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Friday 9 June 2017
Man Pleads Guilty to Embezzling over $19 Million from IT CompanyRead the Press Release
ALEXANDRIA, Va. – A Nokesville man pleaded guilty today to embezzling approximately $19.3 million from his employer, an information technology company headquartered in Reston.
According to the statement of facts filed with the plea agreement, Jon Frank, 48, worked at the company as the controller. From 2007 until January 2017, he used his position to initiate transfers of approximately $19.3 million from the company’s bank account to his personal accounts. He created false documents to make it appear that the money was being sent as reimbursement to another company that was administering the health insurance plan for Frank’s employer. Relying upon his knowledge and the altered documents, he was able to mislead the individuals performing audits of the company’s financial records. Frank spent the money on expensive automobiles and real estate, among other things.
Frank pleaded guilty to wire fraud, and faces a maximum penalty of 20 years in prison when sentenced on September 8. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office, made the announcement after U.S. District Judge Leonie M. Brinkema accepted the plea. Assistant U.S. Attorney Jack Hanly is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-144.
Lubbock Fentanyl Distributors SentencedRead the Press Release
LUBBOCK, Texas — Sidney Caleb Lanier, 36, and Jamie Marie Robertson, 32, both of Lubbock, Texas, were sentenced this morning before Senior U.S. District Judge Sam R. Cummings for their roles in a conspiracy to distribute fentanyl, announced U.S. Attorney John Parker of the Northern District of Texas.
Lanier was sentenced to 135 months in federal prison following his guilty plea in February 2017 to one count of conspiracy to distribute and possess with intent to distribute fentanyl. Robertson was sentenced to 48 months in federal prison following her guilty plea also in February 2017 to one count of unlawful use of a communications facility.
Co-defendant Jessica Christine Holl, 29, of Lubbock, Texas, pleaded guilty in March 2017 to one count of conspiracy to distribute and possess with intent to distribute fentanyl and furanyl fentanyl and is scheduled to be sentenced June 30, 2017.
“Fentanyl is responsible for a sharp increase in overdoses and deaths across the country and poses a very high risk of death to not only users, but law enforcement and first responders as well,” said U.S. Attorney Parker. “Our local, state and federal partners will continue to push back hard on those who peddle this poison in our communities.”
The defendants have been in custody since their arrest in October 2016 following a law enforcement operation led by Lubbock Police Department and special agents with the Drug Enforcement Administration focused on the distribution in the Lubbock area of the highly potent synthetic opioid, fentanyl.
While fentanyl can serve as a direct substitute for heroin in opioid-dependent individuals, it is a dangerous substitute as it is 50 times more potent than heroin and results in frequent overdoses that can lead to respiratory depression and death. Cheaper than heroin, fentanyl can be ingested, inhaled or absorbed through the skin; just a few milligrams, equivalent to a few grains of table salt, may be deadly.
According to documents filed in this case, from approximately January 2013 to October 27, 2016, Lanier, Holl, and Robertson did knowingly and intentionally combine, conspire, confederate and agree with each other to intentionally distribute and possess with intent to distribute a mixture and substance containing a detectable amount of fentanyl, a Schedule II controlled substance. Lanier supplied Holl and Robertson with large amounts of Fentanyl he purchased online on the Darknet from China using Bitcoin, a digital currency. The Fentanyl was shipped to various addresses in the Lubbock area, prepared by the defendants and sold for use.
The case was investigated by the Lubbock Police Department and the Drug Enforcement Administration. Assistant U.S. Attorney Jeff Haag is in charge of the prosecution.
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Local Attorney Sentenced for Wire Fraud Related to $70 Million Ponzi SchemeRead the Press Release
DAYTON – Steven Scudder, 62, of Centerville, was sentenced in U.S. District Court to 14 months in prison and three years of supervised release for his role in a fraudulent investment scheme. Scudder pleaded guilty to wire fraud on January 19, and admitted that he used his position as an attorney to facilitate the fraudulent investment scheme operated by someone else.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Ryan L. Korner, Acting Special Agent in Charge, Internal Revenue Service (IRS) Criminal Investigation, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Joseph Rivers, Regional Director of the U.S. Department of Labor Employee Benefits Security Administration, James Vanderberg, Special Agent in Charge of the U.S. Department of Labor Office of the Inspector General and Christopher White, Assistant Inspector in Charge, U.S. Postal Inspection Service announced the sentence handed down today by U.S. District Judge Thomas M. Rose.
Court documents state that between July 2013 and July 2014, Scudder served as trustee of the WMA Trust, a land trust that purported to secure investments that individuals had made with William Apostelos. Scudder ultimately resigned from this position during mid-summer 2014. Scudder said Apostelos instructed him to continue to falsely hold himself out as the trustee of the WMA Trust until September 2014. Based on Scudder’s false representations, an investment group of approximately 10 people in another state invested more than $1 million with Apostelos. Apostelos used the funds to pay earlier investors rather than investing the money as promised.
Apostelos pleaded guilty in February for conducting a $70 million Ponzi scheme that defrauded nearly 500 victims. He is scheduled for sentencing at 9:30am on June 30.
U.S. Attorney Glassman commended the cooperative law enforcement investigation of this case, as well as Assistant United States Attorney Brent G. Tabacchi, who is representing the United States in this case.
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Lee's Summit Man Pleads Guilty to Distributing Child PornographyRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Lee’s Summit, Mo., man pleaded guilty in federal court today to distributing child pornography over the Internet.
Clark H. Henshaw, 36, of Lee’s Summit, pleaded guilty before U.S. District Judge Beth Phillips to the charge contained in an Oct. 14, 2015, federal indictment.
The investigation began in July 2013 when federal agents contacted a man in Bangor, Maine, who was trading child pornography on a photo-sharing website. Henshaw was identified as one of his primary trading partners to whom he sent images and videos of his sexual abuse of two 6-to-7-year-old boys. Each of those trading partners, he told federal agents, also claimed to have manufactured the child pornography they were sending to him.
Clark received 34 images of child pornography from his trading partner in Maine, including several images of him sexually molesting two prepubescent boys. Investigators learned that Henshaw sent two e-mail messages to other individuals on Aug. 20, 2013, that contained some of those images of child pornography.
On Feb. 13, 2014, federal agents executed a search warrant at Henshaw’s residence. Henshaw and his mother were home during the execution of the search warrant, however, agents had to force entry because no one would answer the door. They seized Henshaw’s cell phone, which contained 10 child pornography movie file downloads.
Under federal statutes, Henshaw is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Teresa Moore. It was investigated by Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Lauderdale County Man Sentenced to 120 Months in Prison for Possession of a Firearm by a Convicted FelonRead the Press Release
Jackson, Miss – Brad Johnson, 27, from Meridian, was sentenced on May 30, 2017, by U.S. District Judge Henry T. Wingate, to 120 months in federal prison, followed by three years of supervised release, and ordered to pay a $1500 fine for being a felon in possession of a firearm, announced Acting U.S. Attorney Harold Brittain.
Johnson pled guilty on March 1, 2017 to possessing two firearms in Meridian on October 7, 2015, at a time in which he was already a convicted felon.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Meridian Police Department. It was prosecuted by Assistant U.S. Attorney Abe McGlothin.
Last Defendant in Heroin, Methamphetamine and Cocaine Distribution Conspiracy Sentenced to 225 Months in Federal PrisonRead the Press Release
DALLAS — Juan Salazar-Sanchez, aka “Mario Ayala Guzman” and “Manuel Barreto-Sanchez,” 50, was sentenced yesterday by U.S. District Judge Jane J. Boyle to 225 months in federal prison for his role in a heroin, methamphetamine and cocaine distribution conspiracy, announced U.S. Attorney John Parker of the Northern District of Texas.
Salazar-Sanchez pleaded guilty in October 2016 to one count of possession with intent to distribute cocaine. Salazar-Sanchez has been in custody since his arrest.
“The convictions of Juan Salazar-Sanchez and his co-conspirators are indicative of law enforcement’s continued commitment to fully identify, investigate and bring to justice drug trafficking organizations determined to make a living from those struggling with addiction,” said U.S. Attorney Parker.
Salazar-Sanchez and four others were arrested in early June 2016 by special agents with the Drug Enforcement Administration (DEA) and the Dallas Police Department who were conducting an operation into bulk distribution of crystal methamphetamine and bulk U.S. currency.
All defendants have been sentenced for their roles in the conspiracy to the following:
Uriel Aguirre-Arzate, 21, 180 months
Isidro Romero-Madriz, 20, 70 months
Maricela Mendoza, 20, 11 months
According to documents filed in the case, on June 6, 2016 law enforcement executed a search at a residence on Reynolds Avenue in Dallas, Texas where the four defendants resided. Law enforcement located four loaded firearms and 75.7 grams of methamphetamine in a bedroom used by Salazar-Sanchez. A loaded firearm, 11,703 grams of methamphetamine, 3,354.6 grams of cocaine and 443.5 grams of heroin were located in a bedroom used by Aguirre-Arzate. 25,681.9 grams of cocaine and 1,116.8 grams of heroin were located in another bedroom used by Mendoza and Romero-Madriz. A total of $371,000 was also located in the residence.
The DEA and the Dallas Police Department investigated. Assistant U.S. Attorneys Cara Pierce and Myria Boehm prosecuted.
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Las Vegas Man Sentenced for Interfering with a Flight CrewRead the Press Release
LUBBOCK, Texas — Jerry Ba Nguyen, 25, of Las Vegas, was sentenced today before Senior U.S. District Judge Sam R. Cummings to 36 months in federal custody for interfering with flight crew members and attendants, announced U.S. Attorney John Parker of the Northern District of Texas.
Nguyen pleaded guilty in February 2017 to one count of interference with flight crew members and attendants. Nguyen has been in custody since his arrest in September 2016.
According to plea documents filed in the case, on September 22, 2016 Nguyen was a passenger on American Airlines flight 2542 in route from Ontario, California, to Dallas/Fort Worth International Airport, which was diverted to Lubbock Preston Smith International Airport, after Nguyen, knowingly interfered and attempted to interfere with the performance of the duties of a flight crew member and flight attendant, lessening their ability to perform their duties, by assaulting and intimidating the flight attendant and flight crew member by refusing to comply with instructions from flight attendants.
Nguyen came to the attention of the flight attendants as the plane was leaving the gate in Ontario, appearing agitated and walking toward the front of the aircraft as it prepared to take off. Flight attendants were able to calm him down, and the plane departed. After takeoff, however, Nguyen’s erratic behavior continued; he mumbled that the SIM card had been stolen from his phone and he made suicidal statements. He also stated that the police were not his friends, and the U.S. government was responsible for the September 11, 2001, terrorist attacks.
Nguyen was asked to remain in his seat by the flight crew on multiple occasions, but refused. Flight attendants were so concerned about his behavior that they recruited several passengers to assist with physically restraining Nguyen if it became necessary.
Upon final approach, Nguyen walked to the front of the aircraft and was near the cockpit door. Flight attendants instructed Nguyen numerous times that he needed to be seated for landing, but Nguyen refused to take his seat. Due to Nguyen’s proximity to the cockpit door, the lead flight attendant signaled other passengers to subdue Nguyen.
The Captain declared an emergency and diverted the flight to Lubbock Preston Smith International Airport, where it landed safely. Nguyen was removed from the plane and taken into custody
The Federal Bureau of Investigation, the Transportation Security Administration, the Lubbock Police Department and the Lubbock International Airport Police Department investigated the case. Assistant U.S. Attorney Jeffrey Haag prosecuted.
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Lafayette man sentenced to 18 months in prison for defrauding illegal aliens in federal custodyRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a former Lafayette stockbroker and financial consultant was sentenced to 18 months in prison for operating a scheme to take money from the families of Immigration and Customs Enforcement (ICE) detainees on the false promise that he would provide the ICE detainees assistance in their immigration proceedings.
Donald Domingue, 59, of Lafayette, was sentenced by U.S. District Judge Donald Walter on one count of wire fraud. He was also sentenced to three years of supervised release and ordered to pay $10,965 restitution and a $10,000 fine. According to the March 27, 2017 guilty plea, Domingue, who was a financial consultant and stockbroker in Lafayette, owned and operated a company headquartered in Lafayette that claimed to assist individuals being held in ICE detention centers. Through this company, American Immigration Consulting LLC, Domingue operated a scheme to defraud ICE detainees. He would make mass mailings to ICE detention centers around the country advertising his services in representing illegal aliens and assisting them with their immigration problems. Those detainees would then contact family members who would pay Domingue in exchange for promises that Domingue would represent the ICE detainees at deportation hearings, assist them in obtaining work permits, assist them in “bonding out” of detention facilities, and otherwise provide services in immigration-related matters. However, after receiving payments, Domingue would cease communication with the ICE detainees and their family members and fail to render the promised immigration services. The ICE detainees would then generally be deported. The scheme to defraud stared in April of 2014 and ended October 2014.
The U.S. Immigration and Customs Enforcement Office of Professional Responsibility and the U.S. Postal Inspection Service investigated the case. Assistant U.S. Attorneys David C. Joseph and Robert C. Abendroth prosecuted the case.
Kansas Man Charged with Hate Crime, Firearm Offenses in Shooting of Three Men at Olathe BarRead the Press Release
The Justice Department today announced the indictment of Adam W. Purinton, 52, of Olathe, Kansas. Purinton was indicted by a federal grand jury on hate crime and firearm charges for shooting three men—including two Indian nationals—at an Olathe bar on Feb. 22, 2017.
The announcement was made by Acting Assistant Attorney General Thomas E. Wheeler, II, head of the Justice Department’s Civil Rights Division, and United States Attorney Thomas E. Beall of the District of Kansas.
Today’s indictment accuses Purinton of shooting and killing Srinivas Kuchibhotla because of Kuchibhotla’s actual and perceived race, color, religion and national origin. The indictment also accuses Purinton of attempting to kill Alok Madasani because of his actual and perceived race, color, religion and national origin.
A third count in the indictment charges Purinton with violating a federal firearms statute by discharging a firearm at Kuchibhotla, Madasani, and the third man, Ian Grillot, during those crimes of violence.
The indictment alleges that Purinton committed the offenses after substantial planning and premeditation, attempted to kill more than one person in a single criminal episode, and knowingly created a grave risk of death to others on the scene.
The statute authorizes a maximum penalty of death or life in prison; the Justice Department will determine at a later date whether, in this particular case, it will seek the death penalty.
An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.
Investigating agencies include the FBI and the Olathe Police Department. This case is being prosecuted by Assistant United States Attorneys Tris Hunt and David Zabel of the District of Kansas and Trial Attorney Christopher J. Perras of the Justice Department’s Civil Rights Division.
Kansas Man Charged with Hate Crime, Firearm Offenses in Shooting of Three Men at Olathe BarRead the Press Release
WASHINGTON – The Justice Department today announced the indictment of Adam W. Purinton, 52, of Olathe, Kansas. Purinton was indicted by a federal grand jury on hate crime and firearm charges for shooting three men—including two Indian nationals—at an Olathe bar on Feb. 22, 2017.
The announcement was made by Acting Assistant Attorney General Thomas E. Wheeler, II, head of the Justice Department’s Civil Rights Division, and United States Attorney Thomas E. Beall of the District of Kansas.
Today’s indictment accuses Purinton of shooting and killing Srinivas Kuchibhotla because of Kuchibhotla’s actual and perceived race, color, religion and national origin. The indictment also accuses Purinton of attempting to kill Alok Madasani because of his actual and perceived race, color, religion and national origin.
A third count in the indictment charges Purinton with violating a federal firearms statute by discharging a firearm at Kuchibhotla, Madasani, and the third man, Ian Grillot, during those crimes of violence.
The indictment alleges that Purinton committed the offenses after substantial planning and premeditation, attempted to kill more than one person in a single criminal episode, and knowingly created a grave risk of death to others on the scene.
The statute authorizes a maximum penalty of death or life in prison; the Justice Department will determine at a later date whether, in this particular case, it will seek the death penalty.
An indictment is merely an accusation and the defendant is presumed innocent unless proven guilty.
Investigating agencies include the FBI and the Olathe Police Department. This case is being prosecuted by Assistant United States Attorneys Tris Hunt and David Zabel of the District of Kansas and Trial Attorney Christopher J. Perras of the Justice Department’s Civil Rights Division.
Jackson County Man Sentenced on Methamphetamine OffenseRead the Press Release
On June 8, 2017, Marshall D. Rosenberger, 36, of Carbondale, was sentenced to federal prison for a methamphetamine offense, Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today.
Rosenberger, who had previously pled guilty to a one-count indictment charging conspiracy to manufacture and distribute methamphetamine, was sentenced to 108 months of imprisonment, to be followed by three years of supervised release, and was fined $350.00. The indictment alleged the offense occurred between October 2015 and July 13, 2016, in Jackson and Williamson Counties. Evidence at the plea and sentencing hearings established Rosenberger was involved with Lucas Holland and other persons in the manufacture of methamphetamine and distribution of ice in southern Illinois. Ice is methamphetamine which has a purity level of at least 80%. At sentencing, the district court found Rosenberger was responsible for the possession or distribution of 42.53 grams of ice, 312 grams of a mixture containing methamphetamine, and 2.88 grams of pseudoephedrine. Lucas Holland was previously sentenced to 188 months of imprisonment for his role in the ice conspiracy.
The investigation was conducted by the Jackson County Sheriff’s Office and Southern Illinois Enforcement Group. The Carbondale Police Department also assisted in the investigation.
Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Lynch in Missoula on June 6, 2017 and entering pleas of Not Guilty were:
- NOLAN DAVID BARBISAN, a 28-year-old resident of Bozeman, appeared on charges of felon in possession of firearms, false statement during firearms transaction, and possession of an unregistered silencer. If convicted of the most serious charges contained in the indictment, BARBISAN faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lewis and Clark County Sheriff’s Office. PACER Case Reference. 17-09
- RANDALL ALAN FRANZ, a 58-year-old resident of Sandpoint Idaho, appeared on charges of concealment of assets in bankruptcy, false oath or account, and wire fraud. If convicted of the most serious charges contained in the indictment, FRANZ faces 20 years in prison, $250,000 in fines and 5 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 17-18
- WALTER JAMES MANULA, a 64-year-old resident of Butte, appeared on charges of felon in possession of firearms and ammunition. If convicted of the charge contained in the indictment, MANULA faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-01
- WILLIAM KENT ROSS, a 67-year-old resident of Whitehall, appeared on charges of felon in possession of firearms and ammunition. If convicted of the charge contained in the indictment, ROSS faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-09
Appearing before U.S. Magistrate Cavan in Billings on June 2, 2017 and entering pleas of Not Guilty were:
- JEANETTE LAMBERT SCHACHT, a 55-year-old resident of Laurel, appeared on charges of conspiracy to distribute methamphetamine, distribution of methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and maintain drug – involved premises. If convicted of the most serious charges contained in the indictment, SCHACHT faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 17-65
- RAYMOND EDWARD SCHACHT, a 57-year-old resident of Laurel, appeared on charges of conspiracy to distribute methamphetamine, distribution of methamphetamine, possession of a firearm in furtherance of a drug trafficking crime, and maintain drug – involved premises. If convicted of the most serious charges contained in the indictment, SCHACHT faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 17-65
- RONALD ANDREW SMITH, a 35-year-old resident of Redwood City, California, appeared on charges of possession with intent to distribute methamphetamine. If convicted of the charge contained in the indictment, SMITH faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, the Montana Highway Patrol, and Park County Sheriff’s Office. PACER Case Reference. 17-55
- ISAIAH ELGIE THOMAS, a 29-year-old resident of Miles City, appeared on charges of felon in possession of a firearm, possession of a firearm by a person previously convicted of a misdemeanor crime of domestic violence, and possession of a stolen firearm. If convicted of the most serious charges contained in the indictment, THOMAS faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-50
- JAIRO SEBASTIAN VELA-DIAZ, a 31-year-old resident of Grenada, appeared on charges of possession with intent to distribute methamphetamine. If convicted of the charge contained in the indictment, VELA-DIAZ faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Drug Enforcement Administration, the Montana Highway Patrol, and Park County Sheriff’s Office. PACER Case Reference. 17-55
Appearing before U.S. Magistrate Cavan in Billings on May 31, 2017 and entering pleas of Not Guilty were:
- SHAWN MICHAEL WENTZ, a 26-year-old resident of Bozeman, appeared on charges of receipt of child pornography. If convicted of the charge contained in the indictment, WENTZ faces 20 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Homeland Security Investigations. PACER Case Reference. 17-24
Appearing before U.S. Magistrate Cavan in Billings on May 30, 2017 and entering pleas of Not Guilty were:
- CHAD RUSSELL MATTFELDT, a 42-year-old resident of Livingston, appeared on charges of felon in possession of a firearm, and possession of a firearm by a person previously convicted of a misdemeanor crime of domestic violence. If convicted of the most serious charge contained in the indictment, MATTFELDT faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Park County Sheriff’s Office. PACER Case Reference. 17-63
Appearing before U.S. Magistrate Cavan in Billings on May 25, 2017 and entering pleas of Not Guilty were:
- TERRY LEE FELLER, a 58-year-old resident of Billings, appeared on charges of felon in possession of a firearm, and possession of a stolen firearm. If convicted of the most serious charge contained in the indictment, FELLER faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-63
- VERNON RAY HENSON, a 57-year-old resident of Colville, Washington, appeared on charges of felon in possession of a firearm and ammunition. If convicted of the most serious charge contained in the indictment, HENSON faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-43
Appearing before U.S. Magistrate Cavan in Billings on May 24, 2017 and entering pleas of Not Guilty were:
- MICHAEL LEE LIRA, a 52-year-old resident of Billings, appeared on charges of conspiracy to possess with intent to distribute methamphetamine, and possession with intent to distribute methamphetamine. If convicted of the most serious charge contained in the indictment, LIRA faces life in prison, $10,000,000 in fines and 5 years supervised release. The case was investigated by the Homeland Security Investigations, Russell Country Drug Task Force, and the Great Falls Police Department. PACER Case Reference. 17-34
Appearing before U.S. Magistrate Johnston in Great Falls on May 23, 2017 and entering pleas of Not Guilty were:
- BENGAMIN RAY YELLOW OWL, a 25-year-old resident of Browning, appeared on charges of aggravated sexual abuse, sexual abuse of a minor, and distribution of a controlled substance to a person under 21. If convicted of the most serious charges contained in the indictment, YELLOW OWL faces life in prison, $2,000,000 in fines and lifetime supervised release. The case was investigated by the Bureau of Indian Affairs. PACER Case Reference. 17-32
Appearing before U.S. Magistrate Cavan in Billings on May 23, 2017 and entering pleas of Not Guilty were:
- VIOLET JOANN AGNES BIRDINGROUND, a 22-year-old resident of Crow Agency, appeared on charges of assault resulting in serious bodily injury. If convicted of the charge contained in the indictment, BIRDINGROUND faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 17-37
- TODD THOMAS MALMSTROM, a 52-year-old resident of Lockwood, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, MALMSTROM faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-54
Appearing before U.S. Magistrate Cavan in Billings on May 19, 2017 and entering pleas of Not Guilty were:
- EMMANUEL ARCE-GAXIOLA, a 28-year-old resident of Rock Springs, Wyoming, appeared on charges of possession with intent to distribute methamphetamine, and distribution of methamphetamine. If convicted of the most serious charges contained in the indictment, ARCE-GAXIOLA faces 20 years in prison, $1,000,000 in fines and 3 years supervised release. The case was investigated by the Drug Enforcement Administration and the Eastern Montana HIDTA. PACER Case Reference. 16-113
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Houston Man Sentenced to Federal Prison for Drug Trafficking Following $1.2 Million Dollar Cash SeizureRead the Press Release
A drug trafficker was sentenced to 14 years in prison in federal court on Friday, June 9, 2017, for conspiracy to distribute cocaine in the St. Louis metropolitan area.
United States Attorney Donald S. Boyce announced the sentence for the Southern District of Illinois. Defendant Samuel Dewayne Monroe, 39, of Houston, Texas, was sentenced to 168 months in prison, five years of supervised release to follow the term of imprisonment, a $600 fine, and a $100 special assessment. Monroe’s sentence came after the Court determined that he was involved in distributing approximately 120 kilograms of cocaine from Texas into the Midwest.
Monroe was charged in an Indictment on February 18, 2016, alleging that he and seven co-defendants participated in a conspiracy to distribute more than five kilograms of cocaine into the Southern District of Illinois. In addition to the drug crimes, the indictment sought forfeiture of $1,212,934 in U.S. currency seized on December 2 and 3, 2015, along with jewelry appraised at $72,000.
Court records established thatMonroe and seven co-defendants conspired to traffic cocaine in the St. Louis metropolitan area. Evidence showed that in November 2015, Monroe and others traveled to the St. Louis area to deliver cocaine and transport cash. Part of this shipment included instructions to meet with a co-defendant to supply him with three kilograms of cocaine destined for O’Fallon, Illinois. On December 2, 2015, several individuals met in the parking lot at the Galleria Mall in St. Louis, Missouri, and delivered three kilograms of cocaine. Those kilograms were sold on a "front," or consignment-type arrangement, where the buyer was not required to make payment at the time of delivery. The recipient took the three kilograms back to O’Fallon where two of the kilograms were promptly redistributed to St. Louis and East St. Louis.
On the next day, December 3, 2015, one of the buyers contacted the supplier to complain that the third kilogram was of poor quality. The buyers asked to exchange it for a replacement kilogram. The parties agreed to meet again at the Galleria Mall in St. Louis to obtain the replacement kilogram. Police interrupted the planned exchange in the parking lot and arrested each of the participants who were present. Police recovered a drug log that referenced customer and payment records for 19 kilograms of cocaine that sold for $32,500 per kilo. A search of the vehicles revealed the replacement kilogram along with a number of hotel room key cards and rental car keys. Agents traced the keys to a hotel in St. Louis and ultimately discovered a black suitcase containing $508,330 in U.S. Currency; two more kilograms of cocaine; and a small black stolen .38 caliber revolver. In the parking garage of the hotel, agents found the rental cars driven by the defendants, which contained $339,380 and $319,920 in cash hidden in the spare tires.
Monroe is the first of eight defendants in this case to be sentenced. The seven co-defendants in this case, Astin Allison, Nahum Shibeshi, Terrance Miles, Victor Johnson, Jamie Green, Rodney Smith and Dan E. Bell, have all pleaded guilty and are awaiting sentencing.
Evidence in support of this prosecution was obtained in an investigation conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. The investigation was conducted by agents from the Drug Enforcement Administration. The case is being prosecuted by Assistant United States Attorney Steven D. Weinhoeft.
Henryville Man Sentenced for Steroids TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on June 8, 2017, United States District Court Judge Richard P. Conaboy sentenced Robert Cartalemi, age 32, of Henryville, Pennsylvania to two years’ probation for possession with intent to distribute anabolic steroids, a felony offense. Cartalemi pleaded guilty to a criminal information on March 2, 2017.
According to United States Attorney Bruce D. Brandler, investigators intercepted a package on October 15, 2014, addressed to Cartalemi from China containing multiple controlled substances, which he had ordered from a known steroid supplier. Investigators then delivered the package, which Cartalemi accepted, and executed a search warrant. Noting Cartalemi’s lack of any previous criminal history, his acceptance of responsibility for his conduct, and a finding that he does not pose a danger to the community, Judge Conaboy imposed a sentence of probation in lieu of imprisonment. As part of the sentence, the first three months will be served as home confinement. Cartalemi was also ordered to pay a fine of $2,000.
The case was investigated by the Pennsylvania State Police and United States Postal Service Office of the Inspector General, and prosecuted by Assistant United States Attorney Sean A. Camoni.
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Grand Jury Charges Evans Landscaping Officials with Defrauding City, State 'Small Business' & 'Minority Business' ProgramsRead the Press Release
CINCINNATI – A federal grand jury has charged Evans Landscaping, Inc.; the owner of Evans Landscaping, Inc., Doug Evans, 55, of Cincinnati; and the vice president of operations for Evans Landscaping, Jim Bailey, 49, of Cincinnati, with charges related to allegedly defrauding the City of Cincinnati and other public entities through fraudulent small business and minority business contracts.
Specifically, the company and both men are charged with two counts of conspiracy to commit wire fraud and three counts of wire fraud. The two men are also charged with one count of misprision of a felony.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Field Office, and Ohio Attorney General Mike DeWine announced the indictment returned May 18 and unsealed today.
Evans Landscaping is an Ohio company headquartered in Cincinnati that performs demolition, site-work, grading, hauling, recycling and landscaping services. Given the size and ownership of the company, Evans Landscaping does not qualify as a small business enterprise (SBE), a minority business enterprise (MBE) or as economically disadvantaged under local and state government programs.
In order to qualify for the City of Cincinnati’s SBE program, a company must be independently controlled, operated and managed by a qualifying individual whose net worth does not exceed certain limits. The program also requires that the company be directly responsible for providing the supplies or services to the City without relying upon others who are not owners or employees of the company.
Similarly, the State of Ohio has established an Encouraging Diversity, Growth, and Equity program (EDGE) for economically disadvantaged businesses that are at least 51% owned and controlled by an economically disadvantaged person. The size of the business must not exceed the definition of a “small business.” The State also has a program for certifying minority business enterprises (MBE) that requires the owner to have actual control of the day-to-day operations of the company.
In 2008, the defendants (along with others) allegedly established, controlled and operated a demolition company, Ergon Site Construction, LLC, for the benefit of Evans Landscaping. Ergon’s president and owner, Korey Jordan, is an African-American male who had no prior experience in the field but provided IT services for Evans Landscaping. It is alleged that Ergon (with the help of the coconspirators) fraudulently obtained certifications as an SBE, MBE and EDGE contractor while concealing Evans Landscaping’s involvement in and control over Ergon.
The indictment alleges that Evans and Evans Landscaping provided at least $85,000 in startup and early operational funds to Ergon and that Jordan did not make any capital contributions to the establishment of the company.
Evans Landscaping personnel allegedly prepared and filed the legal documentation to register Ergon as an LLC in April 2010, created the company’s name and logo, ordered Ergon apparel, and bought equipment labels with Ergon’s logo.
Jordan allegedly performed little work for Ergon and had little, if any, actual control over Ergon’s management, finances and operations. He was not permitted to make certain decisions or take certain actions without Doug Evans’ approval.
According to the indictment, Evans paid Jordan a monthly salary through the Ergon payroll and Evans Landscaping employees handled virtually all of the accounting and office management functions of Ergon. For example, it is alleged that:
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Ergon’s bookkeeping was kept on Evans Landscaping’s internal accounting database;
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Evans Landscaping personnel had Jordan sign blank Ergon checks for the employees to use;
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Evans Landscaping was a guarantor for Ergon’s line of credit and arranged for the purchase of two Mack Trucks in Ergon’s name;
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At various times, Ergon’s business office and address was located on property owned by Evans or one of his companies;
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Evans, Bailey and others controlled hiring and firing by Ergon, and at one point, Evans terminated the Ergon health care plan;
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Evans Landscaping housed, maintained and dispatched the vehicles and equipment in Ergon’s name, which was used by both companies; and
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Bailey and other Evans Landscaping officers and employees directed virtually all field and construction operations of Ergon, including on-site supervision and the managing of Ergon field workers.
From 2011 through 2014, Ergon bid on and received more than 100 residential demolition contracts, totaling approximately $1.9 million, with the City of Cincinnati by leveraging Ergon’s fraudulent SBE status.
In a similar fashion, during the same timeframe, Evans Landscaping bid on State demolition and construction projects – particularly public school, university and municipal projects – by claiming Ergon would provide a percentage of the services and receive part of the funds to be paid.
On at least one occasion, Evans Landscaping allegedly listed a different subcontractor, won the contract, and performed the work without using, paying or even notifying the EDGE subcontractor named.
In conjunction with this indictment, the government has filed Bills of Information and Plea Agreements for four former employees at Evans Landscaping and Ergon – namely, Korey Jordan (president of Ergon), Maurice Patterson (former CFO of Evans Landscaping), John Dietrich (former CFO of Evans Landscaping) and Michael Moeller (former manager at Evans Landscaping).
U.S. Attorney Glassman commended the investigation of this case by the FBI’s Southern Ohio Public Corruption Task Force, which includes special agents from the FBI and the Ohio Bureau of Criminal Investigation, as well as Assistant United States Attorney Timothy S. Mangan and Deputy Criminal Chief Emily N. Glatfelter, who are prosecuting the case.
An indictment merely contains allegations, and the defendants are presumed innocent unless proven guilty in a court of law.
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Four Men, Including Two Alleged Motorcycle Club Members, Arrested on Drug and Gun ChargesRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that four New Hampshire residents, including two alleged motorcycle club members, have been arrested and charged with drug trafficking crimes. One of the four men also has been charged with unlawful possession of a firearm by a convicted felon.
According to allegations contained in the federal criminal complaints that were unsealed today:
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Alleged Hells Angel Motorcycle Club member James Cunningham, 60, of Laconia, New Hampshire, is charged with distributing and possessing with intent to distribute methamphetamine.
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Alleged Milford & Company Motorcycle Club President Harry Bolton, 63, of Weare, New Hampshire, is charged with distributing and possessing with intent to distribute cocaine.
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Kenneth Bailey, 52, of Weare, New Hampshire, is charged with distributing and possessing with intent to distribute cocaine and methamphetamine.
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Timothy Raxter, 52, of Tilton, New Hampshire, is charged with possessing with intent to distribute methamphetamine and being a felon in possession of a firearm.
Each drug charge is punishable by up to 20 years in federal prison and a fine of up to $1 million. The maximum penalty for the firearms charge against Raxter is up to ten years in prison and a fine of up to $250,000.
“Federal, state, and local law enforcement officers are united in our work to combat drug trafficking and violence,” said Acting U.S. Attorney Farley. “Even as our state attempts to address the opioid crisis, we remain vigilant in our efforts to protect the public from the distribution of other dangerous drugs, such as cocaine and methamphetamine. I commend our law enforcement partners for their work in this investigation.”
"The Hells Angels are one of the most notorious biker gangs in the United States and often use violence and intimidation to protect their 'turf' in support of their criminal activities,” said Harold H. Shaw, Special Agent in Charge of the FBI Boston Division. “As alleged, this investigation revealed that a Hells Angel member engaged in the distribution of drugs in New Hampshire. In an effort to create safer neighborhoods for everyone, the FBI New Hampshire’s Safe Streets Task Force is fully committed to the identification and pursuit of illicit gang activities within the state, to crack down on illegal drug distribution networks, and deter associated violence.”
A federal criminal complaint is only an allegation, and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt.
This ongoing investigation is being conducted by the FBI New Hampshire Safe Streets Gang Task Force which is comprised of the FBI, the New Hampshire State Police, New Hampshire Probation and Parole, and the Police Departments of Hudson, Manchester, and Nashua. Assistance was provided by the Laconia and Tilton police departments. The case is being prosecuted by Assistant U.S. Attorney Shane B. Kelbley.
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Former Windsor Resident Charged with Federal Tax OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut and Joel P. Garland, Special Agent in Charge of IRS Criminal Investigation in New England, today announced that CRAIG FRANCIS, also known as Horus Durjaya Bey, 44, formerly of Windsor, has been charged by indictment with one count of filing a false tax return and one count of obstructing the administration of federal tax laws.
The indictment was returned by a grand jury in New Haven on February 11, 2015. FRANCIS, who is alleged to have absconded, was arrested on June 7, 2017, in Kissimmee, Florida. The indictment was unsealed on that date. After his arrest, FRANCIS appeared before U.S. Magistrate Judge Karla R. Spaulding in Orlando and was ordered detained pending his removal to the District of Connecticut.
According to the indictment, in February 2009, FRANCIS filed a federal income tax return falsely claiming that he was entitled to a $255,904 tax refund, and the Internal Revenue Service issued the refund before discovering the falsity of the tax return. The indictment also alleges that FRANCIS promptly spent the fraudulently obtained funds and engaged in various acts to avoid paying the funds back, including filing a false amended tax return, and submitting a series of false bonds to the IRS, which had no value but purported to pay off FRANCIS’s debt to the IRS.
If convicted of the charges, FRANCIS faces a maximum term of imprisonment of six years.
U.S. Attorney Daly stressed that an indictment is only a charge and is not evidence of guilt. Charges are only allegations and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Internal Revenue Service – Criminal Investigation Division. The case is being prosecuted by Assistant U.S. Attorney Henry Kopel with the assistance of the U.S. Attorney’s Office for the Middle District of Florida.
Former State Treasurer Barbara H. Hafer Pleads Guilty to Making False Statements to Federal Law Enforcement AgentsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Barbara H. Hafer, the former Treasurer of Pennsylvania, entered a guilty plea before U.S. District Court Judge John E. Jones, III, to making false statements to federal law enforcement agents in connection with a long-term FBI-IRS investigation of alleged pay-to-play activities involving Pennsylvania State government. Judge Jones accepted Hafer’s guilty plea and did not set a date for sentencing. Hafer was indicted on July 20, 2016, and was scheduled to stand trial on June 12, 2017.
According to United States Attorney Bruce D. Brandler, Hafer was interviewed by federal law enforcement agents in May 2016, regarding her relationship with Richard W. Ireland, an individual that had financial relationships with businesses that provided asset management services to the Pennsylvania Treasury Department while Hafer served as Treasurer. After leaving office, Hafer operated a consulting firm known as Hafer and Associates, LLC, that entered into a contract with a business associated with Ireland. During Hafer’s interview, she denied receiving any money from Ireland or any businesses he was associated with and denied receiving any help from Ireland or any businesses he was associated with in connection with her operation of Hafer and Associates. Hafer admitted today that she lied to the federal agents during that interview because Ireland helped Hafer’s consulting business by causing $675,000 to be paid to Hafer and Associates between 2005 and 2007, an amount that was a substantial portion of Hafer and Associates’ revenue during that time period.
“Our system of justice depends on federal law enforcement agents receiving complete and accurate information from individuals who are being interviewed as part of a criminal investigation, particularly a high-profile public corruption investigation. Lying to federal agents is a serious crime and the United States Attorney’s Office treats these offenses accordingly. Today’s guilty plea will hopefully deter others from engaging in similar misconduct in the future,” stated United States Attorney Brandler. Brandler also congratulated the FBI and IRS agents who participated in this investigation and thanked them for their outstanding work.
“When public officials commit crimes, whether as part of their official duties or in their private lives, they are violating the public trust. Today’s guilty plea helps ensure that all Americans, including public officials, are held to the same standard.” said Greg Floyd, Acting Special Agent in Charge of IRS-Criminal Investigation, Philadelphia Field Office.
"Willfully lying to federal agents, besides being a federal offense, threatens the integrity of the justice system," said Michael Harpster, Special Agent in Charge of the FBI's Philadelphia Division. "The FBI can't properly pursue our investigative mandate – in this case, fighting public corruption – if the people we interview feel they can deceive us with impunity."
The case was investigated by the Federal Bureau of Investigation and the Criminal Investigation Division of the Internal Revenue Service and is assigned to Senior Litigation Counsel Michael A. Consiglio and Assistant United States Attorneys William S. Houser, Phillip J. Caraballo and Carlo D. Marchioli.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is five years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Social Security Administration Employee Pleads Guilty to Accepting a BribeRead the Press Release
BOSTON - A former Social Security Administration (SSA) employee pleaded guilty today in federal court in Worcester to bribery.
Julio Klapper, 40, of Worcester, pleaded guilty to one count of bribery for accepting a payment in return for submitting a fraudulent claim for payment to the SSA on behalf of a beneficiary. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Sept. 22, 2017.
Between Aug. 30, 2016, and Sept. 27, 2016, Klapper used his position with SSA to submit a request for release of Supplemental Security Income Disabled Child (SSIDC) funds by falsely claiming that the person representing the child was purchasing a car for the benefit of the SSIDC beneficiary, even though Klapper knew that the child’s representative was not intending to purchase a car with the SSIDC funds. Klapper provided false documentation to the SSA in support of the submitted claim. In exchange for Klapper’s submission of the false claim and documentation, Klapper received $2,000 from the child’s representative.
“When a federal employee exploits his or her responsibility and authority for personal gain, they violate public trust and harm the Federal workforce and those they serve,” said Adam D. Schneider, Acting Special Agent-in-Charge of the SSA Office of the Inspector, General Boston Field Division. “The OIG is committed to pursuing cases of suspected employee fraud and abuse, and I thank the U.S. Attorney’s Office for its efforts to prosecute those who violate the public’s trust.”
“The law requires civil servants to work with honesty and integrity, and the public expects no less,” said Acting United States Attorney William D. Weinreb. “We will continue to collaborate with our law enforcement partners to hold officials accountable when they abuse their positions of trust.”
“Public corruption investigations, and the charges they produce, send a clear message that law enforcement takes the abuse of authority very seriously,” said Special Agent in Charge Matthew Etre of HSI Boston. “HSI is proud to work with the Social Security Administration’s Office of the Inspector and looks forward to working cooperatively to aggressively pursue those who attempt to game the system in their favor.”
The charging statute provides for a sentence of no greater than 15 years in prison, three years of supervised release and a fine of $250,000 or three times the monetary equivalent of the bribe received, whichever is greater. In addition, the defendant may be disqualified from holding any office of honor, trust, or profit under the United States. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Weinreb, SSA OIG SAC Schneider, and HSI SAC Etre, made the announcement today. Assistant U.S. Attorney Michelle L. Dineen Jerrett of Weinreb’s Worcester Branch Office is prosecuting the case.
Former Officer at Providence Police Department, Located in Webster County, Kentucky, Indicted for Civil Rights Violations and Falsifying A DocumentRead the Press Release
BOWLING GREEN, Ky. – A former officer with the Providence Police Department, located in Webster County, Kentucky, was charged by federal grand jury indictment this week, with two counts of willfully depriving an arrestee of his constitutional rights under color of law, and one count of falsifying a document, announced the Justice Department and John E. Kuhn, Jr., United States Attorney for the Western District of Kentucky.
William Dukes, Jr., 42 of Greenville, Kentucky, was arrested today and currently is in federal custody.
Count one of the indictment alleges that defendant Dukes while acting under color of law as an officer with the Providence Police Department, arrested a Kentucky resident (J.L.), on May 26, 2016, without probable cause to believe that J.L. had committed a crime, and that this offense involved the use of a dangerous weapon and resulted in bodily injury to J.L. The arrest willfully deprived J.L. of the right, secured and protected by the Constitution and laws of the United States, to be free from unreasonable seizures.
Count Two of the indictment alleges that on May 26, 2016, defendant Dukes, while acting under color of law as an officer with the Providence Police Department, willfully deprived J.L. of the rights secured and protected by the Constitution and laws of the United States, to engage in free speech and to petition the government for redress of grievances. Specifically, after J.L. attempted to exercise his right to complain about the actions taken against him by Dukes, a police officer, defendant Dukes took adverse action by arresting J.L. at his home, without legal justification, in order to deter J.L. from continuing to exercise that right. This offense involved the use of a dangerous weapon and resulted in bodily injury to J.L.
Count Three of the indictment alleges that on May 26, 2016, Dukes, acting in relation to and in contemplation of a matter within the jurisdiction of the FBI, knowingly covered up, falsified, and made a false entry in, a record and document with the intent to impede, obstruct, and influence the investigation and proper administration of that matter.
If convicted, Dukes faces a maximum statutory punishment of 10 years of imprisonment on Counts One and Two, and 20 years of imprisonment on Count Three.
This case is being investigated by the Louisville Field Office of the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Seth Hancock of the U.S. Attorney’s Office for the Western District of Kentucky, and Roy Conn III, Trial Attorney of the Criminal Section of the Civil Rights Division.
An indictment is merely an accusation, and Dukes is presumed innocent unless proven guilty.
dukes indictment_6-8-17.pdf
Former Government Contractor Sentenced for Kickbacks ConspiracyRead the Press Release
ALEXANDRIA, Va. – A former government contractor was sentenced today to four years in prison for his role in a government contract kickback scheme that caused a loss of more than $3.4 million to the U.S. Department of State.
According to court documents, Wesley Aaron Struble, 49, a U.S. citizen of Batangas, Philippines, engaged in a conspiracy to violate the Anti-Kickback Act in 2011 and 2012 while employed in Iraq as a government contractor. Initially employed by a business identified in court documents as Company B, Struble learned that another business, identified in court documents as Company A, was seeking a lease of real property for use related to a U.S. Department of State contract. Struble knew that Company B was paying approximately $124,000 per month to a third business, identified in court documents as Company C, for a lease of real property. According to court documents, Struble became a manager for Company A, and together with another manager for Company A, engaged in a conspiracy with associates of Company C to make the lease of property available to Company A at an inflated rate of $665,000 per month.
Court documents explained that Struble and the other manager of Company A influenced Company A to lease the property at the inflated rate and in return received at least $390,000 in cash kickback payments from associates of Company C. Struble then concealed cash in packages sent back to family members in the United States, including hiding cash inside stereo speakers. Struble also directed that cash be deposited in bank accounts in a manner designed to avoid detection. The U.S. Department of State, which ultimately paid the lease of real property between Company A and Company C, suffered a loss of approximately $3.4 million. In addition to Struble’s prison sentence, he was also ordered to pay approximately $3.4 million in restitution.
Two of Struble’s co-conspirators—Jose Rivera and Emil Popescu—were charged by indictment on March 30, for their roles in the conspiracy. According to court documents, Jose Rivera pleaded not guilty and is scheduled for a jury trial on August 7. The United States is seeking Emil Popescu’s extradition from Romania.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Steve A. Linick, the Inspector General for the U.S. Department of State; and Andrew W. Vale, Assistant Director of the FBI’s Washington Field Office, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Special Assistant U.S. Attorney Brian D. Harrison and Assistant U.S. Attorney Kimberly R. Pedersen prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-44 and 1:17-cr-052.
Former FDOT Employee and Her Husband Charged with Theft of More Than $370,000 in Federal Grant FundsRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces the return of an indictment charging Tracy Dean Tronco (51, Lakeland) and Alejo Tronco-Diaz (50, Lakeland) with one count of conspiracy to commit federal program theft, one count of mail fraud, and two counts of federal program theft. If convicted, each faces a maximum penalty of 5 years in federal prison for the conspiracy count, up to 20 years’ imprisonment on the mail fraud count, and up to 10 years in federal prison for each of the program theft counts.
According to the
indictment , Tronco worked as a Transit Coordinator and Passenger Operations Specialist at the Florida Department of Transportation’s (FDOT) District 7 office in Tampa from May 2010 through August 2015. She was responsible for administering transportation projects and funds that were intended to benefit Florida residents and taxpayers. As part of her work, she had a role in awarding federal grant funds that the United States Department of Transportation provided to FDOT. Tronco-Diaz, who married Tronco in 2012, was an FDOT grant applicant who operated an alleged church, Ministerio A Gran Voz De Trompeta Campus, Inc. (Ministerio), in Hillsborough and Polk Counties. Ministerio purported to provide transportation services for underserved populations such as elderly, disabled, and unemployed individuals.Tronco used her position at FDOT to award more than $370,000 in federal funds to Ministerio and another religious ministry that claimed to be partnering with Ministerio to provide transportation services. The grant money was supposed to be used to purchase and renovate a commercial property in Hillsborough County, to provide job and transportation-related services, to purchase three new vehicles, and to reimburse the operation’s vehicle maintenance costs. However, the funds and vehicles were not used for the purposes stated in the grant paperwork, but, instead, were kept by Tronco, her husband, and other co-conspirators. Tronco also failed to disclose to FDOT her personal relationship with Tronco-Diaz, which constituted a conflict of interest that would have prevented her from handling the awards in question.
Tronco resigned from FDOT in lieu of termination on April 27, 2016.
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 Federal Bureau of Investigation and the Florida Department of Transportation Office of Inspector General. It will be prosecuted by Assistant United States Attorney Patrick Scruggs.
Former Berkshire Power Technician Sentenced for Conspiring to Tamper with Air Pollution MonitorsRead the Press Release
BOSTON – The former instrument and control technician at Berkshire Power Plant in Agawam, Mass., was sentenced yesterday for tampering with environmental monitors in violation of the Clean Air Act.
Scott Paterson, 46, of Manchester, Conn., was sentenced by U.S. District Court Judge Mark G. Mastroianni to one year of probation. In March 2015, Patterson pleaded guilty to violating the Clean Air Act and conspiracy. On May 31, 2017, the former operations and maintenance manager, Fred Baker, was sentenced to 30 months of probation for this role in the scheme.
From 2008 to March 2011, Paterson, at the direction of senior managers at the plant, tampered with the plant’s Continuous Emissions Monitoring System (CEMS). The CEMS is an environmental monitoring system, required by federal laws and permits, which continuously samples a power plant’s emissions and measures and records the concentration of regulated pollutants to monitor compliance with pollution emission limits. The purpose of the tampering was to delay repairs and avoid reporting to federal and state regulators that the plant was, at times, releasing certain pollutants, specifically nitrogen oxides, in excess of the plant’s Clean Air Act permit limits.
Initially, the tampering involved lowering monitors by a constant rate – approximately .5 parts per million (ppm) - below the known value. These constant adjustments did not trigger any alarms or warnings and were thus usually maintained in the system through approximately mid-March 2011.
In the summer of 2009 and 2010 the plant underwent an independent annual audit. Prior to the audit, Paterson’s supervisor, Baker, directed Paterson to take out the adjustments in the CEMS monitors and to re-instate them after the audit. Berkshire Power Plant reported the results of the audit to the Massachusetts Department of Environmental Protection and the United States Environmental Protection Agency.By 2010, this .5 ppm adjustment was not sufficient enough to allow the plant to run at full power and comply with the facility’s Clean Air Act permit. Rather than making necessary repairs, Paterson, again at the direction of Baker, lowered the CEMS readings even more to avoid reporting pollution emissions in excess of the hourly limits or hitting warning levels.
In 2015, the Berkshire Power Plant was charged jointly by the U.S. Attorney’s Office and the Massachusetts Attorney General’s Office for tampering with its air pollution monitoring equipment and falsely reporting data to environmental and energy regulators regarding its emissions levels and its availability to produce power.
In March 2017, Berkshire Power Company and Power Plant Management Services, the owners and operators of the plant, respectively, were ordered to pay $7.25 million in fines, penalties and other payments for their role in tampering with air pollution emissions equipment.Acting U.S. Attorney William D. Weinreb; Massachusetts Attorney General Maura Healey; Tyler Amon, Special Agent in Charge of the U.S. Environmental Protection Agency’s Criminal Investigation Division in Boston; and Commissioner Martin Suuberg of the Massachusetts Department of Environmental Protection, made the announcement. Assistance with the investigation was provided by the Massachusetts Environmental Crimes Strike Force (an interagency investigative team dedicated to developing the most significant environmental enforcement cases) and the Massachusetts Environmental Police. Assistant U.S. Attorney Sara Miron Bloom of Weinreb’s Criminal Division prosecuted the federal case with the assistance of Dianne Chabot, USEPA Criminal Enforcement Counsel and the Massachusetts Department of Environmental Protection.
Former Arlington Man Sentenced to Life in Federal Prison for Trafficking MethamphetamineRead the Press Release
FORT WORTH, Texas — Baldemar Solis, aka “Balt,” 45, formerly of Arlington, Texas was sentenced today by U.S. District Judge John McBryde to Life in federal prison, announced U.S. Attorney John Parker of the Northern District of Texas.
Solis was convicted of one count of conspiracy to possess with intent to distribute a controlled substance at trial in February 2017. Solis, who had been a fugitive since 2012, has been in custody since the time of his arrest in September 2016.
“Drug traffickers who think they can just skip town when things get hot, be on notice,” said U.S. Attorney Parker. “We have the resources, determination, and patience to find you and bring you to justice, however long that may take.”
Evidence introduced at trial showed that Solis was a multi-kilogram methamphetamine distributor who routinely supplied members of the Aryan Brotherhood of Texas with methamphetamine. Evidence introduced at trial also showed that in approximately June 2012, as law enforcement officers from various agencies began arresting Solis’s co-conspirators, Solis fled the area and remained in hiding in South Texas until his apprehension in September 2016.
According to documents filed in the case, beginning in January 2011 and continuing until June 2012, Solis, along with others did knowingly and intentionally combine, conspire, confederate, and agree to distribute 50 grams or more of methamphetamine, a Schedule II controlled substance.
The Arlington Police Department, Tarrant County Narcotics Unit, Grand Prairie Police Department, Federal Bureau of Investigation, the Drug Enforcement Administration, and the U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated. Assistant U.S. Attorneys Shawn Smith and Aisha Saleem prosecuted.
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Five Men Sentenced in Record-Breaking Fentanyl BustRead the Press Release
WILMINGTON, Del. – Five men have been sentenced in connection with the February 2016 seizure of over one kilogram of fentanyl, announced David C. Weiss, Acting United States Attorney for the District of Delaware.
According to court documents, these five men were arrested on February 11, 2016, at an industrial park on Albe Drive in Newark, Delaware, with approximately 48,800 bags of what appeared to be heroin. At the time, it was called the largest seizure of pre-packaged heroin in Delaware history. However, subsequent laboratory tests identified the substance as fentanyl, a synthetic opioid that is many times more potent than heroin. The particular stamp, or brand, on these bags was linked to two overdoses in the area.
A bag of heroin is sold on the street in Delaware for approximately $10, making the total retail value of the seizure approximately $488,800.
For their roles in the drug trafficking activity, United States District Court Senior Judge Sue L. Robinson, imposed the following sentences:
Abdul Haye, 29, of Newark, Del. – 109 months
Amyra Haye, 30, of Bear, Del. – 109 months
Daniel Haye, 38, of Bear, Del. – 96 months
Julius Williams, 30, of Newark, Del. – 60 months
Cezar Mills, 41, of Bear, Del. – 24 months
Judge Robinson also sentenced each man to three (3) years of supervised release following his prison sentence.
Acting U.S. Attorney David C. Weiss stated, “Highly addictive and potentially lethal opioids like fentanyl have become a public health crisis. I want to thank our New Castle County HIDTA partners for their aggressive investigation of this case and others like it. My office will continue to work hard to prosecute those who profit from these dangerous drugs."
“These defendants distributed a poison on our streets that destroyed numerous lives and families. For that, the penalties in federal court are severe,” said Gary Tuggle, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) Philadelphia Field Division. “Unfortunately, there were 308 fatal overdose deaths in Delaware in 2016; 120 of which were from fentanyl. The seizure of these bags of fentanyl and the sentencings of these defendants, which came about as a result of the work of all the federal, state, and local law enforcement agencies that participated in this investigation has undoubtedly saved countless lives.”
This case is the product of an investigation conducted as part of the New Castle County HIDTA, which includes members from the following agencies: DEA, Delaware State Police, New Castle County Police Department, Newark Police Department, Department of Homeland Security – Homeland Security Investigations, Delaware Department of Corrections – Probation and Parole, and the Delaware Attorney General’s Office. Assistant United States Attorney Elizabeth L. Van Pelt prosecuted the case on behalf of the United States.
Final Defendant in Ballard County Methamphetamine Distribution Ring, Sentenced to 240 Months in PrisonRead the Press Release
PADUCAH, Ky. – Wickliffe, Kentucky, resident and convicted felon, Christopher Ford, was the last of six co-defendants sentenced in United States District Court this week to 240 months in prison, followed by a five year period of supervised release, by Senior Judge Thomas B. Russell, for his role in the distribution of methamphetamine, a controlled substance, and additional charges of being a felon in possession of firearms, announced United States Attorney John E. Kuhn, Jr.
“The sentencing of Christopher Ford marks the end of a dangerous and large-scale methamphetamine distribution ring operating in the Wickliffe community,” stated U.S. Attorney John Kuhn. “This case is just one example of our local, state and federal law enforcement agencies working together to disrupt the methamphetamine supply in western Kentucky. Drug dealers who sell this poison will face stiff penalties when we bring them to justice."
Ford, 50, conspired with Wickliffe residents Amy Pary, 40; Delana Mott, 35; Keith A. Cooper, 35; Johnny R. Magee, 43; and Vanessa Cooper to distribute 500 grams or more of methamphetamine, between March 1, 2015, and August 26, 2015. All of the sales took place in Ballard County, Kentucky. All were sentenced in United States District Court by Senior Judge Russell. Co-defendant Pary was sentenced to 132 months, Mott was sentenced to 120 months, Cooper was sentenced to 63 months, Magee was sentenced to 48 months and Vanessa Cooper was sentenced to two years of probation.
Ford was convicted in Ballard Circuit Court, on September 5, 2008, in case number 08-CR-00021, of manufacturing methamphetamine, and criminal syndicate/engaging in organized crime. In U.S. District Court, Ford plead guilty to possession of the following firearms: (1) a Smith and Wesson, Model SD40VE, .40 caliber semiautomatic pistol; (2) a Cobra Enterprises, Inc., Model CA380, .380 caliber semiautomatic pistol; (3) a Leinad, Inc., Model MR, .45/410 caliber pistol; (4) a Stag Arms, Model Stag-15, 5.56 millimeter rifle; and (5) a DPMS (Defense Procurement Manufacturing Service), Model A15, .223-5.56 millimeter caliber rifle; and ammunition.
This case was prosecuted by Assistant United States Attorney Seth Hancock, and was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Paducah Police Department, the Ballard County Sheriff’s Department, the Murray Police Department, the
Russell County Police Department and the Kentucky State Police.
Felon Pleads Guilty to Possession of FirearmRead the Press Release
Gulfport, Miss – Jason Michael Hayden, 37, of Picayune, entered a guilty plea before U.S. District Judge Sul Ozerden on June 8, 2017, to possession of a firearm by a convicted felon, announced Acting U. S. Attorney Harold Brittain.
Hayden will be sentenced on September 14, 2017 and faces a maximum penalty of 10 years in prison and a $250,000 fine.
The case was investigated by the Bureau of Alcohol Tobacco Firearms and Explosives with assistance from the Mississippi Bureau of Narcotics and Mississippi Department of Corrections. It is being prosecuted by Assistant United States Attorney Annette Williams.
Federal Authorities Successfully Prosecute Defendant in $190,000.00 Credit Card Fraud ScamRead the Press Release
United States Attorney Steve Butler of the Southern District of Alabama announces that United States District Court Senior Judge William H. Steele sentenced Jonathan Jernigan on June 6, 2017. Jernigan was sentenced to 5 years on probation and ordered to pay the total amount of loss, for wire fraud in violation of 18 USC § 1343. Jernigan, worked as the Children’s Medical Group’s financial manager, illegally used the company credit card for personal expenditures. He also illegally used the company’s bank accounts for personal gain without authorization. Jernigan’s scheme was discovered when Children’s Medical Group attempted to purchase vaccines and their credit card was declined. Children’s Medical Group began investigating their finances and discovered Jernigan’s actions.
An audit identified unauthorized charges on Jernigan’s assigned PNC Bank card. Some of the charges included expenditures of $8794; $7570: and $3340 at Diamonds Men’s Club in Mobile, Alabama. The loss is estimated to be more than $190,000.
The United States Secret Service (USSS) and the Mobile Police Department investigated this case. Assistant United States Attorney Christopher Baugh prosecuted the case for the United States Attorney’s Office for the Southern District of Alabama.
Drug Smuggler SentencedRead the Press Release
LAREDO, Texas - A 53-year-old Mexican national has been ordered to federal prison following his conviction for conspiracy and possession with intent to distribute 11.05 kilograms of cocaine, announced Acting U.S. Attorney Abe Martinez. Secundino Delgado-Arreola, from Nuevo Laredo, Tamaulipas, Mexico, pleaded guilty June 6, 2016.
Today, U.S. District Judge George P. Kazen sentenced Delgado-Arreola to 50 months in federal prison. Not a U.S. citizen, he is expected to face deportation proceeding following his release from prison.
On March 16, 2016, Delgado-Arreola took part in a conspiracy to smuggle 11.05 kilograms of cocaine from Mexico into the United States. He was driving a tractor truck with Mexican plates. Inside the vehicle was a blue bag in a cardboard box which contained 10 bundles totaling 11.05 kilograms of cocaine.
He has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration and Customs Enforcement’s Homeland Security Investigations and Customs and Border Protection conducted the investigation. Assistant U.S. Attorney José Angel Flores Jr. prosecuted the case.
District Man Sentenced to Six Years in Prison for Series of 10 Home Burglaries in Southeast WashingtonRead the Press Release
WASHINGTON – Gererd Hall, 25, of Washington, D.C., was sentenced today to six years in prison for a series of residential burglaries, mostly targeting the Greenway Apartment Complex in Southeast Washington, U.S. Attorney Channing D. Phillips announced.
Hall pled guilty in March 2017, in the Superior Court of the District of Columbia, to 10 counts of second-degree burglary for offenses committed on different dates. The plea, which was contingent upon the Court’s approval, called for an agreed-upon sentence of six years in prison. The Honorable Kimberley S. Knowles accepted the plea today and sentenced Hall accordingly. Following his prison term, Hall will be placed on three years of supervised release.
According to the government’s evidence, between July of 2015 and July of 2016, Hall was responsible for a total of 18 burglaries of apartment units, taking items including cash, numerous televisions, laptops, video game consoles, and jewelry. Most of Hall’s crimes involved entering Washington, D.C. apartments through unlocked windows, then carrying out the items through the front door. He targeted apartment units mostly in the Greenway Apartment Complex, which was in close proximity to his own home.
In his plea, Hall admitted to committing crimes on these 10 dates and at these locations:
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July 15, 2015, about 10 p.m.: 3500 block of A Street SE.
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August 18, 2015, about 11:30 p.m.: 3400 block of A Street SE.
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September 19, 2015, about 5:45 p.m.: 400 block of 37th Place SE.
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October 18, 2015, about 12:45 a.m.: 3500 block of A Street SE.
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November 12, 2015, about 11:30 p.m.: 3400 block of B Street SE.
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January 31, 2016, about 9:15 p.m.: 3500 block of East Capitol Street SE.
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February 28, 2016, about 10 p.m.: 3500 block of East Capitol Street SE.
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April 1, 2016, about 11:15 p.m.: 3800 block of Bay Lane SE.
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April 11, 2016, about 11:55 p.m.: 200 block of 36th Street SE.
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July 18, 2016, about 7:15 p.m.: 3500 block of B Street SE.
Hall was arrested on July 18, 2016.
In announcing the sentence, U.S. Attorney Phillips commended the work of those who investigated the case from Metropolitan Police Department, especially the detectives of the Sixth Police District. He acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorneys Rizwan Qureshi and Kathryn Rakoczy and Paralegal Specialist Richard Cheatham. Finally, he commended the work of Assistant U.S. Attorney Ahmed Baset, who investigated and prosecuted the case.
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District Man Sentenced to Seven Years in Prison for Armed Robbery and Other ChargesRead the Press Release
WASHINGTON – Donathan Taylor, 20, of Washington, D.C., was sentenced today to seven years in prison for two robberies and a home break-in, all committed in broad daylight and in different neighborhoods, announced U.S. Attorney Channing D. Phillips.
Taylor pled guilty in March 2017, in the Superior Court of the District of Columbia, to charges of armed robbery, robbery, and destruction of property. The plea, which was contingent upon the Court’s approval, called for an agreed-upon sentence of seven years in prison. The Honorable Kimberley S. Knowles accepted the plea today and sentenced Taylor accordingly. Following his prison term, Taylor will be placed on five years of supervised release.
In his guilty plea, Taylor admitted involvement in three crimes: damaging a door during a home break-in that took place at about 10:30 a.m. on April 1, 2015, in the 200 block of 17th Street NE; a robbery that took place at about 11:35 a.m. on May 25, 2016, in the 1600 block of G Street SE, and an armed robbery that took place at about 2:45 p.m. on June 24, 2016, in the 600 block of Buchanan Street NW. A co-defendant, Robert Lewis 21, of Washington, D.C., pled guilty in the latter robbery and is awaiting sentencing on July 14, 2017.
In announcing the sentence, U.S. Attorney Phillips commended those who investigated the case from the Metropolitan Police Department (MPD). He also expressed appreciation for the assistance provided by the Latent Fingerprint Unit of the Forensic Science Laboratory of the District of Columbia Department of Forensic Sciences. Finally, he commended the work of Assistant U.S. Attorneys Michael J. Romano and Kamil E. Shields, who prosecuted the case.
District Man Sentenced to 17 1/2-Year Prison Term for Sexual Assault in Court CellblockRead the Press Release
WASHINGTON – Jerome M. Holliway, 37, of Washington, D.C., was sentenced today to 17 ½ years in prison for attacking another defendant last fall while they were in a courthouse cellblock, U.S. Attorney Channing D. Phillips announced.
Holliway pled guilty in March 2017, in the Superior Court of the District of Columbia, to a charge of first-degree sex abuse. The plea, which was contingent upon the Court’s approval, called for an agreed-upon sentence of 17 ½ years in prison. The Honorable José M. Lόpez accepted the plea today and sentenced Holliway accordingly. Following his prison term, Holliway will be placed on supervised release for the rest of his life. He also must register as a sex offender for the rest of his life.
According to the government’s evidence, on Nov. 11, 2016, Holliway and the victim were held in the same cellblock at the Superior Court of the District of Columbia. Both had finished their court hearings and were awaiting transport back to the District of Columbia Jail. At approximately 11:35 a.m., Holliway began attacking the victim -- beating, biting, kicking, and sexually assaulting him, mostly in the toilet area behind a metal divider.
After the attack, Holliway pulled the naked victim up by his chains and stated, “Don’t tell anyone that I did this, tell them a ghost did it or the devil did it or something.”
In a separate matter, Holliway also pled guilty in March to a charge of attempted threats. Judge Lopez sentenced Holliway to 180 days in prison for this offense. The plea agreement called for the sentence imposed in this case to run concurrently with the 17 ½ years for the sexual assault. In this matter, Holliway admitted calling his estranged wife’s telephone and leaving a voicemail on Oct. 5, 2016, in which he threatened to beat her and kill anyone she loved.
In announcing the sentences, U.S. Attorney Phillips commended the work of those who investigated the cases from the U.S. Marshals Service and the Metropolitan Police Department. He also expressed appreciation for the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialist D'Yvonne Key, Victim/Witness Advocate Supervisor Dr. Lorraine Chase, and Victim/Witness Advocate Shawn Slade. Finally, he commended the work of Assistant U.S. Attorney Elana Suttenberg, who investigated and prosecuted the sexual assault, and Assistant U.S. Attorney Jeffrey Poulin, who investigated and prosecuted the threats matter.
Detroit Resident Sentenced to 15 Months in Custody for Threatening to Blow up Murdered Detroit Police Sargent’s FuneralRead the Press Release
A Detroit man was sentenced today to 15 months in prison after having pleaded guilty to false information and hoaxes by threating to blow up the funeral procession of a slain Detroit Police Department Sargent, announced Acting United States Attorney Daniel L. Lemisch.
Lemisch was joined in the announcement by Special Agent in Charge David P. Gelios, Federal Bureau of Investigation, Detroit Division.
Deshawn Maurice Lanton, 21, was sentenced by United States District Judge Sean Cox.
According to court records, Lanton wrote a threatening message to Channel 7’s Facebook live stream of the funeral of Detroit Police Department Sargent Kenneth Steil. Sargent Steil’s was murdered in the line of duty in September 2016. During the funeral procession at St. Joan of Arc Church in St. Clair Shores, Lanton wrote “Maybe I should drop a bomb on tha building to get rid of the rest of y’all” on the Facebook live page as hundreds of officers marched into the church to pay their respects to the fallen officer. Also at the church were Sargent Steil’s widow and two children. Other Facebook live viewers read Lanton’s post and contacted the police.
Lanton has several felony convictions, including crimes of violence and theft.
This case was investigated by the Federal Bureau of Investigation and the Detroit Police Department. The case was prosecuted by Assistant United States Attorneys Kevin M. Mulcahy and Hank Moon.
Deputy Director of USAID Pleads Guilty to Federal Charges in Contract-Steering SchemeRead the Press Release
WASHINGTON – BethAnne Moskov, a deputy director for the U.S. Agency for International Development (USAID), pled guilty today to charges stemming from a contract-steering scheme, announced U.S. Attorney Channing D. Phillips and Jonathan Schofield, Special Agent in Charge for the USAID Office of Inspector General, Office of Investigations.
Moskov, 53, of Silver Spring, Md., pled guilty in the U.S. District Court for the District of Columbia to charges of conspiracy to defraud the United States and making false statements to law enforcement. The plea agreement, which is subject to Court approval, requires the Court to impose a sentence within the range of no prison time to a year and a day in prison. The Honorable Christopher R. Cooper scheduled sentencing for August 28, 2017.
“By engaging in cronyism and contract-steering, this defendant chose to reward a friend with federal money instead of actively seeking the most qualified and cost-effective bidder,” said U.S Attorney Phillips. “The prosecution of this case underscores our determination to protect taxpayer dollars and demand that contracting officials act fairly and within the law.”
“The American taxpayer expects federal employees to execute their duties and obligations conscientiously and in a dispassionate, fair manner that puts public good ahead of private gain,” said Special Agent in Charge Schofield. “Here we see an unfortunate exception; an official who used her position to benefit herself. Though the damage in reputational harm and erosion of public trust is difficult to quantify, the resolute investigation and prosecution of Ms. Moskov is a reminder that legal and ethical standards for federal employees are not haphazard and consequences for such transgressions can be grave.”
According to the plea documents, Moskov worked from July 2012 through August 2016 as the USAID Deputy Director for the Office of Health, Infectious Disease, and Nutrition. Her office was located at USAID headquarters in Washington, D.C. The charges involve her dealings with a person identified in the documents as “Co-Conspirator A,” a close personal friend who worked as a consultant for various projects for USAID, as well as the private sector. Moskov and “Co-Conspirator A” took trips together and was the man of honor at her wedding.
In June 2014, according to the plea documents, Moskov wanted to hire “Co-Conspirator A” for a consultancy contract. She was the approving and selecting official for the contract, and the person to be chosen for the work was to report to her. Moskov provided internal government document templates needed for the consultancy to “Co-Conspirator A.” In an e-mail at the time, Moskov told him that “we need to jump thru a few hoops and will go through the motions but you will (sic) selected in the job – any time you spend putting this together add it as days to your consultancy…thanks peaches.”
In July 2014, “Co-Conspirator A” prepared a Selection Memo and other consultancy documents from the templates for Moskov. The Selection Memo listed “Co-Conspirator A” as the highest ranked candidate. Later that month, Moskov selected him as the “best consultant to fill the project order.” The Selection Memo included language taken verbatim from the version provided by “Co-Conspirator A.” “Co-Conspirator A” was paid a total of $22,480.85 for the consulting project, according to the plea documents.
Additionally, during an investigation, law enforcement learned that Moskov had used her government e-mail account in 2012 to ask “Co-Conspirator A” for a loan to help her in financing a house. “Co-Conspirator A” agreed to loan her the funds. In an e-mail, Moskov thanked “Co-Conspirator A” for the loan and wrote, ““Send me your CV again and let me float it here with the 2 missions as well as some of my contacts around town …there is SOOO much work going on here! I got to get you in the system.” “Co-Conspirator A” wired her $7,100.
In December 2015, Special Agents with the USAID Office of Inspector General interviewed Moskov at USAID headquarters. She falsely stated that she had repaid the entire $7,100 loan from “Co-Conspirator A.” In reality, she had paid nothing back.
In announcing the plea, U.S. Attorney Phillips and Special Agent in Charge Schofield commended the Special Agents who investigated the case from the U.S. Agency for International Development Office of Inspector General. They also acknowledged the efforts of those who handled the case at the U.S. Attorney’s Office, including Paralegal Specialists Kristy Penny and Joshua Fein. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Anthony Saler, who is prosecuting the case.
Defendant Sentenced to 150 Months in Federal Prison on Methamphetamine Distribution ConvictionRead the Press Release
LUBBOCK, Texas — Michael Sebastion Ford, 24 of Lubbock, was sentenced today by Senior U.S. District Judge Sam R. Cummings to 150 months in federal prison on a methamphetamine distribution conviction, announced John Parker, U.S. Attorney for the Northern District of Texas.
Ford pleaded guilty in February 2017 to an indictment charging one count of possession with intent to distribute 50 grams or more of methamphetamine. He has been in custody since December 2016, after the return of that indictment.
Rene Ortiz, 42, also pleaded guilty in February 2017 to the same offense and was sentenced by Judge Cummings to 200 months in federal prison on May 26, 2017.
According to documents filed in the case, on October 25, 2016, officers with the Lubbock County Sheriff’s Office, operating in an undercover capacity, called Ford and reached an agreement for Ford to sell the officers two ounces of methamphetamine for $1,300. The deal was scheduled to take place on October 26, 2016 at a residence located in Lubbock. The undercover officer arrived at the location and spoke with Ford who told the officer that his cousin would be bringing the methamphetamine later on. The undercover officer left the residence and told Ford to notify him when the drugs had arrived. Ford texted the officer a few moments later to tell the officer that the drugs had arrived at the residence. During this time, officers observed a vehicle arrive at the residence and saw Ford approach the front passenger side of the vehicle and talk to the driver. As officers approached the residence, Ford saw them and ducked down next to the vehicle before running into the residence where he was then arrested. Officers approached the vehicle and identified the driver as Ortiz. As Ortiz exited the vehicle, officers observed a bag containing approximately 10 grams of methamphetamine on the driver side floor mat. Officers also found a torn baggie underneath the vehicle that contained approximately 26 grams of methamphetamine and found another 30.4 grams of methamphetamine behind the driver seat. A pistol and ammunition were also found in a shoe box in the back of the vehicle.
The Lubbock County Sheriff’s Office and U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) investigated. Assistant U.S. Attorney Sean Long prosecuted.
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Current and Former Boynton Beach, Florida Police Officers Indicted for Using Excessive Force Against an Arrestee, Filing False Reports and Obstructing JusticeRead the Press Release
A federal grand jury in West Palm Beach, Florida, returned a six-count indictment yesterday charging Boynton Beach Police Officer Michael Brown and former Boynton Beach Police Officers Justin Harris and Ronald Ryan, Jr., with unlawfully assaulting an arrestee, J.B., during a traffic stop on August 20, 2014 and then filing false reports of the incident. Boynton Beach Police Sergeant Phillip Antico was charged with falsifying a report of the incident and obstructing justice during the investigation.
The indictment alleges that while serving as patrol officers and conducting a traffic stop of a vehicle, Brown, Harris and Ryan unlawfully assaulted one of that vehicle’s passengers, J.B. The indictment further alleges that Antico, as the patrolmen’s supervisor, and Harris aided and abetted one another in falsifying a report of the incident and that Antico further intentionally misled a federal agent who conducted an investigation of the incident. The indictment also alleges that Brown, Harris and Ryan made false entries in reports of the incident.
An indictment is merely an accusation, and the defendants are presumed innocent unless proven guilty.
If convicted, Antico, Brown and Ryan each face a maximum punishment of 30 years imprisonment, and Harris faces a maximum punishment of 50 years imprisonment.
This case is being investigated by the West Palm Beach Resident Agency of the Federal Bureau Investigation. It is being prosecuted by Assistant U.S. Attorney Susan Osborne of the Southern District of Florida and Trial Attorney D.W. Tunnage of the Civil Rights Division of the Department of Justice.
Current and Former Boynton Beach Police Officers Indicted for Using Excessive Force Against an Arrestee, Filing False Reports, and Obstructing JusticeRead the Press Release
A federal grand jury in West Palm Beach, Florida, returned a six-count indictment yesterday charging Boynton Beach Police Officer Michael Brown and former Boynton Beach Police Officers Justin Harris and Ronald Ryan, Jr., with unlawfully assaulting an arrestee, J.B., during a traffic stop on August 20, 2014 and then filing false reports of the incident. Boynton Beach Police Sergeant Phillip Antico is charged in the indictment with filing a false report of the incident and obstructing justice during the incident.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, made the announcement.
The indictment alleges that while serving as patrol officers and conducting a traffic stop of a vehicle, Brown, Harris and Ryan unlawfully assaulted one of that vehicle’s passengers, J.B. The indictment further alleges that Antico, as the patrolmen’s supervisor, and Harris aided and abetted one another in falsifying a report of the incident, and that Antico further intentionally misled federal agents who conducted an investigation of the incident. The indictment also alleges that Brown, Harris and Ryan made false entries in reports of the incident.
If convicted, Antico, Brown and Ryan each face a maximum punishment of 30 years in prison, and Harris faces a maximum punishment of 50 years in prison.
An indictment is merely an accusation and the defendants are presumed innocent unless and until proven guilty in a court of law.
- Greenberg commended the investigative assistance of the FBI and Palm Beach Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorney Susan Rhee Osborne of the Southern District of Florida and Trial Attorney D.W. Tunnage of the Civil Rights Division of the Department of Justice.
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.
Convicted Sex Offender Sentenced for Federal EscapeRead the Press Release
ALEXANDRIA, Va. – A convicted sex offender was sentenced today to one year in prison for escaping from federal custody.
Theodore Wells, 59, formerly of Washington, D.C., pleaded guilty to federal escape on Aug. 15, 2016. According to court documents, Wells was convicted in October 2013 of failing to register as a sex offender and was designated to a federal prison in New Jersey. In January 2016 Wells was nearing the completion of his prison sentence and the Bureau of Prisons permitted him to travel unescorted to a residential reentry center in Baltimore, Maryland. Wells, however, never arrived and was subsequently arrested at a public library in Fairfax.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Robert Mathieson, U.S. Marshal for the Eastern District of Virginia, made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton. Assistant U.S. Attorney Alexander P. Berrang prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:16-cr-155.
Cockfighting Pit That Operated for More Than 30 Years Destroyed; Men Who Owned the Property SentencedRead the Press Release
Abingdon, VIRGINIA – The 8,000 square-foot facility known as the Big Blue Sportsman’s Club in McDowell, Kentucky, which had hosted cockfights for more than 30 years, was razed following the guilty pleas of the property’s two owners in March. Those two individuals, Shirley Ray Slone and Vernon Kelly Slone, have been sentenced in Federal Court, Acting United States Attorney Rick A. Mountcastle and Virginia Attorney General Mark Herring announced.
Yesterday in the United States District Court for the Western District of Virginia in Abingdon, Shirley Ray Slone, 73, and Vernon Kelly Slone, 69, both of McDowell, Kentucky, who had forfeited $100,000 as part of their plea agreements, were sentenced to probation for a term of one year. At a previously hearing, each pled guilty to one count of conspiracy to cause others to attend a cockfight. In addition, the pair agreed to pay for the complete destruction of the 8,000 square-foot facility known as the Big Blue Sportsman’s Club. The demolition of pit was completed in early May.
Shirley and Vernon Slone owned the property in McDowell, Kentucky that housed the Big Blue Sportsman’s Club, a 5,000-member club that hosted cockfights for more than 30 years. The facility, a 8,000 square-foot building that featured arena-style seating, multiple fighting pits and a restaurant, was the site of a law enforcement raid in 2014. Federal charges relating to cockfighting, gambling and narcotics arose out of the investigation. According to testimony presented in today’s hearing, the Slones began hosting cockfights at Big Blue in 1977 and quit operating the facility in the early 1990s. They then leased the facility to others for use as a cockfighting pit. The individuals who rented the facility paid the Slones $3 for each person who attended a cockfight.
Seven other individuals were previously convicted and sentenced for their roles in the Big Blue cockfighting conspiracy, as follows:
Defendant Imprisonment:
Russell D. Peaks 24 months
Jonathan Robinson 12 months
Wesley Dean Robinson 6 months
Joshua Stumbo 10 months
Sonya Stumbo 10 months
Walter Stumbo 18 months
Jimmy Crate Willis probation
Assistant United States Attorney Randy Ramseyer and Special Assistant United States Attorney/Virginia Assistant Attorney General Michelle Welch prosecuted these cases on behalf of the United States. The case was investigated by the United States Department of Agriculture – Office of Inspector General, the Virginia Alcohol Beverage Control Bureau of Law Enforcement, and the Spotsylvania County Sheriff’s Office. In addition, the following agencies assisted with arrests, search warrants and other related proceedings: Virginia Animal Fighting Task Force; Virginia State Police Tactical Team; Southwest Virginia Regional Task Force; Botetourt County Commonwealth’s Attorney’s Office; Wise County, Virginia, Sheriff’s Office and Commonwealth’s Attorney’s Office; Virginia State Veterinarian’s Office; United States Homeland Security Investigations; Kentucky State Police; the United States Attorney’s Office for the Eastern District of Kentucky; and the American Society for the Prevention of Cruelty to Animals.
Businessman Appointed to Manage VA Funds Admits to Embezzlement SchemeRead the Press Release
DALLAS — Robert Gausman, 54, of Rockwall, Texas, appeared this morning before U.S. Magistrate Judge Paul D. Stickney and pleaded guilty to one count of misappropriation by fiduciary. U.S. Attorney John Parker of the Northern District of Texas made today’s announcement.
Gausman faces a statutory penalty not to exceed 5 years in federal prison and a $250,000 fine. According to the plea agreement, he could also be ordered to pay restitution. Gausman will remain on bond pending sentencing, which will be set at a later date.
According to documents filed in the case, from September 2014 and continuing to October 2016, Gausman was appointed by the Department of Veterans Affairs (VA), through his company “The WACKO Group LLC,” as the Paid Federal Fiduciary (PFF) for four individuals, each veterans who have been deemed incompetent and are receiving benefits from the VA. As a PFF, the VA appointed Gausman to manage the VA benefits of these beneficiaries because they are unable to manage their own finances. Gausman was only entitled to a 4% commission of the funds and permitted to use the money for preapproved expenditures. Gausman knew his role and what was allowed as a PFF, and yet knowingly and willfully embezzled the funds of these four veterans for his own use. In total, Gausman embezzled $40,668 in funds from these four beneficiaries.
The case was investigated by the Department of Veterans Affairs, Office of Inspector General. Assistant U.S. Attorney Kate Rumsey is in charge of the prosecution.
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Alexandria Man Sentenced for Fraud and Gun-Related CrimesRead the Press Release
ALEXANDRIA, Va. – An Alexandria man who defrauded investors, renters, and a bank, and who attempted to illegally acquire a firearm, was sentenced today to 8 years in prison.
Donald Omar Fazel, a.k.a. Rodney Dickerson, 50, pleaded guilty to a 4-count criminal information on January 25, 2017. According to the statement of facts filed with the plea agreement, Fazel carried out an investment fraud scheme in which he solicited individuals to invest in a purported technology company called Microsystems Technology USA (“MST”). Fazel eventually obtained over $700,000 from his blue-collar working victims for general investment in MST, as well as for specific technology projects that MST was allegedly developing for foreign and domestic government agencies. In truth, MST never had any assets or operations and never actually developed any technology. Fazel expended the investors’ money on a combination of retail debit purchases, cash withdrawals, and payment of “returns” back to investors. Fazel also carried out a rental fraud scheme, in which he rented and then immediately re-listed three different properties using an assumed identity. When prospective renters responded to his listings, Fazel required them to pay a cash deposit up front in order to secure the lease. On the appointed move-in dates, the victims and their families arrived at the properties only to discover that none of them could access the properties or contact Fazel. Fazel further deposited a fraudulent check for $45,000 at SunTrust Bank, which was drawn on a non-existent account. Finally, Fazel attempted to purchase a firearm at a licensed gun shop in Woodbridge. In connection with the attempted purchase, Fazel falsely certified under penalty of perjury on federal and state application forms that he had never been convicted of a felony offense, when in fact he had five prior felony convictions.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office; Colonel W. Steven Flaherty, Superintendent of Virginia State Police; and Chief Humberto I. Cardounel, Jr., Henrico County Police Division, made the announcement after sentencing by U.S. District Judge Gerald Bruce Lee. Assistant U.S. Attorneys Grace L. Hill and Jack Hanly prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-4.
Alexandria Man Sentenced for Drug and Gun CrimesRead the Press Release
ALEXANDRIA, Va. – An Alexandria man was sentenced today to five years in prison for using and carrying a firearm during and in relation to a drug trafficking crime.
Deandre Tyree Harris, 23, pleaded guilty on Dec. 21, 2016. According to court documents, Harris ran from police officers who were attempting to arrest him for an outstanding warrant on June 5, 2016. During the foot pursuit, Harris discarded a backpack containing a loaded firearm, distribution amounts of marijuana, and a digital scale. Harris admitted that he carried the loaded handgun while conducting drug trafficking activities and that he paid another person to purchase the handgun on his behalf, in violation of federal firearms laws. Harris also admitted to shooting the handgun in two residential neighborhoods in Alexandria on May 15 and May 31, 2016, which resulted in the Alexandria Police Department being called to the scene.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Michael B. Boxler, Special Agent in Charge of the Washington Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, made the announcement after sentencing by U.S. District Judge Liam O’Grady. Assistant U.S. Attorney Carina A. Cuellar prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:16-cr-304.
Albuquerque Man Sentenced to Prison for Failing to Update Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Kevin Scott Gordon, 59, of Albuquerque, N.M., was sentenced today in federal court to 21 months in prison followed by five years of supervised release including a mandatory year in a residential reentry program for violating the Sex Offender Registration and Notification Act (SORNA). Gordon will be required to register as a sex offender when he completes his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Gordon was arrested in March 2016, on a criminal complaint charging him with violating SORNA by failing to update his sex offender registration. According to the complaint, Gordon was convicted in May 1983, of rape, sexual deviate conduct, robbery and confinement, and was sentenced to 22 years in prison. In 1983, Gordon escaped from the Indiana State Reformatory, was apprehended in 1990, and remained in custody in Indiana until his release in May 2006.
According to court documents, Gordon was arrested for violating SORNA in Dec. 2007, in Colorado, and has a pattern of non-compliance with registration requirements. On Feb. 22, 2016, law enforcement officers in N.M., received information that Gordon was residing in Albuquerque and was not registered as a sex offender in New Mexico.
Gordon was subsequently indicted on March 23, 2016, and charged with violating SORNA by failing to update his sex offender registration between May 2015 and March 2016, in Bernalillo County, N.M.
On March 2, 2017, Gordon pled guilty to the indictment. In his plea agreement, Gordon admitted that he was convicted in Dec. 1982, of a criminal offense that required him to register under SORNA. Gordon further admitted that before May 15, 2015, he traveled from Colorado to New Mexico, and that he resided in New Mexico between May 2015 and March 2016, but failed to update his sex offender registration in New Mexico as required.
This case was investigated by the U.S. Marshals Service and the Bernalillo County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Joseph Spindle.
Administrator of Camden Nonprofit Admits Embezzling FundsRead the Press Release
CAMDEN, N.J. – A Cherry Hill, New Jersey, woman today admitted embezzling over $40,000 from a nonprofit that provided mental health services to Camden’s poorest residents, Acting U.S. Attorney William E. Fitzpatrick announced.
Maria Tavera, 53, pleaded guilty before U.S. District Judge Noel L. Hillman in Camden federal court to an information charging her with embezzling from a health care benefit program.
According to documents filed in this case and statements made in court:
Tavera was an administrator of Nueva Vida Behavioral Health Center of New Jersey, a nonprofit that provided mental health services to the Camden community, mostly to Medicaid beneficiaries.
Tavera regularly embezzled money from the Nueva Vida bank account in addition to her salary and used the money for personal expenses. She admitted that she used her Nueva Vida debit card to pay dental expenses, make purchases at a guitar store, withdraw cash, and shop for clothes and hardware. In total, Tavera embezzled over $40,000 from Nueva Vida.
Tavera faces a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for Sept. 15, 2017.
Her husband, Cesar Tavera, the former Executive Director of Nueva Vida, previously pleaded guilty to defrauding Medicaid and embezzling money from Nueva Vida. He awaits sentencing.
Acting U.S. Attorney Fitzpatrick credited agents of the FBI’s South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster in Philadelphia, and special agents from the Department of Health and Human Services, Office of Inspector General, under the direction of Special Agent in Charge Scott J. Lampert, with the investigation. He also thanked the Medicaid Fraud Division of the New Jersey Office of the State Comptroller.
The government is represented by Assistant U.S. Attorney R. David Walk Jr. of the U.S. Attorney’s Office Health Care and Government Fraud Unit in Camden.
The New Jersey U.S. Attorney’s Office reorganized its health care practice in 2010 and created a stand-along Health Care and Government Fraud Unit to handle both criminal and civil investigations and prosecutions of health care fraud offenses. Since that time, the office has recovered more than $1.32 billion in health care and government fraud settlements, judgments, fines, restitution and forfeiture under the False Claims Act, the Food, Drug and Cosmetic Act, and other statutes.
Defense counsel: Gilbert J. Scutti Esq., Somerdale, New Jersey
50 Kilos of a Fentanyl Precursor Chemical Seized in Worcester CountyRead the Press Release
BOSTON – The DEA New England Field Division and the United States Attorney’s Office announced today that 50 kilograms of a fentanyl precursor chemical, with a street value of over $570 million, was seized at a storage facility in Northborough, Mass., on May 25, 2017.
Federal agents, assisted by members of the Worcester, Northborough and Westborough Police Departments, seized 50 kilos of what is believed to be N-Phenethyl-4-piperidinone (NPP), which is commonly used for the illicit manufacture of fentanyl, a powerful synthetic opioid that is 50 to 100 times more potent than morphine.
If converted, 50 kilograms of NPP would theoretically yield up to 19 million fentanyl tablets, with an estimated street value of over $570 million.
It is believed that this represents the DEA’s largest seizure of a fentanyl precursor in the New England Region in recent years. This matter was overseen by the United States Attorney’s Office and conducted by the DEA’s New England Field Division’s Worcester Tactical Diversion Squad with assistance from the U.S. Postal Inspection Service and the Worcester, Northborough and Westborough Police Departments.
No further information regarding the seizure is available at this time.
Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, Boston Field Division made the announcement today. The matter is being handled by Assistant U.S. Attorney Greg A. Friedholm of Weinreb’s Worcester Branch Office.
14 Defendants Plead Guilty to $4.3 Million Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced today that 14 defendants pleaded guilty in federal court this week to their roles in a $4.3 million conspiracy to distribute large quantities of methamphetamine throughout Clay, Ray, Clinton and Buchanan counties.
Sabrena Lynn Morgan, 40, Ryan A. Battagler, 38, and Elgin Eugene Dothage, 41, all of Kearney, Mo.; Jason Daniel Davis, 43, of Liberty, Mo.; Joshua K. Bowers, 33, of Polo, Mo.; and Paula Rae Scott, 48, of Excelsior Springs, Mo., pleaded guilty today before U.S. Magistrate Judge John T. Maughmer to the charges contained in a July 7, 2015, federal indictment.
Jose Luis Ruiz-Salazar, 38, his brother, Gabriel Ruiz-Salazar, 34, and Caleb Dean Hayes, 36, all of Kansas City, Mo.; Brian Michael Bowers, 34, of Richmond, Mo.; and Taylor Lee Syas, 25, of Polo, pleaded guilty on Thursday, June 8, 2017.
Gregory Bullock, 48, of Kansas City, Mo., and Anthony Ray Stevenson, 45, of Excelsior Springs, pleaded guilty on Wednesday, June 7, 2017.
Bryan D. Carroll, 28, of Kansas City, Mo., pleaded guilty on Tuesday, June 6, 2017.
In addition, co-defendants Rodney Earl King, 51, of Excelsior Springs, Franklin Charles Carter, 28, of Grandview, Mo., and Jay Harrison Lee Carder, 31, of Cowgill, Mo., pleaded guilty last week.
They are among 21 defendants who have pleaded guilty; four of those convicted defendants have been sentenced.
In 2010, the Buchanan County Drug Strike Force and the DEA initiated an investigation into a drug-trafficking organization distributing methamphetamine in northwest Missouri and northeast Kansas. Jose and Gabriel Ruiz-Salazar, Joshua Bowers and Bullock admitted that they were the primary sources that supplied co-conspirators with large amounts of methamphetamine during the conspiracy. Co-conspirators then distributed the methamphetamine throughout Jackson, Clay, Ray, Clinton and Buchanan counties in Missouri.
According to court documents, conspirators sold $4,359,600 worth of methamphetamine and heroin from 2010 to 2015. That estimate is based on a conservative street price of $1,200 for an ounce of 50 percent pure methamphetamine and the total conspiracy distribution of at least 100 kilograms of methamphetamine, and a conservative street price of $2,500 per ounce of heroin and an overall conspiracy distribution of approximately three pounds.
On Jan. 13, 2015, law enforcement officers executed a search warrant at a residence regularly frequented by members of the drug-trafficking conspiracies. Approximately one kilo of methamphetamine was recovered along with heroin, firearms, drug paraphernalia, drug sale proceeds and a drug ledger.
Jose and Gabriel Ruiz-Salazar and Bullock each pleaded guilty to conspiracy to distribute methamphetamine. Under the terms of their plea agreements, Jose and Gabriel Ruiz-Salazar each will be sentenced to a term of imprisonment between 10 to 16 years in federal prison without parole. Bullock is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole.
Morgan pleaded guilty to conspiracy to distribute methamphetamine, possessing firearms (including a pink, pump-action shotgun) in furtherance of a drug-trafficking crime and maintaining a drug premises. Morgan admitted that her involvement in the conspiracy resulted in the distribution of more than five kilograms of methamphetamine. Morgan is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole.
Joshua Bowers pleaded guilty to conspiracy to distribute heroin, conspiracy to distribute methamphetamine and possessing firearms in furtherance of a drug-trafficking crime. Bowers admitted that he was responsible for the distribution of more than five kilograms of methamphetamine and more than one kilogram of heroin. Bowers also admitted that he possessed a Springfield .40-caliber semi-automatic handgun, a New England 12-gauge shotgun and various other firearms during the time of the conspiracies. Under the terms of his plea agreement, Joshua Bowers will be sentenced to a term of imprisonment between 15 and 30 years in federal prison without parole.
Syas pleaded guilty to conspiracy to distribute heroin, possessing firearms (including a Springfield Armory .40-caliber semi-automatic handgun and a New England 12-gauge shotgun) in furtherance of a drug-trafficking crime and maintaining a drug premises. Syas admitted that her involvement in the conspiracy resulted in the distribution of more than five kilograms of methamphetamine and more than one kilogram of heroin. Syas is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole.
Four defendants have been sentenced after pleading guilty to their roles in the conspiracy to distribute methamphetamine. Gary Dewayne Brown, 37, of Cowgill, was sentenced to 12 years and seven months in federal prison without parole. Ronald Louis Roberts, 54, of Lathrop, Mo., was sentenced to 10 years and six months in federal prison without parole. Brittney James Brehm, 38, of Bland, Mo., was sentenced to six years and 11 months in federal prison without parole. Darin Gene Berry, 51, of Excelsior Springs, was sentenced to four years and five months in federal prison without parole.
The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Bruce Rhoades, Bradley K. Kavanaugh and Matt Moeder. It was investigated by the Clay County Drug Task Force, the Missouri State Highway Patrol, the Caldwell County, Mo., Sheriff’s Department, the Buchanan County Drug Strike Force and the DEA.
Thursday 8 June 2017
U.S. Army Contracting Officer Pleads Guilty to Accepting Bribes from South Korean Companies that Were Paid for Work Not PerformedRead the Press Release
LOS ANGELES – A U.S. Army Contracting Officer Representative pleaded guilty today to federal bribery charges stemming from his approval of fraudulent invoices issued by South Korean contractors in return for payments totaling at least $170,000.
Marcus D. Flowers, 50, of Enterprise, Alabama, pleaded guilty to one count of conspiracy to commit bribery, a felony offense that carries a statutory maximum sentence of five years in federal prison.
Flowers pleaded guilty before United States District Judge Percy Anderson, who scheduled a sentencing hearing for September 11.
Flowers, who worked as a Contracting Officer for the United States Army, was responsible for approving invoices issued by various South Korean contractors that installed closed circuit televisions at U.S. military installations in the Republic of Korea. According to court documents, Flowers accepted between $170,000 and $543,783 in cash and other items of value in return for approving payments to contractors despite their non-installation of CCTVs, or the installation of cheaper, inferior CCTV models than those required by the contracts.
As part of his plea, Flowers has agreed to forfeit to the government any remaining proceeds of the bribery scheme, which includes cash and real estate purchased in the Philippines.
Flowers flew to the United States from South Korea and surrendered himself to authorities in Los Angeles on Tuesday. He is currently free on his personal recognizance.
The federal case that led to Flowers’ arrest and subsequent plea resulted from a joint investigation conducted by the U.S. Army Criminal Investigation Command, the Federal Bureau of Investigation, and the Defense Criminal Investigative Service, which received assistance from South Korean authorities.
The case is being prosecuted by Assistant United States Attorney Daniel O’Brien of the Public Corruption and Civil Rights Section. Assistant United States Attorney Jonathan Galatzan of the Asset Forfeiture Section is assisting in the case.
Two New York Men Sentenced to Prison for Roles in $1 Million Stolen Identity Refund SchemeRead the Press Release
NEWARK, N.J. – Two men from Bronx, New York, were each sentenced today to 61 months in prison for their roles in a scheme to obtain stolen identity information and use it to file phony tax returns with the IRS, Acting U.S. Attorney William E. Fitzpatrick announced.
Jhan Luis Mejia Marcelino, 27, and Odanys Orlando Rojas, a/k/a “El Fuerte,” 39, previously pleaded guilty before U.S. District Judge John Michael Vazquez to separate informations charging them each with one count of conspiracy to commit theft of government funds, one count of theft of government funds, and one count of aggravated identity theft.
According to documents filed in this case and statements made in court:
Mejia and Rojas admitted that from January 2013 through May 2014, they obtained stolen personal identifying information, including names and Social Security numbers, of victims located in New Jersey, Puerto Rico, and elsewhere. Afterwards, Mejia, Rojas and others used the information to file fraudulent federal tax returns. They also admitted that once they received the refunds, they converted the checks to cash or other proceeds for their own benefit. Overall, the scheme caused losses of over $1 million to the U.S. Treasury.
In addition to the prison terms, Judge Vazquez sentenced each defendant to three years of supervised release and ordered them to pay restitution of $1,109,938.
Acting U.S. Attorney Fitzpatrick credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen; the U.S. Postal Inspection Service, under the direction of Inspector in Charge James V. Buthorn; and the U.S. Secret Service, under the direction of Special Agent in Charge Mark Mckevitt, with the investigation.
The government is represented by Assistant U.S. Attorney Melissa Wangenheim of the Criminal Division in Newark.
Defense counsel:
Marcelino: John Yauch Esq. Rojas: Tim Anderson Esq.Two Men Arrested for Terrorist Activities on Behalf of Hizballah's Islamic Jihad OrganizationRead the Press Release
Ali Kourani, 32, of the Bronx, New York, and Samer el Debek, 37, of Dearborn, Michigan, aka, “Samer Eldebek,” were arrested on Thursday, June 1, on charges related to their alleged activities on behalf of Hizballah, a designated foreign terrorist organization.
Acting Assistant Attorney General for National Security Dana Boente, Acting U.S. Attorney Joon H. Kim for the Southern District of New York, Assistant Director in Charge William F. Sweeney Jr. of the FBI’s New York Office, and Commissioner James P. O’Neill of the NYPD made the announcement.
Acting U.S. Attorney Kim said: “Today, we announce serious terrorism charges against two men who allegedly trained with and supported the Islamic Jihad Organization, a component of the foreign terrorist organization Hizballah. Recruited as Hizballah operatives, Samer El Debek and Ali Kourani allegedly received military-style training, including in the use of weapons like rocket-propelled grenade launchers and machine guns for use in support of the group’s terrorist mission. At the direction of his Hizballah handlers, El Debek allegedly conducted missions in Panama to locate the U.S. and Israeli Embassies and to assess the vulnerabilities of the Panama Canal and ships in the Canal. Kourani allegedly conducted surveillance of potential targets in America, including military and law enforcement facilities in New York City. Thanks to the outstanding work of the FBI and NYPD, the allegedly destructive designs of these two Hizballah operatives have been thwarted, and they will now face justice in a Manhattan federal court.”
Assistant Director in Charge Sweeney Jr. said: “The charges announced today reveal once again that the New York City region remains a focus of many adversaries, demonstrated as alleged in this instance by followers of a sophisticated and determined organization with a long history of coordinating violent activities on behalf of Hizballah. Our announcement today also reveals, however, that the dozens of agencies working together with our FBI JTTFs nationwide are just as determined to disrupt the plans of those working to harm our communities. I’d like to thank the hundreds of investigators who comprise the FBI’s New York JTTF and display constant vigilance on our behalf, and I encourage the public to remain engaged and to immediately report suspicious activity to law enforcement.”
Commissioner O’Neill said: “As part of his work for Hezbollah, Kourani and others allegedly conducted covert surveillance of potential targets, including U.S. military bases and Israeli military personnel here in New York City. Pre-operational surveillance is one of the hallmarks of Hezbollah in planning for future attacks. As alleged, Kourani, on at least two occasions, received sophisticated military training overseas, including the use of a rocket propelled grenade. In addition, El Debek is charged in an unrelated complaint, for allegedly possessing extensive bomb making training received from Hezbollah. Today’s charges of two for their work on behalf of Hezbollah is a tribute to the collaborative work of the agents and detectives of the Joint Terrorism Task Force.”
Kourani was arrested in the Bronx for providing, attempting, and conspiring to provide material support to Hizballah; receiving and conspiring to receive military-type training from Hizballah; a related weapons offense that is alleged to have involved, among other weapons, a rocket-propelled grenade launcher and machine guns; violating and conspiring to violate the International Emergency Economic Powers Act (IEEPA); and naturalization fraud to facilitate an act of international terrorism. Kourani was presented on Friday, June 2, before Magistrate Judge Barbara Moses in Manhattan federal court.
El Debek was arrested in Livonia, Michigan, outside of Detroit, for providing, attempting and conspiring to provide material support to Hizballah; receiving and conspiring to receive military-type training from Hizballah; use of weapons in connection with a crime of violence that is alleged to have involved, among other weapons, explosives, a rocket-propelled grenade launcher, and machine guns; and violating and conspiring to violate IEEPA. El Debek was presented on June 5, before Magistrate Judge Henry Pitman in Manhattan federal court.
As alleged in the criminal Complaints against Kourani and el Debek,[1] both of which were unsealed today in Manhattan federal court:
Background on Hizballah and the Islamic Jihad Organization
Hizballah is a Lebanon-based Shia Islamic organization with political, social, and terrorist components. Hizballah was founded in the 1980s with support from Iran after the 1982 Israeli invasion of Lebanon, and its mission includes establishing a fundamentalist Islamic state in Lebanon. Since Hizballah’s formation, the organization has been responsible for numerous terrorist attacks that have killed hundreds, including U.S. citizens and military personnel. In 1997, the U.S. Department of State designated Hizballah a Foreign Terrorist Organization, pursuant to Section 219 of the Immigration and Nationality Act, and it remains so designated today. In 2001, pursuant to Executive Order 13224, the U.S. Department of State designated Hizballah a Specially Designated Global Terrorist entity. In 2010, State Department officials described Hizballah as the most technically capable terrorist group in the world, and a continued security threat to the U.S.
The Islamic Jihad Organization (“IJO”), which is also known as the External Security Organization and “910,” is a component of Hizballah responsible for the planning and coordination of intelligence, counterintelligence, and terrorist activities on behalf of Hizballah outside of Lebanon. In July 2012, an IJO operative detonated explosives on a bus transporting Israeli tourists in the vicinity of an airport in Burgas, Bulgaria, which killed six people and injured 32 others. Law enforcement authorities have disrupted several other IJO attack-planning operations around the world, including the arrest of an IJO operative surveilling Israeli targets in Cyprus in 2012, the seizure of bomb-making precursor chemicals in Thailand in 2012, including chemicals manufactured by a medical devices company based in Guangzhou, China (“Guangzhou Company-1”), and a similar seizure of chemicals manufactured by Guangzhou Company-1 in Cyprus in May 2015 in connection with the arrest of another IJO operative.
Kourani’s Alleged Support of Hizballah
Kourani, who was born in Lebanon, attended Hizballah-sponsored weapons training in Lebanon in 2000 when he was approximately 16 years old. After lawfully entering the U.S. in 2003, Kourani obtained a Bachelor of Science in biomedical engineering in 2009, and a Masters of Business Administration in 2013.
Kourani and certain of his relatives were present during the summer 2006 conflict between Israel and Hizballah in Lebanon, when a residence belonging to his family was destroyed. Kourani was subsequently recruited to join the IJO by 2008. In August 2008, Kourani submitted an application for naturalization in the U.S. in which he falsely claimed, among other things, that he was not affiliated with a terrorist organization. In April 2009, Kourani became a naturalized citizen and was issued a U.S. passport. Despite claiming in his passport application that he had no travel plans, Kourani traveled to Guangzhou, China – the location of Guangzhou Company-1 – on May 3, 2009. He later claimed to the FBI that the purpose of the trip was to meet with medical device manufacturers and other businessmen.
Kourani was assigned an IJO handler, or mentor, responsible for providing him with taskings, debriefings, and arranging training. Kourani sometimes communicated with his handler using coded email communications, including messages sent by the handler that informed Kourani of the need to return to Lebanon. In order to establish contact with his handler when Kourani returned to Lebanon, Kourani called a telephone number associated with a pager (the “IJO Pager”) and provided a code that he understood was specific to him. After Kourani called the IJO Pager, the handler would contact Kourani to set up an in-person meeting by calling a phone belonging to one of Kourani’s relatives. The IJO also provided Kourani with additional training in tradecraft, weapons, and tactics. In 2011, for example, Kourani attended an IJO military training camp located in the vicinity of Birkat Jabrur, Lebanon, where he was provided with military-tactics and weapons training, including training in the use of a rocket propelled grenade launcher, an AK-47 assault rifle, an MP5 submachine gun, a PKS machine gun (a Russian-made belt-fed weapon), and a Glock pistol.
Based on other taskings from IJO personnel, which were conveyed during periodic in-person meetings when Kourani returned to Lebanon, Kourani conducted operations that included searching for weapons suppliers in the U.S. who could provide firearms to support IJO operations, identifying individuals affiliated with the Israeli Defense Force, gathering information regarding operations and security at airports in the U.S. and elsewhere, and surveilling U.S. military and law enforcement facilities in Manhattan and Brooklyn. Kourani transmitted some of the products of his surveillance and intelligence-gathering efforts back to IJO personnel in Lebanon using digital storage media.
El Debek’s Alleged Support of Hizballah
El Debek, a naturalized U.S. citizen, was first recruited by Hizballah in late 2007 or early 2008, began to receive a salary from Hizballah shortly thereafter, and was paid by Hizballah through approximately 2015. In July 2006, shortly before he was recruited by Hizballah, el Debek expressed by email his support for Hassan Nasrallah, the leader of Hizballah.
El Debek received military training from Hizballah in Lebanon on several occasions, from approximately 2008 through approximately 2014. El Debek received training in basic military tactics, the handling of various weapons, surveillance and counter-surveillance techniques, and the creation and handling of explosives and explosive devices. Based on information el Debek provided to the FBI, FBI bomb technicians have assessed that el Debek received extensive training as a bomb-maker, has a high degree of technical sophistication in the area, and was trained in techniques and methods similar to those used to construct the improvised explosive device used in Hizballah’s 2012 Burgas, Bulgaria, bus bombing, a bombing that el Debek reported was carried out by a relative of his. El Debek received by email in 2010 a list of raw materials that could be sent from Syria or Dubai, including items often used in explosives and improvised explosive devices.
El Debek also conducted missions for Hizballah in Thailand and Panama. In May 2009, el Debek traveled from Lebanon, through Malaysia, to Thailand, where his mission was to clean up explosive precursors in a house in Bangkok that others had left because they were under surveillance. El Debek used his U.S. passport to enter and leave Thailand, consistent with his instructions from Hizballah to use his U.S. passport so he could travel from Malaysia to Thailand without obtaining a visa.
El Debek first traveled to Panama for Hizballah in 2011, where his operational tasks included locating the U.S. and Israeli Embassies, casing security procedures at the Panama Canal and the Israeli Embassy, and locating hardware stores where explosive precursors could be purchased. Shortly before traveling to Panama, el Debek updated his status on Facebook with a post that read, in part, “Do not make peace or share food with those who killed your people.”
In early 2012, el Debek again traveled to Panama for Hizballah, passing through New York and New Jersey, and was asked to identify areas of weakness and construction at the Panama Canal, as well as provide information about how close someone could get to a ship passing through the Canal. Upon his return from Panama, el Debek’s IJO handlers asked him for photographs of the U.S. Embassy there and details about its security procedures.
El Debek has told the FBI that he was detained by Hizballah from December 2015 to April 2016 and falsely accused of spying for the U.S. Between November 2014 and February 2017, el Debek, who received religious training from Hizballah, has conducted more than 250 Facebook searches using search terms such as “martyrs of the holy defense,” “martyrs of Islamic resistance,” “Hizballah martyrs,” and “martyrs of the Islamic resistance in Lebanon.”
* * *
Kourani is charged with providing and attempting to provide material support to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison; conspiracy to provide material support and resources to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison; receiving military-type training from a designated foreign terrorist organization, which carries a sentence of 10 years in prison or a fine; conspiracy to receive military-type training from a designated foreign terrorist organization, which carries a maximum sentence of five years in prison; conspiracy to possess, carry, and use firearms and destructive devices during and in relation to crimes of violence, which carries a maximum sentence of life in prison; making and receiving a contribution of funds, goods, and services to and from Hizballah, in violation of IEEPA, which carries a maximum sentence of 20 years in prison; conspiracy to make and receive a contribution of funds, goods, and services to and from Hizballah, in violation of IEEPA, which carries a maximum sentence of 20 years in prison; and naturalization fraud in connection with an act of international terrorism, which carries a maximum sentence of 25 years in prison.
El Debek is charged with providing and attempting to provide material support to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison; conspiracy to provide material support and resources to a designated foreign terrorist organization, which carries a maximum sentence of 20 years in prison; receiving military-type training from a designated foreign terrorist organization, which carries a sentence of 10 years in prison or a fine; conspiracy to receive military-type training from a designated foreign terrorist organization, which carries a maximum sentence of five years in prison; possessing, carrying, and using firearms and destructive devices during and in relation to crimes of violence, which carries a maximum sentence of life in prison; making and receiving a contribution of funds, goods, and services to and from Hizballah, in violation of IEEPA, which carries a maximum sentence of 20 years in prison; and conspiracy to make and receive a contribution of funds, goods, and services to and from Hizballah, in violation of IEEPA, which carries a maximum sentence of 20 years in prison.
The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.
Mr. Kim praised the outstanding efforts of the FBI’s New York Joint Terrorism Task Force, which principally consists of agents from the FBI and detectives from the NYPD. Mr. Kim also thanked the FBI’s Detroit Office and the Counterterrorism Section of the Department of Justice’s National Security Division.
These prosecutions are handled by the Office’s Terrorism and International Narcotics Unit. Assistant U.S. Attorneys Emil J. Bove III and Amanda L. Houle for the Southern District of New York are in charge of the prosecution of Kourani. Assistant U.S. Attorneys Andrew D. Beaty and Stephen J. Ritchin for the Southern District of New York are in charge of the prosecution of el Debek. Trial Attorneys Lolita Lukose and Alexandra Hughes of the National Security Division’s Counterterrorism Section are assisting the prosecutions.
The charges contained in the Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaints and the description of the Complaints set forth below constitute only allegations, and every fact described should be treated as an allegation.
Two Florencia 13 Gang Members Convicted of Racketeering Acts, Including a Murder, Sentenced to Life Without Parole in Federal PrisonRead the Press Release
LOS ANGELES – Two Huntington Park men who are members of the Florencia 13 street gang and participated in the murder of another gang member have been sentenced to life without parole in federal prison after being convicted at trial of racketeering, narcotics, and weapons offenses.
Jose Dorado, also known as “Yogi,” 35, and Tannous Fazah, aka “Terist,” 27, were sentenced on Monday by United States District Judge Beverly Reid O’Connell.
Judge O’Connell sentenced the two men after presiding over a four-week trial last summer that ended with a jury returning guilty verdicts on multiple charges against the two defendants – including conspiracy to violate the Racketeer Influenced and Corrupt Organizations (RICO) Act, conspiracy to commit violent crimes in aid of racketeering (VICAR), conspiracy to traffic narcotics, possession with intent to distribute methamphetamine and heroin, and felon in possession of firearms and ammunition.
The evidence presented at trial showed that Dorado and Fazah received an order from an incarcerated, senior member of the F13 gang in March 2010 that instructed them to beat and kill a junior member of the gang. Within hours of receiving the order, in an alley in Huntington Park, Dorado, Fazah and other members of the gang circled the victim and proceeded to punch and kick him repeatedly. While the victim lay unconscious, Fazah brandished a handgun and fatally shot the victim in the face.
“[T]here is no crime more serious than murder, and the brutality of this particular homicide – that is, a vicious beating carried out at the center of a circle of gang members, who continued to pound on the victim even after he had lost consciousness, and concluding with Fazah shooting the victim in the face at point blank range – supports a sentence at the statutory maximum,” prosecutors wrote in sentencing memorandums that recommended life sentences for Fazah and Dorado.
The drug trafficking charges against Dorado and Fazah were based on the F13 gang’s street sales of illegal narcotics and smuggling of drugs into the Los Angeles County jail system.
The jury that convicted Dorado and Fazah also returned guilty verdicts against two other F13 members who also were charged in the 2013 federal racketeering indictment. Those other two defendants were sentenced recently to lengthy prison terms. The RICO indictment named 30 members and associates of the F13 gang. With the four convictions last summer, a total of 25 defendants have been convicted in the case (one charged defendant died, and the other four remain fugitives).
The investigation in this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Los Angeles County Sheriff’s Department; the California Department of Corrections and Rehabilitation; the Huntington Park Police Department; and the Los Angeles Police Department.
The case is being prosecuted by Assistant United States Attorneys Terrence P. Mann of the Santa Ana Branch Office, Sheila Nagaraj of the Public Corruption and Civil Rights Section, and Victoria A. Degtyareva of the General Crimes Section.