Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Tuesday 23 May 2017
Five Tribal Executives Plead Guilty in Federal Court to Embezzlement SchemeRead the Press Release
United States Attorney Randolph J. Seiler announced today that five current and former executives of the Sisseton Wahpeton Oyate Tribe’s Big Coulee District in South Dakota pled guilty in federal court on May 5, 15, and 18, 2017. The guilty pleas were to charges that include Conspiracy to Commit Embezzlement from an Indian Tribal Organization and Embezzlement from an Indian Tribal Organization.
The federal case against these tribal executives was part of an initiative branded as The Guardians Project – a multi-agency law enforcement operation designed to investigate, uncover, disrupt, and prosecute public corruption, theft, and federal program fraud taking place on tribal lands in South Dakota.
The four defendants whom pled guilty on May 15 and 18 are as follows:
Carrie Godfrey, 49, of Sisseton, was Treasurer of the District Executive Board from January 2007 to January 2011, and Secretary of the Board from January 2011 through January 2015.
Gerald German, Jr., 44, of Peever, was Chairman of the District Executive Board from January 2007 through January 2015.
Gerald Heminger, Jr., 56, of Sisseton, was Vice Chairman of the District Executive Board from January 2007 to January 2011.
Colette White, 55, of Peever, has been Treasurer of the District Executive Board since January 2011.
These four defendants appeared before U.S. District Judge Charles B. Kornmann in Aberdeen, and each pled guilty to a felony charged in the Indictment. According to plea documents relating to Godfrey, German, Heminger, and White, from approximately June 2010 through March 2013, the four defendants conspired to embezzle, steal, and knowingly convert to their own use funds from the Big Coulee District of the Sisseton-Wahpeton Oyate Tribe (“Tribe”), an Indian Tribal organization. These defendants joined the agreement knowing its illegal purpose, and they conspired with each other and others. The Big Coulee District (“District”) is a political subdivision of the Tribe. These defendants are current or former executive board members of the District, and, during the conspiracy, they stole a total of $81,542.50 from the District.
The fifth defendant, Calvin Max, Sr., 48, of Sisseton, has been Vice Chairman of the District Executive Board since January 2011. Max pleaded guilty on May 5, 2017, to a felony count alleged in a separate indictment.
While Max’s plea agreement encompasses his conduct in the Big Coulee conspiracy, he also admitted to his role in stealing government property. Specifically, from approximately Feburary 2013 and through July 2013, Max and Gregory Meide, a separately convicted defendant, knowingly embezzled, stole, purloined, and converted to their own use money from the Federal Emergency Management Agency (FEMA). FEMA is an agency of the United States, and Max and co-defendant stole over $7,000 from FEMA’s Hazard Mitigation Grant program, by overbilling the program and then using the funds for their own purposes.
As to Godfrey, German, Heminger, and White, the maximum term of imprisonment is up to 5 years in custody for Conspiracy to Commit Embezzlement from an Indian Tribal Organization and Embezzlement from an Indian Tribal Organization. As to Max, the maximum term of imprisonment is up to 10 years in custody for Theft of Government Property. Each of the five defendants also faces the maximum penalties of a $250,000 fine, followed by 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The investigation is being conducted by the Federal Bureau of Investigation and the financial crime investigator at the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M. Hoffman is prosecuting the case.
Ann German, 57, of Peever, who is currently the Big Coulee District Coordinator, is scheduled for a hearing before the Court on May 30.
The Guardians Project
The mission of The Guardians Project is to coordinate law enforcement efforts between these agencies to ensure the collaboration of forces, assets, and responsibilities, to promote citizen disclosure of public corruption, fraud, and embezzlement involving federal program funds, contracts, and grants, and to hold accountable those who are responsible for adversely affecting those living in South Dakota’s Indian Country communities.
Since its inception in December 2015, The Guardians Project’s participants have dedicated efforts toward myriad investigations across the state, and those efforts have resulted in the opening of 29 investigations, the filing of 8 indictments naming 21 defendants, and the convictions of 14 defendants to date. Six of the indicted defendants are currently pending trial, and one defendant is scheduled to plead guilty. The Guardians Project is designed to enhance federal law enforcement efforts by uniting the expertise and resources of the participating thirteen federal investigative agencies. The agencies include:
Federal Bureau of Investigation
Department of Interior, Office of Inspector General
Department of Health and Human Services, Office of Inspector General
Social Security Administration, Office of Inspector General
Internal Revenue Service, Criminal Investigation Division
Department of Agriculture, Office of Inspector General
Department of Transportation, Office of Inspector General
Department of Education, Office of Inspector General
U.S. Postal Inspector Service
U.S. Postal Service, Office of Inspector General
Department of Housing and Urban Development, Office of Inspector General
Department of Justice, Office of Inspector General
United States Attorney’s Office, District of South Dakota
For additional information about The Guardians Project, please contact the United States Attorney’s Office at (605)330-4400. To report a suspected crime, please contact law enforcement at the agency’s locally listed telephone number.
First National Bank Employee Stole More Than $270,000 from Customers’ AccountsRead the Press Release
JOHNSTOWN, Pa. - A resident of Johnstown, Pa., pleaded guilty in federal court to a charge of misapplication of funds by a bank employee, Acting United States Attorney Soo C. Song announced today.
Anna Wilson, 34, of Johnstown, Pa., pleaded guilty to one count before United States District Judge Kim R. Gibson.
In connection with the guilty plea, the court was advised that from Nov. 15, 2015, to Aug. 15, 2016, Wilson, while employed as a branch manager at First National Bank in Johnstown, Pa, removed approximately $270,434.70 from customers’ accounts and thereafter converted those funds to her personal use.
Judge Gibson scheduled sentencing for Oct. 2, 2017, at 1:30 p.m. The law provides for a maximum total sentence of 30 years in prison, a fine of $1,000,000, 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 U.S. Attorney John J. Valkovci, Jr. is prosecuting this case on behalf of the government.
The United States Postal Inspection Service and the Social Security Administration, Office of Inspector General, conducted the investigation that led to the prosecution of Wilson.
Essex County, New Jersey, Man Admits Fall 2016 Bank Robbery SpreeRead the Press Release
NEWARK, N.J. – A Newark man today admitted robbing five banks in October and November 2016, Acting U.S. Attorney William E. Fitzpatrick announced.
Jermaine Mason, a/k/a “Asim Harris,” 39, pleaded guilty before U.S. District Judge William J. Martini in Newark federal court to an information charging him with five counts of bank robbery.
According to documents filed in this case and statements made in court, Mason robbed the following banks on the dates set forth below:
Bank
Location
Date
Kearny Bank
Harrison
Oct. 21, 2016
PNC Bank
Jersey City
Nov. 3, 2016
Popular Community Bank
Newark
Nov. 17, 2016
Provident Bank
Jersey City
Nov. 18, 2016
Provident Bank
Kearny
Nov. 29, 2016
Mason admitted that during each of the above robberies, he either presented a note demanding cash from bank tellers or verbally demanded money.
The bank robbery charges each carry a maximum penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for Aug. 29, 2017.
Mason was originally arrested by state authorities on Nov. 30, 2016 and has been in custody since that time. Prior to his arrest, he was on federal supervised release for a federal bank robbery conviction after he robbed several banks in 2006 and 2007.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to today’s guilty plea. He also thanked the U.S. Marshals, the Kearny, Jersey City, Harrison, and Newark police departments, as well as the Hudson County and Essex County Prosecutor’s Offices for their efforts in the investigation and apprehension of Mason.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Kevin Carlucci Esq., Assistant Federal Public Defender, Newark
Elmira Man Charged with Threatening WitnessRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Isaiah L. McLaurin, 27, of Elmira, NY, was arrested and charged by criminal complaint with witness tampering. The charges carry a maximum penalty of 20 years in prison and a $250,000 fine.
Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that the complaint alleges that, on May 17 and 18, 2017, the defendant made threats against an individual that he believed was cooperating in a drug investigation in the Elmira area. McLaurin’s intent was to prevent that individual from testifying and providing information to law enforcement authorities about the drug trafficking organization.
On May 16, 2017, four individuals – Robert Ian Thatcher, Maximillian Sams, Dwayne Banks, and Carlito Rios, Jr., were arrested and charged in a federal criminal complaint with various offenses including conspiracy to possess with intent to distribute, and to distribute, quantities of furanyl fentanyl, a Schedule I controlled substance, and U-47700, a Schedule I controlled substance, during the time period from November 29, 2016 through May 16, 2017.
On May 16, 2017, an article about the arrests and investigation was published on the website for the Star Gazette, the local newspaper in Elmira. The article was entitled, “Four face federal charges in Elmira drug investigation.” A digital copy of the complaint and supporting affidavit was also published on the website with the article. In the supporting affidavit, certain confidential sources were referenced by anonymous designations (including “CS-1” and “CS-2”).
On May 17, 2017, a member of law enforcement observed a series of public Facebook comments related to the investigation described in the article on a Facebook page bearing the user name “Isaiah Mclaurin” and a profile picture of the defendant. One post stated:
Isaiah Mclaurin
Facts somebody better have this (expletive) in protective custody cause if he thinks e can just pick his daughter up from school and everything’s gonna be ok. He got it coming
McLaurin publicly identified the individual – referred to as Individual A – who he believes is one of the confidential sources referenced in the complaint against Thatcher, Sams, Banks and Rios, and threatened both Individual A and Individual A’s child.
McLaurin made an initial appearance and is being held pending a detention hearing on May 23, 2017.The complaint is the result of an investigation by the Drug Enforcement Administration, Rochester Resident Office and Scranton PA Resident Office, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police, under the direction of Major Richard Allen; the Elmira Police Department, under the direction of Chief Joseph Kane; Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in-Charge James C. Spero; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Pennsylvania State Police, under the direction of Commissioner Colonel Tyree C. Blocker; the Chemung County Sheriff’s Office, under the direction of Christopher J. Moss; the Iredell, NC County Sheriff’s Office, under the direction of Darren E. Campbell, and Customs and Border Protection Air and Marine Unit, under the direction of Director Brian Manaher.
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.
El Paso Men Sentenced to Prison for Federal Cocaine Trafficking Convictions in New MexicoRead the Press Release
ALBUQUERQUE – Two residents of El Paso, Tex., were sentenced in federal court in Las Cruces, N.M., for convictions arising out of the seizure of six kilograms (13.2 pounds) of cocaine at a U.S. Border Patrol checkpoint near Alamogordo, N.M., in Oct. 2016. Ever Omar Valdez, 26, was sentenced to 33 months in prison and his co-defendant Javier Cruz, 27, was sentenced yesterday to 33 months in prison. Each will serve a two year term of supervised release after completing their prison sentences.
Valdez and Cruz were arrested in Oct. 2016, on a criminal complaint charging them with possessing approximately six kilograms of cocaine in Otero County, N.M. According to the complaint, Valdez and Cruz were arrested on Oct. 6, 2016, after U.S. Border Patrol agents at the U.S. Border Patrol checkpoint near Alamogordo seized approximately six kilograms of cocaine that was concealed in the vehicle in which Valdez and Cruz were traveling.
On Jan. 11, 2017, Valdez and Cruz each entered guilty pleas to a felony information charging them with conspiracy to possess cocaine with intent to distribute. Valdez and Cruz each admitted that on Oct. 6, 2016, they entered the U.S. Border Patrol checkpoint on Highway 54 in a vehicle containing six kilograms of cocaine concealed inside the vehicle’s rear bumper, which was found by Border Patrol agents during a routine inspection. Valdez and Cruz admitted knowing that the cocaine was in the vehicle and that they intended to deliver the cocaine to others in exchange for money.
This case was investigated by the Las Cruces office of the DEA and the U.S. Border Patrol. Assistant U.S. Attorney Clara N. Cobos of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
El Cerrito Resident Sentenced to Four and A Half Years in Prison for Stealing Ids and U.S. Treasury ChecksRead the Press Release
SAN FRANCISCO – Brandon Robinson was sentenced today to serve 54 months in prison for aggravated identity theft and conspiring to steal government funds, announced U.S. Attorney Brian J. Stretch and Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division. The sentence, handed down by the Honorable Jeffrey S. White, U.S. District Judge, follows a guilty plea entered earlier this year.
According to documents filed with the court, from about August 2013 through April 2015, Robinson, 35, of El Cerrito, and his co-conspirators, stole names of deceased individuals and used them to file federal tax returns seeking refunds. Robinson paid cashiers at stores in the Richmond-area to cash the fraudulently obtained refund checks. Robinson also cashed stolen tax refund and social security benefit checks that were intended for other individuals. Robinson admitted that he and his co-conspirators attempted to cash more than $500,000 in fraudulently obtained and stolen checks.
On November 5, 2015, a federal grand jury indicted Robinson and charged him with one count of conspiracy to commit theft of public money, in violation of 18 U.S.C. § 371; three counts of theft of public money, in violation of 18 U.S.C. § 641, and three counts of aggravated identity theft, in violation of 18 U.S.C. § 1028A. On February 14, 2017, Robinson pleaded guilty to the conspiracy count and one count of aggravated identity theft. Pursuant to the plea agreement, the remaining counts were dismissed.
In addition to the term of prison imposed, Judge White also ordered Robinson to serve three years of supervised release and to pay $30,111.90 in restitution to the Internal Revenue Service. Judge White ordered Robinson to begin serving his prison term on July 13, 2017.
Assistant U.S. Attorneys Thomas Newman and Jose A. Olivera, and Trial Attorney Gregory Bernstein of the Justice Department Tax Division prosecuted the case. U.S. Attorney Stretch and Acting Deputy Assistant Attorney General Goldberg commended the special agents of IRS–Criminal Investigation who conducted the investigation.
East Wareham Man Pleads Guilty to His Role in Drug and Money Laundering RingRead the Press Release
BOSTON – An East Wareham man pleaded guilty today in federal court in Boston to drug charges.
Evan Lopes, 28, pleaded guilty today to possession of Methylone with intent to distribute and is scheduled to be sentenced on Aug. 24, 2017. Lopes is the last of four Cape Cod co-defendants to plead guilty to drug and money laundering charges.
On Jan. 15, 2015, law enforcement officers executed a search warrant at Lopes’ where they recovered two kilograms of Methylone from a woodpile on the property. Lopes stashed the drugs for co-defendant David Landry, who, from 2010 to 2014, led a drug and money laundering ring on Cape Cod. Landry, was arrested by state authorities in September 2014, but continued to communicate with and direct his drug associates from prison. Landry had asked Lopes to store the Methylone at his house in preparation for transferring it to other associates who would sell it for $40,000.
From May 2014 to January 2015, Landry and another co-defendant, Justin Groom, conspired to manufacture and distribute marijuana. Landry, along with his mother, Diane Johnson, and Groom conspired to launder the drug proceeds in order to disguise the nature of the funds and continue their drug trafficking activities. Landry, a convicted felon, was also found in possession of a .40 caliber semi-automatic pistol at the time of his arrest.
David Landry and Justin Groom were sentenced in March 2017 to 78 months in prison and two years of probation, respectively. Diane Johnson pleaded guilty to money laundering conspiracy on May 17, 2017, and is scheduled to be sentenced on Aug. 23, 2017.
The charge of possession of Methylone with intent to distribute provides for a sentence of no greater than 20 years in prison, three years 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; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Barnstable Police Chief Paul MacDonald; Barnstable County Sheriff James M. Cummings; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Cape & Islands District Attorney Michael O’Keefe, made the announcement. Assistant U.S. Attorney Ted Heinrich of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.
East Stroudsburg Man Indicted for Drug TraffickingRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Maurice Garvin, age 27, of East Stroudsburg, Pennsylvania, was indicted on May 9, 2017, by a federal grand jury on drug trafficking charges. The indictment was unsealed on May 22, 2017, following Garvin’s arrest.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Garvin distributed and possessed with the intent to distribute heroin on two occasions and cocaine on one occasion in April 2016, in Monroe County, Pennsylvania. All three instances are alleged to have occurred within 1,000 feet of a playground.
The case was investigated by the Federal Bureau of Investigation, Stroud Area Regional Police Department, and the Pennsylvania State Police. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments 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 this offense is 20 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
East Stroudsburg Man Indicted for Drug TraffickingRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Naaje Torres, age 24, of East Stroudsburg, Pennsylvania, was indicted on May 9, 2017, by a federal grand jury on drug trafficking charges. The indictment was unsealed May 22, 2017, following Torres’ arrest.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Torres distributed and possessed with the intent to distribute heroin on two dates in April and July 2016, in Monroe County, Pennsylvania. The indictment charges Torres with distribution of heroin within 1,000 feet of Stroudsburg School District property.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and the Stroud Area Regional Police Department. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments 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 this offense is 40 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Dover Insurance Broker Convicted of Tax FraudRead the Press Release
BOSTON – A Dover, Mass. insurance broker was convicted today by a federal jury in Boston in connection with filing fraudulent personal tax returns.
Anthony J. May, 62, was convicted of two counts of filing false tax returns for 2008 and 2009. U.S. District Court Judge William G. Young scheduled sentencing for Oct. 2, 2017.
May owned and operated Clients First Financial Insurance Agency, LLC, through which he sold life insurance products as a broker, and Advantage Life Settlements, LLC, through which he which served as a broker for insured individuals looking to sell their personal life insurance policies to third party investors. May operated his businesses out of an office suite in Hingham where he also leased space to other independent insurance agents. May filed false 2008 and 2009 individual income tax returns that did not report $396,554 in income that he received from insurance commissions, broker fees and lease rental payments.
The charging statute provides for a sentence of no greater than three years in prison, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district judge based on the U.S. Sentencing Guidelines and other sentencing factors.
Acting United States Attorney William D. Weinreb; Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; and Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston, made the announcement today. Assistant U.S. Attorney Victor A. Wild of Weinreb’s Economic Crimes Unit and Trial Attorney Eric Powers of the Justice Department’s Tax Division are prosecuting the case.
Dominican National Sentenced for Illegal Reentry After DeportationRead the Press Release
BOSTON – A Dominican man was sentenced yesterday in federal court in Boston for illegally reentering the United States after being deported.
Wilson Pena-Arias, 33, was sentenced by U.S. District Court Senior Judge Mark L. Wolf to 70 months in prison, to be served consecutively with a state sentence he is currently serving, and three years of supervised release. Pena-Arias is subject to deportation following the completion of his sentence.
In 2014, Pena-Arias was arrested for distribution of cocaine. During an interview with law enforcement, Pena-Arias admitted to a prior deportation and to illegally re-entering the country. On Oct. 26, 2015, Pena-Arias was convicted in Middlesex Superior Court on the cocaine distribution charge and sentenced to five years in prison, which he is currently serving.
In 2009, Pena-Arias was arrested for distribution of cocaine, and, after a conviction in Middlesex Superior Court, he was sentenced to three years in prison. In 2010, Pena-Arias was again convicted in the Essex Superior Court with distribution of cocaine and sentenced to three years in prison. In April 2012, upon completion of his sentence, Pena-Arias was deported to the Dominican Republic.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Lowell Police Department. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit prosecuted the case.
Dominican National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
Boston – A Dominican national pleaded guilty today in federal court in Boston to illegally reentering the United States after being deported.
Jose Manuel Arroyo, 39, a Dominican national residing in Boston, pleaded guilty to one count of illegal reentry after deportation. A sentencing date has not yet been scheduled.
Between 2005 and 2014, Arroyo, who also goes by the name Juan Manuel Tejeda-Serrano, was deported from the United States five times.
Between 2010 and 2013, Arroyo was convicted of illegal reentry after deportation on three occasions in federal court in Boston, as well as once in Texas in 2006. Arroyo most recently came to the attention of federal immigration officials after being arrested for identity fraud. In March 2017, Arroyo, under the name Juan Manuel Tejeda-Serrano, was charged in federal court in Boston with conspiracy to distribute and possess with intent to distribute heroin, fentanyl and cocaine.
The charge of illegal reentry after deportation provides for a sentence of no greater than two years in prison, one year of supervised release and a fine of $250,000. Arroyo will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney David Tobin of Weinreb’s Major Crimes Unit is prosecuting the case.
Department of Planning and Natural Resources Officer and Three Other Men Indicted in Cocaine Smuggling ConspiracyRead the Press Release
St. Thomas, USVI – Gerald Mercer, 42, Jamal Haynes, 39, Makimba Barry, 39, and Craig Richardson, 39, were indicted by a federal grand jury on May 18, 2017, for conspiracy to possess with intent to distribute cocaine, Acting United States Attorney Joycelyn Hewlett announced today. Mercer, an officer with the Department of Planning and Natural Resources, made his initial appearance before Magistrate Judge Ruth Miller on Friday and Richardson made his initial appearance Monday. Mercer was placed on home detention and ordered to pay a $75,000 cash bond pending trial. Richardson was detained pending his detention hearing Wednesday. Barry and Haynes were arrested earlier and detained pending trial.
According to the indictment, Richardson, Barry and Haynes conspired with Neal Chesterfield, former bodyguard of Governor Kenneth Mapp, to possess with intent to distribute approximately 136 kilograms of cocaine beginning on or about December 15, 2014, through September 3, 2016. Prior to that date Mercer, Barry and Chesterfield conspired to possess with intent to distribute 125 kilograms of cocaine beginning on or about January 1, 2011, through December 15, 2014. Chesterfield pleaded guilty to an Information on December 6, 2016 and is detained pending sentencing.
If convicted, each of the men charged in the indictment faces a mandatory minimum term of imprisonment of not less than 10 years and not more than life, and a fine of up to $10 million.
This case results from an ongoing Organized Crime Drug Enforcement Task Force (OCDETF) joint investigation conducted by U.S. Customs and Border Protection, Homeland Security Investigations, and the U.S. Drug Enforcement Administration. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply. The case is being prosecuted by Assistant United States Attorney Delia Smith.
Department of Justice FY 2018 Budget RequestRead the Press Release
President Trump’s FY 2018 Budget proposal totals $27.7 billion for the Department of Justice to support federal law enforcement and criminal justice priorities of our state, local and tribal law enforcement partners. The request represents a comprehensive investment in the Justice mission and includes increases in funding for strengthening national security efforts, supporting law enforcement, and enforcing the nation’s immigration laws. The request represents a $1.1 billion decrease over the annualized FY 2017 continuing resolution (CR) level.
“The Department of Justice is dedicated to advancing the safety, the security, and the rights of all Americans – and the FY 2018 budget reflects the President’s commitment to keep America safe,” said Attorney General Jeff Sessions. “One of the Justice Department’s top priorities is to protect the United States from threats to our national security both foreign and domestic. The Department will enforce our laws and put criminals behind bars. We will fight the scourge of drug abuse. And we will support the courageous men and women of law enforcement, as they work day and night to protect us. The President’s budget allows the Department to continue to put America first.”
The Department of Justice’s areas of investment include:
- +$403 million for the Federal law enforcement operations – the FBI, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Drug Enforcement Administration – securing our nation and implementing a range of efforts to target violent criminals and to combat transnational organized crime groups, especially those trafficking drugs into the U.S.
- +$61 million for the U.S. Attorneys, including $26 million for 300 new Assistant U.S. Attorneys (AUSAs) nationwide: 230 AUSAs to prosecute violent criminals and ensure our neighborhoods are freed from their threat, and an additional 70 AUSAs to protect our borders and restore our sovereignty by prosecuting immigration law violations.
- +$14 million for the Department’s litigating components, including $3.7 million and 40 new positions for the Environment and Natural Resources Division and the Civil Division* and $6 million for the National Security Division.
- +$79 million for the Executive Office of Immigration Review (EOIR), including $75 million for 75 new Immigration Judges and associated positions, boosting the Department’s capacity for prompt, efficient, and just hearings for those accused of violations of immigration law.
- $2.0 billion in discretionary funding, plus an additional $3.1 billion in mandatory sources, totaling $5.1 billion for Federal grants to State, local, and tribal law enforcement and victims of crime, to ensure greater safety for law enforcement personnel and the people they serve. Critical programs aimed at protecting the life and safety of state and local law enforcement personnel, including the COPS Hiring Program, Preventing Violence Against Law Enforcement Officer Resilience and Survivability and the Bulletproof Vest Partnership, demonstrate our continuing commitment to supporting state, local, and tribal law enforcement.
For more information, view the FY 2018 Budget and Performance Summary at https://www.justice.gov/doj/fy-2018-budget-and-performance-summary.
National Security
National security remains the Department’s highest priority. The Department will always maintain its commitment and its responsibility to safeguard American citizens and defend the homeland, while maintaining American values. Threats are constantly evolving, requiring additional investments to mitigate those threats in innovative ways. Terrorist seek to sabotage critical infrastructure; organized crime syndicates seek to defraud banks and corporations; and spies seek to steal defense and intelligence secrets and intellectual property. Each threatens our nation’s economy and security.
The FY 2018 Budget will support the Department in responding to those evolving threats by dedicating $98.5 million to provide program enhancements for areas of 1) combatting domestic and foreign terrorism; 2) intelligence collection and analysis; 3) cybercrime; and 4) investigative and law enforcement technology.
For more information, view the National Security Fact Sheet at https://www.justice.gov/doj/fy-2018-budget-fact-sheets.
Combatting Violent Crime
Violent crime and drug use are becoming more and more commonplace within our communities. While today’s overall crime rates are near historic lows, recent trends indicate that those levels are at risk. Updated FBI statistics show that from 2014 to 2015, violent crime has increased more than 3 percent, which is the largest one-year increase in the last 24 years. The murder rate has increased 10 percent, the largest increase since 1968. Compounding this issue is the opioid and illegal drug epidemic. Heroin overdose deaths have more than tripled between 2010 and 2014 while illegal drugs flood across our borders into cities and towns bringing violence and tragedy with them. Protecting the people of this country from violent crime is a high calling of the men and women of the Department of Justice. Today, it has become more important than ever.
The FY 2018 budget requests $198.5 million in enhancements to reduce violent crime, combat the prescription drug and opioid epidemic, and target Transnational Criminal Organizations. These resources will enable the Department to target and dismantle the worst criminal organizations and drug traffickers that are bringing violence and drugs into our communities. The Department of Justice utilizes a comprehensive set of programs that leverage law enforcement operations, prosecutorial action, and support for state and local governments to combat the violent offenders in our communities.
For more information, view the Combatting Violent Crime Fact Sheet at https://www.justice.gov/doj/fy-2018-budget-fact-sheets.
Enforce Immigration Laws
The FY 2018 budget enhances border security and immigration enforcement and improves the Department’s ability to conduct more efficient and expedient immigration hearings to combat illegal entry and unlawful presence in the U.S. The Department requests increases of $144.9 million to enforce the President’s January 25 Executive Order, “Border Security and Immigration Enforcement Improvements” and keep pace with the Department of Homeland Security’s (DHS) increased immigration enforcement efforts.
For more information, view the Enforce Immigration Laws Fact Sheet at https://www.justice.gov/doj/fy-2018-budget-fact-sheets.
State, Local and Tribal Assistance
The Justice Department strongly supports its partnerships with state, local, and tribal entities. The FY 2018 Budget maintains its commitments to state, local, and tribal law enforcement partners without reducing the Department’s federal operational role. Simultaneously, efficiencies are identified to ensure that federal resources are being targeted to key Administration priorities, such as combating violent crime. The FY 2018 discretionary and mandatory request for state, local, and tribal law enforcement assistance is $5.1 billion, including specific discretionary enhancements of $107.0 million.
For more information, view the State, Local and Tribal Assistance Fact Sheet at https://www.justice.gov/doj/fy-2018-budget-fact-sheets.
*This release was revised to correct that the 40 new positions are for the Environment and Natural Resources Division and the Civil Division.
Delevan Man Arrested on Child Pornography 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 John Cutler, 34, of Delevan, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a mandatory minimum penalty of 15 years in prison, a maximum of 40 years, and a $250,000 fine.
Assistant U.S. Attorney Aaron J. Mango, who is handling the case, stated that according to the complaint, in August 2014, the New York State Police received an allegation from an 11-year-old female (minor victim) that Cutler had engaged in sexual contact with her. In November 2014, the defendant was convicted on state charges of endangering the welfare of a child and criminal sexual act in the second degree and sentenced to six months in prison and 10 years of probation. Cutler was also ordered to register as a sex offender.
As part of the defendant’s probation, he was mandated to maintain contact with the Cattaraugus County Probation Department and was prohibited from possessing devices that are capable of connecting to the Internet. On July 9, 2016, probation officials conducted a polygraph examination of Cutler. During questioning prior to administration of the polygraph examination, the defendant confirmed that he performed oral sex on the minor victim, the conduct he was convicted of in November 2014. The complaint also alleges that Cutler made incriminating statements regarding his internet activity and sexual contact with minors.
A forensic examination of Cutler’s laptop computer recovered a large volume of images and videos depicting children engaged in sexual activity.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and is being held pending a detention hearing on May 26, 2017.
If anyone has any information regarding the defendant, please contact the FBI at 716-856-7800. (photo attached)
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Cattaraugus County Sheriff’s Department, under the direction of Sheriff Timothy Whitcomb.
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.
Davenport Man Sentenced to 80 Months in Prison for Receiving Child PornographyRead the Press Release
DAVENPORT, IA - On May 23, 2017, Jason Michael Mowerheather Jean Reekr, age 43, of Davenport, Iowa, was sentenced by Chief United States District Court Judge John A. Jarvey to 80 months in prison for receipt of child pornography, announced United States Attorney Kevin E. VanderSchel. Mower will be required to serve eight years of supervised release following his release from prison.
In early 2015, the Federal Bureau of Investigation (FBI) began a nationwide investigation into an online child pornography website. The investigation showed Mower was a member of the site and had accessed it multiple times, viewing over 60 images of child pornography. A search warrant was conducted at Mower’s Davenport residence, where multiple electronic devices were seized. A forensic evaluation of those devices revealed Mower had accessed additional child pornography websites from October 2013 through February 2015, and had downloaded images and videos of minors engaged in sexually explicit conduct.
This matter was investigated by the FBI, and the case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa as part of the Project Safe Childhood initiative.
-END-
Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at [email protected].
Crips Gang Member Pleads Guilty to Racketeering Conspiracy in NebraskaRead the Press Release
A violent member of the Omaha-area Crips Gang pleaded guilty today to participating in a racketeering conspiracy involving acts of violence including attempted murder and assaults, witness tampering and drug distribution, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and Acting U.S. Attorney Robert C. Stuart of the District of Nebraska.
Dionte Dortch, aka “Killa Tay,” 23, of Omaha, Nebraska, pleaded guilty before U.S. District Judge Joseph F. Bataillon of the District of Nebraska to one count of conspiracy to participate in racketeering activity, one count of witness tampering, one count of attempted obstruction of justice and one count of possession of a firearm by a felon. As part of his guilty plea, Dortch has agreed to be sentenced to 20 years in prison. The sentencing hearing for Dortch is scheduled for Aug. 23, 2017.
According to the plea agreement, Dortch admitted to conspiring to conduct and participate in the affairs of the Omaha-area chapter of the Crips, known as the “40th Avenue Crips” and “44th Avenue Crips,” through a pattern of racketeering activity. As part of the plea agreement, Dortch admitted to personally committing acts of violence for the gang in furtherance of the racketeering conspiracy. These acts of violence included the hiring of a hitman to kill a potential witness, the shooting and attempted murder of four individuals believed to be associated with a rival gang and using threats of violence to prevent a witness from testifying before a federal grand jury, according to the plea.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Omaha Police Department are investigating the case. Trial Attorney John S. Han of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney Matthew Molsen of the District of Nebraska are prosecuting the case.
Citizen of Pakistan and United Kingdom Sentenced for International Wire Fraud Scheme That Sold False Cures for Multiple IllnessesRead the Press Release
CONCORD, N.H. - Mustafa Hasan Arif, 37, an individual with dual citizenship in Pakistan and the United Kingdom, was sentenced to serve six years in federal prison for his role in an extensive international wire fraud scheme, Acting United States Attorney John J. Farley announced today.
According to court documents and statements in court proceedings, Arif defrauded individuals all around the world by selling drugs that he claimed would cure many serious diseases. While in Lahore, Pakistan, Arif created, maintained, and controlled over 1,500 websites that promoted the sale of the drugs. The websites claimed that the drugs would cure and treat hundreds of diseases, many of which were incurable, including cerebral palsy, mental retardation, Parkinson’s disease, Alzheimer’s disease, and emphysema. The websites included falsified cure rates, false clinical research, and fabricated testimonials. One series of websites fraudulently claimed that Arif’s products had shown a 90 percent cure rate in clinical trials. Other websites included links to clinical research that had not been written about the drugs on the websites, but which suggested that clinical research had been performed on the products Arif was distributing. In an effort to make customers comfortable about the products, Arif also falsely represented that the drugs were being sold by entities in Germany, Norway, Italy, Australia, New Zealand, and Denmark when in fact the drugs were all being sold and shipped from Pakistan. Documents in the case show that Arif ‘s scheme generated more than $12.8 million in fraudulent sales to more than 100,000 victims.
Arif initially was arrested after he flew into New York in February 2014 on a business trip. He appeared in federal court in New York and later was transported to New Hampshire, where he has remained in custody. He pleaded guilty to wire fraud on October 11, 2016.
“The defendant’s conduct was reprehensible,” Acting U.S. Attorney Farley said. “He preyed on vulnerable individuals who were seeking to find cures for illnesses that often had no known cure. His scheme not only defrauded his victims financially but also victimized them emotionally by raising false hopes that his products could treat their serious medical conditions. Rather than providing his sick customers with remedies for their illnesses, he only caused more pain. I commend the law enforcement officers who put an end to this dangerous and heartless scheme.”
“Criminals who deceive U.S. consumers with false information and false claims about drugs can adversely affect the public’s health,” said Jeffrey J. Ebersole, Special Agent in Charge, FDA Office of Criminal Investigations’ New York Field Office. “Our office will continue to pursue and bring to justice those who take advantage of consumers in their quest for profits.”
This investigation was led by the FDA/Office of Criminal Investigations, Cybercrime Investigations Unit along with Homeland Security Investigations. Assistance during the investigation was provided by the New Hampshire Attorney General’s Office, Portsmouth New Hampshire Police Department, the United States Consulate, Diplomatic Security Service Lagos, Nigeria office, New Zealand Ministry of Health, United Kingdom Medicines and Healthcare Products Regulatory Agency, and the Department of Justice, Office of International Affairs. The investigation was prosecuted by Assistant United States Attorney Arnold H. Huftalen and Sarah Hawkins of the FDA/Office of Chief Counsel.
###
California Man Sentenced to Prison for Stealing IDs and U.S. Treasury ChecksRead the Press Release
An El Cerrito, California, man was sentenced to serve 54 months in prison today for aggravated identity theft and conspiring to steal government funds, 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.
According to documents filed with the court, from about August 2013 through April 2015, Brandon Robinson, 35, and his co-conspirators, stole names of deceased individuals and used them to file federal tax returns seeking refunds. Robinson paid cashiers at stores in the Richmond-area to cash the fraudulently obtained refund checks. Robinson also cashed stolen tax refund and social security benefit checks that were intended for other individuals. Robinson admitted that he and his co-conspirators attempted to cash more than $500,000 in fraudulently obtained and stolen checks.
In addition to the term of prison imposed, Robinson was also ordered to serve 36 months of supervised release and to pay $30,119 in restitution to the Internal Revenue Service. Robinson previously pled guilty in February to aggravated identity theft and conspiracy to commit theft of public money.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Stretch commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorneys Thomas Newman and Jose A. Olivera, and Trial Attorney Gregory Bernstein of the Justice Department Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
CFO of “Soup Nazi” Business Indicted for Tax EvasionRead the Press Release
An indictment was unsealed earlier today at the federal courthouse in Brooklyn charging Robert N. Bertrand, the Chief Financial Officer of Soupman, Inc., with 20 counts of failure to pay Medicare, Social Security, and federal income taxes. Soupman, Inc., which is based in Staten Island, and licenses the name and recipes of Al Yeganeh, the “Soup Nazi” character from the television series “Seinfeld.” The defendant will be arraigned this afternoon before United States Magistrate Judge Marilyn D. Go.
The charges were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and James D. Robnett, Special Agent in Charge, Internal Revenue Service-Criminal Division, New York Field Office (IRS).
As alleged in the indictment and publicly filed documents, Bertrand had a corporate responsibility to collect, truthfully account for, and pay Medicare, Social Security, and federal income taxes (collectively, “trust fund taxes”) for Soupman’s employees. However, between 2010 and 2014, Bertrand paid Soupman employees on the side in unreported cash amounts, and compensated certain employees in large unreported stock awards. Bertrand never reported this employee compensation to the IRS, and never paid trust fund taxes on the cash payments or the stock awards, despite a 2012 warning from an external auditor that these payments should be reported to the IRS. From 2010 through 2014, Soupman’s total approximate unreported cash and stock compensation was $2,850,967.59, and the total approximate tax loss to the United States was $593,971.52.
“As alleged, the United States was fleeced out of more than half a million dollars through the defendant’s corporate misdeeds,” stated Acting United States Attorney Rohde. “Tax crimes like those alleged in the indictment hurt every American citizen. My Office and our law enforcement partners will prosecute such crimes to the full extent of the law.”
“IRS Criminal Investigation, along with the Justice Department, realizes the negative consequences employment tax evasion has on the solvency of the United States government,” stated Special Agent-in-Charge Robnett. “However, this type of evasion also results in the loss of future Social Security and Medicare benefits for the employees of Soupman Inc. as well.”
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted of the offense, Bertrand faces a maximum sentence of five years’ imprisonment.
The government’s case is being handled by the Office’s General Crimes Division. Assistant United States Attorney Kaitlin T. Farrell is in charge of the prosecution.
The Defendant:
Robert N. Bertrand
Age: 62
Norwalk, Connecticut
E.D.N.Y. Docket No. 17-CR-186 (RRM)
Buffalo Man Sentenced on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Guy Lightfoot, 59, of Buffalo, NY, who was convicted of being a felon in possession of firearms and ammunition, was sentenced to 24 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Laura A. Higgins, who is handling the case, stated that on January 12, 2012 law enforcement officers executed a search warrant at the defendant’s residence at 1953 Falls Street in Niagara Falls. During the search, officers recovered two firearms and ammunition. A third firearm was recovered as a result of the search. Co-defendant, Jerry Brown, fled the scene and led officers on a car chase. The chase ended when Brown abandoned the vehicle in the middle of the road and tossed the gun on a rooftop. Lightfoot admitted to giving the third firearm to Brown immediately prior to his being apprehended by the police.
Lightfoot was convicted of Forgery in the First Degree in the State of Georgia and is prohibited from legally possessing a firearm.
Charges are pending against Jerry Brown. 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 Niagara Falls Police Department, under the direction of Chief Bryan DalPorto, and Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of Special Agent-in Charge James C. Spero.
Bergen County Man Admits Robbery of New Jersey Bar, Carjacking, and Violent Kidnapping of Taxi DriverRead the Press Release
NEWARK, N.J. – A Bergen County, New Jersey, man today admitted participating in the December 2015 robbery of a North Jersey bar and the violent carjacking and kidnapping that took place shortly afterwards, Acting U.S. Attorney William E. Fitzpatrick announced.
Wilbur Jonathon Barahona, 21, of Ridgewood, New Jersey, pleaded guilty before U.S. District Judge Jose L. Linares in Newark federal court to a three-count information charging him with conspiracy to commit Hobbs Act Robbery, carjacking, and kidnapping.
According to documents filed in this case and statements made in court:
Barahona admitted that on Dec. 25, 2016, he and others forcibly robbed a bar in Hawthorne, New Jersey, and subsequently fled with approximately $200 in cash.
Afterwards, in the early morning hours of Dec. 26, 2015, Barahona and others hailed a taxi in Paterson, New Jersey, and forcibly took the taxi from the driver. Barahona admitted that he and others forced the driver into the back of the vehicle and took over driving. Barahona also admitted that during the carjacking, other conspirators caused seriously bodily injury to the driver by hitting him in the head with a beer bottle and slicing his throat with a knife before eventually leaving him on the side of the road in New York. The taxicab driver survived.
The kidnapping charge carries a maximum potential penalty of life imprisonment. The carjacking charge carries a maximum potential penalty of 25 years in prison. The conspiracy charge carries a maximum potential penalty of up to 20 years in prison. Sentencing is scheduled for Aug. 16, 2017.
Balmore Carrillo-Iraheta, 19, of Suffern, New York, who previously was indicted for his role in the Hobbs Act Robbery of the Hawthorne bar, pleaded guilty before Judge Linares in Newark federal court on May 15, 2017, to one count of conspiracy to commit Hobbs Act Robbery. All six men originally charged by complaint for their respective roles in the Hobbs Act Robbery, carjacking, and kidnapping have pleaded guilty and await sentencing.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, investigators from the Bergen County Prosecutor’s Office, under the direction of Prosecutor Gurbir S. Grewal, and the Ridgewood and Hawthorne Police Departments with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorneys Elaine K. Lou and Karen D. Stringer of the U.S. Attorney’s Office’s Criminal Division in Newark.
Defense counsel: Carol Gillen Esq., Assistant Federal Public Defender, Newark
Armed Career Criminal Sentenced to 15 Years in Prison for Federal Firearms ViolationRead the Press Release
CHARLOTTE, N.C. – A South Carolina man was sentenced in federal court on Monday, May 22, 2017, for being a felon in possession of a firearm, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. Marion Quinton Brewster, 38, of Columbia, S.C. was sentenced by U.S. District Judge Max O. Cogburn, Jr. to 180 months in prison, followed by five years of supervised release.
C.J. Hyman, Special Agent in Charge of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Charlotte Field Division, and Chief Kerr Putney of the Charlotte-Mecklenburg Police Department (CMPD) join U.S. Attorney Rose in making today’s announcement.
According to the filed court documents and statements made in court, on May 19, 2016, CMPD officers responded to an armed robbery call at a self-service car wash located in Charlotte, N.C. When officers arrived, the victim reported that he had been robbed at gunpoint while washing his vehicle, by a man later identified as Brewster. Court records indicate that shortly thereafter, based on information provided by the victim, law enforcement located Brewster, who was riding as a passenger in a green Ford Expedition. CMPD officers conducted a traffic stop of the vehicle. According to court records, as they approached the vehicle, Brewster fled the scene on foot. A short foot chase ensued, during which law enforcement observed Brewster drop a handgun. Law enforcement apprehended Brewster and recovered the firearm, which was subsequently identified as a stolen Smith & Wesson .38 caliber handgun.
At the time of the offense, Brewster was a convicted felon and was prohibited from possessing a firearm. Brewster pleaded guilty to the firearm offense in January 2017. Court records indicate that Brewster had prior criminal convictions in South Carolina for offenses related to armed robbery and carjacking, and at sentencing he qualified as an armed career criminal.
Brewster is currently in federal custody and will be transferred to the custody of the Federal Bureau of Prisons upon designation of a federal facility. All federal sentences are served without the possibility of parole.
In making today’s announcement, U.S. Attorney Rose thanked ATF and CMPD for leading the investigation.
Assistant United States Attorney Robert Gleason, of the U.S. Attorney’s Office in Charlotte, prosecuted the case.
Another Albuquerque Drug Trafficker Pleads GuiltyRead the Press Release
ALBUQUERQUE – Devell Devoual, 35, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office
Devoual and co-defendants Dwayne Cunningham, 49, and Cedric Laneham, 39, were charged as the result of an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Devoual and his co-defendants were arrested in July 2016, on an indictment charging them with conspiring to distribute methamphetamine between May 16, 2016 and June 2, 2016. The indictment also charged Devoual and Laneham with distributing methamphetamine on May 17, 2016; and Devoual and Cunningham with possessing methamphetamine with intent to distribute on June 2, 2016. According to the indictment, the defendants committed the offenses in Bernalillo County, N.M.
During today’s proceedings, Devoual pled guilty to an information charging him with distribution of methamphetamine and admitted distributing more than 50 grams of methamphetamine on May 17, 2016. At sentencing, Devoual faces a maximum penalty of 20 years in federal prison. He remains in custody pending a sentencing hearing, which has yet to be scheduled.
To date, 51 of the 104 defendants have entered guilty pleas, including Cunningham, and 18 have been sentenced. The remaining defendants, including Laneham, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These cases were investigated by the Albuquerque office of ATF. This case is being prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns.
Albany Physician Pays $100,000 and Agrees to 15-Year Period of Exclusion from Medicare for Submitting False ClaimsRead the Press Release
ALBANY, NEW YORK – Dr. Michael Esposito has agreed to pay $100,000 for billing Medicare despite his exclusion from all federal health care programs, announced United States Attorney Richard S. Hartunian. Dr. Esposito is an endocrinologist who treated patients in the Capital Region until earlier this year, when the New York State Board of Professional Medical Conduct ordered him to stop practicing medicine because he had engaged in professional misconduct.
Medicare is a federally funded program that subsidizes health insurance for the elderly and disabled. In December 2016, Dr. Esposito entered into an agreement with the Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG) to resolve allegations that he had forged the signature of another physician on prescriptions for opioids and other prescription drugs for himself and another individual that were paid for by Medicare. As a condition of that agreement, Dr. Esposito was excluded for five years from participating as a provider with Medicare and all other federal health care programs. As a result of his exclusion, Dr. Esposito was prohibited from billing such programs for his medical services.
As part of today’s settlement, Dr. Esposito admitted that he continued to bill Medicare for services over a two-month period following the effective date of his exclusion and acknowledged that his conduct violated both his agreement with HHS-OIG and the False Claims Act. In addition to paying $100,000, Dr. Esposito agreed to be excluded from Medicare and all other federal health care programs for 15 years.
“As today’s settlement demonstrates, my office will hold accountable those who submit false claims for payment to government programs,” said U.S. Attorney Hartunian. “We will continue to use the False Claims Act to pursue those who knowingly bill federal health care programs for services furnished, ordered, or prescribed by excluded providers.”
“This settlement is another example of our commitment to holding health care providers accountable for their actions,” said Special Agent in Charge Scott J. Lampert of HHS-OIG’s New York Region. “HHS-OIG will continue to protect the integrity of our nation’s federally funded health care programs, and ensure that those who submit claims to those programs do so in an honest manner.”
The investigation and settlement were the result of a coordinated effort among the U.S. Attorney’s Office for the Northern District of New York and HHS-OIG. The United States was represented by Assistant U.S. Attorney Adam J. Katz.
Alaskan Taxidermist Pleads Guilty to Smuggling Exotic Birds into the U.S.Read the Press Release
GAINESVILLE, FLORIDA – Heinrich “Henry” Springer, of Anchorage, Alaska, has pled guilty to conspiracy to smuggle wildlife and other protected species, transporting wildlife in violation of foreign law, and concealing illegally imported merchandise. The guilty plea was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
Between May 2010 and October 2014, Springer and Anthony Gilyard, of Williston, Florida, conspired to smuggle and trade in endangered, protected, and threatened birds, in violation of the Migratory Bird Treaty Act and the Convention on International Trade in Endangered Species. Over the years, Springer collected more than 5,000 bird specimens through hunting, purchase, and trade. He traveled internationally to obtain them, acquiring birds from Mongolia, Kazakhstan, Kyrgyzstan, Africa, Australia, Siberia, and South America.
Springer and Gilyard were taxidermists with an in-depth knowledge of domestic and international wildlife laws. Gilyard unlawfully acquired the birds from foreign sellers and traders, and Springer then smuggled the birds into the United States.
For the conspiracy charge, Springer faces a maximum of five years in prison and a $250,000 fine. For the wildlife transportation charge, he faces a maximum of five years in prison and a $20,000 fine. For the smuggling charge, he faces a maximum of 20 years in prison and a $250,000 fine. Springer is scheduled to be sentenced on August 28, 2017, at 2:00 p.m.
The case was investigated by the United States Fish and Wildlife Service. This case is being prosecuted by Assistant U.S. Attorney Gregory P. McMahon.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
13 Defendants, Many Linked to Local Street Gangs, Charged with Credit Card Skimming and Narcotics TraffickingRead the Press Release
LOS ANGELES – Thirteen people, most of whom are linked to La Mirada- and Norwalk-based street gangs, have been charged in federal court in a bank fraud scheme involving “skimmed” credit cards, and in narcotics cases, one of which alleges a transaction involving over three kilograms of methamphetamine.
Authorities this morning arrested 11 of the defendants, the lead defendant in the credit card fraud case was arrested late this afternoon, and law enforcement continues to search for one more defendant who remains at large.
The credit card skimming operation was allegedly operated by a man linked to a criminal street gangs known as the La Mirada Punks and the Carmelas. Russell Jay Ogden, along with his wife, are accused of leading the scheme that allegedly skimmed credit cards – meaning victims’ credit cards were surreptitiously run through an electronic device that collected the cards’ information. Members of the scheme then encoded the stolen information on counterfeit credit cards and used the fraudulent cards to purchase big ticket items that were later sold for a profit. The investigation has determined that many of the credit cards in this case were skimmed at a restaurant in Huntington Beach.
In total, the conspiracy compromised more than 500 credit cards and caused various financial institutions to suffer losses of more than $500,000 after the cards were used across Southern California at department stores such as Nordstrom and Bloomingdales, sporting goods stores and Toys R Us, according to the bank fraud indictment unsealed today.
Those charged in the 27-count bank fraud indictment are:
-
Russell Jay Ogden, also known as “Big Dog,” 43, of La Mirada, who was taken into custody late this afternoon and is expected to be arraigned tomorrow;
-
Rudy Leo Aguilar, also known as “Fats” and “Dreamer,” 32, of Norwalk, who was previously convicted of voluntary manslaughter in a gang-related incident and was sentenced to 13 years in state prison;
-
Blaine Andrew Porlas, 51, of La Habra, who is linked to the Nazi Low Riders;
-
Marco Anthony Alday III, 26, of Whittier;
-
Milan Vukelich, also known as “Bo,” 37, of Artesia;
-
Shelly Anne Ogden, who is Russell Ogden’s wife, 41, of La Mirada;
-
Leo Norman Aguilar, 32, of Norwalk;
-
Ameer Adnan Yousef, 32, of La Mirada;
-
Shawn Phillip Vasquez, 49, of Hesperia; and
-
Lloyd Luis Leyh, 43, of Huntington Beach, who was sentenced to 13 years in state prison in an attempted murder case involving a firearm, and who is currently a fugitive in this case.
Many of these defendants are members of the La Mirada Punks and the Norwalk-based Carmelas criminal street gangs, and most of the defendants have felony records, it was disclosed in court this afternoon.
Each defendant is charged with conspiracy to commit bank fraud, a charge that carries a statutory maximum sentence of 30 years in federal prison. Most of the defendants are also charged in other counts of credit card fraud and aggravated identity theft.
Rudy Leo Aguilar is also named in a separate indictment that charges him with distributing nearly two pounds of methamphetamine.
Two additional defendants are charged in another narcotics-trafficking case involving methamphetamine. They are:
-
Gustavo Uribe Meza, also known as “Big Boy” and “Goose,” 24, of Whittier; and
-
Peter Chiapparine, also known as “Uncle Pete,” 72, of South Gate.
The final defendant arrested in the takedown is charged in an indictment that accuses him of trafficking approximately 3.6 kilograms of methamphetamine and federal firearms violations. He is:
-
Norman Aguilar Jr., also known as “Flea,” who is Leo Aguilar’s brother, 35, of Norwalk.
In court this afternoon, the 11 defendants arrested this morning entered not guilty pleas and were ordered to stand trial on July 18. Prosecutors said that searches conducted today revealed evidence that the credit card scheme was ongoing.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The investigation into the Ogdens and their associates is being conducted by a Task Force that includes the Federal Bureau of Investigation, the Drug Enforcement Administration, the Huntington Beach Police Department, the Brea Police Department and the United States Secret Service.
These cases are being prosecuted by Assistant United States Attorneys Lana Morton-Owens and Saurish Bhattacharjee of the Violent and Organized Crime Section.
-
Monday 22 May 2017
Willoughby man sentenced to more than six years in prison for having images of children being sexually assaultedRead the Press Release
A Willoughby man was sentenced to more than six years in prison for having images of children being sexually assaulted by adults and engaged in bestiality, said Acting U.S. Attorney David A, Sierleja.
John Clements, 34, was sentenced to 78 months in federal prison.
He was previously found guilty of receiving and distributing visual depictions of minors engaged in sexually explicit conduct.
Clements was found to have, in 2014, received and distributed computer images of actual prepubescent children being sexually assaulted by adults, being bound, and involving an animal, according to court documents and statements.
The case was prosecuted by Assistant U.S. Attorneys Brian M. McDonough and Michael A Sullivan following an investigation by the FBI Child Exploitation Task Force.
Wethersfield Man Sentenced to Prison for Distributing Heroin Involved in 19-Year-Old's Overdose DeathRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that CARLOS CARRILLO, 20, of Wethersfield, was sentenced today by Senior U.S. District Judge Alfred V. Covello in Hartford to six months of imprisonment, followed by three years of supervised release, for distributing heroin involved an overdose death of a Wethersfield teenager last summer. Judge Covello also ordered CARRILLO to pay restitution of $10,524.02 to the victim’s family to cover the victim’s funeral expenses.
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, on July 16, 2016, Wethersfield Police and emergency medical personnel responded to a residence in Wethersfield and found an unresponsive 19-year-old female on a bed in a bedroom of the home. The victim was pronounced deceased at the scene. Investigators located a torn wax paper packet under the female’s body and another packet on the nightstand. Subsequent laboratory testing of the contents of the packets confirmed the presence of heroin.
The investigation revealed that earlier on July 16, 2016, the victim and a juvenile friend met with CARRILLO in the parking lot of a Wethersfield motel and purchased two bags of heroin from CARRILLO for 10 dollars.
CARRILLO was arrested on a federal criminal complaint on August 2, 2016. On January 26, 2017, he pleaded guilty to one count of distribution of heroin.
This matter was investigated by the Drug Enforcement Administration and the Wethersfield Police Department. The case was prosecuted by Assistant U.S. Attorneys Jennifer P. Laraia and Michael E. Runowicz.
West Virginia Man Charged with Fraud Tied to Stolen Gardner Museum PaintingsRead the Press Release
BOSTON – A Beckley, W.Va. man was arrested today on fraud charges in connection with his scheme to sell paintings stolen from the Isabella Stewart Gardner Museum in 1990 on Craigslist.
Todd Andrew Desper, a/k/a “Mordokwan,” 47, was charged in federal court in Boston with wire fraud and attempted wire fraud. Desper was arrested this afternoon at his home in Beckley, W.Va. He will be held in custody overnight and will have an initial appearance in the U.S. District Court for the Southern District of West Virginia tomorrow morning. He will appear in federal court in the District of Massachusetts on June 9, 2017.
According to the criminal complaint, Desper, acting under the pseudonym “Mordokwan,” solicited buyers for both the Storm on the Sea of Galilee and Vermeer’s The Concert on Craigslist in a number of foreign cities including Venice and London. Desper directed interested buyers to create an encrypted email account to communicate with him. Authorities were notified of the foreign Craigslist notices by individuals seeking to assist in the recovery of the artwork, as well as those seeking the $5 million reward offered by the Museum.
At the direction of federal authorities, the security director for the Gardner Museum engaged in encrypted communications with Desper in an attempt to determine whether Desper had access to the stolen masterpieces. Desper allegedly instructed him to send a cashier’s check for $5 million to a location in West Virginia and that Storm on the Sea of Galilee would then be sent in return, concealed behind another painting.
It is alleged that the investigation ultimately revealed that Desper had no access to, nor information about, the stolen paintings, but was instead engaged in a multi-million dollar fraud scheme targeting foreign art buyers.
The charging statute provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
On March 18, 1990, 13 pieces of artwork were stolen from The Isabella Stewart Gardner museum in the early morning hours. According to security guards, two white males dressed in Boston Police uniforms gained entrance to the Gardner Museum by explaining that they were responding to a report of a disturbance within the museum compound. Upon entry, the thieves subdued and secured the guards and went on to commit the largest art theft in history, taking 13 works of art including Rembrandt’s Storm on the Sea of Galilee and Vermeer’s The Concert. The combined value of the art stolen during the Gardner theft is estimated at $500 million, although several of the works are considered priceless within the art community.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistance was provided by the Isabella Stewart Gardner Museum, as well as the U.S. Attorney’s Office for the Southern District of West Virginia, the FBI Pittsburgh Field Division, and Beckley Police Department. The case is being prosecuted by Assistant U.S. Attorney John T. McNeil of the U.S. Attorney’s Office Criminal Division.
The details contained in the charging document are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
United States Reaches $291,288 Civil Settlement with Dr. Sherry Ma and Aima Neurology, LLC Related to Botox® and Myobloc® InjectionsRead the Press Release
St. Louis, Missouri: Acting United States Attorney Carrie Costantin announced today that the United States, Sherry X. Ma, M.D., of Ladue, Missouri, and AIMA Neurology, LLC, reached a civil settlement that will resolve the United States= claims against Dr. Ma and AIMA Neurology under the False Claims Act for false Medicare billings related to Dr. Ma’s Botox® and Myobloc® injections.
According to the United States’ allegations, Dr. Ma received vials of Botox® and Myobloc® at no charge that were supposed to be used for specific patients with private health insurance. After using a portion of the Botox® or Myobloc® on the specific patients, instead of discarding the remainder of the medications contained within vials labeled as single-dose vials, Dr. Ma would keep and store the leftover Botox® and Myobloc® at AIMA Neurology, where she was the only physician. Subsequently, Dr. Ma used the remaining portion of the vials of Botox® and Myobloc® on Medicare patients but submitted claims for payment to Medicare as if she had purchased new vials. According to the United States’ allegations, Dr. Ma and AIMA Neurology’s medical records for certain Medicare patients were false in that they contained incorrect lot numbers of the Botox® and Myobloc® vials used in treatment with Medicare patients. Federal law generally prohibits health care providers from seeking reimbursement from Medicare for items that they obtained at no cost.
As part of the settlement, Dr. Ma and AIMA Neurology will repay the United States $291,288.06.
This civil settlement is part of ongoing efforts by the Department of Justice and the United States Department of Health and Human Services (HHS) to recover funds diverted from the Medicare Trust Account and is the result of a joint effort between the U.S. Attorney=s Office for the Eastern District of Missouri and the HHS Inspector General=s Office of Investigations.
U.S. Attorney’s Office Concludes Investigation into Fatal Shooting in Northeast WashingtonRead the Press Release
WASHINGTON - The U.S. Attorney’s Office for the District of Columbia announced today that there is insufficient evidence to pursue federal criminal civil rights or District of Columbia charges against a detective from the Metro Transit Police who was involved in the fatal shooting on July 4, 2016, of Sidney Washington, Jr. in Northeast Washington.
The U.S. Attorney’s Office and the Metropolitan Police Department (MPD) conducted a comprehensive review of the incident. This included interviews of civilian and law enforcement witnesses as well as a review of photographs, diagrams, physical evidence, recorded radio communications, video surveillance footage, the autopsy report, and reports from the Metropolitan Police Department, Metro Transit Police Department, and District of Columbia Department of Fire and Emergency Medical Services.
According to the evidence, on July 4, 2016, officers and detectives with the Metro Transit Police Department were deployed to the area near the Deanwood Metro Station in Northeast Washington amid concerns about rival gangs and potential violence. At approximately 10:30 p.m., two rival groups began shooting fireworks at each other and into the Metro station. Metro Transit Police officers and detectives dispersed the two groups.
At least one team of two detectives remained in the area and parked in the 4900 block of Quarles Street NE; they were in an unmarked vehicle but wore tactical clothing that had “POLICE” written across the front. While parked in the area, the detectives saw Mr. Washington walk to the intersection of 49th and Quarles Streets NE, and display a silver handgun.
According to the evidence, the detectives saw Mr. Washington discharge the firearm toward a large crowd of people that were approximately 50 to 75 feet away. The detective behind the driver’s wheel of the unmarked police car pulled up next to Mr. Washington and yelled, “Police!” Instead of surrendering, Mr. Washington turned toward the detective and discharged his firearm at close range, striking the driver’s side door of the police car at least twice. The detective returned fire, striking Mr. Washington, who fell to the ground, landing in a seated position. Then, while in a seated position, Mr. Washington discharged additional rounds at the detective, and the detective fired back until Mr. Washington fell backwards onto the ground.
After the scene was secured, mobile crime technicians recovered a Colt .45-caliber pistol, which was near Mr. Washington’s body. The technicians also recovered nine 45-mm cartridge casings and one 9 mm cartridge casing from the intersection where Mr. Washington was observed discharging the weapon.
The Office of the Chief Medical Examiner for the State of Maryland determined that Mr. Washington, 21, died from multiple gunshot wounds. An autopsy determined that Mr. Washington had five gunshot wounds, including two to the chest, one to the upper abdomen, one to the right forearm, and one to the right buttock.
After a careful, thorough, and independent review of the evidence, federal prosecutors have found insufficient evidence to prove beyond a reasonable doubt that the detective used excessive force under the circumstances. To the contrary, there is sufficient evidence that the detective was acting in self-defense and defense of others at the time of the shooting.
Use-of-force investigations generally
The U.S. Attorney’s Office reviews all police-involved fatalities to determine whether sufficient evidence exists to conclude that any officers violated either federal criminal civil rights laws or District of Columbia law. To prove such violations, prosecutors must typically be able to prove that the involved officers willfully used more force than was reasonably necessary. Proving “willfulness” is a heavy burden. Prosecutors must not only prove that the force used was excessive, but must also prove, beyond a reasonable doubt, that the officer acted with the deliberate and specific intent to do something the law forbids. A conclusion that “there is insufficient evidence” is not meant to suggest anything further about what evidence, if any, exists.
The U.S. Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to devote the resources necessary to ensure that all allegations of serious civil rights violations are investigated fully and completely. The Metropolitan Police Department’s Internal Affairs Division investigates all police-involved fatalities in the District of Columbia.
Two defendants sentenced to federal prison for drug crimesRead the Press Release
HUNTINGTON, W.Va. – Two defendants were sentenced today to federal prison for drug crimes, announced United States Attorney Carol Casto. Miana Miller, 20, of Huntington, was sentenced to two years in prison for distribution of heroin. In a separate prosecution, Ashara Mayes, 29, of Decatur, Georgia, was sentenced to seven months in prison for possession with intent to distribute cocaine.
Miller admitted that on September 15, 2015, she sold heroin to a confidential informant working with the Huntington FBI Drug Task Force. The drug deal took place at the corner of 9th Street West and Monroe Avenue in Huntington. Miller also admitted that she was involved in two additional sales of heroin to the same confidential informant on September 24 and October 21, 2015. On May 15, 2015, law enforcement conducted a search of Miller’s residence on 9th Avenue in Huntington and found approximately 83 grams of crack in the pocket of a coat in Miller’s bedroom. Law enforcement also discovered a loaded firearm in another bedroom of the home. Furthermore, Miller admitted that from October 3, 2015, to February 19, 2016, she leased a residence located at 1438 Lynn Street in Huntington in her name for another individual. Miller admitted that she did not live at that location and that the residence was unoccupied. Miller additionally admitted that the residence was used as a “stash house” to store drugs. In a search of that location on February 19, 2016, law enforcement seized 98 grams of crack and 11 grams of heroin.
In a separate prosecution, on February 25, 2016, Mayes received a package containing cocaine and crack from codefendant Trevor Bethel in Atlanta. Mayes then transported the package to Huntington for Bethel in exchange for $500. After Mayes arrived in Huntington, she met Bethel and took the package to the residence of Jarrell Johnson, another codefendant, located on Rear 9th Avenue in Huntington. Laboratory analysis determined that the package contained over 160 grams of cocaine and over 11 grams of crack. For his part in the drug conspiracy, Johnson was sentenced to five years in federal prison. Bethel remains a fugitive.
The Huntington Police Department and the Huntington FBI Drug Task Force conducted the investigation of Miller. The investigation of Mayes and her codefendants was conducted by the Drug Enforcement Administration. Assistant United States Attorney Gregory McVey is handling these prosecutions. Chief United States District Judge Robert C. Chambers imposed the sentences.
These prosecutions are part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
- Follow us on Twitter: SDWVNews
Two defendants plead guilty to federal drug crimesRead the Press Release
HUNTINGTON, W.Va. – Two defendants pleaded guilty today to federal drug crimes, announced United States Attorney Carol Casto. Jessica Ann Barnett, 29, of South Point, Ohio, pleaded guilty to conspiracy to distribute heroin. In a separate prosecution, Malik Muhammad Abdull Williams, 24, of Michigan, pleaded guilty to possession with intent to distribute heroin and crack.
Between November 2014 and June 8, 2016, Barnett participated with multiple individuals in a conspiracy to distribute heroin in the Huntington area. At various times during the conspiracy, Barnett was provided with cash that constituted proceeds from heroin sales. Barnett would then wire the money to a third party in Michigan via money transfer companies such as Western Union and MoneyGram. Barnett transferred proceeds from heroin distributions on at least 27 occasions totaling approximately $26,410. On multiple occasions, Barnett also sold small amounts of heroin. Barnett faces up to 20 years in federal prison when she is sentenced on August 28, 2017.
In a separate prosecution, on May 2, 2016, members of the Huntington FBI Drug Task Force were conducting surveillance at the Greyhound Bus Station in Ashland, Kentucky, after receiving information Williams would be arriving on a bus in possession of drugs. Agents observed Williams exit a bus and enter a vehicle that traveled to Huntington. Agents conducted a traffic stop of the vehicle at 1st Street and 4th Avenue in Huntington and discovered Williams in possession of approximately 31 grams of heroin and 41 grams of crack concealed in his pants. Williams admitted that he intended to sell the drugs in Huntington. Williams faces up to 20 years in federal prison when he is sentenced on August 28, 2017.
The Huntington FBI Drug Task Force conducted the investigations. Assistant United States Attorney Joseph F. Adams is handling these prosecutions. The plea hearings were held before Chief United States District Judge Robert C. Chambers.
These cases were brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
- Follow us on Twitter: SDWVNews
Truck Driver Sentenced for 44-Plus Pounds of CocaineRead the Press Release
KANSAS CITY, KAN. - A truck driver was sentenced Monday to 46 months in federal prison for hauling more than 44 pounds of cocaine to Kansas, U.S. Attorney Tom Beall said.
Erick Omar Rios, 37, San Ysidro, Calif., pleaded guilty to one count of possession with intent to distribute cocaine. In his plea, he admitted he was operating a tractor pulling a refrigerated trailer when he was stopped by the Kansas Highway Patrol. Troopers found 10 vacuum wrapped packages containing 44 pounds of cocaine hidden in a cooling unit on the trailer. They learned Rios had picked up the load in Los Angeles to deliver to Plainfield, Ind. He was expecting to be paid $4,000 when he returned to Los Angeles.
Beall commended the Kansas Highway Patrol, the Drug Enforcement Administration and Special Assistant U.S. Attorney Skip Jacobs for their work on the case.
Statement by U.S. Attorney John Parker Concerning United States v. John Wiley Price and Kathy Louise NealyRead the Press Release
Although I am disappointed in the outcome of this case, my responsibility is larger than the consideration of my subjective views. I must objectively consider the totality of circumstances that the prosecution now faces. Having painstakingly done so, it is my considered judgment that pursuing another trial against Mr. Price will not serve the interests of justice. I have concluded the same is true regarding the pending trial against Ms. Nealy.
My decision today is fundamentally different than the initial decision to seek this indictment and in no way reflects on the soundness of that earlier decision. I have information available to me now that was not available at the time of the indictment and could only be obtained through the trial process. This additional information compels the conclusion that the reasonable, good-faith beliefs we had at the time of indictment regarding our chances for success at trial have been substantially diminished.
The evidence and facts as known at the time of indictment demanded that this office pursue this case. However, while it is our responsibility to seek justice when presented with such evidence, it is never our responsibility to secure a conviction at all costs.
I am extremely proud of the dedicated prosecutors and agents who worked tirelessly on these matters for many years. These public servants discharged their duties with the utmost integrity and never shrunk from the challenges inherent in what everyone knew was going to be a difficult and polarizing trial.
# # #
Singapore Shipping Company Admits to Probation ViolationRead the Press Release
Hartford, Conn. – Singapore-based ODFJELL ASIA II PTE LTD (“OAII”), which was convicted in 2014 of violating the Act to Prevent Pollution from Ships, has admitted to violating the conditions of its probation, announced Deirdre M. Daly, U.S. Attorney for the District of Connecticut, and Jeffrey H. Wood, Acting Assistant Attorney General of the Environment and Natural Resources Division (ENRD). As a result, OAII’s term of probation, which was scheduled to conclude this month, was extended by one year, and the company has agreed to additional probation conditions.
On May 14, 2014, U.S. District Judge Vanessa L. Bryant in Hartford sentenced OAII to a three-year term of probation and a total criminal penalty of $1.2 million dollars for violating the Act to Prevent Pollution from Ships (“APPS”). The APPS is the U.S. law that implements the International Convention for the Prevention of Pollution from Ships (“MARPOL”). A special condition of probation required OAII to implement remedial environmental measures as part of an Environmental Management System Plan (EMS/P). As part of the EMS/P, OAII was required to implement enhanced procedures for internal reporting of violations.
On May 16, 2016, a crewmember reported to OAII that, while he was serving onboard OAII's vessel Bow Santos, there may have been a MARPOL compliance issue involving the disposal of machinery-space bilge water in December 2015. OAII reported the possible MARPOL compliance issue to U.S. authorities and conducted an internal investigation. During OAII’s internal investigation, the vessel’s chief engineer, Oswaldo Dela Torre Salazar, denied any knowledge of, or involvement in, any MARPOL violations. Upon completion of its internal investigation, OAII was unable to determine whether a MARPOL violation occurred.
The U.S. and OAII agree that there was a breakdown in OAII’s internal reporting system in that it took more than six months before any crewmember of the Bow Santos reported the alleged incident to OAII. OAII also agrees that the breakdown in OAII’s internal reporting system constitutes a probation violation because the EMS/P’s internal reporting system had not been fully implemented as required by the special conditions ordered by the court.
As a result of this violation, on May 15, 2017, Judge Bryant ordered that OAII’s term of probation be extended for one year. During the additional year of probation, the Bow Santos will undergo an environmental audit, and OAII must notify the U.S. Probation Office, the U.S. Department of Justice and the U.S. Coast Guard if Oswaldo Dela Torre Salazar is serving onboard an OAII vessel bound for a U.S. port.
This case was investigated by the U.S. Coast Guard Sector Long Island Sound, Coast Guard Investigative Service, and Coast Guard office of Investigations and Analysis (CG-INV). This matter is being prosecuted by Assistant U.S. Attorney Ray Miller from the U.S. Attorney’s Office for the District of Connecticut, and Trial Attorney Stephen Da Ponte in the Environmental Crimes Section of the Environment and Natural Resources Division of the Department of Justice.
Roommate of Alleged Tampa Palms Shooter Charged with Federal Explosives ViolationsRead the Press Release
Tampa, FL – Acting United States Attorney W. Stephen Muldrow announces that Brandon Russell (21, Tampa) has been charged by criminal complaint with possession of an unregistered destructive device and unlawful storage of explosive material, in violation of federal law. If convicted, he faces a maximum penalty of 11 years in federal prison.
According to the criminal complaint, the Tampa Police Department responded on May 19, 2017, to a double homicide at an apartment in the Tampa Palms area, where Russell, Devon Arthurs, and the deceased men had been living together. The alleged shooter, Arthurs, stated that he, Russell, and the two victims shared common neo-Nazi beliefs, and that Russell participated in online neo-Nazi chat rooms where he threatened to kill people and bomb infrastructure. During a search of the apartment, law enforcement discovered a cooler in the garage containing the explosive HMTD (hexamethylene triperoxide diamine), along with various explosive precursors in close proximity. Upon questioning, Russell admitted that he had manufactured the HMTD located in the garage.
On May 21, 2017, Russell was arrested in Key Largo. He made his initial appearance before United States Magistrate Judge Andrea Simonton in the Southern District of Florida. Russell was detained pending further proceedings in the Middle District of Florida.
Devon Arthurs was arrested on May 19, 2017, by officers from the Tampa Police Department. He is in custody facing state charges.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with assistance from the Tampa Police Department and the Monroe County Sheriff’s Office. It will be prosecuted by Assistant United States Attorneys Josephine W. Thomas and Daniel A. George.
Readout of Meeting Between U.S. Attorney General Sessions and Qatari Attorney General Al MarriRead the Press Release
U.S. Attorney General Jeff Sessions met in Washington on May 19, 2017, with Dr. Ali Bin Fetais Al Marri, Attorney General of the State of Qatar. They discussed the close cooperation between the U.S. Department of Justice and the Qatari Office of the Attorney General and agreed to continue this cooperation, including on fighting terrorism and transnational crime. Attorney General Sessions and Dr. Al Marri also discussed anti-corruption issues.
Rapid City Man Sentenced on Fraud and Tax ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man convicted of Wire Fraud and Making and Subscribing a False Tax Return was sentenced on May 19, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Mike Lundy, a/k/a Barkley J.W. Lundy, age 68, was sentenced to 5 years of imprisonment, followed by 3 years of supervised release, and ordered to pay a $200 special assessment to the Federal Crime Victims Fund, $1,368,671.96 in restitution to victims, and $257,399.00 in restitution to the Internal Revenue Service.
Lundy was charged on February 7, 2017, and pleaded guilty on February 14, 2017. The conviction stems from Lundy, a registered investment advisor, encouraging clients to invest in a company called Associates Investments, which he claimed offered investments in municipal bonds or other types of securities. Numerous victims provided Lundy a total of $4,247,123.19. Associates Investments was not an actual investment firm, but rather Lundy took the investors’ money and deposited it into a checking account solely controlled by him. Despite leading the victims to believe he was investing the money provided to him and Associates Investments, the monies were never invested. Although some investors received payments on their investments, those payments were largely funded with incoming money fraudulently obtained from new investors. Lundy also used a portion of the monies for his own personal expenses such as a mortgage, vacations, a car, and remodeling projects. During the years in which Lundy was fraudulently running his scheme, he underreported his income to the Internal Revenue Service.
This case was investigated by the Internal Revenue Service Criminal Investigation. Assistant U.S. Attorney Ben Patterson prosecuted the case.
Lundy was immediately turned over to the custody of the U.S. Marshals Service.
Operation “REAL-TIME”: Spartanburg Felon Enters Guilty Plea in Federal Court on Ammunition ChargesRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Ray Anthony Kelly, age 55, of Spartanburg, pled guilty this morning in federal court in Anderson to possession of ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1). United States District Judge Timothy M. Cain accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office. Kelly, a previously convicted felon who is prohibited from possessing firearms or ammunition, faces a statutory maximum sentence of 10 years in federal prison. Kelly was arrested on federal firearms charges on June 16, 2016, and has remained in custody since his federal arrest.
Evidence presented at the change of plea hearing this morning established that on June 6, 2016, members of the Spartanburg Police Department (SPD) responded to a call regarding shots-fired in the parking lot of an auto repair store on John White Boulevard. When SPD officers arrived and began to process the scene, they recovered eight .9mm shell casings and interviewed multiple individuals present at the location. Based on those interviews, SPD officers determined that an earlier argument between two individuals in the parking lot led to an exchange of gun fire. Officers learned that during that exchange, Kelly returned fire, firing 9mm shots from a firearm. A firearm was not recovered however, as earlier noted, .9mm shell casings were collected by SPD. On June 9, 2016, during an interview with SPD officers, Kelly admitted to possession of the ammunition during the shooting.
Kelly was arrested federally as a part of “Operation Real-Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the Upstate community. In addition to the Spartanburg Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Real Time’s core partners include the Greenville Police Department, the Anderson Police Department, the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, United States Probation, the Department of Homeland Security, the Federal Bureau of Investigation, the Drug Enforcement Administration, the 7th Circuit Solicitor’s Office, the 10th Circuit Solicitor’s Office, the 13th Circuit Solicitor’s Office, and the United States Attorney’s Office. Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 100 defendants and seizure of approximately 115 firearms as well as assorted ammunition from prohibited persons.
U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the U.S. Attorney’s Office adopting the case, “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
The Spartanburg Police Department along with agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigated the case. Assistant United States Attorney Max Cauthen is prosecuting the case.
#####
One Pleads Guilty and Two Are Sentenced for Marijuana-Growing Operations in the Sequoia National ForestRead the Press Release
FRESNO, Calif. — One defendant pleaded guilty and two others were sentenced today for their involvement in large-scale marijuana cultivation operations in the Sequoia National Forest, U.S. Attorney Phillip A. Talbert announced.
Guilty Plea to Cultivation Conspiracy in National Forest
(1:16-cr-106 LJO)Abel Toledo-Villa, 35, of Mexico, pleaded guilty to conspiring to manufacture, distribute and possess with intent to distribute 3,850 plants found in the Sequoia National Forest in Kern County. In pleading guilty, Toledo acknowledged that he had left the area after law enforcement agents entered the grow site. He was later found in a vehicle that contained about 8.5 pounds of processed marijuana, fertilizer, a rifle, and 106 rounds of ammunition. He agreed to pay $5,233 in restitution to the U.S. Forest Service for the damage he caused to public land and natural resources.
Toledo-Villa is scheduled for sentencing on August 14, 2017, before Chief U.S. District Judge Lawrence J. O’Neill. Toledo-Villa faces a mandatory minimum penalty of five years in prison and a maximum of 40 years in prison for the drug conspiracy, and up to a $5 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory sentencing factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the U.S. Forest Service, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) , the Southern Tri‑County High Intensity Drug Trafficking Area (HIDTA) task force, the California Department of Justice’s Campaign Against Marijuana Planting (CAMP), the California Department of Fish and Wildlife, the Kern County Sheriff’s Office, the Riverside County Sheriff’s Department, the Fontana Police Department, and the Victorville Police Department.
Sentencing in Giant Sequoia National Monument Cultivation Operation
(1:16-cr-156 DAD)Following their guilty pleas earlier this year, Audencio Pineda-Gaona, 37, and Candelario Jimenez-Ramirez, aka Candelario Rodriguez-Jimenez, 55, both of Mexico, were each sentenced to two and a half years in prison for conspiring to cultivate, distribute and possess with intent to distribute marijuana grown on forest land in the Giant Sequoia National Monument in Tulare County. They were each also ordered to pay $5,252 in restitution to the U.S. Forest Service to cover the cost of cleaning up the grow site.
According to court documents, the defendants and several other men were found trimming marijuana buds in the grow site in the Giant Sequoia National Monument in Tulare County. As the agents approached, the men fled. The defendants were apprehended, and agents found 5,707 marijuana plants and 200 pounds of processed marijuana. They also found a large box of 9 mm ammunition, a holster and a shoulder rig for a 9 mm handgun.
The marijuana cultivation operation caused extensive damage to the land and natural resources. Native trees and shrubs had been cut down to make room for the marijuana plants. Water had been diverted from a tributary stream of the Kern River, which supports Kern River rainbow trout, a “Species of Special Concern” in the state of California.. Agents also found harmful banned pesticides and large amounts of trash.
This case was the product of an investigation by the U.S. Forest Service, the California Department of Justice’s Campaign Against Marijuana Planting (CAMP), the California Department of Fish and Wildlife, and the Tulare County Sheriff’s Office.
Assistant United States Attorney Karen Escobar is prosecuting both cases.
New York Man Sentenced to 50 Months in Prison for Conspiracy to Distribute 10 Kilograms of Synthetic Designer DrugsRead the Press Release
NEWARK, N.J. – A Queens, New York, man was sentenced today to 50 months in prison for his role in a scheme to distribute controlled substance analogues, which are designer drugs that have chemical structures and hallucinogenic effects similar to Schedule I controlled substances, Acting U.S. Attorney William E. Fitzpatrick announced.
Elmostafa Charif, 37, previously pleaded guilty before U.S. District Judge Kevin McNulty to an indictment charging him with one count of conspiracy to distribute, and one count of possessing with intent to distribute, the controlled substance analogues NM2201 and 5F-AMB. NM2201 and 5F-AMB are most closely related to synthetic Tetrahydrocannabinol, or THC.
According to documents filed in this case and statements made in court:
Since February 2011, the Drug Enforcement Administration (DEA) has been investigating the importation, distribution, and use of designer drugs popularly known as synthetic cannabinoids. “K2” and “Spice” are common examples of synthetic cannabinoids.
Synthetic cannaboids are created when damiana leaves – an inert, plant-like substance – are sprayed with controlled substance analogues and treated with synthetic flavoring. The flavored and treated damiana leaves are then smoked by users.
Charif admitted that on April 13, 2015, he conspired with others to purchase and distribute approximately 10 kilograms of synthetic cannabinoids, including approximately five kilograms of NM2201 and approximately five kilograms of 5F-AMB. Charif also admitted that he purchased liquid flavoring and damiana leaves with the controlled substance analogues, knowing that they would be used to create a product that was smoked or otherwise consumed by users.
NM2201 and 5F-AMB are each controlled substance analogues as defined under the Analogue Act due to the fact that both NM2201 and 5F-AMB have chemical structures and hallucinogenic properties similar to the Schedule I controlled substances 5F-PB-22 and ADB-PINACA, respectively.
In addition to the prison term, Judge McNulty sentenced Charif to two years of supervised release.
Acting U.S. Attorney Fitzpatrick credited special agents of the DEA, under the direction of Special Agent in Charge Carl J. Kotowski, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Melissa Wangenheim of the Organized Crime Drug Enforcement Task Force Unit in Newark.
Nashville Man Pleads Guilty to Federal Firearms Charge for Shooting in Cayce HomesRead the Press Release
Antonio Eugene Boyd, aka Tony T, 37, of Nashville, Tenn., pleaded guilty today in U.S. District Court, to being a convicted felon in possession of a firearm and ammunition, announced Acting U.S. Attorney Jack Smith of the Middle District of Tennessee.
These charges resulted from an incident on September 15, 2016, where Metropolitan Nashville Police officers responded to a shooting in the area of South 7th St. and Sylvan St., within the James A. Cayce public housing development. The subsequent investigation determined that Boyd had been walking down the street with his girlfriend when he saw a blue Dodge Charger approaching. Boyd drew a 9mm semi-automatic from his waistband and fired multiple rounds at the car as it approached, and continued firing as it passed by. Two adults and young children occupied the Charger. The shooting also occurred at approximately 8:00 a.m., when there were school buses and several children outside and in the immediate vicinity.
Boyd told investigators that he had numerous prior altercations with an occupant of the Charger and initially claimed the occupants shot at him first, although the video surveillance did not support the claim that any shots were fired from the vehicle.
Boyd had been previously convicted of multiple felonies, including robbery; possession with intent to sell cocaine; and being a convicted felon in possession of a firearm. The plea agreement in this case requires Boyd to be sentenced to 96 months in prison when he is sentenced on August 21, 2017.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Sunny A.M. Koshy is prosecuting the case.
Mescalero Apache Man Sentenced to 81 Months for Federal Sexual Abuse ConvictionRead the Press Release
ALBUQUERQUE – Darwin Neal Kinzhuma, 52, an enrolled member of the Mescalero Apache Nation who resides in Mescalero, N.M., was sentenced today in federal court in Las Cruces, N.M., to 81 months in prison followed by five years of supervised release for his conviction on a sexual abuse charge. Kinzhuma will also be required to register as a sex offender when he completes his prison sentence.
Kinzhuma was arrested on March 23, 2016, on a criminal complaint charging him with sexually abusing a Mescalero Apache woman on June 28, 2015, on the Mescalero Apache Indian Reservation in Otero County, N.M. Kinzhuma was subsequently indicted on the same charge on Aug. 17, 2016.
On Dec. 21, 2017, Kinzhuma pled guilty to the indictment charging him with aggravated sexual abuse. In entering the guilty plea, Kinzhuma admitted that on June 28, 2015, he sexually abused the victim on the Mescalero Apache Indian Reservation.
This case was investigated by the Mescalero Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
The case was brought pursuant to the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Marshall County, Kentucky, Resident Sentenced to 51 Months in Prison for Bank Fraud and Multiple Counts of Identity FraudRead the Press Release
Ordered to pay $109,064.94 in restitution
PADUCAH, Ky. – A Marshall County, Kentucky, resident was recently sentenced in United States District Court, by Senior Judge Thomas B. Russell, to 51 months in prison, followed by a three year period of supervised release and was ordered to pay $109,064.94 in restitution for committing bank fraud and identity fraud announced United States Attorney John E. Kuhn, Jr
.
Corey Thorson, 41, of Benton, Kentucky pleaded guilty to all charges in a six-count indictment on January 12, 2017 before Judge Russell. He was sentenced on Friday, May 19, 2017, and remains in federal custody.
Between May 2013, and December 2014, Thorson was employed at State Farm Insurance Agency. Thorson, during his employment with State Farm, had access to the personal information of his clients. Using their personal information, Thorson was able to apply for and receive numerous automobile loans under his clients’ names. Thorson used their names, dates of birth, Social Security numbers, and forged his clients’ signatures on the loan documents. Further, he was able to influence State Farm Bank to approve the loans. Thorson knew he did not have authority to apply for or obtain these loans, but did so anyways with the intent to defraud State Farm Bank.
This case was prosecuted by Assistant United States Attorney Nute A. Bonner, and was investigated by the Kentucky Department of Insurance and the Kentucky State Police.
Lea County Felon Sentenced to Prison for Unlawfully Possessing Firearms and AmmunitionRead the Press Release
ALBUQUERQUE – Lewis Templeton, 62, of Eunice, N.M., was sentenced this afternoon in federal court in Las Cruces, N.M., to 46 months in prison followed by two years of supervised release for violating the federal firearms laws.
Templeton was arrested on May 4, 2016, on a criminal complaint charging him with possessing an unregistered firearm and being a felon in possession of a firearm on Nov. 3, 2015, in Lea County, N.M. According to the complaint, on Nov. 3, 2015, law enforcement officers found two rifles and ammunition while executing a search warrant at Templeton’s residence. A search of the National Firearms Registration and Transfer Record (NFRTR) confirmed that one of the firearms, a sawed-off rifle, was not registered with the NFRTR.
According to court documents, Templeton was prohibited from possessing firearms or ammunition because he previously had been convicted of a number of felony offenses. Templeton’s criminal history includes a conviction for conspiracy to possess methamphetamine with intent to distribute.
On Sept. 26, 2016, Templeton pled guilty to a felony information charging him with being a felon in possession of a firearm. In entering the guilty plea, Templeton admitted that on Nov. 3 2015, he possessed two firearms and ammunition even though he was prohibited from possessing firearms and ammunition because of his status as a convicted felon.
This case was investigated by the Las Cruces office of the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the 5th Judicial District Attorney’s Office. Assistant U.S. Attorney Luis A. Martinez of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case.
Jamaican National Pleads Guilty to Federal Gun ChargeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MICHAEL JARAMILLO, also known as “Percy Drains,” 42, a citizen of Jamaica last residing in Hartford, waived his right to be indicted and pleaded guilty today before Chief U.S. District Judge Janet C. Hall in New Haven to one count of possession of a firearm by an alien unlawfully in the United States.
According to court documents and statements made in court, in August 2014, a Homeland Security Investigations Task Force officer investigating a marijuana trafficking and money laundering ring encountered an individual who identified himself as “Percy Drains” at Bradley International Airport after $59,500 was found in a piece of Drains’ luggage. Law enforcement seized the cash as suspected drug proceeds. Drains was subsequently identified as JARAMILLO
The investigation revealed that JARAMILLO arrived in the U.S. from Jamaica in October 2001 and overstayed the time period authorized by his visa. In November 2004, JARAMILLO was charged in the District of Connecticut with marijuana trafficking offenses, but he fled and remained a fugitive for more than a decade. The indictment against him was dismissed in 2016.
On March 21, 2017, investigators encountered JARAMILLO at his residence on Adelaide Street in Hartford. A search of the residence revealed a .40 caliber semi-automatic pistol and numerous rounds of ammunition.
JARAMILLO has been detained since his arrest on March 21. Chief Judge Hall scheduled sentencing for September 6, 2017, at which time JARAMILLO faces a maximum term of imprisonment of 10 years.
This matter has been investigated by Homeland Security Investigations, the Drug Enforcement Administration, the U.S. Marshal Service and the Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
Identity Theft Ring Convicted for Unemployment Fraud and ConspiracyRead the Press Release
Three individuals were convicted following a five-day jury trial in Ann Arbor on charges relating to identity theft, Acting United States Attorney Daniel L. Lemisch announced today.
Lemisch was joined in the announcement by Special Agent in Charge James Vanderberg, Department of Labor - Office of Inspector General, and Wanda Stokes, Director, Michigan Talent Investment Agency, Unemployment Insurance.
Convicted were Kenneth Dixon, Nakita Washington, and Jamela Washington, all from Warren, Michigan. The defendants were charged with use of counterfeit access devices, aggravated identity theft, theft of government money, and conspiracy to commit those offenses.
Evidence presented at trial established that between October 2009 through April 2012, the defendants systematically engaged in a conspiracy to obtain the personal identification information of unsuspecting victims, and then used that information to submit fraudulent on-line claims for unemployment compensation benefits. Over 100 individuals were victimized.
“The guilty verdicts of Kenneth Dixon, Jamela Washington, and Nakita Washington are the culmination of an extensive investigation into a conspiracy that victimized individuals by stealing their identities and defrauded the Michigan Unemployment Insurance Agency of over $400,000”, stated James Vanderberg, Special Agent in Charge, Chicago Region, U.S. Department of Labor, Office of Inspector General. “We will continue to work with our law enforcement partners to safeguard the Unemployment Insurance Program.”
Sentencing for all three has been set for September 19, 2017. Each face a statutory maximum penalty of ten years in federal prison.
The case was investigated by special agents of the Department of Labor, Office of Inspector General with the assistance of the State of Michigan Unemployment Insurance Agency. The case was prosecuted by Assistant U.S. Attorney C. Barrington Wilkins
Hampshire County man guilty of possessing child pornographyRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Shanks, West Virginia man was convicted today of possession of child pornography, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Allen Newcomb, age 58, was charged with one count of “Possession of Child Pornography.” Newcomb pled guilty to the charge today, admitting to possessing child pornography containing children under the age of 12 in June 2016 in Hampshire County.
Newcomb faces up to 20 years incarceration and up to a $250,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Stephen L. Vogrin prosecuted the case on behalf of the government. The Office of Homeland Security investigated.
U.S. Magistrate Judge Robert R. Trumble presided.