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Tuesday 20 June 2017
Bakersfield Man Indicted on Child Pornography ChargesRead the Press Release
FRESNO, Calif. — On Thursday, June 15, 2017, a grand jury returned a two-count indictment against Augustine Amon Reyes, 31, of Bakersfield, charging him with receipt and possession of child pornography, U.S. Attorney Phillip A. Talbert announced.
According to the indictment, between October and November 2016, Reyes, through the use of a cellphone and a micro SD memory card, received and possessed over 80 sexually explicit images of prepubescent minors being sexually abused.
This case is the product of an investigation by the Bakersfield Office of the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the California Department of Corrections and Rehabilitation with assistance from the U.S. Marshals Service. Assistant U.S. Attorney Brian W. Enos is prosecuting the case.
If convicted, Reyes faces a penalty of 15 to 40 years in prison and a $250,000 fine for the receipt of child pornography charge, as well as 10 to 20 years in prison for possession of child pornography. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Attorney General Sessions Announces Creation of National Public Safety Partnership to Combat Violent CrimeRead the Press Release
As the Department of Justice continues its efforts to fulfill President Trump’s commitment to reducing violent crime in America, Attorney General Jeff Sessions announced today that 12 cities are joining the Department’s newly organized National Public Safety Partnership (PSP). The announcement came during the opening session of a national summit organized by the Attorney General’s Task Force on Crime Reduction and Public Safety. The summit convened federal, state and local law enforcement to discuss how to support and replicate successful local violent crime reduction efforts.
A list of the cities is posted at www.nationalpublicsafetypartnership.org.
“Turning back the recent troubling increase in violent crime in our country is a top priority of the Department of Justice and the Trump Administration, as we work to fulfill the President’s promise to make America safe again,” said Attorney General Sessions. “The Department of Justice will work with American cities suffering from serious violent crime problems. There is no doubt that there are many strategies that are proven to reduce crime. Our new National Public Safety Partnership program will help these communities build up their own capacity to fight crime, by making use of data-driven, evidence-based strategies tailored to specific local concerns, and by drawing upon the expertise and resources of our Department.”
The Justice Department created PSP and the task force in response to President Trump’s February 9, 2017, Executive Order charging the agency with leading a national effort to combat violent crime. The partnership provides a framework for enhancing federal support of state, local and tribal law enforcement officials and prosecutors as they aggressively investigate and pursue violent criminals, specifically those involved in gun crime, drug trafficking and gang violence.
Twelve sites have been selected to receive this significant assistance:
- Birmingham, Alabama
- Indianapolis, Indiana
- Memphis, Tennessee
- Toledo, Ohio
- Baton Rouge, Louisiana
- Buffalo, New York
- Cincinnati, Ohio
- Houston, Texas
- Jackson, Tennessee
- Kansas City, Missouri
- Lansing, Michigan
- Springfield, Illinois
We anticipate announcing additional sites this calendar year.
The Justice Department agencies involved in PSP are the United States Attorneys’ Offices, Office of Justice Programs; the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Marshals Service; the Drug Enforcement Administration; the Office on Violence Against Women; and the Office of Community Oriented Policing.
For more information about the Department of Justice’s work to reduce violent crime and enhance public safety:
Attorney General Announces Crime Reduction and Public Safety Task Force
Attorney General Sessions Directs Federal Prosecutors to Target Most Significant Violent Offenders
Attorney General Jeff Sessions Announces New Initiatives to Advance Forensic Science and Help Counter the Rise in Violent Crime
Attorney General Jeff Sessions Announces New Actions to Support Law Enforcement and Maintain Public Safety in Indian Country
Department of Justice Releases Report Detailing the Prosecutions of Transnational Criminal Organizations and their Subsidiaries
Attorney General Sessions Issues Charging and Sentencing Guidelines to Federal Prosecutors
"Despicable" Actions Lead to 24 Months in Prison for Former High School PhotographerRead the Press Release
LITTLE ROCK—Patrick C. Harris, Acting United States Attorney for the Eastern District of Arkansas, and Raymond R. Parmer, Jr., special agent in charge of Homeland Security Investigations New Orleans, announced today that Christian Trey Ashcraft, 42, of Pine Bluff, the owner of Ashven photography and a former high school photographer in the Pine Bluff, Arkansas area, was sentenced to 24 months’ imprisonment for internet stalking.
On January 5, 2016, a federal Grand Jury returned an indictment charging Ashcraft with one count of lying to a federal agent and one count of internet stalking. On February 22, 2017, Ashcraft pleaded guilty to internet stalking. Ashcraft’s conduct spanned from January 2005 to December 2014.
Today, United States District Judge Kristine G. Baker sentenced Ashcraft to 24 months’ imprisonment, three years of supervised release, and a $1,000 fine. In sentencing Ashcraft, Judge Baker told Ashcraft that only one word could describe his almost decade-long actions—“despicable.” The sentence of 24 months was the top end of the advisory federal sentencing guideline range for this crime.
“Ashcraft’s sentence shows that people who commit cowardly acts behind a computer screen will be identified and prosecuted,” Harris said. “I agree with the Court that Ashcraft’s conduct was despicable, and he is now being held accountable for using the internet to torment a young, innocent victim.”
At his change of plea hearing on February 22, 2017, Ashcraft admitted to using the e-mail account [email protected] to send sexually explicit photographs of an adult female he was pretending to be—referred to in the Indictment as J.D.—to several individuals over a significant period of time. Agents then discovered the identity of J.D. and subsequently interviewed her.
During the interview, J.D., who is now in her mid-twenties, disclosed that she met an individual who identified himself as “Chad Reynolds” on a website known as hotornot.com when she was 15-years-old. Between the times J.D. was 15- and 22-years-old, “Chad Reynolds” and J.D. engaged in an online relationship without J.D. ever seeing “Chad Reynolds” in person. J.D. admitted to sending “Chad Reynolds” sexually explicit photographs of herself while she was a minor.
J.D. explained to investigators that after she turned 18, “Chad Reynolds” asked her to take part in a photo shoot at a local hotel. Upon arrival at the hotel, “Chad Reynolds” was not there, but Ashcraft, posing as a photographer friend of “Chad Reynolds,” told J.D. that “Chad” wanted her to start the photo shoot without him. During the photo shoot, the photographer had J.D. take multiple sexually explicit photographs. J.D. identified a photograph of Christian Trey Ashcraft as the photographer.
Soon after the photo shoot, J.D. ended her online relationship with “Chad Reynolds.” After J.D. ended her online relationship, the sexually explicit photographs taken from the hotel room were sent to multiple acquaintances of J.D. from an individual purporting to be J.D. via the [email protected] account.
Ashcraft later admitted to being the user of [email protected] and sending the sexually explicit images of J.D., while pretending to be her. A search of Ashcraft’s computer revealed approximately 800 images of J.D., many of which were sexually explicit.
During the investigation, agents learned that Ashcraft communicated via [email protected] with multiple individuals while he posed as young teenage girls.
This investigation was conducted by the Arkansas State Police and HSI. It is being prosecuted by Assistant United States Attorney Kristin Bryant.
Monday 19 June 2017
Woman Pleads Guilty to Medicaid, Social Security, and Food Stamp FraudRead the Press Release
RICHMOND, Va. – A Fredericksburg woman pleaded guilty today to executing several fraud schemes that resulted in a loss of approximately $245,000 to the United States.
According to the statement of facts filed with the plea agreement, Raven M. Zaal, 39, is the mother of a disabled child and the owner of an in-home daycare center in Fredericksburg. Due to her child’s disability, Zaal was able to obtain Medicaid-funded home health aides for her daughter’s personal and respite care from 2011 to 2016, totaling nearly $218,000. Approximately 13 of these aides, however, were really working in Zaal’s daycare center, Raven’s Childcare Connections, while while being paid with Medicaid money intended for the benefit of Zaal’s child. Zaal also defrauded the Social Security Administration by misrepresenting her income to receive $14,665 in SSI benefits on behalf of the disabled daughter. Finally, she similarly defrauded the Food Stamp Program (Supplemental Nutrition Assistance Program) of $14,784 by concealing her income eligibility.
Zaal pleaded guilty to health care fraud, and two counts of theft of government funds. She faces a maximum penalty of 10 years in prison when sentenced on September 22. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Mark R. Herring, Virginia Attorney General; Adam S. Lee, Special Agent in Charge of the FBI’s Richmond Field Office; and Michael McGill, Special Agent-in-Charge, Social Security Administration Office of the Inspector General, made the announcement after U.S. District Judge John A. Gibney, Jr., accepted the plea. Assistant U.S. Attorney David T. Maguire and Special Assistant U.S. Attorneys David W. Tooker and Patrick A. McDade are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-48.
Wilkes-Barre Man Sentenced to 13 Months for Conspiring to Distribute HeroinRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Judge A. Richard Caputo sentenced Davon Beckford, age 23, of Wilkes-Barre, Pennsylvania on June 16, 2017, to a time-served sentence of 13 months of imprisonment, for conspiring to distribute heroin.
According to United States Attorney Bruce D. Brandler, Beckford pleaded guilty to conspiring to distribute heroin in February and March 2016. Beckford was charged with five other individuals in May 2016. Beckford was subject to a sentencing enhancement because his offense involved the possession of a firearm.
The matter was investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives, and by the Luzerne County Drug Task Force. The case was prosecuted by Assistant United States Attorney Phillip J. Caraballo.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Wheeling man indicted on failure to update his sex offender registryRead the Press Release
WHEELING, WEST VIRGINIA - A Wheeling man was arraigned today on a charge of failing to update his sex offender registration after being indicted by a federal grand jury in Wheeling on June 6, 2017, Acting United States Attorney Betsy Steinfeld Jividen announced.
Jeremy Crinkey, age 40, was indicted on one count of “Failure to Update Registration as a Sex Offender.” Crinkey, having previously being convicted of Possession of Child Pornography in U.S. District Court, Northern District of West Virginia, allegedly failed to update his registry to his North 8th Street, Wheeling, address. The crime is alleged to have occurred from March 17, 2017 to May 30, 2017 in Ohio County.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The United States Marshal Service is investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Magistrate Judge James E. Seibert presided.
West Des Moines Man Pleads Guilty to Providing False Documents during Civil False Claims Act Investigation and Agrees to Pay Almost $900,000 to Resolve the Civil InvestigationRead the Press Release
A durable medical equipment store owner who provided false documents to the United States Attorney’s Office during a civil False Claims Act investigation pled guilty today in federal court in Cedar Rapids.
James O’Connor, 64, from West Des Moines, Iowa, was convicted of one count of Making and Using False Documents, in violation of 18 U.S.C. § 1001(a)(3).
In a plea agreement, O’Connor, who operated O’Connor Medical Supply, Inc., in Clive, agreed that he provided a false document to the United States Attorney’s Office in response to a Civil Investigative Demand the office issued in conjunction with a civil False Claims Act investigation. Specifically, O’Connor admitted to providing a false Letter of Medical Necessity intended to conceal the fact that he previously submitted a claim to Medicare for a more complex and more expensive orthotic device than what he actually provided to a Medicare beneficiary. O’Connor further admitted that, for purposes of sentencing, he caused nearly $350,000 in loss.
O’Connor also entered into a settlement agreement to resolve the United States’ civil False Claims Act investigation. As part of that investigation, the United States alleged that O’Connor submitted claims to Medicare and Medicaid for four more expensive models of durable medical equipment than what he actually provided to beneficiaries: ankle foot orthoses, walking boots, knee braces, and wrist finger orthoses. O’Connor agreed to pay $898,523.08 to resolve these allegations.
In addition, because a private citizen, known as a relator, filed a tam, or whistleblower, lawsuit raising the civil allegations, O’Connor agreed to pay the relator’s law firm an additional $51,476.92 in fees. The relator is also entitled to receive $224,630.77 (25%) of the nearly $900,000 recovery pursuant to the tam provisions of the False Claims Act. Those provisions permit private individuals with knowledge of wrongdoing to bring suit on behalf of the government for false claims and share in any recovery.
“This result shows that our office will use every available tool to ensure Medicare and Medicaid beneficiaries receive the care to which they are entitled and government funds are well spent,” said Acting United States Attorney Sean R. Berry. “Our office encourages citizens to report fraudulent conduct by health care providers to help us ensure fair and efficient health systems throughout the district. Targets of those investigations are on notice that we will not tolerate any dishonesty or fraudulent activity during the course of an investigation.”
Steve Hanson, Special Agent in Charge, United States Department of Health and Human Services, Office of Inspector General, Kansas City Region, stated, “In order to protect our Medicare and Medicaid programs from unscrupulous health care providers, our office will continue to work with our law enforcement partners to pursue those who overbill our programs for services they did not provide to our beneficiaries.”
This case is one of more than 20 monetary settlements reached with health care providers by the United States Attorney’s Office for the Northern District of Iowa since June 2013. It is also the second successful resolution of a qui tam lawsuit during this period. In both instances private parties shared in the government’s recovery.
For the criminal matter, sentencing before United States District Court Judge Linda R. Reade will be set after a presentence report is prepared. O’Connor remains free on bond previously set. O’Connor faces a possible maximum sentence of 5 years’ imprisonment; a fine equal to the greater of twice the gross gain to defendant resulting from the offense, twice the gross loss resulting from the offense, or $250,000; a $100 special assessment; and 3 years of supervised release following any imprisonment.
The criminal case is being prosecuted by Assistant United States Attorney Timothy Vavricek, and the civil matter was handled by Assistant United States Attorney Jacob Schunk. The case was investigated by the United States Department of Health and Human Services, the Federal Bureau of Investigation, and the State of Iowa’s Medicaid Fraud Control Unit.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-39.
Follow us on Twitter @USAO_NDIA.
Union County Man Sentenced to Six Years on Child Pornography ChargesRead the Press Release
CHARLOTTE, N.C. – Sean C. Hammond, 29, of Monroe, N.C. was sentenced today by U.S. District Judge Max O. Cogburn, Jr. to 72 months in prison on child pornography charges, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Hammond was also ordered to serve a lifetime of supervised release and to register as a sex offender.
Nick Annan, Special Agent in Charge of ICE/Homeland Security Investigations (HSI) in Georgia and the Carolinas joins U.S. Attorney Rose in making today’s announcement.
According to court documents and information introduced at the sentencing hearing, on March 27, 2015, law enforcement became aware that an individual, later identified as Hammond, was sharing child pornography on the Internet using a peer-to-peer network. During subsequent searches, law enforcement seized Hammond’s electronic devices, including a computer and a cellphone. Forensic analyses of those devices revealed that Hammond possessed more than 700 images and 67 videos of child pornography, some of which depicted prepubescent minors engaging in sexual conduct.
Hammond pleaded guilty in November 2016 to one count of receipt and one count of possession of child pornography. He is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
U.S. Attorney Rose thanked HSI for their investigation of this case. Assistant U.S. Attorney Kimlani Ford of the U.S. Attorney’s Office in Charlotte was in charge of the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice, aimed at combating the growing online sexual exploitation of children. By combining resources, federal, state and local agencies are better able to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue those victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
Topeka Man Pleads Guilty to Robbery at Casey’s General StoreRead the Press Release
WICHITA, KAN. - A Topeka man pleaded guilty Monday to robbing a Casey’s General Store, U.S. Attorney Tom Beall said.
Maroleno Devon Ryland, 34, Topeka, Kan., pleaded guilty to as charged to one count of commercial robbery. On Feb. 2, 2017, an employee of Casey’s General Store at 600 S.E. Rice Road in Topeka reported a man with a gun threatened to kill him unless he turned over store deposits he was taking to the bank. Soon after the robbery, a Topeka police officer saw Ryland and co-defendant Christopher Allen Bush, 26, Topeka, Kan., sitting in a vehicle together. Later, police stopped another car in which Ryland was a passenger. They arrested Ryland and seized cash from the robbery.
Co-defendant Bush is set for a change of plea hearing June 26.
Sentencing is set for Sept. 18. He faces up to 20 years in federal prison and a fine up to $250,000. Beall commended the FBI, the Topeka Police Department and Assistant U.S. Attorney Jared Maag for their work on the case.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Three Lake City Residents Plead Guilty to Narcotics and Firearms ChargesRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces that Lake City residents Latoshia Nicole Shade (41), James Terrence White (36), and Willie Lee Simmons, Jr. (31) have pleaded guilty to federal narcotics and firearms charges. Shade pleaded guilty to possessing ammunition as a convicted felon and to distributing cocaine. She faces a maximum penalty of 10 years in federal prison for the ammunition offense and up to 20 years’ imprisonment for the drug distribution charge. White pleaded guilty to possessing with the intent to distribute cocaine, possessing with the intent to distribute crack cocaine, and maintaining a place for the purpose of distributing drugs; he faces up to 20 years in federal prison on each count. And, Simmons pleaded guilty to possessing a firearm as convicted felon and faces a maximum penalty of 10 years in federal prison.
According to the plea agreements, in the fall of 2016, Shade was introduced to an undercover agent from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). On December 8, 2016, she sold a box of ammunition and approximately one ounce of cocaine to that agent. Shade had obtained the cocaine from White, who operated a barbecue stand in Lake City, Florida. Shade and White sold approximately one ounce of cocaine to the undercover agent on two additional occasions.
On February 2, 2017, law enforcement officers executed a search warrant at a shed adjacent to White’s barbecue stand and found that he was using the shed to store cocaine and crack cocaine, as well as narcotics manufacturing and packaging equipment. Officers recovered $2,975 in cash from the shed and $5,623 from White.
Shade also had introduced a person to Simmons who, unbeknownst to her, was a confidential informant (CI) working for ATF. In November 2016, Simmons sold Alpha-PVP, also known as “flakka” or “gravel,” to the CI on two occasions. On November 8, 2016, Simmons sold a .357 caliber revolver to the CI and, a few weeks later, he informed the CI that he had a second firearm to sell. The CI introduced Simmons to the undercover agent and, the next day, Simmons sold the agent a.40 caliber semiautomatic handgun.
At the time of the offenses, Shade and Simmons both had prior felony convictions and were therefore prohibited from possessing firearms or ammunition under federal law. Shade’s previous felony convictions include aggravated assault with a deadly weapon, retaliating against a witness, and sale of cocaine. Simmons had a prior felony conviction for assault with a deadly weapon.
These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives in conjunction with the Columbia County Sheriff’s Office and the Lake City Police Department. The cases are being prosecuted by Assistant United States Attorney Laura Cofer Taylor.
These cases are being 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.
Three Defendants Indicted in One of Nation’s Largest-Ever Fentanyl SeizuresRead the Press Release
Assistant U.S. Attorney Jarad E. Hodes (619) 546-7432
NEWS RELEASE SUMMARY – June 19, 2017
SAN DIEGO – A long-term investigation by the U.S. Drug Enforcement Administration has led to one of the nation’s largest seizures of the deadly synthetic opiate fentanyl and a federal indictment against three alleged traffickers.
According to the indictment unsealed today, Jonathan Ibarra, Hector Fernando Garcia and Anna Baker are charged with possession of 44.14 kilograms of fentanyl with the intent to distribute. Most of the fentanyl was seized from a house in Lemon Grove.
According to a search warrant affidavit, the defendants discussed the transportation of a then-unidentified controlled substance. On November 30, 2016, Ibarra received instructions to have a female courier, later identified as Baker, transport the narcotics in three separate trips on consecutive days.
Based on this information, agents requested a traffic stop of Baker’s rented vehicle and seized about 15 kilograms of a substance later determined to be fentanyl. Law enforcement officers then obtained a search warrant for Baker’s residence, where they found about 30 additional kilograms of the same substance.
Drug traffickers use the pure fentanyl powder to increase the potency of heroin or to manufacture counterfeit opioid painkillers that resemble oxycodone. Due to fentanyl’s extreme potency - up to 50 times stronger than heroin - deaths from fentanyl-laced heroin and counterfeit pills are epidemic in the United States. Considering that just 3 milligrams is enough to kill an adult male, the 44.14 kilogram seizure represents over 14 million lethal doses. The attached photo, prepared by the San Diego County Medical Examiner, shows the lethal dose of fentanyl on a penny.
The defendants were arraigned on the indictment today before U.S. Magistrate Judge Barbara L. Major.
This case is also the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
*The charges and allegations contained in the indictment are merely accusations, and the defendants are considered innocent unless and until proven guilty.
DEFENDANTS
Jonathan Ibarra Age: 45 Lemon Grove, California
Hector Fernando Garcia Age: 46 San Diego, California
Anna Baker Age: 30 Lemon Grove, California
SUMMARY OF CHARGES
Possession of Fentanyl with Intent to Distribute – Title 21, U.S.C., Section 841(a)(1)
Maximum penalty: Life in prison and $10,000,000 fine
AGENCY
United States Drug Enforcement Administration
Texas man indicted on firearm chargeRead the Press Release
WHEELING, WEST VIRGINIA - A Houston, Texas man was arraigned today on an illegal firearm charge after being indicted by a federal grand jury in Wheeling on June 6, 2017, Acting United States Attorney Betsy Steinfeld Jividen announced.
Corey Letroit Joseph Riggs, age 40, was indicted on one count of “Unlawful Possession of a Firearm.” Riggs, having previously being convicted of a felonies in the Circuit Court of Harris County, Texas, was allegedly in possession of .40 caliber Glock pistol. The crime is alleged to have occurred April 2017 in Ohio County.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wheeling Police Department are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Magistrate Judge James E. Seibert presided.
Tax Preparers and Recruiter Who Preyed on Immigrants Sentenced to PrisonRead the Press Release
Assistant U.S. Attorney Joseph J.M. Orabona (619) 546-7951
NEWS RELEASE SUMMARY – June 19, 2017
SAN DIEGO – Two local tax preparers and their recruiter were sentenced today in federal court to 30 months in prison for their involvement in a tax preparation scam that resulted in the filing of hundreds of false returns, the theft of dozens of victims’ personal information and the receipt of more than $882,000 in bogus federal income tax refunds.
U.S. District Judge Roger T. Benitez sentenced Rahim Ali Cummings and Rashad Abdul-Rahim for conspiring to commit mail fraud, file false claims for tax refunds, fraudulent use of a Social Security number (SSN) and aggravated identity theft; Ebrahim Ashamu was sentenced for filing false claims for tax refunds and aggravated identity theft. Each of the defendants has been in custody since last year.
As detailed in their plea agreements, between September 2011 and September 2012, Cummings and Ashamu prepared and filed the false tax returns out of their businesses in El Cajon, California, and employed the services of Abdul-Rahim to recruit customers and obtain stolen identities. Abdul-Rahim solicited and obtained the personal identifying information from the victims using false pretenses, such as informing the victims they could obtain “free” government money from alleged grant and senior programs, and concealing the fact that their personal information would be used to file false tax returns.
Abdul-Rahim then provided Cummings and Ashamu with the personal information of the victims, which they used to prepare and file the false tax returns with the Internal Revenue Service (IRS). An investigation by IRS, Criminal Investigation and the United States Secret Service showed that Cummings, Ashamu, and Abdul-Rhaim defrauded customers from their ethnic community, many of whom were immigrants from countries such as Somalia and Nigeria who knew very little, if anything, about the United States tax laws.
Cummings, Ashamu, and Abdul-Rahim did not shy away from personally profiting from their fraudulent scheme. Each defendant directed the fraudulent tax refunds to be deposited into bank accounts under their control and ordered U.S. Treasury checks to be mailed to addresses under their control. In particular, Cummings received approximately $470,042 in fraudulent refunds deposited into bank accounts he controlled. Ashamu received approximately $367,631. Abdul-Rahim received approximately $44,937 in fraudulent refunds and additional cash payments from Cummings and Ashamu for providing the victims’ personal information. As a result of their crimes, Cummings, Ashamu and Abdul-Rahim caused approximately $882,610 in losses to the IRS. Each defendant has been ordered to make full restitution to the IRS for the total amount of false refunds they each received.
Following today’s sentencing hearing, Cummings, Ashamu, and Abdul-Rahim will be permanently enjoined from preparing or filing federal income tax returns for anyone other than themselves. A civil complaint will be filed against them, and a permanent injunction will be entered to prevent Cummings, Ashamu and Abdul-Rahim from acting as a tax preparer in the future.
“This type of fraud increases the burden on honest taxpayers and negatively impacts honest citizens’ confidence in our tax system,” said Acting U.S. Attorney Alana W. Robinson. “The combination of tax fraud and identity theft continues to be a challenging law enforcement problem. Unscrupulous tax preparers and their associates should take notice: if you defraud the IRS and unsuspecting members of the public, law enforcement will bring you to justice and seek to hold you accountable.”
“Today, justice is served, and these three individuals are being held accountable for their criminal actions,” stated R. Damon Rowe, Special Agent in Charge for IRS Criminal Investigation. “IRS special agents work diligently to identify and bring to prosecution those who use taxpayer’s personal identifying information to file fraudulent tax returns. It’s a matter of maintaining public confidence in the integrity of the U.S. tax system and protecting the identities of those we serve.”
“Identity theft and the unauthorized use of individuals’ personal identifying information continues to impose significant financial harm to American citizens and businesses,” said David J. Murray, Special Agent-in-Charge of the San Diego Field Office of the Secret Service. “The sentences imposed today should be a reminder that the United States Secret Service will continue to collaborate with its law enforcement partners and the United States Attorney’s Office to arrest and prosecute criminals who take advantage of innocent victims for their own economic gain.”
The public is reminded that tax-related identity theft occurs when someone uses your stolen SSN (or the SSN of a dependent) to file a tax return claiming a fraudulent refund. If your SSN is compromised and you know or suspect you are a victim of tax-related identity theft, the IRS recommends these additional steps:
• Respond immediately to any IRS notice; call the number provided.
• Complete IRS Form 14039, Identity Theft Affidavit, if your e-filed return is rejected because of a duplicate filing under your SSN. Attach the competed form to your return and mail according to instructions.
• Continue to pay your taxes and file your tax return, even if you must do so by paper.
• If you previously contacted the IRS and did not have a resolution, you may contact them for specialized assistance at 1-800-908-4490.
Link: The link to IRS Form 14039 = https://www.irs.gov/pub/irs-pdf/f14039.pdf
DEFENDANTS Criminal Case No. 16CR0768-BEN
Rahim Ali Cummings Age: 47 Detroit, Michigan
Ebrahim Ashamu Age: 58 El Cajon, California
Rashad Abdul-Rahim Age: 46 El Cajon, California
CHARGES THAT DEFENDANTS CUMMINGS AND ABDUL-RAHIM SENTENCED ON:
Count 1 – Title 18, United States Code, Section 286 B Conspiracy to Commit Mail Fraud, File False Claims, Fraudulently Use a Social Security Number of Another, and Aggravated Identity Theft
Maximum penalties: 5 years in prison, $250,000 fine, 3 years of supervised release.
CHARGES THAT DEFENDANT ASHAMU SENTENCED ON:
Count 33 – Title 18, United States Code, Section 287 B Filing False, Fictitious and Fraudulent Claims
Maximum penalties: 5 years in prison, $250,000 fine, 3 years of supervised release.
Count 56 – Title 18, United States Code, Section 1028A – Aggravated Identity Theft
Maximum penalties: Mandatory 2-year sentence, to be served consecutive to any other prison term, $250,000 fine, 3 years of supervised release.
INVESTIGATING AGENCIES
Internal Revenue Service-Criminal Investigation
United States Secret Service
Taft Resident Sentenced to over 7 Years in Prison for Running Marijuana Cultivation Operations in the Sequoia National ForestRead the Press Release
FRESNO, Calif. — U.S. District Judge Dale A. Drozd sentenced Juan Penaloza-Ramirez (Penaloza), 46, a native and citizen of Michoacán, Mexico, residing in Taft, today to seven years and three months in prison for conspiring to manufacture, distribute and possess with intent to distribute marijuana that was grown at three separate marijuana cultivation sites in the Sequoia National Forest, U.S. Attorney Phillip A. Talbert announced.
In sentencing Penaloza, Judge Drozd ordered the forfeiture of the seized cash, firearms and ammunition seized during the investigation, and he ordered Penaloza to pay $10,198 in restitution to the U.S. Forest Service for the damage to public land and natural resources caused by his cultivation activities.
Penaloza’s sentence follows his guilty plea earlier this year. According to court documents, Penaloza employed growers, deliverymen, and others to cultivate marijuana in Tulare and Kern Counties in the Sequoia National Forest. The grow sites were located at Fay Creek and Brush Creek, tributaries of the Kern River, and the Needles, a series of massive granite rock formations near the North Fork of the Kern River. Every winter, Penaloza traveled to Mexico to recruit people to grow marijuana on public lands in the United States.
At the Fay Creek grow site, law enforcement officers seized 3,151 marijuana plants. Springs were dammed and diverted to irrigate the marijuana plants and large amounts of trash were scattered throughout, including in a flowing stream.
The Brush Creek grow site contained 2,719 marijuana plants. To make room for the marijuana plants, the growers had eradicated new vegetation and trees that sprouted after the 2002 McNally Fire. Law enforcement officers found large piles of trash stuffed between boulders and buried along a stream. The officers also found toxic pesticides and fertilizers spread throughout the 10-acre site.
The Needles grow site contained 2,608 marijuana plants. In addition to the presence of toxic chemicals and waste, officers found that the water source for the marijuana plants was a spring that drains into the Upper Kern River.
Law enforcement officers also seized marijuana cultivation equipment and supplies, over $7,000 in cash, 16 firearms and over 2,000 rounds of ammunition during follow-up searches of the residences of Penaloza and co-defendant Russell Lee Riggs, 69, of Weldon, another supplier to the Fay Creek site. Riggs pleaded guilty last week and is scheduled for sentencing on September 11, 2017.
This case is the product of an investigation by the U.S. Forest Service, the U.S. Drug Enforcement Administration (DEA), the Bureau of Land Management, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Southern Tri-County High Intensity Drug Trafficking Area (HIDTA) task force, the California Department of Justice’s Campaign Against Marijuana Planting (CAMP), and the Kern County Sheriff’s Office. Assistant United States Attorney Karen Escobar is prosecuting the case.
Swanzey Man Sentenced to 42 Months in Federal Prison for Possessng Child PornographyRead the Press Release
CONCORD, N.H. – Dale Edson, 30, of Swanzey, New Hampshire, was sentenced to serve 42 months in federal prison for possessing child pornography, announced Acting United States Attorney John J. Farley.
According to court documents and statements in court, law enforcement received information in July 2015 that potential child pornography images had been uploaded to a cloud storage service from a phone number associated with Edson. After establishing that the phone number was used by Edson, law enforcement obtained a search warrant for Edson’s residence. On September 9, 2015, the police executed the warrant and, based on a preliminary forensic review conducted at the residence, seized three computers and other devices. A forensic examination of two laptop computers established that images of child pornography were found on each computer. An examination of a tablet used by Edson established that images of child pornography were found on the tablet.
Edson pleaded guilty to possessing child pornography in March. After he is released from prison, Edson will be on supervised release for five years.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Hinsdale Police Department and the Department of Homeland Security, Homeland Security Investigations, with assistance from the Swanzey Police Department, the Bedford Police Department, the Nashua Police Department, the Portsmouth Police Department, the Rochester Police Department, and the Interstate Crimes Against Children Task Force. The case was prosecuted by Assistant U.S. Attorney Donald Feith.
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Springfield Church Music Director Indicted for Child PornographyRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced today that the former music director of a Springfield, Mo., church has been indicted by a federal grand jury for receiving and distributing child pornography over the Internet.
Craig A. Wieneke, 31, of Springfield, was charged in an indictment returned under seal by a federal grand jury in Springfield on June 13, 2017. That indictment was unsealed and made public today upon Wieneke’s arrest and initial court appearance. Wieneke remains in federal custody pending a detention hearing.
The federal indictment alleges that Wieneke received and distributed child pornography over the Internet between Nov. 10, 2016, and April 4, 2017. Wieneke was the music director at Ridgecrest Baptist Church in Springfield at the time of the alleged offense.
Larson cautioned that the charge contained in this indictment is simply an accusation, and not evidence of guilt.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by the FBI, the Springfield, Mo., Police Department and the Greene County, Mo., Sheriff’s Department.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Spencer woman sentenced to federal prison for defrauding the United WayRead the Press Release
CHARLESTON, W.Va. – A Spencer woman was sentenced today to six months in federal prison for defrauding the United Way, announced United States Attorney Carol Casto. Rhonda Kelley Conrad, 49, previously pleaded guilty to credit card fraud. She was also ordered to pay a $3,000 fine and $10,684.99 in restitution to the United Way of Central West Virginia.
Conrad admitted that while she worked for the United Way of Central West Virginia in Charleston, she took a number of company credit cards and fraudulently charged goods and services for herself. From June to December of 2014, she admitted that she charged more than $6,000 in goods and services that she was not entitled to receive. Conrad further admitted that she used the credit cards to pay bills and to charge goods at stores such as Kmart and Sam’s Club. Additionally, Conrad admitted that she set up false accounts within the United Way electronic payment system. Conrad used these false accounts to fraudulently transfer more than $4,000 to her personal bank account. Conrad admitted that she had no authorization to use the credit cards or to electronically transfer the money from the United Way.
The Federal Bureau of Investigation and the Charleston Police Department conducted the investigation. Assistant United States Attorney Erik S. Goes is in charge of the prosecution. United States District Judge Joseph R. Goodwin imposed the sentence.
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Simpson County, Kentucky Resident Guilty of Making and Possessing Illegal Firearms (Molotov Cocktails)Read the Press Release
BOWLING GREEN, Ky. – United States Attorney John E. Kuhn, Jr. today announced the guilty plea of a Simpson County, Kentucky resident, to charges of making and possessing illegal firearms, commonly known as Molotov cocktails, before United States District Judge Greg N. Stivers, on Friday, June 16, 2017, in United States District Court.
Trey Alexander Gwathney-Law, 20, of Franklin, Kentucky, pleaded guilty to counts one and two of a superseding indictment and was remanded to the custody of the United States Marshal Service pending sentencing on October 11, 2017, in Bowling Green.
In court Friday, Gwathney-Law admitted to making and possessing five illegal firearms.
Specifically, according to the plea agreement, on September 27, 2015, Gwathney-Law knowingly made five illegal firearms. All were made using glass bottles. Four of the bottles (one Mountain Dew, one Sprite, and two Dr. Pepper) contained a dark gas/oil mixture liquid with a cloth wick stuffed in the bottle opening. Commonly referred to as a Molotov cocktail. A fifth, illegal firearm was made using a glass Root Beer bottle and contained a dark gas/oil mixture liquid with a piece of green pyrotechnic fuse attached to the opening with an epoxy sealant. The bottle contained a silver CO2 cartridge in the top of the bottle, under the pyrotechnic fuse. The CO2 cartridge contained explosive powder and small pieces of paper which appeared to have been soaked in the same flammable liquid found inside the bottle. Commonly referred to as a Molotov cocktail. Further, Gwathney-Law admitted to possessing the illegal firearms.
At sentencing, the United States will move to dismiss counts three and counts four of the superseding indictment and agree that a sentence of 20 years, followed by a three year period of supervised release is the appropriate disposition in this case.
This case is being prosecuted by Assistant United States Attorney Jo Lawless and is being investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Kentucky State Police (KSP) and the Franklin, Kentucky Police Department.
gwathney-law_plea_agreement_1.pdfSilver Spring Sex Offender Sentenced to 25 years in Federal Prison for Production of Child PornographyRead the Press Release
June 19, 2017
FOR IMMEDIATE RELEASE Contact Elizabeth Morse
www.justice.gov/usao/md at (410) 209-4885Greenbelt, Maryland – On June 19, 2017, U.S. District Judge Paul W. Grimm sentenced Clarence Henry Andrews, age 28, of Silver Spring, Maryland, to 25 years in prison, followed by lifetime supervised release, for production of child pornography.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Chief J. Thomas Manger of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.
Andrews is a registered sex offender as a result of a 2011 conviction in Prince George’s County Circuit Court for fourth degree sex offense and second degree assault, in connection with his abuse of a nine-year-old boy in the bathroom of a church located in Laurel, Maryland.
According to his plea agreement, in March 2015, Andrews communicated with an 11-year-old male residing in Georgia, via a video game system, Skype, FaceTime, text messages, and telephone. During the course of the communications, Andrews promised to provide the male minor with Advanced Warfare, a video game, in exchange for sexually explicit images and videos of the victim. At times, Andrews invoked religion in order to persuade the minor to produce and share sexually explicit images and videos. Andrews admitted that between approximately 2013 and April 2015, Andrews – using similar means and pattern of conduct – attempted to coerce at least eight additional victims aged 16 and younger to produce images and videos of sexually explicit conduct.
In addition, Andrews admitted that between April 2013 and October 2014, Andrews befriended, through church, a family with an eight-to-nine-year-old female and a seven-to-eight-year-old male, residing in Maryland. Andrews visited the family’s home on several occasions. On one occasion Andrews took the female victim to a downstairs bathroom in the home, told her he would give her cash if she pulled down her pants, and touched and photographed the child’s buttocks. On other occasions while visiting the family, Andrews took the male victim to the downstairs bathroom, engaged in sexual conduct and photographed the child’s buttocks. In January 2017, Andrews was sentenced to a total of ten years imprisonment in Montgomery County Circuit Court for this conduct.
Also as part of his plea agreement, Andrews will be required to continue to register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
Acting United States Attorney Stephen M. Schenning commended the FBI, Montgomery County Police Department, and Montgomery County State’s Attorney’s Office for their work in the investigation, and thanked the Georgia Bureau of Investigation and the Butts County, Georgia, District Attorney’s Office for their assistance. Mr. Schenning thanked Assistant U.S. Attorneys Nicolas A. Mitchell and Menaka S. Kalaskar, who are prosecuting the federal case.
Rutherford County Man Sentenced to Twenty Years in Prison for Crack and Firearms OffensesRead the Press Release
CHATTANOOGA, Tenn. – On June 19, 2017, Allen Carney, 30, of Murfreesboro, Tennessee, was sentenced to serve 240 months in prison by the Honorable Harry S. Mattice, Jr., U.S. District Judge. Following a March 2017 jury trial, Carney was convicted of possession with intent to distribute crack cocaine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm.
Upon his release from prison, Carney will be supervised by the U.S. Probation Office for six years. His sentence was enhanced based on four prior drug trafficking convictions.
According to evidence at Carney’s trial, 5.65 grams of crack cocaine, digital scales, and a loaded Glock, Model 27, .40 caliber semi-automatic pistol were seized from the master bedroom of a residence where he was arrested at in March 2016. Carney admitted the crack cocaine and firearm were his. Two young children were present at the residence when he was arrested.
U.S. Attorney Nancy Stallard Harr said, “Carney’s sentence reflects the danger and risk of harm his conduct posed to society. Drug trafficking is an inherently dangerous activity and the combination of drugs and guns substantially increases the risk of physical harm to others.”
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division commented on the investigation, “Today we have removed a dangerous criminal from the streets. This crack dealer will no longer be able to deliver deadly doses of poison to the community. This investigation was a success because of the great working relationship that DEA has with its federal, state and local counterparts.”
The indictment and subsequent conviction of Carney was the result of an investigation conducted by the 17th Judicial Drug Task Force and Drug Enforcement Administration. Assistant U.S. Attorney Michael D. Porter represented the United States.
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Rochester Man Sentenced for Committing Seven Bank RobberiesRead 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 Khiry T. Aiken, 27, of Rochester, NY, who was convicted of bank robbery, was sentenced to 71 months in prison by U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Brett A. Harvey, who handled the case, stated that the defendant admitted to robbing three federal credit unions and four banks in the Rochester and Buffalo, NY areas in 2016. Specifically, Aiken admitted to robbing the following financial institutions on the following dates:
• Advantage Federal Credit Union, 1625 Mt. Hope Avenue, Rochester, on April 16, 2016;
• Key Bank, 1475 Mt. Hope Avenue, Rochester, on May 25, 2016;
• First Niagara Bank, 1989 Clinton Street, Buffalo, on August 9, 2016;
• Summit Federal Credit Union, 1660 Monroe Avenue, Brighton, on August 15, 2016;
• Northwest Savings Bank, 3517 Union Road, Cheektowaga, on August 24, 2016;
• Advantage Federal Credit Union, 1625 Mt. Hope Avenue, Rochester, on August 29, 2016; and
• First Niagara Bank, 3051 Sheridan Drive, Amherst, on September 13, 2016.
The sentencing is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Brighton Police Department, under the direction of Chief Mark Henderson; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Amherst Police Department, under the direction of Chief John Askey; and the Cheektowaga Police Department, under the direction of Chief David Zack.Pittsburgh Man Pleads Guilty to Bank Robbery ChargesRead the Press Release
PITTSBURGH – A Pittsburgh resident pleaded guilty in federal court to charges of bank robbery, Acting United States Attorney Soo C. Song announced today.
William Eger, 52, pleaded guilty to three counts before United States District Judge Cathy Bissoon.
In connection with the guilty plea, the court was advised that Eger walked into the First National Bank in O'Hara Township on November 17, 2015, and handed the teller a note wherein he advised that he had a gun and demanded money. The loss to First National Bank was $2,648. Then on November 21, 2015, Eger walked into the Huntington National Bank in West Mifflin and handed the teller a note demanding money. The loss to Huntington National Bank was $3,216.00.
On November 24, 2015, Eger walked into the First Niagara Bank in the West End section of Pittsburgh holding his finger up and stating that he had a gun. Eger pulled up his shirt, exposing his waistband area, but when the teller did not see a gun, she advised Eger to leave. Eger then fled the bank without receiving any cash. Police responded to the scene; and, after a brief foot chase, Eger was apprehended and confessed to the robberies. As part of the investigation, agents recovered the notebook that Eger used to write the Huntington National Bank robbery note, as well as a hooded jacket and jeans which matched the description of the items Eger was seen wearing in the bank surveillance video.
Judge Bissoon scheduled sentencing for October 2, 2017. The law provides for a maximum total sentence of 25 years in prison, a fine of $250,000.00, 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.
Pending sentencing, Judge Bissoon ordered that Eger remain in custody.
Assistant United States Attorney Shanicka L. Kennedy is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation and the Northern Regional Police Department conducted the investigation leading to the prosecution of Eger.
Organized Crime Drug Enforcement Task Force Successfully Prosecutes Convicted Felon for Illegally Possessing Stolen FirearmsRead the Press Release
United States Attorney Steve Butler of the Southern District of Alabama announces that United States District Court Judge William H. Steele sentenced Anthony O’Brien Barlow on June 15, 2017 to serve a term of imprisonment of 65 months. Barlow was convicted of illegally possessing firearms as a felon on January 4, 2017 in violation of 18 USC § 922(g)(1). The investigation revealed that the defendant attempted to sell multiple stolen firearms. The firearms illegally possessed included a Glock GMBH, .40 caliber pistol, model 27, a Lucznik, Fabryka Broni, Makarov, 9 mm pistol, model P64, a H&K, .22 caliber rifle with silencer, model MP5, and a Ruger, .223 caliber rifle, model Mini 14. The defendant entered a guilty plea before the Court on March 16, 2017.
This prosecution is part of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and related crimes. It is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
Robert F. Lasky, Special Agent in Charge of the Federal Bureau of Investigation’s Mobile Division stated, "This type of dangerous behavior can only be stopped with a joint effort. We are committed to supporting and assisting our state and local partners in making our community safe for everyone."
The case was investigated by the Federal Bureau of Investigation (FBI), the Foley Police Department, the Summerdale Police Department, the Baldwin County Drug Task Force, and the Safe Streets Task Force. The case was prosecuted for the United States Attorney’s Office for the Southern District of Alabama by OCDEFT Lead Attorney, Assistant United States Attorney George F. May and Assistant United States Attorney Lawrence J. Bullard.
Operation "Real Time": Greenville Man Enters Guilty Plea in Federal Court on Charges of Possessing a Firearm in Furtherance of a Drug Trafficking CrimeRead the Press Release
Greenville, South Carolina---- United States Attorney Beth Drake stated today that Courtney Eugene Harris, age 37, of Greenville, South Carolina, pled guilty in federal court in Greenville, for possessing a firearm in furtherance of a drug trafficking crime, a violation of 18 U.S.C. 924(c). United States District Court Judge Timothy Cain, of Anderson, accepted the plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office. Harris faces a statutory mandatory minimum of 5 years in federal prison and a maximum of life.
Evidence presented by the government during the plea established that on April 7, 2017, agents with United States Probation conducted a home visit at the Harris’ residence in Greenville. When the agents arrived, they were met in the yard by Harris. The agents observed Harris holding latex gloves and his shirt was covered in white powder. After Harris invited them into his home, agents observed white powder covering the kitchen counter along with several small baggies located beside the white powder. Agents then called the Greenville County Sheriff’s Office (GCSO) for assistance.
After GCSO arrived and advised Harris of his rights, Harris told GCSO that the substance observed in the kitchen earlier by US Probation agents was cocaine that he was mixing with caffeine. Pursuant to a search warrant obtained by GCSO, deputies seized the substance, which field-tested positive as cocaine, as well as more cocaine and a 9mm pistol from Harris’ bedroom
Harris was arrested federally as part of “Operation Real-Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate.
In addition to the GCSO and ATF, Real Time’s core partners include the Greenville Police Department, the Anderson Police Department, the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, United States Probation, the Department of Homeland Security, the FBI, the DEA, the 13th Circuit Solicitor’s Office, and the United States Attorney’s Office.
Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 115 defendants and seizure of approximately 130 firearms as well as assorted ammunition from prohibited persons.
U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Attorney’s Office adopting the case, “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
The Greenville County Sheriff’s Office, the U.S. Probation Office, and agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated the case. The case is assigned to Assistant United States Attorney Max Cauthen in the Greenville U.S. Attorney’s Office.
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One Albuquerque Resident Pleads Guilty and One More Sentenced on Federal Methamphetamine Trafficking ChargesRead the Press Release
ALBUQUERQUE – One Albuquerque resident pled guilty and one was sentenced today in federal court in Albuquerque, N.M., for violating federal drug trafficking laws. Chere Juarez, 28, of Albuquerque, N.M., pled guilty today to a methamphetamine trafficking charge. Leo Lopez, 28, was sentenced to 60 months in prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Juarez and Lopez were charged as the result of an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Juarez and her codefendant David Rayford, 25, were charged in a three-count indictment on June 30, 2016. Rayford and Juarez were charged with distribution of methamphetamine on June 7, 2016, and June 14, 2016, and Rayford was charged individually with being a felon in possession of a firearm on May 27, 2016. According to the indictment, the offenses took place in Bernalillo County.
During today’s proceedings, Juarez pled guilty to a felony information charging her with possession of methamphetamine with intent to distribute. In entering the guilty plea, Juarez admitted that on June 14, 2016, she sold approximately two ounces of methamphetamine to an undercover law enforcement agent. At sentencing, Juarez faces a maximum penalty of 20 years in federal prison. She remains in custody pending a sentencing hearing which has yet to be scheduled.
Lopez’s codefendant Felix Ulibarri, 39, was indicted on July 28, 2016, and was charged with distributing methamphetamine on July 11, 2016. The indictment subsequently was superseded on Aug. 9, 2016, to add Lopez, Joseph Sena, 40, and Jennifer Padilla, 39. The superseding indictment charged Ulibarri and Padilla with participating in a conspiracy to distribute methamphetamine in July 2016; Lopez, Sena and Padilla with participating in a different conspiracy to distribute methamphetamine in July 2016; Ulibarri with distributing methamphetamine on July 11, 2016; and Sena with distributing methamphetamine on July 26, 2016. According to the indictment, the defendants committed the crimes in Bernalillo County.
On March 20, 2017, Lopez pled guilty to conspiring to distribute methamphetamine, and admitted that on July 26, 2016, he helped arrange a methamphetamine transaction between Sena, Padilla and himself.
To date, 55 of the 104 defendants have entered guilty pleas, including Sena, and 20 have been sentenced. The remaining defendants, including Rayford, Ulibarri and Padilla have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of ATF. The case against Juarez is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns. The case against Lopez is being prosecuted by Assistant U.S. Attorney Edward Han.
Ohio woman indicted on firearm chargeRead the Press Release
WHEELING, WEST VIRGINIA - A Dennison, Ohio woman was arraigned today on an illegal firearm charge after being indicted by a federal grand jury in Wheeling on June 6, 2017, Acting United States Attorney Betsy Steinfeld Jividen announced.
Erin Marie Rudolph, age 24, was indicted on one count of “Unlawful Possession of a Firearm.” Rudolph, having previously being convicted of a felony in the Circuit Court of Ohio County, was allegedly in possession of .22 caliber pistol with an obliterated serial number. The crime is alleged to have occurred May 10, 2017 in Ohio County.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the West Virginia State Police are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Magistrate Judge James E. Seibert presided.
North Texas Man Guilty of Committing Perjury in East Texas TrialRead the Press Release
TYLER, Texas – A 56-year-old North Texas man has pleaded guilty to committing perjury in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Albert Davis, formerly of Richardson, Texas, pleaded guilty to making false declarations before the court today before U.S. Magistrate Judge John D. Love.
According to information presented in court, in 2011, Davis, through his company, LBDS Holding Company, LLC, filed a federal suit against South Korean-company ISOL Technology, Inc. (LBDS Holding Company, LLC v. ISOL Technology, Inc., et al., Case No. 6:11-CV-428) in the Eastern District of Texas, alleging breach of contract, trade secret misappropriation, and unfair competition. During the 2014 trial of the case, Davis and his co-defendant and former business partner, David Hernon, 56, of Fishers, Indiana, testified falsely about business dealings with Cerner Corporation and offered false exhibits to support LBDS’s claim for damages. At the conclusion of the trial, the jury awarded LBDS a verdict of $25 million. When the perjury was discovered, attorneys for ISOL filed an emergency motion for sanctions against LBDS. The district court vacated the verdict, dismissed LBDS’s case with prejudice, and awarded ISOL $738,706.47 in attorney’s fees.
In 2015, Davis and Hernon were charged in the Eastern District of Texas with making false declarations before court. Hernon pleaded guilty on December 29, 2015, and on July 13, 2017, he was sentenced to 15 months in federal prison by U.S. District Judge Thad Heartfield.
Davis, David Tayce, 67, of Lucas, Texas, Hernon, and Richard Bryant, 41, and his wife, Christina Bryant, 41, both of Sachse, Texas, were charged in a related case in the Western District of Missouri for conspiring to commit wire fraud. From August 25, 2008 to February 19, 2015, Davis and his co-conspirators engaged in a scheme to use Cerner Corporation’s reputation and standing in the medical field to manipulate business transactions and court proceedings in their favor.
On April 24, 2017, Davis, was sentenced by U.S. Chief District Judge Greg Kays in the Western District of Missouri to 12 years in federal prison. The court also ordered Davis to pay $19,151,555 in restitution to the victims of the fraud scheme.
On April 25, 2017, Tayce, Hernon, Richard Bryant, and Christina Bryant were sentenced in separate appearances before Judge Kays. Tayce was sentenced to six years and six months in federal prison and ordered to pay $19,151,555 in restitution. Hernon was sentenced to four years and four months in federal prison and ordered to pay $6,487,224 in restitution. Richard and Christina Bryant were each sentenced to five years of probation and ordered to pay $8,079,197 in restitution.
In a related matter, in the summer of 2013, Davis and Tayce, approached Community Trust Bank regarding financing for iHeart Care cardiovascular surgical centers that Davis and Tayce planned to develop across North Texas. The plan, as outlined by Davis and Tayce, was to open multiple iHeart cardiovascular surgical centers and team up with physicians at each location who would invest in the surgical centers and refer patients to the cardiovascular practices. Over the course of the next year, Davis, Tayce, and Rachelle Dashner, 44, of Dallas, Texas, prepared loan documents related to various iHeart Care locations in Denton, Ennis, Mesquite, and Mansfield. Davis, Tayce, and Dashner identified numerous physicians as guarantors in the loan documents without the physicians’ knowledge and authorization. The loan documents were submitted to Community Trust Bank, and based upon various false and fraudulent representations, Community Trust Bank funded numerous loans to iHeart. In many instances, the iHeart facilities for which financing was obtained were never built or made operational. In total, Davis, Tayce, and Dashner submitted fraudulent loan documents to Community Trust Bank and secured five fraudulent loans totaling over $7,500,000.
Dashner was charged in the Eastern District of Texas with conspiracy to commit bank fraud. She pleaded guilty on May 18, 2017. At sentencing, Dashner faces up to five years in federal prison.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld, in cooperation with Assistant U.S. Attorney Matthew P. Wolesky of the Western District of Missouri and Assistant U.S. Attorney Kimberly Davis of the Western District of Arkansas.
Newport Resident Pleads Guilty to Drug TraffickingRead the Press Release
PROVIDENCE – Pedro Jimenez-Rodriguez, 41, of Newport, pleaded guilty in federal court in Providence today to possession with the intent to distribute 500 grams or more cocaine. According to a plea agreement filed in this matter, the government will recommend a term of imprisonment of 72 months when Jimenez-Rodriguez is sentenced by U.S. District Court Judge John J. McConnell, Jr., on August 31, 2017.
Pedro Jimenez-Rodriguez’s guilty plea is announced by Acting United States Attorney Stephen G. Dambruch; Newport Police Chief Gary T. Silva; Sean M. Boyce, Team Leader of the Providence U.S. Postal Inspection Service field office; and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) New England field division.
According to information presented to the court, in late 2016, the Newport Police Department, U.S. Postal Inspection Service and the R.I. DEA Drug Task Force were investigating Jimenez-Rodriguez’s drug trafficking activity. On January 10, 2017, a U.S. Postal Inspector learned that a package was being shipped from Puerto Rico to Jimenez-Rodriguez’s Newport residence. On January 12, 2017, the package arrived at the Providence Postal Office, and a Cranston Police K-9 indicated the presence of narcotics inside the package. A federal search warrant was obtained, and an examination of the contents of the package resulted in the discovery of 1.13 kilograms of cocaine stuffed inside a pink children’s ottoman. The package was resealed and a controlled delivery of the package by a U.S. Postal Service Inspector was scheduled.
On January 13, 2017, a U.S. Postal Inspector delivered the package to Pedro Jimenez-Rodriguez. Shortly after he took custody of the package, Newport Police and members of the R.I. DEA Drug Task Force executed a court authorized search of Jimenez-Rodriguez’s residence. The ottoman containing the cocaine was seized, along with various items used in the packaging and distribution of cocaine, an electronic money counter and $3,055 in cash.
The case is being prosecuted by Assistant U.S. Attorney Zechariah Chafee.
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New Hampshire man indicted on bank fraud chargesRead the Press Release
WHEELING, WEST VIRGINIA - A Dover, New Hampshire man was arrested over the weekend after being indicted on bank fraud charges by a federal grand jury in Wheeling on June 6, 2017, Acting United States Attorney Betsy Steinfeld Jividen announced.
Kelvin L. Potter, age 36, was indicted on ten counts of “Bank Fraud.” Potter allegedly devised a scheme through which he allegedly intended to obtain approximately $69,000 from an account at Chase Bank belonging to Velco, Inc., which holds the business account of Vocelli Pizza in Wheeling. The crimes are alleged to have occurred from May 2015 to November 2015.
Assistant U.S. Attorney Jarod J. Douglas is prosecuting the case on behalf of the government. The Federal Bureau of Investigation is investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Monroe Businessman Pleads Guilty to Tax ChargeRead the Press Release
David Wandell, of Monroe, owner and operator of Wandell’s Working Crew, pleaded guilty to an information charging him with one count of filing a false 2010 federal tax return, signed under penalties of perjury, Acting United States Attorney Daniel L. Lemisch announced today.
Mr. Lemisch was joined in the announcement by Manny Muriel, Special Agent in Charge of the Internal Revenue Service Criminal Investigation Division.
According to court records, Wandell filed a joint 2010 federal tax return with the IRS, signed under penalties of perjury, reporting only $175,000 in gross income and paying $4,400 in taxes, while materially underreporting his gross income from his Schedule “C” business, Wandell’s Working Crew. Wandell continued this pattern in 2011 and 2012, causing a total tax loss for all three years of over $186,303. As part of the plea agreement, Wandell has agreed to allow seized U.S. collectible coins and currency, valued at over $74,000, to be applied directly to the IRS in payment for his outstanding tax debt.
"The vast majority of Americans recognizes their legal responsibilities, properly report, and pay over their tax obligation,” stated Special Agent in Charge Muriel. “But for those who willfully cheat, you will get the full attention of IRS Criminal Investigation, which may lead to serious and costly consequence.”
Filing a false federal tax return, signed under penalties of perjury, carries a maximum penalty of 3 years imprisonment and a fine of $250,000.
Sentencing has been scheduled for October 24, 2017 at 1:30 p.m. in front of United States District Court Judge Robert H. Cleland.
Acting United States Attorney Lemisch thanked the IRS Criminal Investigation for the investigation of the case.
Mexican national sentenced to nearly 17 years in federal prison for role in international drug conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Mexican national was sentenced today to 16 years and eight months in federal prison for his role in an international drug conspiracy, announced United States Attorney Carol Casto. Moises Gamboa, 52, of Rocky Point, Mexico, previously pleaded guilty to aiding and abetting the possession with intent to distribute 100 kilograms or more of marijuana.
In today’s hearing, the Court found that Gamboa was the leader of a marijuana trafficking conspiracy operating out of Mexico and responsible for importing over 3,000 kilograms of drugs into the United States. The drugs were then distributed across the country, including in the areas of Zanesville, Ohio, and Huntington. Gamboa’s organization transported the drugs hidden in false walls inside tractor trailers and motorcycle trailers.
Gamboa admitted that in 2010, while in Mexico, he arranged for the transportation of 660 pounds of “very good marijuana” to Nitro. The drugs were to be concealed in the walls of a motorcycle trailer. Gamboa also admitted that he informed an individual cooperating with law enforcement that the driver would make contact to set up a meeting. The driver subsequently told the cooperating individual that he would be arriving in West Virginia on March 5, 2010. When the driver arrived in Nitro, law enforcement seized the marijuana hidden in the motorcycle trailer.
Gamboa was extradited from Mexico to the United States to face the charges associated with these crimes. A total of 14 other individuals were successfully prosecuted as a result of this investigation. Additionally, law enforcement seized over a million dollars in drug proceeds and an airplane belonging to this drug trafficking organization.
This prosecution was made possible through the cooperative efforts of several investigating agencies, including the Putnam County Sheriff’s Department, the Metropolitan Drug Enforcement Network Team, the Muskingum County Sheriff’s Department in Ohio, the Lawrence County Sheriff’s Department in Ohio, the United States Marshals Service, the Kentucky State Police, the Indiana State Police, the Huntington Police Department, and the Policia Federal Ministerial of Mexico. Several Drug Enforcement Administration agents investigated this case, including agents from Charleston, Columbus, Phoenix, Tucson, Chicago, Denver, and Hermosillo, Mexico.
Assistant United States Attorney Monica D. Coleman is in charge of the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This case 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 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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Mexican Woman Sentenced for Improperly Using Another’s PassportRead 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 Maricela De La Torre Valadez, 49, of Mexico, pleaded guilty to using improperly another individual’s passport and was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorneys Scott S. Allen, Jr. and Jonathan P. Cantil, who handled the case, stated that on April 30, 2017, the defendant attempted to use a Mexican passport designed and issued for use by another person in order to gain entry into the United States. Specifically, De La Torre Valadez, a passenger in a taxicab, presented the passport to a Customs and Border Protection Officer at the Rainbow Bridge Port of Entry in Niagara Falls, NY. When an officer asked the defendant to write her name on a piece of paper, De La Torre Valadez wrote her real name, which did not match the name on the passport. Further investigation revealed that the passport belonged to the defendant’s mother. When officers searched De La Torre Valadez’s luggage, they discovered a Mexican passport associated with the defendant’s true identity.The plea and sentencing are the result of an investigation by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Mexican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON – A Mexican national was sentenced on Friday in federal court in Boston for a federal immigration crime.
Maximino Cruz-Rivera, 37, a Mexican national residing in Lowell, was sentenced by U.S. District Court Judge Mark L. Wolf to eight months in prison and three years of supervised release. Cruz-Rivera will be subject to deportation upon completion of his sentence. In April 2017, Cruz-Rivera pleaded guilty to illegal reentry of a deported alien.
On Nov. 30, 2016, law enforcement encountered Cruz-Rivera in Boston and determined him to be unlawfully present in the United States. Cruz-Rivera had previously been deported in February 2013.
Acting United States Attorney William D. Weinreb and Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.
Mexican National Pleads Guilty to Illegal ReentryRead the Press Release
PROVIDENCE – Fernando Cortez Cueves, 40, a Mexican national who was previously deported from the United States in 2007, pleaded guilty in federal court in Providence today to illegal reentry into the United States.
According to information presented to the court and court records, Cueves was arrested by Rhode Island State Police on April 17, 2017, and ordered detained at the Adult Correctional Institution (ACI). On April 27, 2017, Cueves was released from the ACI to the custody to personnel from Immigration Customs Enforcement.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Cueves admitted to the court that he illegally reentered the United States after having been previously deported. Cueves was sentenced to time served and returned to the custody of Immigration and Customs Enforcement.
Fernando Cortez Cueves’ guilty plea and sentence are announced by Acting United States Attorney Stephen G. Dambruch and C.M. Cronin, Field Office Director for United States Immigration and Customs Enforcement.
The matter was prosecuted by Assistant U.S. Attorney Zechariah Chafee, Border Security Coordinator for the United States Attorney’s Office for the District of Rhode Island.
Member of Trenton Drug Trafficking Organization Admits Heroin Conspiracy, Unlawful Possession of FirearmRead the Press Release
TRENTON, N.J. – A Trenton man today admitted possessing a firearm as a previously convicted felon and participating in a drug trafficking organization that allegedly distributed hundreds of grams of heroin in the Trenton area, Acting U.S. Attorney William E. Fitzpatrick announced today.
Christopher Proctor, a/k/a “Bris,” a/k/a “Bris Broctor,” 22, pleaded guilty before U.S. District Judge Freda L. Wolfson in Trenton federal court to a two-count information charging him with conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and unlawful possession of a firearm by a convicted felon.
In December 2016, Proctor and nine other members of a drug trafficking organization operating in Trenton were charged by criminal complaint with conspiracy to distribute heroin. The complaint referred to the drug trafficking organization as the “Abdullah DTO,” after its leader, Ishmael Abdullah. Proctor is the fifth of the 10 defendants to plead guilty.
According to documents filed in this case and statements made in court:
From January 2016 through December 2016 Proctor participated in a drug trafficking organization that operated in the area of Spring and Passaic Streets in Trenton.
Through the authorized interception of telephone calls and text messages, controlled purchases of heroin, the use of confidential sources of information, and other investigative means, law enforcement learned that Ishmael Abdullah was a leader of the Abdullah DTO, and was responsible for obtaining significant quantities of heroin from multiple suppliers, including Jose Joaquin Torres-Mezquita and Ileana Sanchez. Ishmael Abdullah and Keith Hunter coordinated the organization’s distribution of heroin through themselves and other conspirators, including Elijah Abdullah.
Members of the Abdullah DTO used temporary prepaid phones, stash houses and cars, and spoke in code to avoid detection by law enforcement. In connection with the narcotics conspiracy, Elijah Abdullah and other members of the Abdullah DTO maintained joint access to multiple firearms.
In addition to receiving, possessing, and selling heroin as part of the conspiracy, Proctor – a previously convicted felon – was arrested on Aug. 23, 2017 by Trenton police officers in possession of a loaded Glock 27 semiautomatic handgun and multiple rounds of ammunition.
The conspiracy charge carries a mandatory minimum term of five years in prison, a maximum potential penalty of 40 years in prison, and a $5 million fine. The firearms possession charge carries a maximum potential sentence of 10 years in prison and a $250,000 fine. Sentencing is scheduled for Sept. 26, 2017.
Acting U.S. Attorney Fitzpatrick credited agents and officers with the Greater Trenton Safe Streets Task Force, including special agents of the FBI, Newark Division, Trenton Resident Agency, under the direction of Special Agent in Charge Timothy Gallagher; special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Newark Division, Trenton Field Office, under the direction of Acting Special Agent in Charge Marcus S. Watson; officers of the Trenton Police Department, under the direction of Director Ernest Parrey Jr.; officers of the Princeton Police Department, under the direction of Chief of Police Nicholas Sutter; officers of the Ewing Police Department, under the direction of Chief of Police John P. Stemler III; and detectives of the Mercer County Prosecutor’s Office, under the direction of Mercer County Prosecutor Angelo J. Onofri, with the investigation.
He also thanked special agents of the FBI’s Philadelphia Field Office, under the direction of Special Agent in Charge Michael Harpster; special agents of Homeland Security Investigations, under the direction of Acting Special Agent in Charge Brian A. Michael; officers of the New Jersey State Police, under the direction of Superintendent Col. Joseph R. Fuentes; and officers of the Mercer County Sheriff’s Office, under the direction of Sheriff John A. Kemler, for their assistance in the case.
The government is represented by Assistant U.S. Attorney J. Brendan Day of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations against the remaining defendants are merely accusations, and those defendants are presumed innocent unless and until proven guilty.
Defense counsel: Aidan P. O’Connor Esq, Hackensack, New Jersey
McKinney Man Pleads Guilty to Fraudulently Obtaining and Cashing $16 Million in U.S. Treasury ChecksRead the Press Release
DALLAS – A McKinney, Texas, man, Moiz Mumtaz Ali, 36, appeared last week before U.S. District Judge Sidney A. Fitzwater and pleaded guilty to one count of failure to develop, implement, and maintain an anti-money laundering program, announced John Parker, U.S. Attorney for the Northern District of Texas.
Ali faces a maximum statutory penalty of 10 years in federal prison and a $500,000 fine. He will remain on bond pending sentencing, which is set for October 13, 2017.
According to plea documents filed in the case, Ali operated, and managed Gateway Newsstands (“Gateway”), located at 700 North Pearl Street, Dallas Texas. The business included a convenience and check-cashing store and was registered as a money service business, with the ability to cash checks for customers and members of the general public. Ali was responsible for Gateway’s check cashing operations and oversaw the day-to-day operations of the store, approved transactions, and maintained control of the business’ bank accounts.
Between December 2010 through June 2012, Ali negotiated and cashed approximately 3,423 United States Treasury checks totaling approximately $16,600,000.00. The vast majority of the checks were addressed to individuals with out-of-state addresses. Most of the checks had been obtained through fraud, either because the checks were based on fraudulent federal tax returns or because the checks had been stolen.
According to the factual resume, Ali failed to require and/or retain copies of any identification documents applicable to the party cashing the Treasury checks or to the payees whose names were on the Treasury checks he accepted and cashed. In those very limited instances in which Ali purportedly required identification and retained a copy of such identification, Ali failed to take any steps to verify whether the identification document was false, fictitious, or counterfeit.
Ali was required to develop, implement, and maintain an effective anti-money laundering program reasonably designed to prevent being used to facilitate money laundering. The program was required to have written policies, procedures, and controls governing the verification of customer identification, the filing of reports as required by law, the creation and retention of records, and responses to law enforcement requests. Ali failed to follow these requirements and took no steps to prevent his store from being used to facilitate criminal activity and launder money.
The case was investigated by Department of the Treasury’s Office of Inspector General, the Internal Revenue Service and the U.S. Secret Service. Assistant U.S. Attorney P.J. Meitl is prosecuting the case.
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Mass. Resident Pleads Guilty to Trafficking CocaineRead the Press Release
PROVIDENCE – Francisco Fernandez, a/k/a Joel Antonio Santana Arias, 43, of Lawrence, MA, pleaded guilty in U.S. District Court in Providence, R.I., today to possession with the intent to distribute 500 grams or more of cocaine. The cocaine was discovered inside Fernandez’s vehicle by a Rhode Island State Police trooper during a routine traffic stop in February 2017.
According to information presented to the court, on February 11, 2017, during a routine traffic stop of Fernandez’s vehicle on Interstate 95 in West Greenwich by a Rhode Island State Police trooper, it was determined that Fernandez did not have a valid driver’s license. As forms of identification, Fernandez provided a Dominican Republic passport and a vehicle registration under the name of Joel Antonio Santana Arias. A further check determined that the name Joel Antonio Santana Arias was an alias for Francisco Fernandez, and revealed an active arrest warrant out of Massachusetts for Fernandez.
Mr. Fernandez was taken into custody. During an inventory of Mr. Fernandez’s vehicle prior to being towed, nearly two kilograms of cocaine was discovered inside a backpack located on the front passenger floorboard.
Francisco Fernandez’s guilty plea is announced by Acting United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations for New England.
Ferandez, who is detained in federal custody, is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on September 1, 2017.
The case is being prosecuted by Assistant U.S. Attorney Ly T. Chin, with the assistance of Assistant U.S. Attorney Zechariah Chafee.
Luke Martin, Jr., Sentenced to 12.5 Years on Drug Charges in Connection with 2016 String of Robberies of Git-N-Go, Kum & Go, Hy-Vee, and U.S. BankRead the Press Release
DES MOINES, IA - On June 19, 2017, Luke Martin, Jr., age 57, heather Jean Reekrof Des Moines, Iowa, appeared before Chief United States District Court Judge John A. Jarvey and was sentenced 151 months in prison for drug charges related to a string of armed robberies in 2016 of Git-N-Go, Kum & Go, Hy-Vee, and U.S. Bank, announced United States Attorney Kevin E. VanderSchel. Martin pleaded guilty in January of 2017, to conspiracy to distribute hydromorphone (Dilaudid). Martin was sentenced to three years of supervised release following his imprisonment.
Martin distributed hydromorphone to co-defendant Alexander Hamilton, who distributed it to Sarah Coe, Shelly Avery, and Chris Avery. Dilaudid use was a contributing factor to the commission of 17 robberies in March and April of 2016. Sentencings of co-defendants Alexander Hamilton, Sarah Coe, Shelly Avery, and Chris Avery are pending.
The investigation was conducted by the Des Moines Police Department, Ames Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. 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].
Keene Man Sentenced to 30 Months in Prison for Manufacturing MethamphetamineRead the Press Release
CONCORD, N.H. – Jesse Dennis, 32, of Keene, New Hampshire was sentenced to 30 months in federal prison for possession of materials to manufacture methamphetamine and attempting to manufacture methamphetamine, announced Acting United States Attorney John J. Farley.
According to court documents and statements made in court, on or about January 13, 2016, the defendant was pulled over after committing various traffic infractions in Keene, New Hampshire. The defendant consented to a search of his vehicle where officers found various implements and ingredients used to manufacture methamphetamine. The defendant admitted that he had attempted to manufacture methamphetamine on various occasions. After executing a search warrant for his vehicle, officers uncovered materials that a New Hampshire State police forensic laboratory chemist determined are collectively consistent with methamphetamine manufacturing via the one-pot method. The chemist also determined that samples taken from the vehicle indicated the presence of methamphetamine.
Dennis, who previously pleaded guilty, will be on supervised release for three years after he serves his prison sentence.
“Methamphetamine poses a serious threat to our community,” Acting U.S. Attorney Farley said. “While this drug is dangerous to those who ingest it, it can be particularly hazardous when it is manufactured in vehicles or homes. This unsafe practice can lead to fires and explosions and creates a frightening hazard to innocent individuals in the area. I commend the law enforcement officers in this case whose quick actions prevented a potential tragedy.”
“This sentence reflects DEA’s strong commitment to bring to justice those that manufacture methamphetamine,” said Special Agent in Charge Michael J. Ferguson. “DEA and its local, state and federal law enforcement partners will do everything in our power to keep this highly addictive drug off the streets of New Hampshire. This investigation demonstrates the strength of collaborative law enforcement efforts in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively pursue anyone who manufactures this poison.”
The case was investigated by the Drug Enforcement Administration and the Keene, New Hampshire Police Department and was prosecuted by Assistant United States Attorney Georgiana L. Konesky.
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Houston Man Sentenced to Federal Prison for Drug Trafficking Following $1.2 Million Dollar Cash SeizureRead the Press Release
A drug trafficker was sentenced to over 12 years in prison in federal court on Friday, June 16, 2017, for conspiracy to distribute cocaine in the St. Louis metropolitan area.
United States Attorney Donald S. Boyce announced the sentence for the Southern District of Illinois. Defendant Rodney Bernoid Smith, 43, of Houston, Texas, was sentenced to 147 months in prison, five years of supervised release, a $700 fine, and a $100 special assessment. Smith’s sentence came after the Court determined that he was involved in distributing approximately 120 kilograms of cocaine from Texas into the Midwest.
Smith was charged in an indictment on February 18, 2016, alleging that he and seven co-defendants participated in a conspiracy to distribute more than five kilograms of cocaine into the Southern District of Illinois. In addition to the drug crimes, the indictment sought forfeiture of $1,212,934 in U.S. currency seized on December 2 and 3, 2015, along with jewelry appraised at $72,000.
Court records established that Smith and seven co-defendants conspired to traffic cocaine in the St. Louis metropolitan area. Evidence showed that in November 2015, Smith and others traveled to the St. Louis area to deliver cocaine and transport cash. Part of this shipment included instructions to meet with a co-defendant to supply him with three kilograms of cocaine destined for O’Fallon, Illinois. On December 2, 2015, several individuals met in the parking lot at the Galleria Mall in St. Louis, Missouri, and delivered three kilograms of cocaine. Those kilograms were sold on a "front," or consignment-type arrangement, where the buyer was not required to make payment at the time of delivery. The recipient took the three kilograms back to O’Fallon where two of the kilograms were promptly redistributed to St. Louis and East St. Louis.
The next day, December 3, one of the buyers contacted the supplier to complain that the third kilogram was of poor quality. The buyers asked to exchange it for a replacement kilogram. The parties agreed to meet again at the Galleria Mall in St. Louis to obtain the replacement kilogram. Police interrupted the planned exchange in the parking lot and arrested each of the participants who were present. Police recovered a drug log that referenced customer and payment records for 19 kilograms of cocaine that sold for $32,500 per kilogram. A search of the vehicles revealed the replacement kilogram along with a number of hotel room key cards and rental car keys. Agents traced the keys to a hotel in St. Louis and ultimately discovered a black suitcase containing $508,330 in U.S. currency, two more kilograms of cocaine, and a small black stolen .38 caliber revolver. In the parking garage of the hotel, agents found the rental cars driven by the defendants, which contained $339,380 and $319,920 in cash hidden in the spare tires.
Smith is the second of the eight defendants in this case to be sentenced. Co-defendant Sammy Monroe was sentenced last week to 168 months in prison. The other six co-defendants in this case, Astin Allison, Nahum Shibeshi, Terrance Miles, Victor Johnson, Jamie Green, and Dan E. Bell, have all pleaded guilty and are awaiting sentencing.
Evidence in support of this prosecution was obtained in an investigation conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. The investigation was conducted by agents from the Drug Enforcement Administration. The case is being prosecuted by Assistant United States Attorney Steven D. Weinhoeft and Assistant United States Attorney Derek Wiseman.
Honduran National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON – A Honduran national pleaded guilty on Friday, June 16, 2017, in federal court in Boston to illegally reentering the United States after being deported.
Elpi Diaz-Ramos, 27, pleaded guilty to illegal reentry of a deported alien before U.S. District Court Judge F. Dennis Saylor IV, who scheduled sentencing for Sept. 8, 2017.
On Aug. 5, 2016, law enforcement encountered Diaz-Ramos in Boston and determined him to be unlawfully present in the United States. Diaz-Ramos had previously been deported in December 2008, April 2009 and September 2010.
The charge provides for a sentence of no greater than two years in prison, three years of supervised release, and a fine of up to $250,000. Diaz-Ramos will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
Georgia Man Pleads Guilty to Federal Drug Trafficking Charges in New Mexico Arising Out of Ten Pound Meth SeizureRead the Press Release
ALBUQUERQUE –Timothy Wayne McGahee, 22, of Flowery Branch, Ga., pled guilty today in federal court in Las Cruces, N.M., to methamphetamine trafficking charges under a plea agreement with the U.S. Attorney’s Office.
McGahee was arrested on Oct. 23, 2016, on a criminal complaint alleging that he possessed approximately 10.4 pounds of methamphetamine. According to the complaint, McGahee was arrested, after U.S. Border Patrol agents at the U.S. Border Patrol checkpoint west of Alamogordo, N.M., seized the methamphetamine from McGahee’s vehicle.
McGahee was indicted on March 22, 2017, and charged with conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute on Oct. 23, 2016, in Otero County, N.M.
During today’s proceedings, McGahee pled guilty to the indictment and admitted that on Oct. 23, 2016, U.S. Border Patrol Agents located methamphetamine concealed in a cooler in the trunk of McGahee’s vehicle at the Border Patrol checkpoint on High 54 in Otero County. McGahee further admitted that he intended to deliver the methamphetamine to other individuals within the United States in exchange for money.
At sentencing, McGahee faces a statutory mandatory minimum penalty of ten years and a maximum of life in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the U.S. Border Patrol and the Las Cruces office of the DEA. Special Assistant U.S. Attorney Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
French Citizen Pleads Guilty to Being in the United States IllegallyRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Philippe Maurice, 50, a citizen of France, pleaded guilty today in U.S. District Court to being an alien who was found in the United States after having been removed and deported.
Court documents reveal that on May 17, 2017, at approximately 3:55 p.m., U.S. Border Patrol agents found the defendant riding a bike on a dirt logging road in Portage, Maine. The defendant claimed he was a U.S. citizen. When an agent asked the defendant for proof of citizenship, he produced a French driver’s license. The defendant then acknowledged that he was a French citizen, that friends had dropped him off in Canada near the border, and that he entered the United States illegally by riding a bike through the closed St. Pamphile Port of Entry. Immigration records showed that the defendant had been removed from the United States in 2015.
The defendant faces up to two years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by U.S. Border Patrol.
Former Rochester Tax Preparer Pleads Guilty to Preparing False Tax ReturnsRead 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 Frank Wilson, 56, of Rochester, NY, pleaded guilty to assisting in the preparation of false tax returns before Chief U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of three years in prison and a $250,000 fine.
Assistant U.S. Attorney John J. Field, who is handling the case, stated that Wilson operated a tax preparation business in Rochester that was affiliated with a tax return preparation business in Georgia. From February 2011 to April 2011, the defendant prepared at least 18 false tax returns claiming fraudulent total refunds of at least $90,508. Among other things, the false tax returns included inaccurate Schedule C income, in an attempt artificially to inflate the amount of the Earned Income Tax Credit claimed by Wilson’s clients.
The plea is the result of an investigation by Special Agents with the Internal Revenue Service, Criminal Investigations Division, under the direction of James D. Robnett, Special Agent-in-Charge, New York Field Office.
Sentencing is scheduled for September 21, 2017, at 3:00 p.m. before Judge Geraci.
Former Orange County School Bus Driver Sentenced in White Plains Federal Court to Seven Years in Prison for Distributing Child PornographyRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that MATTHEW HAMILL was sentenced Friday by U.S. District Judge Kenneth M. Karas to seven years in prison in connection with his distribution and possession of child pornography. HAMILL pled guilty in January 2017 to one count of transportation of child pornography before U.S. Magistrate Judge Judith C. McCarthy.
Acting Manhattan U.S. Attorney Joon H. Kim said: “Matthew Hamill, a school bus driver entrusted with the safety of children, admitted that he possessed and distributed child pornography. Protecting children from predators is one of our most important missions, and that becomes all the more important when the defendant is someone in regular contact with children. Hamill, having admitted his crime of distributing child pornography, now has received a significant prison sentence.”
According to the Complaint and Information filed in White Plains federal court, as well as materials submitted in connection with the plea and sentencing proceedings:
From March 2012 to March 2014, HAMILL traded images and videos of child pornography via email. HAMILL continued to possess child pornography on his computer through August 2015, by which time he had become a school bus driver for the Minisink Valley Central School District in Orange County, New York. After HAMILL became aware of the federal investigation in this case, he attempted to delete evidence of the child pornography. However, a forensic examination of HAMILL’s computer, which was seized during the execution of a search warrant at HAMILL’s residence, recovered 493 child pornography images; and a review of HAMILL’s emails obtained by search warrant showed that HAMILL sent 94 emails attaching a total of 135 images and 14 videos of child pornography.
In addition to the prison sentence, HAMILL, 26, of Wurtsboro, New York, and Garner, North Carolina, was sentenced to five years of supervised release. Judge Karas also ordered HAMILL to pay $15,000 in restitution to victims of his crime.
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Mr. Kim praised the outstanding investigative work of the FBI.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorney Won S. Shin is in charge of the prosecution.
Former Mohegan Sun Vice President Sentenced to Prison for Money LaunderingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that a former Mohegan Sun Vice President for Player Development was sentenced June 16, 2017 in federal court in Wilkes-Barre by Senior Judge A. Richard Caputo, to serve 32 months in prison on the charge of conspiracy to commit money laundering.
According to United States Attorney Bruce D. Brandler, Robert Pellegrini, age 51, of Mountain Top, pleaded guilty to a money laundering conspiracy in December 2016. According to the Indictment previously returned in this case, Pellegrini conspired with Rochelle Poszeluznyj, age 39, of Kingston, and Mark Heltzel, age 52, of Dallas, to defraud the Mohegan Sun Casino by engaging in a money laundering scheme involving the use of stolen names and PINs (personal identification numbers) that were tied to players’ loyalty club cards. It is alleged that while employed as a cocktail waitress at the casino, Poszeluznyj had access to the names and PINs of casino players as she served them beverages. Poszeluznyj stole the names and PINs of those players and provided them to Pellegrini, who then used the stolen information to create duplicate player club cards. Pellegrini then loaded the duplicate cards with “free play” credits and provided them to Heltzel to gamble with, primarily at poker slot machines. The scheme began in May 2014 and continued to April 2015, netting the defendants winnings in the approximate amount of $422,147.55.
Sentencing dates for Pellegrini’s co-defendants, Heltzel and Poszeluznyj, are pending.
In addition to the prison term, Senior Judge Caputo also ordered that Pellegrini be supervised by a probation officer for one year following his release from prison. He was further ordered to pay restitution in the amount of $420,147.
The charges stem from an investigation by the Internal Revenue Service Investigations and the Pennsylvania State Police. Assistant United States Attorney Michelle Olshefski prosecuted the case.
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Florida Man Pleads Guilty to Credit Card Fraud Conspiracy and Aggravated Identity TheftRead the Press Release
Portland, Maine: Acting United States Attorney Richard W. Murphy announced that Yaisder Herrera Gargallo, 24, of Miami, Florida, pleaded guilty today in U.S. District Court to conspiracy to commit access device fraud and aggravated identity theft.
Court records show that between about November 2015 and June 2016, the defendant and others used stolen credit and debit card numbers to purchase merchandise. In June 2016, as part of the conspiracy, the defendant and others traveled to Maine. On June 14, 2016, the defendant purchased over $400 worth of merchandise at a Portland Walgreens using a stolen card number belonging to a victim from New Gloucester, Maine. The next day, after the defendant made another fraudulent purchase using a different card number at another Portland Walgreens, store personnel notified the police and provided a license plate number.
On June 18, 2016, a Cumberland County Sheriff’s Office deputy stopped the vehicle in which the defendant and three other men were traveling. The stop led to their arrest and the discovery of merchandise, numerous fraudulent credit cards, and a laptop computer. The laptop computer was later found to contain credit card numbers and related data, including the stolen card number the defendant used to make the fraudulent purchase on June 14, 2016.
The defendant faces up to five years in prison and a $250,000 fine on the conspiracy charge. He faces a mandatory sentence of two years in prison on the aggravated identity theft charge, to be served consecutively to the sentence imposed for the conspiracy charge. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the Cumberland County Sheriff’s Office, the Portland Police Department and the U.S. Secret Service.
Federal Jury Convicts Five Members of the Young Melph Mafia GangRead the Press Release
Acting U.S. Attorney Duane A. Evans announced today that a federal jury has convicted LIONEL ALLEN, age 24, JAWAN FORTIA, age 24, DEDRICK KEELEN, age 23, DELWIN McLAREN, age 24 and BRYAN SCOTT, age 23, all of New Orleans, following an eight-day trial.
LIONEL ALLEN was convicted of 21 of 24 counts, specifically: Conspiracy to Violate RICO; Conspiracy to Possess Firearms; Murder in the Aid of Racketeering (three counts – murders of Vennie Smith, Deshawn Hartford and Travis Thomas); Assault with a Dangerous Weapon in Aid of Racketeering (six counts); Use, Carrying, and Discharge of a Firearm during and in Relation to a Crime of Violence or a Drug Trafficking Crime (eight counts). LIONEL ALLEN faces life in prison.
JAWAN FORTIA was convicted of four of five counts, specifically: Conspiracy to Violate RICO; Conspiracy to Distribute Controlled Substances; Conspiracy to Possess Firearms; Murder in the Aid of Racketeering (murder of Vennie Smith); and Assault with a Dangerous Weapon in Aid of Racketeering (one count). JAWAN FORTIA faces life in prison.
DEDRICK KEELEN was convicted of all eight charged counts, specifically: Conspiracy to Violate RICO; Conspiracy to Distribute Controlled Substances; Conspiracy to Possess Firearms; Murder in the Aid of Racketeering (two counts - murder of Lawrence Burt and Vivian Snyder); Causing Death through the Use of a Firearm; Assault with a Dangerous Weapon in Aid of Racketeering; and Use, Carrying, and Discharge of a Firearm during and in Relation to a Crime of Violence or a Drug Trafficking Crime. DEDRICK KEELEN faces life plus ten years in prison.
DELWIN McLAREN was convicted of two charged counts, specifically: Conspiracy to Distribute Controlled Substances and Conspiracy to Possess Firearms. DELWIN McLAREN faces ten years to life in prison.
BRYAN SCOTT was convicted of two charged counts, specifically: Conspiracy to Distribute Controlled Substances and Conspiracy to Possess Firearms. BRYAN SCOTT faces not less than 20 years to life in prison.
U.S. Chief District Judge Kurt D. Engelhardt will set sentencing for later this year.
Acting U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives as part of the metro area’s Multi-Agency Gang Unit (MAG) in investigating this matter. As an integral component of NOLA FOR LIFE’s Group Violence Reduction Strategy, the MAG Unit consists of a partnership with New Orleans Police Department (NOPD), Orleans Parish District Attorney’s Office (DA), Orleans Parish Sheriff’s Office (OPSO), Louisiana State Police (LSP), Parole Board of the Louisiana Department of Corrections, United States Attorney’s Office (USAO), Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), United States Marshals Service (USMS), and the United States Probation & Parole Office for the Eastern District of Louisiana. Assistant United States Attorneys Edward Rivera, Nolan Paige, and Nicholas Moses were in charge of the prosecution.
Federal Jury Convicts Cape Cod Gang Leader and Associate of Heroin TraffickingRead the Press Release
BOSTON – On Friday, June 16, 2017, following a nine-day trial in federal court in Boston, a jury convicted Denzel Chisholm, a leader of the Nauti-Block gang in Hyannis, and Molly London of numerous federal drug charges.
Denzel Chisholm, 26, of West Yarmouth, and Molly London, 33, of Hyannis, were convicted of various drug charges related to their roles in a heroin and fentanyl trafficking operation on Cape Cod. Chisholm was convicted of conspiracy to distribute and possession with intent to distribute one kilogram or more of heroin, nine counts of possession of heroin with the intent to distribute, and conspiracy to distribute suboxone into MCI-Norfolk prison. London was convicted of aiding and abetting Chisholm and maintaining a residence for drug purposes. U.S. District Court Chief Judge Patti B. Saris scheduled sentencing for Sept. 15, 2017.
On April 5, 2016, following a nearly eight-month long investigation, 13 members of the Cape Cod-based Nauti-Block gang were arrested on federal drug trafficking and firearms charges. Two subsequent superseding indictments brought the total number of defendants charged in the case to 19.
Chisholm distributed massive quantities of heroin throughout lower Cape Cod. He used other individuals to store and deliver the heroin, then sold it to numerous co-conspirators.
Molly London allowed Chisholm to store and distribute heroin from her home. During a search of her home, 77 grams of heroin were found in a Starbucks cup and a 55-pound package of mannitol (a heroin cutting agent) was found by her bed. Previously intercepted text messages and phone calls indicated that London made her home available to Chisholm just before Chisholm engaged in heroin transactions.
In addition to Chisholm and London, 16 co-conspirators have pleaded guilty to various drug distribution and conspiracy charges.
Chisholm and co-defendant Tyrone Gomes also face state charges for the 2015 murder of Christine Ferreira at a rest stop on Route 6 on Cape Cod.
The charge of conspiracy to distribute one kilogram or more of heroin provides for a mandatory minimum sentence of 20 years and up to life in prison, a minimum of 10 years and up to a lifetime of supervised release, and a fine of up to $10 million. The charges of possession of 100 grams or more of heroin with the intent to distribute provide for a mandatory minimum sentence of 10 years and up to life in prison, eight years to life of supervised release, and a fine of up to $8 million. The charges of possession of heroin with the intent to distribute provide for a sentence of no greater than 30 years in prison, a minimum of six years to a lifetime of supervised release, and a fine of up to $2 million. The charge of aiding and abetting the possession of heroin with the intent to distribute provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million. The charge of maintaining a premises for drug purposes provides for a sentence of no greater than 20 years in prison, three years of supervised release, and a fine of up to $500,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; Cape and Islands District Attorney Michael O’Keefe; and Barnstable Police Chief Paul MacDonald, made the announcement. Assistant U.S. Attorneys Eric S. Rosen and Miranda Hooker of Weinreb’s Narcotics and Money Laundering Unit are prosecuting the case.
Federal Inmate Sentenced for Assault with A Dangerous WeaponRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Judge Malachy Mannion sentenced Johnny Biggs, age 38, on June 15, 2017 to 57 months’ imprisonment for assault with a dangerous weapon. Biggs committed the assault while serving a term of 36 months for a violation of supervised release and drug trafficking.
According to United States Attorney Bruce Brandler, Biggs attacked another inmate on August 26, 2016, with a weapon fashioned from a padlock tied to a sock. The victim suffered multiple lacerations to his head, face, and back. The fight stemmed from a dispute between the two inmates’ prison gangs, rival sects of the Aryan Brotherhood. Judge Mannion ordered the latest prison term to run consecutive to Biggs’s current sentence.
The investigation was conducted by agents of the Federal Bureau of Investigation and officers at USP Canaan. The case is being prosecuted by Assistant United States Attorney Sean A. Camoni.
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