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31 July 2017
Former Union Vice-President/Treasurer Sentenced toRead the Press Release
A man who embezzled labor union assets, was sentenced July 26, 2017, to twelve months’ in federal prison.
Curtis Lang, 53, from Le Mars, Iowa, received the prison term after a May 8, 2017, guilty plea to one count of embezzlement and theft of labor union assets.
At the plea hearing, Lang admitted that from approximately 2005 to 2009 he was the vice president/treasurer of the United Dairy Workers of Le Mars, Iowa, and later, from 2011 through 2014, Lang was the president/treasurer of said union.
Over a period of approximately ten years, Lang embezzled over $98,000 in funds from union bank accounts. Lang acted alone in the embezzlement, and made efforts to hide the crime from other Union officials.
Lang was sentenced in Sioux City by United States District Court Judge Mark W. Bennett. Lang was sentenced to 12 months’ imprisonment. A special assessment of $100 was imposed, and he was ordered to make $95,223.49 in restitution to the United Dairy Workers of Le Mars. Lang must also serve a 3-year term of supervised release after the prison term, including a term of six months of home confinement with electronic monitoring. There is no parole in the federal system. At sentencing, Judge Bennett commented that, “Curtis Lang inflicted irreparable harm on the union.”
Lang was released on the bond previously set and is to surrender to the United States Marshal on a date yet to be set.
The case was prosecuted by Assistant United States Attorney Jamie Bowers and investigated by the U.S. Department of Labor.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4016. Follow us on Twitter @USAO_NDIA.
Former U.S. Postal Employee Convicted of Mail Theft, Bank Fraud, and Aggravated Identity TheftRead the Press Release
BINGHAMTON, NEW YORK – Melissa Elliott of Binghamton, a 27 year old former U.S. Postal Employee, was convicted on Friday by a federal jury in Binghamton, New York of 14 counts relating to Bank Fraud, Aggravated Identity Theft, and Theft and Destruction of Mail. The announcement was made by Acting United States Attorney Grant C. Jaquith and Special Agent-in-Charge Eileen Neff, Northeast Area Field Office, U.S. Postal Service Office of Inspector General.
The jury convicted Elliott of Bank Fraud and Aggravated Identity Theft, finding that between July 2014 and April 2015 she opened several bank credit card accounts, and obtained credit cards from financial institutions, by stealing and using the identity, including the social security number and date of birth, of a woman Elliott knew. Elliott then used the cards to fraudulently make purchases and pay personal debts amounting to over $57,000.
The jury also found Elliott guilty of Theft of Mail and Destruction of Mail for destroying and stealing mail while she worked as a postal clerk at the Cortland postal facility in December 2015 and January of 2016. Elliott destroyed some of the mail entrusted to her, and stole the contents of some of that mail, including gift cards and cash.
Elliott will be sentenced by Hon. Thomas J. McAvoy on November 20, 2017. She faces a maximum sentence of 30 years imprisonment and a $1,000,000 fine for Bank Fraud, with a mandatory 2-year consecutive imprisonment term for Aggravated Identity Theft, and a maximum term of 5 years imprisonment for the Theft and Destruction of U.S. Mail. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by U.S. Postal Service Office of Inspector General and is being prosecuted by Assistant U.S. Attorney Miroslav Lovric.
Former Casey County, Kentucky, Teacher Sentenced to 60 Months in Prison for Attempting to Engage in Sexually Explicit Conduct with A MinorRead the Press Release
BOWLING GREEN, Ky. – A Russell County, Kentucky, resident and former Casey County, Kentucky, teacher was sentenced in United States District Court by United States District Judge Greg N. Stivers on July 26, 2017, to 60 months in prison followed by a ten year period of supervised release and required to register as a sex offender announced United States Attorney John E. Kuhn, Jr. There is no parole in the federal prison system.
“This is a horrific crime that can shake an entire community, especially when the perpetrator is a trusted teacher,” stated U.S. Attorney Kuhn. “Safeguarding our most vulnerable citizens is among the most significant priorities of my Office and the Department of Justice.”
According to the factual basis presented in the case, Timothy Ellis, 48, of Russell Springs, Kentucky, admitted to attempting to obtain child pornography between 2010 and April 7, 2013. Ellis used a cellular telephone and various social media applications to attempt to receive pornographic materials from a minor engaging in sexually explicit conduct. Ellis engaged in this conduct while in Russell County, Kentucky and other places.
Assistant United States Jo E. Lawless prosecuted the case. The Russell Springs Police Department conducted the investigation.
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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."
Final Two Ordered to Prison in 10-Defendant Marijuana ConspiracyRead the Press Release
BROWNSVILLE, Texas – The remaining defendants charged in a 10-defendant marijuana conspiracy have all been ordered to federal prison, announced Acting U.S. Attorney Abe Martinez. The 10 were charged in a multi-state drug trafficking conspiracy that had been trafficking narcotics since 2010.
Jose Angel Marichalar, 36, of Mission, had pleaded guilty to conspiracy to commit money laundering and possession with intent to distribute more than 1000 kilograms of marijuana while Jesus Gonzales, 46, of Hidalgo, previously pleaded guilty to possession with intent to distribute more than 1000 kilograms of marijuana
Today, U.S. District Judge Hilda Tagle sentenced Marichalar to 156 months in federal prison. Gonzales received a 112-month-term of imprisonment. Marichalar’s sentence includes upward adjustments or increases in his calculated sentencing guideline range because he was found to be a leader within the conspiracy and found to have maintained premises to facilitate the offloading, processing and distribution of illicit narcotics.
Marichalar and Gonzalez have also forfeited their interests in several pieces of real estate and numerous personal items, including cars, tractors, trailers, guns and jewelry, valued at more than $1.5 million. They have also agreed to a $10 million money judgment against them. Marichalar was also ordered to pay a $50,000, while Gonzalez was ordered to pay a $25,000 fine.
The other eight charged and convicted in the case were previously sentenced to terms ranging from 38 – 189 months in federal prison.
All were part of a multi-state drug trafficking and money laundering organization that had existed since 2010. The drug trafficking organization, based out of the Rio Grande Valley, would hire out-of- state truck drivers to haul loads of produce with ton quantities of marijuana hidden in false compartments. Drug proceeds would then be transported back to the Rio Grande Valley. The conspiracy extended to Indiana, Kentucky, Illinois, North Carolina and Tennessee.
The case was the result of a nearly three-year Organized Crime Drug Enforcement Task Force investigation led by the Drug Enforcement Administration with the assistance of Internal Revenue Service-Criminal Investigation; Immigration and Customs Enforcement’s Homeland Security Investigations; Bureau of Alcohol, Tobacco, Firearms and Explosives; FBI; Sheriff’s Offices in Cameron and Zapata Counties; Hidalgo County High Intensity Drug Trafficking Area task force; Border Patrol and the Brownsville Police Department. Assistant U.S. Attorney Angel Castro is prosecuting the case.
Detroit woman sentenced to federal prison for heroin chargeRead the Press Release
HUNTINGTON, W.Va. – A Detroit woman who was caught in Huntington with heroin in December 2016 was sentenced today to four years and three months in federal prison for a drug crime, announced United States Attorney Carol Casto. Ebony Inez-Latee Johnson, 43, previously pleaded guilty to a single-count indictment charging her with possession with intent to distribute heroin.
On December 4, 2016, an officer with the Huntington Police Department conducted a traffic stop of a vehicle Johnson was driving at the intersection of 9th Avenue and 10th Street in Huntington. During the stop, the officer located a bag containing approximately 23 grams of heroin that was concealed in Johnson’s jacket pocket. The heroin was packaged in 43 individually wrapped bags, and Johnson admitted at her plea hearing that the heroin was intended for distribution.
Johnson further admitted at the hearing that, on April 14, 2016, a trooper with the Michigan State Police conducted a traffic stop of a vehicle operated by Johnson in Taylor, Michigan. The trooper seized approximately 124 grams of heroin and 135 thirty mg oxycodone tablets from the vehicle.
The Huntington FBI Drug Task Force and the Huntington Police Department conducted the investigation, with assistance from the Michigan State Police. Assistant United States Attorney Joseph F. Adams handled the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This case was prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Detroit man sentenced to over six years in federal prison for heroin crimeRead the Press Release
HUNTINGTON, W.Va. – A Detroit man who was among a group arrested for distributing heroin in Huntington in 2015 was sentenced today to six years and four months in federal prison for a drug charge, announced United States Attorney Carol Casto. Damond Idress Robinson-King, 23, previously pleaded guilty to aiding and abetting the possession with intent to distribute 100 grams or more of heroin.
On October 5, 2015, members of the Huntington FBI Drug Task Force conducted a search at 1826 Old 16th Street Road in Huntington after an investigation revealed multiple individuals from Detroit were using the residence to store and distribute heroin. During the search, agents located Robinson-King and two other individuals inside the residence. Agents also seized approximately 306 grams of heroin and $51,479 in United States currency. Robinson-King admitted that he and the other individuals intended to sell the heroin. As part of the plea agreement, Robinson-King further admitted to all of the other conduct charged in the indictment.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Darries Leon Jackson Sentenced to Life in Prison for Being a Felon in Possession of AmmunitionRead the Press Release
GREENEVILLE, Tenn.– Darries Leon Jackson, a.k.a.“Darryl Jackson,” 58, of Morristown, Tennessee, was sentenced on July 31, 2017, by the Honorable J. Ronnie Greer, U.S. District Court Judge, to serve life in federal prison for his conviction of possession of ammunition by a convicted felon. There is no parole in the federal system.
Jackson was convicted, following a three-day jury trial in April 2017. He was subject to the provisions of the Armed Career Criminal Act, whereby a person convicted of possessing a firearm or ammunition after a felony conviction is subject to a minimum mandatory 15-year sentence up to life in prison if that person has three or more prior violent felony or drug felony convictions.
Jackson is awaiting trial in state court for the murder of one individual in Hawkins County and attempted murder of another individual in Hamblen County in October 2014. The ammunition that was the subject of his federal charges is believed to be the same ammunition used in the commission of these crimes.
Agencies involved in this investigation included the Hawkins County Sheriff’s Office, Hamblen County Sheriff’s Office, and Bureau of Alcohol Tobacco Firearms and Explosives. Assistant U.S. Attorney J. Gregory Bowman and Special Assistant U.S. Attorney Lindsey W. Lane represented the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.
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Cottage Grove Youth Pastor Sentenced for Distribution of Child PornographyRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced the sentencing of WILLIAM LEONARD HELKER, 47, for distribution of child pornography. HELKER pleaded guilty on March 3, 2017, to one count of distribution of child pornography. On July 27, 2017, United States District Judge Patrick J. Schiltz sentenced HELKER to 150 months in federal prison and 15 years of supervised release.
“Helker is a dangerous child predator who disguised himself as a youth pastor. Instead of providing guidance to young people, he used his position as a trusted leader to prey upon them,” said Assistant United States Attorney Katharine Buzicky. “This sentence recognizes the disturbing nature of Helker’s actions and his appalling betrayal of community trust.”
“This child sexual exploitation case originated in Finland with the arrest there of another child predator,” said J. Alex Khu, special agent in charge of HSI St. Paul. “In addition to our nationwide offices, Homeland Security Investigations operates 62 offices in 46 countries to work with our international law enforcement partners to identify and investigate cases like this. There is no anonymity on the internet, and there’s no place on the planet where child predators can hide.”
“The Bureau of Criminal Apprehension will not tolerate those who betray the trust of a child through abhorrent crimes like those committed by Mr. Helker,” said BCA Superintendent Drew Evans. “Holding him accountable for his actions in no way undoes he harm he’s done, but will prevent him from hurting even more children.”
According to the defendant’s guilty plea and documents filed in court, on October 22, 2016, Homeland Security Investigations (HSI) and the Minnesota Bureau of Criminal Apprehension (BCA) received a cybertip from the National Center for Missing and Exploited Children (NCMEC) indicating that a Minnesota man exchanged child pornography with and individual in Finland. The cybertip was listed as “Priority 1” because NCMEC assessed that children were currently in danger. Through a joint investigation, BCA and HSI agents were able to identify the Minnesota man as WILLIAM HELKER, a youth pastor in Cottage Grove, Minn.
According to the defendant’s guilty plea and documents filed in court, HELKER admitted to sending sexually explicit images of prepubescent children to individuals using social media. HELKER also admitted to engaging in sexually explicit online chat conversations with someone who described herself as a 14-year-old as well as possessing thousands of image and video files containing child pornography. Additionally, HELKER admitted to creating sexually explicit collages using ordinary snapshots of real minors and superimposing the photographs onto pornographic images.
This case was prosecuted by Assistant United States Attorney Katharine T. Buzicky
This case is the result of an investigation conducted by the Homeland Security Investigations-St. Paul, the Minnesota Bureau of Criminal Apprehension and originated with a cybertip from the European Police Office and the National Center to Missing and Exploited Children.
This case was brought as part of Project Safe Childhood (PSC), 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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, PSC marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children and identify and rescue victims. For more information about PSC, please visit http://www.justice.gov/psc/ For more information about internet safety education, please visit http://www.justice.gov/psc/resources.html and click on the tab “resources.”
Defendant Information:
WILLIAM LEONARD HELKER, 47
Pine City, MN
Convicted:
- Distribution of Child Pornography, 1 count
Sentenced:
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150 months in prison
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15 years supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Colorado Man Sentenced for Sexual Contact with a MinorRead the Press Release
United States Attorney Randolph J. Seiler announced that a Denver, Colorado, man convicted of Sexual Contact with a Minor was sentenced on July 31, 2017, by U.S. District Judge Roberto A. Lange.
Isaac Padilla, age 24, was sentenced to 10 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Padilla was indicted by a federal grand jury on March 7, 2017. He pled guilty on April 25, 2017.
The conviction stems from an incident on February 25, 2017, when Padilla, who was intoxicated, intentionally touched the breast of a 15-year old girl through her clothing.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Padilla was immediately turned over to the custody of the U.S. Marshals Service.Collin County Man Guilty of Child Enticement ViolationsRead the Press Release
PLANO, Texas — A 43-year-old Richardson, Texas man has been found guilty of child enticement charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston.
Jason Craig Montgomery was found guilty by a jury of attempted coercion and enticement of a minor. The verdict was reached late in the evening of July 27, 2017, following a three-day trial before U.S. District Judge Marcia Crone.
According to information presented in court, in March 2017, Montgomery placed an ad on an online classified advertising website that raised law enforcement concerns as to whether Montgomery was seeking to engage in sexual activity with a child. Accordingly, an undercover FBI agent responded to the ad as an individual with access to a minor child. Between March 30, 2017 and April 18, 2017, Montgomery engaged in an ongoing and repeated exchange of messages with the undercover agent, in an attempt to coerce and entice the minor child to whom the agent purportedly had access. In those messages, Montgomery expressed his interest in enticing the child, indicated his willingness to engage in sexual activity with the child, his concerns about law enforcement detection, and asked to meet with the child. On April 18, 2017, Montgomery arrived at a designated residence in Plano, Texas, at which time he was arrested by members of the Plano Police Department and the Federal Bureau of Investigation. A search of Montgomery’s vehicle revealed a number of items brought for the child, including alcohol and prophylactics. Montgomery was indicted by a federal grand jury on May 10, 2017.
Under federal statutes, Montgomery faces a minimum of 10 years and up to life in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation and the Plano Police Department and prosecuted by Assistant U.S. Attorneys Marisa Miller and Bradley Visosky.
Barstow Man Charged with Killing a California CondorRead the Press Release
BAKERSFIELD, Calif. — A two-count criminal complaint was filed against Matthew Paul Gumz, 39, of Barstow, charging him with taking a California condor in violation of both the Endangered Species Act and the Migratory Bird Treaty Act, U.S. Attorney Phillip A. Talbert announced. Gumz made his initial appearance Monday before U.S. Magistrate Judge Jennifer L. Thurston and pleaded not guilty to both charges.
According to court documents, the California Department of Fish and Wildlife received an anonymous tip about the death of a male juvenile California condor. A U.S. Fish and Wildlife Service biologist located the dead condor, designated as Condor 780, on federal land in Kern County. Condor 780 had a large distinctive green tag on its left wing with “80” printed on it in large white numbers. On September 30, 2016, Gumz was deer hunting in the Bean Canyon area, which is managed by the Bureau of Land Management. Gumz field dressed a deer and hung it in a tree, and left. When he returned to the area, Gumz saw condors and other birds near his deer and allegedly shot and killed Condor 780 with a rifle.
The California condor is protected by the Endangered Species Act and the Migratory Bird Treaty Act. Condor 780 came from an egg laid at the World Center Birds of Prey in Boise, Idaho and was fostered in the wild by condors in a monitored nest in Southern California. The nest was managed by the Hopper Mountain National Wildlife Refuge as part of the California Condor Recovery Program.
This case is the product of an investigation by the U.S. Fish and Wildlife Service, the Bureau of Land Management, and the California Department of Fish and Wildlife. Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.
If convicted, Gumz faces a maximum statutory penalty of up to one year in prison and a $100,000 fine for the Endangered Species Act violation and up to six months in prison and a $15,000 fine for the Migratory Bird Treaty Act violation. Additionally, the court can order restitution and order the forfeiture of the firearm used in the offense. 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.
28 July 2017
Woodbridge Man Sentenced for Drug and Firearms CrimesRead the Press Release
ALEXANDRIA, Va. – A man who dealt drugs and possessed a firearm in furtherance of his drug trafficking activity was sentenced today to 10 years in prison.
Jerrell Chisholm, 32, pleaded guilty on April 7. According to court documents, Chisholm knowingly and intentionally conspired with others to distribute 28 grams or more of cocaine base. Chisholm also carried a firearm while dealing drugs, as a means of protecting his drug supply, drug proceeds, and personal security. On January 24, Chisholm’s attempted to flee from arrest and in the process he struck two vehicles, including a vehicle belonging to the U.S. Marshals, and crashed into a building.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Michael B. Boxler, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) Washington Field Division, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Colleen E. García prosecuted 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. 1:17-cr-71.
Wood County man pleads guilty to federal drug crimeRead the Press Release
CHARLESTON, W.Va. – A Wood County man pleaded guilty yesterday to a federal methamphetamine crime, announced United States Attorney Carol Casto. Joseph Daniel Mills, 39, of Walker, entered his guilty plea to possession with intent to distribute methamphetamine.
Mills admitted that on May 12, 2017, members of the Parkersburg Narcotics and Violent Crimes Task Force, along with FBI agents, executed a search warrant at his residence in Walker. Among other items, law enforcement seized approximately 10 ounces of methamphetamine, 21 firearms, body armor, and scales. Mills further admitted that he stored and distributed methamphetamine in his residence and possessed the firearms, in part, to protect his drugs and drug proceeds.
Mills faces up to 20 years in federal prison when he is sentenced on October 30, 2017.
The Parkersburg Narcotics and Violent Crimes Task Force and the FBI conducted the investigation. Assistant United States Attorney Joshua C. Hanks is in charge of the prosecution. The plea hearing was held before United States District Thomas E. Johnston.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime. This case is also part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Westerly Resident to Plead Guilty to Trafficking Steroids, Money Laundering ChargesRead the Press Release
PROVIDENCE – According to signed documents filed today in U.S. District Court in Providence, Evan Speck, 34, of Charlestown, has agreed to plead guilty to an information charging him with possession with the intent to distribute steroids, distribution of a misbranded drug, and money laundering.
According to a plea agreement filed in this matter, in addition to pleading guilty to possession with the intent to distribute steroids, distribution of a misbranded drug, and money laundering, Speck will forfeit to the government 3 firearms and a total of $17,954 in cash seized during a court authorized search executed on March 20, 2017, during the investigation into this matter; and will, based on his narcotics trafficking, as charged in the information, forfeit a sum of money equal to the total value of forfeitable assets, in the amount of $536,000.
According to court documents, the government and Speck have agreed that for the purpose of calculating the appropriate sentencing guideline range, the amount of steroids relevant to count one of the information is the equivalent of 79.99 kilograms of marijuana; the defendant possessed a dangerous weapon in connection with drug trafficking; and the defendant distributed an anabolic steroid to an athlete.
An information is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Today’s court filings are announced by Acting United States Attorney Stephen G. Dambruch; Jeffrey Ebersole, Special Agent in Charge of the New York Field Office of the U.S. Food and Drug Administration (FDA) Office of Criminal Investigations; Joel P. Garland, Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation; Shelly A. Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations (HSI) for New England.
Possession with the intent to distribute steroids is punishable by statutory penalties up to 10 years imprisonment, a fine of $500,000, and a term of supervised release of 3 years. Distribution of a misbranded drug is punishable by statutory penalties up to 3 years imprisonment, a fine of $250,000, and a term of supervised release of 1 year. Money laundering is punishable by statutory penalties of up to 20 years imprisonment, a fine of $500,00, and a term of supervised release of 3 years.
The case is being prosecuted by Assistant U.S. Attorneys Dulce Donovan and Mary E. Rogers.
The matter was investigated by the Rhode Island FDA Office of Criminal Investigations Task Force, IRS Criminal Investigation, U.S. Postal Inspection Service and Homeland Security Investigations.
The Rhode Island FDA Office of Criminal Investigations Task Force is comprised of agents and officers from the FDA, IRS, DEA, HSI, Rhode Island State Police and the East Providence, North Providence and Westerly Police Departments.
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Two More Albuquerque Residents Plead Guilty to Federal Charges Arising Out of ATF-Led Operation Targeting Drug Trafficking and Firearms Crime in Bernalillo CountyRead the Press Release
ALBUQUERQUE – In Aug. 2016, a multi-agency investigation led by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) concluded with the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. To date, 68 of the 104 defendants charged as the result of this investigation have entered guilty pleas and 30 of them have been sentenced.
Juan Jose Rivas, 33, and Guajira Maya Lovato, 44, both pled guilty yesterday in federal court to methamphetamine trafficking charges. Lovato, who was charged in three indictments filed as the result of the investigation, pled guilty under a plea agreement requiring a five-year prison sentence.
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.
One indictment charged Rivas, Lovato and their co-defendants Janet Bowman, 40, and Anthony Barela, 34, with a methamphetamine trafficking offense. The indictment was superseded to add a fifth defendant, Maria Citlaly Beltran-Ahumada, 37, and another methamphetamine trafficking charge. The superseding indictment charged the five defendants with conspiracy to distribute methamphetamine from June 21, 2016 through Aug. 9, 2016, and with distributing methamphetamine on June 22, 2016.
A second indictment charged Lovato and co-defendant Desiree Otero, 24, with conspiracy to distribute heroin from July 20, 2016 through Aug. 9, 2016 and with distributing heroin on July 20, 2016. A third indictment charged Lovato and co-defendants Daniel Loya, 31, and Richard Cortez, 37, with conspiracy to distribute methamphetamine from July 21, 2016 through Aug. 9, 2016, and with distributing methamphetamine on July 21, 2016.
During yesterday’s proceedings, Rivas pled guilty to an information charging him with distributing methamphetamine, and admitted that on June 22, 2016, he participated in the sale of two ounces of methamphetamine to another individual. At sentencing, Rivas faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
Lovato entered a guilty plea in the same case to a methamphetamine distribution charge, and admitted that on June 22, 2016, she communicated with a drug purchaser regarding the price for two ounces of methamphetamine and later helped to complete the transaction. Her sentencing hearing also has yet to be scheduled.
The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These cases were investigated by the Albuquerque office of ATF and are being prosecuted by Assistant U.S. Attorney Presiliano Torrez.
Top of the Chain Heroin Trafficker Sentenced to Life in Federal PrisonRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Kenneth Kennedy Shannon, 52 age, from Vance, South Carolina, was sentenced in federal court in Charleston by United States District Court Judge David Norton to life in prison without parole. Shannon was sentenced as a result of his conviction for his leadership as the source of supply in a conspiracy to distribute more than a kilogram of heroin.
United States Attorney Drake recognized the work of the Charleston Drug Enforcement Task Force, which is comprised of federal agents and task force officers from local Charleston area agencies, including the City of Charleston Police Department. “We are working with our state and local law enforcement partners to address the uptick in heroin distribution and opiate abuse. It is a public health crisis that has our full attention and deserves the full array of our enforcement tools including life sentences like that handed down by the court.”
Ms. Drake said that there is an effort underway to address heroin trafficking in the Charleston community. She advised that Assistant United States Attorney Sean Kittrell prosecuted the case for sentencing and was the trial attorney along with Assistant United States Attorney Matt Austin.
The sentence was a result of two factors. First, the jury found beyond a reasonable doubt that Shannon was guilty and had distributed more than a kilogram of heroin during the life of the conspiracy. Second, Shannon was a recidivist drug trafficker and had numerous previous drug convictions. Under federal law, the Court was required to sentence Shannon to life in prison.
Shannon’s distribution network spread heroin from 2012 until his arrest on February 28, 2014. According to Kittrell, a kilogram was a conservative estimate of the amount of heroin Shannon actually sold. On the streets, a kilo can be equated to 33,000 bags or doses of heroin. Bags of heroin often sell for $20 to $25 which means that the street value in this case was between $666,666 and $833,333.
This particular investigation began after a series of overdoses affected the Charleston community. Over time, undercover buys were made and sources provided information. Surveillance was conducted. Agents eventually secured two wiretaps and Shannon was identified as the major source of supply. Investigators also learned that Shannon was bringing a load of heroin down by train from New York on February 27, 2014. He got off the Amtrak in Kingstree, South Carolina and went to his stash house in Vance, South Carolina. The next day, Shannon, drove to meet with one of his retail distributors. The DEA Task Force, working with the North Charleston Police Department, made a traffic stop on the Tahoe in which he was riding. Shannon, the passenger, was being driven by a close relative who had his 8-month-old grandchild in a car seat in the back of the SUV. After the driver got out of the vehicle to speak with police, Shannon jumped over the console into the driver’s seat. He took off and led police on a high speed chase. That chase was called off as soon as police realized that there was a child in the car. While Shannon was fleeing from police, a citizen saw the driver of the Chevrolet Tahoe throw a baseball-sized bag out of the window near Tony Way. That citizen flagged down an alert North Charleston police officer involved in the chase. Assistant United States Attorney Sean Kittrell said that although the bag was run over by another vehicle, the officer was able to recover approximately two (2) grams of heroin (approximately 67 bags or doses of heroin). Shannon also threw another package out on the ramp at Montague Avenue that was later recovered by DEA agents. The box held 500 blues bags of heroin. This was a marketing tool as customers regarded the heroin in the blue bags as a great product.The task force learned where Shannon was and arrested him in the Tahoe later that same afternoon. The Tahoe had residue powder on the driver’s side door, which Agents concluded came from throwing the baseball-sized bag of heroin out of the SUV. Because the baby was not in the car, the task force immediately began to attempt to ascertain the child’s location. Once they learned the baby was safe, agents executed a search warrant on Shannon’s stash house in Vance, South Carolina. Inside, agents recovered about 130 grams of heroin (enough for about 4,334 bags or doses of heroin, according to Kittrell), a Krupp’s coffee grinder with heroin residue along with two (2) metal strainers, a digital scale, and a glass pestle (all used to chop up compressed blocks of heroin ); twelve (11) small cardboard brown boxes, each holding about 600 unused individual "bindle" bags (all packaging for individual drug sales); a green grocery bag with many more "bindle" bags; two digital scales; a traffic citation issued to Kenneth Kennedy Shannon; and seven (7) bars of Mannite "Cicogna" which is used as a cutting agent by heroin traffickers to increase the weight of drugs to create more product.
Shannon was indicted on federal charges and went to trial on July 27, 2016. During the trial, Shannon jumped up and started screaming at the court and the jury. He had to be subdued by deputy United States Marshals and removed from the courtroom. After 3 days of trial, Shannon was convicted of conspiracy to distribute heroin, in violation of Title 21 of the United States Code.
Jason Sandoval, Resident Agent in Charge of the local DEA office commented, “The Charleston community is deeply affected by the heroin problem. It is a devastating drug. Shannon was a major trafficker and a life sentence sends a message to other traffickers who bring this drug into our community. The DEA task force is dedicated to being a full partner of local and federal agencies, citizen advocacy groups, and all others who wish to stem the scourge of heroin in our community.”
Evidence Seized During the Investigation:
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Three Defendants Plead Guilty to Firearms Trafficking ConspiracyRead the Press Release
Earlier today, Kevin Todd, Kenneth Todd and Keycia Bynum pled guilty at the federal courthouse in Brooklyn, New York, to conspiracy to engage in the business of firearms dealing without a license.
The pleas were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Ashan M. Benedict, Special Agent-in-Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and James P. O’Neill, Commissioner, New York City Police Department (NYPD).
According to court filings, Bynum acted as a straw purchaser, purchasing approximately 18 firearms at gun shops and shows in Virginia between May 2014 and November 2014. In May 2014, the New York City Police Department recovered three of the firearms purchased by Bynum in Queens, New York. Kevin Todd had sold those three firearms to an individual in Queens, and the sales of those firearms were facilitated by his brother Kenneth Todd.
The pleas were entered before Magistrate Judge Cheryl L. Pollak. At sentencing, the defendants face a maximum of five years’ imprisonment.
The government’s case is being prosecuted by Assistant United States Attorneys Alicia N. Washington and Hiral D. Mehta.
The Defendants:
KEVIN TODD
Age: 39
Portsmouth, VA
KENNETH TODD
Age: 43
Queens, NY
KEYCIA BYNUM
Age: 40
Chesapeake, VA
E.D.N.Y. Docket No. 16-CR-497 (S-3) (FB)
Taunton Man Sentenced for Heroin and Fentanyl DistributionRead the Press Release
BOSTON – A Taunton man was sentenced today in federal court in Boston for his role in a heroin and fentanyl trafficking operation in southeastern Massachusetts.
Philip Malaguti, 33, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to 51 months in prison and three years of supervised release. In March 2017, Malaguti pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute heroin and fentanyl.
After a 15-month investigation, Malaguti and 24 others were arrested and charged in October 2015 in connection with a heroin trafficking ring led by Dedwin Cruz-Rivera operating primarily in southeastern Massachusetts. An April 2016 superseding indictment brought the total number of defendants charged to 26.
Malaguti purchased heroin from co-defendant Will Rodriguez for personal use, and at times, Malaguti shared the heroin he purchased with other users.
Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement. Assistant U.S. Attorneys Thomas E. Kanwit and Karen Beausey of Weinreb’s Narcotics and Money Laundering Unit are prosecuting the cases.
Tampa Woman Sentenced to Prison for Misbranded Drugs Used in Connection with Buttocks InjectionRead the Press Release
Tampa, FL – U.S. District Judge Elizabeth A. Kovachevich today sentenced Isabel Colmenares (56, Tampa) to a year and a day in federal prison for receiving misbranded items with the intent to defraud. The Court also ordered her to pay $15,500 in restitution to a victim who suffered adverse medical conditions from the injections.
Colmenares pleaded guilty on October 17, 2016.
According to court documents, in December 2015, Colmenares offered to provide buttocks injections to an undercover officer claiming to use purified hyaluronic acid in the injections. Instead, Colmenares planned to use silicone that she had purchased from an individual who imported it from Colombia, falsely labeling it as “mineral oil” to avoid inspection. Colmenares, who is not licensed in Florida to perform injections on any kind, had previously offered the same silicone injections for money.
This case was investigated by the Food and Drug Administration. It was prosecuted by Assistant United States Attorney Kelley Howard-Allen.
South Carolina Man Pleads Guilty to Interstate Stalking ChargeRead the Press Release
PITTSBURGH - A resident of Clover, South Carolina pleaded guilty in federal court to a charge of interstate stalking, Acting United States Attorney Soo C. Song announced today.
Nathaniel Earl Dunlap, 29, of Clover, South Carolina pleaded guilty to one count before United States District Judge Nora Barry Fischer.
In connection with the guilty plea, the court was advised that Dunlap placed false and fraudulent food delivery orders online, using the identity of other individuals, whereby placing the victim under substantial emotional distress.
Judge Fischer scheduled sentencing for November 21, 2017 at 9:00 a.m. The law provides for a total sentence of five years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Robert S. Cessar is prosecuting this case on behalf of the government.
The United States Secret Service and United States Postal Inspection Service conducted the investigation that led to the prosecution of Dunlap.
Sioux Falls Man Pleads Guilty to Firearms ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that Ehab Abdulmutta Jaber, age 46, of Sioux Falls, South Dakota, appeared before U.S. Magistrate Veronica L. Duffy on July 25, 2017, and pled guilty to an Indictment that charged him with Possession of Firearms by a Prohibited Person.
The maximum penalty for the offense is 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund.
Jaber was attending an event at the Hilton Garden Inn South in Sioux Falls on April 9, 2017, when security officers noticed him using his phone to take a video of the crowd. As videotaping was not allowed at the venue, security asked Jaber to leave. Jaber went to his vehicle and posted a Facebook live feed in which he pulled firearms out of his vehicle and from his person. He made statements on the feed that law enforcement believed were terroristic threats. Jaber was arrested and five firearms were seized.
Jaber admitted to law enforcement that he was addicted to methamphetamine, which makes it illegal for him to possess firearms under federal law.
The investigation was conducted by the Sioux Falls Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Criminal Chief Dennis R. Holmes.
A presentence investigation was ordered and a sentencing date has been scheduled for October 16, 2017. The defendant was remanded to the custody of the U.S. Marshals Service pending sentencing.
Sex Offender Sentenced for Failure to RegisterRead the Press Release
BOSTON - A North Grafton man was sentenced in federal court in Worcester today for failing to register as a sex offender.
Richard Sease, 50, was sentenced by U.S. District Court Judge Timothy S. Hillman to four years in prison and 10 years of supervised release. On Jan. 30, 2017, Sease pleaded guilty to failure to register as a sex offender.
In 1993, Mr. Sease was convicted of multiple sex offenses, including two counts of assault with intent to rape and indecent assault and battery on a person over 16. These offenses involved multiple victims, and as a result of these offenses, the defendant was designated a Level III sex offender and required to register for life.
After his release from prison, Sease was again convicted of multiple violent crimes for which he served additional time in prison. In 2013, after his release from jail, Sease left Massachusetts and moved to Ohio, and then to Pennsylvania, where he lived until he was arrested in 2015. Sease failed to update his sex offender registration when he left Massachusetts, and he never registered in Ohio or Pennsylvania.
Acting United States Attorney William D. Weinreb and John Gibbons, U.S. Marshal of the U.S. Marshals Service, District of Massachusetts, made the announcement today. Assistant U.S. Attorney Karin M. Bell of Weinreb’s Worcester Branch Office prosecuted the case.
Sentencings for July 21 - July 24, 2017Read the Press Release
Filiberto Santos-Escareno, 24, of Mexico, was sentenced by Federal District Court Judge Alan B. Johnson on July 24, 2017, for illegal re-entry of a previously deported alien into the United States. Santos-Escareno was arrested in Casper, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Jose Santos Yuriar, 31, of Phoenix, Arizona, was sentenced by Federal District Court Judge Scott W. Skavdahl on July 21, 2017, for conspiracy to distribute methamphetamine and for money laundering. Yuriar was arrested in Phoenix, Arizona. He received 87 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $200.00 special assessment and $300.00 in restitution. This case was investigated by the Wyoming Division of Criminal Investigation, the United States Postal Inspection Service and the Internal Revenue Service.
Brian Thomas Yuriar, 22, of Phoenix, Arizona, was sentenced by Federal District Court Judge Scott W. Skavdahl on July 21, 2017, for conspiracy to distribute methamphetamine and for conspiracy to launder money. Yuriar was arrested in Phoenix, Arizona. He received 87 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $200.00 special assessment and $300.00 in restitution. This case was investigated by the Wyoming Division of Criminal Investigation, the United States Postal Inspection Service and the Internal Revenue Service.
Sells Man Sentenced to 37 Months in Prison for Sexual Abuse of a MinorRead the Press Release
TUCSON, Ariz. – This week, Alvin Edison Moreno, 53, of Sells, Ariz., a member of the Tohono O’odham Nation, was sentenced by Chief U.S. District Judge Raner C. Collins to 37 months in prison. Moreno had previously pleaded guilty to one count of abusive sexual contact of a minor. The minor victim is also a member of the Tohono O’odham Nation. Moreno will be placed on lifetime federal supervision and be required to register as a sex offender for the rest of his life.
The investigation in this case was conducted by both the Tohono O’odham Police Department and the Federal Bureau of Investigation. The prosecution was handled by Charisse Arce and Micah Schmit, Assistant U.S. Attorneys, District of Arizona, Tucson.
CASE NUMBER: CR-16-0636-TUC-RCC-JR
RELEASE NUMBER: 2017-065_Moreno
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Seattle Man Arrested for the Attempted Extortion of Leagle.com and Several Other Media CompaniesRead the Press Release
DALLAS — Kamyar Jahanrakhshan, aka “Kamyar Jahan Rakhshan,” “Andy or Andrew Rakhshan,” “Andy or Andrew Kamyar,” and “Kamiar or Kamier Rakhshan,” 32, of Seattle, Washington, was arrested today on a federal criminal complaint charging him with extortion by threats to cause damage to the Dallas, Texas hosting company for Leagle.com, announced U.S. Attorney John Parker of the Northern District of Texas.
According to the affidavit filed with the complaint, on December 30, 2014 Leagle.com, an aggregator of case law from Federal and certain State courts, was contacted by an individual by the name of Andrew Rakhshan by e-mail requesting that a URL linking to a court decision involving Rakhshan be deleted. Claiming that he was the plaintiff in the case, Rakhshan stated that he did not want the opinion available on the internet as it was tarnishing his reputation and violating his privacy. Rakhshan offered to pay a fee to have the post removed.
Between December 30, 2014 and January 16, 2015, Leagle.com received multiple e-mails signed by Andrew Rakhshan offering to pay for the removal of a court opinion in which Rakhshan was a party to. On January 24, 2015 Rakhshan again sent an e-mail claiming that he met a group of hackers online whom were willing to launch a massive cyber-attack on Leagle.com. Rakhshan claimed that he had no other options to resolve the matter. He threatened to use these hackers to conduct a Distributed Denial of Service (DDoS) attack to force Leagle.com to comply with his demands. On January 25, 2015, a large amount of traffic targeted the IP address for Leagle.com. The actions the company took could not mitigate the attack traffic. The attack subsided once the company removed the link to the court opinion.
Similar DDoS attacks were carried out by Rakhshan on Fairfax Media5, a media company in Australia and New Zealand; The Metro News, a daily newspaper; Canadian Broadcasting Corporation; and Canada.com, a social media discussion site. At times Rakhshan escalated his threats from DDoS attacks to threats of bomb attacks.
A criminal complaint is a written statement of the essential facts of the offense charged and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The government has 30 days to present the matter to a grand jury for indictment. The maximum statutory penalty for the offenses as charged is 5 years in federal prison and a $250,000 fine.
The Federal Bureau of Investigation investigated the case, with assistance from the FBI Dallas cyber squad, Seattle cyber task force, Toronto police department, and the Australian federal police. Assistant U.S. Attorney C.S. Heath is in charge of the prosecution.
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Salt Lake City Man Sentenced to 330 Months in Federal Prison for Distribution of Child PornographyRead the Press Release
SALT LAKE CITY – Donald Ray Fritcher, age 36, of Salt Lake City, will spend 330 months in federal prison after pleading guilty to distribution of child pornography. U.S. District Judge Dale A. Kimball, who imposed the sentence, also placed Fritcher on supervised release for life when he finishes his federal prison sentence. There is no parole in the federal criminal justice system.
“Protecting vulnerable victims is one of the highest priorities in my office. In Utah, we cannot, and will not, tolerate the exploitation of children. he significant sentence imposed in this case will help protect children in Utah communities from a dangerous predator,” U.S. Attorney John W. Huber said today.
As a part of a plea agreement reached with federal prosecutors, Fritcher admitted that between about July 1, 2015, and April 2016, he shared, through a file sharing program, images and videos of child pornography. These images included depictions of prepubescent and minor children posing in various stages of undress and in sexually explicit poses. He further stipulated that the images also depicted the sexual abuse of minor children. Fritcher had more than 600 images and videos in his possession. Included in the images were pictures taken by Fritcher of two minor victims.
Fritcher, a registered sex offender in Utah, has two previous state convictions for attempted sex abuse of a child. According to the indictment filed in the case, the pictures of the two minors were taken subsequent to his convictions in state court.
Federal authorities arrested Fritcher in Utah in May 2016. His arrest followed an investigation conducted by special agents of Homeland Security Investigations in Salt Lake City and Philadelphia working in collaboration with an investigator with the Royal Canadian Mounted Police. The Utah agent is a member of the Utah Internet Crimes Against Children Task Force and the FBI’s Child Exploitation Task Force.
"HSI takes very seriously our responsibility to rescue victims of child pornography, including the two victims in this case who no longer have to endure this abuse," said John Eisert, Acting Special Special Agent in Charge of HSI Denver. "Donald Fritcher's prison sentence sends a clear message to criminals like him who abuse our children: we will find you and we will bring you to justice.”
Fritcher was charged with production of child pornography and possession of child pornography in an indictment returned by a federal grand jury in May 2016. He pleaded guilty to a felony information in February 2017 charging his with distribution of child pornography.
Princeton drug dealer pleads guilty to federal heroin crimeRead the Press Release
CHARLESTON, W.Va. – A Princeton heroin dealer pleaded guilty today to a federal drug charge, announced United States Attorney Carol Casto. Terrance Raheem Simmons, 41, entered his guilty plea to distribution of heroin.
Simmons admitted that on April 20, 2017, he sold heroin to a confidential informant working with law enforcement. The drug deal took place in Princeton.
Simmons faces up to 20 years in federal prison when he is sentenced on October 31, 2017.
The case was investigated by the Southern Regional Drug and Violent Crime Task Force. Assistant United States Attorney John L. File is responsible for the prosecution. The plea hearing was held before Senior United States District David A. Faber.
This prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Philadelphia Man Charged with Twelve Counts of Drug DisitributionRead the Press Release
Richard Bernard, 38, of Philadelphia, Pennsylvania was charged today in a 12 count Indictment with distribution of heroin, two counts of possession with intent to distribute heroin, possession with intent to distribute cocaine, possession with intent to distribute cocaine base, possession with intent to distribute oxycodone, selling counterfeit federal reserve notes, possession of counterfeit federal reserve notes, manufacturing counterfeit federal reserve notes, assaulting a federal officer, possession of a firearm possession by a convicted felon, and possession of a firearm in in furtherance of a drug trafficking crime, announced Acting United States Attorney Louis D. Lappen.
If convicted of all of the charges against him the defendant faces a maximum possible sentence of life imprisonment, at least three years of supervised release up to lifetime supervised release, and a $7,500,000 fine.
The case was investigated by the United States Drug Enforcement Administration, the United States Secret Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorneys Linwood C. Wright, Jr. and Sarah Damiani.
New Jersey Man Sentenced to 30 Years in Prison for Sexual Exploitation of A ChildRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Janeski, age 38, of Edison, New Jersey was sentenced on July 27, 2017, by United States District Court Judge Yvette Kane to serve 360 months’ imprisonment for sexual exploitation of a child.
According to United States Attorney Bruce D. Brandler, Janeski was a resident of New Jersey and began messaging with a fourteen-year-old child residing in York County through an I-Phone messaging application called KIK Messenger. In the course of the messaging, Janeski persuaded the child to send him sexually exploitative photos and videos. After a few months, Janeski traveled to Pennsylvania to meet with the child and took her to a York area hotel.
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."
This case was investigated by the Federal Bureau of Investigation and the Northern York County Regional Police Department. Assistant U.S. Attorney Chelsea Schinnour prosecuted the case.
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Nassau County Man Arrested and Charged with Transporting Child Pornography over the InternetRead the Press Release
Jacksonville, Florida – Acting United States Attorney W. Stephen Muldrow announces the arrest of Charles Cory Thornton (36, Yulee) on a criminal complaint charging him with transporting and attempting to transport child pornography over the Internet. He faces a mandatory minimum penalty of 5 years, up to 20 years, in federal prison. His detention hearing is scheduled for August 2, 2017.
According to the criminal complaint, on July 20, 2017, FBI agents executed a search warrant at Thornton’s residence based on suspected online child exploitation activity. Thornton was not at home, but he was located and interviewed later that day at Naval Air Station Jacksonville where he worked as a machinist. During the interview, Thornton admitted, among other things, that he had been searching for child pornography for several years using a particular file sharing program, that he knew that other users were able to download images and videos from his computer, and that he was a “pedophile” and was sexually attracted to children. In subsequent interviews over the next two days, Thornton admitted that he had used a small camera hidden in a digital clock in a bathroom to produce videos of child pornography depicting three children during 2008 and 2009. Agents recovered this camera from Thornton’s home.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney D. Rodney Brown.
It is another case 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.
Misdemeanor Immigration Prosecutions – July 2017Read the Press Release
ALBANY, NEW YORK – The following is a summary of misdemeanor immigration prosecutions from July 2017:
Marcelo Chavez-Vera, a citizen of Mexico, was sentenced on July 20, 2017 to time served (14 days in jail) following his guilty plea to illegally entering the United States. Chavez-Vera admitted that on July 7, 2017, he entered the United States by boat from Canada on the Akwesasne reservation, where he was then picked up by an acquaintance driving a vehicle. Acting on a civilian tip, Border Patrol stopped the vehicle and arrested him.
Carlos Olivar-Varon, a citizen of Mexico, was sentenced on July 20, 2017 to 20 days in jail following his guilty plea to illegally entering the United States. Olivar-Varon admitted that on July 7, 2017, he entered the United States by boat from Canada on the Akwesasne reservation, where he was then picked up by an acquaintance driving a vehicle. Acting on a civilian tip, Border Patrol stopped the vehicle and arrested him.
Michigan drug dealer pleads guilty to federal methamphetamine crimeRead the Press Release
CHARLESTON, W.Va. – A Michigan man pleaded guilty on Wednesday to a federal drug charge, announced United States Attorney Carol Casto. Willie McCall, 34, entered his guilty plea to distribution of methamphetamine.
McCall admitted that on February 7, 2017, he sold methamphetamine to a confidential informant working with law enforcement. The drug deal took place outside a local business near Nitro. Later that same date, when McCall was arrested, law enforcement found $100 of recorded buy money in his possession that was used in the controlled purchase.
McCall faces up to 20 years in federal prison when he is sentenced on October 26, 2017.
The case against McCall was investigated by the Metropolitan Drug Enforcement Network Team. Assistant United States Attorney Timothy D. Boggess is in charge of the prosecution. The plea hearing was held before United States District Judge Thomas E. Johnston
This case is being prosecuted as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Miami Resident Sentenced to 15 Years in Prison for $23 Million Boiler Room Fraud SchemeRead the Press Release
On July 26, 2017, Craig Sizer, 49, of Miami, Florida, was sentenced by United States District Judge Marcia G. Cooke to 180 months in prison for orchestrating two investment fraud schemes that targeted elderly and unsophisticated investors throughout the nation and defrauded over 700 victims out of $23 million. Sizer previously pled guilty to one count of conspiracy to commit wire and mail fraud.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida and Special Agent in Charge George L. Piro for the Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
From April 2009 to August 2015, Sizer and his co-conspirators Keith Houlihan, 49, of Boca Raton, Miguel (“Mike”) Mesa, 57, of Miami Lakes, Charles K. Topping, 40, of North Bay Village, Anita Sgarro, 54, of Marina Del Ray, California, Charles David Smigrod, 69, of Coconut Grove, Matthew William Wheeler, 33, of Miami, James Wayne Long, 60, of Miramar, Jack Willard Sini, 58, of Pembroke Pines, Juan M. Perez Ortega 47, of Miami Lakes, Martin Miller, 75, of New Haven, Connecticut, Jason David Hershberger, 40, of Fort Lauderdale, and Shawna Leigh Lynch, 44, of Fort Lauderdale, used false and fraudulent claims to solicit investors throughout the United States to buy shares of stock in Sanomedics International Holdings, Inc. (“Sanomedics”), a company that sold non-contact infrared thermometers for home healthcare and for dogs.
Sales agents used sales pitches that included several materially false statements, including that: stock sales did not include commissions or fees; sales agents were compensated with stock or paid by the hour; the stock could be sold after six months; the sales agents worked directly for Sanomedics; stock purchases were safe and secure; and famous and wealthy individuals, such as former CEOs of Apple Inc., PepsiCo, and IVAX Corp., and the “Dog Whisperer,” were either heavily invested in the company or were company representatives. In truth, the co-conspirator sales agents worked for Mesa and Sgarro in two boiler rooms, not for Sanomedics. Investors were never able to sell their stock. Approximately 90% of investor proceeds were misappropriated by the co-conspirators to cover commissions and fees. The co-conspirator sales agents were not paid by the hour and did not receive stock options, but were in fact paid hefty commissions. Additionally, there were no actual endorsements by celebrities or wealthy individuals. The investors relied on the fraudulent statements. As a result of the scheme, the co-conspirators defrauded over 700 people out of approximately $21 million.
Also, from approximately August 2014 to August 2015, Sizer, Mesa, Topping, Smigrod, Wheeler, Long, Sini, Perez, and Miller used a fraud scheme, similar to the one described above, to sell shares of stock in Fun Cool Free (“FCF”), a company that claimed to own a smartphone gaming portfolio with over 500 gaming applications. Mesa oversaw the boiler room that was utilized to facilitate the fraudulent scheme. The co-conspirators used false claims, including assertions that they worked directly for the company and that FCF was partners with Apple Computers, to defraud over 70 other investors out of $1.5 million.
Seven of Sizer’s co-conspirators previously pled guilty and were sentenced for their role with the fraudulent schemes, including the former CEO of Sanomedics, Keith Houlihan, who was sentenced to 111 months in prison and the manager of the Miami boiler room, Mike Mesa, who was sentenced to 100 months in prison. Co-conspirators Topping, Sgarro, Smigrod, Wheeler, and Long were previously convicted at trial by a Miami federal jury and are awaiting sentencing.
Mr. Greenberg commends the investigative efforts of the FBI in this matter. Mr. Greenberg also thanked the Florida Office of Financial Regulation (OFR) for their assistance. This case was prosecuted by Assistant U.S. Attorney Roger Cruz and Trial Attorneys Ryan D. Tansey and Kevin B. Hart from the Antitrust Division of the U.S. Department of Justice.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican Citizen Sentenced for Immigration FraudRead the Press Release
ALBANY, NEW YORK – Santiago Cayetano-Diaz, age 22, and a citizen of Mexico, was sentenced today to time served (60 days in jail) for immigration fraud.
The announcement was made by Acting United States Attorney Grant C. Jaquith and Thomas P. Brophy, Acting Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Cayetano-Diaz admitted that he possessed a counterfeit alien registration receipt card (commonly known as a green card) in Saratoga Springs, New York, on May 30, 2017, when he was arrested by ICE-ERO officers. Cayetano-Diaz also admitted that he is a citizen of Mexico, and that he was in the United States unlawfully.
Following his sentencing, Cayetano-Diaz was remanded to the custody of the Department of Homeland Security, for removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Mexican Citizen Charged with Human SmugglingRead the Press Release
Portland, Maine: Acting United States Attorney Richard W. Murphy announced that on July 26, 2017, Silvino ORDUNA-Cabrera, a 40 year old Mexican citizen, made his initial appearance in U.S. District Court in Portland, Maine with respect to a criminal complaint charging alien smuggling. In addition, two other Mexican citizens who had previously been removed from the United States appeared with respect to complaints charging them with re-entry after removal. An Immigration and Customs Enforcement (ICE) Deportation Officer arrested the defendants in Maine.
A criminal complaint is merely an accusation and a defendant is presumed innocent unless proven guilty in a court of law.
Marion County Man Indicted for Drug Distribution, Illegal Gun PossessionRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Marion County man for methamphetamine distribution and gun charges, announced acting U.S. Attorney Robert O. Posey and Bureau of Alcohol, Tobacco and Firearms Special Agent in Charge Steven L. Gerido.
A two-count indictment filed in U.S. District Court charges JASON LAMAR McSHERIDAN, 45, of Hamilton, with possessing with intent to distribute 50 grams or more of methamphetamine on Feb. 5, 2016, in Marion County. The indictment also charges McSheridan as a convicted felon possessing three firearms on that date, a Ruger .45-caliber semi-automatic pistol, a Taurus .45-caliber pistol and a Winchester .30-30 caliber rifle.
McSheridan’s prior convictions are first-degree burglary, 2005, and unlawfully manufacturing a controlled substance, 2011, both in Calhoun County Circuit Court, according to the indictment.
The penalty for possessing with intent to distribute 50 grams or more of methamphetamine is 10 years to life in prison and a maximum $10 million fine.
The maximum penalty for being a convicted felon in possession of a firearm is 10 years in prison and a $250,000 fine.
ATF investigated the case, which the U.S. Attorney’s Office for the Northern District of Alabama is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
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Man Charged with Fatally Shooting MPD Officer Sentenced to 27 ½ years in Federal PrisonRead the Press Release
Memphis, TN – A man charged with fatally shooting Memphis Police Department Officer Sean Bolton was sentenced today for being a convicted felon in possession of ammunition and armed carjacking. The defendant, Tremaine Wilbourn, 31, has pending state charges for capital murder. Lawrence J. Laurenzi, Acting U.S. Attorney for the Western District of Tennessee, announced the sentencing today.
On August 1, 2015, Wilbourn was in the passenger seat of a vehicle parked on a street in East Memphis when Officer Bolton approached the vehicle. Officer Bolton attempted to detain Wilbourn before the defendant pulled a 9mm pistol and shot Bolton several times.
Facts from hearings in the case outline that shortly after the shooting, Wilbourn used a firearm to carjack a man of a 2002 Honda Accord.
On July 28, 2017, the Honorable U.S. District Judge Sheryl H. Lipman sentenced Wilbourn to 25 years’ imprisonment and 3 years supervised release. Wilbourn also received an additional 30 months of incarceration for violating his supervised release, which is to run consecutive to his 25-year sentence.
The state charges against Wilbourn for the murder of Officer Bolton are pending.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives in conjunction with the Memphis Police Department. The U.S. Attorney’s Office prosecuted this case on the government’s behalf.
Long Island Man Pleads Guilty to Conspiracy and Tax Offenses Stemming from Stock "Pump and Dump" SchemeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that THOMAS HEAPHY, JR., 42, of East Moriches, N.Y., waived his right to be indicted and pleaded guilty today in New Haven federal court to conspiracy and tax offenses stemming from his role in a securities fraud scheme.
According to court documents and statements made in court, between approximately 2011 and July 2016, HEAPHY conspired with others, including Christian Meissenn, William Lieberman and Damian Delgado, to defraud investors through a stock “pump and dump” scheme. HEAPHY and his co-conspirators induced investors to purchase securities by making false and misleading representations in calls, emails and press releases concerning the securities and the issuing companies, thereby causing the price of those securities to become falsely inflated. The issuing companies, which were essentially shell companies with virtually no legitimate business activities, included Terra Energy Resources Ltd. (stock symbol “TRRE”); Mammoth Energy Group, Inc. (stock symbol “MMTE”), a company that later became Strategic Asset Leasing Inc. (stock symbol “LEAS”); Trilliant Exploration Corporation (stock symbol “TTXP”); Hermes Jets, Inc. (stock symbol “HRMJ”), which later became Continental Beverage Brands Corporation (stock symbol “CBBB”); Dolat Ventures, Inc. (stock symbol “DOLV”), and Fox Petroleum, Inc. (stock symbol “FXPT”).
HEAPHY’s numerous misrepresentations induced investors to purchase securities, thus causing the share price of the securities to become artificially inflated. Certain of HEAPHY’s co-conspirators then sold their own preexisting positions in the securities at a profit. They then allowed he price of the securities to fall, leaving investors with worthless and unsalable stock. As a result, victim investors lost millions of dollars.
HEAPHY received approximately 25 percent of all money that he induced individuals to invest. His personal gain from the scheme totaled approximately $719,000. HEAPHY disguised the income by having the funds flow through the trust accounts of various attorneys, including Corey Brinson in Connecticut, into bank accounts in the name of various shell entities under HEAPHY’s control. HEAPHY’s failure to pay taxes on this income resulted in a loss of $147,345 to Internal Revenue Service.
HEAPHY pleaded guilty to one count of conspiracy to commit mail and wire fraud, which carries a maximum term of imprisonment of 20 years, and one count of tax evasion, which carries a maximum term of imprisonment of five years. He is scheduled to be sentenced by U.S. District Judge Jeffrey A. Meyer on October 20, 2017.
At sentencing, HEAPHY will be ordered to pay restitution to his victims, as well as back taxes, interest and penalties to the Internal Revenue Service.
On November 8, 2016, Meissenn, also known as “Christian Nigohossian,” of Suffield, Conn., pleaded guilty to one count of conspiracy to commit mail and wire fraud and one count of tax evasion. He awaits sentencing.
On January 20, 2017, Brinson, of Hartford, pleaded guilty to one count of engaging in a monetary transaction in property derived from specified unlawful activity. On April 13, 2017, he was sentenced to 36 months of imprisonment.
On May 10, 2017, Lieberman, of Boca Raton, Fla., pleaded guilty to one count of conspiracy to commit mail and wire fraud and one count of tax evasion. He awaits sentencing.
On May 12, 2017, Delgado, of Orlando. Fla., pleaded guilty to one count of conspiracy to commit mail and wire fraud and one count of tax evasion. He awaits sentencing.
This ongoing investigation is being conducted by the Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigation Division and U.S. Postal Inspection Service, with assistance from the Connecticut Department of Banking and the Hartford and Stamford Police Departments. This case is being prosecuted by Assistant U.S. Attorneys Avi M. Perry and Peter S. Jongbloed.
Citizens with information that may be helpful to this ongoing investigation, or who believe they may have been victimized by this scheme, are encouraged to contact the FBI at (203) 777-6311.
Littleton Couple Convicted of Income Tax Evasion and Bankruptcy Fraud Following Two-Week TrialRead the Press Release
DENVER -- Acting United States Attorney Bob Troyer and IRS Criminal Investigation (IRS-CI) Special Agent in Charge Steven Osborne announced that today a jury found Daryl F. Yurek, age 62, and Wendy M. Yurek, age 62, both of Littleton, Colorado guilty of tax evasion and bankruptcy fraud. The guilty verdicts were the result of a two-week trial before U.S. District Court Judge William J. Martinez. The jury deliberated for approximately 3 hours before reaching their verdict. The Yurek’s, who were indicted by a federal grand jury on October 7, 2015, were allowed to remain free on bond until their sentencing by Judge Martinez. Daryl Yurek’s sentencing is scheduled for December 14, 2017 at 9:30 a.m., and Wendy Yurek’s sentencing is scheduled for December 15, 2017 also at 9:30 a.m.
According to the indictment and evidence presented at trial, Daryl Yurek was a partner in Bolder Venture Partners from 1999 through 2012, and Wendy Yurek was a partner from 2008 through 2012. Daryl Yurek acted as a consultant to start-up and growing companies and provided a variety of services, including temporary management and fundraising. Daryl Yurek also exerted significant control over other companies, including ID Watchdog, and Veracity Credit Consultants.
The Yureks reported tax due and owing for tax years 1999 and 2004 of $624,127 and $53,978, respectively. In 2006, the Yureks submitted an Offer in Compromise to the IRS attempting to settle their tax obligation for $75,000. With the Offer in Compromise, the Yureks indicated the reason for the offer was “Doubt as to Collectability – ‘I have insufficient assets and income to pay the full amount.’”. Later, in September 2010, the Yureks filed with the United States Bankruptcy Court in the District of Colorado a Voluntary Chapter 7 Bankruptcy Petition. During the bankruptcy proceeding, Daryl Yurek testified that their primary reason for pursuing bankruptcy was "the $1.2 million that the IRS wants."
However, during the period the Yureks claimed to be unable to pay their tax liability, the Yureks caused Bolder Venture Partners and Veracity Credit Consultants to pay substantial personal expenses for the Yureks. In March, 2006, the Yureks purchased a downtown Denver loft as their personal residence for $1.3 million in the name of one of their sons. Between 2006 and 2011, Veracity Credit Consultants made mortgage payments of $526,511.99 for the Yureks’ loft, while Bolder venture Partners paid $43,866 for the loft’s Condo Association Fees. Additionally, between 2006 and 2010, Veracity Credit Consultants made $115,719 in rental payments for a vacation home in Tabernash, Colorado used by the Yureks. Daryl Yurek’s Pinehurst Country Club membership and associated expenses paid by Veracity Credit Consultants between 2007 and 2012 totaled approximately $90,810.74.
Furthermore, the Yureks committed numerous affirmative acts of evasion, including submitting false statements to the IRS on IRS Forms 433-A, IRS Collection Information Statement for Wage Earners and Self-Employed Individuals, as well as Daryl Yurek transferring shares he held in ID Watchdog to Veracity Credit Consultants and to his sons while falsely claiming to the IRS that he had not made any transfers for less than full value.
This case was investigated by IRS Criminal Investigation. Daryl Yurek faces up to 5 years in prison per count for tax evasion, bankruptcy fraud and false oath in connection with bankruptcy, as well as up to 3 years in prison for making and subscribing to a false document. Wendy Yurek faces up to 5 years in prison per count for tax evasion and bankruptcy fraud.
This case was prosecuted by Assistant United States Attorneys from the U.S. Attorney’s Office’s Economic Crimes Section, including Pegeen D. Rhyne, with Assistant United States Attorney Tonya Andrews assisting on the asset forfeiture.
Lake County Man Arrested on Federal “Ice” ChargesRead the Press Release
Jackson, TN – A Lake County man has been indicted on federal drug charges. Lawrence J. Laurenzi, Acting U.S. Attorney for the Western District of Tennessee, announced the indictment today.
Agents with the Drug Enforcement Administration, along with the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Tennessee Bureau of Investigation, and the Lake County Sheriff’s Department arrested Will Jones in the early morning hours of July 27, 2017, in Lake County, Tennessee.
A federal grand jury in Jackson, Tennessee returned a three count indictment against Jones for distributing actual methamphetamine ("ice") on July 17, 2017, but the indictment remained under seal until yesterday’s arrest.
This arrest was the result of an approximately 10-month investigation in which law enforcement officials have seized over a kilo of actual methamphetamine, approximately $148,000 dollars in cash, a loaded handgun and three vehicles.
If convicted, Jones faces up to life imprisonment and $20,000,000 fine.
This case is being investigated by Drug Enforcement Administration, Tennessee Bureau of Investigation and Lake County Sheriff’s Department. Assistant U.S. Attorneys James Powell and Beth Boswell are prosecuting this case on the government’s behalf.
The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Jury Convicts Three Florida Men for Trafficking Hundreds of Packages of Methamphetamine from California to Florida and GeorgiaRead the Press Release
Ft. Myers, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury today found Brown Laster, Jr. (37, Tampa), also known as “AB” and “Rooster;” Jerry Browdy (44, Riverview), also known as “JB,” “Red,” and “Cuz;” and Wesley Petiphar (30, Davenport), also known as “Wildman,” guilty of conspiracy to distribute more than 500 grams of methamphetamine. Each faces a minimum mandatory penalty of 25 years, up to life, in federal prison. The sentencing hearings are scheduled for October 30, 2017.
According to testimony and evidence presented at trial, Laster, Browdy, and Petiphar were part of a conspiracy to ship kilograms of methamphetamine from Sacramento, California to various hotels in Florida and Georgia via Federal Express. The evidence showed that, throughout 2015, the men had sent approximately 40 packages of methamphetamine through the mail per week. The packages were delivered to coconspirators who had been recruited to wait at the hotels for the packages of methamphetamine to arrive. The packages were then delivered to local drug traffickers. In addition, witness testimony revealed that the men enforced the conspiracy through violence, including one incident where a cooperating witness had a gun placed in his mouth with such force that the gun knocked out some of his front teeth.
This case was investigated by the Drug Enforcement Administration, with assistance from the Lee County Sheriff’s Office, the Charlotte County Sheriff’s Office, the Okeechobee County Sheriff’s Office, the Lowndes County Sheriff’s Office (Georgia), the Placer County Sheriff’s Office (California), the Lakeland Police Department, and the Miami-Dade Police Department. It is being prosecuted by Assistant United States Attorneys Dan Baeza and Mike Leeman.
Hutchinson Man Sentenced to 262 Months in Prison for Producing and Receiving Child PornographyRead the Press Release
Acting United States Attorney Gregory G. Brooker today announced the sentencing of JEREMY DAVID MOUNT, 41, for producing and receiving child pornography. MOUNT, who pleaded guilty on February 9, 2017, was sentenced on July 27, 2017, before U.S. District Judge Susan Richard Nelson in U.S. District Court in St. Paul, Minn.
“This case exemplifies what can be achieved when law enforcement agencies- nationally and internationally- work together to stop a predator,” said Assistant United States Attorney Katharine Buzicky. “These are some of the most difficult types of cases to work, but seeing defendants, like Jeremy Mount, receive just sentences and knowing that one more child is safe from harm makes it all worthwhile.”
“Homeland Security Investigations is committed to bringing to justice those who sexually exploit children,” said Alex Khu, special agent in charge of HSI St. Paul. “Jeremy Mount will be incarcerated for nearly 22 years for his heinous acts. This case exemplifies the long reach of HSI, and its ability to coordinate and pursue investigative efforts with our international law enforcement partners.”
According to the defendant’s guilty plea and documents filed in court, in February 2016, Homeland Security Investigations received a lead from an undercover officer with the Kent Police Department in the United Kingdom regarding an individual who was sharing child pornography images online. After obtaining a search warrant, HSI identified the individual as MOUNT and executed a search warrant of his apartment in Hutchinson. Law enforcement agents identified dozens of child pornography images MOUNT traded and possessed using a computer and email account, as well as a cell phone containing several dozen images of a preschool-age child to whom he had access.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, 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 to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
In addition, if you know of any child who may have been a victim of exploitation, please contact the National Center for Missing or Exploited Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678) or visit NCMEC’s web site at www.missingkids.com.
This case is the result of an investigation led by Homeland Security Investigations, with assistance from the Hutchinson Police Department, McLeod County Attorney’s Office, and the Kent Police Department in the United Kingdom.
This case was prosecuted by Assistant U.S. Attorney Katharine T. Buzicky.
Defendant Information:
JEREMY DAVID MOUNT, 41
Hutchinson, Minn.
Convicted:
- Receipt of child pornography, 1 count
- Production and attempted production of child pornography, 1 count
Sentenced:
- 262 months in prison
- 20 years of supervised release
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United States Attorney’s Office, District of Minnesota: (612) 664-5600
Greenwood Man Sentenced to 10 Years on Child Porn ChargesRead the Press Release
Columbia, South Carolina ----United States Attorney Beth Drake stated today that David Paul Fuller, age 55, of Greenwood, was sentenced in federal court in Greenville, for possession of child pornography, a violation of Title 18, United States Code, Section 2252A. United States District Judge Timothy M. Cain, of Anderson, sentenced Fuller to 120 months in the Bureau of Prisons.
Evidence presented at the change of plea hearing established that this case originated from the take down of a child pornography website in Switzerland. Agents were able to identify the IP address of Fuller as active on the website. This information and further investigation led to the execution of a search warrant on Fuller’s home. When asked by agents if they would find child pornography on his computer, Fuller said “I hope not.” Upon further questioning he admitted to visiting websites to view what he described as “questionable material.” Agents seized his computers and subjected them to a forensic examination. The examination revealed hundreds of images of children, some of which were pre-pubescent, engaging in sexually explicit conduct. Fuller has a prior child pornography conviction and was thus subject to a 10-year mandatory minimum sentence.
The case was investigated by agents of the Federal Bureau of Investigation (FBI). Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
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Franklin, Tennessee Man Facing Federal Charges Resulting from Hit & Run of Bicyclist on Natchez Trace ParkwayRead the Press Release
Marshall Neely, III, 58, of Franklin, Tenn., was indicted yesterday by a federal grand jury and charged with reckless aggravated assault; lying to a federal agent; and obstruction of justice, announced Acting U.S. Attorney Jack Smith of the Middle District of Tennessee.
The federal indictment is a result of an incident on July 8, 2017, on the Natchez Trace Parkway, where a bicyclist was struck by a vehicle and injured. The driver of the vehicle, later identified as Marshall Neely, III, failed to stop and left the scene of the incident.
“Middle Tennessee is an area where bicycle traffic is abundant and growing daily,” said Acting U.S. Attorney Jack Smith. “Our roads are used both by recreational bicyclists as well as a growing number of citizens who use alternative methods of transportation to get to and from their workplaces. To achieve the sense of community that we all want for our area we must respect the rights of others in our community to live and move about the area. That means drivers of automobiles respecting the right of bicyclists to use our roads and bicyclists respecting the right of drivers to use our roads as well. The wanton recklessness exhibited by this defendant could easily have taken the life of the victim in this case. Such indifference to human life cannot be tolerated as it places all our bicycling citizens in grave danger. Whenever such blatant disregard for our citizen’s safety occurs on roadways under federal jurisdiction, you can expect that this U.S. Attorney’s Office will move swiftly to seek the appropriate avenue of justice.”
According to the indictment, on the morning of July 8, 2017, two individuals were riding bicycles along the Natchez Trace Parkway in Williamson County, Tennessee, when a black Volvo struck one of the individuals from behind. The impact caused the bicyclist to be thrown from his bicycle and he sustained injuries which required him to be transported by ambulance to the Williamson County Medical Center for treatment. Despite the impact, the driver of the Volvo did not slow down or stop but instead, continued on.
As the indictment alleges, the incident was captured on video by a helmet-mounted camera being used by the other bicyclist. This video was later posted to the internet and used to identify the owner of the vehicle as Marshall Neely, III.
Late in the afternoon on July 8, 2017, the indictment alleges that Neely’s son went to the Williamson County Sheriff’s Department and reported that the vehicle that struck the bicyclist belonged to his father and stated that he recognized the “Dartmouth, “Rice,” and “Boston” stickers on the back windshield, as depicted in the video. When law enforcement officers arrived at Neely’s home that evening, the indictment alleges that the Volvo was parked in the grass behind the garage and the “Dartmouth” and “Rice” stickers had been removed from the back windshield. Officers also noted that residue from a cleaning agent was visible on the right front of the vehicle where it had struck the bicyclist.
The indictment further alleges that shortly after observing the condition of the Volvo, officers found Neely in his home and unconscious on the floor. After being roused by law enforcement officers, Neely told the officers that while he was driving on the Parkway, earlier that morning, a bicyclist threw his bicycle at him. The indictment also alleges that Neely admitted to removing the stickers from his vehicle to prevent him from being identified.
Neely was arrested at his home earlier today by U.S. National Park Service Rangers and will appear before a U.S. Magistrate later today.
If convicted, Neely faces 2-12 years in prison on the reckless aggravated assault charge; up to 5 years in prison for lying to a federal agent; and up to 20 years in prison for obstructing justice.
This case was investigated by the National Park Service and the Williamson County Sheriff’s Department. The case is being prosecuted by Assistant U.S. Attorney Sara Beth Myers.
Four South Florida Residents Guilty of Conspiring to Commit Sweepstakes Mail FraudRead the Press Release
Three Florida residents were found guilty by a Miami jury on July 26, 2017, for participating in a sweepstakes mail fraud scheme.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), and Antonio J. Gomez, Inspector in Charge, U.S. Postal Inspection Service (USPIS), Miami Division, made the announcement.
Matthew Pisoni, 44, of Fort Lauderdale, Marcus Pradel, 41, of Boca Raton, and Victor Ramirez, 37, of Aventura, were found guilty of conspiring to commit mail fraud, in violation of Title 18, United States Code, Section 1349, after a five-week trial. Pisoni, Pradel and Ramirez face a maximum statutory penalty of twenty years in prison at their sentencing on October 13, 2017, at 9:30 a.m., before U.S. District Judge Gayles. John Leon, 49, of Wilton Manors, previously pleaded guilty to conspiring to commit mail fraud, in violation of Title 18, United States Code, Section 371, and is scheduled to be sentenced on October 13, 2017.
The trial evidence established that the four defendants, Pisoni, Pradel, Ramirez and Leon, falsely notified individuals by mail that they had won a substantial prize. The letters the defendants sent fraudulently represented that the recipients needed to pay the defendants a fee ranging from $20 to $50 to redeem their purported winnings. During the course of the mail fraud conspiracy, more than one hundred thousand victims in the United States and abroad were fraudulently induced to pay the fees by the defendants’ misleading claims that they had won a prize. The fraudulent letters directed victims to pay the fees in cash or by check or money order payable to fictitious companies. The defendants then either processed the victims’ payments through independent payment processors or deposited them into shell bank accounts controlled directly and indirectly by the defendants and their co-conspirators. In total, over $25 million in victim payments went into the defendants’ and co-conspirators’ bank accounts.
Mr. Greenberg commended the investigative efforts of the IRS-CI, USPIS, Federal Trade Commission, the Aventura Police Department, and other local and international law enforcement agencies. The case is being prosecuted by Assistant U.S. Attorneys Elijah Levitt, and H. Ron Davidson.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Former St. Joseph Business Owner Pleads Guilty in $1.5 Million Tax Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a former St. Joseph, Mo., business owner pleaded guilty in federal court today to her role in a nearly $1.5 million tax fraud scheme.
Dinorah Lynn Stoll-Weaver, 49, of St. Joseph, pleaded guilty before U.S. District Judge Beth Phillips to failing to pay over employee payroll taxes to the IRS.
Co-defendants Dawn Langlais (Stoll-Weaver’s sister), 59, and Langlais’s daughter, Jennifer Sturgis, 38, both of St. Joseph, have also pleaded guilty. Langlais pleaded guilty to failing to pay over employee payroll taxes to the IRS. Sturgis pleaded guilty to making false statements on a tax return. All three defendants also admitted that they failed to report their income on their personal federal income tax returns.
From 2001 through early 2010, Stoll-Weaver owned and, with the assistance of Langlais, operated Homeward Bound Health Services, Inc., a home health provider located in St. Joseph. In 2010, Homeward Bound’s name was changed to Silver Linings, Inc., and nominee owners were put in place who signed the checks but made no business decisions. Stoll-Weaver and Langlais continued to operate Silver Linings until it closed in 2013.
Langlais employed her daughter, Sturgis, and other relatives at Homeward Bound and Silver Linings.
Homeward Bound and Silver Linings withheld and collected federal income taxes, Social Security taxes, and Medicare taxes from employees and then kept those withheld taxes instead of paying them over to the IRS. The total criminal tax loss attributed to Homeward Bound and Silver Linings for failure to pay employment taxes due and owing from 2001 to 2012 is $1,459,727.
Homeward Bound and Silver Linings also withheld from employee paychecks and kept child support payments, employee IRA contributions, and medical and dental insurance payments. The theft of these payments had negative collateral consequences for their employees.
Stoll-Weaver, Langlais and Sturgis admitted they received income from Homeward Bound and Silver Linings, which they failed to report on their individual federal income tax forms, and as a result, underpaid their federal income taxes.
Stoll-Weaver willfully failed to make an income tax return or pay personal income taxes from 2009 to 2012, for a total personal tax loss of $34,264.
Langlais willfully failed to make an income tax return or pay personal income taxes from 2010 to 2012, for a total personal tax loss of $56,860.
Sturgis willfully failed to make an income tax return or pay personal income taxes from 2007 to 2012, for a total personal tax loss of $148,347, including relevant conduct.
Additionally, from 2009 to 2012, Stoll-Weaver and Sturgis each claimed personal federal income tax refunds, knowing that Homeward Bound and Silver Linings had not paid any income taxes to the IRS.
Under federal statutes, Stoll-Weaver and Langlais are each subject to a sentence of up to five years in federal prison without parole. Sturgis is subject to a sentence of up to three years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Kathleen D. Mahoney. It was investigated by IRS – Criminal Investigation.
Former Spring Hill, Tennessee Woman Indicted for Wire Fraud SchemeRead the Press Release
Lori Desiere, 45, a former Spring Hill, Tennessee resident, was indicted yesterday by a federal grand jury in Nashville, Tenn., and charged with seven counts of wire fraud for executing a $120,000 fraud scheme, announced Acting U.S. Attorney Jack Smith of the Middle District of Tennessee.
According to the indictment, between 2011-2013, Desiere stole over $120,000 from her former employer, Connect Hearing, a retail network of hearing care centers with locations across the country. The indictment alleges that Desiere used her position as the billing and account manager at the Brentwood, Tenn. billing and call center, to fraudulent process and divert customer refunds to bank accounts under her control.
Desiere faces up to 20 years in prison and a $250,000 fine on each count, and other monetary penalties.
- case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Ryan R. Raybould of the Middle District of Tennessee is prosecuting the case on behalf of the United States.
Former Spring Hill Police Officer Indicted for Federal Civil Rights ViolationRead the Press Release
Former Spring Hill Police Officer Christopher Patrick Odom, 27, of Spring Hill, Tennessee, was indicted Wednesday by a federal grand jury and charged with a criminal civil rights violation for engaging in unwanted sexual contact while on duty as a police officer, announced Jack Smith, Acting U.S. Attorney for the Middle District of Tennessee.
“Every police officer takes an oath to uphold the Constitution and when they circumvent this oath by violating the civil rights of individuals, which they are sworn to protect, the U.S. Attorney’s Office will hold them accountable”, said Acting U.S. Attorney Jack Smith.” “We will always strive to protect the honor and integrity of the many fine men and women of law enforcement who honor their oath and serve and protect our communities every day.”
According to the indictment, on June 25, 2016, while acting under color of law, Odom engaged in unwanted sexual contact with a victim by placing her hand on his penis, in violation of her constitutional right to be free from unwanted sexual contact by a person acting under color of law.
Odom was arrested yesterday afternoon by agents with the Tennessee Bureau of Investigation and will make an initial appearance before a U.S. Magistrate later today.
If convicted, Odom faces up to 12 months in prison and a $100,000 fine.
This case was investigated by the Tennessee Bureau of Investigation and in consultation with the Department of Justice Civil Rights Division. Assistant United States Attorneys Henry Leventis and Sara Beth Myers are prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty in a court of law.
Former Monroe County Deputy Sheriff Charged with Stealing Property from A Department of Defense ProgramRead the Press Release
Surplus military supplies purchased by the Sheriff’s Office were missing
BOWLING GREEN, Ky. – A former Monroe County Deputy Sheriff was charged this week by felony Information with wire fraud for devising a scheme to sell and/or give away surplus military property, obtained from a Department of Defense program, including a camper and ATV, announced United States Attorney John E. Kuhn, Jr.
Larry Dale Martin, 34, of Glasgow, Kentucky, was charged Wednesday with a single count of wire fraud. A date for his initial appearance and guilty plea has not been scheduled with the court.
Martin, while a Deputy with the Monroe County Sheriff’s Office (MCSO), coordinated the Department of Defense (DoD) 1033 Program and was responsible for making and submitting MCSO’s online DoD Program property requests.
The program authorized the DoD to transfer excess DoD property to law enforcement agencies for “bona fide law enforcement purposes that assist in their arrest and apprehension mission.” Under the terms of participation, the MCSO could dispose of or sell, for the MCSO’s benefit, most property obtained from the DoD 1033 Program, one year after it was received.
Between December 31, 2011, and 2014, Martin is charged with devising a scheme, by engaging in wire communications, to order property and arrange for pick-up of property from the Program, which Martin allegedly sold or gave away, for his own personal benefit or the benefit of others, without the knowledge of the MCSO. Property included an industrial ice maker, a 2005 Trail-Lite Dual Axle Camper, and a Kawasaki Mule ATV.
If convicted at trial, Martin could have been sentenced to no more than 20 years in prison, fined $250,000 and served a three year period of supervised release.
This case is being prosecuted by Assistant United States Attorney David Weiser and is being investigated by the Federal Bureau of Investigation (FBI) and the Kentucky Attorney General’s Public Integrity Unit.
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The indictment of a person by a Federal Information is an accusation only and that person is presumed innocent until and unless proven guilty
Former Melrose Park Police Detective Sentenced to 11 Years in Prison for Dealing Drugs Stolen from Police Evidence RoomRead the Press Release
CHICAGO — A former Melrose Park Police Detective has been sentenced to eleven years in federal prison for dealing narcotics stolen from the police evidence room.
In the spring of 2014, GREGORY SALVI obtained a kilogram of cocaine that the Melrose Park Police Department had stored in the evidence room after seizing it during an investigation. He then sold the cocaine to an individual for cash. Later in 2014 and early 2015, Salvi sold additional grams of heroin and cocaine that he had removed from the evidence room.
Salvi, 44, of Melrose Park, pleaded guilty earlier this year to one count of attempted possession of cocaine with the intent to distribute, and one count of carrying a firearm during a drug trafficking crime. U.S. District Judge Amy J. St. Eve on Wednesday sentenced Salvi to 72 months in prison on the drug charge and 60 months in prison for the firearm charge, to be served consecutively.
The sentence was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.
“There is no question that defendant’s actions were a disgrace to his police department and a significant breach of the public trust,” Assistant U.S. Attorneys Patrick M. Otlewski and Nicole Kim argued in the government’s sentencing memorandum. “Salvi not only breached the trust that his local police department gave him when he swore to uphold and protect the law, but he also breached the community’s trust in him as an officer and in his local police community.”
The gun charge stemmed from an incident in April 2015, when Salvi, carrying a loaded handgun and driving a law enforcement vehicle, went to a storage facility in Hanover Park to obtain approximately five kilograms of cocaine. Salvi intended to transport the cocaine to two individuals in exchange for cash. Unbeknownst to Salvi, the individuals were cooperating with law enforcement.