016.
On March 29, 2017, Garcia and Roberts each pled guilty to the conspiracy charged in the indictment and to felony informations charging them with conspiring to launder drug proceeds. According to the plea agreements, between May 2016 and Sept. 2016, Garcia and Roberts sold oxycodone, oxymorphone and alprazolam to an individual who unbeknownst to them was an undercover DEA agent. Garcia and Roberts deposited the proceeds of their illegal drug transactions into Wells Fargo checking and savings accounts in amounts that would not trigger currency-reporting requirements that could alert law enforcement authorities to their illegal activities. Garcia and Roberts used the drug proceeds in the bank accounts to make payments on their residential mortgage and vehicle loans.
Under the terms of his plea agreement, Roberts will be sentenced to 51 months in prison followed by a term of supervised release to be determined by the court. The plea agreement also requires Roberts to forfeit the proceeds of his criminal conduct to the United States. A sentencing hearing for Roberts has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA, the Albuquerque Police Department and the Santa Fe Police Department. Assistant U.S. Attorneys Shana B. Long and Peter J. Eicker are prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Albany Woman Sentenced for Unlawful Possession of a FirearmRead the Press Release
NEW YORK - Stacey E. Mendoza, 41, of Albany, was sentenced today to serve thirty-seven (37) months in prison following her guilty plea to being a felon in possession of a firearm. The announcement was made by Acting United States Attorney Grant C. Jaquith and Ashan M. Benedict, Special Agent in Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
As part of her guilty plea, Mendoza admitted that on the evening of June 21, 2016, she fired a 12-gauge shotgun from the window of a third-story apartment on Clinton Avenue in Albany, New York, during a dispute with a neighbor. In sentencing Mendoza, Judge D’Agostino told the defendant that she placed the public “in great danger” when she fired the shotgun “on a very inhabited street [at] a time when you would expect people to be mulling around.” Mendoza was also ordered to serve three (3) years of supervised release following her prison sentence.
This case was investigated by ATF and the Albany Police Department, and was prosecuted by Assistant U.S. Attorney Joseph A. Giovannetti.
Akron man indicted for having carfentanil and a firearmRead the Press Release
An Akron man was indicted for having carfentanil and a firearm, said Acting U.S. Attorney David A. Sierleja.
Tedre L. Davis, 26, was indicted on one count each of being a felon in possession of a firearm and possession of carfentanil with the intent to distribute.
Davis was found on May 30 to have nearly two grams of carfentanil as well as a Kel-Tec .22-caliber pistol and ammunition, despite prior convictions for carrying a concealed weapon and drug conveyance onto government property, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case is being prosecuted by Assistant United States Attorney Mark S. Bennett following an investigation by the Akron Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Additional Charges and Defendants Named in Chiropractic Insurance Fraud ConspiraciesRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced additional federal charges in alleged multi-million dollar health care fraud conspiracies. Following the indictments of 12 defendants in December 2016, a federal grand jury added four defendants and additional mail fraud and wire fraud charges in connection with parallel conspiracies that executed schemes to fraudulently bill insurance companies for millions of dollars.
Under the Minnesota No-Fault Automobile Insurance Act, auto insurance policies must include a personal injury protection provision (PIP). The PIP provision carries a minimum coverage amount of $40,000 for expenses resulting from injuries sustained in an automobile accident, $20,000 of which may be used for medical expenses.
According to the charging documents, at various times between at least 2010 and 2016, chiropractors PRESTON E. FORTHUN, ANGELA A. SCHULZ, HUY NGOC NGUYEN, ADAM J. BURKE, and other Doctors of Chiropractic, engaged in schemes with others to defraud automobile insurance companies. The schemes, which were nearly identical fraud schemes largely carried out independent of one another, involved the submission of fraudulent no-fault insurance claims. The chiropractors involved in the scheme would submit claims and receive reimbursements for chiropractic services that either were not medically necessary or were never rendered, but were instead designed to fraudulently maximize reimbursement from the patients’ automobile insurance companies.
According to the charging documents, in order to get more patients to come to chiropractic appointments for treatment they did not need, the chiropractors would make illegal payments to “runners,” who typically made upwards of $1,000 per automobile accident patient, in exchange for bringing the patient into the chiropractor’s office. Runners were often not paid, or paid only in part, until after the patient had attended a minimum threshold number of treatment sessions. In order to keep the patients coming back for medically unnecessary appointments, the runners often paid illegal kickbacks to the patients. In addition to the runners charged in the December 2016 indictments, MIMI DOAN, OKWUCHUKWU JIDEOFOR, QUINCY CHETTUPALLY and MUKHTAR HASSAN have been charged for their roles in the conspiracies.
According to the charging documents, some of the charged chiropractors would conceal the kickback payments in various ways. For example, FORTHUN wrote checks to runners and falsely described those checks on the memo lines as payments for services such as “transportation” or “marketing.” Defendant BURKE encouraged runners to form corporate entities such as LLCs with names that sounded like legitimate businesses to which BURKE made kickback payments. Defendant NGUYEN tried to conceal kickback payments by making checks out to “cash” for several thousand dollars. He often wrote multiple such checks each week, falsely characterizing them as having been for “chiropractic supplies” of “office supplies.”
This case is the result of an investigation conducted by the Minnesota Commerce Fraud Bureau and the FBI. Additional assistance was provided by the Minneapolis Police Department, Saint Paul Police Department, Minnesota State Patrol, and Homeland Security Investigations.
This case is being prosecuted by Assistant U.S. Attorneys David M. Maria and John E. Kokkinen.
Defendant Information:
ANGELA A. SCHULZ, 48
Chaska, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 16 counts
PRESTON E. FORTHUN, 39
Bloomington, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 13 counts
HUY NGOC NGUYEN, 42
Brooklyn Park, Minn.
Charges:
-
Conspiracy to commit mail fraud and wire fraud, 1 count
- Mail fraud, 6 counts
- Wire fraud, 5 counts
ADAM JOHN BURKE, 33
Minneapolis, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 12 counts
QUINCY CHETTUPALLY, 42
Brooklyn Park, Minn.
Charges:
- Conspiracy to commit wire fraud, 1 count
- Wire fraud, 2 counts
MIMI HUU DOAN, 34
Maple Grove, Minn.
Charges:
- Conspiracy to commit mail fraud and wire fraud, 1 count
- Mail fraud, 3 counts
- Wire fraud, 1 count
OKWUCHUKWU EMMANUEL JIDEOFOR, 33
Oakdale, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 1 count
MUKHTAR YUSUF HASSAN, 35
Minneapolis, Minn.
Charges:
-
Conspiracy to commit mail fraud, 1 count
-
Mail fraud, 4 counts
ABDISALAN ABDULAHAB HUSSEIN, 48
Minneapolis, Minn.
Charges:
- Conspiracy to commit mail fraud and wire fraud, 2 counts
- Mail fraud, 6 counts
- Wire fraud, 2 counts
YAHYE MOHAMED HERROW, 45
Minneapolis, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 4 counts
TEMITAYO IFELOJU OLUSHOLDA DANIEL, 36
Minneapolis, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 4 counts
ABDIRAHIN KHALIF IBRAHIM, 26
Saint Paul, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 3 counts
DANA ENOCH KIDD, 36
Elk River, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
-
Mail fraud, 3 counts
CARLOS PATRICIO LUNA, 49
Minneapolis, Minn.
Charges:
- Conspiracy to commit mail fraud and wire fraud, 1 count
- Mail fraud, 1 count
- Wire fraud, 1 count
JEROME TARLVE DOE, 53
Brooklyn Park, Minn.
Charges:
- Conspiracy to commit wire fraud, 1 count
- Wire fraud, 1 count
NAPOLEAN TUTEX DEAH, 33
New Brighton, Minn.
Charges:
- Conspiracy to commit mail fraud, 1 count
- Mail fraud, 1 count
###
Additional news available on our website.
Follow us on Twitter and Facebook.
United States Attorney’s Office, District of Minnesota: (612) 664-5600
The charges contained in the charging documents are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
39ers Gang Member Evans Lewis SentencedRead the Press Release
Acting U.S. Attorney Duane A. Evans announced today that U.S. Judge Jay C. Zainey sentenced EVANS LEWIS, age 26, to three life sentences for gang-related offenses that he committed in association with the 39ers gang.
COUNT
CHARGE
DEFENDANT
SENTENCE
1
Conspiracy to violate the Racketeer Influence and Corrupt Organization Act (RICO)
LEWIS
Life imprisonment
29
Murder in aid of racketeering
(Littlejohn Haynes)
LEWIS
Mandatory life imprisonment
30
Causing death through the use of a firearm (Littlejohn Haynes)
LEWIS
Life imprisonment
LEWIS, who was a gunman and drug distributor for the organization, was convicted following a six-week long jury trial.
Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation New Orleans Gang Task Force, the New Orleans Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant U.S. Attorneys Myles Ranier, David Haller, Brittany Reed, and Jeff Sandman were in charge of the prosecution.
15 August 2017
Worley Man Pleads Guilty to Stealing $64,321 from the Coeur d'Alene CasinoRead the Press Release
COEUR D’ALENE – Colten Nicholas Curley, 20, of Worley, Idaho, pleaded guilty today to theft by an employee of a gaming establishment, announced Acting U.S. Attorney Rafael Gonzalez. Curley was indicted by a federal grand jury in Coeur d’Alene on April 18, 2017.
According to the plea agreement and statements made in court, Curley was an employee of the Coeur d’Alene Casino. Between August 7, 2016, and November 18, 2016, the date Curley’s employment was terminated, Curley stole $64,321 in cash from the casino’s counting room as he processed money. Many thefts were captured on video surveillance.
Sentencing is set for December 8, 2017, before Chief U.S. District B. Lynn Winmill. The charge of theft by an employee of a gaming establishment is punishable by up to 20 years in prison, a maximum fine of $1,000,000, a term of supervised release of not more than three years and a $100 special assessment.
The case was investigated by the Federal Bureau of Investigation and the Coeur d’Alene Tribal Police Department.
Two defendants plead guilty to federal gun crimesRead the Press Release
CHARLESTON, W.Va. – Two defendants pleaded guilty today to federal gun charges, announced United States Attorney Carol Casto. Carlos Lamont Gray, 26, of Detroit, pleaded guilty to being a felon in possession of a firearm. In a separate prosecution, Edward William Blake, Jr., 52, of Belle in Kanawha County, entered his guilty plea to possessing a firearm after being convicted of a misdemeanor crime of domestic violence.
Gray admitted that on February 20, 2017, he and another individual traded a Ruger .223 caliber rifle for a Smith & Wesson .40 caliber handgun at Bridgeport Equipment in Charleston. Gray also admitted that on March 9, 2017, he was pulled over on Nancy Street in Charleston and officers found the loaded Smith & Wesson handgun on his person. Gray was prohibited from possessing any firearm under federal law because of felony convictions in 2012 in Wayne County, Michigan, for receiving or concealing a stolen vehicle and fleeing a police officer.
In a separate prosecution, Blake admitted that on April 18, 2016, officers responded to a domestic violence call at his residence in Belle. The encounter resulted in Blake’s arrest and in his wife being taken to the hospital. When officers returned later that evening with his wife, she informed them that Blake had a gun in the home that he had hidden prior to their arrival earlier in the day. The wife took the officers into the master bedroom and opened a drawer in a small nightstand beside the bed where officers located a Bryco Arms 9mm pistol. Blake was prohibited from possessing any firearm under federal law because of two prior misdemeanor domestic battery convictions in Nicholas County Magistrate Court.
Gray and Blake each face up to 10 years in federal prison when they are sentenced on November 6, 2017.
The investigation of Gray was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Charleston Police Department. Assistant United States Attorney Haley Bunn is in charge of Gray’s prosecution. The plea hearing for Gray was held before United States District Judge Thomas E. Johnston.
The Kanawha County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation of Blake. Assistant United States Attorney Monica D. Coleman is in charge of Blake’s prosecution. United States District Judge Joseph R. Goodwin presided over Blake’s plea hearing.
These cases were brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
- Follow us on Twitter: SDWVNews
Two Pennsylvania men and two West Virginia men indicted on drug distribution chargesRead the Press Release
WHEELING, WEST VIRGINIA – Two Philadelphia-area, Pennsylvania men and two Wheeling, West Virginia man were indicted by a federal grand jury on August 9, 2017 on drug distribution charges, Acting United States Attorney Betsy Steinfeld Jividen announced.
Kevin J. Washington, Jr., age 29, of Glenholden, Pennsylvania was indicted on one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone” and one count of “Distribution of Oxycodone.”
James R. Stewart a/k/a James R. Steward, Jr., age 31, of Philadelphia, Pennsylvania was indicted on one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone,” two counts of “Distribution of Cocaine,” and two counts of “Distribution of Oxycodone.”
Brent T. Leoffler, age 37, and Deion J. Jones, age 26, both of Wheeling, West Virginia, were each indicted on one count of “Conspiracy to Possess with Intent to Distribute and to Distribute Oxycodone” and one count of “Distribution of Oxycodone.”
The crimes are alleged to have taken place from 2012 to August 2017 in Ohio County, West Virginia.
Assistant U.S. Attorney Robert H. McWilliams, Jr., is prosecuting the case on behalf of the government. The Ohio Valley Drug and Violent Crimes Task Force, a HIDTA-funded initiative, is investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Men Arrested and Charged with 2008 MurderRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Ashan M. Benedict, Special Agent-in-Charge of the New York Division of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the arrests of FRANKLYN STERLING and XAVIER DELISER for the 2008 murder of Francisco Unapanta. STERLING was arrested on August 10, 2017, and DELISER was arrested this morning.
On August 10, 2017, a one-count indictment was unsealed charging STERLING and DELISER with committing murder through the use of a firearm during and in relation to a crime of violence. STERLING was presented in federal court in Manhattan before U.S. Magistrate Judge Ronald L. Ellis on August 10 and ordered detained; DELISER will be presented later today in federal court. The case has been assigned to U.S. District Judge Naomi Reice Buchwald, who has scheduled an initial conference for Tuesday, August 29, 2017, at 11:00 a.m.
Acting United States Attorney Joon H. Kim said: “As alleged, Franklyn Sterling and Xavier Deliser shot and killed Francisco Unapanta during a Brooklyn robbery nearly nine years ago, a murder that remained unsolved until now. Together with our law enforcement partners, we will continue to pursue justice for victims like Mr. Unapanta, no matter how cold the case.”
ATF Special Agent-in-Charge Ashan M. Benedict said: “Francisco Unapanta and a co-worker were hard working immigrants who fell victim to a gun point robbery alleged to have been committed by Sterling and Deliser. A struggle ensued during the robbery and Unapanta was fatally shot. Thanks to the outstanding investigative work of the special agents and detectives assigned to the ATF SPARTA Task Force, for whom the passage of time does not lessen the resolve to identify the perpetrators of violent criminal activity, these defendants will now face justice for their alleged crimes.”
NYPD Commissioner James P. O’Neill said: “Our commitment to both preventing and solving crime is relentless. This homicide, nearly a decade old, is further evidence of our commitment. Thanks to the detectives, agents, and prosecutors whose focus led to the arrests and charges.”
As alleged in the Indictment against STERLING and DELISER[1]:
On September 3, 2008, in the vicinity of 358 Montgomery Street in Brooklyn, FRANKLYN STERLING and XAVIER DELISER robbed Francisco Unapanta, and during the course of that robbery, Unapanta was shot and killed.
* * *
STERLING, 34, of Brooklyn, and DELISER, 34, of Brooklyn, each face a maximum sentence of death or life in prison, and a mandatory term of five years in prison.
The statutory maximum and minimum sentences are prescribed by Congress and are provided here for information purposes only, as any sentencings of the defendants would be determined by the respective judges.
Mr. Kim praised the investigative work of the NYPD and the ATF, and in particular the Strategic Patterned Armed Robbery Technical Apprehension (“SPARTA”) Task Force, which is composed of agents and officers of the ATF and the NYPD. Mr. Kim also thanked the Joint Regional Fugitive Task Force for their work in apprehending DELISER.
This matter is being handled by the Office’s Violent and Organized Crime Unit. Assistant United States Attorneys Scott Hartman, David Zhou, and Jason Swergold are in charge of the prosecution.
The charges contained in the Indictment against STERLING and DELISER are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Two Leaders of Bronx Gang “18 Park” Plead Guilty and Admit Participation in Murder and Racketeering OffensesRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that two leaders of the violent Bronx gang known as “18 Park” pled guilty yesterday before the U.S. District Judge Paul A. Engelmayer to firearms offenses in connection with murders and racketeering offenses that they engaged in on behalf of the gang. MARQUIS WRIGHT pled guilty to two counts of possessing and using firearms, including in connection with WRIGHT’s role in the September 28, 2008, murder of Brandon Howard, 18, and the May 29, 2011, murder of Johnny Moore, 16. JONATHAN RODRIGUEZ pled guilty on August 10, 2017, to two counts of possessing and using firearms, including in connection with RODRIGUEZ’s role in the murder of Brandon Howard. RODRIGUEZ and WRIGHT are scheduled to be sentenced before Judge Engelmayer on December 12 and December 14, 2017, respectively.
Manhattan Acting U.S. Attorney Joon Kim said: “For years, the 18 Park gang wreaked havoc in the Mott Haven section of the Bronx, forcing law-abiding neighborhood residents to endure regular gunfire, drug dealing, and violent assaults. 18 Park’s pattern of violence culminated in the murders of Brandon Howard and Johnny Moore, two young men whose families were devastated by their loss. We want to thank our law enforcement partners, who have relentlessly pursued justice for Brandon Howard and Johnny Moore, and who have brought 18 Park’s reign of terror to an end.”
According to the allegations in court documents, including the Information and a previously filed criminal complaint, and statements made during court proceedings:
From 2006 to 2016, the 18 Park gang operated primarily in and around the Patterson Houses, a New York City public housing development in the Mott Haven area of the Bronx. Members of 18 Park sold crack cocaine and marijuana on a near-daily basis, turning the area in and around the Patterson Houses into an open-air drug market. 18 Park members used firearms and violence to assert the gang’s control over the area. Both WRIGHT and RODRIGUEZ served as leaders of 18 Park, and were integral to the success of its drug trade.
On September 28, 2008, RODRIGUEZ confronted 18-year-old Brandon Howard in the hallway immediately outside a house party at 315 East 143rd Street, and shot him to death. WRIGHT accompanied RODRIGUEZ to the party and aided and abetted his commission of the murder.
On May 29, 2011, Marquis WRIGHT drove another 18 Park member, Wali Burgos, to the vicinity of 2625 Third Avenue so that Burgos could shoot and kill a member of a rival gang. Burgos did not shoot a rival gang member, but instead fired his gun into a crowd and killed 16-year-old Johnny Moore. After the shooting, WRIGHT drove Burgos away from the scene of the crime. Burgos previously pled guilty to racketeering conspiracy and admitted to his role in the murder of Johnny Moore. On January 13, 2017, Burgos was sentenced to 262 months in prison.
WRIGHT, 29, faces a mandatory minimum sentence of 35 years, and RODRIGUEZ, 28, faces a mandatory minimum sentence of 30 years. With the guilty pleas of WRIGHT and RODRIGUEZ, 25 members of 18 Park have now been convicted by this Office of racketeering, firearms, and narcotics offenses.
Mr. Kim thanked the ATF, the DEA, and the NYPD for their work in this three-year investigation.
The case is being prosecuted by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Max Nicholas, Jordan Estes, and Samson Enzer are in charge of the prosecution.
Two Largo Ministers, Both Convicted Felons, Indicted for Illegal Reentry into the United StatesRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces the return of indictments charging Anner Javier Maldonado-Reyes (39, Largo) and Maria Guadalupe Maldonado (38, Largo) with illegal reentry into the United States. If convicted, each faces a maximum penalty of 20 years in federal prison.
According to the indictments, Anner Maldonado-Reyes, who has operated under several aliases over the years, including “Jose Martinez-Reyes,” “Juan Martinez,” and “Pedro Vargas-Monteramos,” has previously been removed from the United States on at least two occasions: in February 1999 and in February 2008. His February 1999 removal came after a conviction in Los Angeles County, California for possession of cocaine base for sale.
Maria Guadalupe Maldonado, who also has had several aliases over the years, including “Stephanie Sanchez,” was removed from the United States in October 1996 following a conviction in Los Angeles County, California for transportation/sale of a controlled substance.
These individuals do not have legal status in the United States and have not received permission from the Attorney General or the Secretary of Homeland Security to reapply for admission. Government records indicate that Anner and Maria Maldonado are the founders of, and employed as ministers in, the church Ministerio Internacional Jesucristo Es Mi Refugio located at 1550 Belcher Road South in Largo.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement, Enforcement and Removal Operations, with assistance from U.S. Citizenship and Immigration Services. It will be prosecuted by Assistant United States Attorney Frank Murray.
Turley Minister Sentenced to 57 Months of Imprisonment for Using A Computer to View Child PornographyRead the Press Release
Chief United States District Court Judge Gregory K. Frizzell sentenced Ronald Eugene Robinson, 62, of Tulsa, to 57 months of imprisonment for Accessing with Intent to View Child Pornography, announced Loretta F. Radford, Acting United States Attorney for the Northern District of Oklahoma. Chief Judge Frizzell also sentenced Robinson to 10 years of supervised release following his release from prison.
On November 10, 2015, agents with the United States Department of Homeland Security Investigations (HSI) in Phoenix, Arizona, conducted an undercover operation in an internet chatroom. While in the chatroom, HSI agents observed Robinson, a minister in Turley, Oklahoma, and other individuals watching child pornography that was being streamed. Robinson used a computer to access the chatroom. Some of the children in the videos were under the age of 12.
HSI agents observed Robinson making comments in the chatroom about raping a child and responding to a comment about killing a child after sexual abuse. HSI agents also went through Robinson’s chat logs and discovered that he had engaged in conversations with other individuals about raping, torturing, and abusing of children.
This case was investigated by HSI, the Tulsa County Sheriff’s Office, and the Tulsa Police Department. The case was prosecuted by Assistant United States Attorney Neal C. Hong.
Tulsa Man Sentenced to 10 Years in Federal Prison for the Enticement of a 13-Year-Old GirlRead the Press Release
FORT WORTH, Texas —Elias Omar Santamaria, 39, of Tulsa, Oklahoma, was sentenced yesterday by U.S. District Judge Reed C. O’Connor to serve a total of 120 months in federal prison and will be deported following his release from prison, announced U.S. Attorney John Parker of the Northern District of Texas.
Santamaria pleaded guilty in April 2017 to one count of enticement of a minor and has been in custody since his arrest in February 2017.
According to the factual resume filed in the case, on March 11, 2016, Santamaria sent a message to a Fort Worth Police Officer acting in an undercover capacity and posing as a 13-year-old girl stating “add me sweetie. I love young girls.” Santamaria continued to have conversations with the officer and on March 17, 2016 Santamaria stated, among other things, that he wanted to engage in sexual intercourse with whom he believed to be a 13-year-old girl. They agreed to meet that same day in Fort Worth, Texas, to engage in sexual intercourse. When Santamaria arrived at the agreed location the Fort Worth Police Department took him into custody. During a search of his vehicle, officers found condoms, a bottle of tequila, and a pair of Nike Air Jordan tennis shoes, which Santamaria had promised to bring.
These cases were brought as part of Project Safe Childhood, a nationwide initiative launched in 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 Fort worth Police Department conducted the investigation. Assistant U.S. Attorney Megan Fahey prosecuted the case.
# # #
Three Men Plead Guilty in Connection with Online Sales of Stolen Gillette Razor BladesRead the Press Release
BOSTON – Three Boston-area residents, including a former Gillette employee, pleaded guilty in federal court in Boston in connection with the online sales of stolen Gillette razor blades.
Joseph Evangelista, 63, of Lowell, pleaded guilty to one count of causing the interstate transportation of stolen property. Robert A. Liberatore, 52, of Wakefield, and Mark S. Girardin, 44, of Randolph, each pleaded guilty to two counts of filing false tax returns. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for all three defendants for Nov. 6, 2017.
Evangelista, a former employee of Gillette, stole razor blades from the Gillette manufacturing plant in South Boston and delivered the stolen goods to Liberatore and Girardin, who operated an online business called Cambridge Dedicated Services, through which they sold various items on eBay, including Gillette razor blades. Liberatore and Girardin failed to report income generated through Cambridge Dedicated Services on their annual federal tax returns.
The charge of causing the interstate transportation of stolen property provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Evangelista has also agreed to pay Gillette $56,023 in restitution.
The charge of filing false tax returns provides for a sentence of no greater than three years in prison, one year of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. In addition, Girardin and Liberatore will each be required to pay the IRS more than $100,000 in taxes that they owe plus penalties and interest. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorneys Sandra S. Bower and Christine Wichers of Weinreb’s Criminal Division are prosecuting the case.
Texas Man Handed Significant Sentence for Trafficking MethRead the Press Release
BROWNSVILLE, Texas – A 31-year-old Houston man has been ordered to federal prison for possession with intent to distribute more than 15 kilograms of methamphetamine, announced Acting U.S. Attorney Abe Martinez. Clifton Teran pleaded guilty Oct. 11, 2016.
Today, U.S. District Judge Andrew S. Hanen ordered Teran to serve 300 months in federal prison. He also received a 12-month-term for committing the offense while on supervised release in a previous federal case which will be served conurrently. The 25-year-term of imprisonment will be followed by another five years of supervised release. Teran’s sentence included upward adjustment or increases in his calculated sentencing guideline range because he was found to be a leader within the conspiracy and also because the methamphetamine was imported from Mexico into the United States.
Teran, Javier Jose Garza and Ilsse Lizeth Pena were part of a drug trafficking organization that imported methamphetamine and cocaine from Mexico through the Brownsville ports of entry. The narcotics were concealed within vehicle batteries or in sealed candy bags. Based out of Matamoros, Mexico, the drug trafficking organization would then have the narcotics transported to Houston for distribution to others.
On Dec. 14, 2015, Garza drove a vehicle to the Gateway International Bridge in Brownsville. Upon inspection, authorities discovered 15.66 kilograms of methamphetamine concealed within the vehicle. Teran and Pena made entry into the United States in a separate vehicle approximately three minutes after Garza attempted entry with the narcotics. They were apprehended as they attempted to return to Houston the following day at the Sarita Border Patrol checkpoint.
Pena, 25, of Houston, and Garza, 36, of Dayton, also pleaded guilty and were sentenced to 66 and 120 months, respectively.
All three have been and will remain in custody.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Angel Castro is prosecuting the case.
Stephenville Man Sentenced to 40 Years in Federal Prison for Enticing a Minor Female to Engage in Sexual ActivityRead the Press Release
FORT WORTH, Texas — A Stephenville, Texas, resident, Kristopher Ray Facio, 26, was sentenced this morning by U.S. District Judge Reed C. O’Connor to 480 months in federal prison, following his guilty plea in April 2017 to an information charging one count of attempted coercion and enticement, announced U.S. Attorney John Parker of the Northern District of Texas.
Facio has been in federal custody since his arrest in February 2017.
“Those who think it’s okay to fish the internet for children to victimize with their despicable sexual behavior should be given a very long time to re-think that practice,” said U.S. Attorney Parker. “These heinous crimes are deserving of significant sentences.”
According to documents filed in the case, from November 27, 2016 until December 4, 2016, Facio used the social media application, Instagram, on his cell phone to identify and communicate with a minor female who lived in Arkansas. During their chats, the minor told Facio she was under the age of eighteen. Facio continued to engage in sexually explicit communications. During their communications, Facio asked for sexually explicit images of the minor.
The case 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 Erath County Sheriff’s Office investigated the case. Assistant U.S. Attorney A. Saleem was in charge of the prosecution.
# # #
Statement from Acting U.S. Attorney William Weinreb Regarding Verdict in U.S. v. Fidler et al.Read the Press Release
We are disappointed in today’s verdict. The government believed, and continues to believe, that the conduct in this case crossed the line and constituted a violation of federal law. The defendants’ conduct was an affront to all of the hard-working and law-abiding members of organized labor. We will continue to aggressively prosecute extortion in all its forms to ensure that Boston remains a safe and welcoming place to do business. I would like to thank the Federal Bureau of Investigation and the Department of Labor’s Office of Inspector General for their work investigating this case.
St. Louis Woman Pleads Guilty to Tax EvasionRead the Press Release
Gwendolyn Hampton, 38, of St. Louis pleaded guilty to tax evasion. She appeared in federal court in St. Louis this morning before Judge Ronnie L. White who accepted her plea and set her sentencing for November 15th.
According to her plea agreement, Hampton ran her daycare business, Hampton Academy, which had nearly $2.4 million dollars in revenue between 2009 and 2013 with a single bank account. Pulling more than $1.3 million dollars from the account in cash and cashier’s checks during that time, Hampton admitted to evading between $100,000 and $250,000 in federal income taxes.
At sentencing, Hampton faces up to five years’ imprisonment and a fine of up to $100,000. Additionally, restitution, interest and penalties will be ordered in favor of the United States.
The case was investigated by the St. Louis office of the IRS Criminal Investigation Service.
###
St. Louis Woman Indicted on Fraud ChargesRead the Press Release
St. Louis, MO – Carol J. Dotson was arrested yesterday on an Indictment charging her with wire fraud as part of an embezzlement scheme from her former employer.
According to the Indictment, from July 2003 to February 2017, Doston embezzled more than $2 million dollars from a commercial real estate property management company in Olivette, Missouri where she was the office administrator. Dotson wrote multiple checks to herself, withdrew large sums of cash to spend on elder care for her mother, mortgage payments, home renovations, home cleaning services, law services and shopping at local stores.
Dotson, 70, of St. Louis, Missouri, was indicted by a federal grand jury on August 9th on one felony count of wire fraud. If convicted, Dotson faces up to 20 years imprisonment, a fine of $250,000 or both. Restitution to the victim is also mandatory. In determining the actual sentences, a Judge is required to consider the U.S. Sentencing Guidelines, which provide recommended sentencing ranges.
This case was investigated by the Federal Bureau of Investigation with assistance from the Olivette Police Department. Assistant United States Attorney Dianna Collins is handling the case for the U.S. Attorney's Office.
As is always the case, charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
Springfield Man Pleads Guilty to Illegal Possession of a FirearmRead the Press Release
BOSTON – A Springfield man pleaded guilty yesterday in federal court in Springfield to federal firearm offenses.
Martin Fernandez, 24, pleaded guilty to one count of possession of a firearm by a convicted felon and one count of possession of an unregistered firearm. U.S. District Court Judge Mark G. Mastroianni scheduled sentencing for Nov. 14, 2017.
On Jan. 8, 2014, federal, state, and local law enforcement authorities in Springfield found Fernandez in possession of a sawed-off 16-gauge shotgun.
The charge of being a felon in possession of a firearm provides for a sentence of no greater than 10 years in prison, a minimum of one year but no greater than three years of supervised release, and a fine of up to $150,000. The charge of possession of an unregistered firearm provides for a sentence of no greater than 10 years in prison, a minimum of one year but no greater than three years of supervised release, and a fine of up to $10,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division; Hampden County District Attorney Anthony Gulluni; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Springfield Police Commissioner John Barbieri; and Holyoke Police Chief James Neiswanger made the announcement today. Assistant U.S. Attorney Neil L. Desroches of Weinreb’s Springfield Branch Office is prosecuting the case.
Saugerties Man Sentenced for Aggravated Identity Theft and Passport FraudRead the Press Release
ALBANY, NEW YORK – John Staccio, 68, of Saugerties, New York, was sentenced today to serve 25 months in prison to be followed by a one-year term of supervised release, a $500 fine and a $200 special assessment in connection with his convictions for aggravated identity theft and passport fraud, announced Acting United States Attorney Grant. C. Jaquith and Wendy Bashnan, Special Agent-In-Charge, New York Field Office of the U.S. Department of State’s Diplomatic Security Service.
As part of his October 12, 2016 guilty plea, Staccio admitted that in 1990 and in 2011, he applied for and received a United States passport using the name, date of birth, and social security number of another person, without his knowledge or consent. Staccio used the passport and resided abroad for approximately 25 years until being apprehended in 2016.
This case was investigated by the U.S. Department of State’s Diplomatic Security Service and was prosecuted by Assistant United States Attorney Solomon Shinerock and Special Assistant United States Attorney Jason White.
Rockford Man Arrested on Child Pornography ChargesRead the Press Release
ROCKFORD — A Rockford man was arrested today on charges of child pornography.
GREGORY GREENE, 57, was indicted by a federal grand jury in Rockford on Aug. 8, 2017, on two counts of transporting child pornography via the internet in 2016, and one count of possessing a computer and thumb drive in 2016 containing child pornography, including an image of a minor under 12 years of age.
Each count of transporting child pornography carries a mandatory minimum sentence of five years in prison and a maximum of 20 years in prison. Possessing child pornography carries a maximum of ten years in prison and up to 20 years in prison for an offense involving a minor under 12 years of age. Each count carries a $250,000 maximum fine. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The arrest was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and James M. Gibbons, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Chicago. The U.S. Postal Inspection Service in Chicago assisted in the investigation.
The government is represented by Assistant U.S. Attorney Margaret J. Schneider.
North Carolina Resident Pleads Guilty to Tax and Bankruptcy FraudRead the Press Release
A Greensboro, North Carolina, resident pleaded guilty to corruptly endeavoring to obstruct and impede the Internal Revenue Service (IRS), filing a fraudulent tax return and bankruptcy fraud, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina.
According to documents and information provided to the court, during 2008 and 2009, Hassie Demond Nowlin, aka Demond Nowlin and Brilliant Knowlin, 44, filed several fraudulent tax returns with the IRS that included fake income and withholding taxes and sought more than $750,000 in fraudulent refunds. Nowlin also filed documents with the Guilford County Register of Deeds purporting to renounce his United States citizenship and proclaiming to be a sovereign citizen. Between 2008 and 2010, the IRS assessed taxes, penalties and interest against Nowlin related to the fraudulent returns. After being notified of the assessments, Nowlin began concealing his assets and placing them in the names of nominee entities.
Nowlin also admitted that between 2011 and 2017, he earned hundreds of thousands of dollars operating a tax preparation business. Nowlin filed hundreds of tax returns for clients that claimed phony business and education expenses, sought refunds to which the clients were not entitled and did not identify him as the paid preparer. Nowlin caused the fees to be deposited into nominee bank accounts that he controlled. Nowlin also admitted that he made false statements to IRS agents, including that he did not prepare tax returns for clients.
In addition to the tax-related charges, Nowlin also admitted to attempting to cheat his creditors by filing fraudulent personal bankruptcy petitions. Along with these petitions, Nowlin also submitted false financial statements on which he did not fully disclose his income and assets.
Nowlin is scheduled to be sentenced on Nov. 16, 2017 before U.S. District Court Judge Catherine C. Eagles. He faces a statutory maximum sentence of three years in prison for impeding the IRS and filing a fraudulent return and five years in prison for bankruptcy fraud. In addition, Nowlin faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Stuart M. Goldberg and Acting U.S. Attorney Hairston commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Robert J. Boudreau of the Tax Division and Assistant U.S. Attorney Anand P. Ramaswamy of the Middle District of North Carolina, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
North Carolina Resident Pleads Guilty to Tax and Bankruptcy FraudRead the Press Release
WASHINGTON – A Greensboro, North Carolina, resident pleaded guilty to corruptly endeavoring to obstruct and impede the Internal Revenue Service (IRS), filing a fraudulent tax return and bankruptcy fraud, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Sandra J. Hairston for the Middle District of North Carolina.
According to documents and information provided to the court, during 2008 and 2009, Hassie Demond Nowlin, aka Demond Nowlin and Brilliant Knowlin, 44, filed several fraudulent tax returns with the IRS that included fake income and withholding taxes and sought more than $750,000 in fraudulent refunds. Nowlin also filed documents with the Guilford County Register of Deeds purporting to renounce his United States citizenship and proclaiming to be a sovereign citizen. Between 2008 and 2010, the IRS assessed taxes, penalties and interest against Nowlin related to the fraudulent returns. After being notified of the assessments, Nowlin began concealing his assets and placing them in the names of nominee entities.
Nowlin also admitted that between 2011 and 2017, he earned hundreds of thousands of dollars operating a tax preparation business. Nowlin filed hundreds of tax returns for clients that claimed phony business and education expenses, sought refunds to which the clients were not entitled and did not identify him as the paid preparer. Nowlin caused the fees to be deposited into nominee bank accounts that he controlled. Nowlin also admitted that he made false statements to IRS agents, including that he did not prepare tax returns for clients.
In addition to the tax-related charges, Nowlin also admitted to attempting to cheat his creditors by filing fraudulent personal bankruptcy petitions. Along with these petitions, Nowlin also submitted false financial statements on which he did not fully disclose his income and assets.
Nowlin is scheduled to be sentenced on Nov. 16, 2017 before U.S. District Court Judge Catherine C. Eagles. He faces a statutory maximum sentence of three years in prison for impeding the IRS and filing a fraudulent return and five years in prison for bankruptcy fraud. In addition, Nowlin faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Stuart M. Goldberg and Acting U.S. Attorney Hairston commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney Robert J. Boudreau of the Tax Division and Assistant U.S. Attorney Anand P. Ramaswamy of the Middle District of North Carolina, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
# # #
Non-Indian Man from Santa Fe Sentenced for Trespassing and Damaging Property on Pojoaque Pueblo LandRead the Press Release
ALBUQUERQUE – Derek I. Hunt, 28, of Santa Fe, N.M., was sentenced yesterday afternoon in federal court in Albuquerque, N.M., to a one-year term of probation for his conviction on misdemeanor charges of criminal trespass and criminal damage to property.
Hunt was charged in a criminal complaint on Feb. 8, 2017, with misdemeanor criminal trespass and criminal damage to property. The complaint alleged that in Aug. 2016, the Pojoaque Pueblo Governor banished Hunt, a non-Indian, from entering Pojoaque Pueblo lands. According to the complaint, Hunt reentered Pojoaque Pueblo on two occasions between Aug. 2016 and Jan. 2017, in violation of the Pueblo’s banishment resolution, and damaged a vehicle belonging to a Pojoaque Pueblo woman on Jan. 12, 2017.
On May 3, 2017, Hunt pled guilty to a misdemeanor information charging him with criminal trespass and criminal damage to property. In entering the guilty plea, Hunt admitted that although the Pueblo of Pojoaque had served him with an Order of Exclusion in Aug. 2016, he reentered the Pueblo on Jan. 5, 2017 and several times prior to Jan. 5, 2017. Hunt further admitted that on Jan. 5, 2017, he used a rock to damage the windshield of a vehicle on the Pojoaque Pueblo.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Pojoaque Pueblo Tribal Police Department, and was prosecuted by Assistant U.S. Attorney Elisa Dimas.
Ninth Circuit Affirms All Convictions in DBSI CaseRead the Press Release
BOISE - By Memorandum Disposition today, a three-judge panel of the Ninth Circuit Court of Appeals unanimously affirmed all of the criminal convictions of Douglas L. Swenson, Mark A. Ellison, David D. Swenson, and Jeremy S. Swenson, former executives of Diversified Business Services and Investments, Inc. (“DBSI”) of Meridian, Idaho. The Ninth Circuit explained that it was affirming all four men’s “convictions and sentences in virtually all respects,” but was vacating and remanding the $32,158,501 order of restitution for a $3,408,413 reduction as to defendants Mark A. Ellison, David D. Swenson, and Jeremy S. Swenson.
After a forty-five-day trial before Chief Judge B. Lynn Winmill in 2014, a jury convicted all four defendants of all forty-four counts of securities fraud, and defendant Douglas L. Swenson of an additional thirty-four counts of wire fraud. The jury found that the defendants had operated DBSI as a fraud on its securities investors, and that its CEO and founder, defendant Douglas L. Swenson, had affirmatively lied to or misled investors.
In the summer of 2014, the district court sentenced defendant Douglas L. Swenson to 240 months in prison and to pay $180,632,025 in restitution; defendant Mark A. Ellison to 60 months in prison and to pay $32,158,501; defendant David D. Swenson to 36 months in prison and to pay $32,158,501; and defendant Jeremy S. Swenson to 36 months in prison and to pay $32,158,501. Each of the defendants appealed their convictions to the Ninth Circuit Court of Appeals. Douglas Swenson, David Swenson, and Jeremy Swenson also appealed their sentences. The Ninth Circuit permitted the defendants to remain released from prison pending the resolution of their appeals.
In affirming all of the convictions against all of the defendants, the Ninth Circuit stated that “there was a plethora of evidence from which a rational juror could have found that each Appellant was guilty of the crimes for which he was convicted.” In affirming defendant Douglas L. Swenson’s 240-month sentence, the Ninth Circuit stated that the sentence was “substantively reasonable,” citing the district court’s thorough consideration of the “seriousness of the offenses, Douglas’s personal characteristics, his role in the offenses, and the staggering losses to the victims.”
After the government conceded calculation error on the restitution amount, the Ninth Circuit vacated the district court’s $32,158,501 order of restitution as to defendants Mark A. Ellison, David D. Swenson, and Jeremy S. Swenson. The Ninth Circuit remanded the matter to the district court with instructions that the restitution amount be reduced by $3,408,413.
The defendants may seek panel rehearing or rehearing en banc of the three-judge panel’s decision before the Ninth Circuit Court of Appeals, and may petition for a writ of certiorari before the United States Supreme Court.
Morristown Resident Sentenced to 188 Months on Methamphetamine Conspiracy ChargeRead the Press Release
GREENEVILLE, Tenn. – On August 15, 2017, Andrew Harville, 29, of Morristown, Tennessee, was sentenced by the Honorable R. Leon Jordan, Senior U.S. District Court Judge, to serve 188 months in federal prison for his role in a conspiracy to distribute methamphetamine in east Tennessee.
According to Harville’s plea agreement on file with the U.S. District Court, he admitted to being responsible for the distribution of at least 500 grams but less than 1.5 kilograms of actual methamphetamine.
Law enforcement agencies participating in the investigation included the Federal Bureau of Investigation, Hamblen County Sheriff’s Office, Morristown Police Department and Third and Fourth District Judicial Drug Task Forces. Assistant U.S. Attorney Wayne Taylor represented the United States.
This case was a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
###
Miami Resident Sentenced to Prison for Defrauding Victims in IRS Impersonator ScamRead the Press Release
A Miami resident was sentenced to 40 months in prison, to be followed by three years of supervised release for his role in defrauding victims in an Internal Revenue Service (IRS) impersonator scam.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Timothy Camus, Deputy Inspector General for Investigations, Treasury Inspector General for Tax Administration (TIGTA), Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
Anandkumar Jayantila Nayee, previously pled guilty to one count of conspiracy to commit wire fraud, in violation of Title 18, United States Code, Section 1349, and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
According to court documents, from January 2014 through early 2017, defendant Nayee conspired with others to defraud victims. Nayee’s co-conspirators contacted victims by telephone and made fraudulent representations to them, including that the victims owed income tax payments to the IRS, or owed fees for grants or loans that they had purportedly received. Nayee’s co-conspirators instructed the victims to deposit payments related to the taxes or fees that they purportedly owed onto debit cards and into bank accounts controlled by Nayee and his co-conspirators. Nayee and his co-conspirators then received and retained the victims’ payments.
From January 2014 through February 28, 2014, a co-conspirator purchased Green Dot prepaid debit cards and provided the full debit card numbers to Nayee, who resided in India at the time. Nayee then caused the prepaid debit cards to be registered in the names of real people, and notified his co-conspirator once the cards had been funded by victims of the telephone fraud scheme. The co-conspirator then used the prepaid debit cards to purchase money orders, and deposited the money orders into bank accounts specified by Nayee.
Nayee moved to the Southern District of Florida from India in 2015. He and his co-conspirators picked up funds that that had been sent via money transfer by victims of the telephone fraud scheme, and deposited those funds into accounts controlled by Nayee and his co-conspirators. Nayee was held responsible for at least $150,000 in victim losses during the telephone fraud scheme.
Mr. Greenberg commended the investigative efforts of TIGTA, ICE-HSI, and IRS-CI. This case was prosecuted by Assistant U.S. Attorney Daya Nathan.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican national pleads guilty to illegally reentering the United StatesRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Mexican citizen pleaded guilty Monday to reentering the United States illegally after being arrested for trying to obtain a Louisiana Identification Card in Morgan City.
Ruben Angle Verdugo-Barajas, 35, of Mexico, pleaded guilty before U.S. Magistrate Judge Carol Whitehurst to one count of illegal reentry of a removed alien. The plea will become final when accepted by U.S. District Judge Elizabeth E. Foote. According to the guilty plea, the defendant was arrested on April 24, 2017 after attempting to obtain a Louisiana Identification Card at the Morgan City Department of Motor Vehicles. Verdugo-Barajas presented the driver’s license, Social Security card and birth certificate of a Puerto Rican resident and claimed they were his. After questioning, he admitted his true identity. He was previously deported at Nogales, Ariz., on December 10, 2000.
Verdugo-Barajas faces two years in prison, one year of supervised release and a $250,000 fine. The court set a December 8, 2017 sentencing date.
Homeland Security Investigations and the Louisiana State Police conducted the investigation. Assistant U.S. Attorney David J. Ayo is prosecuting the case.
Mexican National Sentenced to Prison for Role in Doña Ana County Cocaine Trafficking RingRead the Press Release
ALBUQUERQUE – Rene Cruz-Vargas, 41, a Mexican national, was sentenced today in federal court in Las Cruces, N.M., to 27 months in prison for participating in a conspiracy to distribute cocaine in Doña Ana County, N.M. Cruz-Vargas will be deported after completing his prison sentence.
Cruz-Vargas was arrested in Sept. 2016, on an indictment alleging cocaine trafficking charges. The 18-count indictment was the result of a six-month investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, targeting a drug trafficking organization allegedly led by Joel Ibarra-Torres, 47, a Mexican national, that distributed cocaine in Doña Ana County.
The indictment charged Ibarra-Torres and seven co-conspirators, including several members of Ibarra-Torres’ family, with participating in a cocaine trafficking conspiracy that existed from at least March 2016 until Sept. 2016. The indictment also charged that Ibarra-Torres and two of his co-defendants participated in an international money laundering conspiracy. It also charged certain of the defendants with substantive cocaine trafficking offenses and with using telephones to facilitate their drug trafficking activities. The indictment included forfeiture provisions that seek the forfeiture of at least $31,620, constituting proceeds of the defendants’ criminal activities, to the United States.
On June 22, 2017, Cruz-Vargas pled guilty to Count 1 of the indictment charging him with participating in a cocaine trafficking conspiracy. In entering the guilty plea, Cruz-Vargas admitted that on July 14, 2016, he traveled from in El Paso, Texas, to deliver five ¼ kilogram packages of cocaine to co-defendant Juan Velazquez, 26, in Las Cruces. Cruz-Vargas also admitted delivering six ¼ kilogram packages of cocaine to Velazquez on Aug. 25, 2016.
Seven of Cruz-Vargas’ codefendants have entered guilty pleas and three have been sentenced. Velasquez pled guilty on Dec. 22, 2016, Noemi Ibarra, 24, of Las Cruces, pled guilty on April 24, 2017, and Alejandro Chavez, 28, also of Las Cruces pled guilty on July 24, 2017, all three are pending sentencing hearings. Joel Ibarra, Jr., 22, of Sunland Park, N.M., pled guilty on Dec. 20, 2016, and was sentenced on April 26, 2017. Denise Duarte, 25, also of Sunland Park, pled guilty on Dec. 23, 2016, and was sentenced on May 1, 2017. Gabriela Castro, 25, a Mexican national pled guilty on Dec. 19, 2016, and was sentenced on April 24, 2017.
Ibarra-Torres has yet to be arrested and is considered a fugitive. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The investigation leading to the indictment was conducted by the Las Cruces office of the DEA, the U.S. Border Patrol and the FBI. The case is being prosecuted by Assistant U.S. Attorneys Terri J. Abernathy and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch office.
Mexican Man Arrested in Saratoga Springs, NY Sentenced for Illegal Re-entry into the United StatesRead the Press Release
ALBANY, NEW YORK – Pedro Bautista Hernandez, 28, of Mexico, was sentenced today to time served (33 days in jail), for illegally re-entering the United States.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), acting Field Office Director Thomas P. Brophy, Buffalo, New York Field Office.
As part of his guilty plea, Bautista Hernandez admitted that he was an alien, a citizen of Mexico, and that he illegally returned to the United States after he was removed to Mexico on April 11, 2016. Bautista Hernandez also admitted that he had previously been removed to Mexico on December 8, 2015 and December 15, 2015.
On July 13, 2017, Bautista Hernandez was encountered and arrested by ICE officers in Saratoga Springs, New York.
Following the sentencing, Bautista Hernandez was remanded to the custody of the Department of Homeland Security, which will place him into removal proceedings.
These cases were investigated by United States Immigration and Customs Enforcement, Albany, NY, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Meridian Man Sentenced to Federal Prison for Dealing Firearms at Treasure Valley Gun ShowsRead the Press Release
BOISE — Steven W. Clyne, 70, of Meridian, Idaho, was sentenced yesterday to 27 months in federal prison for dealing firearms without a license and making false statements when purchasing firearms, Acting United States Attorney Rafael Gonzalez announced. Clyne was convicted by a federal jury at trial in March of this year.
Federal law establishes a system designed to prevent guns from falling into the hands of felons and others who cannot legally possess firearms. When a person is engaged in the business of dealing firearms, meaning essentially that the person’s principal objective of selling firearms is for livelihood and profit, then they must obtain a federal firearms license. They also may not sell firearms without first requiring the purchaser to show photo identification, certify that he is the actual buyer, complete a form certifying that he is not prohibited from possessing firearms, and then complete a background check to ensure he is not prohibited.
Clyne violated federal law by engaging in the business of dealing firearms without a license to do so, and without following requirements such as conducting background checks. Ultimately, some firearms that Clyne sold ended up at crime scenes and in the hands of dangerous criminals in Idaho, California, and other locations.
According to evidence presented at trial, Clyne purchased hundreds of firearms from licensed firearm dealers and then resold those same firearms to others for an increased price at area gun shows from January 2013 until November 12, 2015. Each time Clyne purchased the firearms from local gun stores, he completed paperwork certifying that he was the actual buyer of the firearms. Each form also specifically notified Clyne that “the repetitive purchase of firearms for the purpose of resale for livelihood and profit without a Federal firearms license is a violation of Federal law.” The federal jury that found Clyne guilty concluded that he willfully committed the crime knowing that his conduct was unlawful.
After learning that guns purchased by Clyne were found at numerous crimes scenes, agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) began to investigate Clyne. During the investigation, undercover agents purchased numerous firearms from Clyne at Treasure Valley gun shows. On one occasion, an agent telephoned Clyne and asked to purchase two handguns. Clyne agreed to sell the handguns and told the agent he would purchase the handguns later that same day. When Clyne purchased the handguns from the licensed firearm dealer, he falsely stated that he was the actual buyer of the handguns knowing that he was actually acquiring the handguns on behalf of another person.
On November 12, 2015, ATF agents searched Clyne’s residence pursuant to a federal search warrant. Agents found approximately 30 firearms and other items showing Clyne was selling firearms for livelihood and profit. Clyne admitted to agents that he purchased firearms, increased the prices, and then resold the firearms.
At sentencing, the government presented evidence that at least 10 firearms sold by Clyne were later recovered at crimes scenes or in the hands of dangerous criminals. Police in Modesto, California, found one of the guns at the scene of a murder. The man in possession of the gun was murdered during a botched drug deal. Another gun initially purchased and then resold by Clyne was found in Los Angeles, California, in the possession of a registered sex offender. Police recovered the gun along with child pornography and components used to make a destructive device. Police recovered at least three other firearms linked to Clyne in California and another was found in Phoenix, Arizona. Other firearms purchased by Clyne were recovered in Idaho including two found in Nampa and another near Twin Falls. Those firearms were recovered from convicted felons who were also trafficking methamphetamine.
During sentencing, Chief U.S. District Judge B. Lynn Winmill found that the number of firearms involved in the offense was in excess of 200 and was probably closer to 400. Judge Winmill also concluded that Clyne had not accepted responsibility. In fashioning his sentence, Judge Winmill took into account Clyne’s age of 70 years old and his accompanying health conditions. Clyne will self-surrender to the Bureau of Prisons when notified to do so.
“In his pursuit of money, Steven Clyne willfully disregarded federal law knowing that certain people would pay a premium for not having to complete paperwork and a background check,” said Gonzalez. “This case is an unfortunate example of what happens when someone violates those federal firearms laws.”
“The illicit trafficking in Firearms remains ATF's highest national priority. Mr. Clyne's willingness to operate outside the law, directly put his fellow Americans at risk,” said Seattle Field Division Special Agent in Charge Darek Pleasants.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Members of Columbus, Ohio Clique of MS-13 Arrested and ChargedRead the Press Release
Thirteen individuals alleged to be members and associates of MS-13 were arrested in Central Ohio and Indiana this morning. Attorney General Jeff Sessions, U.S. Attorney Benjamin C. Glassman of the Southern District of Ohio, Special Agent in Charge Angela L. Byers of the FBI, Detroit Field Office Director Rebecca Adducci of U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations, Sheriff Dallas Baldwin of Franklin County and Chief Kim Jacobs of Columbus Police announced the indictment that was unsealed following the arrests today.
Federal charges were filed against a total of 15 alleged MS-13 members. Ten were charged by a federal grand jury with conspiracy to commit extortion, conspiracy to commit money laundering and use of a firearm during a crime of violence in an indictment returned on July 27. Five others were charged in criminal complaints with reentering the U.S. after deportation. Two of the 15 remain fugitives.
“With more than 10,000 members across 40 states, MS-13 is one of the most dangerous criminal organizations in the United States today," said Attorney General Sessions. "MS-13 members have killed children and pregnant women, extorted immigrant-owned businesses, and trafficked underage girls to sell them for sex. President Trump has ordered the Department of Justice to reduce crime and take down transnational criminal organizations, and we will be relentless in our pursuit of these objectives. Today's charges are our next step toward making this country safer by taking MS-13 off of our streets for good.”
MS-13, formally La Mara Salvatrucha, is a multi-national criminal organization composed primarily of immigrants or descendants of immigrants from El Salvador, Guatemala and Honduras. The organization’s leadership is based in El Salvador, where many of the gang’s high-ranking members are imprisoned.
In 2012, the U.S. government designated MS-13 as a “transnational criminal organization.” It is the first and only street gang to receive that designation. MS-13 has become one of the largest and most violent criminal organizations in the U.S., with more than 10,000 members and associates operating in at least 40 states, including Ohio. In Ohio and elsewhere in the U.S., MS-13 is organized into “cliques,” which are smaller groups of MS-13 members and associates acting under the larger mantle of the organization and operating in a specific region, city or part of a city.
The indictment alleges that 10 defendants – members and associates of the Columbus clique of MS-13 – conspired to commit extortion through the use of threatened or actual force, violence or fear to intimidate their victims into paying money to the defendants and their co-conspirators. Many of the proceeds were sent, usually by wire transfer and often through intermediaries, to MS-13 members and associates in El Salvador and elsewhere. The money was then used to promote and facilitate the criminal activities of MS-13 in El Salvador and the U.S.
As part of the alleged conspiracy, the defendants and their co-conspirators unlawfully obtained extortion proceeds to be used to, among other things, buy items that MS-13 uses to engage in criminal activity, such as cellular phones, narcotics and weapons; provide financial support and information to MS-13 members, including those incarcerated in El Salvador and the U.S., as well as those who have been deported; and aid families of deceased MS-13 members.
The 10 defendants charged in the indictment are:
Name
Also Known As
Age
City
Jose Martin Neftali Aguilar-Rivera
Momia, Pelon
32
Columbus, Ohio/ Indianapolis, Ind.
Pedro Alfonso Osorio-Flores
Smokey
38
Columbus, Ohio
Juan Jose Jiminez-Montufar
Chele Trece
33
Columbus, Ohio
Isaias Alvarado
Cabo
44
Columbus, Ohio
Cruz Alberto-Arbarngas
Cruzito
30
Columbus, Ohio
*Jose Manuel Romero-Parada
Russo
22
Fugitive – Indianapolis, Ind.
Jose Salinas-Enriquez
Martillo
32
Dayton, Ohio
Jorge Cazares
Veneno
37
Columbus, Ohio
Jose Ramiro Aparicio-Olivares
Flaco
42
Columbus, Ohio
*Nelson Alexander Flores
Mula
46
Fugitive – whereabouts unknown
Conspiracy to commit extortion and conspiracy to commit money laundering are each crimes punishable by up to 20 years in prison. Brandishing a firearm in relation to a crime of violence carries a sentence of at least seven years in prison, consecutive to any other sentence imposed in the case.
The five defendants charged with immigration offenses in criminal complaints are:
Name
Also Known As
Age
City
Antonio Galdamez-Figueroa
Pinochio
29
Columbus, Ohio
Juan Pablo Flores-Castro
Duende
29
Columbus, Ohio
Jorge Alberto Landaverde
Grenas
33
Columbus, Ohio
Juan Jose Alvarenga-Alberto
Sailen
27
Columbus, Ohio
Marvin Otero-Serrano
Vaca
31
Columbus, Ohio
Illegally re-entering the U.S. after having been previously deported is a crime punishable by up to two years in prison.
Attorney General Sessions and U.S. Attorney Glassman commended the investigation of this case by the FBI, ICE, Columbus, Police and Franklin County Sheriff’s Office, and the assistance of the Ohio Bureau of Criminal Investigation and Homeland Security Investigations, as well as Assistant U.S. Attorneys Brian J. Martinez and Jessica H. Kim, who are prosecuting the case.
An indictment or criminal complaint merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
If you are a victim of the alleged crimes, or have additional information about MS-13, please call the FBI hotline at 614-849-1765. Callers can remain anonymous.