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14 August 2017
U.S. Postal Worker Sentenced in case of Accepting Bribe to Deliver MarijuanaRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Shelby County woman to a probationary sentence of 2 years for accepting a bribe to deliver marijuana in the U.S. Mail as part of a conspiracy to distribute the drug, announced U.S. Attorney Jay E. Town and Inspector in Charge Adrian Gonzalez, Houston Division, and U.S. Postal Inspection Service.
U.S. District Court Judge R. David Proctor sentenced DEANN MARCHETT DIXON STEVENSON, 43, of Birmingham, AL, to a 2-year probationary sentence today.
Stevenson was a mail carrier at the Meadowbrook Post Office in Birmingham, Alabama. She pleaded guilty to conspiracy to distribute marijuana in Jefferson and Shelby counties between January 2016 and September 2016. Court documents do not name her co-conspirators, but the investigation involved the receipt of U.S. currency in exchange for delivering packages to other co-conspirators. Stevenson was also sentenced in a separate count for her conduct of accepting a bribe to deliver U.S. mail.
The U.S. Postal Inspection Service, Alabama Law Enforcement Agency, and U.S. Office of Inspector General investigated the case, which Assistant U.S. Attorney Brad Felton is prosecuting.
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Topeka Man Sentenced for Lying to Investigators After Deadly StandoffRead the Press Release
TOPEKA, KAN. - A Topeka man was sentenced Monday to 42 months in federal prison for lying to investigators in a 2016 interview following a stand-off between federal law enforcement officers and fugitive Orlando J. Collins, U.S. Attorney Tom Beall said today.
Quentin Kirk Lawton, 37, pleaded guilty in May to one count of making a false statement. In his plea, he admitted that on April 23, 2016, he visited Collins in a room at the Country Club Motel at 3732 S.W. Topeka Boulevard. Lawton left the motel shortly before a standoff between Collins and federal agents. When the FBI questioned Lawton about Collins’ whereabouts, Lawton denied he had been to the motel and seen Collins. In fact, Lawton was captured on video surveillance entering and leaving Collins’ room shortly before members of a federal task force attempted to arrest Collins.
When members of a task force tried to take Collins into custody he shot two U.S. Marshals and an FBI agent. A fire ignited from inside Collins’ room during the gunfight and spread throughout the motel. After the fire, Collins’ body was found in the motel room.
Beall commended the U.S. Marshals Service, the Federal Bureau of Investigation, the Topeka Police Department, the Shawnee County Sheriff’s Office, and Assistant U.S. Attorney Jared Maag for their work on the case.
Three South Charleston meth dealers plead guilty to federal drug crimesRead the Press Release
CHARLESTON, W.Va. – Three methamphetamine dealers from South Charleston pleaded guilty today to federal drug charges, announced United States Attorney Carol Casto. Carl “Yogi” Clark, 40, Jamie Harmon, 38, and Holly Doub, 34, each entered guilty pleas to distribution of methamphetamine.
Clark and Harmon admitted that in January 2017, along with other individuals, they brought approximately four kilograms of crystal methamphetamine from Atlanta to Charleston. On January 12, 2017, officers with the Metropolitan Drug Enforcement Network Team executed a search warrant at a hotel room and found over 130 grams of methamphetamine, scales, baggies, and a gun. The methamphetamine was part of the approximately four kilograms Clark, Harmon, and others brought back from Atlanta, and it was lab-tested and confirmed to be over 90% pure. Harmon and Clark also admitted to distributing additional methamphetamine to confidential informants during controlled buys in March 2017. Doub admitted that she helped Clark during one of those buys on March 13, 2017, by handing the confidential informant a gram of methamphetamine. Previously, Christopher Carte entered a guilty plea to conspiracy to distribute methamphetamine for his role in the same drug trafficking organization. As part of their plea agreements, the defendants also admitted to the other drug trafficking activity charged in the indictment.
Carte, Harmon, Clark, and Doub each face up to 20 years in federal prison when they are sentenced on November 8, 2017.
The investigation was conducted by the Metropolitan Drug Enforcement Network Team, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Haley Bunn is responsible for the prosecutions. United States District Judge Joseph R. Goodwin is presiding over these cases.
These cases are being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Texas Cocaine Supplier Sentenced to 10 YearsRead the Press Release
Jacksonville, Florida – U.S. District Judge Marcia Morales Howard today sentenced George Pena (42, Edinburg, TX) to 10 years in federal prison for possessing with the intent to distribute more than five kilograms of cocaine. He pleaded guilty on May 24, 2017.
According to court documents, in October 2016, following a month-long investigation, special agents from the Drug Enforcement Administration executed a search warrant at a home where Pena was located and recovered 12.5 kilograms of cocaine, over $17,000, and a loaded firearm.
This case was investigated by the Drug Enforcement Administration. It was prosecuted by Assistant United States Attorney Frank Talbot.
Tampa Man Caught in Undercover Sting Pleads Guilty to Firearms ChargeRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that Michael O. Johnson (28, Tampa) has pleaded guilty to possessing a firearm as a convicted felon. He faces up to life in federal prison.
According to the plea agreement, Johnson sold six firearms to undercover agents over several months, including a Russian model SKS, 7.62x39-caliber rifle. He sold the guns even after being told that they would be trafficked and resold illegally in other markets in the United States, including New York.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Frank Murray.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. Acting United States Attorney W. Stephen Muldrow, along with Daryl McCrary, Special Agent in Charge, ATF, are coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline Strategy on reducing violent crime in communities.
Six West Texas Residents Charged with Methamphetamine and Firearm OffensesRead the Press Release
ABILENE, Texas — Following a joint law enforcement operation involving the Federal Bureau of Investigation, the Taylor County Sheriff’s Office, the U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives, the United States Marshals Service, and the Anson, Texas Police Department, six individuals are now in custody on federal drug distribution charges and more arrests are anticipated, announced U.S. Attorney John Parker of the Northern District of Texas.
Five federal indictments, unsealed last week, charge a total of five individuals with distribution and possession with intent to distribute methamphetamine. The following individuals were charged:
Jamaal Rozell Dunson, 32, of Abilene
Joe Nathan Spafford, 28, of Abilene
Michael James Huettl, 47, of Abilene
Delores Denise Rodriguez, 25, of Abilene
Driessan Scott Russell, 28, of Abilene
Trysten Keun Napper, 33, of Abilene was arrested on a complaint charging him with being a convicted felon in possession of ammunition.
Several defendants made their initial appearance last week in federal court in Abilene before U.S. Magistrate Judge E. Scott Frost. All remain in custody. Several detention hearings will be held later this week.
According to the indictments filed, in March 2017 through June 2017, the defendants intentionally and knowingly distributed and possessed with intent to distribute methamphetamine. Throughout the investigation, substantial amounts of methamphetamine, cash, and firearms were seized from the drug traffickers.
A federal indictment is an accusation by a federal grand jury, and a defendant is entitled to the presumption of innocence unless proven guilty. However, if convicted, the methamphetamine distribution counts carry a mandatory minimum penalty of five years and a maximum statutory penalty of 40 years. The firearm count carries a maximum statutory penalty of 10 years in federal prison, and a $250,000 fine
Assistant United States Attorney Juanita Fielden is in charge of the prosecution.
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Shelby County Resident Sentenced for Receipt of Child PornographyRead the Press Release
COUNCIL BLUFFS, IA - On August 11, 2017, Colton James Klein, 22, from Harlan, Iowa, was sentenced heather Jean Reekrby United States District Court Judge Stephanie M. Rose to 120 months in prison followed by ten years of supervised release for receipt of child pornography, announced United States Attorney Kevin E. VanderSchel.
Klein pleaded guilty to receipt of child pornography on March 16, 2017, based on information developed by a multi-jurisdiction law enforcement investigation beginning in August of 2015. The investigation showed that Klein was using several Facebook accounts, along with other social media sites, to obtain sexually explicit images of minor females. After obtaining the images, Klein distributed some of the images to others linked to his social media networks.
The Iowa Division of Criminal Investigation, Red Oak Iowa Police Department, La Vista Nebraska Police Department, Olathe Kansas Police Department, Internet Crimes Against Children Task Force, and Federal Bureau of Investigation conducted the investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at [email protected].
Seattle Woman Indicted for Distributing Controlled SubstancesRead the Press Release
PITTSBURGH - A resident of Seattle, Washington, has been indicted by a federal grand jury in Pittsburgh on charges of distribution of quantities of 4-ANPP and furanyl fentanyl, Acting United States Attorney Soo C. Song announced today.
The five-count indictment, returned on August 1 and unsealed today, named Christina M. Arias, aka Wasabisauced, 33, as the sole defendant.
According to the indictment, on or about April 5, 2017, Arias distributed a quantity of 4-ANPP. The indictment also states that, on or about April 24, 2017, on or about May 15, 2017, on or about June 7, 2017, and on or about June 15, 2017, she distributed quantities of furanyl fentanyl.
The law provides for a maximum total sentence of up to 100 years in prison, a fine up to $5,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Shardul S. Desai is prosecuting this case on behalf of the government. Substantial assistance was provided by the United States Attorney’s Offices in the Western District of Washington.
The United States Postal Inspection Service, Bellevue Police Department in Washington State, Federal Bureau of Investigation, and Homeland Security Investigations conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Salina Man Sentenced to 20 Years for Producing Child PornographyRead the Press Release
WICHITA, KAN. – A Salina man has been sentenced to 20 years in federal prison for producing child pornography, U.S. Attorney Tom Beall said today.
Michael N. Rodenbeek, 54, Salina, Kan., was sentenced Aug. 11. He pleaded guilty to two counts of producing child pornography. In his plea, he admitted using an iPhone camera to surreptitiously record videos focusing on the genitals of a 10-year-old victim and a 9-year-old victim. The recordings were made without the victims’ knowledge.
Beall commended the Wichita Police Department, Homeland Security Investigations, the Internet Crimes Against Children Task Force and Assistant U.S. Attorney Jason Hart for their work on the case.
Saco Woman Sentenced to Probation for Mail TheftRead the Press Release
Portland, Maine: Acting United States Attorney Richard W. Murphy announced that Norma Duhamel, 71, of Saco, Maine, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to two years of probation for theft of mail. She was also ordered to pay $1,230 in restitution. Duhamel pleaded guilty on June 2, 2017.
According to court documents, between August and October of 2016, Duhamel stole mail containing bank checks and a credit card from mailboxes of residents of Cumberland, Maine. She cashed about $1,125 worth of stolen checks and charged about $105 on the credit card.
In pronouncing sentence, Judge Torresen warned Duhamel that if she repeated her behavior and violated the terms of her probation, the Judge guaranteed her a jail sentence.
The case was investigated by the U.S. Postal Inspection Service
Postal Employee Pleads Guilty to Stealing from MailRead 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 Percy Jackson, 29, of Buffalo, NY, pleaded guilty to theft of mail by a postal employee before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Maura K. O’Donnell, who is handling the case, stated that in the spring of 2017, while working as a mail processing clerk at the United States Postal Service Buffalo Processing & Distribution Center, the defendant rifled through mail he was entrusted to sort. Jackson opened envelopes intended to be delivered via U.S. mail, and removed gift cards and cash totaling $460.
The plea is the culmination of an investigation on the part of the United States Postal Service, Office of the Inspector General, under the direction of Special Agent-in-Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA.
Sentencing is scheduled for November 27, 2017, at 9:30 a.m. before Judge Vilardo.
Police Officer Charged with Drug TraffickingRead the Press Release
McALLEN, Texas – A 43-year-old sergeant with the Progresso Police Department has been taken into custody on charges of aiding and abetting the attempt to possess with intent to distribute more than five kilograms of cocaine, announced Acting U.S. Attorney Abe Martinez.
Authorities arrested Giovani Hernandez upon the filing of a sealed criminal complaint on Saturday, Aug. 12, 2017. He made his initial appearance before U.S. Magistrate Judge Dorina Ramos this morning and is set for a probable cause and detention hearing on Aug. 18, 2017.
Hernandez, of Weslaco, is a sergeant with the Progreso Police Department, according to the charges. From March through July 2017, a confidential source allegedly met with Hernandez seeking assistance for a drug trafficking organization. The criminal complaint alleges the meetings culminated in Hernandez agreeing to provide protection for a vehicle he believed contained a controlled substance through the Progreso area. In return for his assistance, Hernandez allegedly received approximately $5,000.
Immigration and Customs Enforcement’s Homeland Security Investigations, Drug Enforcement Administration and IRS - Criminal Investigations conducted the Organized Crime Drug Enforcement Task Force Investigation which was dubbed Operation Blue Shame. Assistant U.S. Attorneys Anibal J. Alaniz and Kristen Rees are prosecuting the case.
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless and until convicted through due process of law.
Owner of “Fast Cash Tax” Pleads Guilty to Conspiring to Defraud the IRSRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jason Jimenez, 39, of Rochester, NY, pleaded guilty to conspiring to defraud the Internal Revenue Service, before U.S. District Judge Elizabeth A. Wolford. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Jimenez owned an income tax return preparation business known as Fast Cash Tax. Between January 2012 and February 2015, the defendant conspired with other employees of Fast Cash Tax to prepare false tax returns on behalf of numerous clients. The returns were falsified to increase the amount of the Earned Income Tax Credit claimed, which yielded larger refunds for the clients than they were entitled to receive. In total, the conspiracy netted approximately $105,000 in fraudulently obtained refunds.
The plea is the result of an investigation by Special Agents with the Internal Revenue Service, under the direction of Special Agent-in-Charge James D. Robnett.
Sentencing is scheduled for December 4, 2017, at 2:00 p.m., before Judge Wolford.
Owner of “Fast Cash Tax,” Former Employees Sentenced for Conspiring to Defraud the IRSRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Jason Jimenez, 39, of Rochester, NY, who was convicted of conspiring to defraud the Internal Revenue Service, was sentenced to 12 months in prison by U.S. District Court Judge Elizabeth A. Wolford. In addition, co-defendants Jessica Rosario and Ashley Walker, who were also convicted of conspiracy, were each sentenced to three years probation.
Assistant U.S. Attorneys Melissa Marangola and John J. Field, who handled the case, stated that Jimenez owned an income tax return preparation business known as Fast Cash Tax. Between January 2012 and February 2015, the defendant conspired with other employees, including Jessica Rosario and Ashley Walker, of Fast Cash Tax to prepare false tax returns on behalf of numerous clients. The returns were falsified to increase the amount of the Earned Income Tax Credit claimed, which yielded larger refunds for the clients than they were entitled to receive. In total, the conspiracy netted approximately $105,000 in fraudulently obtained refunds.
The sentencings are the result of an investigation by Special Agents with the Internal Revenue Service, under the direction of Special Agent-in-Charge James D. Robnett.
Orlando Man Sentenced to 40 Years for Production and Possession of Child PornographyRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Jorge Guerrero-Torres (29, Orlando) to 40 years in federal prison for production and possession of child pornography. The Court also ordered him to forfeit the cellphone that he had used to commit the offense. A federal jury found Guerrero-Torres guilty on May 16, 2017.
According to testimony and evidence presented during trial, Guerrero-Torres resided with a family in Fort Myers, including four children who Guerrero-Torres had known for several years. While living with the family, Guerrero-Torres used his cellphone to take sexually explicit photos of one of the children.
After moving out of the family’s residence in May 2016, Guerrero-Torres was questioned regarding a complaint of alleged inappropriate conduct related to one of the children. After learning that detectives from the Lee County Sheriff’s Office wished to further question him, Guerrero-Torres fled and discarded his cellphone. He was apprehended in Okeechobee while attempting to make arrangements to flee to Mexico. Guerrero-Torres’s cellphone was located in Orlando and a subsequent search revealed the sexually explicit images of the child. Guerrero-Torres acknowledged that he had taken the images while living with the child’s family.
This case was investigated by the Lee County Sheriff’s Office, the Florida Department of Law Enforcement, the Federal Bureau of Investigation, the United States Marshals, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Okeechobee Police Department, and the Okeechobee County Sheriff’s Office. It was prosecuted by Chief Assistant United States Attorney Jesus M. Casas and Assistant United States Attorney Charles Schmitz.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Operation Hardest Hit Targets Portsmouth Heroin TraffickersRead the Press Release
NORFOLK, Va. – Eleven people were arrested across three states this morning for their role in a large-scale heroin and fentanyl drug trafficking organization in Portsmouth.
Over 300 law enforcement agents made the arrests and executed 10 search warrants in Virginia, Georgia, and New York. The takedown is the result of a multi-year, multi-jurisdictional, and multi-agency Organized Crime Drug Enforcement Task Force (OCDETF) investigation designated Operation Hardest Hit.
According to the indictment, law enforcement began investigating Leroy Perdue and his drug trafficking organization (Perdue DTO) in early 2016 following the heroin overdose death of a young resident of Chesapeake. With the participation of nearly two dozen Confidential Human Sources, law enforcement infiltrated the Perdue DTO and made 10 undercover controlled purchases of heroin and fentanyl. On June 22, the investigative team arrested Rhadu Schoolfield in Norfolk with 800 grams of heroin after he returned from a trip to New York.
“Tackling the opioid epidemic is one of our top priorities,” said Dana J. Boente, U.S. Attorney for the Eastern District of Virginia. “Through the combined efforts of our prosecutors and law enforcement partners we will continue to strangle the supply of heroin and fentanyl and bring to justice those who profit from other people’s misery.”
According to the indictment, the Perdue DTO distributed in excess of 100 kilograms of heroin (approximately 250,000 doses) over a 10-year period. Members of the Perdue DTO were responsible for supplying a violent gang based in Portsmouth and continued to sell dangerous narcotics even after learning that their drugs resulted in death. The United States is alleging that at least two members of the Perdue DTO have ties to criminal street gangs and that other members possessed firearms and ammunition. Ten of the 12 federal defendants are convicted felons.
“My top priority as attorney general is keeping Virginians and their families safe, which is why my team and I are relentlessly pursuing the heroin and fentanyl traffickers who profit off addiction and endanger the lives of Virginians,” said Mark R. Herring, Attorney General of Virginia. “Operation Hardest Hit is another important step in addressing what’s become one of Virginia’s most urgent public safety and public health threats. This operation, along with the work of the Hampton Roads Heroin Working Group, shows what can happen when local, state, and federal partners are committed to working cooperatively and collaboratively. The results speak for themselves and I hope communities around the country will look to this region as an example of what can be accomplished when we come together as a community.”
“This case demonstrates the steadfast commitment of the FBI and our law enforcement partners to protecting the public from destructive enterprises that eat at the heart and soul of our community,” said Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Division. “Operation Hardest Hit is an example of a coordinated, intelligence-driven strategy to choke the supply of these dangerous drugs by targeting the high level traffickers and criminal organizations most responsible for terrorizing our neighborhoods and poisoning our community.”
“This team effort helped take down a massive heroin and fentanyl drug trafficking organization that spanned across multiple states,” said Michael K. Lamonea, Assistant Special Agent in Charge of HSI Norfolk. “Today, I’m proud to say that our law enforcement actions saved lives. We’ll continue to be relentless in our pursuit of those who seek to exploit and harm our citizens with lethal drugs in communities across the country.”
The below individuals were among a dozen named in a 25-count indictment by returned by a federal grand jury on August 9:
Name
Age
Hometown
Charges
Leroy L. Perdue,
aka Dink, Big Heat, Big Cuz
45
Portsmouth
Conspiracy, Possession with intent to distribute heroin, Interstate travel in aid of racketeering
Rhadu J. Schoolfield, aka Big Face Dolla
33
Portsmouth
Conspiracy, Felon in possession of firearms, Interstate travel in aid of racketeering
Tywon McKelvy
42
New York
Conspiracy
Darion D. Perdue,
Aka Son Son
24
Portsmouth
Conspiracy
Abraham A. Atkins
35
Portsmouth
Conspiracy, Distribution, Possession with intent to distribute, Maintaining a drug-involved premises, Using a communications facility to cause, commit, and facilitate felony violations of the Controlled Substances Act
Valeria A. Waller
42
Portsmouth
Conspiracy; Distribution; Possession with intent to distribute; Felon in possession of a firearm
Eddie L. Tyson
46
Portsmouth
Conspiracy, Maintaining a drug-involved premises, Distribution of Fentanyl
Jamars A. Cooper,
aka Mall
26
Portsmouth
Conspiracy
Dominic Diablo Mosley
35
Portsmouth
Conspiracy
Edward Muckle,
aka Eddie
32
Portsmouth
Conspiracy, Maintaining a drug-involved premises
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia, Mark R. Herring, Attorney General of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Division, Michael K. Lamonea, Assistant Special Agent in Charge of HSI Norfolk, Michael B. Boxler, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Washington Field Division, Kelvin L. Wright, Chief of Chesapeake Police, and Tonya D. Chapman, Chief of Portsmouth Police, made the announcement after arrests were made.
This case was investigated by the FBI’s Tidewater Violent Crime Task Force, in partnership with HSI’s Norfolk Field Office, ATF, Chesapeake Police Department, Virginia State Police, and the Portsmouth Gang Suppression Unit. Special Assistant U.S. Attorney John F. Butler and Assistant U.S. Attorneys Joseph E. DePadilla, Andrew C. Bosse, William B. Jackson, and Kevin Hudson are prosecuting the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:17-cr-116.
Ohkay Owingeh Pueblo Man Sentenced to Prison for Federal Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Peter Calvert-Cata, 21, a member and resident of Ohkay Owingeh Pueblo, N.M., was sentenced today in federal court in Albuquerque, N.M., to 48 months in prison followed by ten years of supervised release for his conviction on a sexual assault charge. He also will be required to register as a sex offender.
Calvert-Cata was arrested on Nov. 18, 2016, on a criminal complaint charging him with aggravated sexual abuse. According to the criminal complaint, Calvert-Cata sexually assaulted a 17-year-old female on Aug. 13, 2016, in Ohkay Owingeh Pueblo. At the time of the sexual assault, the victim, a member of Ohkay Owingeh Pueblo, was fading in and out of consciousness because she was under the influence of alcohol and marijuana. Calvert-Cata subsequently was indicted on Dec. 7, 2016, and was charged with two counts of aggravated sexual abuse.
On March 6, 2017, Calvert-Cata entered a guilty plea to a felony information charging him with sexual assault. In his plea agreement, Calvert-Cata admitted that he attempted to engage in a sexual act with the victim on Aug. 13, 2016, at a time when she was highly intoxicated by alcohol and marijuana. Calvert-Cata also acknowledged providing the marijuana consumed by the victim.
This case was investigated by the Santa Fe office of the FBI, the Northern Pueblos Agency of the BIA’s Office of Justice Services, the Ohkay Owingeh Tribal Police Department, and the New Mexico State Police.
Special Assistant U.S. Attorney Lucy B. Solimon prosecuted the case as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
No. 2 Defendant in Federal Indictment Targeting Coalition of Three Latino Street Gangs Pleads Guilty to RICO and Narcotics OffensesRead the Press Release
LOS ANGELES – A gang member who helped manage a coalition of three rival street gangs in Northeast Los Angeles that were brought together by orders issued by a member of the Mexican Mafia pleaded guilty today to federal charges and admitted being a primary supplier of narcotics to the criminal enterprise.
Santos Zepeda, also known as “Slim,” 33, of Glendale, a senior member of the Frogtown gang, pleaded guilty this morning to conspiring to violate the federal Racketeer Influenced and Corrupt Organizations (RICO) Act and conspiring to traffic methamphetamine.
Zepeda was among 22 defendants named two years ago in a federal racketeering indictment that outlined how Mexican Mafia member Arnold Gonzales ordered the unification of three street gangs that were traditional rivals. The “peace treaty” imposed by Gonzales in 2010 brought together the Frogtown, Toonerville and Rascals gangs, which worked together to control the narcotics trade and other illegal activities in an area that ran along the Los Angeles River from Elysian Park nearly to Burbank.
Because he was incarcerated in Pelican Bay State Prison after being convicted of murder, Gonzales appointed another Frogtown gang member, Jorge Grey, to be his emissary on the streets, according to the indictment. Zepeda served as Grey’s top lieutenant, provided narcotics to the racketeering enterprise, and coordinated the collection of “taxes” imposed on street-level drug dealers.
Zepeda pleaded guilty this morning before United States District Judge Philip S. Gutierrez, who is scheduled to sentence the defendant on January 22.
As a result of the guilty pleas entered today, Zepeda faces a mandatory minimum sentence of 10 years in federal prison and a statutory maximum penalty of life without parole.
The RICO indictment targeting the Arnold Gonzales Organization is the result of Operation “Gig ‘em,” an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Violent Crime Impact Team; the California Department of Corrections and Rehabilitation, Office of Correctional Safety, Special Service Unit; the Glendale Police Department; and the Los Angeles Police Department.
After Gonzales took control of the three gangs, he exercised his authority through Grey and criminal associates that included Zepeda, according to the indictment. The organization generated revenue through extortion, specifically the imposition of taxes on the gangs and others who distributed narcotics in the territory controlled by the criminal enterprise. Members of the racketeering conspiracy allegedly implemented Gonzales’ orders, imposed discipline on those who attempted to violate the orders or contest the power of the enterprise, and collected firearms that were used to enforce their authority.
The indictment details numerous transactions involving narcotics and firearms, and also contains charges related to two shootings allegedly committed against individuals who defied the rules imposed by Gonzales and his associates.
Out of the 22 defendants named in the indictment, 11 have pleaded guilty. The remaining 11 defendants, including Grey, are scheduled to go on trial on March 5, 2018.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.
This case is being prosecuted by Assistant United States Attorneys Carol Alexis Chen and Alexander B. Schwab of the Organized Crime Drug Enforcement Task Force.
New Hampshire Man Sentenced for Laundering Proceeds from the Illegal Sale of MarijuanaRead the Press Release
BOSTON – A New Hampshire man was sentenced Friday, Aug. 11, 2017, in federal court in Boston for laundering the proceeds from illegal marijuana sales.
Douglas Mercier, 49, of Pelham, N.H., was sentenced by U.S. Senior District Court Judge Mark L. Wolf to four months in prison, three years of supervised release, and ordered to pay a fine of $25,000. In February 2017, Mercier pleaded guilty to one count of conspiracy to launder monetary instruments.
On approximately 15 occasions between June and October 2015, Mercier made cash deposits - derived from the illegal sale of marijuana - of just under $10,000 to banks in Massachusetts and New Hampshire.
Acting U.S. Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement. Assistant U.S. Attorney Eric Rosen of Weinreb’s Narcotics & Money Laundering Unit is prosecuting the case.
Navajo Man from Shiprock Sentenced to Prison for Federal Involuntary Manslaughter and Assault ConvictionRead the Press Release
ALBUQUERQUE – Travis Arthur Mustache, 35, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., was sentenced this morning in Albuquerque, N.M., to 37 months in prison for his conviction on federal involuntary manslaughter and assault charges. He will be on supervised release for three years after completing his prison sentence.
Mustache was arrested in March 2017, on an indictment charging him with involuntary manslaughter and assault resulting in serious bodily injury. According to the indictment, Mustache killed one victim and seriously injured another while driving his vehicle under the influence of alcohol on the Navajo Indian Reservation in San Juan County, N.M., on June 15, 2016.
On April 11, 2017, Mustache pled guilty to the indictment and admitted killing one victim and assaulting the second victim, causing her to sustain serious bodily injury, by driving recklessly while under the influence of alcohol. Mustache acknowledged that the alcohol rendered him incapable of exercising clear judgment and a steady hand in operating the vehicle. According to plea agreement, the second victim suffered from rib fractures, a liver laceration, bruised lung tissue and scalp bruises as the result of the assault.
This case was investigated by the Farmington office of the FBI, the Shiprock office of the Navajo Nation Division of Public Safety and the New Mexico State Police and was prosecuted by Assistant U.S. Attorney Sarah Mease.
Midasco Settles False Claims Act Allegations Involving I-495 HOV ProjectRead the Press Release
ALEXANDRIA, Va. – Midasco, LLC, located in Elkridge, Maryland, has agreed to pay $450,000 to settle False Claims Act allegations related to their work on the Virginia I-495 HOV/HOT Lanes Project.
The government investigated allegations that Midasco had not complied with the Davis-Bacon Act, specifically that they had not paid workers who performed electrical work on the HOT Lanes Project the prevailing wage required by federal labor standards. Instead, Midasco improperly classified workers as supervisors and paid them a salary in order to avoid paying the higher wages they were entitled to as electricians. The alleged conduct occurred between July 2012 and May 2015.
Midasco worked as a subcontractor on the HOT Lanes Project, a project that created approximately 29 miles of reversible high-occupancy toll lanes along the I-95/I-495 corridor. Midasco’s contract included installation of highway signing, lighting, toll gantries, ITS infrastructure, and electrical communication components.
The investigation was initiated after a lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private parties to sue on behalf of the government when they believe that defendants submitted false claims for government funds and to receive a share of any recovery. The False Claims Act permits the government time to investigate allegations in qui tam complaints and to intervene in such lawsuits, when the government deems it appropriate. This case is captioned United States ex rel. David Ridley, et al. v. Midasco, LLC et al. (1:12-cv-1170 AJT-TCB).
The resolution in this matter was the result of a coordinated effort between the U.S. Attorney’s Office for the Eastern District of Virginia, the Commonwealth of Virginia’s Attorney General’s Office, the Department of Labor Office of Inspector General, and the Department of Transportation Office of Inspector General. The matter was investigated by Assistant U.S. Attorney Monika Moore and Assistant Attorney General Peter Broadbent. The civil claims settled by this False Claims Act agreement are allegations only; there has been no determination of civil liability.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Miami Resident Sentenced to Prison for Stolen Identity Refund Fraud SchemeRead the Press Release
Used Stolen IDs to Seek More Than $2 Million in Fraudulent Refunds
A Miami-Dade County, Florida resident was sentenced to 70 months in prison for his role in a stolen identity refund fraud scheme, announced Acting U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to documents and information provided to the court, from approximately 2008 through January 2015, in Broward and Miami-Dade counties, Jean Leroy Destine, 36, and others, obtained stolen IDs, to include the personal identifying information of prisoners and deceased individuals. They used this information to prepare and file with the Internal Revenue Service (IRS) approximately 2,000 tax returns seeking more than $2 million in fraudulent refunds. Destine and his co-conspirators covered their tracks by recruiting individuals to obtain Electronic Filing Identification Numbers (EFINs) in their names from the IRS and then used these EFINs to electronically file the fraudulent returns. The conspirators directed the refunds to debit cards as well as treasury checks mailed to various addresses. The refund checks were cashed at different check cashing stores and funds were withdrawn from the debit cards at Western Union locations and ATMs.
In addition to the term of prison imposed, U.S. District Judge Federico A. Moreno ordered Destine to serve three years of supervised release and to pay $2,108,000.00 in restitution to the IRS. Destine pleaded guilty in May 2017 to one count of a multi-object conspiracy to defraud the IRS, commit wire fraud and commit aggravated identity theft and one count of aggravated identity theft.
Acting U.S. Attorney Greenberg and Acting Assistant Attorney General Goldberg commended special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Neil Karadbil of the Southern District of Florida and Assistant Chief Greg Tortella of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Related court documents and information may be found on the website of the United States District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican National Arrested, Charged with Id Theft and Lying to A Border OfficerRead 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 Juan Luis Jimenez Cortez, a/k/a Fernando Castillo, 45, a native of Mexico living in Chicago, Illinois, was arrested and charged by criminal complaint with aggravated identity theft and making materially false and fictitious statements to a federal officer. The charges carry a minimum penalty of two years in prison, a maximum of five years and a $250,000 fine.
Assistant U.S. Attorney Stephanie O. Lamarque, who is handling the case, stated that according to the complaint, on August 13, 2017, a Customs and Border Protection Officer encountered the defendant driving a vehicle with an Illinois registration. During primary inspection, Cortez stated that while attempting to drive to Chicago, Illinois, he accidently drove across the Lewiston Queenston Bridge to Canada, and was sent back to the United States side of the border by Canadian border officials. The defendant presented an Illinois Drivers’ License listing the name Fernando Castillo as his proof of identity. Cortez was then referred for a secondary inspection.
During the secondary inspection, the defendant claimed to be a Puerto Rican born United States citizen, and he presented a Social Security card. Criminal record checks using the name and date-of-birth listed on the Illinois Drivers’ License showed multiple narcotic related arrests, including a 2010 conviction in Puerto Rico for drug trafficking. When asked about the drug arrest, Cortez replied that he has never been arrested for drugs. The defendant subsequently admitted that his true name is Juan Luis Jimenez.
The defendant made an initial appearance this afternoon before U.S. Magistrate Judge Jeremiah J. McCarthy and is being held pending a detention hearing on August 16, 2017.
The complaint is the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Mescalero Apache Man Pleads Guilty to Domestic Assault by a Habitual Offender ChargeRead the Press Release
ALBUQUERQUE – Jeffrey Reed Palmer, 35, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., pled guilty today in federal court in Las Cruces, N.M., to a domestic assault by a habitual offender charge.
Palmer was arrested on April 27, 2017, on a criminal complaint charging him with domestic assault of an intimate partner by a habitual offender. According to the criminal complaint, Palmer caused the victim to suffer a contusion to the nose and a minor head injury. Palmer committed the crime on Aug. 4, 2016, on the Mescalero Apache Indian Reservation in Otero County, N.M. Palmer was charged as a habitual offender based on his two prior domestic violence convictions in Jan. 2014, from the Lincoln County Magistrate Court, and in Nov. 2009, from the Twelfth Judicial District court in Otero County.
During today’s proceedings, Palmer pled guilty to a felony information charging him with domestic assault by a habitual offender. In entering the guilty plea, Palmer admitted that on Aug. 4, 2016, he assaulted his intimate partner. Palmer also admitted that he was previously convicted on a battery against a household member charge in Alamogordo, N.M., in 2009, and again in Ruidoso, N.M., in 2014.
At sentencing, Palmer faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services. The case is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Marijuana Grower Sentenced to 5 Years in Prison for Cultivation in Sequoia National ForestRead the Press Release
FRESNO, Calif. — Abel Toledo-Villa (Toledo), 35, a native and citizen of Mexico, was sentenced today by Chief U.S. District Judge Lawrence J. O’Neill to five years in prison, U.S. Attorney Phillip A. Talbert announced.
Toledo pleaded guilty in May to conspiring to manufacture, distribute and possess with intent to distribute 3,850 marijuana plants grown in the Sequoia National Forest in Kern County. When law enforcement officers searched the grow site, Toledo was found leaving the area in a vehicle that contained about 8.5 pounds of processed marijuana, fertilizer, a rifle, and 106 rounds of ammunition.
At the grow site, agents found significant deforestation, large piles of trash, discarded chemical bottles, and miles of plastic irrigation lines. During the course of the offense, Toledo caused damage to public land and natural resources in the amount of $5,233. In sentencing Toledo, Judge O’Neill ordered Toledo to make restitution to the U.S. Forest Service in that amount.
This case was the product of an investigation by the U.S. Forest Service, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Southern Tri-County High Intensity Drug Trafficking Area (HIDTA) task force, California Department of Justice’s Campaign Against Marijuana Planting (CAMP), California Department of Fish and Wildlife, Kern County Sheriff’s Office, Riverside County Sheriff’s Department, Fontana Police Department, and Victorville Police Department. Assistant U.S. Attorney Karen Escobar prosecuted the case.
Manhattan U.S. Attorney Announces the Arrest of Sean Austin and Braulio Moncion for Gunpoint Robbery of the Customer Center in Yonkers, New YorkRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Charles Gardner, Commissioner of the Yonkers Police Department (“YPD”), announced the arrest of SEAN AUSTIN and BRAULIO MONCION on charges of Hobbs Act robbery and a firearms offense.
According to the allegations contained in the Complaint[1] charging AUSTIN and MONCION, and other documents in the public record:
On August 12, 2017, AUSTIN and MONCION committed a gunpoint robbery of The Customer Center, doing business as Sprint, located in Yonkers, New York. AUSTIN entered the store carrying a silver firearm. He displayed the firearm to two store employees, racked the slide, and instructed them not to move. MONCION subsequently entered the store, at which point AUSTIN and MONCION took cellphones, cash, and car keys from the employees. AUSTIN and MONCION then ordered the employees to remain in the bathroom of the store while they stole numerous cellphones. The robbery was captured on the store’s surveillance cameras. Following the robbery, AUSTIN and MONCION fled in one of the employee’s vehicles, which had been parked outside the store. Law enforcement pursued AUSTIN and MONCION to the Bronx, where they were ultimately apprehended by the Yonkers Police Department. Numerous stolen cellphones were recovered from the vehicle that AUSTIN and MONCION had used to flee the scene. In addition, law enforcement recovered a firearm and ammunition magazine that the defendants had discarded during the pursuit.
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AUSTIN, 44, of New York, New York, and MONCION, 41, of the Bronx, New York, are each charged with one count of Hobbs Act robbery, which carries a maximum sentence of 20 years in prison, and one count of use of a firearm during and in relation to a crime of violence, which carries a maximum sentence of life in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
AUSTIN and MONCION were arrested on August 12, 2017, and were presented today in White Plains federal court before United States Magistrate Judge Paul E. Davison and detained on consent.
Mr. Kim praised the investigative work of the Yonkers Police Department and the FBI’s Westchester County Safe Streets Task Force, which comprises agents and task force officers from the FBI, the U.S. Probation Office, the Westchester County Police Department, the Westchester County District Attorney’s Office, the New York City Police Department, the City of Yonkers Police Department, the Peekskill Police Department, and the Mount Vernon Police Department.
The case is being prosecuted by the Office’s White Plains Division. Assistant United States Attorneys Christopher J. Clore and Gillian Grossman are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Man Arrested for Trying to Detonate What He Thought was a Vehicle Bomb at Downtown Oklahoma City BankRead the Press Release
Oklahoma City, Oklahoma — Jerry Drake Varnell, 23, of Sayre, Oklahoma, was arrested early Saturday morning in connection with a plot to detonate a vehicle bomb at BancFirst, 101 N. Broadway, in downtown Oklahoma City, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
According to a criminal complaint filed in the Western District of Oklahoma yesterday, the FBI arrested Varnell at approximately 1:00 am on August 12, 2017, after he attempted to detonate what he believed to be an explosives-laden van he had parked in an alley next to BancFirst. The complaint alleges that Varnell initially wanted to blow up the Federal Reserve Building in Washington, D.C., with a device similar to the 1995 Oklahoma City bombing because he was upset with the government.
The complaint explains that after Varnell’s intentions came to the attention of law enforcement, an undercover FBI agent posed as a person who could assist him. According to the complaint, Varnell took a series of actions to advance his plot. He identified BancFirst as the target, prepared a statement to be posted on social media after the explosion, helped assemble the device, helped load it into what he believed was a stolen van, drove the van by himself from El Reno to BancFirst in downtown Oklahoma City, and dialed a number on a cellular telephone that he believed would trigger the explosion.
Varnell is charged with attempting to use explosives to destroy a building in interstate commerce. If convicted, he would face a maximum sentence of 20 years in prison and a mandatory minimum sentence of five years’ imprisonment. He is expected to make his initial appearance in federal court in Oklahoma City today at 3:00 pm.
This arrest is the culmination of a long-term domestic terrorism investigation involving an undercover operation, during which Varnell had been monitored closely for months as the alleged bomb plot developed. The device was actually inert, and the public was not in danger. "There was never a concern that our community’s safety or security was at risk during this investigation," said Kathryn Peterson, Special Agent in Charge of the FBI in Oklahoma. "I can assure the public, without hesitation, that we had Varnell’s actions monitored every step of the way."
U.S. Attorney Yancey said: "I commend the devoted work of the FBI and our state law enforcement partners in ensuring that violent plots of this kind never succeed."
The investigation was conducted by the FBI Joint Terrorism Task Force, including members from the Oklahoma City FBI; Homeland Security Investigations, part of the U.S. Department of Homeland Security; the Oklahoma City Police Department; the Edmond Police Department; the Oklahoma Highway Patrol; the Oklahoma Bureau of Narcotics and Dangerous Drugs; and the Oklahoma State Bureau of Investigation. The FBI worked in conjunction with BancFirst during the investigation. Oklahoma District Attorney Angela Marsee, of District 2, also provided assistance. The case is being prosecuted by Assistant U.S. Attorney Matt Dillon, with assistance from the Justice Department’s Counterterrorism Section.
Reference is made to court records for further information. The public is reminded that this complaint is only an allegation and that Varnell is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Lexington Real Estate Appraiser Sentenced for Conspiracy to Commit Wire Fraud and Making False StatementsRead the Press Release
LEXINGTON Ky. – A Lexington man, who pled guilty in May of 2017, was sentenced in federal court today, to five months in prison and five months home confinement. He was also ordered to pay a $5,500 fine.
Senior U.S. District Court Judge Joseph M. Hood sentenced 34-year-old Matt Garner for conspiracy to commit wire fraud and making false statements to a federal agency.
Matt Garner, 34, a former licensed real estate appraiser, made false statements in connection with appraisals he submitted for use by lenders in connection with federally-backed mortgages.
Garner owned and operated Lexington-based Garner & Associates. Between 2012 and 2016, his company was paid for more than 700 appraisals, on homes being purchased or refinanced in numerous counties surrounding Lexington and Owensboro, Ky. In his guilty plea, acknowledged that, in a significant percentage of these appraisals, he falsely certified on federal appraisal forms that he had personally visited the property and conducted the appraisal. , in fact, had paid unlicensed individuals a small portion of the appraisal fee to perform the appraisals.
Under federal law, Garner must serve 85 percent of his prison sentence. He will also be under supervision of the U.S. Probation Office for three years, following his term of incarceration.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky, and Amy S. Hess, Special Agent in Charge, Federal Bureau of Investigation, Louisville Field Office, announced the sentence today.
The Louisville Division of the Federal Bureau of Investigation conducted the investigation. Assistant U.S. Attorneys Ken Taylor and Kate Anderson represented the federal government
Last of 4 Defendants Sentenced for Growing Marijuana at an Archaeological Site in the Sequoia National ForestRead the Press Release
FRESNO, Calif. — Rafael Torres-Armenta (Torres), 30, a native and citizen of Mexico, was sentenced today to three years and one month in prison for conspiring to manufacture, distribute and possess with intent to distribute marijuana in connection with a large-scale cultivation operation that impacted a prehistoric site, U.S. Attorney Phillip A. Talbert announced.
Chief U.S. District Judge Lawrence J. O’Neill also ordered Torres to pay $5,233 in restitution to the U.S. Forest Service for the damage to public land and natural resources caused by their cultivation activities.
According to court documents, Torres conspired with Carlos Piedra-Murillo (Piedra), 30, of Michoacán, Mexico, Juan Carlos Lopez, 33, of Flagstaff, Arizona; and Javier Garcia-Castaneda (Garcia), 38, of Michoacán, Mexico, to cultivate marijuana in the Domeland Wilderness. The Domeland Wilderness is a federally designated wilderness area about 55 miles northeast of Bakersfield and is known for its many granite domes and unique geologic formations. Law enforcement officers seized over 8,000 marijuana plants, 17 pounds of processed marijuana, a .22‑caliber rifle, a pellet rifle, and hundreds of rounds of .22‑caliber ammunition.
In June 2017, Piedra was sentenced to two years and one month in prison, Lopez was sentenced to five years in prison, and Garcia was sentenced to three years and one month in prison.
The marijuana cultivation operation caused extensive environmental damage. It covered about 10 acres and was within the burned area of the 2000 Manter Fire. Some of the new vegetation and trees that sprouted after the fire had been cut and trimmed to make room for the marijuana plants. Water was diverted from a tributary stream of Trout Creek, a major tributary to the Kern River. Fertilizer and pesticides, including illegal carbofuran and zinc phosphide, highly toxic pesticides from Mexico, were found at the site. Large piles of trash were found near the campsite. The moving of soil to accommodate a basin around each marijuana plant caused extensive damage to a large prehistoric Tűbatulabal archaeological site. Holes were dug in the middle of the archaeological site and artifacts were found scattered on the surface among the marijuana plants.
This case was the product of an investigation by the U.S. Forest Service, the Bureau of Land Management, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the California Department of Fish and Wildlife. Assistant U.S. Attorney Karen Escobar prosecuted the case.
Justice Department Sues Glendale, AZ, for Violating Employment Rights of Arizona Air National Guard MemberRead the Press Release
The Justice Department filed a complaint today alleging that the City of Glendale, Arizona, violated the employment rights of Arizona Air National Guard member Captain Rebecca Cruz under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Captain Cruz has served the United States honorably as a member of the Arizona Air National Guard since 2007.
According to the complaint, filed in the United States District Court for the District of Arizona, Captain Cruz’s military service was a motivating factor in Glendale’s decision to terminate her employment. The Department claims that, in March 2016, the City of Glendale hired Captain Cruz as a Management Analyst in its Public Works Department, knowing at that time that she also served as a member of the Guard. Approximately two months after she was hired, the Guard notified Cruz that she would need to attend military training for a new Air National Guard job classification to which she was being assigned. Cruz provided her military orders conveying that schedule to the City of Glendale, and six days later she was fired.
“In order to provide the security our nation depends on, members of our National Guard, like Captain Cruz, are often called away from their civilian jobs,” said Acting Assistant Attorney General John Gore of the Civil Rights Division. “These brave men and women must be able to fulfill their military obligations without fear that they will lose their jobs in the process, and the Department of Justice is here to ensure those protections.”
USERRA protects the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations, and provides that servicemembers shall not be discriminated against because of their military obligations.
This lawsuit seeks damages equal to the amount of Cruz’s lost wages and benefits caused by the City of Glendale’s failure to comply with USERRA, as well as liquidated damages for what the Department alleges is Glendale’s willful violation of USERRA. It also seeks an order requiring the City of Glendale to reinstate Cruz to her prior position, to comply with all provisions of USERRA in the future, and to pay all related litigation fees.
This case stems from a referral by the U.S. Department of Labor (DOL), pursuant to an investigation by the DOL’s Veterans’ Employment and Training Service. The case is being handled by the Employment Litigation Section of the Department of Justice’s Civil Rights Division, which works collaboratively with the DOL to protect the jobs and benefits of National Guard servicemembers upon their return to civilian life.
The Justice Department gives high priority to the enforcement of servicemembers’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on DOL’s website at www.dol.gov/vets/programs/userra/main.htm.
Inmate Sentenced for Drug and Weapon PossessionRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that U.S District Court Judge Matthew W. Brann sentenced Stephen Morrison to 21 months’ imprisonment on August 11, 2017, for possession of AB-Pinaca (synthentic cannabinoid), a Schedule I controlled substance, and a sharpened weapon, commonly called a “shank,” while an inmate at the Federal Correctional Institution at Allenwood, Pennsylvania (FCI Allenwood).
According to United States Attorney Bruce D. Brandler, Morrison was discovered with the synthetic cannabinoid and weapon on his person at FCI Allenwood in September 2016. Morrison was indicted on December 20, 2016, and pled guilty on April 6, 2017.
The investigation was conducted by the Federal Bureau of Investigation and officers at FCI Allenwood. Assistant United States Attorney Sean A. Camoni prosecuted the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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In Largest Case Prosecuted in U.S. Focusing on White Supremacist Prison Gang Members, Swift Justice Leads to Conviction of 89 Members/Associates of Aryan Brotherhood of Texas and Aryan CircleRead the Press Release
DALLAS — Prosecutors in the Northern District of Texas have wrapped up what is believed to be the largest prosecution in the nation’s history of individuals connected to violent white supremacist gangs, announced John Parker, U.S. Attorney for the Northern District of Texas.
The 89th and last defendant to be sentenced in the case, Jeramy Weatherall, 29, of Dallas, Texas, was sentenced today by U.S. District Judge Jane J. Boyle to 20 years in federal prison, following his guilty plea in March 2017 to one count of possession of methamphetamine with the intent to distribute.
Out of 91 defendants charged, 89 were convicted, one remains a fugitive and is believed to be in Mexico, and one died before trial began. They received a combined total of 1,070+ years in federal prison. Casey Rose, 36, of Mesquite, Texas, was sentenced to life in federal prison, following his conviction at trial in September 2015 on conspiracy, drug trafficking and firearm charges.
“The Aryan Brotherhood of Texas and the Aryan Circle have essentially been decimated in north Texas,” said U.S. Attorney Parker. “The outstanding collaborative work of the Texas Department of Public Safety and the Dallas Police Department helped ensure that each of the 89 defendants who were arrested have now been convicted and sentenced.”
“Strong law enforcement partnerships and the hard work of all those involved led to a successful investigation and the resulting prosecutions,” said Department of Public Safety Region 1 Commander Jack Webster. “We continue to work with our law enforcement partners to proactively protect the citizens of Texas in an ever-changing threat environment.”
“The Dallas Police Department is proud to have participated in this investigation that resulted in 89 convictions of dangerous gang members who terrorized communities with their criminal activity,” said Interim Dallas Police Chief David Pughes. “It is a great example of the success of local and Federal Law Enforcement working together with the United States Attorney to ensure that the worst career criminals are brought to justice.”
The defendants were members of the Aryan Brotherhood of Texas (“ABT”), the Aryan Circle, the “Irish Mob,” the “Dirty White Boys,” the “White Knights,” and the “Peckerwood” – all of which are violent white supremacist gangs. Each of these gangs are organized crime groups, but in recent years, the white supremacy ideology of each of these groups has taken a backseat to traditional criminal ventures, such as drug-dealing. The defendants in this case included several high-ranking members of these organizations.
Particularly noteworthy is that collectively, the defendants were held accountable for 956 kilograms of methamphetamine, with a conservative street value of just under $10 million, as well as the possession and use of 88 firearms and dangerous weapons.
Combined, the 89 defendants had been previously convicted of 736 crimes. Of the 736 previous convictions, 234 were drug-related offenses; 76 were violent offenses; 36 were gun offenses; 37 were burglaries; seven were sex or child abuse offenses; and one was a murder conviction. Fifteen of the defendants were deemed “career offenders” under the U.S. Sentencing Guidelines. Some defendants had as many as 25 prior convictions. In fact, only six of the 89 had no prior convictions.
The investigation was led by the DPS-CID Gang Unit and the Dallas Police Department Criminal Intelligence Unit with assistance from the Garland Police Department Neighborhood Police Officer Unit, the Collin County Sheriff's Office, the Mesquite, Sherman, Denison and Sulphur Springs Police Departments and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).
Assistant U.S. Attorney P. J. Meitl was in charge of the prosecutions.
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Importer of Crystal Methamphetamine Ordered to PrisonRead the Press Release
LAREDO, Texas – A 45-year-old man has been ordered to federal prison following his conviction for conspiracy to import crystal methamphetamine, announced Acting U.S. Attorney Abe Martinez. Mexican National Juan Manuel Lozano-Alvarez pleaded guilty May 2, 2017.
Today, U.S. District Judge Marina Garcia Marmolejo handed Lozano-Alvarez a total sentence of 70 months in federal prison. Not a U.S. citizen, he is expected to face deportation proceedings following the sentence.
On March 1, 2017, Lozano-Alvarez was driving a tractor-trailer and applied for entry into the U.S. from Mexico at the Colombia Solidarity Bridge in Laredo. A subsequent examination of the vehicle revealed a set of nested wooden boxes in the tractor. The boxes contained 13.36 kilograms of crystal methamphetamine. Lozano-Alvarez was also carrying the equivalent of approximately $1,000 in cash.
He will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations conducted the investigation. Assistant U.S. Attorney Giselle S. Guerra prosecuted the case.
Illinois Resident Pleads Guilty to Synthetic Drug ConspiracyRead the Press Release
FRESNO, Calif. — Timothy Ortiz, aka Michael Fitton, 46, of Waukegan, Illinois, pleaded guilty today for his role in a large-scale smokeable synthetic cannabinoids trafficking organization that shipped misbranded synthetic drugs interstate from a processing lab in Millbrae, California, U.S. Attorney Phillip A. Talbert announced.
Smokeable synthetic cannabinoids, commonly known as “spice” or “K2,” is falsely touted as legal alternatives to controlled substances. In some instances, they are far more lethal.
In pleading guilty, Ortiz acknowledged that from 2011 to 2013, he was involved in the importation of raw synthetic cannabis from China that was processed and distributed from warehouses in Pensacola, Florida and Millbrae and Stockton, California. Ortiz set up the Millbrae processing lab and served as its director of operations and production manager. The drugs were sold under various brand names such as “Bizarro,” “Orgazmo,” or “Headhunter.” To evade detection by federal law enforcement, Ortiz and his co-defendants deliberately misbranded and marketed their product as “potpourri” or “herbal incense” that they claimed was “not for human consumption,” even though they knew that it would be used as an intoxicant.
According to the plea agreement, Ortiz and his co-defendants shipped at least 24 tons of misbranded smokeable synthetic cannabinoids that contained the synthetic drugs AM-2201 and XLR11 to smoke shops and retail outlets throughout the United States. They generated in excess of $33 million in sales. At the time of the illicit enterprise, AM-2201 was a schedule I controlled substance and XLR11 was a controlled substance analogue that was placed under schedule I as a controlled substance in May, 2013. Ortiz has agreed to forfeit $137,110, which represents the proceeds that he derived during his participation in the illegal operation. Ortiz and his co‑defendants distributed the drugs to the Stuffed Pipe smoke shops in the Central Valley and to numerous retail establishments throughout the United States.
This case is the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Drug Enforcement Administration; the Internal Revenue Service, Criminal Investigation, and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with assistance from the Food and Drug Administration and the Fresno County Sheriff’s Office. The OCDETF program was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF program is the centerpiece of the U.S. Attorney General’s strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. This OCDETF investigation was also part of a nationwide law enforcement effort coordinated by the DEA’s Special Operations Division. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Ortiz is scheduled for sentencing on October 30, 2017. He faces a maximum statutory penalty of three years in prison and a $250,000 fine, or twice the gross gain from the crime. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Co-defendants Timothy New, 34, of Pensacola, Florida, pleaded guilty to the fraudulent shipment of misbranded drugs, and Natalie Middleton, 31, of Clovis, pleaded guilty to money laundering. In December 2016, New was sentenced to two and a half years in prison and Middleton was sentenced to four months in prison. Douglas Jason Way, aka Jason Way, 44, of Evanston, Illinois, is scheduled for a jury trial in February 2018. Way is charged with multiple controlled substance offenses and the misbranding charge, and if found guilty, faces a maximum penalty of 20 years in prison and a $10 million fine. The charges against him are only allegations; Way is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Huntington man sentenced to federal prison for role in heroin conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Huntington man involved with others in distributing heroin in 2016 was sentenced today to a year and three months in federal prison, announced United States Attorney Carol Casto. Philip Reed Starkey, 48, previously pleaded guilty to conspiracy to distribute heroin.
From the summer of 2016 to September 2016, Starkey participated with Tonya Lynn Thompson and others in a conspiracy to distribute heroin in the Huntington area. During this time period, Starkey and Thompson received heroin on consignment. Starkey and Thompson would then distribute the heroin and return the proceeds from the distributions back to the heroin source.
On September 5, 2016, a deputy with the Cabell County Sheriff’s Department seized $6,407 in cash from Starkey and Thompson during a traffic stop on U.S. Route 60 in Huntington after agents received information they would be delivering the money that day. Starkey and Thompson admitted that the money constituted proceeds from heroin distributions, and that they were delivering the money back to the heroin source. Starkey previously admitted that he and Thompson were responsible for distributing up to 400 grams of heroin during the conspiracy. As part of the plea agreement, Starkey admitted that he was responsible for all the drug trafficking conduct charged in the superseding indictment. Thompson previously pleaded guilty to conspiracy to distribute heroin and faces up to 20 years in federal prison when she is sentenced on October 30, 2017.
The Huntington FBI Drug Task Force and the Cabell County Sheriff’s Department conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This prosecution was part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Huntington man pleads guilty to federal heroin crimeRead the Press Release
HUNTINGTON, W.Va. – A Huntington man caught with heroin in January 2015 pleaded guilty today to a federal drug crime, announced United States Attorney Carol Casto. Daniel Justin Watts, 32, entered his guilty plea to a single-count indictment charging him with possession with intent to distribute heroin.
On January 7, 2015, agents with the Huntington FBI Drug Task Force arrested Watts in a parking lot at 1034 14th Street West in Huntington after observing Watts distributing heroin in the area. Watts was transported to the Huntington Police Department and, during a search, was found to be in possession of heroin he had concealed in his groin area. The heroin was packaged for distribution, and Watts admitted that he intended to sell the heroin. As part of the plea agreement, Watts further admitted that he distributed heroin in West Huntington during the months of December 2014 and January 2015.
Watts faces up to 20 years in federal prison when he is sentenced on November 20, 2017.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams is handling the prosecution. The plea hearing was held before Chief United States District Judge Robert C. Chambers.
This prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Hearing Set for Khleborod and Barrero in Federal CourtRead the Press Release
Columbia, South Carolina-------United States Attorney Beth Drake announced today that a hearing for Theodore Vitaliy Khleborod, age 28, and Ana Milena Barrero, age 24, has been set for Thursday morning, August 17, 2017, at 10:00 A.M. in the federal courthouse in Greenville. Khleborod and Barrero have been charged in a multi-count, superseding indictment with conspiring to possess with the intent to distribute numerous drugs, including fentanyl and U-47700.
The case was investigated by Special Agents with ICE-Homeland Security Investigations, Border Enforcement Security Task Force (BEST), the United States Postal Inspection Service, the Drug Enforcement Administration, the Greenville County Sheriff’s Office, the Greenville Police Department, and the Spartanburg County Sheriff’s Office.
Assistant United States Attorney Andy Moorman, Deputy Criminal Chief for the Narcotics Division, is prosecuting the case.
The United States Attorney stated that all charges are merely accusations and that the defendants are presumed innocent until and unless proven guilty.
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Greer Man Sentenced to 82 Months on Child Porn ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Scott Linnell, age 36, of Greer, was sentenced today in Greenville for possession of child pornography, a violation of Title 18, United States Code, Section 2252A. United States District Judge Bruce Howe Hendricks, of Charleston, sentenced Linnell to 82 months in the Bureau of Prisons and ordered that he be under lifetime supervision.
Evidence presented at the change of plea hearing established that on March 10, 2015, an undercover law enforcement officer signed into the undercover Kik user account in order to conduct child exploitation investigations on the Kik Messenger application. On that same day, the undercover agent saw that user “phx_medic” had posted sexually explicit material in the Kik Messenger chat room “#lolitalovers” on March 8, 2015. At this time, the undercover agent observed that user “phx_medic” had posted fourteen images into the Kik chat room. The undercover agent was able to download and save these images to an undercover device. The IP address was logged.
In a second, unrelated undercover investigation, an individual at the same IP address was found to be trading child pornography and engaging in sexually explicit chats on a web forum used by individuals interested in sexual contact with children.
Based on these incidents, further investigation traced the IP address involved in the illicit activity to Linnell’s home. On May 27, 2015, a federal search warrant was executed at the home. Computers and other devices were seized. A forensic examination of the devices seized revealed 8,906 images of child pornography. Of these images, 773 were of infants and toddlers. Ninety of these images were sadistic, masochistic, or violent.
The case was investigated by agents of the United States Postal Inspection Service and ICE - Homeland Security Investigations. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
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Gang Member Sentenced for Firearm PossessionRead the Press Release
Tampa, Florida – U.S. District Judge James D. Whittemore has sentenced Rorn Sorn (34, St. Petersburg) to six years and five months in federal prison for possessing a firearm as a convicted felon. He pleaded guilty on April 24, 2017.
According to court documents, on December 17, 2016, Sorn and another individual entered Club Lust in St. Petersburg and went into the restroom. A few moments later, a security guard heard a gunshot go off in the restroom and observed Sorn and another male as they were exiting the restroom. The security guard asked the men if they had fired a gun. Sorn replied, “It was an accident, man. I was just trying to take a selfie.” Nightclub employees observed a bullet hole in the bathroom mirror that went through the wall into the ladies’ room.
Officers from the St. Petersburg Police Department arrested Sorn a short time later. A .40 caliber firearm, a gun magazine, marijuana, and Xanax pills were recovered from his pockets. Sorn, a member of the Asian Pride Gang, has prior convictions for burglary of a dwelling and attempted first-degree murder and is therefore prohibited from possessing a firearm or ammunition under federal law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Shauna S. Hale.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. Acting United States Attorney W. Stephen Muldrow, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Fresno Man Sentenced to 18 Months in Prison for a Conspiracy to Distribute MarijuanaRead the Press Release
FRESNO, Calif. — U.S. District Judge Anthony W. Ishii sentenced Iran Dennis “Denny” Foster, 46, of Fresno, today to 18 months in prison for conspiring to distribute and possessing with intent to distribute marijuana, U.S. Attorney Phillip A. Talbert announced.
Iran Foster is one of seven defendants named in a multicount indictment returned on April 9, 2015, charging them with a variety of drug trafficking offenses. One of the defendants was former Fresno deputy police chief Keith Foster. His nephew, Iran Foster, regularly traveled to Northern California to purchase marijuana for distribution. Iran Foster pleaded guilty to one count of conspiracy to distribute and possess with intent to distribute marijuana. According to the plea agreement, Iran Foster admitted that his primary source of income was derived from marijuana sales.
Keith Foster proceeded to trial, and on May 23, 2017, a jury found him guilty of conspiracy to distribute and possess with intent to distribute heroin and conspiracy to distribute and possess with intent to distribute marijuana. He is scheduled to be sentenced on November 13, 2017.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation. Assistant U.S. Attorneys Melanie L. Alsworth and Dawrence W. Rice Jr. are prosecuting the case.
Five co-defendants have pleaded guilty and have either been sentenced or are awaiting sentencing. Ricky Reynolds is scheduled to be sentenced on November 13, 2017. Randy Flowers, 51, was sentenced on July 10, 2017 to two years and nine months in prison. On October 11, 2016, Rafael Guzman, 43, of Fresno was sentenced to three years and four months in prison. Jennifer Donabedian, 38, of Fresno, pleaded guilty to concealing a felony and served 12 months’ probation. Sarah Ybarra, 39, of Fresno, pleaded guilty to conspiracy to distribute marijuana and served one year in prison.
Founder, CEO, and Employee of International Adoption Guides (IAG) Sentenced for Adoption Fraud SchemesRead the Press Release
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Mary Mooney, age 58, of Mooresville, North Carolina; James Harding, age 57, of Lawrenceville, Georgia; and Alisa Bivens, age 36, of Gastonia, North Carolina were sentenced last week in federal court in Charleston, South Carolina. Mooney was sentenced for Accreditation Fraud regarding adoption conducted in Kazakhstan, in violation of 42 U.S.C. § 14944, and Harding and Bivens were sentenced for conspiring to defraud the United States in connection with adoptions conducted in Ethiopia, in violation of 18 U.S.C. § 371.
United States District Judge David C. Norton of Charleston sentenced Mary Mooney to 18 months incarceration, 3 years of supervised release, and $223,946.04 of restitution to victims who adopted children from Kazakhstan. James Harding was sentenced to 12 months incarceration, 3 years supervised release, and $301,224.25 of restitution. Alisa Bivens, was sentenced to one year probation, and $31,800 restitution to two victims listed in the Indictment with whom she had direct contact.
Evidence presented at James Harding and Alisa Bivens guilty pleas and sentencings established that they and Mary Mooney on behalf of IAG submitted fraudulent documents to the U.S. Department of State to facilitate adoptions of Ethiopian children by U.S. parents from 2006 until 2009. In support of U.S. visa applications for the Ethiopian children, they submitted false documentation, including contracts of adoption signed by orphanages that could not properly give the children up for adoption because, for example, the child in question was never cared for or never resided at the orphanage. Harding and Bivens admitted to a scheme conducted with Mooney to pay bribes to two Ethiopian officials, a teacher at a government school, and a head of a regional ministry for women’s and children’s affairs, to facilitate the fraudulent adoptions. Both Harding and Bivens pled guilty and cooperated, providing substantial assistance to the Government.
Evidence presented at Mooney’s hearings established that she made false statements to the Council on Accreditation (COA), which granted IAG accreditation to provide adoption services. IAG marketed itself as a COA-accredited adoption services provider and numerous clients relied on IAG’s accreditation to confirm IAG’s adoption services were ethical and in compliance with the law. Mooney admitted in support of IAG’s application for accreditation she made several false representations, including: falsely stating that IAG was in substantial compliance with the relevant regulations; intentionally failing to list her co-defendant, Alisa Bivens, as one of IAG’s employees providing adoption services; and intentionally failing to disclose that James Harding, another co-defendant, was the functional director and head of the company. All of these false and fraudulent statements were material to COA’s decision to accredit IAG to conduct intercountry adoptions.
“The defendants undermined the laws and regulations designed to ensure the integrity of the inter-country adoption process. The Diplomatic Security Service conducted an excellent investigation to uncover the scheme to profit from fraudulently securing the adoption of children, some of the most vulnerable victims in society,” stated United States Attorney Beth Drake.
"This sentencing makes a strong statement to those who would attempt to exploit the most vulnerable among us. The Diplomatic Security Service is dedicated to ensuring those who commit these crimes are brought to justice,” said Christian J. Schurman, Deputy Assistant Secretary for International Programs at the State Department’s Diplomatic Security Service (DSS). “Our global presence allows DSS to work with both U.S. and foreign law enforcement to stop those who would profit from illicit schemes like fraudulent adoption.”
The case was investigated by the U.S. Department of State’s Diplomatic Security Service. Assistant United States Attorney Jamie Lea Schoen of the District of South Carolina and Department of Justice Trial Attorney Derek Ettinger handled the sentencings in this case.
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Former Medical Doctor and Business Partner Indicted for $7.1 Million Medicare Health Care Fraud SchemeRead the Press Release
LAS VEGAS, Nev. – Two Californians, a former medical doctor and his business partner, who were indicted on July 5, 2017 for a $7.1 million Medicare health care fraud scheme that occurred at three Las Vegas hospices, made their initial appearances in federal court today, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Camilo Q. Primero, 74, of San Dimas, Calif., and Aurora S. Beltran, 61, of Glendora, Calif., are each charged with one count of conspiracy to commit health care fraud; one count of health care fraud; one count of fraudulent concealment involving a federal health care program; three counts of false statements relating to a health benefit program; and thirteen counts of money laundering. The defendants face a criminal forfeiture money judgment in the amount of at least $7,083,130.
According to the indictment, from about Jan. 1, 2012 to about July 5, 2017, Primero, a former medical doctor and owner of Angel Eye Hospice, Vision Home Health Care, and Advent Hospice, all in Las Vegas, Nevada, and Beltran, Primero’s business partner, allegedly operated a scheme to fraudulently obtain $7.1 million from the federal Medicare program. They allegedly filed false enrollment documents with Medicare to enable Primero to operate hospice and home care agencies through nominees. Furthermore, they allegedly submitted hospice care claims for people who were not terminally ill and did not require hospice care.
The case is being investigated by the FBI and the U.S. Department of Health and Human Services-OIG, with assistance from IRS-Criminal Investigation. The case is being prosecuted by Assistant U.S. Attorney Patrick Burns.
For prevention tips and information about Medicare fraud, visit www.medicare.gov.
An indictment is merely an allegation and all defendants are presumed innocent unless and until proven guilty in a court of law.
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Former Manager of Mescalero Apache Tribe Owned Childcare Center Pleads Guilty to Theft ChargeRead the Press Release
ALBUQUERQUE – The former manager of Team Members Childcare Center (TMCC), a childcare center owned by the Mescalero Apache Tribe and operated at the Inn of the Mountain Gods (IMG) on behalf of its employees that require childcare pled guilty today in federal court in Las Cruces, N.M., to a theft of government money charge.
Gina McPherson, 49, of Capitan, N.M., was arrested on May 1, 2017, and was charged by criminal complaint with theft of public money. According to the criminal complaint, McPherson committed the crime from Sept. 2011 through Jan. 2016, on the Mescalero Apache Indian Reservation in Otero County, N.M. McPherson was the manager of TMCC from March 2011 through her resignation in Dec. 2015. During her time as manager, McPherson enrolled TMCC into the Child and Adult Food Care Program (CACFP) administered by the State of New Mexico Children, Youth and Families Department (CYFD), which enables qualifying childcare centers to provide meals to children from eligible families free of charge. Within a few months of McPherson’s resignation, IMG management became aware that TMCC was not receiving meal reimbursement funds from CACFP although CYFD records showed that funds had been disbursed to TMCC since Aug. 2011. Further investigation revealed that CYFD paid over $400,000 to McPherson for TMCC meals consumed by TMCC children from Aug. 2011 through Jan. 2016.
During today’s proceedings, McPherson pled guilty to an information charging her with theft of government money. In entering the guilty plea, McPherson admitted that while she was employed by IMG in Mescalero, N.M., as the manager for a child daycare program, she stole more than $400,000 in federal funds that were intended as reimbursement for meals consumed by children attending the daycare program. McPherson also admitted that, unbeknownst to IMG management, she enrolled the daycare attendees in a meal reimbursement program administered by CYFD which used funds disbursed by the federal Food and Drug Administration. The meal reimbursement checks went directly to McPherson and she converted those funds to her own use.
At sentencing, McPherson faces a maximum penalty of ten years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Las Cruces office of the FBI and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Former Madison County, Virginia Detective Pleads Guilty to Sexually Exploiting MinorsRead the Press Release
A former detective with the Madison County Sheriff’s Office, who was most recently assigned to the Internet Crimes Against Children Task Force, pleaded guilty today in the U.S. District Court for the Western District of Virginia in Charlottesville to multiple charges of sexually exploiting minors. Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Rick A. Mountcastle for the Western District of Virginia made the announcement.
Bruce Arlie Harvey, 41, of Reva, Va., pleaded guilty to three counts of transporting a minor across state lines with the intent to engage in criminal sexual acts, three counts of interstate travel with minors with the intent to engage in illicit sexual conduct and one count of possession of child pornography.
According to the information presented during the guilty plea hearing, Harvey, while a karate instructor at the Virginia Tong Leong School of Karate in Madison, began making sexual advances toward the two minor female victims in this case while they were students at the karate school. Harvey engaged in illegal sexual acts with these children after he began giving them private karate lessons and began traveling with each of them to karate competitions and other events at various out-of-state locations, including Ocean City, Md. This conduct took place between 1998 and 2007.
At the time of his arrest on May 3, investigators recovered a Sony microcassette in a bedroom closet that contained a film clip dated Feb. 14, 2007, that showed one of the victims performing a sexual act with Harvey in his Madison County home.
The FBI and the Virginia State Police investigated this case. Assistant U.S. Attorney Nancy S. Healey and Trial Attorney Lauren S. Kupersmith of the Child Exploitation and Obscenity Section of the Justice Department’s Criminal Division are prosecuting this case.
Former Madison County Detective Pleads Guilty to Sexually Exploiting MinorsRead the Press Release
Charlottesville, VIRGINIA – A former detective with the Madison County Sheriff’s Office, who was most recently assigned to the Internet Crimes Against Children Task Force, pled guilty today in the United States District Court for the Western District of Virginia in Charlottesville to multiple charges of sexually exploiting minors, Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting United States Attorney Rick A. Mountcastle announced.
Bruce Arlie Harvey, 41, of Reva, Va., pled guilty today to three counts of transporting a minor across state lines with the intent to engage in criminal sexual acts, three counts of interstate travel with minors with the intent to engage in illicit sexual conduct, and one count of possession of child pornography.
“Harvey abused his positions of trust as a law enforcement officer and as a karate instructor to sexually exploit two of his female karate students beginning when each was approximately 13 years old, and lasting at least two years for one victim, and at least four years for the other victim,” Acting United States Attorney Rick A. Mountcastle said today. “This case shows that child predators infiltrate every aspect of our society, including law enforcement. Parents should always be on guard and should always remember that child predators may gravitate to vocations and places where they can occupy positions of trust and have easy access to children. Criminals who exploit children should know that there is no longer a statute of limitations for these types of crimes and the United States Attorney’s Office will aggressively prosecute them no matter how long ago they exploited their victims,” said Acting United States Attorney Mountcastle. “While there is little that we can do to reverse the trauma and harm that Harvey inflicted on the two innocent victims, it is our sincerest hope that this prosecution will be a first step toward healing, restoration, and renewal for each of them,” he added. Acting United States Attorney Mountcastle commended the teamwork of the Federal Bureau of Investigation, the Virginia State Police, and the prosecutors.
“Harvey was every parent's worst nightmare. A multi-victim predator camouflaging himself in positions of trust. School resource officer. Child exploitation investigator. Karate instructor. Despicable,” said Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Division. “I want to, once again, thank the United States Attorney's Office for their tenacity, for their expertise, and for their professionalism.”
According to the information presented during the guilty plea hearing, Harvey, while a karate instructor at the Virginia Tong Leong School of Karate in Madison, began making sexual advances toward the two minor female victims in this case while they were students at the karate school. Harvey engaged in illegal sexual acts with these children after he began giving them private karate lessons and began traveling with each of them to karate competitions and other events at various out-of-state locations, including Ocean City, Maryland.
At the time of his arrest on May 3, 2017, investigators recovered a Sony microcassette in a bedroom closet that contained a film clip dated February 14, 2007, that showed one of the victims performing a sexual act with Harvey in his Madison County home.
The Federal Bureau of Investigation and the Virginia State Police investigated this case. Assistant United States Attorney Nancy S. Healey and Department of Justice- Child Exploitation and Obscenity Section Trial Attorney Lauren S. Kupersmith are prosecuting it.
Former Brookhaven Resident Pleads Guilty to Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss. – Brian Monroe Lewis, 33, formerly of Brookhaven, Mississippi, pled guilty today before Senior U.S. District Judge David C. Bramlette III to possession of a firearm by a convicted felon, announced Acting U.S. Attorney Harold Brittain.
Lewis admitted that, on December 20, 2016, he possessed a HiPoint brand, model C9, 9mm handgun after having previously been convicted in Mississippi state court for aggravated assault in 2006 and possession of a cocaine in 2010.
Lewis is currently detained in the Madison County Jail and will be sentenced on November 14, 2017, by Senior U.S. District Judge David C. Bramlette III, at the U.S. Courthouse in Natchez. Lewis faces a maximum sentence of 10 years in prison and a $250,000 fine.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Carla J. Clark is prosecuting the case for the government.
Florida Resident Sentenced to Prison for Stolen Identity Refund Fraud SchemeRead the Press Release
A Miami-Dade County, Florida resident was sentenced to 70 months in prison for his role in a stolen identity refund fraud scheme, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Benjamin G. Greenberg for the Southern District of Florida.
According to documents and information provided to the court, from approximately 2008 through January 2015, in Broward and Miami-Dade counties, Jean Leroy Destine, 36, and others, obtained stolen IDs, to include the personal identifying information of prisoners and deceased individuals. They used this information to prepare and file with the Internal Revenue Service (IRS) approximately 2,000 tax returns seeking more than $2 million in fraudulent refunds. Destine and his co-conspirators covered their tracks by recruiting individuals to obtain Electronic Filing Identification Numbers (EFINs) in their names from the IRS and then used these EFINs to electronically file the fraudulent returns. The conspirators directed the refunds to debit cards as well as treasury checks mailed to various addresses. The refund checks were cashed at different check cashing stores and funds were withdrawn from the debit cards at Western Union locations and ATMs.
In addition to the term of prison imposed, U.S. District Judge Federico A. Moreno ordered Destine to serve three years of supervised release and to pay $2,108,000.00 in restitution to the IRS. Destine pleaded guilty in May 2017 to one count of a multi-object conspiracy to defraud the IRS, commit wire fraud and commit aggravated identity theft and one count of aggravated identity theft.
Acting Assistant Attorney General Goldberg and Acting U.S. Attorney Greenberg commended special agents of IRS Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Neil Karadbil of the Southern District of Florida and Assistant Chief Greg Tortella of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Eagle Butte Woman Sentenced for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota woman convicted of Conspiracy to Distribute a Controlled Substance was sentenced on August 10, 2017, by U.S. District Judge Roberto A. Lange.
Donni DaRae Traversie, a/k/a Donna Dupris, age 27, was sentenced to 78 months in custody, followed by 3 years of supervised release, a fine of $500, and a mandatory special assessment to the Federal Crime Victims Fund in the amount of $100.
Traversie was indicted by a federal grand jury on January 19, 2017. She pled guilty on May 16, 2017.
Between April of 2012 and January of 2017, Traversie knowingly and intentionally conspired with others to distribute methamphetamine in the District of South Dakota. Traversie received distributable quantities of methamphetamine and distributed some of the methamphetamine in South Dakota. The individuals who provided Traversie with the methamphetamine knew that she intended to engage in further distribution. Traversie admitted that her distribution conduct involved between 500 grams and 1.5 kilograms of methamphetamine.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services Narcotics Division and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Traversie was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on August 10, 2017, by U.S. District Judge Roberto A. Lange.
Kenneth Bowker, Jr., age 58, was sentenced to 24 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Bowker was indicted by a federal grand jury on April 12, 2017. He pled guilty on July 17, 2017.
The conviction stems from Bowker failing to register as a sex offender as required by federal law between January 26, 2017, and February 5, 2017. Bowker had previously been convicted of a sex offense in federal court, which requires him to register for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Bowker was immediately turned over to the custody of the U.S. Marshals Service.
Dubuque Man Pleads Guilty to Robbing Bank, Illegally Possessing a Gun, and Selling HeroinRead the Press Release
A man who robbed a bank, possessed a gun as a felon, and sold heroin causing an overdose, all within the span of one year, pled guilty today in federal court in Cedar Rapids.
Gregory Stapleton, age 31, from Dubuque, Iowa, was convicted of aiding and abetting a bank robbery, distributing heroin, furanyl fentanyl, and acryl fentanyl resulting in serious bodily injury, and possessing a firearm as a felon.
Court documents show that Stapleton assisted in the robbery of the Fidelity Bank and Trust in Maquoketa, Iowa, on March 8, 2017. Stapleton visited the bank the day prior to the robbery in order to “case” the bank. During the robbery, Stapleton was parked across the street listening to a police scanner. Stapleton also provided his codefendant, Dante Rhodes, a vehicle for Rhodes to drive to Maquoketa and rob the bank. Rhodes pled guilty to the bank robbery earlier this month.
Stapleton’s drug and gun charges were contained in an Information that was filed on August 9, 2017. Stapleton admitted that, on January 8, 2017, he gave a mixture of heroin, furanyl fentanyl, and acryl fentanyl to another person. The heroin mixture sold by Stapleton caused an overdose in which the victim sustained serious bodily injury. Stapleton also admitted that he possessed a firearm on July 28, 2016. Stapleton has two prior drug felony convictions and was prohibited from possessing firearms.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Stapleton remains in custody of the United States Marshal pending sentencing. Stapleton faces a mandatory minimum sentence of 20 years’ imprisonment and a possible maximum sentence of life imprisonment, a $1,500,000 fine, $300 in special assessments, and up to a lifetime term of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Justin Lightfoot and was investigated by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, the Maquoketa Police Department, the Dubuque Police Department, and the Dubuque County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-CR-1022.
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