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27 July 2017
Three South Texas Men Charged with Online Solicitation of a MinorRead the Press Release
CORPUS CHRISTI, Texas - Three local men are in custody on separate, but similar cases of soliciting a minor for sexual purposes, announced Acting U.S. Attorney Abe Martinez.
The federal criminal complaints were filed yesterday against Spencer Salcedo, 41, and Jesse Hernandez, 52, both of Corpus Christi, and Darrell Freeze, 54, of Pettus. Salcedo was taken into custody today and is expected to make his initial appearance before U.S. Magistrate Judge B. Janice Ellington at 2:00 p.m. Hernandez and Freeze were taken into custody on related charges last week and made their appearances in federal court yesterday, at which time they were temporarily ordered into custody pending a detention hearing set for July 31.
All were arrested as part of Operation Hidden Predator, a joint operation conducted by the FBI, Immigration and Customs Enforcement’s Homeland Security Investigations, Corpus Christi Police Department—Internet Crimes Against Children Task Force and the Nueces County District Attorney’s Office.
“Our children are our nation’s most valuable asset,” said Special Agent in Charge Perrye K. Turner of the FBI. “The Federal Bureau of Investigation will utilize and combine all of our resources with our federal, state and local partners to effectively and efficiently safeguard our children.”
The charges allege the men were communicating with a person they believed was the mother of two minor children — ages 14 and 11. Each man allegedly expected to meet and engage in sexual contact with the minors. They were arrested as they arrived at the designated meeting place.
If convicted, each man faces a minimum of 10 years and up to life in federal prison and a possible $250,000 fine.
This case, prosecuted by Assistant U.S. Attorney Hugo R. Martinez, 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."
A criminal complaint is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law
Three Defendants Arrested for Attempting to Smuggle Marijuana into the United StatesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Curtis Nalls, 38, John Banks, 34, and Cassondra McDougald, 32, all of Niagara Falls, NY, were arrested and charged by criminal complaint with conspiracy to smuggle over 100 kilograms of marijuana into the United States from Canada. The charge carries a mandatory minimum penalty of five years in prison, a maximum of 40 years, and a $4,000,000 fine.
Assistant U.S. Attorney Joel L. Violanti, who is handling the case, stated that according to the complaint, in November 2016, Homeland Security Investigations Border Enforcement Security Task Force (BEST) Buffalo received information that defendants John Banks and Curtis Nalls were involved in drug trafficking and smuggling activity from Canada to the Niagara Falls, NY area. An investigation was initiated it was determined that between July 28, 2016, and July 25, 2017, Balls, Nalls and Cassondra McDougald, individually and together, participated in the organization and/or transport of marijuana from Canada through the Rainbow Bridge Port of Entry into the United States approximately 39 times, each time carrying approximately 10 to 30 pounds.
On July 25, 2017, law enforcement officers learned that McDougald traveled to Canada and back to the United States. They surveilled McDougald and followed her to her residence on Cudaback Avenue in Niagara Fall. That same day, United States Probation Officers approached Nalls and Banks who were traveling in a vehicle on Packard Road in Niagara Falls. Upon approach, officers observed that the passenger side door panel of the vehicle had been removed, revealing black and blue taped bundles in the natural void of the door. Nalls was on federal probation at the time which resulted in a search of the car and his residence. During the searches, officers seized 30 bundles of suspected marijuana; a quantity of loose, suspected marijuana; two suspected marijuana plants; $22,061 in cash; two pistols with magazines; ammunition; and a Hydraulicpress.
The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer. Defendant Nalls is being detained, defendants Banks and McDoualg were released on conditions.
The complaint is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigation, under the direction of Special Agent-in-Charge James C. Spero, and the United States Probation Department, under the direction of Chief Probation Officer Anthony SanGiacomo.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Texas Man Sentenced to Six Years in Prison on Multiple Charges for Stealing from Dead Man’s Retirement FundRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Texas man to six years and three months in prison for a scheme to steal more than $650,000 from a retirement account after the account owner and his designated beneficiary both died, announced Acting U.S. Attorney Robert O. Posey and FBI Acting Special Agent in Charge David W. Archey.
U.S. District Court Judge L. Scott Coogler sentenced DWAYNE ELLIS BAPTISTE, 44, on four counts of wire fraud, one count of mail fraud, and one count of aggravated identity theft. Baptiste pled guilty to the charges in February. He is in the custody of U.S. Marshals.
“Baptiste went to great lengths to exploit the deaths of two people so he could steal a man’s life-long savings,” Posey said. “In calculated steps, he formed a company, faked a power of attorney, created bank accounts and used stolen identifying information and a forged signature to carry out his scheme.”
“The actions taken by Baptiste to steal from the dead are unconscionable acts of greed,” Archey said. “I applaud the sentence handed down today and the work of my agents to bring Baptiste to the bar of justice.”
Baptiste lived in Huntsville in 2011 and was acquainted with Ralph Swinehart, who along with his father, Ronald Swinehart, also lived in Huntsville. Ronald Swinehart was a retired employee of Lockheed Martin Corporation and had a retirement savings account through the company. The retirement account was held at ING Institutional Plan Services.
In September 2011, according to Baptiste’s plea and the government’s sentencing memorandum, Ronald Swinehart signed and executed a durable power of attorney naming his son, Ralph Swinehart, as his agent. Ronald Swinehart died on Oct. 11, 2011; his son died on Oct. 23, 2011.
The court documents show Baptiste carried out a scheme to divert the $678,309 in Ronald Swinehart’s retirement account to an account he controlled. He conducted that scheme as follows:
Baptiste filed a fraudulent power of attorney with the Madison County Probate Court in October 2011 appointing himself as Ronald Swinehart’s agent. He also created a company, Swinehart Investment Solutions, in which he fraudulently claimed Ronald and Ralph Swinehart — both deceased — were members.
In December 2011, Baptiste opened two commercial accounts in the name of Swinehart Investment Solutions at BBVA Compass Bank. Baptiste also changed the beneficiary designation on Ronald Swinehart’s retirement account from Ralph Swinehart to himself, and the bank account information to one of the BBVA accounts he controlled. Baptiste then contacted ING, pretending to be Ronald Swinehart, and received instructions on how to withdraw money from Ronald Swinehart’s retirement account. Baptiste used Ronald Swinehart’s name, Social Security number, and address in that process, committing mail fraud and aggravated identity theft.
Baptiste then committed wire fraud by directing four transfers, totaling $678,309, from the retirement account to his BBVA account. After withholding for federal taxes, Baptiste received $545,670 for himself. He took repeated steps to conceal his fraud, using withdrawals and cashier’s checks to move the money through different accounts he controlled.
The FBI investigated the case, which Assistant U.S. Attorneys John B. Ward and Manu Balachandran prosecuted.
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Taunton Man Pleads Guilty to Dealing HeroinRead the Press Release
BOSTON – A Taunton man pleaded guilty today in federal court in Boston to dealing heroin and fentanyl.
Xavier Ramos, 28, pleaded guilty to one count of conspiracy to possess with intent to distribute and to distribute heroin and fentanyl. U.S. District Court Judge George A. O’Toole scheduled sentencing for Nov. 2, 2017.
In October 2015, Ramos was arrested and charged along with 24 others in connection with a heroin trafficking ring led by Dedwin Cruz-Rivera in southeastern Massachusetts; an April 2016 superseding indictment brought the number of defendants charged in the case to 26. These charges are the result of a 15-month investigation into heroin and fentanyl trafficking in Taunton and surrounding communities.
Ramos assisted co-defendant Dedwin Cruz-Rivera by acting as a Spanish to English translator and brokered deals between Cruz-Rivera and another individual. Ramos also purchased small amounts of heroin, some of which he distributed to others to support his own heroin habit.
The charging statute provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. Assistant U.S. Attorney Thomas E. Kanwit of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.
Tampa Woman Charged with Stolen Identity Refund FraudRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that Natalie Panko (57, Tampa) was arrested today on a four-count indictment charging her with conspiracy to commit theft of government property, identity theft, and theft of government property. She faces a maximum penalty of five years in federal prison on the conspiracy count and 10 years’ imprisonment on each of the three theft of government property counts. Panko made her initial appearance in federal court today and was released on bond.
According to the indictment, Panko and others knowingly processed debit and credit cards in other people’s names containing federal income tax refunds generated by fraudulent tax returns through Square Inc. accounts. Square Inc. is a merchant processor that provides terminals to businesses to process credit/debit card payments. Panko and others set up Square Inc. merchant accounts related to a restaurant located in the Middle District of Florida. The Square Inc. accounts associated with the restaurant were used to process credit and debit card transactions for both legitimate restaurant-related sales, as well as for tax fraud transactions using prepaid debit cards like Green Dot. After the payments were processed, Square Inc. electronically transferred the funds to bank accounts controlled by Panko and to the accounts of others, where the proceeds were shared with others and used for personal items.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Internal Revenue Service - Criminal Investigation. It will be prosecuted by Assistant United States Attorney Kelley C. Howard-Allen.
Texas Man Sentenced to over 19 Years in Federal Prison for Drug TraffickingRead the Press Release
Fort Smith, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Mauro Gonzales, age 38, of Arlington, Texas was sentenced yesterday to 235 months in federal prison followed by three years of supervised release on one count of Conspiracy to Distribute Methamphetamine. The Honorable Chief Judge P. K. Holmes, III in the United States District Court in Fort Smith.
According to court records, in August of 2012, agents with Homeland Security Investigations (HSI) and the Drug Enforcement Administration (DEA) in Fort Smith, Arkansas, learned that large quantities of methamphetamine were being distributed out of the Fort Smith area. During the investigation, Agents were able to identify Mauro Gonzales and co-conspirator Gerardo Gamboa along with other members of the drug trafficking organization. On May 20, 2013, Gamboa was traffic stopped in Sequoya County, Oklahoma for speeding. A search of the vehicle revealed approximately 4.7 pounds (2,138grams) of methamphetamine concealed in the back seat of the vehicle Gamboa was driving.
Gonzales was indicted in the Western District of Arkansas in 2013 and pled guilty on February 16, 2017.
This case was investigated by Homeland Security Investigations, the Drug Enforcement Administration, Fort Smith Police Department and the Oklahoma Highway Police. Assistant United States Attorney Candace Taylor prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Suffolk County Police Officer Charged with Civil Rights Violation for Forcing Female Arrestee to Engage in Sexual ActRead the Press Release
A complaint was unsealed today in federal court in Central Islip, New York, charging Suffolk County Police Department Officer Christopher McCoy with depriving an arrestee of the right to bodily integrity by forcing her to perform a sexual act in the precinct. McCoy was arrested this morning, and his initial appearance is scheduled for this afternoon before United States Magistrate Judge Anne Y. Shields.
This charge was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI).
“Law enforcement officials are duty-bound to uphold the Constitution and protect all of our citizens, and certainly not to abuse them,” stated Acting United States Attorney Rohde. “No dereliction of this duty will be tolerated.” Ms. Rohde thanked the Suffolk County Police Department for its assistance during the investigation.
“While in custody, this woman didn’t deserve to be allegedly abused and degraded by a sworn public servant,” stated Assistant Director-in-Charge Sweeney. “Police officers are held to a high standard, as they should be, and they certainly don’t have the authority to disrespect any human being. This type of conduct threatens the reputation of the vast majority of law enforcement officials who serve each day with honor and integrity.”
According to the complaint, on March 16, 2017, while on duty, McCoy arrested Jane Doe[1], as she was the subject of several outstanding warrants in connection with unresolved vehicle and traffic offenses. Jane Doe was transported to the First Precinct in Wyandanch. During arrest processing, while McCoy and Jane Doe were alone in the precinct’s juvenile room, McCoy forced Jane Doe to perform oral sex. Upon her release, Jane Doe promptly reported the incident.
The charge in the complaint is are merely an allegation, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Lara Treinis Gatz is in charge of the prosecution
The Defendant:
CHRISTOPHER MCCOY
Age: 38
Sayville, New York
E.D.N.Y. Docket No. 17-MJ- (AYS)
[1] Jane Doe is a pseudonym, as the Department of Justice does not name alleged victims of sexual abuse in publicly filed documents.
Stroudsburg Man Sentenced to Six Months’ Imprisonment for Failing to Pay Employment TaxesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Joseph Andershonis, age 58, of Stroudsburg, Pennsylvania, was sentenced on July 26, 2017, by United States District Court Judge Richard Conaboy to serve 6 months’ imprisonment and 6 months’ home-confinement for failing to pay his company’s employment taxes. Judge Conaboy also ordered Andershonis to pay $212,508 in restitution.
According to United States Attorney Bruce D. Brandler, from the first quarter of 2010 to the last quarter of 2012, Andershonis failed to pay the employment taxes for his company, Just Very Affordable, Inc., a company that specializes in installing commercial kitchens His actions resulted in a tax loss of more than $212,000.
Andershonis was charged by an information in February 2017, and pled guilty pursuant to a plea agreement in March 2017.
The case was investigated by the Internal Revenue Service, Criminal Investigations. Assistant United States Attorney Evan Gotlob prosecuted the case.
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Stroudsburg Man Sentenced to 14 Years in Prison for Heroin TraffickingRead the Press Release
WILKES-BARRE—The United States Attorney’s Office for the Middle District of Pennsylvania announced that James King, age 49, of Stroudsburg, Pennsylvania, was sentenced today to 14 years in prison by Senior U.S. District Court Judge A. Richard Caputo, for trafficking heroin during September 2016.
According to United States Attorney Bruce D. Brandler, King previously pleaded guilty to possession with intent to distribute heroin. King admitted to distributing between 60 and 80 grams of heroin (which equals approximately 2,000-3,000 retail bags of heroin).
Judge Caputo also ordered King to serve three years on supervised release following his prison sentence.
King was indicted by a federal grand jury in October 2016, as a result of an investigation by the Drug Enforcement Administration and Stroud Area Regional Police. Assistant U.S. Attorney Francis P. Sempa prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
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Steuben County Man Pleads Guilty to Making A False StatementRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Brian Woodhams, 40, of Wayland, NY, pleaded guilty to making false statements to a federal agent, before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Mary C. Baumgarten, who is handling the case, stated that since October, 2015, the defendant has held a student pilot license issued by the Federal Aviation Administration (FAA) and is permitted to fly an airplane with a flight instructor or by himself. If Woodhams flies with a passenger, a flight instructor must also be on board the airplane.
On October 31, 2015, the defendant was involved an accident while landing his Piper Cherokee 140 airplane at the Perry-Warsaw Airport in Perry, NY. The airplane veered to the right, and Woodhams over-corrected and hit the brakes, causing the nose of the plane to go into the ditch off the runway. At the time of the accident, there was a 15-year old boy on board as a passenger, but no flight instructor.
On November 2, 2015, FAA Aviation Safety Inspectors viewed the defendant’s airplane at the Perry-Warsaw Airport. During a telephone conversation, Woodhams told inspectors that he had sustained a bloody nose and hurt his shin during the crash. The defendant also stated that he was the only occupant in the airplane at the time of the accident but that his son approached the aircraft immediately after the crash and slipped and fell as he climbed up the flap, hitting his nose and causing a bloody nose.
Woodhams met with inspectors in person on November 4, 2015, and stated once again that he was the only occupant of the aircraft at the time of the accident and that his son arrived at the crash scene later. The defendant was told that a witness reported seeing his son in the aircraft but Woodhams again denied this fact.
On November 10, 2015, the defendant submitted a Pilot/Operator Aircraft Accident/Incident Report to the National Transportation Safety Board (NTSB) and failed to report that there was a passenger on the plane at the time of the accident who was injured.
On January 10, 2017, Woodhams was interviewed by a Special Agent of the U.S. Department of Transportation, Office of Inspector General, and FAA inspectors and stated once again that he was the only person on the plane at that time. When questioned concerning evidence developed during the FAA investigation that there was a passenger in the plane at the time of the crash, defenant denied that there was a passenger in the plane and he gave an alternative explanation that was untrue.
The plea is the result of an investigation by the Department of Transportation, Office of the Inspector General, and the Federal Aviation Administration.
Sentencing is scheduled for November 3, 2017 at 10:00 a.m. before Judge Vilardo.
Statement of Acting U.S. Attorney Joon H. Kim on the Guilty Verdict in U.S. V. Ng Lap SengRead the Press Release
Acting U.S. Attorney Joon H. Kim stated: “In his unbridled pursuit of even greater personal fortune, billionaire Ng Lap Seng corrupted the highest levels of the United Nations. Through bribes and no show jobs, Ng turned leaders of the league of nations into his private band of profiteers. Ng's journey from a Macau real estate mogul to convicted felon should serve as a cautionary tale to all tempted to follow his path. If you bring corruption to New York – whether to the State Capitol in Albany or to the halls of the U.N. General Assembly – your journey may very well end in a Manhattan federal courtroom, with a unanimous jury announcing your guilt.”
Social Security Administration Employee Sentenced for Theft of FundsRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that MICHAELLE MARTINEZ, age 39, of Marrero, was sentenced today after previously pleading guilty to theft of government funds.
U.S. District Judge Lance M. Africk sentenced MARTINEZ to five years probation and restitution in the amount of $15,104.56.
According to the court documents, MARTINEZ was employed for approximately eight years as a Claims Representative/Social Insurance Specialist in the Social Security Administration (“SSA”) District Office located in Terrytown, Louisiana. MARTINEZ was responsible for the adjudication and authorization of SSA benefits on behalf of the SSA. To accomplish her scheme, MARTINEZ identified beneficiaries who were entitled to receive retroactive or back payments from the SSA. MARTINEZ would change the recipient’s deposit information and would divert the SSA money to bank accounts under her control. MARTINEZ then changed the deposit information back before the beneficiaries would notice a problem. In total, MARTINEZ stole $15,104.56 from several SSA beneficiaries.
Acting U.S. Attorney Evans praised the work of the Social Security Administration, Office of Inspector General, in investigating this matter. Fraud Unit Chief, Assistant U. S. Attorney Brian M. Klebba is in charge of the prosecution.
Short Hills, New Jersey, Investment Manager Sentenced to 33 Months in Prison for $675,000 Ponzi SchemeRead the Press Release
NEWARK, N.J. – An investment manager with an office in Short Hills, New Jersey, was sentenced today to 33 months in prison for that he fraudulently inducing investments, concealing investment losses, and diverting more than $675,000 in investor money for his own use, Acting U.S. Attorney William E. Fitzpatrick announced.
Mark Moskowitz, 48, of Short Hills, previously pleaded guilty before U.S. District Judge Katharine S. Hayden to an information charging him with one count of wire fraud. Judge Hayden imposed the sentence today in Newark federal court.
In a separate legal proceeding, the N.J. Bureau of Securities ordered Moskowitz and his trading company, Edge Trading LLC, to pay a $1 million civil penalty for selling unregistered fraudulent securities and misusing investors’ funds for personal expenses.
According to documents filed in this case and statements made in court:
Moskowitz controlled an investment fund under the names Edge Trading Partners L.P. and Edge Trading LLC (Edge Trading). In addition to touting his investment skill and experience, Moskowitz concealed losses from investors and falsely told them that Edge Trading was growing year after year. Based on these misrepresentations, investors continued to entrust additional funds to Moskowitz and left previous investments under his control.
Edge Trading was an investment fund that Moskowitz created and operated, starting in or around 2012. Moskowitz told investors that Edge Trading was invested in U.S. and foreign equities, futures contracts, and option contracts and that the fund’s investments continued to show positive returns. In reality, Moskowitz redirected investor money to his personal use, which he concealed from the investors.
In addition to the prison term, Judge Hayden sentenced Moskowitz to three years of supervised release and ordered restitution and forfeiture of $694,577.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher, with the investigation leading to today’s sentencing. He also thanked the N.J. Bureau of Securities in the State Attorney General’s Office, under the direction of Attorney General Christopher S. Porrino and Acting Bureau Chief Amy Kopleton, for its assistance in the investigation.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: David Holman Esq., Assistant Federal Public Defenders, Newark
Sarasota Armed Career Criminal Sentenced to 15 Years in Federal PrisonRead the Press Release
Tampa, Florida – U.S. District Judge Virginia M. Hernandez Covington has sentenced Johnny Dawson (38, Sarasota) to 15 years in federal prison for possessing a firearm and ammunition as a convicted felon. The Court also ordered him to forfeit the firearm and ammunition seized during his arrest.
Dawson pleaded guilty on April 26, 2017.
According to court documents, on August 7, 2016, law enforcement officers responded to a call reporting an individual who had a firearm wrapped inside of a t-shirt. The responding officer observed Dawson walking away, holding a t-shirt. As the officer approached, Dawson moved the shirt behind his back, and the officer could see the outline of a firearm within the shirt. Dawson then put the shirt down and fled. The officer apprehended Dawson, seized the shirt, and recovered a loaded gun wrapped inside with the hammer cocked back. Dawson later admitted to possessing the loaded firearm. At the time of the offense, Dawson had multiple prior felony convictions and therefore is prohibited from carrying a firearm or ammunition under federal law.
This case was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Sarasota Police Department. It was prosecuted by Assistant United States Attorney Kaitlin R. O’Donnell.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. Acting United States Attorney W. Stephen Muldrow, along with Daryl McCrary, Special Agent in Charge, ATF, are coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Roswell Man Sentenced to 12 Years for Federal Drug Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Joseph Ray Mendiola, 36, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 144 months in prison followed by five years of supervised release for his conviction on cocaine and methamphetamine trafficking charges. Mendiola was also ordered to forfeit 14 firearms and ammunition.
Mendiola, whose prior criminal history includes two prior methamphetamine trafficking convictions and a conviction for being a felon in possession of a firearm, was prosecuted as part 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 work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Mendiola is one of 41 individuals charged in Sept. 2015, with drug trafficking offenses as a result of an eight-month multi-agency investigation by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office and New Mexico State Police. Twenty-one of the defendants were charged with federal offenses and the remaining 20 with state crimes.
The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, initially targeted a drug trafficking organization (DTO) led by Mendiola, that allegedly distributed methamphetamine in Chaves County. It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County. The OCDETF program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Mendiola and 15 other federal defendants were charged in a 24-count indictment filed on Sept. 22, 2015. Count 1 of the Indictment charged 15 of the 16 defendants with conspiracy to distribute methamphetamine between June 2015 and July 2015. Count 2 charged three defendants with conspiracy to distribute cocaine in July 2015. Counts 3, 4, 5, 6 and 7 charged certain defendants with possession of methamphetamine with intent to distribute in July 2015. Counts 8 through 24 charged certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. All crimes charged in the federal indictment occurred in Chaves County.
During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles. During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles.
On Oct. 18, 2016, Mendiola pled guilty to conspiracy to possess methamphetamine and cocaine with intent to distribute and possession of methamphetamine with intent to distribute. In entering the guilty plea, Mendiola admitted conspiring with his co-defendants to distribute methamphetamine and cocaine in Chaves County from June 2015 through July 31, 2015. Mendiola also admitted that on July 25, 2015, and July 31, 2015, he and a co-defendant arranged to purchase two pounds of methamphetamine with the intention of distributing it to others.
To date, 13 of Mendiola’s co-defendants have entered guilty pleas and two have been sentenced. Three co-defendants have yet to be arrested and are considered fugitives. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service. Assistant U.S. Attorneys Randy M. Castellano and John Balla are prosecuting the federal cases.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Roanoke Man Sentenced on Heroin ChargeRead the Press Release
Roanoke, VIRGINIA – A Roanoke man who conspired with others to distribute heroin and other drugs was sentenced today in the United States District Court for the Western District of Virginia in Roanoke, Acting United States Attorney Rick A. Mountcastle announced.
Westley Richardson, a.k.a. “Murda” a.k.a. “Murder,” 36, of Roanoke, was sentenced today to 120 months in prison, to be followed by a 5-year term of supervised release. Richardson previously pleaded guilty to one count of conspiring to possess with the intent to distribute and to distribute heroin and methamphetamine.
According to evidence presented by Special Assistant United States Attorney Kari Munro, after Richardson was recorded on video selling heroin and other substances to various individuals, police arrested him during a traffic stop on May 12, 2016 in Roanoke in possession of one or more of these substances. Richardson later acknowledged that he had acquired large amounts of heroin and methamphetamine for distribution in and around the Roanoke Valley over a period of more than a year, in some instances accepting firearms as payment for the drugs.
The investigation of the case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Agency; the Virginia State Police; the Roanoke County Police Department; the Roanoke City Police Department; the Radford City Police Department; and the regional HIDTA task force. Special Assistant United States Attorney Kari Munro prosecuted the case for the United States.
Registered Sex Offenders Ordered into Custody on Allegations of Domestic Sex TraffickingRead the Press Release
HOUSTON - Two men have been charged in a four-count indictment with sex trafficking of minors and conspiracy to do so, announced Acting U.S. Attorney Abe Martinez.
A federal grand jury returned the indictment under seal against Jamine Lake, aka Pimpin or PI, 27, and Ronnie Presley, aka Fresh or Bubba or Tony, 35, both of Houston, on July 13, 2017. It was unsealed as Lake and Presley were arrested July 19 and 26, respectively. Today, U.S. Magistrate Judge Dena Hanovice Palermo found both to be a danger to the community and ordered they remain in custody pending further criminal proceedings.
The indictment charges both men with conspiracy to traffic women and children for the purposes of commercialized sex and sex trafficking of children and sex trafficking by force, fraud and coercion. Lake is also charged with violating his supervised release from a 2013 conviction for similar federal offenses.
According to information presented in court, Presley and Lake were allegedly working together to traffic three minor females ranging in age from 13 to 17 in an area near Bissonett in Houston. During part of the conspiracy, Presley was allegedly giving orders from jail. The court also heard today that one of the minors allegedly went to the jail to put money in Presley’s account using cash earned from commercial sex acts. According to the allegations, Lake and Presley communicated with each other and one of the minors via cell phone.
If convicted, the men face up to life in prison and a possible $250,000 fine.
The Houston FBI Child Exploitation Task Force conducted the investigation. Assistant U.S. Attorney Sherri Zack is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence.
A defendant is presumed innocent unless convicted through due process of law.
Ravenna man charged with armed bank robbery and brandishing a firearmRead the Press Release
A federal grand jury returned a two-count indictment charging Cameron Cleveland, 39, of Ravenna, with armed bank robbery and brandishing a firearm during the robbery, said Acting U.S. Attorney David A. Sierleja and FBI Special Agent in Charge Stephen D. Anthony.
Cameron Cleveland used force, intimidation and a firearm to rob the Huntington Bank in Ravenna on July 10, 2017. On that same day, Cleveland knowingly used and brandished a firearm in furtherance of a crime of violence, according to the indictment.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Ravenna Police Department. The case is being prosecuted by Assistant U.S. Attorney David M. Toepfer.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Puerto Rican Methamphetamine Trafficker Sentenced to More Than Nine Years in PrisonRead the Press Release
CHARLOTTE, N.C. B Today, U.S. District Judge Robert J. Conrad, Jr. sentenced Mario Canino-Morales to 109 months in prison followed by four years of supervised release on drug trafficking and firearms offenses, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Canino-Morales, 44, of Puerto Rico, pleaded guilty in December 2016 to one count of conspiracy to distribute and to possess with an intent to distribute methamphetamine and one count of possession of a firearm by a convicted felon.
U.S. Attorney Rose is joined in making today’s announcement by C.J. Hyman, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division and Chief Kerr Putney of the Charlotte-Mecklenburg Police Department.
According to filed court documents and today’s sentencing hearing, from in or about June 2016 until July 27, 2016, Canino-Morales and his co-defendant, Fernando Morales-Matos, were involved in a drug conspiracy responsible for trafficking large amounts of crystal methamphetamine in Mecklenburg County. According to court records, the co-conspirators admitted to being part of the Mexican cartel, with intentions to expand methamphetamine distribution in Charlotte. Court records show that the co-conspirators were responsible for trafficking more than 2.5 kilograms of 96% pure methamphetamine. In addition to the methamphetamine, when Canino-Morales was arrested, law enforcement recovered a loaded 9mm handgun. Canino-Morales has a previous felony conviction and is prohibited from possessing a firearm.
Canino-Morales is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole. Morales-Matos previously pleaded guilty to drug trafficking charges and is currently awaiting sentencing.
In making today’s announcement U.S. Attorney Rose thanked ATF and CMPD for leading the investigation.
Assistant U.S. Attorney Sanjeev Bhasker, of the U.S. Attorney’s Office in Charlotte, is in charge of the prosecution.
Post Falls Woman Pleads Guilty to Theft from a Tribal OrganizationRead the Press Release
COEUR D’ALENE – Julianna Park, 53, of Post Falls, Idaho, pleaded guilty yesterday to theft from a tribal organization, announced Acting U.S. Attorney Rafael Gonzalez. Parker was indicted by a federal grand jury in Coeur d’Alene on July 20, 2016.
According to the plea agreement and statements made in court, Parker was an employee of the Coeur d’Alene Tribe in its Natural Resources Department in the Land Services Program since 2009. In September 2015, an investigation revealed Parker stole 15 checks totaling $12,870.09 that were meant for the tribe. Parker altered and negotiated checks either by depositing the checks into her own account or cashing the leased land payment checks originally payable to the tribe.
Sentencing is set for November 28, 2017, before Senior U.S. District Judge Edward J. Lodge. The charge of theft from a tribal organization is punishable by up to five years in prison, a maximum fine of $250,000, a term of supervised release of not more than three years and a $100 special assessment.
The case was investigated by the Coeur d’Alene Tribal Police and the Federal Bureau of Investigation.
Pennsylvania Man Sentenced to Federal Prison in Multi-Million-Dollar Pyramid SchemeRead the Press Release
In El Paso today, a federal judge sentenced 61-year-old David Brian Binder of Pittsburg, PA, to 30 months in federal prison followed by three years of supervised release for his role in a Ponzi scheme that resulted in an estimated $14 million loss announced United States Attorney Richard L. Durbin, Jr.
In addition to the prison term, United States District Judge David C. Guaderrama ordered that Binder pay a $5,000 fine and $503,027.90 restitution.
On March 3, 2017, Binder pleaded guilty to one count of wire fraud. By pleading guilty, Binder admitted to helping his co-defendant, 40-year-old self-proclaimed licensed investment broker and Mexican businessman Roberto Trinidad Del Carpio Frescas, keep proceeds from the scheme out of the hands of potential creditors as well as lying to them about protecting their investments.
On March 15, 2017, Judge Guaderrama sentenced Del Carpio of Chihuahua, Mexico, to 235 months in federal prison followed by three years of supervised release. On Tuesday, Judge Guaderrama ordered Del Carpio to pay $5,402,661 in restitution to his victims. On February 19, 2016, a federal jury convicted Del Carpio of Chihuahua, MX, of 24 counts of wire fraud and ten counts of money laundering.
Evidence presented during trial revealed that Del Carpio held himself out to have superior knowledge and ability as an investor in stocks, bonds, futures in oil, gas, precious metals and currency. Though he was not licensed in the state of Texas as a dealer, or registered as an investment adviser, Del Carpio formed several companies in Texas including SMI International Institute Corporation (aka Stock Market Investment), Del Carpio Trading Institute LLC, and one in the Cayman Islands, Del Carpio Holdings, to facilitate his scheme.
From August 2010 until January 2012, Del Carpio and others collected money from over 100 known investors in Mexico and the United States. Del Carpio pocketed most all of the funds he collected though he did pay minimal amounts of money to “early” investors as a return on their investment and to encourage his victims to invest more of their money with him.
The U.S. Secret Service and the El Paso Police Department conducted this investigation. Assistant United States Attorneys Ian Hanna and Stanley Serwatka prosecuted this case on behalf of the Government.
Omaha Man Sentenced to 16 Months in Prison for Reentry Center EscapeRead the Press Release
COUNCIL BLUFFS, IA - On July 27, 2017, Keith Wayne Page, 28, of Omaha, Nebraska, was sentenced by Chief United States District Court Judge John A. Jarvey to 16 months in prison for escape, announced United States Attorney Kevin E. VanderSchel. Page will be required to serve three years of supervised release following his imprisonment.
On January 19, 2017, Page pleaded guilty to the charge. Page admitted he failed to return to CH, Inc., a residential reentry center in Council Bluffs in early September of 2016, after being granted a job-seeking pass. In December of 2016, Page was apprehended in Omaha on a federal arrest warrant.
The United States Marshals Service and the Metro Fugitive Task Force conducted the investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at [email protected].
Newport Woman Sentenced to 162 Months in Prison for Child Pornography OffensesRead the Press Release
KNOXVILLE, Tenn.- On July 27, 2017, Sierra Danielle Messer, 23, of Newport, Tennessee, was sentenced by the Honorable Thomas A. Varlan, Chief U.S. District Judge, to serve 162 months in prison as a result of her conviction for distribution and possession of child pornography. Following her release from prison, Messer will be supervised by the U.S. Probation Office for a term of 25 years and required to register with the sex offender registry in any state in which she resides, works, or attends school.
Messer pleaded guilty in December 2015 to federal charges stemming from an undercover investigation into trading child pornography on the Internet. A forensic examination of her cellular telephone revealed that she had collected 172 digital photos images and 12 videos of child pornography.
This investigation was conducted by U.S. Homeland Security Investigations and Knoxville Police Department’s Internet Crimes Against Children Task Force. Assistant U.S. Attorney Matthew Morris represented the United States.
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 the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who 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.
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New Zealand Man Sentenced for Conspiracy to Export Sensitive Parts to ChinaRead the Press Release
A resident of New Zealand, who traveled to Seattle in April 2016 to take possession of export-restricted parts designed for missile and space applications, was sentenced today in U.S. District Court in Seattle to two years in prison for conspiring to violate the Arms Export Control Act, announced U.S. Attorney Annette L. Hayes. WILLIAM ALI, 38, has been in federal custody since his arrest on April 11, 2016. At sentencing U.S. District Judge Thomas S. Zilly said, “You knew that if you did it you could go to jail and you proceeded to do it. . . you laughed and you were undeterred in your decision to come here.”
“Protecting national security is job one for United States Attorneys,” said U.S. Attorney Annette L. Hayes. “This defendant tried to evade our export control laws to transfer highly sensitive products to China. We will continue to work closely with U.S. Immigration and Customs Enforcement and our other law enforcement partners to ensure our national assets do not end up in the wrong hands.”
According to records in the case and testimony presented at trial, ALI emailed several companies and distributors in April 2015 about purchasing certain accelerometers that are designed for use in spacecraft and missile navigation. These accelerometers cannot be exported from the United States without a license from the U.S. State Department, which Ali did not have. Homeland Security Investigations learned of Ali’s inquiries and began an investigation.
Over the next year, ALI communicated by phone and email with a Homeland Security Investigations undercover agent, and with a person in China known in his emails as “Michael.” Michael was the person seeking the accelerometers, as well as certain gyroscopes that are designed for military use. ALI was working to find a way to purchase the devices and transport them secretly to Michael in China. In multiple emails, ALI made clear that he was aware that export of the accelerometers and gyroscopes was illegal. ALI sent the undercover agent nearly $25,000 for the devices – money he got from Michael. ALI traveled to Seattle and met with the undercover agent on April 11, 2016, at a downtown hotel. Shortly after ALI took possession of the devices he was arrested. ALI had with him an airline ticket to Hong Kong and a visa to travel to China.
“U.S. export controls are in place to keep sensitive technology from falling into the hands of our nation's enemies,” said Brad Bench, special agent in charge of Homeland Security Investigations in Seattle. “One of HSI’s highest priorities is to prevent illicit procurement networks, terrorist groups, and hostile nations from illegally obtaining military items and controlled dual-use technology.”
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, and was prosecuted by Assistant United States Attorneys Thomas Woods and Rebecca Cohen.
New Orleans Man Sentenced for Possession of Child PornographyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that GRADY W. CLARK, III, age 38, of New Orleans, was sentenced today after previously pleading guilty to possession of child pornography.
U.S. District Judge Lance M. Africk sentenced CLARK to ten years incarceration, $2,000 restitution, and 25 years supervised release.
According to court documents, special agents with the U.S. Department of Homeland Security, Homeland Security Investigations (“HSI”) executed a federal search warrant at CLARK’s New Orleans residence on January 20, 2017. During the search, HSI agents seized numerous electronic items, including a computer thumb drive that contained over 1,800 images depicting the sexual victimization of prepubescent children. CLARK was arrested by HSI agents during the execution of the search warrant and appeared in federal court where he was detained by a United States Magistrate Judge.
Court records reveal that CLARK was previously convicted on October 30, 2012, in Orleans Parish Criminal District Court for pornography involving juveniles.
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."
Acting U.S. Attorney Evans praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations, the Louisiana State Police, New Orleans Police Department, and the Louisiana Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.
New Haven Man Sentenced to 70 Months in Prison for Distributing HeroinRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JUSTIN PARKER, also known as “Tre,” 31, of New Haven, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 70 months of imprisonment, followed by four years of supervised release, for distributing heroin.
According to court documents and statements made in court, PARKER was identified as a large-scale distributor of heroin in the greater New Haven area. On multiple occasions between January and March 2016, PARKER sold heroin to an ATF agent working in an undercover capacity. When investigators first attempted to arrest him on March 30, 2016, PARKER fled the scene and was observed discarding what appeared to be packets of heroin out of the window of his vehicle. He was apprehended the next day at a hotel in Milford.
After his arrest, PARKER admitted that he had thrown five “bricks” (250 bags) of heroin from his car window when he fled from law enforcement.
PARKER has been detained since his arrest on March 31, 2016. On May 4, 2017, he pleaded guilty to one count of conspiracy to possess with intent to distribute, and to distribute, 100 grams or more of heroin.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the New Haven Police Department. The case was prosecuted by Assistant U.S. Attorneys Jocelyn Courtney Kaoutzanis and Peter D. Markle.
Naturalized Citizen found guilty of Immigration FraudRead the Press Release
ATLANTA –Olu Kanni Sanyaolu, a/k/a Kunle Sanya Olukanni, has been convicted by a jury for naturalization fraud. The jury found that Sanyaolu, a naturalized citizen, fraudulently concealed when he applied for U.S. citizenship that an immigration judge had previously ordered him deported from the United States, which is a fact that made him ineligible to apply for citizenship. Because of this conviction, Sanyaolu will automatically lose his citizenship status.
“When someone engages in fraud and presents false information to become a naturalized citizen, it compromises the integrity and security of the naturalization process,” said U.S. Attorney John A. Horn. “The jury found the defendant completely subverted the process that allows immigrants to become citizens.”
“Identity fraud by those seeking to enter the United States poses a serious potential threat to national security and is one of the most important investigative focuses of Homeland Security Investigations,” said Nick S. Annan, special agent in charge of ICE Homeland Security Investigations Atlanta. “HSI is firmly committed to stopping criminals who seek to exploit our nation’s welcoming policy toward legal immigrants by engaging in fraud or deceit, and this case highlights the serious consequences awaiting anyone considering an attempt to cheat the system.”
According to U.S. Attorney Horn, the charges and other information presented in court: In April 2009, Olu Kanni Sanyaolu filed an application for naturalization with U.S. immigration officials. To finalize the application, an immigration officer interviewed Sanyaolu on July 20, 2009. In the interview, Sanyaolu stated under oath that he had never used another identity, and that he had never previously been ordered deported.
Several years later, immigration officials discovered through a fingerprint match that Sanyaolu was actually Kunle Sanya Olukanni. The evidence presented at trial revealed that before the defendant applied to become a naturalized citizen, he had unsuccessfully applied for asylum and permanent resident status using the name Kunle Olukanni, and had been ordered deported from the U.S. in 1998.The defendant then fraudulently assumed a new identity, using the name Olu Kanni Sanyaolu, and successfully applied for political asylum, claiming to be a member of the Nigerian Air Force who was persecuted and tortured after a coup. Four years later, in 2009, the defendant applied to become a naturalized U.S. citizen. He then fraudulently concealed he had previously used a different name and had been ordered deported, a fact that made him ineligible to apply for citizenship.
Olu Kanni Sanyaolu, a/k/a Kunle Sanya Olukanni, 54, of Lawrenceville, Georgia, was convicted on Thursday July 20, 2017. Sentencing is scheduled for October 5, 2017, at 9:30 a.m. before U.S. District Judge William S. Duffey, Jr.
This case is being investigated by the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant U.S. Attorney Kelly K. Connors is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Mount Morris Man Pleads Guilty to Methamphetamine ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051Buffalo, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Zackery D. Billings, 27, of Mount Morris, NY, pleaded guilty before U.S. District Court Judge Lawrence J. Vilardo to conspiracy to manufacture, possess with intent to distribute, and distribute, a mixture and substance containing methamphetamine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Brendan T. Cullinane, who is handling the case, stated that between January of 2011 and October 25, 2011, the defendant conspired to manufacture and distribute methamphetamine. In order to avoid restrictions on the purchase of pseudoephedrine, an important chemical in the methamphetamine manufacturing process, Billings engaged in the practice of “smurfing” (buying small quantities) at local pharmacies.
The plea is the culmination of an investigation on the part of the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Lieutenant Kevin Reyes and Major David Krause; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Region; the Southern Tier Regional Drug Task Force, under the direction of Cattaraugus County Sheriff Timothy Whitcomb; the Wellsville Police Department, under the direction of Chief Timothy O’Grady; U.S. Border Patrol, under the direction of Patrol Agent-in-Charge Steven Oldman; and the New York State Department of Environmental Conservation, under the direction of Captain John Burke.
Sentencing is scheduled for November 2, 2017, before Judge Vilardo.
Monmouth County Man Charged with Robbing Investors BankRead the Press Release
TRENTON, N.J. – A Monmouth Beach, New Jersey, man will appear in federal court today to face allegations that he robbed an Investors Bank in Navesink, New Jersey, on July 20, 2017, Acting U.S. Attorney William E. Fitzpatrick announced.
Martin Racioppi, 52, is charged by complaint with one count of bank robbery. He is expected to appear this afternoon before U.S. Magistrate Judge Lois H. Goodman in Trenton federal court.
According to the complaint, Racioppi entered an Investors Bank on July 20, 2017, verbally demanded money from a teller, and fled after the teller gave him cash. Racioppi was arrested a day later in Eatontown, New Jersey, on July 21, 2017.
The bank robbery charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense.
Racioppi has two prior bank robbery convictions, including a federal conviction in 2007.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, Newark Division, Red Bank Resident Agency, Jersey Shore Gang and Criminal Enterprise Task Force (to include representatives from Bradley Beach Police Department, Brick Police Department, Marlboro Police Department, Monmouth County Sheriff’s Office, and Toms River Police Department), under the direction of Special Agent in Charge Timothy Gallagher; the Middletown Township Police Department, under the direction of Chief Craig Weber; the Monmouth County Prosecutor’s Office, under the direction of Monmouth County Prosecutor Christopher J. Gramiccioni; the Monmouth Beach Police Department, under the direction of Chief Thomas C. Walsh; the Atlantic Highlands Police Department, under the direction of Chief Jerry Vasto; and the Eatontown Police Department, under the direction of Chief Michael D. Goldfarb; with the investigation leading to Racioppi’s arrest.
The government is represented by Assistant U.S. Attorney Fabiana Pierre-Louis, Attorney-in-Charge of the U.S. Attorney’s Office Trenton Branch.
The charge and allegations contained in the complaint are merely accusations, and Racioppi is considered innocent unless and until proven guilty.
Defense counsel: Brian P. Reilly Esq., Assistant Federal Public Defender, Trenton
Mobile County Man Sentenced to 60 Months for Possession of Firearm in Furtherance of Drug Trafficking CrimeRead the Press Release
The Acting United States Attorney Steve Butler announces that Eric A. Banks, a 25 year old, resident of Mobile, Alabama was sentenced today to 60 months incarceration followed by five years of supervised release for use of a firearm in furtherance of a drug trafficking crime.
On April 20, 2017, Mr. Banks pled guilty to use of a firearm in furtherance of his drug trafficking crime after being caught with a loaded 9mm Glock pistol. Banks was in a vehicle with the pistol and approximately 443 grams of marijuana packaged in individual quantities for sale.
The Drug Enforcement Administration and the Alabama Law Enforcement Association investigated the case and presented it to the U. S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Miami Resident Sentenced to 54 Months in Prison for $1 Million Unemployment Fraud and Identity Theft SchemeRead the Press Release
Phyllistone Termine, 19, of Miami, was sentenced today by U.S. District Judge Joan Lenard of the Southern District of Florida, to 54 months in prison, to be followed by 3 years of supervised release, for his role in a scheme that used stolen identities to commit more than one million dollars of unemployment fraud.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and Rafiq Ahmad, Special Agent in Charge, Atlanta Region, U.S. Department of Labor, Office of Inspector General (DOL-OIG), made the announcement.
Termine previously pled guilty to one count of use of one or more unauthorized access devices to obtain anything of value aggregating $1,000 or more, in violation of Title 18, United States Code, Section 1029(a)(2), and one count of aggravated identity theft, in violation of Title 18, United States Code, Section 1028A(a)(1).
According to the court documents, law enforcement identified an IP address connected to Termine’s residence that was used to access and file fraudulent unemployment benefit claims for more than 800 individuals, totaling $1,019,859, on the Florida Department of Employment and Opportunity’s online database between March 23, 2015, and March 7, 2016.
part of the investigation that followed, law enforcement executed a search warrant at Termine’s residence. Upon entering the home, law enforcement discovered Termine in his bedroom, wearing earbuds and writing his Summer 2016 fraud goals on a small notepad. The first line read “Buy 3 Phones, 1 clean 2 dirty’s” and “Buy online – Merrick BNK & CCVs.” CCVs are numeric fraud-prevention codes on credit cards that are used to help verify possession of your credit card. They can also be purchased from nefarious internet sources, in order for people to obtain stolen credit card data. On the bed next to Termine were three cellular phones and a laptop computer. Hidden between Termine’s mattress and box spring was a black case containing several debit and credit cards belonging to individuals who did not reside at Termine’s residence. Inside the black case were several white blank plastic cards with magnetic stripes that are used to make debit and credit cards. On the floor next to Termine’s bed was hardware used to encode the magnetic stripe on credit/debit cards.
Several victims whose credit or debit cards were found during the search also had their identities used to file for unemployment benefits using the IP Address at Termine’s home. Law enforcement spoke with many of these victims, all of whom confirmed that they had not filed unemployment claims within the last 5 years, did not authorize anyone else to, and did not know Termine nor authorize him to be in possession of their credit cards, debit cards, or other personal identifying information.
Mr. Greenberg commended the investigative efforts of DOL-OIG and the Social Security Administration, Office of Inspector General (SSA-OIG), who provided significant support to this investigation. This case was prosecuted by Assistant United States Attorney Anne P. McNamara.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Mexican National Pleads Guilty to Federal Cocaine Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Jose Alfredo Martinez-Salas, 37, a Mexican national, pled guilty today in federal court in Albuquerque, N.M., to a cocaine trafficking charge.
Martinez-Salas and co-defendants Omar Garcia, 34, of Albuquerque, N.M., and Abraham Andres Rios, 37, a Mexican national, were arrested in Sept. 2016, on a criminal complaint charging them with cocaine and heroin trafficking offenses. According to the complaint, federal agents arrested the three defendants after they attempted to distribute approximately 6.1 kilograms of cocaine and a kilogram of heroin to undercover Homeland Security Investigations (HSI) agents.
Martinez-Salas and his co-defendants were subsequently charged in a four-count indictment on Oct. 12, 2016. The indictment charged Garcia and Rios with conspiracy and possession of cocaine and heroin with intent to distribute, and Martinez-Salas with distribution of cocaine. According to the indictment, the defendants committed the crimes on Sept. 15, 2016, in Bernalillo County, N.M.
During today’s proceedings, Martinez-Salas pled guilty to Count 4 of the indictment charging him with distribution of cocaine. In entering the guilty plea, Martinez-Salas admitted that on Sept. 15, 2016, he distributed approximately 3.2 kilograms of cocaine to other individuals. Martinez-Salas admitted picking up a backpack containing the cocaine in Taos, N.M., with the intention of delivering the cocaine to individuals in Albuquerque. Law enforcement officers arrested Martinez-Salas in a restaurant parking lot in northwest Albuquerque after he delivered the cocaine to other individuals.
At sentencing, Martinez-Salas faces a statutory mandatory minimum penalty of five years and a maximum of 40 years in federal prison. A sentencing hearing has yet to be scheduled.
Garcia and Rios have entered pleas of not guilty to the charges in the indictment. Charges in criminal complaints and indictments are merely accusations and criminal defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque offices of HSI and DEA. Assistant U.S. Attorney Alexander M. Uballez is prosecuting the case.
Mexican National Indicted for Illegal Re-EntryRead the Press Release
Acting U.S. Duane A. Evans announced that SAUL RODRIGUEZ-AVILES, age 47, was charged today in a one-count Indictment for illegal reentry of a removed alien previously convicted of an aggravated felony.
According to the indictment, RODRIGUEZ-AVILES reentered the United States after he was previously deported on July 16, 2015.
If convicted, RODRIGUEZ-AVILES faces a maximum term of imprisonment of twenty years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.
Acting U. S. Attorney Evans reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Acting U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Massachusetts Man Pleads Guilty to Robbing Three Banks Including One in RindgeRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley today announced that Vincent Torraco, 26, of Athol, Massachusetts, pleaded guilty to three bank robberies, including one in Rindge, New Hampshire.
According to court documents and statements made during Torraco’s plea hearing, Torraco robbed TD bank branches in Gardner, Massachusetts, on September 16, 2016, in Rindge, on September 23, 2016, and in Winchester, Connecticut, on September 24, 2016. In each robbery, Torraco passed a note to a bank teller demanding money. In at least two of the robberies, the notes included warnings not to include dye packs with the money. Torraco was identified as the robber in each instance through bank security images, which revealed distinctive clothing and physical characteristics common to Torraco, and in one case a fingerprint on the demand note.
Torraco’s sentencing is scheduled for November 13, 2017. He has been detained since his arrest in North Carolina on September 27, 2016 and will remain detained pending sentencing.
This investigation of this matter was overseen by the Federal Bureau of Investigation and conducted by the Rindge (N.H.) Police Department, the Gardner (Massachusetts) Police Department, the Winchester (Connecticut) Police Department and the Huntersville (North Carolina) Police Department. The prosecution of the case is being coordinated with the U.S. Attorney’s Offices for the Districts of Massachusetts and Connecticut, the Middle District (Massachusetts) Attorney’s Office, and the Litchfield County (Connecticut) State’s Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Bill Morse.
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Maryland Man Pleads Guilty in Stolen Identity Tax Refund SchemeRead the Press Release
A Temple Hills, Maryland man pleaded guilty today in U.S. District Court for the District of Columbia to conspiring to file fraudulent claims for tax refunds, wire fraud, aggravated identity theft and false personation, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the Indictment and information provided to the court, Anthony Ferguson participated in a stolen identity refund fraud conspiracy from January 2012 through May 2016. Ferguson and his co-conspirators obtained personal identifying information from several sources and used those identities to file tax returns and obtain fraudulent refunds from the Internal Revenue Service (IRS). In 2016, Ferguson pretended to be an employee of the U.S. Department of the Treasury and sent text messages to a witness in an attempt to obtain the details of an ongoing criminal investigation into his conduct.
Sentencing is scheduled for Oct. 23 before U.S. District Court Judge Royce C. Lamberth. He faces a statutory maximum sentence of 10 years in prison for conspiring to file false refund claims, 20 years in prison for each count of wire fraud, three years in prison for false personation and a mandatory minimum sentence of two years in prison for each count of aggravated identity theft. Ferguson also faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg commended special agents of IRS Criminal Investigation and Treasury Inspector General for Tax Administration (TIGTA), who conducted the investigation, and Trial Attorneys Mark McDonald, Sean Green and Jack Morgan of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Marion man sentenced to more than 18 years in prison for armed bank robberiesRead the Press Release
A Marion man was sentenced to more than 18 years in prison for robbing two banks in Marion last summer.
A jury convicted Ronald R. Myles, Jr., 35, earlier this year of robbing two Commercial Savings Bank branches in June 2016. U.S. District Judge Jack Zouhary sentenced Myles to 222 months in prison.
Myles wore a ski mask, pointed a firearm at bank employees and threatened them during the robberies, according to trial testimony and court documents.
Myles served eight years in state prison for two previous robberies, according to court documents.
Marion County Sheriff Tim Bailey said: "I am grateful for the efforts of my office, the Marion City Police Department, the FBI, the citizens who provided information to assist with the investigation, and also the U.S. Attorney's Office. Ultimatley the cooperation of all of these agencies and individuals assisted with the arrest and conviction of Mr. Myles who is no longer a threat to our community or others on behalf of everyones efforts."
“Any time we can take a dangerous criminal out of our community is a positive step in making Marion a better place to live,” Marion Police Chief William Collins said. “Law enforcement from the city, county and on a federal level work well together on major crimes as is evidenced in this case.”
“This prison sentence removes a dangerous person from the streets of Marion,” Acting U.S. Attorney David Sierleja said. “The FBI and Marion Police Department demonstrated once again that they work together to make our communities safer.”
“Ronald R. Myles, Jr. put the life of a bank teller and customer in jeopardy when he used a deadly weapon during the commission of the bank robberies,” said FBI Special Agent in Charge Stephen D. Anthony. “It is defendants like Mr. Myles that the FBI and our local partners will not tolerate and who will be held accountable for such violent acts.”
This case was investigated by the Federal Bureau of Investigation, the Marion County Sheriff’s Office and the Marion Police Department. It was prosecuted by Assistant U.S. Attorneys Tracey Ballard Tangeman and Thomas P. Weldon.
Manchester Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Daniel Rogers, 30, of Manchester, New Hampshire, pleaded guilty today to federal charges of possessing a controlled substance with the intent to distribute, being a felon in possession of a firearm, and possessing a firearm in furtherance of a drug trafficking crime..
According to court documents and statements made in court, shortly after midnight on October 3, 2016, Manchester Police conducted a traffic stop on a car driven by Rogers at the intersection of Granite Street and Commercial Street in Manchester, New Hampshire. Police determined that there were outstanding warrants for both Rogers and the passenger in the vehicle, and both of them were arrested. Police obtained a warrant to search the vehicle, which resulted in the seizure of four firearms, including two rifles that were previously reported stolen, along with approximately 37 grams of fentanyl, 25 grams of crack cocaine, and 21 grams of powder cocaine. Rogers was previously convicted of a felony and was prohibited from possessing firearms.
Sentencing is scheduled for November 14, 2017.
“The U.S. Attorney’s Office is committed to working with our law enforcement partners to stopping drug distribution and the violence associated with drug dealing,” said Acting U.S. Attorney Farley. “Armed drug dealers present a serious risk to public safety and we will be aggressive in our efforts to get guns out of the hands of criminals. I commend the law enforcement officers in this case for their work protecting our community.”
This matter was investigated by the Manchester Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant United States Attorney Shane Kelbley.
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Man Sentenced to 16 Years in Prison for Robbing the University of Maryland Inn and Conference CenterRead the Press Release
FOR IMMEDIATE RELEASE Contact ELIZABETH MORSE
www.justice.gov/usao/md at (410) 209-4885
Greenbelt, Maryland – U.S. District Judge George J. Hazel sentenced Jamal Ulysses Green, age 24, of Bowie, Maryland, to 16 years in prison, followed by 5 years of supervised release for commercial robbery and using, brandishing and discharging a firearm during a crime of violence.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Chief David B. Mitchell of the University of Maryland Police Department; Chief Hank Stawinski of the Prince George’s County Police Department; and Prince George’s County State’s Attorney Angela D. Alsobrooks.
According to his plea agreement, on September 6, 2016, Green and a co-conspirator robbed the University of Maryland University College Inn and Conference Center (UMUC). Green, who was armed and was not wearing a mask, approached a security guard and advised the guard that he was making a delivery to UMUC. The guard followed Green to the loading dock, where Green grabbed the security guard. The security guard fought back. During the altercation Green fired his gun, but did not strike the guard.
Shortly after that, Green’s co-conspirator, wearing a mask and brandishing a handgun, entered the security office of UMUC demanding money and ordering the occupants to the ground. During this time, the security guard involved in the physical altercation with Green on the loading dock returned to the Security Office. As the security guard returned to the Security Office, the co-conspirator appeared in the doorway and fired his gun at the security guard, striking the security guard in the upper left arm, with the bullet going through his/her arm, and lodging next to the security guard’s spine. The injury to the security guard required emergency medical attention. A few seconds later, Green entered the security office. Green and his co-conspirator took three safes from the security office, and fled the area.
Prince George’s County Police Department’s (PGPD) K-9 Unit and Air One helicopter unit responded to 911 emergency calls, and performed a search for the two suspects. Several hours later, a K-9 unit tracked to a wood line directly across the street from the UMUC loading dock. PGPD K-9 found Green in the woods adjacent to the wood line, hiding in overgrown shrubs and trees. Green matched the physical description of the unmasked person seen in the UMUC security video, and was wearing clothing similar in color as one of the suspects who committed the robbery.
Two of the safes taken from the UMUC Security Office were located in the immediate vicinity of where Green was hiding. A third, larger safe, that Green was seen on video carrying out of the security office, was found near the loading dock area concealed amongst trees, next to a.40 caliber semi-automatic pistol. The pistol had a magazine in it, and was loaded with seven rounds of .40 caliber ammunition. The caliber of the firearm was the same as the shell casing found by the loading dock where the security guard was involved in the physical altercation with Green. A forensic analysis of the magazine recovered from the firearm revealed a fingerprint that matched Green’s fingerprint.
Green was arrested and subsequently charged in Prince George’s County District Court with several criminal offenses. Green was detained, at the Prince George’s County Correctional Center (PGCCC). By PGCCC policy, any calls made to or from inmates are recorded. Prior to any conversation, the inmate and the person calling the inmate are advised that the conversation is being recorded. On September 7, 2016, Green made a recorded call to an unidentified male during which he admitted that he fired his gun, but did not hit anybody.
Acting United States Attorney Stephen M. Schenning commended the FBI, the University of Maryland Police Department, the Prince George’s County Police Department, and the Prince George’s County State’s Attorney’s Office for their work in the investigation. Mr. Schenning thanked Assistant United States Attorneys Thomas M. Sullivan and Nicolas A. Mitchell, who prosecuted the case.
MS-13 Member Sentenced for RICO Conspiracy Involving Cocaine TraffickingRead the Press Release
BOSTON – A member of MS-13’s Eastside Loco Salvatrucha (ESLS) clique in Chelsea was sentenced today in federal court in Boston for RICO conspiracy and conspiracy to distribute cocaine.
Efrain Yanes Vasquez, a/k/a “Caballo,” 35, a Salvadorian national residing in Chelsea and Pittsfield, was sentenced to 87 months in prison and will be subject to deportation upon completion of his sentence. On April 27, 2017, Yanes Vasquez pleaded guilty before U.S. District Court Judge F. Dennis Saylor IV to conspiracy to conduct enterprise affairs through a pattern of racketeering activity and conspiracy to distribute cocaine.
After a three-year investigation, Yanes Vasquez was one of 61 defendants named in a superseding indictment targeting the criminal activities of alleged leaders, members, and associates of MS-13 in Massachusetts. According to court documents, MS-13 is a violent transnational criminal organization whose branches or “cliques” operate throughout the United States, including Massachusetts. MS-13 members are required to commit acts of violence against rival gang members to gain promotions and to maintain membership and discipline within the group. Specifically, MS-13 members are required to attack and murder rival gang members whenever possible.
During the investigation, several cooperating witnesses identified Yanes Vasquez as a widely-respected “homeboy,” or full member in MS-13’s ESLS clique. Federal agents recorded an ESLS clique meeting during which Yanes Vasquez urged his fellow clique members to assault a garage owner with a firearm. Yanes Vasquez also participated in “protection details” where, in exchange for cash, he “protected” what he believed to be multi-kilogram cocaine shipments. In fact, agents watched as Yanes Vasquez and other MS-13 members picked up cocaine from an undercover police officer and delivered it to another undercover police officer. When Yanes Vasquez was arrested in Pittsfield, on Sept. 15, 2016, agents seized a loaded .45 caliber handgun, a bag containing 28 loose rounds of .45 caliber ammunition, a box containing 50 packaged rounds of .45 caliber ammunition, and two altered social security cards from his residence.
Yanes Vasquez is the 10th defendant to be sentenced in this case.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; Commissioner Thomas Truco of the Massachusetts Department of Corrections; Essex County Sheriff Kevin F. Coppinger; Suffolk County Sheriff Steven W. Thompkins; Suffolk County District Attorney Daniel F. Conley; Middlesex County District Attorney Marian T. Ryan; Essex County District Attorney Jonathan Blodgett; Boston Police Commissioner William Evans; Chelsea Police Chief Brian A. Kyes; Everett Police Chief Steven A. Mazzie; Lynn Police Chief Michael Mageary; Revere Police Chief Joseph Cafarelli; and Somerville Police Chief David Fallon made the announcement.
The details contained in the charging documents are allegations. The remaining defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Lincoln Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
Acting United States Attorney Robert C. Stuart announced that on July 27, 2017, Olga A. Alfonso, 44, of Lincoln, was sentenced to 10 years (120 months) in prison for possession with intent to distribute 50 grams or more actual methamphetamine on April 25, 2016. Following the prison term, Alfonso will serve five years on supervised release.
On April 25, 2016, Lancaster County Sheriff's Deputies responded to a report of a traffic accident on l-80 west of downtown Lincoln. Upon arrival at the scene of the accident, deputies were told the driver of a car involved in the accident had run from the scene. Witnesses described the driver as a female wearing a large green backpack. Deputies located the driver, Olga Alfonso, a short distance away. The backpack was found abandoned in some weeds. Inside the backpack, deputies found a Social Security card in Alfonso’s name, three baggies of methamphetamine containing at least 240 grams of pure methamphetamine and a digital scale with methamphetamine residue.
This case was investigated by the Lancaster County Sheriff’s Department and the Lincoln/Lancaster County Drug Task Force.
Leader of Cocaine and Ecstasy Smuggling Ring Sentenced to 13 Years in PrisonRead the Press Release
The Canadian organizer of a 2005 attempt to smuggle 41 kilos of cocaine into Canada was sentenced today in U.S. District Court in Seattle to 13 years in prison for conspiracy to distribute cocaine and ecstasy, announced U.S. Attorney Annette L. Hayes. KEVIN DONALD KERFOOT, 53, of Surrey, British Columbia, Canada was indicted in July 2006, nine months after his co-conspirators were arrested in the Bellingham area as they tried to move 41 kilos of cocaine up I-5 and onto a boat for transit to Canada. The person who was going to ferry the cocaine to Canada, brought more than seven kilos of the drug MDMA or ‘ecstasy’ into the U.S. for distribution via KERFOOT’s drug network. KERFOOT fought extradition from Canada for years. After exhausting the extradition process in the Canadian court system, he was transferred to the Western District of Washington and pleaded guilty in April 2017. At the sentencing hearing U.S. District Judge Thomas S. Zilly said KERFOOT, “was involved with a tremendous amount of drugs.”
“This defendant tried to avoid facing the music by getting people to lie during his Canadian extradition proceedings,” said U.S. Attorney Annette L. Hayes. “Perhaps he thought he could fight a war of attrition – but this office and our law enforcement partners are committed to holding leaders of drug trafficking organizations responsible for the poison they spread both here and in Canada.”
According to records filed in the case, a confidential source alerted agents that a large load of cocaine was traveling towards the border in October 2005. Acting on the information, a Washington State Trooper identified a suspicious vehicle driving erratically. After stopping the vehicle, a narcotics K-9 alerted to the presence of cocaine in the vehicle and officers discovered the 41 kilos of cocaine. Agents worked to arrest other members of the smuggling ring, including the captain of a boat waiting at the Bellingham marina, and two other men who were waiting to pick up and distribute the ecstasy the boat had brought down from Canada. KERFOOT was the person in charge of the smuggling operation.
The other members of the smuggling ring were sentenced to prison terms ranging from six-and-a-half years to just over three years. All have since been released after serving their sentences.
As KERFOOT fought extradition from Canada, he convinced at least one member of the crime ring to change his statement to law enforcement. Last August, just as his appeals were running out, one of the members of the ring was attacked in a brazen daylight shooting and suffered seven to eight gunshot wounds as he sat in his car. The witness survived and reported to Canadian law enforcement that KERFOOT was behind the targeted attack. The shooter is currently awaiting trial in Canada.
The case was investigated by the Drug Enforcement Administration (DEA) with assistance from the Washington State Patrol, U.S. Immigration and Customs Enforcement (ICE), U.S. Border Patrol, the U.S. Coast Guard and the Royal Canadian Mounted Police (RCMP).
The case was prosecuted by Assistant United States Attorney Vince Lombardi, with assistance from the Department of Justice Office of International Affairs (OIA).
Last Defendant Sentenced in Heroin Distribution ConspiracyRead the Press Release
DALLAS — Sixto Rivera Bustillos, 44, of Garland, Texas, was sentenced today before U.S. District Judge Jane J. Boyle for his role in a heroin distribution conspiracy, announced U.S. Attorney John Parker of the Northern District of Texas.
Bustillos was sentenced to 135 months in federal prison following his guilty plea in September 2016 to one count of possession with intent to distribute and the distribution of a mixture and substance containing a detectable amount of heroin. Bustillos has been in custody since his arrest in June 2016.
Bustillos was charged along with six others with various offenses related to a heroin distribution conspiracy. Of the seven charged, all pleaded guilty and have been sentenced to the following:
Rene Rodriguez, 31, of Dallas, 108 months
Marcus Stokes, 31, of Plano, 70 months
Daniel Rojo, 32, of Allen, 60 months
Brittany Anders, 32, of Rowlett, 51 months
Jancs Fraire, aka “Jesus Luis Friar,” “Jesus Fraire,” and “Jay,” 19, of Dallas, 20 months
Yovani Loyd Rodriguez, 23, of Dallas, 10 months
According to plea documents filed in Bustillos’ case, on April 27, 2016 Anders and Bustillos met an individual in a McDonalds restaurant bathroom in Garland, Texas and exchanged one-half ounce of heroin for $820.On June 2, 2016, DEA agents went to Bustillos and Anders’ home with federal arrest warrants for both Bustillos and Anders. The agents conducted a protective sweep of the home, and upon entering Bustillo’s bedroom smelled raw marijuana emanating from an open duffel bag on the bed. Agents seized the bag containing marijuana, other controlled substances and a firearm.
The Drug Enforcement Administration, Allen Police Department and Rockwall Police Department investigated. Assistant U.S. Attorney Suzanna Etessam prosecuted.
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Lancaster Heroin Trafficker Sentenced to 170 Months in Federal PrisonRead the Press Release
DALLAS — Gabriel Reyes, aka “Payaso,” 33, was sentenced today by Chief U.S. District Judge Barbara M.G. Lynn to 170 months in federal prison for the distribution of heroin, announced U.S. Attorney John Parker of the Northern District of Texas.
Reyes pleaded guilty in February 2017 to one count of possession with the intent to distribute 100 grams or more of a mixture and substance containing a detectable amount of heroin. He has been in custody since the time of his arrest in September 2016.
According to documents filed in the case, on September 21, 2016 Reyes sold an ounce of heroin from his residence in Lancaster, Texas in exchange for $1,050. On September 28, 2016 law enforcement agents executed a federal search warrant at the residence of Reyes. Agents found over 100 grams of heroin, approximately $92,700, drug paraphernalia, and three firearms.
The case was investigated by the Drug Enforcement Administration, Alcohol Tobacco and Firearms, and Lancaster Police Department. Assistant U.S. Attorney Suzanna Etessam was in charge of the prosecution.
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Little Rock Man Sentenced to 15 Years in Federal Prison for Drug TraffickingRead the Press Release
Fort Smith, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Terrance Quartez Jarrett, aka Boopie, age 34, of Little Rock, was sentenced last week to 180 months in federal prison followed by three years of supervised release, on counts of Possession With Intent to Distribute Methamphetamine and Possession With Intent to Distribute Marijuana. The Honorable P.K. Holmes III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, in May of 2016, officers with the Fort Smith Police Department (FSPD) received information that Terrance Jarrett , a/k/a Boopie, had been selling narcotics out of his residence. On May 17, 2016, a parole search was conducted at Jarrett’s residence. During the search, Officers located approximately 104 grams of methamphetamine and approximately 223 grams of marijuana and three firearms.
Jarrett was named in a federal indictment in June of 2016. In January of 2017, a jury found Jarrett guilty of Possession With Intent to Distribute Methamphetamine and Possession With Intent to Distribute Marijuana.
The Fort Smith Police Department investigated this case with the assistance of Arkansas Department of Community Correction Probation and Parole and the Department of Alcohol Tobacco Firearms and Explosives. Assistant United States Attorney’s Candace Taylor and Aaron Jennen prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Jamaican National Sentenced for Making False Statements at the BorderRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that LaTanya Notice, 42, of Mount Vernon, NY, who was convicted of making false statements to federal officers, was sentenced to one year probation by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Stephanie Lamarque, who handled the case, stated that on January 23, 2013, the defendant, a Jamaican citizen with legal permanent resident status in the United States, attempted to cross into the United States from Canada at the Peace Bridge with a man in possession of a valid United States Passport. Notice claimed that her traveling companion was her brother and they were returning to their home in New York City. Standard database checks revealed that the man was in fact Horace Tajah, an aggravated felon from Jamaica. In 2010, Tajah, who was the defendant’s husband at the time, was convicted in the Southern District of New York of drug, gun, and conspiracy to commit murder charges. Tajah was sentenced to 72 months in prison, deported to Jamaica on December 28, 2012, and banned from the United States for life.
In June 2017, Horace Tajah, who was convicted of reentering the United States after a conviction for an aggravated felony, was sentenced to time served (four years).
The sentencing is the result of an investigation by United States Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.
Jamaican Man Convicted of Transporting and Possessing Child PornographyRead the Press Release
Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces that a federal jury has found Anthony Carl Spence (45, Jamaica) guilty of transporting and possessing child pornography. He faces a maximum penalty of 20 years in federal prison; his sentencing hearing is October 12, 2017.
According to testimony and evidence presented at trial, on February 6, 2017, Spence arrived at the Orlando International Airport from Jamaica with a smartphone. During a routine border search of the phone, agents located a video depicting an adult male sexually abusing a toddler. Later, agents located a second video that depicted a child between the ages of seven and nine engaged in sexually explicit conduct. During an interview with law enforcement, Spence admitted that he had shared the videos with multiple people in Jamaica but claimed that he thought he had deleted the videos before he came to the United States.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection. It is being prosecuted by Assistant United States Attorney Shawn P. Napier.
Indiana Man Admits Role in Dark Net Weapons Trafficking SchemeRead the Press Release
TRENTON, N.J. - An Indiana man today admitted transporting weapons to New Jersey in connection with illegal firearms trafficking and sales activity he conducted on an underground, internet based marketplace known as Alphabay, Acting U.S. Attorney William E. Fitzpatrick announced.
Benjamin Donald Brunni, 19, of Greensburg, Indiana, pleaded guilty before U.S. District Judge Brian R. Martinotti in Trenton federal court to an information charging him one count of transporting and selling firearms without a license.
Co-defendant Nicholas Michael Albertson, 20, of Columbus, Indiana, pleaded guilty to the same offense on July 14, 2017. The arrests of Brunni and Albertson stemmed from a larger law enforcement operation initiated by the U.S. Department of Homeland Security that targeted illegal activities conducted through the dark net since 2013.
“This case highlights the danger posed by dark net marketplaces that offer one-stop anonymous shopping for criminal services,” Acting U.S. Attorney Fitzpatrick said. “A brief series of online communications was all it took to negotiate an $7,550 illicit firearms purchase and send Brunni and Albertson from Indiana to New Jersey to deliver an arsenal of assault rifles and untraceable handguns. Thankfully, a sophisticated undercover operation intercepted the guns and put these two out of business.”
“This guilty plea serves as a stern warning about the consequences awaiting arms traffickers who think the dark net is a safe haven to conduct illegal activities,” said Debra Parker, Acting Special Agent in Charge of Department of Homeland Security, Homeland Security Investigations (HSI) in Newark. “HSI will continue to work with its law enforcement partners to hold criminals who use anonymous internet software for illegal activities accountable for their actions.”
According to documents filed in this case and statements made in court:
Beginning in April 2013, HSI special agents conducted an undercover investigation of illicit sales activity on various dark net internet platforms. During the course of the investigation, Alphabay was identified as a website that provided a platform for vendors and buyers to conduct anonymous online transactions involving the sale of a variety of illegal goods, including firearms, ammunition, explosives, narcotics, and counterfeit items.
Unlike mainstream e-commerce websites, Alphabay was only accessible via the “Tor” network, which enabled its users to conceal their identities and physical locations. Although Tor has known legitimate uses, it is also used by cybercriminals seeking anonymity during illicit online activities.
During the course of the investigation, HSI agents learned that Brunni maintained a profile on Alphabay in which he expressed interest in the sale and purchase of firearms and ammunition. For approximately one month, Brunni negotiated with an undercover officer, whom he believed was an international purchaser of firearms, for the sale of numerous semi-automatic handguns and rifles.
Ultimately, Brunni agreed to sell 10 firearms to the undercover officer, including eight Glock-model semi-automatic handguns with obliterated serial numbers and two semi-automatic rifles for $7,550. Brunni also agreed to transport the weapons from his home in Indiana to New Jersey to complete the transaction.
On Sept. 9, 2016, Brunni and Albertson traveled to the meeting spot at a truck stop in Phillipsburg, New Jersey, and were subsequently arrested. Law enforcement agents recovered a loaded Smith & Wesson Model 5906 S-A Pistol in the vicinity of the Mercedes driver’s seat, as well as three Glock Model 22 Pistols, one Glock Model 17 Gen 4 Pistol, one Glock Model 20 Pistol, one Glock Model 26 Gen 4 Pistol, one Glock Model 30 Pistol, one Glock Model 34 Pistol, one Rugar AR-556 assault rifle, and one Anderson Mfg. AM-15 assault rifle. The serial numbers from each of the Glock handguns were obliterated and unrecognizable.
The unlicensed sale and weapons transportation charge carries a maximum potential penalty of five years in prison and a $250,000 fine. Sentencing for Brunni and Albertson is scheduled for Nov. 28, 2017 and Nov. 13, 2017, respectively.
U.S. Attorney Fitzpatrick credited special agents of the Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Debra Parker in Newark, Homeland Security Investigations Indianapolis, under the direction of Special Agent in Charge Resident Agent in Charge Gary Woolf, officers of the N.J. State Police under the direction of Col. Joseph R. Fuentes, and officers of the Greenfield Police Department, Indiana, under the direction of Chief Jeff Rasche, with the investigation.
The government is represented by Assistant U.S. Attorney Dennis C. Carletta of the U.S. Attorney's Office's National Security Unit in Newark.
Defense Counsel: Brunni: Brian J. Neary Esq., Hackensack, New Jersey
Albertson: Assistant Federal Public Defender Carol Gillen Esq., NewarkIllegal Alien Pleads Guilty to Gun PossessionRead the Press Release
Gulfport, Miss – Rodrigo Hernandez-Garcia, age 32, an illegal alien from Mexico who was living in Bay St. Louis, pled guilty on July 26, 2017, before Chief District Judge Louis Guirola, Jr., to possession of a firearm by an illegal alien, announced Acting U. S. Attorney Harold Brittain.
Hernandez-Garcia will be sentenced on October 24, 2017 and faces a maximum penalty of 10 years in prison and a $250,000 fine. He also faces deportation as a convicted felon.
The case was investigated by Homeland Security Investigations and prosecuted by Assistant United States Attorney Annette Williams.
INTERPOL Washington Addresses Biometrics ConferenceRead the Press Release
INTERPOL Washington INTERPOL Washington Assistant Director Royce Walters addresses the audience at the Biometrics for Government & Law Enforcement International Conference.On July 26, 2017, INTERPOL Washington--the U.S. National Central Bureau--participated in the Biometrics for Government & Law Enforcement International Conference. Held in Arlington, Virginia, the three-day event brought together industry experts from various fields, including high level U.S. government officials, directors of security agencies, heads of acquisition, and biometric program managers, to discuss the challenges and best practices they have encountered with shaping national and global security.
INTERPOL Washington Assistant Director Royce Walters addressed the session called, “Leveraging Voice, Face and Physical Behavioral Biometrics to Enhance Security Layers.” He provided an overview of INTERPOL Washington, including its mission and participation in various information sharing initiatives.
Border points are critical locations for preserving national security and INTERPOL has a number of tools to support these efforts, including INTERPOL’s database of Stolen and Lost Travel Documents (SLTD). Walters explained the origins of SLTD which became operational in July of 2002, following the 9/11 terrorist attacks. SLTD helps INTERPOL member countries secure their borders and protect their citizens from terrorists and other dangerous criminals who travel freely using stolen, lost, revoked, and forged travel documents. The SLTD database is a searchable repository of visas and passports reported as lost or stolen.
INTERPOL National Central Bureaus (NCBs) and law enforcement agencies submit information about stolen and lost travel documents directly into the SLTD database via INTERPOL’s secure global police-to-police communications system, I-24/7. Law enforcement officials use the SLTD database to screen the passports of individuals who are travelling internationally in order to rapidly ascertain the status of the individual and passport in question.
Walters emphasized the important role that individual countries play in the success of the SLTD. The database is only as strong as the information entered and the consistency of its use.
A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to INTERPOL on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.Hundreds of MS-13 Gang Members Charged by Salvadoran Government During Visit by Attorney General SessionsRead the Press Release
During their meeting in San Salvador this morning, Attorney General Jeff Sessions congratulated Attorney General Douglas Menéndez on their announcement that Salvadoran prosecutors today charged 113 MS-13 gang members in El Salvador. In addition, 593 gang members were charged yesterday, including many MS-13 members.
On February 9, 2017, President Donald J. Trump issued an Executive Order on Enforcing Federal Law with Respect to Transnational Criminal Organizations and Preventing International Trafficking to dismantle and eradicate transnational gangs threatening the safety of our communities. Pursuant to that order, Attorney General Sessions has made dismantling transnational gangs like MS-13 a priority. Today’s announcement comes as a result of the meeting the Attorneys General held in March of this year in Washington, D.C.
Earlier this year, members of the MS-13’s Peajes Locos Salvatruchas Clique, occupying territory in the La Paz Department of the country, allegedly committed several high profile murders including the killings of three victims from the LGBT community who were believed to have committed extortions without authorization from MS-13. The alleged shooter in these high profile murders fled to the United States and is now in ICE custody pending immigration proceedings. ICE agents in El Salvador are coordinating with their counterparts in the United States to ensure that he is quickly removed and brought back to El Salvador to face charges.
The investigation into this MS-13 clique is being handled by Salvadoran gang prosecutors who were trained and mentored by FBI and State Department Bureau of International Narcotics and Law advisors, Justice Department embedded Office of Overseas Prosecutorial Development Assistance and Training (OPDAT) prosecutors, and police officers from the HIT Team. In addition, FBI and OPDAT teams worked with Salvadoran prosecutors to fund and arrange for essential witnesses to the murders to be transported to El Salvador for court proceedings.