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Wednesday 24 May 2017
Local Man Sentenced on Federal Fraud ChargesRead the Press Release
St. Louis, MO – Eddie Lee Regans was sentenced to 81 months in prison on multiple fraud charges after using client’s personal information to obtain credit for his personal use, racking up charges of more than $110,000.
According to court documents, between August 2015 and July 2016, using the name Eddie Lee, Regans advertised himself as a contractor by distributing flyers to customers at various home improvement stores and other retail establishments in the St. Louis Metropolitan Area. Regans also established an internet website and Yellow Pages entry in which he claimed to provide home repair and general contractor services through a company called All Rehab & Repair. He also falsely claimed to have been accredited by the Better Business Bureau. In response to complaints by consumers and its own investigation, the Better Business Bureau issued an alert warning consumers from doing business with Regans and his companies. In addition to All Rehab & Repair, Regans used the following names when advertising his business: Reasonable Quality Work; Repair and Rehab; All Rehab Repairs; and, Affordable Quality Works. Regans obtained prospective customers’ identifying information by promising that his company would finance their home repairs, and believing his representations, several customers provided their names, dates of birth, social security numbers, and addresses. As Regans did not operate any company through which he could provide financing, he used the identifying information to open, and attempt to open, credit accounts at the home improvement stores Menards and Lowes. Rather than use the credit accounts for the benefits of the homeowners, Regans utilized the accounts to purchase items for his benefit.
Eddie Regans, 51, St. Louis, pled guilty on January 30, 2017 to two felony counts of fraudulent use of access devices, one felony count of mail fraud, and four felony counts of aggravated identity theft.
This case was investigated by the United States Postal Inspection Service. Assistant United States Attorney Tracy Berry is handling the case for the U.S. Attorney’s Office.
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Lincoln County Man Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Octavio Herrera, 54, of Ruidoso Downs, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison for his conviction on a methamphetamine trafficking charge. Herrera will be on supervised release for four years following his prison sentence
Herrera was one of 34 individuals charged in December 2015, with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. The investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Herrera was arrested in Sept. 2016, on an indictment charging him and co-defendants Rumaldo Varela Enriquez, 46, a Mexican national, and Johnny Flowers, 51, of Hobbs, N.M., with methamphetamine trafficking offenses. The indictment charged Herrera with participation in a methamphetamine trafficking conspiracy, possession of methamphetamine with intent to distribute, and three counts of use of a communication facility in relation to a drug trafficking crime.
On Jan. 11, 2017, Herrera pled guilty to conspiracy and possession of methamphetamine with intent to distribute. In entering the guilty plea, Herrera admitted that between March 4, 2015 and March 12, 2015, he conspired with others to distribute methamphetamine in Hobbs and Lovington, N.M. Herrera also admitted that on March 12, 2015, he possessed 230.1 grams of methamphetamine which he intended to distribute to others.
Enriquez pled guilty on Sept. 9, 2016, and was sentenced on March 21, 2017 to 57 months in prison and will be deported following his prison sentence. Flowers pled guilty on Nov. 9, 2016, and was sentenced yesterday to time served followed by two years of supervised release.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorney Terri J. Abernathy of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the federal cases, and Mescalero Tribal Prosecutor Melissa Chavez is prosecuting the tribal cases.
Leader of Drug Trafficking Organization that Distributed High Grade Marijuana Throughout New Mexico Pleads Guilty to Marijuana Trafficking and Money Laundering ChargesRead the Press Release
ALBUQUERQUE – Enrique S. Cavazos, 31, of Tijeras, N.M., entered a guilty plea today in federal court in Albuquerque, N.M., to marijuana trafficking and money laundering charges under a plea agreement that recommends a sentence within the range of 48 to 120 months of imprisonment. His wife, Lindsey A. Cavazos, 32, also pled guilty today to a money laundering charge under a plea agreement that recommends a sentence of a five-year term of probation. Under the terms of their plea agreements, the couple is required to forfeit the proceeds of their drug trafficking and money laundering activities, including real estate, vehicles, cash, weapons, and jewelry, which are valued at more than $1,883,500.
Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the FBI’s Albuquerque Division, and Special Agent in Charge Ismael Nevarez, Jr., of the Phoenix Field Office of IRS-Criminal Investigation, announced the guilty pleas.
Enrique and Lindsey Cavazos were arrested in Nov. 2015, after a federal grand jury filed a 26-count indictment charging them and six others with marijuana trafficking and money laundering charges. The indictment was the result of a two-year investigation by the FBI and IRS Criminal Investigation into a drug trafficking organization led by Enrique Cavazos that distributed high-grade marijuana throughout New Mexico and across the country. The investigation revealed that the Cavazos drug trafficking organization cultivated and purchased high-grade marijuana in California, distributed the marijuana throughout the country, and laundered its drug proceeds through a number of businesses and bank accounts in New Mexico.
According to the indictment, Enrique and Lindsey Cavazos and six co-conspirators participated in a marijuana trafficking conspiracy that existed from at least Jan. 2008 through Nov. 2015, and operated in the District of New Mexico and elsewhere. The indictment alleged that Enrique Cavazos operated his marijuana trafficking business by directing co-conspirators to purchase large quantities of marijuana in California and distribute the marijuana in New Mexico and other destinations across the country. It also alleged that Lindsey Cavazos was responsible for keeping the books on businesses she and her husband established with proceeds from their marijuana trafficking activities and for the purpose of laundering their drug proceeds. The indictment charged the couple with engaging in a money laundering conspiracy and using bank accounts in the names of several of their businesses, including a restaurant and a car dealership, to launder their drug proceeds.
The indictment was superseded in Aug. 2016, to add money laundering charges against three new defendants: Steven Becerra, 61, the owner of the Becerra Group Tax and Accounting Firm in Albuquerque, who previously was employed by the IRS for 18 years; Deborah Gutierrez, 54, who operated Automated Financial Technologies, which is no longer in business; and Glen F. Lucero, 65, a retired school teacher. superseding indictment also removed Felix Cavazos, Enrique Cavazos’s father who passed away after the original indictment was filed, from the list of defendants.
During today’s proceedings, Enrique Cavazos pled guilty to a drug trafficking conspiracy charge and a money laundering conspiracy charge. In his plea agreement, Cavazos admitted participating in a conspiracy to distribute marijuana between Jan. 2008 and Nov. 2015, and acknowledged that the conspiracy included the cultivation, shipment and sale of marijuana to wholesalers and end-use customers. Enrique Cavazos also admitted conspiring with others from Jan. 2009 through Nov. 2015, to launder the cash proceeds from his marijuana distribution conspiracy, and engaging in numerous financial transactions using his drug proceeds, which were designed to conceal the nature, source and ownership of the illegal proceeds.
Lindsey Cavazos entered a guilty plea to a money laundering conspiracy charge. In her plea agreement, she admitted that from Jan. 2009 through Nov. 2015, she conspired with others to launder the cash proceeds from marijuana distribution. Like her husband, Lindsey Cavazos admitted engaging in numerous financial transactions using drug proceeds, which were designed to conceal the nature, source and ownership of the illegal proceeds.
As part of their plea agreements, the Cavazos are required to forfeit property derived, either directly or indirectly, from proceeds obtained from their drug trafficking and money laundering activities including:
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The Tijeras, N.M., residence of Enrique and Lindsey Cavazos, valued at $468,000;
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Two parcels of real property located on Grand Avenue in Las Vegas, N.M., valued at $227,032;
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A parcel of real property located on 12th Street in Las Vegas, N.M., valued at $42,500;
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A parcel of real property located on Grant Street in Las Vegas, N.M., valued at $50,000;
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A parcel of real estate located at 8th Street and Sperry Street in Las Vegas, N.M., valued at $229,000;
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The funds, totaling approximately $104,513.21, in nine bank accounts in the names of companies owned and controlled by Enrique and Lindsey Cavazos;
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18 vehicles with an aggregate value of $177,500;
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Two Rolex watches valued at $35,600;
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Three pieces of sapphire and diamond jewelry owned by Lindsey Cavazos valued at $1,025.33;
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$473,040 in cash; and
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The fixtures and equipment from Café Bien, a restaurant formerly located on Central Avenue, SW, in Albuquerque, N.M., that was owned and operated by Enrique and Lindsey Cavazos.
Sentencing hearings for Enrique Cavazos, who is in custody, and Lindsey Cavazos, who is out on conditions of release, have yet to be scheduled.
The remaining eight defendants, who have entered not guilty pleas to the superseding indictment, are pending trial, which has yet to be scheduled. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The investigation of this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. It was conducted by the Albuquerque offices of the FBI and IRS Criminal Investigation and the Albuquerque Police Department. Assistant U.S. Attorney Jennifer M. Rozzoni is prosecuting the case and Assistant U.S. Attorney Stephen R. Kotz is handling the forfeiture matters.
Cavazos 2nd Superseding Indictment Enrique Cavazos Plea Agreement Lindsey Cavazos Plea Agreement-
Justice Department Observes Missing Children’s DayRead the Press Release
Deputy Attorney General Rod J. Rosenstein today recognized two law enforcement officers, two state-level task forces, and a private citizen for their efforts to recover missing and abducted children and investigate cases of sexual exploitation of children and child pornography.
The awards, coordinated by the Office of Juvenile Justice and Delinquency Prevention in the Office of Justice Programs, were presented during a formal ceremony at the Robert F. Kennedy Department of Justice Building.
“The people we recognize today remind us of our responsibility to protect all children from harm,” said Deputy Attorney General Rosenstein. “Their actions epitomize the values of courage, selflessness, and determination. The Department of Justice is proud to honor their inspirational achievements, and I am proud to stand with them.”
The ceremony included recognition of a student artist who best conveyed the theme “Bringing Our Missing Children Home.” Audrey Link, a fifth grader at Resurrection Catholic School in Lakeland, Fla., is this year’s national poster contest winner.
In addition to Link’s recognition, Rosenstein presented the following awards:
Attorney General’s Special Commendation: This commendation recognizes the extraordinary efforts of an Internet Crimes Against Children task force or affiliate agency for making significant investigative or program contributions. Recipients: The Alabama and Georgia Internet Crimes Against Children task forces launched a coordinated investigation into individuals suspected of possessing and distributing child pornography. The investigation spanned more than 70 law enforcement agencies across two states and resulted in 54 search warrants, 29 arrests and the seizure of 731 digital devices as evidence.
Missing Children’s Law Enforcement Award: This award recognizes the extraordinary efforts of a law enforcement officer who made a significant investigative or program contribution to the safety of children. Recipient: Special Agent Kathryn Gamble of the U.S. Department of Homeland Security, Homeland Security Investigations, Nogales, Ariz., initiated a global investigation targeting those who use the online chat service Kik to sexually exploit minors. Her efforts led to the execution of nearly 60 search and arrest warrants, identification of 30 child victims, the rescue of 22 child victims from ongoing sexual abuse, and the prosecution of five individuals to date.
Missing Children’s Child Protection Award: This award honors the extraordinary efforts of a law enforcement officer who made a significant investigative or program contribution to protect children from abuse or victimization. Recipient: Forensic Detective Eric Kjorness of the Idaho Internet Crimes Against Children task force, Moscow, Idaho, assisted in the investigation of 15 cases of possession or distribution of child pornography in 2016. Those 15 cases resulted in the examination of 40 electronic devices and the recovery of more than one million child pornography images and videos. Detective Kjorness also provides presentations to public schools, PTA groups, and civic groups to educate children, parents, and educators about child enticement via the Internet and online chat rooms.
Missing Children’s Citizen Award: This award honors the extraordinary effort of private citizens for their unselfish acts to safely recover missing or abducted children. Recipient: Springfield, Mo., bus driver T.J. Davis’s actions led to the recovery of a 13-year-old girl with autism who was reported missing in December 2016. While driving his route, Davis noticed a girl fitting the police description sitting in the lap of a man in a wheelchair. The man approached Davis’s bus, told him the girl needed help and left her with Davis, he then proceeded down the sidewalk. Recognizing him as a regular bus rider, Davis contacted his dispatcher and later described the man to authorities. Police arrested and charged the man with first-degree child kidnapping and enticement of a child.
President Ronald Reagan proclaimed May 25, 1983, the first National Missing Children’s Day in memory of Etan Patz, a six-year-old boy who disappeared from a New York City street corner on May 25, 1979. Missing Children’s Day honors his memory and the memories of children still missing. Although Patz’ killer was convicted this February for the 1979 murder, Etan Patz remains missing and his case active with the National Center for Missing and Exploited Children because his remains were never found.
Additional information is available online about National Missing Children’s Day.
The Office of Justice Programs, headed by Acting Assistant Attorney General Alan R. Hanson, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART). More information about OJP and its components can be found at www.ojp.gov.
Judge Sentenced Duquesne Man to 4 Years in Prison for Possessing Heroin for DistributionRead the Press Release
PITTSBURGH - A resident of Duquesne, Pennsylvania, has been sentenced in federal court to four years of imprisonment and three years of supervised release on his conviction of Possession with the Intent to Distribute Heroin, Acting United States Attorney Soo C. Song announced today.
United States District Judge Nora Barry Fischer imposed the sentence on Carloto Neal, Jr., 22, of Duquesne, Pennsylvania.
According to information presented to the court, the Pennsylvania State Police conducted a traffic stop of a vehicle driven by Neal, and a search of that vehicle revealed 110 grams of heroin, and 3,000 empty stamp bags used in the distribution of heroin.
Prior to imposing sentence, Judge Fischer stated that heroin has become the scourge of our society. She cited Center for Disease Control and Prevention statistics showing that heroin overdose death quadrupled between 2002 and 2012.
Assistant United States Attorney Brendan T. Conway prosecuted this case on behalf of the government.
Acting United States Attorney Song commended the Pennsylvania State Police and the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Neal.
Indictment: Employee Embezzled $200,000 from BankRead the Press Release
WICHITA, KAN. - A Labette County woman was indicted Wednesday on a federal charge of embezzling more than $200,000 from the bank where she worked, U.S. Attorney Tom Beall said.
Debra J. Nading, 59, Oswego, Kan., was charged with one count of embezzlement by a bank employee. The indictment alleged Nading stole approximately $213,173 from Labette Bank while she worked as an assistant cashier.
If convicted, she faces up to 30 years in federal prison and a fine up to $1 million. The FBI investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
OTHER INDICTMENTS
Xavier Jauregui Larios, 33, of Durango, Mexico, is charged with one count of possession with intent to distribute 10.7 kilograms of cocaine. The crime is alleged to have occurred April 10, 2017, in Clark County, Kan.
If convicted, he faces a penalty of not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.
Victor Irigoyen, 20, Garden City, Kan., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred May 4, 2017, in Finney County, Kan.
If convicted, he faces a penalty of not less than five years and not more than 40 years in federal prison and a fine up to $5 million. The Drug Enforcement Administration investigated. Special Assistant U.S. Attorney Kimberly Rodebaugh is prosecuting.
Darren M. Williams, 35, Wichita, Kan., and Ebony D. James, 24, Wichita, Kan., are charged with two counts of unlawful possession of a firearm following a felony conviction and one count of unlawful possession of ammunition following a felony conviction. In addition, Williams is charged with one more count of unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred in April 2017 in in Sedgwick County, Kan.
If convicted, they face up to 10 years in federal prison and a fine up to $250,000 on each count. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the Wichita Police Department and the U.S. Marshals Service investigated. Assistant U.S. Attorney Lanny Welch is prosecuting.
Juan Carlos Reyes-Flores, 36, Los Angeles, Calif., is charged with one count of possession with intent to distribute methamphetamine. The crime is alleged to have occurred April 25, 2017, in Ellis County, Kan.
If convicted, he faces not less than 10 years in federal prison and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney David Lind is prosecuting.
Jorge Carrillo-Hernandez, 35, who has been living in Kansas City, Mo., is charged with unlawfully re-entering the United States after he was convicted of an aggravated felony and deported. He was found in Kansas May 1, 2017.
If convicted, he faces up to 20 years in federal prison and a fine up to $250,000. Immigration and Customs Enforcement investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
Victoria M. Carlile, 30, Liberal, Kan., is charged with counterfeiting $50 and $100 bills. The crime is alleged to have occurred in January 2017 in Seward County, Kan.
If convicted, she faces up to 20 years in federal prison and a fine up to $250,000. The U.S. Secret Service investigated. Assistant U.S. Attorney Alan Metzger is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Houma Man Sentenced to 7 Years in Prison for Possession of Child PornographyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that MICHAEL CHAUVIN, age 31, of Houma, was sentenced today after previously pleading guilty today to a one-count Indictment, charging him with possession of images and videos depicting the sexual exploitation of children under the age of twelve.
U.S. District Judge Kurt D. Engelhardt sentenced CHAUVIN to 84 months imprisonment, followed by 6 years of supervised release. Additionally, CHAUVIN was ordered to register as a sex offender under the Sex Offender Registration and Notification Act. A hearing on restitution is set for June 28, 2017.
According to court documents, law enforcement officials executed a search warrant at CHAUVIN’S residence on August 7, 2015, during which time they seized numerous electronic items, including one laptop computer, one cellular “smart” phone, four external hard drives, and two external “thumb” drives that contained images and videos of child pornography. A forensic examination of the devices revealed that CHAUVIN used the devices to search for, download, and save images and videos of children as young as approximately two years old engaging in sexually explicit conduct. CHAUVIN obtained most, if not all, of the images and videos via a peer-to-peer file sharing program. The forensic examination located approximately 1,354 images and 779 videos of prepubescent children engaging in sexually explicit on CHAUVIN’S electronic devices.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Acting U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg and Special Assistant United States Attorney J. Ryan McLaren were in charge of the prosecution.
Gregg County Men Guilty in Federal Drug ConspiracyRead the Press Release
TYLER, Texas – Two Longview, Texas men have pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Quintus Dewayne Shaw, 30, pleaded guilty to possession with intent to distribute crack cocaine near a playground and felon in possession of a firearm before U.S. Magistrate Judge John D. Love on May 23, 2017.
Jonathan Lavel Wilson, 35, pleaded guilty to possession with intent to distribute crack cocaine near a playground today before Judge Love.
According to information presented in court, on Mar. 6, 2017, Shaw and Wilson participated in the distribution of crack cocaine within 1,000 feet of a Longview playground. On Jan. 12, 2017, during the execution of a search warrant at a Longview residence by the Gregg County C.O.D.E. Unit, Shaw possessed a firearm. Shaw and Wilson were indicted by a federal grand jury on Feb. 17, 2017, and charged with drug trafficking violations.
Under federal statutes, the defendants each face up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation, the Texas Department of Public Safety – Criminal Investigations Division, Gregg County C.O.D.E. Unit and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
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Grandview Man Sentenced to 15 Years for Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Grandview, Mo., man was sentenced in federal court today for illegally possessing a firearm.
Anthony B. Hutton, 29, of Grandview, was sentenced by U.S. District Judge Stephen R. Bough to 15 years in federal prison without parole. Hutton was sentenced as an armed career criminal due to his prior felony convictions.
On Feb. 16, 2017, Hutton pleaded guilty to being a felon in possession of a firearm. Hutton admitted that he was in possession of a loaded Glock .40-caliber pistol.
Kansas City police officers found the pistol in Hutton’s waistband when he was being arrested on Jan. 31, 2016. Officers had been dispatched on a reported theft involving a beige Toyota Corolla. Officers saw the Corolla parked in the street on the curb, occupied by Hutton and another person. Hutton got out of the driver’s side of the vehicle when officers approached. Officers saw the grip of a black handgun tucked halfway in Hutton’s waistband and immediately placed him in handcuffs. A check of the pistol’s serial number revealed it to be stolen and Hutton was placed under arrest for possession of stolen property. Officers searched the vehicle and found nine individually wrapped plastic baggies containing a total of 44 grams of marijuana, six individual baggies of cocaine weighing a total of five grams, four green unknown pills, three yellow unknown pills and .5 grams of cocaine that was sitting on the ground by Hutton.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Hutton has three prior felony convictions for distribution of a controlled substance and a prior felony conviction for unlawful use of a weapon (for attempting to shoot someone). Hutton was on probation at the time of the offense.
This case is being prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Grand Jury Indicts Cincinnati Man with Hate Crimes ChargesRead the Press Release
CINCINNATI – A federal grand jury has charged Samuel Whitt, 41, of Cincinnati, with criminal interference with the right to fair housing and attempted arson.
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 Cincinnati Police Chief Eliot K. Isaac announced the indictment that was returned yesterday and unsealed today.
The indictment alleges that Whitt destroyed a rental home in Price Hill after being evicted from the property. Whitt and another individual had rented the lower unit of the house from an interracial couple.
According to the indictment, over the Thanksgiving holiday, Whitt broke into the rental home and spray-painted the walls with messages including “die nigger,” “nigger,” and “white power,” as well as images of swastikas. Whitt also splattered paint on walls, stairs and appliances; made holes in the walls; broke banisters; tore carpet; poured quick-drying concrete into the bathroom drains and toilet; and stabbed a knife into the floor. Whitt also allegedly removed plumbing traps from the sinks and left the water running, causing extensive water damage to the ceilings and floors. Whitt turned on the gas stove in the upstairs kitchen, poured paint into the burners, and attempted to remove the smoke detector above the stove.
Whitt is charged with one count of violating the Fair Housing Act through force by willfully intimidating the homeowners based on their race, color and familial status. This is a crime punishable by a potential maximum sentence of up to 10 years in prison. Whitt is also charged with attempted arson, which carries a mandatory minimum sentence of five years’ up to a possible 20 years’ imprisonment.
Cincinnati Police officers arrested Whitt on December 9, 2016 on local breaking and entering and vandalism charges. Whitt was arrested this morning by FBI agents and Cincinnati Police officers on the federal charges.
U.S. Attorney Glassman commended the investigation by the FBI and Cincinnati Police, as well as Assistant United States Attorneys Megan Gaffney and Kyle Healey who are prosecuting the case.
An indictment merely contain allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Georgia Man Indicted for Firearms OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jemel X. Williams, age 34, of Macon, Georgia, was indicted for illegal possession of firearms and possession of stolen firearms.
According to United States Attorney Bruce D. Brandler, the indictment alleges that on February 15, 2017, Williams was in possession of firearms (a Glock 19, 9mm, and a Glock 36, .45 caliber) that were shipped and transported in interstate commerce. It is also alleged that Williams was previously convicted of a felony offense prohibiting him from possessing firearms.
The case was investigated by the Pennsylvania State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the illegal firearm possession charge is life in prison, a term of supervised release following imprisonment, and a fine; the possession of stolen firearms charge is punishable by 10 years in prison, 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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Garland Man Sentenced to 13 Years in Federal Prison for Transporting and Possessing Child PornographyRead the Press Release
DALLAS — Mark Isaac Yetter, 34, of Garland, Texas, was sentenced today by Chief U.S. District Judge Barbara M.G. Lynn to serve a total of 13 years in federal prison, following his guilty plea in June 2016 to one count of transporting and shipping of child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.
Yetter has been in custody since his arrest in January 2016.
According to the factual resume filed in the case, Yetter admitted to looking at child pornography for approximately one-and-a-half years. He preferred pornography involving girls between the ages of 12 and 16. Yetter would search the internet using search terms such as “teens” and “young girls,” and would save the images of child pornography to his cellular telephone. Yetter possessed approximately 1,277 images of child pornography and 115 videos of child pornography between his cellular telephone and Dropbox account. Some of the files he collected depict infants and toddlers.
These cases were brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The Federal Bureau of Investigation conducted the investigation. Assistant U.S. Attorney Andrew Wirmani prosecuted the case.
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Four named in 13-count indictment on heroin and cocaine chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Three Martinsburg, West Virginia residents and one Virginia man were indicted by a federal grand jury in March 2017 for cocaine and heroin, Acting United States Attorney Betsy Steinfeld Jividen, announced.
The four are accused of conspiring to distribute heroin and cocaine in Berkeley County, West Virginia from December 2015 to April 2016.
The indictment includes counts of “Conspiracy to Distribute Heroin, Cocaine Hydrochloride, and Cocaine Base,” “Aiding and Abetting the Distribution of Cocaine Base Within 1,000 Feet of a
Protected Location, “Unlawful Use of Communication Facility,” “Maintaining Drug-involved Premises,” “Possession with Intent to Distribute Cocaine Hydrochloride,” and “Possession with Intent to Distribute Cocaine Base.”
Named in the indictment are:
- Keon DeAngelo Parker, 24, Martinsburg, West Virginia
- Christal Yates, 42, Martinsburg, West Virginia
- Anthony “Tony” Duane Boyd, 37, Linden, Virginia
- Ashley Dominique Ruffin, 27, Martinsburg, West Virginia
Assistant U.S. Attorney Lara Omps-Botteicher is prosecuting the case on behalf of the government. The Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, and the Berkeley County Sheriff’s Office are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Four Charged in Scheme to Commit Insider Trading Based on Confidential Government InformationRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), and Elton Malone, Special Agent in Charge, Special Investigations Branch, U.S. Department of Health and Human Services, Office of Inspector General (“HHS-OIG”), announced today the arrests of DAVID BLASZCZAK, a political intelligence consultant, and CHRISTOPHER WORRALL, a government employee at the Centers for Medicare and Medicaid Services (“CMS”). THEODORE HUBER and ROBERT OLAN, two partners and analysts at a healthcare-focused hedge fund in New York, New York (“Investment Adviser-A”), were also arrested.
BLASZCZAK, WORRALL, HUBER, and OLAN were charged with participating in a scheme, from in or about 2012 through in or about 2014, to convert United States property, to defraud the United States, and to commit securities fraud and wire fraud for obtaining material nonpublic information from CMS and using it to execute profitable trades at Investment Adviser-A. In addition, Mr. Kim announced today the unsealing of charges against JORDAN FOGEL, a former partner and analyst at Investment Adviser-A, who pled guilty and is cooperating with the Government.
As part of the scheme, BLASZCZAK is charged with obtaining confidential and nonpublic information from CMS employees, including his friend, CHRISTOPHER WORRALL, who worked at CMS, and who is charged with breaching his duties as a CMS employee by providing confidential information to BLASZCZAK. BLASZCZAK then is alleged to have provided this material nonpublic information in advance of market-moving CMS announcements to employees at Investment Adviser-A, including HUBER, OLAN, and FOGEL, who allegedly recommended trades on the basis of the information. As a result of these trades, Investment Adviser-A reaped more than $3,500,000 in profits.
BLASZCZAK is also charged in a separate scheme for obtaining confidential and nonpublic CMS information about cuts in CMS’s reimbursement rates for home health providers, and for providing that information to Christopher Plaford, a portfolio manager at a different healthcare-focused hedge fund in New York, New York (“Investment Advisor-B”). Plaford then used BLASZCZAK’s information to execute profitable trades. Plaford has previously pled guilty to this conduct and is also cooperating with the Government.
HUBER and OLAN will be presented later today before United States District Magistrate Judge Ronald L. Ellis. BLASZCZAK will be presented later today in the District of South Carolina. WORRALL will be presented later today in the District of Maryland. BLASZCAK, WORRALL, HUBER, OLAN, and FOGEL’s cases are assigned to United States District Judge Denise Cote.
In separate actions, the Securities and Exchange Commission (“SEC”) filed civil charges against BLASZCZAK, WORRALL, HUBER, and FOGEL.
Acting U.S. Attorney Joon H. Kim said: “The five defendants – three with a hedge fund, one political intelligence consultant, and one government CMS employee – allegedly participated in an insider trading scheme to get highly sensitive and confidential information from CMS and feed it to a hedge fund to make illegal profits. David Blaszczak, the consultant, obtained stolen government information from his former CMS colleague and funneled it to his hedge fund clients Theodore Huber, Robert Olan, and Jordan Fogel. Armed with this highly valuable, secret government information, Huber, Olan, and Fogel made trades that allegedly netted the fund over $3.5 million in illegal profits. Just like trading on material nonpublic corporate information can be a federal crime, so can trading based on secret government information, as alleged to have happened here. We remain as committed and vigilant as ever in protecting the integrity of the securities markets and our government institutions.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “Inside information should remain harbored with those who are trusted to protect it until such a time it becomes available to the public. Employees, especially government employees, who have access to this information should honor this code of ethics at all times; not just because it’s the right thing to do, but because it’s the lawful thing to do. Likewise, when individuals outside an organization receive information they know they shouldn’t have, they too have an obligation not to use this to their personal advantage. As alleged, those charged today didn’t abide by these rules, and they are now called upon to stand up and face the charges for what went down.”
HHS-OIG Special Agent in Charge Elton Malone said: “HHS-OIG Special Agent in Charge Elton Malone said: “Profiting based on sensitive, insider information is illegal and taints the image of thousands of hard working federal government employees. We continue to hold federal government employees accountable and to the highest standards of conduct and integrity.”
According to the allegations in the charging documents unsealed today in Manhattan federal court, including the Indictment charging BLASZCZAK, WORRALL, HUBER, and OLAN,[1] and statements made in court proceedings:
CMS
CMS, a component of the United States Department of Health and Human Services (“HHS”), administers Medicare and Medicaid, among other things. CMS is also responsible for setting Medicare reimbursement rates for healthcare providers. CMS spends more than $1 trillion annually and pays approximately one-third of the country’s health expenditures. Accordingly, CMS rulemaking decisions, including decisions that affect how much the federal government will pay to reimburse medical providers for services rendered, have a substantial, market-moving impact on publicly traded companies that depend on government healthcare spending.
WORRALL began working at CMS in or about 1999. Beginning in January 2012, WORRALL worked in the Director’s Office for the Center for Medicare (“CM”), which gave WORRALL broad access to CMS’s confidential deliberations about upcoming reimbursement decisions. WORRALL also served as a project manager for a confidential CMS database that contained CMS’s most up-to-date claims data that CMS used to inform its decision-making. As an employee of the executive branch of the United States Government, WORRALL was prohibited from sharing CMS’s confidential information with people outside CMS, and WORRALL was subject to Section 21A(h) of the Securities Exchange Act (added by the STOCK Act), which provides, in relevant part, that “each executive branch employee . . . owes a duty arising from a relationship of trust and confidence to the United States Government and the citizens of the United States with respect to material, nonpublic information derived from such person’s position.”
David Blaszczak
At all relevant times, BLASZCZAK served as a consultant at a number of Washington, D.C.-based firms that, in exchange for a fee, provided so-called “political intelligence,” which included analysis about how changes in Government reimbursement rates would impact publicly traded healthcare-related companies. Before becoming a political intelligence consultant, BLASZCZAK worked at CMS, eventually serving as a special assistant to the CMS Administrator. BLASZCZAK met WORRALL while the two worked at CMS.
As a former CMS employee, BLASZCZAK was well aware of CMS’s rules governing the dissemination of nonpublic information. BLASZCZAK also received training on the STOCK Act.
Investment Adviser-A
At all relevant times, Investment Adviser-A managed multiple hedge funds specializing in healthcare-related investments. As of 2017, Investment Adviser-A had more than $7 billion in assets under management. HUBER, OLAN, and FOGEL were partners and analysts at Investment Adviser-A, where their job was to analyze investment decisions and recommend potentially profitable trades for Investment Adviser-A. Investment Adviser-A’s compliance manual prohibited its employees from committing insider trading.
The Scheme to Convert and Use Confidential CMS Information
The Scheme
As alleged in the Indictment, from at least in or about 2012 through in or about 2014, BLASZCZAK, WORRALL, HUBER, OLAN, FOGEL, and others participated in a scheme to convert to their own use confidential and material nonpublic information from CMS concerning, among other things, CMS’s internal deliberations regarding coverage and reimbursement decisions.
During this time period, Investment Adviser-A retained BLASZCZAK as a consultant who provided political intelligence related to, among other things, the content, likelihood and timing of CMS reimbursement decisions. As part of the scheme, HUBER, OLAN, and FOGEL encouraged BLASZCZAK to obtain confidential and material nonpublic information from CMS insiders. As HUBER, OLAN, and FOGEL knew, these CMS insiders included BLASZCZAK’s former colleagues with whom he had close personal relationships, who were prohibited from disclosing such information to CMS outsiders.
BLASZCZAK obtained material nonpublic information from his close friend and former CMS colleague WORRALL. Beginning in at least 2012, WORRALL began tipping BLASZCZAK about impending CMS decisions, for at least two reasons. First, BLASZCZAK and WORRALL were friends since their time working together at CMS. BLASZCZAK also frequently offered to help WORRALL find lucrative private sector employment opportunities, in exchange for WORRALL giving BLASZCZAK confidential government information.
BLASZCZAK conveyed the information obtained from WORRAL to HUBER, OLAN, and FOGEL, who – knowing that BLASZCZAK had obtained the information improperly from a CMS insider – used the information to trade. In exchange for being provided with this inside information, HUBER, OLAN, and FOGEL caused Investment Adviser-A to pay BLASZCZAK more than $263,000 in consulting fees.
July 6, 2012 Proposed Radiation Oncology Rule
For example, in or around May 2012, BLASZCZAK improperly obtained confidential and material nonpublic information about CMS’s planned radiation oncology reimbursement cuts from WORRALL. BLASZCZAK then provided that information to HUBER, OLAN, and FOGEL, who used the information to cause Investment Adviser-A to make profitable trades in public companies that would be adversely affected by the cuts. BLASZCZAK continued to provide updates about CMS’s internal radiation oncology deliberations throughout May and June 2012, and Investment Adviser-A continued to trade on the confidential information. When CMS ultimately announced the cuts in a proposed rule, Investment Adviser-A made approximately $1.85 million in trading profits.
After these successful trades, Investment Adviser-A discussed whether to pay BLASZCZAK a bonus. In an email, HUBER wrote, “I think Dave earned his bonus with his work on Rad Onc Q2. We did pretty well on that and it was really 100% Dave[.]” OLAN responded, “I agree.” Investment Adviser-A subsequently paid BLASZCZAK’s firm $47,500, which included a $29,000 discretionary bonus. That was the highest quarterly bonus Investment Adviser-A paid BLASZCZAK’s firm in 2012.
July 1, 2013, Kidney Dialysis Preliminary Rule
In addition, on or about July 1, 2013, after markets closed, CMS announced in a preliminary rule that it planned to cut the reimbursement rate for various kidney dialysis treatments, services, and drugs (known as the “base rate”) by 12%. Before this announcement, in around March 2013, WORRALL gave BLASZCZAK two confidential, internal CMS documents related to CMS’s kidney dialysis rule. One of the documents contained a warning that the slides were “for internal government use only” and that “[u]nauthorized disclosure may result in prosecution to the full extent of the law.”
On or about June 14, 2013, BLASZCZAK and WORRALL attended a baseball game together. Four days later, on or about June 18, 2013, BLASZCZAK forwarded FOGEL his kidney dialysis prediction and explained that he was “much higher than others on a cut.” FOGEL asked, “How high? 4-5%?” BLASZCZAK replied, “12% total but phased in over 3 years 50/25/25.” That prediction mirrored CMS’s internal proposal for the proposed kidney dialysis rule, which was confidential.
On or about June 25, 2013, FOGEL checked in with BLASZCZAK on the proposed kidney dialysis rule. BLASZCZAK reported, “No change in my numbers. I am pretty confident.” Minutes later, Investment Adviser-A entered orders to short the stock of a company that would be hurt by such a significant kidney dialysis reimbursement reduction.
After the reimbursement rate of 12% was announced, Investment Adviser-A made more than $865,000 in trading profits. On or about July 2, 2013, after CMS announced the proposed rule, FOGEL wrote to others at Investment Adviser-A about the kidney dialysis announcement. FOGEL stated, “Credit to d blazcack [sic] on this one. Wish we didnt wuss out but will still make a couple million on it.”
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On May 19, 2017, JORDAN FOGEL, 33, of Sands Point, New York, pled guilty before Magistrate Judge Gabriel W. Gorenstein to six counts: one count of conspiracy to convert United States property, to commit securities fraud, and to defraud the United States; two counts of conversion of property of the United States; two counts of securities fraud; and one count of conspiracy to commit wire fraud. Count One carries a maximum sentence of five years in prison. Counts Two and Three each carry a maximum sentence of 10 years in prison. Counts Four, Five, and Six each carry a maximum sentence of 20 years in prison.
On June 9, 2016, Christopher Plaford, 38, of Bedford, New York, pled guilty before United States District Judge Ronnie Abrams to seven counts: one count of conspiracy to commit securities fraud and wire fraud; one count of securities fraud; one count of conspiracy to defraud the United States and to convert United States property; one count of conversion of United States property; one count of conspiracy to convert United States property, to commit securities fraud, and to defraud the United States; one count of securities fraud; and one count of conspiracy to commit wire fraud. Counts One, Three, and Five each carry a maximum sentence of five years in prison. Counts Two, Six, and Seven each carry a maximum sentence of 20 years in prison. Count Four carries a maximum sentence of 10 years in prison.
A chart identifying the charges and the maximum penalties applicable to BLASZCZAK, WORRALL, HUBER, and OLAN is below.
Count
Charge
Defendants
Maximum Penalty
1
Conspiracy to convert property of the United States, to commit securities fraud and to defraud the United States (18 U.S.C. § 371)
All
5 years in prison
2
Conspiracy to commit wire and securities fraud (18 U.S.C. § 1349)
All
25 years in prison
3
Conversion of property of the United States (18 U.S.C. §§ 641 and 2)
All
10 years in prison
4-8
Securities fraud (15 U.S.C. §§ 78j(b) & 78ff; Title 18 U.S.C. § 2)
All
20 years in prison
9
Wire fraud (18 U.S.C. §§ 1343 & 2)
All
20 years in prison
10
Securities fraud (18 U.S.C. §1348 & 2)
All
25 years in prison
11
Conversion of property of the United States (18 U.S.C. §§ 641 & 2)
David Blaszczak, Christopher Worrall
10 years in prison
12
Wire fraud (18 U.S.C. §§ 1343 & 2)
David Blaszczak, Christopher Worrall
20 years in prison
13
Conversion of property of the United States (18 U.S.C. §§ 641 & 2)
David Blaszczak, Christopher Worrall
10 years in prison
14
Securities fraud (15 U.S.C. §§ 78j(b) & 78ff; Title 18 U.S.C. § 2)
David Blaszczak, Christopher Worrall
20 years in prison
15
Wire Fraud (18 U.S.C. §§ 1343 & 2)
David Blaszczak, Christopher Worrall
20 years in prison
16
Securities fraud (18 U.S.C. §1348 & 2)
David Blaszczak, Christopher Worrall
25 years in prison
17
Conspiracy to defraud the United States and to convert property of the United States (18 U.S.C. § 371)
David Blaszczak
5 years in prison
18
Conversion of property of the United States (18 U.S.C. §§ 641 & 2)
David Blaszczak
10 years in prison
Defendants’ Ages and Residences
Defendant
Residence
Age
Theodore Huber
Westport, Connecticut
55
Robert Olan
Rumson, New Jersey
46
David Blaszczak
Isle of Palms, South Carolina
41
Christopher Worrall
Linthicum Heights, Maryland
39
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 the judge.
Mr. Kim praised the work of the FBI and HHS-OIG, and thanked the SEC for its assistance.
This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Damian Williams, Ian McGinley, and Joshua A. Naftalis are in charge of the prosecution.
The allegations contained in the Indictment 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 Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Former UA Music Professor Charged with Receiving & Possessing Child PornographyRead the Press Release
BIRMINGHAM – Federal prosecutors on Tuesday charged a former University of Alabama music professor with receiving and possessing child pornography, announced Acting U.S. Attorney Robert O. Posey and ICE Homeland Security Investigations Assistant Special Agent in Charge Sherry Douglas.
The U.S. Attorney’s Office filed a two-count information charging NIKOS PAPPAS, 41, of Tuscaloosa, with receiving child pornography on a computer at his residence between January 2014 and September 2016. The information also charges Pappas with possessing child pornography on a second computer, which was found in his university office, between January and September of 2016. Pappas is scheduled for arraignment June 15.
In conjunction with the charges, prosecutors also filed a plea agreement with Pappas. That agreement details Pappas’ receipt and possession of child pornography using the internet and computers.
According to the agreement, the laptop computer taken from Pappas’ home contained more than 100 videos of child pornography, some depicting sex acts with very young children, and Pappas’ second computer contained more than 150 images and at least 25 videos of child pornography.
The penalty for receiving child pornography is five to 20 years in prison and a $250,000 fine. The maximum penalty for possessing child pornography is 20 years in prison and a $250,000 fine.
Immigration and Customs Enforcement’s Homeland Security Investigations investigated the case, which Assistant U.S. Attorney John B. Ward is prosecuting.
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Former President and CEO of New York City Nonprofit Organization Charged with Fraud and Embezzlement OffensesRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Mark G. Peters, Commissioner of the New York City Department of Investigation (“DOI”), announced today the arrest of DEREK BROOMES, the former president and chief executive officer of a nonprofit housing organization based in Harlem, New York (the “Housing Nonprofit”). BROOMES is charged with fraud, embezzlement, and misappropriating more than $800,000 from a federally funded program intended to provide housing to low-income individuals living with HIV and AIDS. BROOMES was arrested this morning in the Bronx, New York, and is scheduled to appear before U.S. Magistrate Judge Ronald L. Ellis in Manhattan federal court later today.
Acting U.S. Attorney Joon H. Kim said: “As alleged, Derek Broomes, the former president and CEO of a non-profit organization, abused his position to divert more than $800,000 in public funds designed to assist low-income citizens living with HIV/AIDS. By his scheme to enrich himself at the expense of the non-profit, Broomes allegedly jeopardized housing for dozens of vulnerable tenants. I thank our partner at the Department of Investigation for their work in rooting out fraud and corruption in New York City.”
Commissioner Mark G. Peters said: “This defendant saw more value in purchasing luxury items than in putting a roof over the heads of his clients, according to the charges. He not only defrauded the organization and the City out of hundreds of thousands of dollars, but callously stole precious resources allocated to pay the rent of some of the City’s neediest New Yorkers. DOI thanks the Office of the United States Attorney for the Southern District of New York for their partnership on this case.”
According to the allegations contained in the Complaint[1] unsealed today in Manhattan federal court and publicly-available documents:
The Housing Nonprofit is a faith-based, nonprofit organization located in New York, New York, that develops and provides low-income housing in Harlem to a variety of constituencies. In approximately 2002, DEREK BROOMES, the defendant, became the chief financial officer of the Housing Nonprofit and, in approximately 2011, became its president and CEO. Prior to joining the Housing Nonprofit, BROOMES worked as a Deputy Commissioner at the New York City Human Resources Administration (“HRA”) and, for three years at DOI in various capacities, including as an investigator and Deputy Inspector General.
Since at least 1999, the Housing Nonprofit has participated in the federally funded Scattered Site Housing Program (“SSHP” or the “Program”), through which the Housing Nonprofit receives federal funds that it uses to subsidize rents for low-income individuals who are living with HIV and/or AIDS. According to Program rules, SSHP funds are to be maintained in a segregated account and used exclusively for Program costs, including rental payments for residents covered by the Program. In fiscal year 2014, which ran from July 2013 through June 2014, the Housing Nonprofit received approximately $1,590,845.67 in SSHP funds. In fiscal year 2015, which ran from July 2014 through June 2015, the Housing Nonprofit received approximately $1,552,378.01 in SSHP funds from the City.
Beginning in at least 2013, BROOMES abused his position as president and CEO of the Housing Nonprofit to steal hundreds of thousands of dollars in funds from his employer by charging personal and unauthorized expenses to a corporate credit card issued in his name (the “Corporate Credit Card”). Using the Corporate Credit Card, BROOMES routinely paid for personal auto repairs, medical bills, electronics, clothing, and gifts. None of these charges were authorized by the Housing Nonprofit, which ultimately was required to pay the monthly bills on the Corporate Credit Card. In total, between approximately March 2013, when the Corporate Credit Card was issued, and March 2015, when it was cancelled, BROOMES charged $394,145.65 to the Corporate Credit Card. Of that, an analysis conducted by the Housing Nonprofit determined that at least $243,907.35 in charges were either personal or otherwise unauthorized.
To cover those expenditures and other operating expenses at the Housing Nonprofit, BROOMES misappropriated more than $800,000 in federal funds that were provided through the SSHP. Specifically, BROOMES diverted the SSHP funds, which were intended to be used to cover rent payments for residents covered by the Program, to the Housing Nonprofit’s operating account, where they were used to pay for unauthorized expenses, including the monthly Corporate Credit Card bills. For example, in July 2014, the Housing Nonprofit received a $284,000 advance from the SSHP intended to be used exclusively to cover Program expenses. Instead, that same day, BROOMES directed the transfer of approximately $200,000 of that advance into HCCI’s operating account, where it was used to pay various unauthorized expenses, including $64,875.29 in payments to the credit card company that issued the Corporate Credit Card.
As a result of BROOMES’s diversion of SSHP funds, the Housing Nonprofit was often unable to make rent payments for SSHP apartments on a timely basis. Instead, rent checks were written by the Housing Nonprofit and signed by BROOMES along with a member of the Housing Nonprofit’s Board, but then stored in a filing cabinet and held for several months prior to being mailed to landlords. As the Housing Nonprofit fell increasingly behind on its rent obligations due to a lack of sufficient SSHP funds in its accounts, tenants it sponsored in the SSHP began to receive threats of eviction by landlords who were owed months’ worth of back rent by the Housing Nonprofit. In a January 2, 2015, email to BROOMES, another Housing Nonprofit employee reported: “Attached, are some of the outstanding rent arrears for SSHP. Rental payment is a priority for our program. Consumers have been receiving 3 Day [Eviction] Notices and are very concerned of their housing status.”
Moreover, and despite the fact that the Housing Nonprofit was using SSHP funds for unauthorized purposes and thus not making rental payments for the SSHP units, in order to perpetuate his scheme and avoid detection, BROOMES submitted, and caused others to submit, false and fraudulent reimbursement requests to HRA, which administers the SSHP, in which BROOMES and others acting at his direction certified that the Housing Nonprofit had paid rent on the SSHP units. In truth and in fact, the Housing Nonprofit had not made those payments. BROOMES personally signed paperwork submitted to HRA as a part of the Housing Nonprofit’s monthly certifications and reimbursement requests on May 8, 2013, and July 19, 2013, and directed others to sign monthly certifications and related paperwork throughout the duration of the charged scheme.
* * *
BROOMES, 71, of New York, New York, is charged in a complaint with one count of wire fraud and one count of embezzlement from a federally funded program, each of which carries a maximum penalty of 20 years in prison.
The maximum potential sentences in these cases are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Acting U.S. Attorney Kim praised the work of DOI and the Criminal Investigators of the United States Attorney’s Office for the Southern District of New York.
The case is being prosecuted by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Edward B. Diskant and Alison G. Moe are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Former Oklahoma Beef Council Employee Pleads Guilty to $2.6 Million Embezzlement and Signing a False Tax ReturnRead the Press Release
Oklahoma City, Oklahoma – MELISSA DAY MORTON, of Edmond, Oklahoma, pled guilty today to bank fraud and signing a false federal income tax return, in connection with a $2.6 million embezzlement from the Oklahoma Beef Council, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
On May 10, 2017, Morton was charged by information with one count of bank fraud and one count of filing a false federal income tax return. From October 1995 until late July 2016, Morton worked as the Accounting and Compliance Manager at the Oklahoma Beef Council in Oklahoma City. As part of her job, Morton prepared checks, paid invoices, and generated financial statements for audits. Today, Morton pled guilty to preparing an unauthorized company check, in the amount of $5,652.25, made payable to herself in February 2016. Morton admitted that she forged the signature of the Beef Council’s executive director on the check and later presented that check for payment against the Beef Council’s bank account at a local bank. As part of her plea, Morton further admitted that she embezzled funds from her former employer from around 2009 through 2016, and stipulated that the total loss to the Oklahoma Beef Council from her embezzlement scheme was $2,681,400.73.
In addition to pleading guilty to bank fraud, Morton pled guilty to signing a false tax return. She admitted that on October 12, 2015, she signed a personal federal tax return for the 2014 calendar year that she knew was false because it reported only $183,545 in total income. At today’s plea hearing, Morton admitted that she omitted on the 2014 return more than $388,000 of embezzled income for that year from the Oklahoma Beef Council.
At sentencing, Morton faces up to 30 years in prison on the bank fraud count, plus five years of supervised release, and a $1,000,000 fine. Morton also faces up to three years in prison on the tax count, in addition to one year of supervised release, a $250,000 fine, and restitution to the Internal Revenue Service for the tax loss. Morton will be sentenced in approximately 90 days. Reference is made to the information and other public filings for further information.
This case is the result of an investigation by the Internal Revenue Service - Criminal Investigations, United States Secret Service, and United States Department of Agriculture – Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Chris M. Stephens.
Former New Rochelle Schools Director Indicted for Bribery in White Plains Federal CourtRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Philip R. Bartlett, Inspector in Charge of the New York Office of the U.S. Postal Inspection Service (“USPIS”), announced the unsealing of an Indictment yesterday charging JOHN C. GALLAGHER JR., former Director of Environmental Services of the City School District of New Rochelle (the “School District”), with bribery. The charge arises from an alleged corruption scheme in which GALLAGHER solicited and accepted kickbacks from an outside contractor for the School District in the amount of 10 percent of the funds paid to the contractor’s company by the School District. Mr. Kim also announced the guilty plea of MAURO ZONZINI, a former contractor for the School District, to bribery and tax evasion, charged in a separate Information unsealed yesterday.
Acting U.S. Attorney Joon H. Kim said: “A school district official should be doing what is best for our children and their education. Instead, as alleged, John Gallagher demanded and received more than $150,000 in kickbacks and bribes from a contractor for the school district. We are committed to finding and rooting out corruption wherever it lurks, including, in our public schools, and we thank our partners at the U.S. Postal Inspection Service for their work in this shared mission.”
USPIS Inspector in Charge Philip R. Bartlett said: “Mr. Gallagher and Mr. Zonzini were in positions of trust and therefore had a responsibility to act in the best interest of their employer and client. Unfortunately they allegedly allowed their judgment to be clouded by money. Postal Inspectors and their law enforcement partners will not tolerate the use of US Mail to facilitate alleged kickback and tax evasion schemes.”
As alleged in an Indictment and an Information unsealed yesterday in White Plains federal court[1]:
The School District, which receives federal benefits significantly in excess of $10,000 each year, has a Buildings and Grounds Department. It is responsible for, among other things, maintenance and repair of facilities used by the School District to educate the children. To do certain maintenance and repair work, the School District uses outside contractors.
Among the outside contractors used by the School District are companies with specialties – in, for example, masonry, electrical work, plumbing, and carpentry – sometimes referred to as “bid vendors” or “time and materials” contractors. These contractors bid annually, using set rates, and if awarded contracts, are paid by the School District to handle any projects within the contractors’ specialties that do not exceed a certain threshold cost. (As of 2009, that amount, per New York State law, was $35,000.) A more costly project that exceeds the threshold is offered for bid and awarded to the lowest responsible bidder, unless the project is deemed a health and safety emergency (i.e., a major plumbing leak during the school year), in which case, the time and materials vendor may be asked to do the job, regardless of the cost.
GALLAGHER, the defendant, was the School District’s Director of Environmental Services, overseeing the School District’s buildings and grounds. To fill this position, the School District contracted with a company that provided, among other things, management services (“Company-1”). GALLAGHER, as an employee of Company-1, was thereby made the School District’s Director of Environmental Services, and worked full-time in the School District, as its agent, with authority to act on its behalf. GALLAGHER, as Director of Environmental Services, had influence over which contractors were awarded work by the School District, and over whether, when, and how contractors were assigned work and paid for work.
MAURO ZONZINI owned and wholly controlled a construction company in Westchester County (the “Company”). The Company contracted with the School District to do masonry work, and was hired each year by the School District as its time and materials contractor for masonry work.
From in or about 2009 through in or about 2013, GALLAGHER engaged in a corrupt, criminal scheme, in which he solicited, demanded, and accepted bribes in the form of cash payments, intending to be influenced and rewarded in connection with the School District’s business and transactions with the Company. The bribe payments that GALLAGHER solicited, demanded, and accepted were paid by ZONZINI. Routinely, after the School District paid the Company for work performed, GALLAGHER met in person with ZONZINI in a parking lot, where ZONZINI provided GALLAGHER with a kickback in the amount of ten percent of the payment the Company had received from the School District. In this way, GALLAGHER received dozens of cash bribe payments from ZONZINI, over the course of at least approximately four years, which together amounted to more than $150,000. GALLAGHER solicited, demanded, and accepted the bribe payments intending to be influenced in and rewarded for the School District’s decisions to award the Company contracts for masonry work, to assign masonry projects to the Company, and to make timely payment to the Company.
To avoid detection of his corrupt scheme, GALLAGHER concealed the cash bribe payments he received from ZONZINI. GALLAGHER did so, as he admitted during a secretly recorded conversation, by keeping the payments “in my car or in my trunk.” In some instances he used the cash to make payments directly toward living expenses, without depositing it in his bank account. For example, during the corrupt scheme, GALLAGHER used the bribe money to make credit card payments, car payments, and, as he admitted during the secretly recorded conversation, “I paid for some college.”
* * *
GALLAGHER was arrested yesterday and was presented in the federal court in Harrisburg, Pennsylvania. He will be arraigned on the Indictment in the United States Courthouse in White Plains at 11:00 a.m. today, before United States Magistrate Judge Paul E. Davison.
GALLAGHER, 53, of Harrisburg, Pennsylvania, is charged with one count of bribery, which carries a maximum sentence of 10 years in prison.
ZONZINI, 52, of South Carolina, pled guilty to two counts: (1) bribery of a public official, which carries a maximum sentence of 10 years in prison, and (2) tax evasion, which carries a maximum sentence of five years in prison. The defendant will be sentenced at a future date.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the judge. The case is assigned to United States District Judge Nelson S. Román.
Mr. Kim praised the outstanding investigative efforts of the United States Postal Inspection Service, the Internal Revenue Service, Criminal Investigation, and the Office’s criminal investigators. He also thanked the U.S. Department of Education’s Office of Inspector General for its assistance.
The case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Kathryn Martin and Benjamin Allee are in charge of the prosecution.
[1]As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Former Lawrence Public School Aide Pleads Guilty to Drug ChargesRead the Press Release
BOSTON – A former aide at a Lawrence public school pleaded guilty today in federal court in Boston to drug charges involving kilos of cocaine and thousands of oxycodone pills.
Reynaldo Sanchez, 26, of Lawrence, pleaded guilty to attempted possession with intent to distribute oxycodone and possession with intent to distribute cocaine. U.S. District Court Judge William G. Young scheduled sentencing for Sept. 8, 2017.
In August 2015, federal agents began investigating Sanchez for his involvement in a narcotics and money laundering organization operating in the Boston area. During the investigation, Sanchez arranged to purchase 10–15 kilograms of cocaine for $33,000 per kilogram from undercover federal agents. Furthermore, between March 29, 2016, and March 31, 2016, Sanchez sought to purchase what he believed were 4,000 oxycodone pills for $12 per pill from an undercover agent posing as a drug courier. At the time of his arrest, Sanchez was carrying $48,000 in cash in a duffle bag and on his person. After executing a search warrant at Sanchez’s residence, agents recovered approximately 2.2 kilograms of cocaine.
The charge of attempted possession with intent to distribute oxycodone provides for a sentence of no more than 20 years in prison, a lifetime of supervised release, and a fine of $1 million. The charge of possession with intent to distribute 500 grams or more of cocaine provides for a mandatory minimum sentence of five years and no greater than 40 years in prison, a lifetime of supervised release and a fine of $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations, Boston Field Office; and Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police, made the announcement today. Assistance was also provided by the Middlesex County District Attorney’s Office, Massachusetts Bay Transportation Authority Police and the Lawrence, Franklin, Wareham and Dartmouth Police Departments. Assistant U.S. Attorneys David D’Addio and Kelly Begg Lawrence of Weinreb’s Criminal Division are prosecuting the case.
Former Commissioner of Mississippi Department of Corrections Sentenced to over 19 Years in Federal PrisonRead the Press Release
Jackson, Miss – Christopher B. Epps, former Commissioner for the Mississippi Department of Corrections, was sentenced today by U.S. District Judge Henry Wingate to 235 months in federal prison, announced Acting U.S. Attorney Harold Brittain and FBI Special Agent in Charge Christopher Freeze. He was also ordered to pay a $100,000 fine.
Christopher Epps previously pleaded guilty to one count of money laundering conspiracy and one count of filing a false tax return. He faced a maximum sentenced of 23 years.
This case was investigated by the FBI, IRS-Criminal Investigation, U.S. Postal Inspection Service, Mississippi State Auditor’s Office, and the Leake County Sheriff’s Office.
Assistant U.S. Attorneys Darren LaMarca and Pat Lemon, as well as financial analyst Kim Mitchell, prosecuted the case.
Former CONCACAF and Cayman Islands Soccer Official Pleads Guilty to Money Laundering ChargeRead the Press Release
Earlier today in federal court in Brooklyn, Costas Takkas pleaded guilty to money laundering conspiracy in connection with his receipt and transmission of millions of dollars in bribes paid to now-former CONCACAF president and FIFA vice president, Jeffrey Webb. Takkas, a former general secretary of the Cayman Islands soccer federation, was the attaché to Webb at the time of Takkas’s arrest in Zurich, Switzerland pursuant to an indictment unsealed in May 2015 alleging various corrupt schemes in organized soccer. At sentencing, Takkas faces a maximum sentence of 20 years. Today’s plea proceeding took place before United States District Judge Pamela K. Chen.
The guilty plea was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York; William F. Sweeney, Jr., Assistant Director in Charge, FBI New York Field Office; and Special Agent in Charge R. Damon Rowe, IRS Criminal Investigation, Los Angeles Field Office.
According to court filings and facts presented during the plea proceeding, Webb accepted a $3 million bribe in exchange for using his influence as a soccer official to award and enforce a contract granting two sports marketing companies the media and marketing rights to home World Cup qualifier matches played by teams representing soccer federations of the Caribbean Football Union during the 2018 and 2022 qualification cycles. Webb, Takkas, and representatives of Traffic USA, one of the sports marketing companies, arranged for Traffic USA to secretly funnel half of Webb’s $3 million bribe through front companies and accounts controlled by Takkas. After receiving this $1.5 million, Takkas distributed these funds at Webb’s direction. Media World, the other sports marketing company, paid approximately $500,000 of its $1.5 million share of the bribe money through a sham transaction involving a false invoice, to accounts controlled by Takkas. Webb pleaded guilty to racketeering conspiracy and other offenses on November 23, 2015 and, in his allocution, he admitted, among other things, accepting this bribe.
The guilty plea announced today is part of an investigation into corruption in international soccer led by the U.S. Attorney’s Office for the Eastern District of New York, the FBI New York Field Office, and the IRS-CI Los Angeles Field Office. The prosecutors in Brooklyn are receiving considerable assistance from attorneys in various parts of the Justice Department’s Criminal Division in Washington, D.C., including the Office of International Affairs, the Organized Crime and Gang Section, the Money Laundering and Asset Recovery Section, and the Fraud Section, as well as from INTERPOL Washington.
Assistant U.S. Attorneys Paul Tuchmann, Samuel P. Nitze, M. Kristin Mace, and Keith D. Edelman of the Eastern District of New York are in charge of today’s prosecution.
The government’s investigation is ongoing.
The Defendant:
COSTAS TAKKAS
Age: 60
Nationality: United Kingdom
E.D.N.Y. Docket No. 15 CR 252 (PKC)
Former Bookkeeper at Local Real Estate Company Pleads Guilty to ForgeryRead the Press Release
Oklahoma City, Oklahoma – TAMI LEE JOHNSON, of Midwest City, Oklahoma, pleaded guilty yesterday to check forgery, in connection with approximately $624,265.01 of embezzlement from a local real estate management company, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
On April 25, 2017, Johnson was charged by information with one count of a forged security. From January 2012 until August 2015, Johnson was the bookkeeper and office manager at an Edmond real estate management company. As part of her job, Johnson had access to bank accounts belonging to her employer. Yesterday, Johnson pleaded guilty to preparing an unauthorized company check, in the amount of $2,226.00, to herself, in February 2014. She admitted that she did not have her employer’s permission to issue the check and that she forged the signature of her boss and then cashed the check for herself. As part of her plea, Johnson further admitted that she embezzled funds from her former employer from January 2012 through August 2015, and she stipulated that the total loss to the real estate management company from her embezzlement scheme was $624,265.01.
At sentencing, Johnson faces up to 10 years in prison, three years of supervised release, and a $250,000 fine, in addition to paying restitution to the victim. Johnson will be sentenced on August 29, 2017. Reference is made to the information and other public filings for further information.
This case is the result of an investigation by the Federal Bureau of Investigation, and it is being prosecuted by Assistant U.S. Attorney K. McKenzie Anderson.
Eleventh Circuit Affirms Sentence of Man Involved in Carjacking of Federal OfficerRead the Press Release
Orlando, FL – Acting United States Attorney W. Stephen Muldrow announces that the United States Court of Appeals for the Eleventh Circuit has affirmed the sentence of Gregory McDonald (19, Orlando).
On August 12, 2015, McDonald, along with three others, committed an armed carjacking of a U.S. Customs and Border Protection officer at a hotel in Orlando. The victim, who was on vacation with his family, had gone down to his SUV in the hotel parking lot when McDonald, co-defendant Dante Askins, and two minors approached him, and forced him into the backseat of his vehicle at gunpoint. They tied the victim’s hands and feet with duct tape and zip ties and McDonald pistol-whipped him. The carjackers held the victim for approximately two hours. When OnStar location services contacted the vehicle, the carjackers fled and the victim escaped. McDonald pleaded guilty and was sentenced to 20 years in prison. He appealed his sentence.
In affirming McDonald’s sentence, the Eleventh Circuit Court of Appeals rejected his argument that the sentencing court had not sufficiently addressed mitigating circumstances and had imposed an unreasonably high sentence. The Eleventh Circuit held that the sentencing court had given “due consideration” to mitigating circumstances, but had also considered that the crime was “horrific” and lacking in “basic humanity,” particularly since McDonald had “plan[ned] ahead of time in an apparent jovial fashion to buy zip ties and duct tape with a plan to kidnap someone at gunpoint for no apparent reason.” The sentencing court also had properly considered McDonald’s extensive and violent criminal history, which included offenses such as sexual battery, carjacking with a deadly weapon, aggravated assault with a deadly weapon, kidnapping, and burglary. The Eleventh Circuit concluded that the 20-year sentence was not unreasonably high.
Assistant United States Attorney Germaine M. Seider handled the appeal. The Federal Bureau of Investigation, the Orange County Sheriff’s Office, and the Florida Department of Law Enforcement investigated the underlying case. It was prosecuted by Assistant United States Attorney Tiffany L. Cummins.
Eagle Butte Man Charged with Assault with a Dangerous Weapon and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Child Abuse.
Carlin Jimi Jewett, Jr., a/k/a Jimmy Jewett, Jr., age 36, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 23, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 31, 2017, Jewett unlawfully assaulted two juvenile females with a knife. Because they victims are under 18 years of age, two counts of Child Abuse were filed in addition.
The charges are merely accusations and Jewett is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Jewett was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Colton White Feather, age 22, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 19, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 29, 2016, White Feather unlawfully assaulted an adult female with a mop handle, causing serious injuries to her.
The charges are merely accusations and White Feather is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
White Feather was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Charged with Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon.
Acey Brown, age 41, was indicted on May 16, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on May 18, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 4, 2017, Brown assaulted an adult male with shod feet, with the intent to do bodily harm to the victim.
The charge is merely an accusation and Brown is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Brown was released on bond pending trial. A trial date has not been set.
District Man Sentenced to 30 Months in Prison for Making Bomb Threats Against Union StationRead the Press Release
WASHINGTON – James Cherry, 58, of Washington, D.C., was sentenced today to 30 months in prison on a federal charge stemming from a 911 call he made last summer that falsely claimed numerous bombs were set to go off at Union Station, announced Channing D. Phillips, U.S. Attorney for the District of Columbia, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Neil Trugman, Chief of the Amtrak Police Department.
Cherry’s call led to an emergency response by law enforcement and the evacuation of the train station, as well as disruptions of train service, until the claim was found to be a hoax. In addition to the call regarding Union Station, which was the basis for the guilty plea, Cherry admitted making another two 911 calls with a bomb threat in downtown Washington.
Cherry pled guilty in February 2017, in the U.S. District Court for the District of Columbia, to threatening and conveying false information concerning use of an explosive. He was sentenced by the Honorable Colleen Kollar-Kotelly. Following his prison term, he will be placed on three years of supervised release. He also must pay$36,153 in restitution to Amtrak.
According to a statement of offense, signed by the defendant as well as the government, on Monday, July 25, 2016, at approximately 6:20 p.m., Cherry placed a call to 911 reporting there were two bombs “ready to go off in this building, one building 1818 Pennsylvania Avenue, next building is three blocks away. You figure it out, you figure it out.” Edward R. Murrow Park is located at 1818 Pennsylvania Ave. N.W. The White House is within three blocks of that address. The United States Secret Service was notified of the threat. The World Bank is located on H Street facing the park and the numbers 1818 are prominently displayed on the side of the building. At approximately 6:31 p.m., the Metropolitan Police Department (MPD) received another call stating, “There are two bombs.” This was followed by another call in which nothing was said. At about 6:32 p.m., a call back to the number received a voicemail for “James.”
On Wednesday, July 27, 2016, at approximately 5:06 p.m., at the beginning of the evening rush hour, Cherry placed another call to 911 using the same cell phone that he used two days earlier. This time, he reported that “there are eight bombs at Union Station set to go off” and threatened to kill “all you white people,” describing them as pigs.
Union Station, located at 50 Massachusetts Avenue NE, is the main interstate train station for Washington, D.C., used by interstate National Railroad Passenger Corporation (Amtrak) trains, local Metro Transit trains, and MARC (Maryland Area Rail Commuter) and VRE (Virginia Railway Express) trains serving commuters from Maryland and Virginia. In addition, it is a major commercial center, with numerous retail outlets, and dining establishments.
The 911 threat call prompted an immediate emergency response. Union Station was evacuated and a sweep conducted of the exterior and interior of the building by Amtrak police, Capitol Police and Metro Transit Police K9s. The FBI-led Joint Terrorism Task Force was mobilized and began an investigation. The Metropolitan Police Department assisted with guarding the exterior of the building, monitoring pedestrian travel while the other agencies conducted a sweep for hazardous materials.
After a thorough investigation, officials determined that the threat was a hoax. No explosive devices were found. Six Amtrak trains and numerous passengers were disrupted as a result of the threat, which caused a monetary loss for Amtrak in the amount of $36,153. There were also five MARC (Maryland Area Rail Commuter) and two VRE (Virginia Railway Express) trains serving commuters from Maryland and Virginia delayed as a result of the threat.
A law enforcement investigation determined that Cherry was the subscriber and registered owner of the cell phone used to make the false bomb threats. Cherry was arrested in Southeast Washington on Dec. 16, 2016 and has been in custody ever since. Upon arrest, Cherry told law enforcement that he made the threat against Union Station when he was high and drunk.
In announcing the sentence, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Chief Trugman commended the work of the emergency responders and those who investigated all of the hoax calls from the FBI’s Washington Field Office, the Amtrak Police Department, the Metropolitan Police Department, the Capitol Police, the Metro Transit Police, and the U.S. Secret Service. They also commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Mac Caille Petursson and Jorge Casillas, and Legal Assistant Matthew Ruggiero. Finally, they expressed appreciation for the work of Assistant U.S. Attorney Brenda J. Johnson, who investigated and prosecuted the matter.
District Man Pleads Guilty to Voluntary Manslaughter in October 2016 AssaultRead the Press Release
WASHINGTON – Victor Purdie, 56, of Washington, D.C., pled guilty today to a charge stemming from an incident in October 2016 in which he repeatedly kicked and punched another man in the face, causing the victim’s death a few months later, U.S. Attorney Channing D. Phillips announced.
Purdie pled guilty in the Superior Court of the District of Columbia to one count of voluntary manslaughter. The Honorable Jose M. Lopez scheduled sentencing for July 28, 2017.
According to the government’s evidence, during the early morning hours of October 2, 2016, Purdie briefly interacted with the victim, Richard Lewis, in front of Union Station at 50 Massachusetts Avenue, N.E. At some point, a dispute arose and Purdie punched Mr. Lewis, who immediately fell to the ground. Purdie proceeded to repeatedly kick and punch Mr. Lewis, who had been rendered unconscious and was motionless throughout the assault. An occupant in a nearby vehicle sounded the car’s horn in an attempt to alert Purdie so that he would stop his assault. Purdie then kicked Mr. Lewis once more and fled the scene.
Members of the Metropolitan Police Department were dispatched to the area, as were members of the D.C. Fire and EMS Department. Mr. Lewis was transported to a local hospital, where he was admitted in critical condition as a result of suffering a fractured skull and severe hemorrhaging in his head. He never regained consciousness and was subsequently transferred to a long-term healthcare facility. On January 6, 2017, Mr. Lewis succumbed to his injuries and was pronounced dead.
In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department. He also expressed appreciation for the efforts of Paralegal Specialists Zekiah Wright and Kelly Blakeney, Victim/Witness Specialist Marcia Rinker and Assistant U.S. Attorney Charles J. Willoughby, Jr., who investigated and prosecuted the matter.
Deschutes County Man Sentenced to 80 Months in Federal Prison for Illegal Possession of FirearmRead the Press Release
EUGENE, Ore. – On May 24, 2017, United States District Court Judge Ann Aiken sentenced Braxton Michael Monson, Jr., 31, of Redmond, Oregon, to 80 months in federal prison for being a felon in possession of a firearm. Upon his release from prison, Monson will be on supervised release for three years.
According to court documents, on January 6, 2014, Monson was arrested in Redmond while in possession of an AR-15-style rifle along with ammunition, drugs, scales and cash. Officers determined Monson had previous felony convictions for multiple assaults and unlawful delivery of methamphetamine.
This case was investigated by the FBI and the Redmond Police Department, and was prosecuted by Nathan J. Lichvarcik, Assistant United States Attorney for the District of Oregon, with the assistance of Kari Hathorn, Deschutes County Deputy District Attorney.
Deported Alien Charged with Returning to U.S. without PermissionRead the Press Release
PITTSBURGH – A citizen of Mexico living in Braddock, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal immigration laws, Acting United States Attorney Soo C. Song announced today.
The one-count indictment, returned on May 23, named Guillermo Justo, a/k/a Rolando Velez-Latorre, a/k/a Guillermo Justo-Manuel, 41, of Mexico, as the sole defendant.
According to the indictment, Justo, having previously been deported from the United States pursuant to law on August 7, 2015, was present in the Western District of Pennsylvania on May 2, 2017, without having applied for and received permission from the Secretary of the Department of Homeland Security for re-application for admission into the United States.
The law provides for a maximum total sentence of not more than 10 years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Charles A. Eberle is prosecuting this case on behalf of the government.
U.S. Department of Homeland Security, Immigration and Customs Enforcement, conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Deputy Attorney General Honors Alabama, Georgia Task Forces for Child Pornography InvestigationRead the Press Release
BIRMINGHAM – Deputy Attorney General Rod J. Rosenstein today recognized the Alabama and Georgia Internet Crimes Against Children task forces for their coordinated investigation that resulted in 54 search warrants being served and the arrest of 29 suspects from both states on charges of possession and distribution of child pornography, announce Acting U.S. Attorney Robert O. Posey.
Rosenstein presented the Attorney General’s Special Commendation to representatives of the Alabama and Georgia Internet Crimes Against Children task forces during the Department’s National Missing Children’s Day ceremony. The special commendation recognizes Internet Crimes Against Children task forces or affiliate agencies for making significant investigative or program contributions.
“The work of our ICAC task forces exemplifies the effective collaboration of our federal, state, and local partners,” Posey said. “The Alabama Law Enforcement Agency, with help from police agencies across Alabama, leads our state’s task force. In this operation, numerous law enforcement agencies from the Northern District of Alabama provided invaluable assistance in executing warrants and arresting those engaged in exploitation of illegal images of children.”
The two task forces led coordinated investigations that included more than 70 federal, state and local law enforcement agencies. In addition to the search warrants and arrests made, the investigation — dubbed “Operation: Southern Impact”— also resulted in the seizure of 731 digital devices as evidence. Additional charges are expected as data on the seized devices are analyzed.
- addition to the two task forces, the deputy attorney general recognized the efforts of two law enforcement officers and a private citizen for their efforts to protect children. Rosenstein also recognized Audrey Link, a fifth grader at Resurrection Catholic School in Lakeland, Florida, as the 18th winner of the Annual National Missing Children’s Day poster contest.
Additional information is available online about National Missing Children’s Day.
The Office of Justice Programs, headed by Acting Assistant Attorney General Alan R. Hanson, provides federal leadership in developing the nation’s capacity to prevent and control crime, administer justice and assist victims. OJP has six bureaus and offices: the Bureau of Justice Assistance; the Bureau of Justice Statistics; the National Institute of Justice; the Office of Juvenile Justice and Delinquency Prevention; the Office for Victims of Crime; and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART). More information about OJP and its components can be found at www.ojp.gov.
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Consultant Sentenced to 18 Months in Federal Prison for Conspiracy to Bribe A Public OfficialRead the Press Release
Greenbelt, Maryland – On May 23, 2017, U.S. District Judge Theodore D. Chuang sentenced Anatoly Samgorodsky, age 65, of Sarasota, Florida to 18 months in prison, followed by three years of supervised release, for conspiracy to bribe a public official. Judge Chuang also ordered Samgorodsky to pay a $25,000 fine and restitution in the amount of $70,000.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to his plea agreement, Samgorodsky was a metallurgy consultant and part owner of a metallurgical research company located in Long Island City, New York. Between August 2014 and December 2015, Samgorodsky and co-conspirators entered into what they believed to be a $3.4 million Department of Energy (DOE) funded research contract, but was in fact, a pretextual contract arranged by the Federal Bureau of Investigation (FBI).
During the course of negotiating the contract, Samgorodsky and co-conspirators negotiated the specifics of a bribe to be paid to a public official who worked at DOE, who unbeknownst to Samgorodsky, was cooperating with the FBI. In September 2014, Samgorodsky requested the public official’s assistance with obtaining government or private sectors contracts to benefit his company. During the same month, at the direction of FBI investigators, the public official contacted Samgorodsky. In a recorded conversation, Samgorodsky relayed his company’s interest in obtaining new clients and contracts, and how he would reward the public official for helping him. The public official subsequently introduced Samgorodsky and a co-conspirator to an undercover FBI agent posing as a DOE employee. Samgorodsky and his co-conspirators eventually agreed to pay a bribe of approximately $80,000 in installments to the undercover FBI agent.
Between June 2015 and August 2015, Samgorodsky and his co-conspirators received a total of $263,500 in progress payments from the FBI under the alleged contract. Samgorodsky and his co-conspirators then agreed to convert a portion of these funds into cash, and pay the undercover agent in installments of $5,000 and $10,000 in June and July 2015, respectively, and $2,500 on September 3, 2015.
Acting United States Attorney Stephen M. Schenning commended the FBI for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney David I. Salem, who prosecuted the case.
Columbia Man Sentenced for Meth ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Columbia, Mo., man was sentenced in federal court today for his role in a conspiracy to distribute methamphetamine.
Douglas Marion Pryor, 55, of Columbia, was sentenced by U.S. District Judge Stephen R. Bough to seven years in federal prison without parole.
On Jan. 19, 2017, Pryor pleaded guilty to participating in a conspiracy to distribute methamphetamine in Boone, Cooper, Lafayette and Jackson Counties in Missouri from Aug. 25, 2015, to Jan. 11, 2016.
Pryor admitted that he had distributed approximately 40 to 50 pounds of methamphetamine since 2012. Pryor was arrested on Jan. 11, 2016, during a traffic stop in Boonville. Officers found a green bag in the back seat of his vehicle, which contained a pill bottle with six plastic bag corners of methamphetamine.
Co-defendant Gregory Alan Kennedy, 53, of Boonville, Mo., traveled to Kansas City, Mo., to pick up a large quantity of methamphetamine for Pryor on Aug. 25, 2015. Kennedy transported the methamphetamine from Kansas City to Boonville and was arrested just outside the city limits during a traffic stop. Officers located approximately one pound of methamphetamine hidden in the dashboard of his vehicle. Kennedy told investigators that Pryor had offered to pay him $700 to pick up the methamphetamine and bring it to Boonville, where Pryor would pick it up.
Co-defendant Matthew Allen Hampton, 35, of Franklin, Mo., was delivering approximately two pounds of methamphetamine to Pryor when he was stopped by Missouri State Highway Patrol troopers on I-70 in Lafayette County on Oct. 14, 2015. Hampton told investigators they had met in Pryor’s room at Harrah’s Casino in Kansas City, Mo., where Pryor handed him the methamphetamine and agreed to pay him $500 if he drove the methamphetamine back. Hampton admitted he had been dealing for Pryor for three or four months, and had moved approximately three to five pounds of methamphetamine in the last three months.
Law enforcement officers contacted Hampton again on Nov. 24, 2015, at the Isle of Capri Hotel/Casino in Boonville. Hampton had a plastic bag that contained methamphetamine in his pants pocket and a blue plastic glove that contained 93.1 grams of methamphetamine in a coat pocket. Hampton told officers he received the methamphetamine from Pryor.
Pryor is the second defendant to be sentenced in this case. Co-defendant Joseph Nicko Winters, 45, of Independence, was sentenced to 10 years in federal prison without parole. Hampton and Kennedy have pleaded guilty and await sentencing.
This case is being prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by the Drug Enforcement Administration, the Missouri State Highway Patrol, the Cooper County, Mo., Sheriff’s Department, the Lafayette County, Mo., Sheriff’s Department, the Jackson County Drug Task Force and the East Central Drug Task Force.
Charlotte Man Receives 30 Months for Simpsonville Gun Shop RobberyRead the Press Release
Columbia, South Carolina –--- United States Attorney Beth Drake announced today that Juran Maghi Witherspoon, age 18, of Charlotte, was sentenced on a charge stemming from his involvement in the pre-dawn break-in and theft of firearms from The Gun Shop in Simpsonville in October of 2016. Judge Bruce Howe Hendricks, of Charleston, sentenced Witherspoon to 30 months in the Bureau of Prisons and ordered him to pay over $48,000 in restitution.
Witherspoon was previously indicted on December 13, 2016, by a federal grand jury. Prior to his indictment, Witherspoon was arrested on federal arrest warrants in early November for the offense and has remained in custody, detained without bond, since that date.
The facts presented by AUSA Bill Watkins at the guilty plea hearing established that on October 13, 2016, at approximately 2:52 a.m., a burglary occurred at The Gun Shop and Indoor Range, a federal firearms licensee, located at 622 NE Main Street, Simpsonville, South Carolina, 29681. Surveillance camera footage from the store depicted a minivan driving though the front of the store and then three subjects (one of which was Witherspoon), wearing hooded sweatshirts, gloves and carrying bags, entering the store. Witherspoon and his associates used a sledge hammer and a baseball bat to break the glass from display cases containing firearms before loading handguns into the bags. The three men were in the store for just under one minute before they fled in a getaway car and abandoned the van at the scene. A subsequent inventory of the missing guns revealed that a total of forty-three (43) handguns had been stolen to include various models of Auto Ordnance, Bersa, Glock, Ruger, Sig Sauer, Smith & Wesson, Springfield Armory and Taurus firearms. The van was identified as a white Chrysler Town & Country which had been reported stolen from Denver, North Carolina.
Ms. Drake also thanked law enforcement for the excellent police work: “The Simpsonville and Charlotte police, ATF, and the Lincoln County Sheriff, they pulled together to solve this one. Working together for safer communities is what it’s about.”
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) with the assistance and cooperation of the Simpsonville Police Department, Charlotte Mecklenburg Police Department and the Lincoln County (North Carolina) Sheriff’s Department. The case has been assigned to Assistant United States Attorney Bill Watkins and First Assistant United States Attorney Lance Crick for prosecution. The investigation is still ongoing.
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California Man Sentenced to Prison for Stealing Prisoner Identities and Filing Fraudulent Tax ReturnsRead the Press Release
A San Francisco man was sentenced to serve 84 months in prison yesterday for stealing identities and conspiring to file fraudulent tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg, of the Justice Department’s Tax Division and U.S. Attorney Brian J. Stretch for the Northern District of California.
In January, at the conclusion of a two-week trial, a federal jury in the Northern District of California convicted Howard Webber, 52, of conspiring to commit mail and wire fraud, mail fraud, and aggravated identity theft. According to the evidence presented at trial, from June 2010 through January 2012, Webber conspired with Clifford Bercovich to obtain the names and social security numbers of fellow inmates while Webber was incarcerated at several prisons and jails, including San Quentin State Prison and Santa Clara County jail in California, and the Milwaukee Secure Detention Facility in Milwaukee, Wisconsin.
Webber and Bercovich convinced inmates to give them their names and social security numbers by explaining that they could help the inmates take advantage of government stimulus programs or secret tax loopholes. Webber and Bercovich recruited inmates to help them solicit the identities of other inmates, and created a limited-liability company, Inmate Assets Recovery and Liquidation Services LLC, to make their scheme appear legitimate.
Webber and Bercovich used the identities they obtained to file false federal income tax returns with the Internal Revenue Service (IRS). The returns falsely represented that the individuals earned wages or other income and fraudulently claimed refunds. Webber and Bercovich opened a post office box, which they listed on each false return and used to receive the fraudulently obtained refund checks. In some cases, they also directed that refunds be wired to bank accounts, which they opened and controlled. According to the evidence presented at trial, Webber and Bercovich filed more than 700 false returns and received over $600,000 in fraudulently obtained income tax refunds.
In addition to the term of prison imposed, Webber was also ordered to serve three years of supervised release.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Stretch thanked special agents of IRS–Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney William Frentzen and Trial Attorneys Gregory Bernstein and Arthur J. Ewenczyk of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
California Man Sentenced to Prison in Loan SchemeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Robert Storey, 67, of Gardena, California, who was convicted of wire fraud, was sentenced to 33 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who handled the case, stated that the defendant defrauded a film production company located in England in an advance fee scheme, which resulted in $300,000 dollars in financial losses. Storey represented to the victim film production company that he and co-conspirators could obtain a standby letter of credit from banks outside the United States. The defendant assured representatives of the film production company that he could monetize the stand by letter of credit, which would provide the film production company with millions of dollars in loans.
As part of the scheme, Storey required the investment company to provide him with $300,000, which would purportedly cover the costs associated with the financial transaction. The film production company provided the funds but instead of using the money to obtain financing, the defendant, and his co-conspirators, used the funds for their own purposes.
The defendant similarly defrauded two other film production companies. The total loss amount for all three film production companies was $780,000.
Four co-conspirators: Rhett Shepard; Nick Mussolini; John Nielsen; and Rodney Walker, have already been convicted and sentenced.The sentencing is the result of an investigation by the Federal Bureau of Investigation.
Buffalo Man Pleads Guilty to Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Samuel Nappo, 38, of Buffalo, NY, pleaded guilty to obtaining controlled substances through fraud, before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of four years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that between December 2013 and January 2015, co-defendant Brandon Coburn, a licensed nurse practitioner who was legally authorized to prescribe controlled substances, provided prescriptions that were not issued for legitimate medical purposes to Nappo and nine others. Nappo and the others filled the prescriptions, and then sold the drugs, which included fentanyl, oxycodone, oxymorphone, and amphetamine, on the street in the Buffalo area. Nappo filled a total of 26 prescriptions.
To date, seven defendants charged in this investigation have been convicted. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division.
Sentencing is scheduled for September 1, 2017, at 12:30 p.m. before Judge Arcara.
Bridgeport Man Pleads Guilty to Distributing Heroin Involved in Stratford Woman's OverdoseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that RAMON L. KILLINGS, also known as “Blade,” 39, of Bridgeport, waived his right to be indicted and pleaded guilty today in Hartford federal court to one count of distribution of heroin.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
According to court documents and statements made in court, in the early morning of December 4, 2016, Stratford Police responding to a 911 call encountered a 33-year-old female who had died from a suspected drug overdose in the bedroom of a residence in Stratford. Responding officers collected wax folds containing suspected heroin, a hypodermic needle and other drug paraphernalia from the bedroom. The investigation revealed that the victim’s boyfriend purchased heroin from KILLINGS the previous evening, and then he and the victim injected the heroin he had purchased.
In December 2016 and January 2017, law enforcement made controlled purchases of heroin from KILLINGS.
On January 18, 2017, KILLINGS was arrested on a federal criminal complaint. At the time of his arrest, he possessed quantities of heroin and crack cocaine.
KILLINGS is scheduled to be sentenced by Senior U.S. District Judge Alfred V. Covello on August 16, 2017, at which time he faces a maximum term of imprisonment of 20 years. He is released on a $20,000 bond.
This matter has been investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area Task Force and the Stratford Police Department. The task force includes personnel from the Norwalk, Stamford, Stratford, Milford and Bridgeport Police Departments, and the Connecticut State Police. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
Battle Creek Hotel Owner Sentenced to Prison for Lying About Minimum Wage PaymentsRead the Press Release
GRAND RAPIDS, MICHIGAN — Acting U.S. Attorney Andrew Birge announced today that Mehul Chandubhai Patel, a/k/a "Mike Patel," 31, of Battle Creek, Michigan, was sentenced yesterday for lying to Labor Department investigators about the wages paid to his staff. The charges stem from Patel’s violation of minimum wage rules in connection with two hotels he operated in Battle Creek and Coldwater, Michigan.
On February 2, 2017, Patel appeared in federal court and pled guilty to violating a federal statute that prohibits anyone from concealing a material fact from the federal government when obligated to disclose it. He admitted that during 2005, the Department of Labor ("DOL") found that he had violated minimum wage laws by underpaying his hotel employees. He thereafter signed an agreement promising to repay his employees. When the DOL asked him to provide proof that he had done so, Patel sent them copies of checks indicating that he had paid the back wages. However, he concealed the fact that he required his employees to return the money to him immediately after cashing the checks.
Patel appeared yesterday for sentencing before U.S. District Judge Paul Maloney. After hearing arguments from the defense that Patel deserved no jail time, Patel received a sentence of 2 months incarceration. Judge Maloney also ordered Patel to pay a $10,000 fine immediately and promised a ruling on the $250,000 restitution issue within a month.
Acting U.S. Attorney Andrew Birge stated: "Cheating employees out of their wages is unacceptable, especially when we are talking about the bare minimum wage the law allows. Any employer who does that and then lies to the government about it should expect federal agents with an arrest warrant will come knocking at the door."
"Mehul Patel exploited vulnerable workers by compelling them to kickback a portion of their wages and then he submitted false documents to the Department of Labor’s (DOL) Wage and Hour Division to cover up the scheme. We are committed to working with our DOL partner agencies to preserve the integrity of all DOL enforcement programs," stated James Vanderberg, Special Agent in Charge, Chicago Region, U.S. Department of Labor, Office of Inspector General.
Prosecution of the matter has been assigned to Timothy VerHey, Assistant U.S. Attorney. The matter was investigated by the US Department of Labor, Office of Inspector General, Homeland Security Investigations, and the Battle Creek Police Department.
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Aren Perryman Sentenced to Thirty Years after Pleas of Guilty to Drug Trafficking, Firearms Offenses and Threatening WitnessesRead the Press Release
Spokane - Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that today Chief United States District Court Judge Thomas O. Rice sentenced Aren Lee Perryman, aka Filthy, age 32, of Spokane, Washington, to a 30-year term of imprisonment after pleading guilty to Trafficking in Methamphetamine and Heroin; Possessing and Using Firearms in Connection with Drug Trafficking; and Intimidating and Threatening Witnesses. Chief Judge Rice accepted the agreed upon sentence presented by the parties which included 10 years of supervised release to follow his 30-year term of incarceration.
In September 2015, Perryman, the leader/organizer of a drug conspiracy responsible for trafficking large quantities of methamphetamine and heroin from Arizona into the Eastern District of Washington, was arrested with several co-defendants. The investigation resulted in the seizure of over 35 pounds of methamphetamine, 8 pounds of heroin, and multiple firearms. Perryman was also directly tied to a number of drive-by shootings that occurred in Spokane in the summer of 2015 and linked to a local overdose death in 2015. After Perryman was arrested, he attempted to retaliate against the local law enforcement officer he deemed responsible for his arrest.
At sentencing, Chief Judge Rice noted the damaging impact of the Defendant’s actions to this community to include the corresponding violence associated with his drug trafficking activities.
Acting United States Attorney Joseph Harrington said, “The heroin epidemic in this country is a real concern and sadly our community is not immune from its destruction.” Harrington went on to add, “this case highlights the joint commitment, dedication, and partnership between our state
and federal partners to combat this problem and the accompanying violence associated with trafficking such dangerous drugs into our community. Of additional significance, is the prevention of additional crimes of violence especially those that target our dedicated law enforcement officers.”
This case was conducted as part of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation, which included the Drug Enforcement Administration (Spokane Resident Office and Seattle Field Division); the Spokane Regional Drug Task Force; Idaho State Police; and the Spokane Police Department. The OCDETF program provides supplemental federal funding to the federal and state agencies involved in the investigation of drug-related crimes.
The investigation also included the participation of numerous federal and local law enforcement agencies, including Drug Enforcement Administration (Boise, Idaho); Federal Bureau of Investigation (Spokane, Washington); the Unified Police Department (Salt Lake City, Utah); Montana Department of Criminal Investigations (Kalispell, Montana) and Northwest HIDTA.
The case was prosecuted by Caitlin Baunsgard and Stephanie Van Marter, Assistant U.S. Attorneys for the Eastern District of Washington in partnership with the United States Attorneys Offices in the Districts of Idaho and Utah.
Alien Located in Sumter Pleads Guilty to Illegal Re-EntryRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Martin Saquic-Larios, age 24, of Guatemala, has entered a guilty plea in federal court in Columbia, to Illegal Re-Entry, a violation of 8 U.S.C. § 1326(a)(2) and (b). United States District Chief Judge Terry L. Wooten, of Columbia, accepted the guilty plea and will impose sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that Martin Saquic-Larios was encountered by agents from ICE-Homeland Security Investigations on January 26, 2017 at the Sumter-Lee County Detention Center in Sumter, after he was arrested for Forgery and Identity Fraud. An investigation revealed that Saquic-Larios is a citizen of Guatemala. He had been deported on October 9, 2013 pursuant to an order of removal then re-entered the United States without permission.
U.S. Attorney Drake stated the maximum penalty for Illegal Re-Entry is imprisonment for 20 years and/or a fine of $250,000.
The case was investigated by agents from ICE-Homeland Security Investigations. Assistant United States Attorney William E. Day, II, of the Columbia office, is prosecuting the case.
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Ada Man Sentenced to 36 Months for Possession of Unregistered FirearmRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JARED JAMES MOCK, age 36, of Ada, Oklahoma, was sentenced to 36 months imprisonment and 3 years of supervised release for POSSESSION OF UNREGISTERED FIREARM (SAWED-OFF SHOTGUN), in violation of Title 26, United States Code, Sections 5861(d), 5841, 5845(a) and 5871.
The Indictment alleged that on or about December 10, 2015, within the Eastern District of Oklahoma, the defendant, did knowingly possess a shotgun having a barrel less than 18 inches in length, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.
The charge arose from an investigation by the Ada Police Department, the District 22 Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Dean Burris represented the United States.
Abington Man Sentenced to Probation for Unemployment Compensation FraudRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rashaad Schell, age 27, of Abington, Pennsylvania, was sentenced today to 24 months of probation with six months of in-home detention by United States District Judge John E Jones, III, for knowingly making false statements in order to obtain unemployment compensation.
Judge Jones also ordered Schell to repay $18,421 in restitution to the Pennsylvania Department of Labor and Industry.
According to United States Attorney Bruce D. Brandler, from February 2012 through September 2013, Schell worked as a mail handler for the Abington Post Office while also obtaining unemployment compensation from the Pennsylvania Department of Labor and Industry in Harrisburg.
The case was investigated by the Pennsylvania Department of Labor and Industry and the United States Postal Service, Office of Inspector General. Assistant United States Attorney Chelsea Schinnour prosecuted the case.
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3 Indicted for North Myrtle Beach Bank RobberyRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated that Lance Hardiman, Justin Pressley, and Rodrick Berklery of Longs, South Carolina, were charged in a 8-count federal indictment arising from the armed takeover of the South State Bank in North Myrtle Beach on May 4, 2016, and the ensuing high speed chase and exchange of gun fire that followed.
Hardiman, Pressley, and Berklery were charged with conspiracy to commit Hobbs Act robbery, a violation of Title 18, United States Code §1951; armed bank robbery, a violation of Title 18, United States Code §2113; two counts of use and discharge of a firearm in furtherance of a crime of violence, a violation of Title 18, United States Code §924(c); obstruction of justice/witness tampering, a violation of Title 18, United States Code §1512; and, possession of a firearm with an obliterated serial number, a violation of Title 18, United States Code §922(k). Hardiman and Pressley were also charged with felon in possession of a firearms counts, a violation of Title 18, United States Code §922(g). The maximum penalty the defendants could receive is a sentence of life and if convicted of the two counts of using and discharging a firearm in furtherance of a crime of violence, the defendants face a mandatory 35 years, consecutive to all other sentences.
The case was investigated by agents of the FBI , North Myrtle Beach Police Department, SLED, and Horry County Police Department. The case is assigned to Assistant United States Attorneys Jim May and JD Rowell of the Columbia office, as well as Special Assistant United States Attorney Scott Hixson from the 15th Circuit Solicitor’s Office for prosecution.
The United States Attorney stated that all charges in this indictment are merely accusations and that the defendant is presumed innocent until and unless proven guilty.
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16 Defendants Charged with Drug Trafficking and Firearm Offenses Following Multi-Agency InvestigationRead the Press Release
United States Attorney for the Middle District of Georgia, G. F. “Pete” Peterman, III, announced today that an indictment was returned by a grand jury sitting in the United States District Court in Macon, Georgia on May 11, 2017, which charged 16 defendants with drug trafficking and firearms offenses. During “Operation Gang Related”, Federal agents, assisted by state and local law enforcement officers, investigated a large-scale drug organization based in Milledgeville, Georgia. Over the course of the investigation, federal agents seized large amounts of Cocaine Base, Methamphetamine, Heroin and cash.
Penalties for the charges range from a mandatory minimum 5 years up to life in prison without parole. Fines range from $250,000 to $10,000,000 dollars.
All of the individuals were arrested in a multi-agency operation and initial appearances will held in U.S. District Court in Macon.
United States Attorney Peterman stated, “Today’s arrests are the result of an extremely complex, long term investigation involving four federal and four local/state agencies working closely together. It is an outstanding example of what can be accomplished through multiple agencies working cooperatively toward a common goal.”
A copy of the indictment is attached. The indictment is only an allegation of criminal conduct. Each person is presumed innocent until and unless proven guilty in a court of law.
The case was investigated by the Baldwin County Sheriff’s Office, the Ocmulgee Regional Drug Task Force, the Office of the District Attorney of the Ocmulgee Judicial Circuit District; the Georgia Bureau of Investigation, the U. S. Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the United States Marshals Service (USMS), and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorneys Kimberly S. Easterling and Charles Calhoun are prosecuting the case for the Government.
For additional information, please contact Pamela Lightsey at (478) 621-2603.
Those indicted and arrested are as follows:
1) DELMA GODDARD, a/k/a “SHUG”, a/k/a “BIG HXMIE,” age 34, Milledgeville, GA;
2) CHAD DELACY FREEMAN, a/k/a “BIG BONE”, a/k/a “BONE LOCO,” age 43, Milledgeville, GA;
3) CYNTHIA BOLSTON SMITH, a/k/a “CYNT,” age 68, Milledgeville, GA;
4) ALONZO BUTTS, age 43, Eatonton, GA;
5) DEMETRIUS JAMEL HARDEN, a/k/a “MEAT DAWG,” age 31, Gordon, GA;
6) DESHAWN RANSOM, a/k/a “NEPHEW,” age 22, Milledgeville, GA;
7) ERIC DEMETRIUS VEAL, age 44, Milledgeville, GA;
8) EVERETTE HILL, age 50, Milledgeville, GA;
9) DERRICK MOSLEY, a/k/a “D. MO,” age 37, Milledgeville, GA;
10) ISHMAWIYL ABDHAL DAVIS a/k/a “NY, NEW YORK,” age 33, Milledgeville, GA;
11) TRAVIS GLENN, a/k/a “T,TG,” age 39, Milledgeville, GA;
12) EDWARD ANTONIO BROWN, JR. a/k/a “PLUG,” age 40, Milledgeville, GA;
13) MONTAVIOUS JERMELL BARNES, a/k/a “COOT, KOOT,” age 21, Milledgeville, GA;
14) JEVON DESHAWN CLARK, a/k/a “DUB, J. DUB,” age 34, Milledgeville, GA;
15) DEMALE HAMPTON, a/k/a “RAB, RABBIT,” age 40, Milledgeville, GA; and
16) DEMOND MONTERIO DENNIS, a/k/a “DOUBLE DEUCE,” age 32, Milledgeville, GA.
Tuesday 23 May 2017
United States Files Complaint Against Fiat Chrysler Automobiles for Alleged Clean Air Act ViolationsRead the Press Release
The Department of Justice, on behalf of the Environmental Protection Agency (EPA), today filed a civil complaint in federal court in Detroit, Michigan, against FCA US LLC, Fiat Chrysler Automobiles N.V., V.M. Motori S.p.A., and V.M. North America, Inc. (collectively referred to as FCA). The complaint alleges that nearly 104,000 light duty diesel vehicles containing 3.0 liter EcoDiesel engines are equipped with software functions that were not disclosed to regulators during the certification application process, and that the vehicles contain defeat devices. The complaint alleges that the undisclosed software functions cause the vehicles’ emission control systems to perform differently, and less effectively, during certain normal driving conditions than on federal emission tests, resulting in increased emissions of harmful air pollutants.
The Clean Air Act requires vehicle manufacturers to obtain a certificate of conformity before introducing a vehicle into commerce, by demonstrating to EPA that the vehicle will meet applicable federal emission standards to control air pollution. Manufacturers must disclose in their certification applications all auxiliary emission control devices (e.g. computer software that affects the performance of emission controls based upon operating parameters of the vehicle), justify the presence of any such devices, and explain why those that reduce the effectiveness of emission controls are not “defeat devices.” Motor vehicles equipped with defeat devices cannot be certified.
The complaint alleges that FCA equipped nearly 104,000 Ram 1500 and Jeep Grand Cherokee vehicles (Model Years 2014-2016) sold in the United States with at least eight software-based features that were not disclosed in FCA’s applications for certificates of conformity and that affect the vehicles’ emission control systems. The undisclosed software features lessen the effectiveness of the vehicles’ emissions control systems during certain normal driving situations. This results in cars that meet emission standards in the laboratory and during standard EPA testing, but during certain normal on-road driving emit oxides of nitrogen (NOx) that are much higher than the EPA-compliant level. The complaint alleges that each of these vehicles differs materially from the specifications provided to EPA in the certification applications, and thus the cars are uncertified, in violation of the Clean Air Act. These allegations are consistent with those set forth in notice of violation (“NOV”) that EPA issued to FCA US LLC and FCA NV on Jan. 12, 2017.
Following the issuance of the NOV, EPA continued its investigation into the operation of the undisclosed software-based features. Based upon this investigation, the complaint alleges that one or more of these undisclosed software features, alone or in combination with the others, renders inoperative, bypasses and/or defeats the vehicles’ emission control systems, which were installed to make the vehicles comply with Clean Air Act emission standards. In short, the complaint now alleges that the vehicles contain defeat devices.
NOx pollution contributes to the formation of harmful smog and soot, exposure to which is linked to a number of respiratory- and cardiovascular-related health effects as well as premature death. Children, older adults, people who are active outdoors (including outdoor workers), and people with heart or lung disease are particularly at risk for health effects related to smog or soot exposure. Nitrogen dioxide formed by NOx emissions can aggravate respiratory diseases, particularly asthma, and may also contribute to asthma development in children.
The civil complaint filed today seeks injunctive relief and the assessment of civil penalties. The United States also filed a notice that it will request to transfer its case and fully participate in the pretrial proceedings now initiated in the related multi-district litigation in the Northern District of California.
EPA and the California Air Resources Board are continuing in their discussions with FCA to bring the subject vehicles into compliance with the Clean Air Act and California law. The nature and timing of any resolution of this issue are uncertain.
United States Announces Settlement with Richland County Board of Elections & Voter Registration to Ensure Compliance with Americans with Disabilities ActRead the Press Release
Columbia, South Carolina ----- United States Attorney Beth Drake announced today a settlement with the Richland County Board of Elections & Voter Registration to ensure accessibility of polling sites to persons with disabilities.
The agreement requires the Richland County Board of Elections and Voter Registration (Board) to ensure that every polling site is accessible to persons with disabilities by the 2018 primary election. The Richland County Board of Elections and Voter Registration will provide training to all precinct coordinators on how to install and maintain any temporary equipment and accessibility items, such as wheelchair ramps, accessible parking or the placement of mats over thresholds. On Election Day and during early-voting periods, the Richland County Board of Elections and Voter Registration must maintain in working order all facilities and equipment, including lifts, elevators and ramps, necessary to make polling sites accessible to individuals with disabilities.
The Richland County Board of Elections and Voter Registration cooperated with the U.S. Attorney’s Office to voluntarily reach the settlement agreement, which became effective on May 22, 2017, eliminating the need for a lawsuit.
“The right of individuals to participate in our democratic system of government includes full and equal access to polling sites,” said U.S. Attorney Drake. “This agreement represents an important step toward guaranteeing voting access to all of our citizens.”
In 2016, the Richland County Board of Elections and Voter Registration oversaw 150 polling sites. Pursuant to the ADA, all polling places must be accessible to voters with disabilities. In the June 2016 primary elections, the U.S. Attorney’s Office and Department of Justice reviewed more than 50 polling places in Richland County and concluded that many have architectural barriers that make them inaccessible to voters who use wheelchairs or have mobility impairments, or voters who are blind or have vision impairments.
In response to the U.S. Attorney’s Office’s initial findings, the Richland County Board of Elections and Voter Registration expressed its commitment to making all polling locations accessible to voters with disabilities. The Board made some improvements by the November 2016 election, and continued to make improvements prior to the Settlement Agreement becoming finalized.
Title II of the ADA prohibits public entities, such as the Richland County Board of Elections and Voter Registration, from discriminating against people with disabilities in their programs, services, and activities. With respect to polling places, public entities are required to select and use polling places that are accessible. To learn more about the ADA and other laws protecting the rights of voters with disabilities, log on to www.ada.gov/ta-pubs-pg2.htm or call the Justice Department's toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD).
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Two Individuals Sentenced Federally for Importing Counterfeit Microsoft Software into the United StatesRead the Press Release
Two conspirators were sentenced by Senior United States District Judge Daniel T.K. Hurley in South Florida for importing counterfeit Microsoft software into the United States.
Benjamin Greenberg, Acting United States Attorney for the Southern District of Florida, and Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), made the announcement.
Clifford Eric Lundgren, 33, of Reseda, California and Robert J. Wolff, 54, of Boca Raton, Florida, previously pled guilty to participating in a conspiracy to traffic in counterfeit goods, in violation of Title 18, United States Code, Section 2320(a)(1) and committing criminal copyright infringement, in violation of Title 17, United States Code, Section 506(a)(1)(A) and Title 18, United States Code, Section 2319(a) and (b)(1). Defendants Lundgren was sentenced to 15 months in prison and a $50,000 fine. Defendant Wolff was sentenced to 6 months house arrest and four years probation.
According to documents filed with the court, Lundgren and Wolf manufactured and imported 28,000 discs containing Microsoft Windows programming, specifically, 7 Dell reinstallation Edition and XP Service Pack 3 Dell reinstallation Edition. Lundgren and Wolff violated Microsoft’s intellectual property rights by illegally manufacturing the software in China and then importing the discs into the United States.
The production, importation and/or sale of counterfeit and pirated goods can have substantial consequences for: the manufacturing industry in the form of lost sales, lost brand value, and reduced incentives to innovate; consumers who use substandard counterfeit goods; governments which may lose tax revenue and face risks of counterfeits entering national security or critical infrastructure supply chains; and the nation’s economic growth which may be slowed by reduced innovation and lost trade revenue.
Anyone with information regarding the production or trafficking of counterfeit goods is encouraged to contact law enforcement at 866-DHS-2ICE (866-347-2423).
Mr. Greenberg commended the investigative efforts of ICE-HSI. This case was prosecuted by Assistant U.S. Attorney Lothrop Morris.
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.
Taunton Man Pleads Guilty to Heroin TraffickingRead the Press Release
BOSTON – A Taunton man pleaded guilty today in federal court in Boston to trafficking heroin and fentanyl in southeastern Massachusetts.
Oniel Rivera, 30, pleaded guilty to conspiracy to possess with intent to distribute heroin and fentanyl. U.S. District Court Judge George A. O’Toole Jr. has not yet scheduled sentencing.
In October 2015, Rivera was arrested and charged along with 24 others in connection with a heroin trafficking ring operating in southeastern Massachusetts; an April 2016 superseding indictment brought the number of defendants charged in the case to 26. These charges are the result of a 15-month investigation into heroin and fentanyl trafficking in Taunton and surrounding communities, which have seen a steep increase in opioid related deaths since 2013.
Rivera received heroin and fentanyl from co-defendant Dedwin Cruz-Rivera, who received the drugs from three other co-defendants, Eric Matos, a former heroin and fentanyl supplier based in Lawrence, Manuel Romero-Gonsalez, a former heroin supplier based in Providence, R.I., and Jonathan Ruiz, a former Lawrence drug supplier, among others. Rivera would then distribute the drugs to customers in and around Taunton.
20 of the 26 defendants charged in the superseding indictment have pleaded guilty including Matos, whose sentencing is scheduled for June, 8, 2017, and Romero-Gonsalez, who was sentenced to 66 months in prison and will be subject to deportation hearings upon completion of his sentence. Cruz-Rivera pleaded not guilty; his trial is scheduled for June 12, 2017.
The charge of conspiracy to possess with intent to distribute and to distribute heroin and fentanyl provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division, made the announcement today. Assistant U.S. Attorneys Thomas E. Kanwit, Karen Beausey, Katherine Ferguson and Ann Taylor of Weinreb’s Narcotics and Money Laundering Unit are prosecuting the cases.
Springfield Man Sentenced for Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced today that a Springfield, Mo., man has been sentenced in federal court for his role in a conspiracy to distribute large quantities of methamphetamine.
David A. Floyd, 44, of Springfield, was sentenced by U.S. District Judge M. Douglas Harpool on Monday, May 22, 2017, to 13 years and six months in federal prison without parole.
On Jan. 4, 2017, Floyd pleaded guilty to participating in the drug-trafficking conspiracy that lasted from June 1, 2013, to Nov. 29, 2014.
In 2013 through 2014, Daniel and Kenna Harmon, 38, of Republic, Mo., distributed in excess of 45 kilograms of methamphetamine in southwest Missouri. Floyd was one of the persons that received methamphetamine from the Harmon drug-trafficking organization during this time. Floyd personally received more than 500 grams of methamphetamine from the Harmon drug-trafficking organization, which he then distributed to other persons.
Floyd was arrested on Aug. 1, 2014, when federal agents conducted a traffic stop and searched his vehicle. Officers found approximately 322 grams of methamphetamine, which Floyd received from Kenna Harmon, and 39 grams of marijuana. Officers also discovered $3,156.
Beginning in 2012, the Drug Enforcement Administration, assisted by other agencies, investigated a large-scale methamphetamine distribution network in southwest Missouri involving several sources of supply. The investigation resulted in the indictment of 28 co-defendants.
Daniel Harmon was indicted in the Eastern District of Missouri and pleaded guilty to possessing methamphetamine with the intent to distribute and to being a felon in possession of a firearm. Kenna Harmon has pleaded guilty to being a leader in the drug-trafficking conspiracy as well as a money-laundering conspiracy and to being a felon in possession of a firearm.
This case is being prosecuted by Assistant U.S. Attorneys Randall D. Eggert, Nhan D. Nguyen and Cynthia J. Hyde. It was investigated by the Drug Enforcement Administration, IRS-Criminal Investigation, the Missouri State Highway Patrol, the Springfield, Mo., Police Department and Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).