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29 June 2017
James Dean Trangsrud Sentenced to Prison in Failure to Register as a Sex Offender CaseRead the Press Release
SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant JAMES DEAN TRANGSRUD, age 51, from Santa Rita, was sentenced today in District Court to a 12-month term of imprisonment, to be followed by three years of supervised release for failure to register as a sex offender. The Court also ordered TRANGSRUD to pay a mandatory $100 assessment fee and to perform 25 hours of community service. In addition, defendant was ordered to register with the sex offender registry in every jurisdiction that he lives, resides, is employed, or attends school.
On March 31, 2017, TRANGSRUD entered a guilty plea to an Indictment charging him with Failure to Register as a Sex Offender, in violation of 18 U.S.C. §§ 2250(a)(1) and (2). The investigation revealed that in 2000, TRANGSRUD, was convicted of Indecent Exposure, Lascivious Acts with a Child, Sexual Abuse and Indecent Contact with a Child in the Iowa District in and for Black Hawk County and was required to register with the sex offender registry. August 12, 2016, TRANGSRUD absconded from Iowa and traveled to Guam where he failed to register and update his registration with the Guam Sex Offender Registry. United States Marshals located TRANGSRUD on February 15, 2017 in the village of Santa Rita, Guam.
The District Court noted the importance of the Guam Sex Offender Registry in the protection of the community. Court imposed sentence of 12-months imprisonment, a special assessment of $100, supervised release of three years, and ordered the defendant to undergo a sex offender assessment approved by the U.S. Probation Office. Additionally, the court restricted the defendant from employment with minors below the age of eighteen and ordered he have no contact with children.
The United States Marshals Service, Inspector Marciano Patricio and USMS Supervising Deputy John Untalan conducted the investigation. The case was prosecuted by Rosetta San Nicolas, an Assistant United States Attorney for the District of Guam.
Illinois Man Pleads Guilty to Attempting to Sexually Exploit Two Minors over X-Box LiveRead the Press Release
BOSTON – An Illinois man pleaded guilty yesterday in federal court in Springfield to two child exploitation charges.
Zack Sawyer, 32, pleaded guilty to two counts of attempted sexual exploitation of minors before U.S. District Court Judge Mark G. Mastroianni, who scheduled sentencing for Sept. 21, 2017.
Around May 2010, Sawyer used X-Box Live to contact two 13 year-old boys in Hampshire County, Mass., and asked them both to send him nude photographs. When the first boy refused, Sawyer threatened to rape and kill him. Sawyer then asked the second boy, and when he, too, refused, Sawyer again threatened rape, adding that he had a drug that would paralyze people.
Sawyer also admitted to enticing a third minor boy in Loudon County, Va., to pose for a sexually explicit picture over the internet. Sawyer met the boy while playing the online game Minecraft. Sawyer also sent a sexually explicit picture of himself to the boy, and Sawyer continued to ask the boy for sexually explicit videos.
The charging statute provides for a mandatory minimum sentence of 15 years and a maximum of 30 years in prison, a mandatory minimum of five years and a maximum of a lifetime of supervised release, a fine of $250,000 and restitution. If the plea agreement is accepted by the Court, Sawyer will be sentenced to 15 years in prison. 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; United States Attorney for the Eastern District of Virginia, Dana J. Boente; Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police; and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Alex J. Grant of Weinreb’s Springfield Branch Office and Assistant U.S. Attorney Jay Prabhu of Boente’s Cybercrime Unit are prosecuting the case.
The case is brought as part of Project Safe Childhood. In 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
Huntingdon County Woman Charged with Misappropriation of Postal FundsRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Mandi Rice, age 34, of Three Springs, Pennsylvania, was charged in a criminal information on June 28, 2017, with misappropriation of postal funds by a postal employee.
According to United States Attorney Bruce D. Brandler, the information alleges that Rice, a former sales associate of the United States Postal Service, misappropriated approximately $1,900 between May 2016 and October 2016.
Under the terms of a plea agreement filed with the criminal information, Rice has agreed to enter a guilty plea and pay restitution. The plea agreement is subject to approval of the court.
The case was investigated by the United States Postal Service, Office of the Inspector General. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
Criminal informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is ten years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Houma Man Sentenced to 5 Years Imprisonment for Receipt of Child PornographyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that REHER MORRIS, age 28, of Houma, was sentenced today after previously pleading guilty to crimes involving the sexual exploitation of children.
U.S. District Judge Jane Triche Milazzo sentenced MORRIS to 60 months, followed by 6 years of supervised release. Additionally, MORRIS was ordered to register as a sex offender under the Sex Offender Registration and Notification Act.
The joint U.S. Department of Homeland Security, Homeland Security Investigations and Louisiana Bureau of Investigations’ Cyber Crime Unit investigation began as a result of a complaint from the National Center for Missing and Exploited Children. Investigators determined MORRIS was downloading images of child pornography at his place of employment in Houma. On December 7, 2015, state and federal investigators executed a search warrant and found MORRIS in possession of an Apple iPhone containing over 12,000 images and 115 videos depicting the sexual exploitation of children.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Acting U.S. Attorney Evans praised the work of the U.S. Department of Homeland Security, Homeland Security Investigations, the Terrebonne Parish Sheriff’s Office, and the Louisiana Bureau of Investigations’ Cyber Crime Unit in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.
Heroin and Methamphetamine Drug Trafficking Organization Dismantled in BakersfieldRead the Press Release
FRESNO, Calif. — A federal grand jury in Fresno indicted eight defendants today for their participation in a methamphetamine and heroin distribution conspiracy. U.S. Attorney Phillip A. Talbert and Special Agent in Charge John J. Martin of the Drug Enforcement Administration’s San Francisco Division made the announcement. The indictment charges Jose Luis Zambrano, 33; Juan Carlos Lopez, 28; Ruben Mojarro, 42; Adalberto Jacobo, 36; all of Bakersfield; Joel Melendez, aka Leonel Rodriguez, 33; Edgar Omar Rodriguez Parra, aka Jesus Burgos Luna, 36; and Alex Castro Portillo, 29, all Mexican nationals; and Manuel Teodoro Aros, 42, of Santa Maria; with conspiracy to distribute and possess with intent to distribute methamphetamine and heroin. Zambrano, Jacobo, Portillo, Parra, and Aros were also charged with other drug trafficking offenses, and Zambrano and Lopez were charged with firearm offenses. According to court documents, Zambrano was the head of a drug trafficking organization that from March 1, 2016, through June 16, 2017, imported and distributed large amounts of methamphetamine and heroin to the Bakersfield area and other locations. In order to intimidate others, protect their narcotics and cash, and enforce drug debts, some members of the organization carried firearms and wore protective body armor. On June 23, 2017, arrest and search warrants targeting the organization were executed and resulted in the seizure of narcotics. Zambrano, Lopez, Mojarro, Aros, and Jacobo, were arrested and remain in custody. Joel Melendez, Edgar Omar Rodriguez Parra, and Alex Castro Portillo are fugitives. This case is the product of an investigation by the Drug Enforcement Administration, the California Highway Patrol, and the Bakersfield Police Department with assistance from Kern County Probation Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Internal Revenue Service, Criminal Investigation. Assistant U.S. Attorney Brian K. Delaney is prosecuting the case. If convicted, all defendants face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Fugitive Joel Melendez, aka Leonel Rodriguez fugitive Alex Castro Portillo, 29 fugitive Edgar Omar Rodriguez Parra, aka Jesus Burgos LunaGuatemalan man indicted on an illegal alien chargeRead the Press Release
WHEELING, WEST VIRGINIA - A Guatemalan man has been indicted by a federal grand jury sitting in Clarksburg on a reentry of a removed alien charge, Acting United States Attorney Betsy Steinfeld Jividen announced.
Ricardo Ramirez-Ramirez, age 34, was indicted on one count of “Reentry of Removed Alien.” Ramirez-Ramirez, having previously been removed from Arizona, allegedly was found in Ohio County in May 2017 without consent.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. Immigrations and Customs Enforcement and the Wheeling Police Department are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Guatemalan National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Guatemalan national was charged today in federal court in Boston with illegally reentering the United States after being deported.
Noe Estuardo Castaneda Marroquin, 31, was charged today with one count of illegal reentry after deportation. Castaneda Marroquin was previously deported on May 19, 2005. On June 12, 2017, law enforcement encountered Castaneda Marroquin in Barnstable and determined him to be illegally present in the United States.
Castaneda Marroquin faces a sentence of no greater than two years in prison, one year of supervised release, a fine of $250,000, and 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 Suzanne Sullivan Jacobus of Weinreb’s Major Crimes Unit is prosecuting the case.
Guatemalan National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Guatemalan national was charged today in federal court in Boston with a federal immigration crime.
Mario Antonio Najera-Salguero, 30, was charged today with one count of illegal reentry after deportation. Najera-Salguero was previously deported on Nov. 13, 2009. On June 14, 2017, law enforcement encountered Najera-Salguero in Boston and determined him to be illegally present in the United States.
Najera-Salguero faces a sentence of no greater than two years in prison, one year of supervised release, a fine of $250,000, and 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 Suzanne Sullivan Jacobus of Weinreb’s Major Crimes Unit is prosecuting the case.
Guatemalan Man Sentenced for Illegal Re-EntryRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that HECTOR BARRIOS-PATINO, age 37, a citizen of Guatemala, was sentenced today after previously pleading guilty to a one-count Indictment for illegal re-entry of removed alien.
U.S. District Judge Nannette Jolivette Brown sentenced BARRIOS-PATINO to 21 months’ imprisonment, followed by three years supervised release. Following completion of his sentenced, BARRIOS-PATINO will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
BARRIOS-PATINO has a prior felony conviction for DWI and had been removed from the United States on multiple occasions.
Acting U.S. Attorney Duane A. Evans praised the work of the U.S. Immigration and Customs Enforcement in investigating this matter.
Government contractor indicted on charges involving the theft and sale of government propertyRead the Press Release
CLARKSBURG, WEST VIRGINIA - A Virginia man was indicted by a federal grand jury on theft charges, Acting United States Attorney Betsy Steinfeld Jividen announced.
Richard Alan Millette, of Winchester, Virginia, age 29, was indicted on one count of “Theft of Government Property” and two counts of “Unauthorized Sale, Conveyance, and Disposition of Government Property.”
From 2011 to May 2017, Millette was a government contractor with the U.S. Department of State (DOS). At DOS, Millette worked as a special skills tactics instructor at the DOS Diplomatic Security Interim Training Facility, located at Summit Point, Jefferson County, West Virginia.Millette allegedly acquired ballistic vests and combat helmets valued at more than $16,000. He is accused of selling them online and trading them for other items. The crimes are alleged to have occurred from March 2016 to March 2017.
Assistant U.S. Attorney Anna Z. Krasinski and U.S. Department of Justice Attorney Jennifer Ballantyne are prosecuting the case on behalf of the government. The U.S. Department of State Office of Inspector General is investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Founder of DECA Financial Service in Fishers sentenced in fraud caseRead the Press Release
PRESS RELEASE
INDIANAPOLIS B United States Attorney Josh Minkler announced today the sentencing of a former financial institution owner after pleading guilty to wire fraud, bank fraud and bankruptcy fraud charges. Todd J. Wolfe , 54, was sentenced to 51 months (over four years) imprisonment by U.S. District Judge Tanya Walton Pratt.
“Defrauding a financial institution effects all honest, hardworking individuals,” said Minkler. “Anyone who uses their position to abuse the public’s trusts will be held strictly accountable.”
Since 2009, Wolfe operated DECA Financial Services in Fishers, Indiana. DECA was a full service credit collections company which at one time employed nearly 75 individuals and whose principal activity was to collect delinquent loans for health care, student loans and financial services.
On two occasions, Wolfe filed false financial reports to BMO Harris bank inflating the assets of his company. The false reports allowed Wolfe to obtain lines of credit which he in turn used for personal expenses. Over a two and one half year period, the credit extended to Wolfe increased from $1 million to $7.5 million. Affidavits show he used some of the money to make payments on his personal residence, an automobile, personal credit card accounts and a lake house.
In June 2013, Wolfe agreed to sell an individual $1 million in DECA stock which represented 5% ownership in the company. The victim was never repaid anything for his stock purchase. Wolfe used some of the $1 million to purchase a 2011 Audi 5S automobile. In February 2014, creditors forced Wolfe into bankruptcy. An attorney representing Wolfe and DECA filed a motion with the court stating Wolfe had a living trust worth over $14 million, which could be used to repay creditors. The actual value of the trust was $52,000. The misrepresentation delayed the appointment of an independent trustee to oversee the operation of and access to books and records.
This was a joint investigation with the Federal Bureau of Investigation and the United States Trustee for Region 10.
“Today’s sentence reaffirms the FBI’s commitment to finding those who use their positions of trust to pad their pockets and enhance their lifestyle by defrauding financial institutions,” said W. Jay Abbott, Special Agent in Charge of the FBI’s Indianapolis Division. “I applaud the hard work of our agents and those of the Southern Indiana Bankruptcy Fraud group who dedicated many hours to this case.”
“Together with U.S. Attorney Minkler and our law enforcement partners, we will continue to pursue fraud and abuse in bankruptcy cases,” stated Nancy Gargula, U.S. Trustee for Indiana and Central and Southern Illinois (Region 10)
U.S. Trustee Program is the component of the Justice Department that protects the integrity of the bankruptcy system by overseeing case administration and litigating to enforce the bankruptcy laws. Region 10 is headquartered in Indianapolis, with additional offices in South Bend, Ind., and Peoria, Ill. charges resulted, in part, from a referral by the U.S. Trustee for Indiana and Central and Southern Illinois (Region 10) to the U.S. Attorney. Assistance with the investigation was provided by members of the Southern Indiana Bankruptcy Fraud Working Group coordinated by the U.S. Trustee.
Winfield Ong, Criminal Chief for the U.S. Attorney’s Office, said Wolfe must serve three years of supervised release following his sentence and make restitution of $5,023,613 to his victims.
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Former Steel Valley Authority Financial Manager Indicted on Fraud ChargesRead the Press Release
PITTSBURGH – A Westmoreland County resident has been indicted by a federal grand jury in Pittsburgh on charges of bank fraud and mail fraud, Acting United States Attorney Soo C. Song announced today.
The five-count indictment, returned on June 27, named Nicolette Gizzi, age 44, of North Huntingdon, PA as the sole defendant.
According to the indictment, from December 2009 through approximately June 2016, Gizzi, who was employed as the Financial Manager for Steel Valley Authority, issued checks to herself and her credit card company, without authorization, and forged the required signatures. The checks were drawn on Steel Valley Authority’s PNC Bank business account. Steel Valley Authority is funded primarily by federal grants.
Also according to the indictment, Gizzi, who had a previous federal conviction in South Carolina, fraudulently completed and mailed an Answer to a Writ of Garnishment by forging a signature of a former employee, forging a notary public signature and understating her income. The Writ of Garnishment was issued in an attempt to collect restitution on the prior conviction.
The law provides for a maximum total sentence of 30 years in prison, a fine of $1,000,000 or both for each count of bank fraud and 20 years in prison, a fine of $250,000 or both for the single count of mail fraud. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Lee J. Karl is prosecuting this case on behalf of the government.
The U.S. Department of Labor, Office of Inspector General, the Federal Bureau of Investigation and the U.S. Department of Housing and Urban Development, Office of Inspector General conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Quincy Man Indicted for $1.7 Million Real Estate Fraud Scheme and Ex-Wife Indicted for LyingRead the Press Release
BOSTON – A man who had been a fugitive for more than 20 years before his arrest in Florida in April 2017, was indicted yesterday in connection with a $1.7 million real estate investment fraud scheme in Quincy, Mass. His ex-wife was also indicted for lying about the whereabouts of her former spouse prior to his arrest.
Scott J. Wolas, 68, who, according to court documents, also used aliases identified by initials EJD, DD, FA, EA, and CS, was indicted on seven counts of wire fraud and one count of aggravated identity theft. In April 2017, Wolas was arrested in Delray Beach, Fla., and charged in a complaint. He has been detained pending trial.
Cecily Sturge, 69, of Delray Beach, Fla., was indicted on charges of making a materially false statement to a federal agent about the whereabouts of her ex-husband, Scott J. Wolas. Earlier this month, Sturge was arrested and charged by criminal complaint.
According to court documents, from at least 2009 through 2016, Wolas, using the name Eugene Grathwohl, operated a real estate business known as Increasing Fortune Inc., and worked as a licensed real estate agent for Century 21 in Quincy. From 2014 through 2016, he solicited investments for the development of the Beachcomber Bar property on Quincy Shore Drive and for the construction of a single-family home on the adjacent property. He collected more than $1.7 million from at least 20 investors and promised each of them a significant return on their investments. He allegedly promised to pay out at least 125% of the profits related to the single-family home construction. The court documents also indicate that the bank account into which Wolas deposited investor funds has been drained, and that Wolas used the money mostly for his personal expenses unrelated to development of the real estate projects.
Wolas was scheduled to close on the Beachcomber property on Sept. 15, 2016. A week before, however, he left Quincy and ceased all contact with his then-girlfriend, his co-workers, and his investors. Law enforcement then discovered that Grathwohl was actually Wolas, a former lawyer who had been a fugitive since 1997 after being charged with fraud and grand larceny in New York. The real EJG resides in Florida and is known to Wolas.
According to court documents, law enforcement officers interviewed Sturge, Wolas’ ex-wife, on Nov. 17, 2016. During the interview, Sturge said that she had not been in contact with her ex-husband for approximately 15 years. Sturge continued to say that this was so, despite evidence of contact between her cell phone and one known to belong to Wolas that demonstrated more recent communication between the two.
After further investigation, Wolas was arrested on April 7, 2017, at a condominium he was renting in Delray Beach, Fla. Investigators learned that Wolas had first rented the room in the condo from Nov. 12 through Nov. 21, 2016, through an online rental website in the name of Cecily Sturge. Messages exchanged between the condo owner and Sturge depicted a photo of Sturge and messages claiming that Wolas (using the name Cameron Sturge) was Sturge’s brother and a retired paleontologist in need of a place to stay. The owner of the condo told authorities that Sturge and Wolas arrived at the condo together in the same car on Nov. 12, 2016, five days before Sturge’s interview with law enforcement.
Sturge was divorced from Wolas in 2001 by default judgment in Palm Beach County, Fla. In February 2017, Sturge filed a petition to modify the judgment in order to obtain the contents of Wolas’ retirement account, which had a balance of approximately $647,000, from the New York law firm where he worked prior to being indicted in 1997 by New York authorities. In pleadings filed in February and March 2017 regarding that matter, Sturge swore that Wolas’ whereabouts were unknown to her, despite telephone records showing frequent contact between the two. In addition, copies or drafts of documents filed in the Florida proceeding, along with a thumb drive, were found in the room where Wolas was arrested. The United States has obtained a court order freezing the retirement account until the resolution of the criminal proceedings.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of up to $250,000 or twice the gross gain or loss. The charge of aggravated identity theft provides for a minimum of two years in prison, which must be served consecutively to any term for the wire fraud, one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the US sentencing guidelines and other statutory factors.
Acting United States Attorney William Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; Scott Antolik, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division; and Quincy Police Chief Paul Keenan, made the announcement. Assistant U.S. Attorneys Sandra S. Bower of Weinreb’s Criminal Division and David G. Lazarus and Brendan Mockler of Weinreb’s Civil Division are prosecuting the case.
Former Prison Transport Officer Indicted for Sexual Assault and Threatening the Victim with a FirearmRead the Press Release
A federal grand jury in Phoenix, Arizona, returned a three-count indictment against Eric Scott Kindley, 49, a prison transport officer, for crimes related to his sexual assaults of a female in his custody, and using his firearm in furtherance of these assaults.
Counts One and Two of the indictment charge Kindley with committing civil rights offenses that include both the use of a dangerous weapon and aggravated sexual abuse. Count Three charges Kindley with knowingly possessing a firearm in furtherance of these crimes of violence.
This indictment stems from Kindley’s arrest in Stockton, California on June 1, 2017, in connection with a criminal complaint filed in the District of Arizona. According to arrest paperwork, Kindley operates Group 6, LLC doing business as Special Operations Group 6, a company that local jails throughout the country hire to transport individuals who have been arrested on out-of-state warrants. The probable cause affidavit associated with the criminal complaint alleged that from January through May of this year, Kindley engaged in sexual misconduct in his Dodge Caravan with three different female prisoners during three different transports. The transports were from California to Arizona, Alabama to Arizona, and Mississippi to New Mexico. In each instance, the victim was handcuffed and restrained, and taken to secluded locations where Kindley sexually assaulted her. All the while, Kindley threatened each victim with his firearm and warned her that he will get away with his conduct because no one will believe her.
Following Kindley’s arrest in the Eastern District of California, the court ordered that Kindley be detained and transported to Arizona for further proceedings. Kindley is currently in custody.
This investigation remains ongoing. Anyone with additional information is encouraged to call the Phoenix Division of the FBI at (623) 466-1999, or can email the Criminal Section of the Civil Rights Division at the U.S. Department of Justice at [email protected].
Kindley faces a maximum of life in prison if convicted of the crimes charged, and a mandatory minimum of five years in prison for use of the firearm.
An indictment is merely a formal accusation of criminal conduct, and Kindley is presumed innocent unless proven guilty.
This case is being investigated by the Phoenix Division of the Federal Bureau Investigation and is being prosecuted by Special Litigation Counsel Fara Gold and Trial Attorney Maura White of the Criminal Section of the Civil Rights Division of the U.S. Department of Justice and Assistant United States Attorney Abbie Broughton Marsh of the District of Arizona.
Former EMT and Volunteer Firefighter Charged with Production of Child PornographyRead the Press Release
NEWARK, N.J. – An Iselin, New Jersey, man who worked as an emergency medical technician and volunteer firefighter was charged today with soliciting a child to take nude pictures of himself and send them online, Acting U.S. Attorney William E. Fitzpatrick announced.
Zachary Motta, 22, is charged by complaint with one count of sexual exploitation of children. He appeared in Newark federal court today before U.S. Magistrate Judge Steven C. Mannion and was detained.
According to the complaint:
Beginning in October 2016, Motta engaged in sexually explicit communications with a boy who told Motta that he was 12-years old. Over the course of their correspondence, Motta sent the minor victim images of himself in his EMT and firefighter uniforms and asked the boy to send him nude pictures. Motta warned the boy, “Just don’t get caught.” In response to Motta’s requests, the boy sent Motta nude images of his genitals on two occasions.
The charge of sexual exploitation of a child carries a mandatory minimum penalty of 15 years in prison, a maximum potential penalty of 30 years in prison and a $250,000 fine.
Acting U.S. Attorney Fitzpatrick credited special agents with the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and the Middlesex County Prosecutor’s Office, under the direction of Andrew C. Carey, with the investigation.
The government is represented by Assistant U.S. Attorney Danielle Alfonzo Walsman of the U.S. Attorney’s Office Criminal Division in Newark.
The charge and allegations in the complaint are merely accusations, and Motta is presumed innocent unless and until proven guilty.
Defense counsel: Assistant Federal Public Defender Carol Gillen
Former Cartersville Police Officer charged with obstructing an FBI Drug Trafficking InvestigationRead the Press Release
ROME Ga. - Bryson-Taylor Wayne Banks, 31, of Cartersville, Georgia, has been arraigned on multiple federal charges, including unlawfully accessing a law enforcement database and disclosure of confidential information. Banks was a Cartersville Police Officer who was assigned to a DEA task force and allegedly used his access to law enforcement databases to alert an informant and drug traffickers to an active federal investigation.
“The defendant allegedly used his position to tip off drug traffickers to an active FBI investigation,” said U.S. Attorney John A. Horn. “His conduct is shocking, especially from someone sworn to uphold the law. Leaks of sensitive investigative information undermined the hard work of law enforcement officers and put them in real danger.”
“The federal investigation and its subsequent federal charges in this matter was unfortunate but necessary. A separate extensive and intensive federal investigation was clearly being negatively impacted by someone who was believed to be a law enforcement officer with inside information. The resulting investigation alleged that this officer was Cartersville P.D. Officer Banks who will now have to answer to these very serious allegations in a U.S. District Court,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
Daniel R. Salter, the Special Agent in Charge of the DEA Atlanta Field Division said of the case, "This Cartersville police officer, assigned to the DEA Task Force, was sworn to uphold the law and protect the public from harm. Instead, he violated his oath by unlawfully accessing a law enforcement database and disclosing confidential information. Thanks to the dedicated law enforcement officers and the U.S. Attorney’s Office who worked tirelessly to make this investigation a success.”
“The Cartersville Police became aware of these allegations, and immediately initiated an internal investigation. Within two weeks, of the start of the investigation, Officer Bryson Taylor Banks was terminated for issues related to conduct, over two years ago. The Cartersville Police Department has been in full cooperation with all agencies involved pertaining to this investigations conclusion,” said Lieutenant Michael Bettikofer, Public Information Officer, Cartersville Police Department.
According to U.S. Attorney Horn, the charges, and other information presented in court: From October 2008 until August 2015, Banks served as a Cartersville Police Officer. As a law enforcement officer, Banks used a confidential informant who provided Banks with inside information about several drug traffickers.
In 2014, however, Banks allegedly began giving the informant information from a confidential law enforcement database, which allowed the informant to warn drug traffickers about the presence of law enforcement. Furthermore, in 2014 and 2015, the FBI was investigating a drug trafficking organization, which included an inmate in a Georgia state prison who was using contraband cellular telephones to coordinate drug deals. In July 2015, the FBI obtained court authorization to wiretap two of the inmate’s cellular telephones. On multiple occasions, the inmate was intercepted discussing drug trafficking activities with fellow drug trafficker Tomas Pineda Mendoza.
On the morning of August 11, 2015, the FBI informed Banks of its wiretap investigation of the inmate, including the fact that the inmate was arranging for the distribution of two kilograms of methamphetamine to Mendoza to occur at 2:00 p.m. that same day. Following this conversation, Banks allegedly warned his informant to advise Mendoza not to pick up drugs that day, and if he did, he would go to jail. Banks then disclosed the FBI wiretap of the inmate’s phones to his informant. Later that day, the FBI intercepted communications which revealed that the inmate had learned of the wiretap. The inmate then discontinued the use of his telephones, and the FBI investigation was compromised.
Banks has been charged as follows:
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Unlawful Notification of Electronic Surveillance;
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Unlawful Disclosure of Wire, Oral, or Electronic Communications;
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Use of a Communication Facility in Causing or Facilitating the Commission of Felonies Under the Controlled Substances Act;
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Misprision of a Felony;
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Unlawfully Accessing a Law Enforcement Database; and
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Disclosure of Confidential Information.
The indictment also alleges that in July 2015, Banks sent his informant a photograph of another law enforcement confidential informant. Banks advised his informant to stay away from that individual because they worked with law enforcement.
Bryson-Taylor Wayne Banks, 31, of Cartersville, Georgia, was arraigned before U.S. Magistrate Judge Walter E. Johnson. Banks was indicted by a federal grand jury on June 27, 2017.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Federal Bureau of Investigation.
Assistant U.S. Attorney Michael Herskowitz is prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
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Former Bank President Sentenced to Five Years for Bank Fraud SchemeRead the Press Release
PENSACOLA, FLORIDA – Anthony J. Atkins, 51, of Eufaula, Alabama, was sentenced yesterday to 63 months in prison and ordered to pay more than $2.4 million in restitution for conspiracy to commit bank fraud, four counts of false statements to a federally insured financial institution, bank fraud, and mail fraud affecting a financial institution. Atkins was convicted by a jury on March 10, 2017. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
In 2007, an individual went to Anthony J. Atkins, the president of GulfSouth Private Bank, and notified Atkins that the individual’s company, which had been loaned $3.4 million, was no longer able to make payments on the mortgage loans issued by GulfSouth Private Bank that had been secured by three condominiums. To conceal that the $3.4 million in loans were going into default, Atkins devised a scheme to conceal the bad debt.
As a part of the scheme, Atkins and Samuel D. Cobb, who was a vice president at GulfSouth, solicited Bruce A. Houle, Mark W. Shoemaker, Michael Bradley Bowen, and William Blake Cody to take out new loans with the bank to purchase the three condominiums. To persuade Houle, Shoemaker, Bowen, and Cody to engage in the scheme, Atkins and Cobb told these individuals that the loans would be non-recourse, meaning that, if the men defaulted, GulfSouth would have no recourse against them.
Thereafter, Atkins and Cobb caused new mortgage loans and additional lines of credit to be issued for approximately $3.8 million to the men they had solicited. According to the terms of the fraudulent loans issued during the scheme, the men Atkins and Cobb solicited were not required to make any payments on the loans until the loans came due months down the road. These new loans were then used to pay off the old loans that were going into default. Issuing these new loans and new lines of credit created the appearance that the debt was “performing,” which allowed Atkins to avoid having to report the loans associated with the condominiums as bad debt. Further, as a part of the scheme, Atkins and Cobb caused fraudulent security agreements to be prepared that falsely represented that Houle, Shoemaker, Bowen, and Cody were obligated to repay their respective new mortgage loans and lines of credit.
In September 2009, GulfSouth received $7,500,000 in Troubled Asset Relief Program (“TARP”) funds from the United States Treasury. Thereafter, Atkins and Cobb allowed the condominiums that were collateral for the mortgage loans to be sold in short sales, resulting in a loss to GulfSouth. Further, Atkins allowed the deficiencies and the lines of credit to be charged off of GulfSouth’s books and records.
This case resulted from a joint investigation by the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) and the Federal Deposit Insurance Corporation Office of Inspector General (FDIC-OIG).
“This bank fraud case is a reminder that my office will vigorously prosecute those who do not conduct ethical transactions, especially financial representatives who abuse their positions of trust,” said U.S. Attorney Canova. “I commend the hard work of the investigators and prosecutors who enforce our federal laws and ensure that justice is served.”
“Today, a federal court sentenced to prison a bank president along with the bank’s vice president, who were investigated and arrested by SIGTARP,” said Special Inspector General Christy Goldsmith Romero (SIGTARP). “Taxpayers lost $7.5 million in TARP dollars invested in Gulfsouth Private Bank – a bank that failed after being led by the top two officers committing bank fraud. Bank president Tony Atkins brought in friends and family as co-conspirators in this conspiracy to make troubled loans appear current. Each of those co-conspirators have been convicted. I want to thank the U.S. Attorney for the Northern District of Florida for unwavering dedication, including Assistant United States Attorney Tiffany Eggers who was committed to seeking justice.”
“The Federal Deposit Insurance Corporation – Office of Inspector General is committed to its partnerships with others in the law enforcement community as we address bank fraud cases throughout the country. The American people need to be assured that we are working to ensure integrity in the financial services industries and that those involved in criminal activities that undermine that integrity will be held accountable.” said Jason Moran, Special Agent in Charge, FDIC-OIG.
Assistant United States Attorney Tiffany H. Eggers prosecuted the case.
The U.S. 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 public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the U.S. Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Five Individuals Indicted for Using the U.S. Mail to Commit Several Federal OffensesRead the Press Release
SAN JUAN, P.R. - On June 27, 2017, a Federal Grand Jury in the District of Puerto Rico returned four separate indictments charging five individuals with several offenses against the United States by using the U.S. Mail, announced United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez Vélez. These cases were investigated by the U.S. Postal Service Office of Inspector General (USPS-OIG) with the collaboration of the Drug Enforcement Administration (DEA) and the Puerto Rico Police Department (PRPD).
The defendants and the charges they are facing are the following:
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Mary T. Rivera-Rivera, U.S. Postal Service employee, two counts for theft of mail and two counts for delay of mail.
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Yoel A. Escobales-Ramos, U. S. Postal Service Contractor, two counts for theft of mail and one count for obstruction of correspondence.
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Orlando Sánchez-Abreu, U.S. Postal Service employee, one count for possession with the intent to distribute controlled substances, one count for using the USPS Mail facilities to commit a felony, and one count for delay of mail.
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Ismael Berríos-Berríos, U.S. Postal Service employee, two counts for delay of mail; and Nicolás Padilla-Baez, facing one count for obstruction of correspondence.
“The US Attorney’s Office will continue to vigorously pursue those who utilize the U.S. Mail to commit federal offenses and steal other people’s mail,” said United States Attorney Rosa Emilia Rodríguez-Vélez. “Hopefully, the defendants recognize the severity of their actions and others will be discouraged from getting involved in these types of schemes, because we will continue prosecuting these crimes.”
Eileen Neff, Special Agent-in-Charge, U.S. Postal Service Office of Inspector General said: “Special Agents of the U.S. Postal Service Office of Inspector General vigorously investigate and pursue the criminal prosecution of U.S. Postal Service employees and others who would defraud the U.S. Postal Service or utilize its services in their criminal schemes. We thank the U.S. Attorney’s Office and the Drug Enforcement Agency for their assistance with our investigations.”
Special Assistant United States Attorney Amanda C. Soto-Ortega is in charge of the prosecution of these cases. If convicted, the defendants could face a maximum penalty of 5 years of imprisonment and/or fines of up to $250,000.00. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent unless and until proven guilty.
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Five Charged in $28 Million Nutraceuticals Credit Card Fraud Affecting Thousands of ConsumersRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and David E. Beach, Special Agent-in-Charge of the New York Field Office of the U.S. Secret Service (“USSS”), announced today the unsealing of charges against JAMES BECKISH, RICHARD WITCHER, JAMES TONER, PETER O’BRIEN, and JOSEPH ANTHONY DEMARIA for their respective roles in operating a series of companies between 2013 and 2016 that were used as a cover to place approximately $28 million of unauthorized charges on thousands of consumers’ credit cards. The websites of the defendants’ companies purported to sell products like dietary supplements but, in reality, were primarily used to repeatedly bill consumers who never ordered their products, or even if they did, almost never received them. All of the defendants were arrested today and presented before Magistrate Judges in the District of New Jersey, the Middle District of Florida, and the Southern District of Florida.
Acting Manhattan U.S. Attorney Joon H. Kim said: “These defendants allegedly created and operated more than 100 companies that specialized in one service: ripping off consumers and credit card companies. By allegedly billing consumers for dietary supplements they didn’t order or receive, the defendants reaped millions of dollars, affecting thousands of consumers and leaving credit companies holding the bag. Thanks to the U.S. Secret Service, this scheme is over.”
Secret Service Special Agent-in-Charge David E. Beach said: “The Secret Service is committed to aggressively investigating these offenses. Emerging technologies and cyber capabilities enable criminal networks to evolve and significantly impact financial markets. This case is another example of the transnational investigative capabilities of the United States Secret Service. Our developed partnerships with other federal, state and local law enforcement agencies as well as private sector stakeholders, enables us to focus our resources to uncover, investigate and prevent these crimes more effectively.”
According to the Complaint unsealed today in Manhattan federal court:[1]
Between 2013 and 2016, BECKISH, WITCHER, TONER, O’BRIEN, DEMARIA and others, created and operated more than 100 companies that purported to sell dietary supplements and similar products called “nutraceuticals.” Although the companies were purportedly distinct, they nonetheless marketed similar products on websites that contained similar photographs, were hosted by the same entity, had similar typographical errors, and used the same or nearly identical JavaScript coding. These websites were used by the defendants and others to serve as justification for unauthorized and recurring charges that were placed on tens of thousands of credit card numbers that the defendants had illicitly purchased or obtained, or had acquired from consumers who had attempted to order the products in question. For example, in one email between TONER and BECKISH in October 2013, TONER stated that they could simply charge unsuspecting customers by falsely “say[ing] they opted in online for something.” In total, more than $28 million in fraudulent charges were placed during the duration of the scheme.
BECKISH, WITCHER, TONER, O’BRIEN, DEMARIA, and others created these different companies and websites, moreover, because they knew that credit card processors would stop doing business with them over time as consumers noticed the unauthorized charges and sought refunds. These refunds, called “chargebacks” by credit card processors, are generally low for legitimate businesses but reached extremely high percentages for many of the companies associated with the defendants’ scheme. In certain instances, the chargeback rates quickly approached or even exceeded 20 percent – that is, consumers were seeking refunds of more than 20 percent of the charges placed by certain of the defendants’ companies. Credit card processors, in turn, paid millions of dollars in refunds for fraudulent charges associated with the defendants’ companies between 2013 and 2016 in attempts to refund affected consumers.
* * *
BECKISH, WITCHER, TONER, O’BRIEN, DEMARIA are each charged with one count of conspiring to commit wire fraud and one count of wire fraud, each of which carries a maximum sentence of 20 years in prison. In addition, they each are charged with one count of aggravated identity theft, which carries a mandatory consecutive sentence of two years in prison. The charges also carry a maximum fine of $250,000, or twice the gross gain or loss from the offenses. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
Mr. Kim praised the investigative work of the USSS and expressed his gratitude for the assistance of the Offices of the United States Attorney in the District of New Jersey, the Southern District of Florida, and the Middle District of Florida.
This case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Danielle Sassoon and Robert Allen are in charge of the prosecution.
The allegations contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Federal, State and Tribal Trustees Reach $8.2 Million Settlement with Three Companies for Natural Resource Damages Incurred at St. Louis River / Interlake / Duluth Tar Superfund SiteRead the Press Release
The U.S. and the States of Minnesota and Wisconsin today announced an $8.2 million settlement with XIK, LLC, Honeywell International, Inc., and Domtar, Inc. to resolve a claim for natural resource damages at the St. Louis River / Interlake / Duluth Tar (SLRIDT) Superfund Site brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as the Superfund Law. The SLRIDT Site consists of 255 acres of land and river embayments located primarily in Duluth, Minnesota, and extends into the St. Louis River, including Stryker Bay.
According to the complaint, filed simultaneously with the settlement today in the District of Minnesota, the three companies are liable for industrial discharges of polycyclic aromatic hydrocarbons (PAHs) at the SLRIDT Site during the first half of the 20th Century. PAHs were identified in river sediments throughout the Site in sufficient concentrations to cause injury to many types of natural resources, including vegetation, fish and birds. In addition, PAH-contaminated natural resources resulted in the loss of recreational fishing and tribal use services.
“The restoration work enabled by this settlement will make significant contributions to the environment in the area of the St. Louis River and nearby Lake Superior,” said Acting Assistant Attorney General Jeffrey H. Wood of the Department of Justice’s Environment and Natural Resources Division. “We are particularly pleased to have been able to work alongside the State of Wisconsin, the State of Minnesota, affected Tribes, the U.S. Department of Interior, and the National Oceanic and Atmospheric Administration on achieving this positive outcome.”
Under CERCLA, federal, state, and tribal natural resource trustees have authority to seek compensation for natural resources harmed by hazardous industrial waste and by-products discharged into the St. Louis River. The natural resource trustees include the U.S. Department of the Interior, acting through the U.S. Fish and Wildlife Service and the Bureau of Indian Affairs; the U.S. Department of Commerce, acting through the National Oceanic and Atmospheric Administration; the Fond du Lac Band of Lake Superior Chippewa; the 1854 Treaty Authority, representing the Grand Portage Band of Lake Superior Chippewa and the Bois Forte Band of Chippewa; the Minnesota Pollution Control Agency; the Minnesota Department of Natural Resources; and the Wisconsin Department of Natural Resources.
The proposed settlement includes $6.5 million to be used on restoration activities consistent with a proposed Restoration Plan/Environmental Assessment that is also being made available for public review and comment today. Of the possible restoration alternatives, the draft Restoration Plan recommends:
- Kingsbury Bay: Restoration of a 70-acre shallow, sheltered embayment habitat that will add recreational access areas for fishing and a boat launch, improve habitat and reduce invasive vegetation.
- Kingsbury Creek Watershed: Activities to reduce sediment accumulation, improve water quality and support the shallow sheltered bay habitat of the restored Kingsbury Bay.
- Wild Rice Restoration: Enhancement of wild rice stands within the estuary.
- Cultural Education Opportunities: Development of informational displays to communicate importance of the St. Louis River estuary’s cultural and natural resources.
The three Defendants previously paid approximately $80 million to clean up the SLRIDT Superfund site under prior agreements with the Minnesota Pollution Control Agency.
The consent decree is subject to a 30 day public comment period and final approval by the court. A copy of the consent decree is available on the Department of Justice web site at www.usdoj.gov/enrd/Consent_Decrees.html.
The draft Restoration Plan/Environmental Assessment is also subject to a 30 day public comment period and is available for review at: https://www.pca.state.mn.us/waste/st-louis-river-interlakeduluth-tar-site. Paper copies may be requested by calling 651-259-5157 or 888-646-6367.
Federal Protective Service Officer Indicted for Civil Rights ViolationRead the Press Release
LOS ANGELES – An officer with the Department of Homeland Security’s Federal Protective Service was named today in an indictment that charges him with violating the civil rights of a person in handcuffs by kicking him in the head.
Jason Michael Rouswell, 46, of the El Sereno District of Los Angeles, was charged with one count of deprivation of rights under color of law in relation to the October 20, 2016 incident.
Rouswell, who holds the rank of inspector with the Federal Protective Service, is accused of kicking the victim in the head after the victim had already been handcuffed and while the victim was face down in a prone position. The incident took place outside the offices of the Social Security Administration in Pomona.
The indictment charges Rouswell with willfully depriving the victim of the right to be free from the use of unreasonable force by one acting under the color of law. The indictment further alleges that the victim suffered bodily injury.
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.
Rouswell has agreed to self-surrender to federal authorities on July 5 to face the charge in the indictment.
The civil rights offense alleged in the indictment carries a statutory maximum sentence of 10 years in federal prison.
The case against Rouswell is the result of an investigation by the Department of Homeland Security’s Office of Inspector General and the FBI.
The case is being prosecuted by Assistant United States Attorney Bryant Yang of the General Crimes Section.
Federal Jury Convicts Bank RobberRead the Press Release
CHARLOTTE, N.C. – A federal jury in the Western District of North Carolina convicted Ronald McKnight, 44, of Charlotte, of two charges of bank robbery, following a two-day trial that ended today, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina.
U.S. Attorney Rose is joined in making today’s announcement by John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation in North Carolina, and Chief Kerr Putney of the Charlotte Mecklenburg Police Department.
Evidence presented at trial established that on January 5, 2015, McKnight entered a Fifth Third Bank branch located at 212 South Tryon Street in Charlotte, and presented a note to the teller that read, “Robbery. 100’s 50’s 20’s. No die packs.” The teller handed over $1,732 in U.S. currency from her drawer and McKnight left. Then, on January 9, 2015, McKnight entered a second bank, a Wells Fargo Bank branch located at 2910 South Boulevard, in Charlotte, and presented a note to the teller, using the same wording as in the previous robbery. The teller handed over $1,660 and McKnight left. McKnight was arrested later that same day.
McKnight has been in federal custody since January 2015. He will remain in custody until his sentencing date, which has not been set. McKnight faces a statutory maximum sentence of 20 years for each charge, and a fine of up to $250,000.
The FBI and CMPD led the investigation. Assistant U.S. Attorney Steven R. Kaufman is prosecuting the case.
Fall River Man Sentenced for Cocaine and Heroin DistributionRead the Press Release
BOSTON – A Fall River man was sentenced Tuesday in federal court in Boston in connection with a wide-ranging conspiracy that distributed cocaine and heroin throughout Bristol County, Mass., and Providence, R.I.
Nuno Fonseca, a/k/a “Farigno,” 38, of Fall River, was sentenced by U.S. District Court Judge Rya W. Zobel to 130 months in prison and five years of supervised release. In November 2016, Fonseca pleaded guilty to one count of conspiracy to distribute and possess with the intent to distribute cocaine and one count of conspiracy to distribute and possess with the intent to distribute heroin.
Fonseca was one of 10 individuals involved in a drug trafficking operation headed by Luis Lopez that imported hundreds of kilograms of cocaine from Puerto Rico to New Bedford and Fall River, as well as distributed heroin, fentanyl, and acetylfentanyl in Bristol County. Co-defendants Jorge Sanchez-Lopez allegedly coordinated shipments of cocaine through the U.S. Mail with the assistance of Chindy Diaz, who received cocaine-filled packages on Lopez’s behalf and delivered it to Lopez at his Fall River residence. Israel Santiago also helped coordinate the receipt of cocaine on behalf of Lopez. Lopez then sold the cocaine to other drug dealers, including Nuno Fonseca and Tyson Britto.
Fonseca trafficked large quantities of narcotics that he received from Lopez. On three occasions in February, March, and April 2016, federal agents witnessed the transfer of five kilograms of cocaine from Lopez to Fonseca, and in June 2016, agents intercepted telephone calls indicating that Lopez supplied Fonseca with 100 grams of heroin. In addition, Fonseca evaded arrest in June 2016, and fled. He was arrested six weeks later at his home in Fall River.
In June 2016, the 10 defendants were charged for their individual roles in the operation. Nine of the conspirators have pleaded guilty and five, including Fonseca, have been sentenced. In January 2017, Luis Lopez was sentenced to 15 years in prison and five years of supervised release, and Sharik Mendes was sentenced to 30 months in prison. In April 2017, Tyson Britto and Israel Santiago were sentenced to 78 months in prison and two years in prison, respectively. Chindy Diaz pleaded guilty in October 2016 and is awaiting sentencing; Tyson Depina and Eric Desousa pleaded guilty in April 2017 and will be sentenced July 13, 2017. Jorge Sanchez-Lopez has a court date scheduled for Aug. 8, 2017.
Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement. Assistant U.S. Attorney Eric Rosen of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the cases.
The details contained in the charging documents are allegations. The remaining defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Eugene Man Sentenced to 10 Years in Prison for Illegal Possession of a Firearm and AmmunitionRead the Press Release
EUGENE, Ore. – On Thursday, June 29, 2017, Jose Manuel Vargas, 38, of Eugene, was sentenced by U.S. District Court Judge Ann Aiken to 10 years in prison for being a felon in possession of a firearm and ammunition.
According to court documents, on January 28, 2014, acting on information that persons were selling heroin and methamphetamine within 1,000 feet of a school, Lane County Interagency Narcotics Team detectives entered a residence and arrested Vargas. Vargas, twice convicted in Oregon for the felony sale of illegal drugs, had a revolver, ammunition and body armor. Vargas was on probation for possessing heroin and providing a false name to police.
On July 20, 2017, Vargas appeared before Judge Aiken, pleading guilty to being a felon in possession of a firearm and ammunition. In 2002, an Oregon judge sentenced Vargas to three years in prison for drug trafficking. Vargas received probationary sentences in 2007 for possessing cocaine and in 2013 for possessing heroin. The Lane County District Attorney prosecuted a second person arrested inside the Eugene residence where Vargas was arrested for possession of heroin and methamphetamine.
The case was prosecuted by Frank R. Papagni, Jr., Assistant United States Attorney for the District of Oregon and investigated by agents of the Bureau of Alcohol, Tobacco and Firearms (ATF), detectives from the Interagency Narcotics Enforcement Team (INET), and Springfield, Ore. Police Sergeant Keith Seanor.
Eight Indicted on Federal Drug and Firearms ChargesRead the Press Release
RICHMOND, Va. – A federal grand jury has returned an indictment charging eight individuals with a number of federal drug trafficking and firearms crimes related to their participation in a heroin trafficking conspiracy.
Lawrence Buckner, 37, of King George County, was arraigned today at the federal courthouse in Richmond. The charges are the result of a two-year investigation by the DEA, Naval Criminal Investigative Service, Virginia State Police, King George Sheriff’s Office, Westmoreland County Sheriff’s Office, and the Caroline County Sheriff’s Office.
The following individuals were charged in federal indictments as a result of this joint investigation:
Name
Age
County of Residence
Charges
Date of Jury Trial
Dwayne Alonzo
Proctor
37
Westmoreland
Conspiracy to Distribute Heroin, Fentanyl and Oxycodone;
Distribution of Heroin;
Distribution of Fentanyl;
Maintain Drug Involved Premises;
Possession of Firearms in Furtherance of a Drug Trafficking Crime
August 14
Terrell Sylvester
Johnson
28
Westmoreland
Conspiracy to distribute Heroin, Fentanyl and Oxycodone
Distribution of Heroin
Maintain Drug Involved Premises
Possession of a Firearm by a Convicted Felon
Possession of Firearms in Furtherance of a Drug Trafficking Crime
August 14
Dominic Brown
27
Caroline
Conspiracy to distribute Heroin, Fentanyl and Oxycodone
Possession of Firearms in Furtherance of a Drug Trafficking Crime
August 14
Jeffrey Diaz
Dudley
26
Westmoreland
Conspiracy to distribute Heroin, Fentanyl and Oxycodone
Distribution of Heroin
Distribution of Fentanyl
Possession of a Firearm by a Convicted Felon
Possession of Firearms in Furtherance of a Drug Trafficking Crime
August 14
Lawrence Buckner
37
King George
Conspiracy to distribute Heroin, Fentanyl and Oxycodone
Maintain Drug Involved Premises
Possession of Firearms in Furtherance of a Drug Trafficking Crime
August 14
Clifton Wayne
Howdershelt
53
King George
Distribution of Heroin
Possession of a Firearm by a Convicted Felon
July 24
Edward Wayne
Shupe
47
King George
Distribution of Heroin
July 20
Kim Eileen
Capps
47
Fairfax
Distribution of Heroin
July 11
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; Jeremy Gauthier, Special Agent in Charge of the Naval Criminal Investigative Service (NCIS) Washington D.C. Field Office; Colonel W. Steven Flaherty, Virginia State Police Superintendent; Steve F. Dempsey, King George County Sheriff; C.O. Balderson, Westmoreland County Sheriff; and A. A. "Tony" Lippa, Jr., Caroline County Sheriff, made the announcement. Assistant U.S. Attorney Olivia L. Norman is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:17-cr-54 (Shupe), 3:17-cr-55 (Howdershelt), 3:17-cr-56 (Capps), 3:17-cr-57 (Proctor).
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.
Durable Medical Equipment Manufacturer Agrees to Pay $2.715 Million to Resolve False Claims AllegationsRead the Press Release
Innovative Therapies, Inc. (“ITI”) and its ultimate parent company Cardinal Health, Inc. (“Cardinal”) have agreed to pay $2.715 million to settle False Claims Act allegations, announced Jack Smith, Acting United States Attorney for the Middle District of Tennessee. The settlement concerns conduct initiated by ITI before being purchased by Cardinal in August 2014 and resolves a qui tam action filed by a whistleblower in May 2015.
“This Office remains committed to enforcement of the False Claims Act,” said Acting United States Attorney Jack Smith. “Fighting fraud and protecting the public fisc are priorities of the Department of Justice, and we will continue to work with our law enforcement partners to vigorously investigate alleged FCA violations. We recognize that through the acquisition of ITI, Cardinal inherited the issues that gave rise to the FCA conduct and ultimately took the necessary steps to resolve this case.”
The settlement resolves allegations that the companies caused the submission of false claims to Medicare through their marketing of certain negative pressure wound treatment (“NPWT”) devices as durable medical equipment (“DME”). Specifically, Relator’s complaint alleged that ITI marketed certain models of its Quantum line of NPWT devices – later renamed the PRO series following Cardinal’s acquisition of the ITI, as DME, despite knowing that these devices did not have the expected life of a durable device. These devices were pre-programmed with a specific number of therapy hours well below the expected life of a DME device, and were never used again once those hours expired. This marketing caused DME suppliers to bill for the devices as DME when they did not meet the standards for a durable device, resulting in the submission of false claims.
“This case is a good example of how the False Claims Act protects taxpayer dollars,” said Derrick L. Jackson, Special Agent in Charge at the U.S. Department of Health and Human Services, Office of Inspector General in Atlanta. “The money recovered will be transferred back to federal health care programs where it can be used to provide medical services for the elderly and disabled.”
The United States’ investigation began with a qui tam complaint filed by a former ITI employee. The qui tam provisions of the False Claims Act allow for whistleblowers, or relators, to file suit for violations of the act on behalf of the United States. A relator is entitled to a percentage of any amount recovered by the United States as a result of the information provided. Relator in this case will receive $488,700.
This matter was investigated by the Department of Justice, the United States Attorney’s Office for the Middle District of Tennessee, and the Department of Health and Human Services Office of Inspector General. The United States was represented by DOJ Trial Lawyer Michael Shaheen and Assistant U.S. Attorney Christopher C. Sabis.
The case is docketed as United States ex rel. Grogan v. Innovative Therapies, Inc., et al., No. 3:15-cv-0568 (M.D. Tenn.). The claims settled by this agreement are allegations only, and there has been no determination of liability.
Drug Importer Sentenced to PrisonRead the Press Release
SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant MARY ANN B. CANTORES, age 37, was sentenced in U.S. District Court today by Chief Judge Frances Tydingco-Gatewood to a 27-month term of imprisonment, to be followed by two years of supervised release. The Court also ordered CANTORES to pay a mandatory $100 assessment fee. She was convicted of importation of 245 grams of methamphetamine with a 97.8% purity level.
On September 16, 2013, CANTORES arrived in Guam from the Philippines. She was detained at the airport by Guam Customs and Quarantine officers who recovered three plastic ziplock bags containing methamphetamine that were concealed on the bottom of a DVD box. CANTORES knowingly brought the drugs from the Philippines which she carried in one of her luggage. She had agreed with persons in the Philippines to deliver the drugs to an individual in Guam, later identified as Alvin Padua. Padua was arrested on the same day, and on March 31, 2017, he received a sentence of 87 months imprisonment for his role in attempting to possess methamphetamine with intent to distribute, and because of an extensive criminal history record.
Defendant CANTORES pled guilty on October 9, 2013.
The case was investigated by law enforcement agents from the U.S. Department of Homeland Security, Homeland Security Investigations, and Guam Customs and Quarantine Agency, and prosecuted by Assistant United States Attorney Marivic David.
Drug Dealer Pleads Guilty to Conspiracy to Distribute Heroin Resulting in Death and Distribution of Heroin Resulting in DeathRead the Press Release
CHATTANOOGA, Tenn. – On June 28, 2017, Darius Jermaine Blakemore, a.k.a. Tank, 28, of Chattanooga, Tennessee, pleaded guilty to conspiracy to distribute heroin resulting in death, distribution of heroin resulting in death, possession with intent to distribute cocaine, possession with intent to distribute crack, and possession with intent to distribute heroin. He entered this guilty plea during the second day of his trial for the same offenses.
In his plea agreement on file with the U.S. District Court, Blakemore agreed to serve a prison sentence of 23 years. Federal law provides enhanced penalties for drug dealers who distribute controlled substances that lead to overdose deaths, including a 20-year mandatory minimum sentence.
The plea agreement, along with proof at trial, provided that in February 2016, Blakemore sold a gram of heroin to Jessica Rachels for $200.00 in the parking lot of a McDonald’s in Chattanooga. After Rachels arrived at the parking lot, Blakemore gave the heroin to one of his runners, Joshua Corbett, who delivered the heroin to Rachels. Rachels gave a portion of the heroin she received from Corbett to Logan Whiteaker, who drove her to the drug deal. Whiteaker’s stepfather found him dead the next morning on the floor in the bathroom of his residence in Red Bank, Tennessee, with a hypodermic needle clutched in his hand. A blue container with .64 grams of heroin inside was found on the bathroom counter. Whiteaker graduated from Hamilton County Drug Court less than 24 hours prior to his death. Like Blakemore, Rachels and Corbett both previously pleaded guilty to distribution of heroin resulting in death and are all awaiting sentencing.
"Heroin has proven to be a deadly poison that does not discriminate. Its victims include every gender, race, age, and economic background, and its debilitating effects are the same across all demographics. Statistics show that in 2016, heroin deaths surpassed gun homicides for the first time in more than 15 years. The U.S. Attorney’s Office for the Eastern District of Tennessee will not stand idle as the death toll continues to rise. We will use all available resources to hold drug dealers like Blakemore, who seek to profit from this epidemic, accountable for their actions,” said U.S. Attorney Nancy Stallard Harr.
John McGarry, Resident Agent in Charge of the DEA Chattanooga Office stated, "The U.S. Drug Enforcement Administration, and its task force partners from the Hamilton County Sheriff’s Office, the Tennessee Highway Patrol, the Red Bank Police Department, the Chattanooga Police Department, and the Tennessee Bureau of Investigation will investigate and pursue overdose deaths in southeast Tennessee to the fullest extent of the law. The prosecution of Darius Blakemore stands as an example of this coalition’s commitment to protecting the most vulnerable elements of our community from the persistent threat of heroin.”
Law enforcement agencies participating in this joint investigation include the Drug Enforcement Administration, Hamilton County Sheriff’s Office, Chattanooga Police Department, Tennessee Bureau of Investigation, Tennessee Highway Patrol, and Red Bank Police Department. Assistant U.S. Attorneys Michael D. Porter and Scott Winne represent the United States.
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Drug Counselor Under Contract with U.S. Probation and Pretrial Services Pleads Guilty to Conspiring to Obstruct JusticeRead the Press Release
June 28, 2017
FOR IMMEDIATE RELEASE Contact Bailey Drumm
www.justice.gov/usao/md at (410) 209-4885
DRUG COUNSELOR UNDER CONTRACT WITH U.S. PROBATION AND PRETRIAL SERVICES PLEADS GUILTY TO CONSPIRING TO OBSTRUCT JUSTICE
Licensed Drug Counselor Did Drugs with Federal Defendant, Helped him Obtain Drugs while in Jail, and Attempted to Conceal his Violations from Federal Judge
Baltimore, Maryland – A licensed drug counselor Jennifer Hamersky, a/k/a Jennifer Maroney a/k/a Jennifer Hurt, age 33, of Severn, Maryland, pled guilty to obstruction of justice and conspiring to conceal alleged violations of pretrial release by one of Hamersky’s clients who was a Federal pretrial defendant.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; William F. Henry, Chief, U.S. Probation and Pretrial Services Office, District of Maryland; and Assistant Special Agent in Charge Don A. Hibbert of the Drug Enforcement Administration, Baltimore District Office.
According to the open plea agreement, Hamersky was a Clinical Professional Addictions Counselor, licensed by the State of Maryland’s Department of Health and Mental Hygiene and a contractor who provided services for United States Probation and Pretrial Service Office (“USPO”). Specifically, Hamersky worked with defendants in the United States District Court for the District of Maryland, including mental health and substance abuse counseling, and urinalysis testing.
Person A, who was on pretrial release under the supervision of USPO, met Hamersky in September 2015, when she conducted an initial substance abuse screening as part of his pretrial release supervision. Hamersky recommended and USPO concurred, that Person A attend individual and group counseling sessions and submit to random urinalysis testing..
Hamersky served as Person A’s pretrial release substance abuse and mental health counselor from September 2015 through February 2016, and again from August 2016 through February 2017, with a break due to Person A’s incarceration. Hamersky was responsible for communicating Person A’s compliance with pretrial release conditions regarding potential violations involving counseling and urinalysis testing to USPO.
Court documents show that Hamersky conspired with a co-conspirator, whose initials are A.S., who was a defendant on federal supervised release. The conspiracy involved obstruction of justice in an effort to conceal from USPO officers and U.S. Magistrate and District Court Judges, Person A’s violations of his conditions of release. The violations include use of narcotic drugs or other controlled substances; failure to appear for urinalysis testing; and failure to appear for counseling sessions.
Specifically, court documents show that Hamersky included false information and material omissions in Person A’s monthly treatment reports which were submitted to USPO, and that she provided false information to Person A’s attorney and USPO regarding Person A’s compliance with conditions of release. In November of 2016, Hamersky submitted to USPO Person A’s urinalysis testing log that Hamersky knew had the forged initials of the urinalysis collector on reports in order to make it appear that Person A had participated in urinalysis testing, when in fact, he had not. To facilitate these false submissions, both Hamersky and her co-conspirator A.S., communicated with Person A to have him sign and complete the required urinalysis testing log for submission to USPO.
According to the open plea, between October 2015 and through February 2017, Hamersky and her co-conspirator A.S. conspired to prevent the communication to a law enforcement officer or judge of the United States information relating to violations of Person A’s conditions of release. Hamersky also used narcotic drugs, including using Oxycodone, with Person A.
While Person A was incarcerated at the Chesapeake Detention Facility, Hamersky facilitated his obtaining narcotic drugs for his personal use, then sent a report to Person A’s attorney to be used in court, which she knew contained false representations.
On January 24, 2017, Hamersky discussed with her co-conspirator A.S. how to conceal from Person A’s USPO officer the fact that Person A had missed a urinalysis test. The Defendant then called Person A’s USPO and left a voice message, falsely indicating that Person A had not missed his urinalysis test.
Acting United States Attorney Stephen M. Schenning commended the Federal Bureau of Investigation, U.S. Probation and Pretrial Services Office, and Drug Enforcement Administration for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Phil Selden and Rachel Miller Yasser, who prosecuted the case.
Dominican National Sentenced for Misuse of a Social Security NumberRead the Press Release
BOSTON – A Dominican national was sentenced yesterday in federal court in Boston for falsely representing a number to be his social security number.
Luis Miguel Mejia Lugo, 25, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to time served and was taken into federal custody for deportation proceedings. On June 16, 2017, Mejia Lugo pleaded guilty to one count of misuse of a social security number.
On June 3, 2016, a man who identified himself as “Josue Marrero,” but who later was identified as Mejia Lugo, was arrested in Methuen for armed robbery and firearms charges. When Mejia Lugo was booked early the following morning, in order to hide his true identity, he represented a number to be his social security number when in fact it was not.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Office; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; and Essex County Sheriff Kevin F. Coppinger made the announcement today. Assistance with the investigation was provided by the U.S. Citizenship and Immigration Services, the Social Security Administration, and the FBI’s Criminal Justice Information Service. Assistant U.S. Attorneys Kelly Begg Lawrence and Robert E. Richardson of Weinreb’s Major Crimes Unit prosecuted the case.
Dominican National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Dominican national was charged today in federal court in Boston with a federal immigration crime.
Emerson Geraldo Garcia Alvarez, 35, was charged today with one count of illegal reentry after deportation. Garcia Alvarez was previously deported on June 17, 2014. On May 31, 2017, law enforcement encountered Garcia Alvarez in Boston and determined him to be illegally present in the United States.
Garcia Alvarez faces a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000, and 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 Suzanne Sullivan Jacobus of Weinreb’s Major Crimes Unit is prosecuting the case.
District Man Found Guilty of First-Degree Murder While Armed in 2014 Slaying in Northeast WashingtonRead the Press Release
WASHINGTON – Jonathan Taylor, 26, of Washington, D.C., has been found guilty of first-degree murder while armed and other charges in a shooting that killed one man and wounded another in Northeast Washington, U.S. Attorney Channing D. Phillips announced.
The jury returned the verdict on June 28, 2017, in the Superior Court of the District of Columbia. In addition to the murder charge, the jury found Taylor guilty of assault with intent to kill while armed and two related firearms offenses. The Honorable José M. Lόpez scheduled sentencing for Aug. 25, 2017. Taylor, who has been held without bond, remains in custody.
According to the government’s evidence, on Aug. 13, 2014, at approximately 9:30 p.m., Taylor and three unidentified associates drove together in a gold Honda Accord, looking to kill their target, 25-year-old Dexter Motley. They found Mr. Motley standing on a corner near the unit block of 46th Place NE, talking casually to his friends and their neighbors. Taylor and his associates then drove around the block and approached Mr. Motley on foot. One of the four men—the triggerman—walked by Mr. Motley, as if walking leisurely down the sidewalk. The triggerman then pulled out a revolver and fired five shots at close range, including a fatal shot into Mr. Motley’s forehead. Another shot hit one of Mr. Motley’s friends. The friend was able to flee into an alley and survived the attack. The defendants fled. Taylor later was linked to the crime through information tying him to the Honda Accord and other evidence.
In a separate case, Taylor is awaiting trial on second-degree murder while armed and other charges in the July 4, 2015 slaying of Dwayne Dillard. Mr. Dillard, 23, was fatally shot at about 11 p.m. in the 2600 block of Douglass Place SE. Taylor has pled not guilty.
In announcing the verdict, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD) and the U.S. Park Police. He also expressed appreciation for the efforts of those who handled the case at the U.S. Attorney’s Office, including Assistant U.S. Attorneys Michelle Bradford, Magdalena Acevedo, Christian Natiello, and Michael Spence; Paralegal Specialists Lashone Samuels and Debra Joyner; Victim/Witness Services Coordinators M. Laverne Perry and Tanya Via; Victim/Witness Advocate Marcey Rinker; Investigative Analyst Zachary McMenamin; Litigation Technology Specialist Jeanie Latimore-Brown, and Intern Reed Stadler.
Finally, U.S. Attorney Phillips commended the work of Assistant U.S. Attorneys Thomas N. Saunders and Jin Park, who prosecuted the case.
Dallas, Texas Man Sentenced to 117 Months for Firearm Possession in Furtherance of Drug TraffickingRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CHAD ANTHONY COX, age 27, of Dallas, Texas, was sentenced to 117 months imprisonment, and 3 years of supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2); and for POSSESSION OF A FIREARM IN FURTHERANCE OF A DRUG TRAFFICKING CRIME, in violation of Title 18, United States Code, Section 924(c)(1)(A).
The Indictment alleged that on or about October 6, 2016, within the Eastern District of Oklahoma, the Defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm which had been shipped and transported in interstate commerce.
The Indictment further alleged that on or about October 6, 2016, within the Eastern District of Oklahoma, the Defendant, did knowingly possess a firearm in furtherance of a drug trafficking crime for which he may be prosecuted in a court of the United States.
The charges arose from an investigation by the Chickasaw Nation Tribal Police, the Bureau of Indian Affairs, and the Drug Enforcement Administration.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Dean Burris represented the United States.
DEA Task Force Investigation Dismantles Hartford-Based Heroin and Fentanyl Distribution RingRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, and Hartford Police Chief James C. Rovella announced that the following 13 individuals were arrested today on federal charges related to the distribution of heroin and fentanyl in the Hartford area and western Massachusetts.
JOEL CORDERO, 37, of Meriden
EDWIN REYES, 34, of Hartford
GISEL DE LA CRUZ, 43, of East Hartford
ANGEL DE JESUS-CONCEPCION, a.k.a. “Blue,” 40, of East Hartford
ANTHONY ACOSTA, 28, of New Britain
GABRIEL CORDERO, 30, of Hartford
ALEXANDER PENA, 25, of East Hartford
AMARILIS PIRELA, 38, of Springfield, Mass.
JONATHAN VELEZ, 23, of Springfield, Mass.
HENRY CARABALLO, 26, of Hartford
FERNANDO TOLENTINO, Jr., a.k.a. “Humacao,” 46, of Hartford
DAILY PENA, 39, of Hartford
ANGEL RIJO-CASTILLO, 41, of Guttenberg, N.J.As alleged in criminal complaints and statements made in court, in October 2016, the Drug Enforcement Administration’s Hartford Task Force began an investigation of an organization that was trafficking large quantities of heroin, fentanyl and other narcotics in Connecticut and western Massachusetts. The investigation, which included court-authorized wiretaps, controlled purchases of narcotics and physical surveillance, revealed that members of the organization were receiving bulk quantities of heroin and fentanyl from out-of-state suppliers. They then stored, processed and packaged the heroin/fentanyl in multiple locations, including apartments located at 280 Collins Street in Hartford where some of the defendants also resided, and then distributed the drug in the Hartford area, and also the Springfield and Holyoke, Massachusetts area. A significant amount of drug trafficking activity occurred at Neighborhood Supermarket, located at 316 Farmington Avenue in Hartford.
During the investigation and in association with today’s arrests, law enforcement executed 12 search warrants in Connecticut and Massachusetts and seized approximately 20 kilograms of suspected heroin, most of which was packaged for resale in hundreds of thousands of bags. Investigators also seized numerous vials of Xylazine, which is a horse tranquilizer used by narcotics traffickers as a heroin additive. Seven firearms also were seized.
“The seizure of 20 kilos of heroin makes clear this was a major drug distribution operation in the Hartford area,” said U.S. Attorney Daly. “The opioid epidemic continues to destroy lives in every corner of Connecticut. In partnership with the DEA, and the state and local police, we will continue to prioritize the prosecution of these responsible for trafficking this deadly drug.”
“Opioid abuse is at epidemic levels across New England and those suffering from opioid addiction need access to treatment and recovery,” said Special Agent in Charge Ferguson. “But those responsible for distributing lethal drugs like fentanyl and heroin to the citizens of Connecticut need to be held accountable for their actions. Today’s seizure of pre-packaged suspected heroin and fentanyl is one of the largest in Connecticut and shows DEA’s commitment to aggressively pursue Drug Trafficking Organizations or individuals who distribute these poisons in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal partners and our strong relationship with the U.S. Attorney’s Office.”
The complaint charges the defendants with conspiracy to possess with intent to distribute and to distribute heroin, and possession with intent to distribute and distribution of heroin.
Following their arrests, the defendants appeared before U.S. Magistrate Judge Robert A. Richardson in Hartford and were ordered detained.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The Drug Enforcement Administration’s Hartford Task Force includes personnel from the DEA Hartford Resident Office and the Bristol, Hartford, East Hartford, Manchester, New Britain, Rocky Hill, Wethersfield, Windsor Locks and Willimantic Police Departments. Agencies assisting the investigation include the Federal Bureau of Investigation, U.S. Postal Inspection Service, U.S. Marshals Service and Connecticut State Police.
This case is being prosecuted by Assistant U.S. Attorney Geoffrey M. Stone.
Cross Junction Man Sentenced for Misbranding FlubromazolamRead the Press Release
Harrisonburg, VIRGINIA – A Virginia man who purchased and later distributed a misbranded drug that was intentionally masked to look like candy was sentenced yesterday in the United States District Court for the Western District of Virginia in Harrisonburg, Acting United States Attorney Rick A. Mountcastle announced.
Christopher Michael Sweeney II, 21, of Cross Junction, Va., was sentenced yesterday to four years in federal prison to be followed by three years of supervised release. Sweeney pled guilty on February 3, 2017, to one count of conspiracy to ship and receive a misbranded drug in interstate commerce with the intent to defraud and mislead.
According to evidence presented at the earlier guilty plea hearing and at yesterday’s sentencing, between June 2015 and September 2015, Sweeney bought Smarties candy laced with flubromazolam on the “dark web” and resold it, at substantial profit. Flubromazolam is a designer synthetic drug not approved by the United States Food and Drug Administration for human consumption because it is toxic and can cause serious bodily injury or even death when ingested. However, at the time Sweeney illegally trafficked in it, flubromazolam was not listed as a scheduled drug under either federal or state law. The Commonwealth of Virginia has since listed it as a Schedule I drug.
Sweeney misleadingly told his customers the substance was “Xanax” or “like Xanax,” even though he knew some of his purchasers were blacking out and having car accidents after taking it. On September 21, 2015, distributed Smarties laced with flubromazolam to a female victim, who formerly resided in Winchester, Virginia. That flubromazolam contributed to the female victim’s overdose and death.
“It is unfortunate that we could only prosecute this serious crime with tragic consequences under the FDA’s misbranding statute,” said Acting United States Attorney Mountcastle. “Sweeney distributed this dangerous drug for profit by disguising it as candy and falsely claiming that it was Xanax, ruthlessly ignoring the substantial risk of death posed by this drug. My heart goes out to parents of the young victim and I deeply regret that the unscheduled nature of this drug precluded a prosecution for more serious crimes. I commend AUSA Erin Kulpa, the Northwest Virginia Regional Drug and Gang Task Force, the Virginia State Police, and the Drug Enforcement Administration for bringing Sweeney to justice.”
“This is a great example of the challenge that law enforcement faces in a society where there are constantly evolving controlled substance analogues that are being produced abroad and ordered by utilizing the dark web. We are pleased to have a successful prosecution and even more so that flubromazolam is now recognized as a Schedule I controlled substance in the Commonwealth of Virginia,” said Supervisory Special Agent Josiah C. Schiavone, Coordinator of the Northwest Virginia Regional Drug and Gang Task Force for the Virginia State Police. “The successful prosecution was the result of excellent collaboration between the United States Attorney’s Office of the Western District, the Drug Enforcement Administration and the Northwest Virginia Regional Drug and Gang Task Force.”
“When you buy drugs from an unscrupulous distributor, who’s only concern is their own profit, you take an unnecessary risk with your own life which may end in tragic consequences. The complexity of the laws regarding synthetic drugs and the use of the dark web made this a difficult case to prosecute,” said DEA Washington Division Special Agent in Charge Karl C. Colder. “We are pleased to be part of the successful prosecution team in this investigation.”
The investigation of the case was conducted by Northwest Virginia Regional Drug and Gang Task Force, the Virginia State Police and the Drug Enforcement Administration. Assistant United States Attorney Erin M. Kulpa prosecuted the case for the United States.
Columbus Man Pleads Guilty to Providing Material Support to Terrorists, Making False Statements to AuthoritiesRead the Press Release
COLUMBUS, Ohio – Court records unsealed today reveal that Abdirahman Sheik Mohamud, 25, of Columbus, Ohio, pleaded guilty to all counts alleged against him regarding a terrorist plot.
A federal grand jury charged Mohamud in April 2015 with one count of attempting to provide and providing material support to terrorists, one count of attempting to provide and providing material support to a designated foreign terrorist organization – namely, al-Nusrah Front – and one count of making false statements to the FBI involving international terrorism in an indictment returned in Columbus, Ohio.
Assistant Attorney General for National Security Dana J. Boente, Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Franklin County Prosecutor Ron O’Brien and the FBI’s Columbus Joint Terrorism Task Force (JTTF), announced the plea unsealed by U.S. District Judge James L. Graham.
“Mohamud admitted to traveling overseas, providing material support to a designated foreign terrorist organization, and receiving training from terrorists. He also admitted to returning to the United States and planning to conduct an attack on American soil. He will now be held accountable for his crimes, said Acting Assistant Attorney General Boente. “The National Security Division’s highest priority is counterterrorism. We will remain vigilant in our efforts to identify, disrupt, and bring to justice those who provide material support to foreign terrorist organizations and seek to conduct attacks on our homeland.”
“National security is the first priority of this office, and we will use every tool at our disposal to stop those who support foreign terrorist organizations and those who seek to do harm in the United States,” U.S. Attorney Glassman said.
"Each day the Joint Terrorism Task Force and our law enforcement partners are working to keep the community safe from those who wish to disrupt our way of life," said Special Agent in Charge Byers. "We must continue to remain vigilant against these potential threats."
“This case illustrates the effectiveness of the local JTTF and the cooperative effort in the Columbus area that exists to combat terrorism,” Franklin County Prosecutor O’Brien said.
Mohamud pleaded guilty before U.S. Magistrate Judge Elizabeth Preston Deavers on August 14, 2015, and the plea was sealed because of an ongoing investigation.
According to court documents, Mohamud is a Somali-born naturalized citizen of the United States who, in 2014, obtained a U.S. passport and one-way ticket to Greece. During his travel in April 2014, Mohamud did not board his connecting flight to Athens, Greece; rather, during his layover in Istanbul, Turkey, he completed pre-arranged plans to cross the border into Syria. In Syria, Mohamud received training from al-Nusrah Front, a terrorist organization affiliated with al-Qaeda.
According to a statement of facts supporting Mohamud’s guilty plea, while in Syria, Mohamud trained with al-Nusrah Front on fitness, and on the use of weapons and tactics. Mohamud also engaged in a firefight and expressed his desire to die fighting in Syria.
After his brother was killed while fighting for al-Nusrah Front, Mohamud returned to the United States. According to the statement of facts, after returning to the United States, Mohamud planned to obtain weapons in order to kill military officers or other government employees or people in uniform. Evidence seized by the FBI indicates that Mohamud researched places in the U.S. to carry out such plans.
Mohamud was originally arrested and indicted in state court by Franklin County Prosecutor O’Brien’s office and a $1 million bond was set that maintained him in custody. Those state charges were dismissed when the federal prosecution commenced. Mohamud was transferred into federal custody following the April 2015 indictment and remains in custody.
Providing material support to terrorists and providing material support to a designated foreign terrorist organization are each crimes punishable by up to 15 years in prison. Making false statements involving international terrorism carries a maximum sentence of eight years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. The sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Boente and U.S. Attorney Glassman commended the cooperative investigation of the FBI’s JTTF with numerous local partners, and Assistant United States Attorneys Douglas Squires, Jessica H. Kim and Salvador Dominguez, as well as Special Assistant United States Attorney Joseph Gibson with the Franklin County Prosecutor’s office and Trial Attorneys Bridget Behling and Lolita Lukose of the National Security Division’s Counterterrorism Section, who are prosecuting the case.
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Carmichaels Woman Charged with Defrauding Social SecurityRead the Press Release
PITTSBURGH – A Greene County resident has been indicted by a federal grand jury in Pittsburgh on charges relating to Social Security fraud, Acting United States Attorney Soo C. Song announced today.
The two-count indictment, returned on June 28, named Cindy Hancheck, 60, of Carmichaels, Pennsylvania, as the sole defendant.
According to the indictment, between July 1999 and January 2016, Hancheck had knowledge of her husband’s continued presence in her household, his continued financial support of her, and the opening and maintenance of bank accounts held jointly between her and her husband, but concealed and failed to disclose those events to the Social Security Administration with the intent fraudulently to secure Supplemental Security Income benefits. Additionally, between January 2000 and February 2016, Hancheck, having filed an application for Supplemental Security Income benefits, received and converted approximately $115,597.94 in benefits to which she knew she was not entitled.
The law provides for a maximum total sentence of 15 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Adam N. Hallowell is prosecuting this case on behalf of the government.
The Social Security Administration – Office of Inspector General conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
California Man Sentenced to 15 Years for Meth ConspiracyRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a California man was sentenced in federal court today for his role in a conspiracy to mail large quantities of methamphetamine to Columbia, Mo., for distribution.
Kameron Terrell Howard, 26, of Compton, Calif., was sentenced by U.S. District Judge Stephen R. Bough to 15 years in federal prison without parole.
On Jan. 19, 2017, Howard pleaded guilty to participating in a conspiracy to distribute methamphetamine. Co-defendants Melissa Guerra, 35, Jeremy Dennis Maxwell, 31, and his wife, Stephanie Anne Maxwell, 34, all of Columbia, and Calvanisha Yvette West, 28, of California, have also pleaded guilty to participating in the conspiracy and await sentencing.
Postal inspectors identified a suspicious parcel mailed from California to Guerra’s address on Nov. 6, 2015. After a drug canine alerted to the package, investigators found 444.8 grams of pure methamphetamine. A second suspicious parcel identified on the same day, mailed to a different address, contained almost 1.4 kilograms of pure methamphetamine.
Postal inspectors executed a controlled delivery of the first parcel on Nov. 10, 2015. When federal agents and the Boone County Sheriff’s Department Special Weapons and Tactics Team (SWAT) approached the residence, a co-conspirator who had just arrived ran to the front door of the residence, opened it, and shut the door behind him. SWAT members were unable to breach the door as it had been reinforced. SWAT members entered at another location. Guerra was apprehended inside the residence. Agents saw Howard and co-conspirators running out the back door of the residence attempting to evade law enforcement.
Approximately 30 minutes later, canine units with the Columbia Police Department were able to track Howard to a shed located inside a locked gate at a nearby residence and he was arrested.
A woman who lives at the address to which the second intercepted parcel was addressed reported to investigators that she was contacted by Howard prior to Nov. 6, 2015, and advised that a package was being sent to her residence.
West admitted that, following Howard’s arrest, and in an effort to have his cell phone locked and cause it to be unavailable to investigators, he called her and instructed her to contact Sprint and tell them that his iPhone, which had been seized by investigators, had been stolen. West also admitted that she accompanied Howard when he traveled to Columbia in September 2015 and assisted in the conspiracy.
This case is being prosecuted by Assistant U.S. Attorney Jim Lynn. It was investigated by the FBI, the U.S. Postal Inspection Service, the Columbia, Mo., Police Department and the Boone County, Mo., Sheriff’s Department.
California Man Indicted for Marijuana ConspiracyRead the Press Release
ALBANY, NEW YORK – Eric D. McNeil, age 39, of Murietta, California, was indicted yesterday for conspiring to distribute more than 100 kilograms of marijuana in Columbia County, New York.
The announcement was made by United States Attorney Richard S. Hartunian and Inspector in Charge Shelly A. Binkowski, United States Postal Inspection Service (USPIS), Boston Division.
McNeil was arrested May 2, 2017, on a criminal complaint. According to the complaint, McNeil used the United States Postal Service to send more than 100 kilograms of marijuana, from California and to a co-conspirator located in Columbia County. The charges in the complaint and indictment are merely accusations. The defendant is presumed innocent until proven guilty.
McNeil will be arraigned at a later date. If convicted, he faces at least 5 years and up to 40 years in prison, a maximum $5 million fine, and a term of post-imprisonment supervised release of at least 4 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the United States Postal Inspection Service and is being prosecuted by Assistant U.S. Attorney Michael Barnett.
Buffalo Man Pleads Guilty to Bank Fraud and ID TheftRead 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 Christopher Carriero, 38, of Buffalo, NY, pleaded guilty to bank fraud and aggravated identity theft before U.S. District Judge Richard J. Arcara. The charges carry a maximum penalty of 30 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that between September 27, 2015, and March 16, 2016, the defendant executed a scheme to defraud Citizens Bank and the United States Postal Service. Defendant forged over 50 stolen checks at various Citizen’s Bank and Post Office locations, resulting in losses amounting to $35,577.00.
Carriero also pleaded guilty to two violations of supervised release. The defendant was on supervised release following a 2011 conviction in the Eastern District of Kentucky for theft of government property. Carriero was sentenced to 37 months in prison and three years’ supervised release. On August 11, 2014, the defendant was sentenced once again in the Eastern District of Kentucky for escape.The plea is the result of an investigation by U.S. Postal Inspection Service, under the direction of Boston Division Inspector in Charge Shelly Binkowski.
Sentencing is scheduled for October 6, 2017, at 1:00 p.m. before Judge Arcara.
Buffalo Man Pleads Guilty in Heroin Trafficking ConspiracyRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy announced today that Raymond DeJesus, 24, of Buffalo, NY, pleaded guilty to conspiracy to possess with intent to distribute and distribution of heroin before U.S. District Judge Richard J. Arcara. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between August 2014, and September 28, 2015, the defendant conspired with Daniel Molina Rios, Orlando Rios, Jose Andujar, Luis Montanez, and others to distribute heroin on the West Side of Buffalo. The investigation utilized undercover purchases conducted by the New York State Police Community Narcotics Enforcement Team (CNET) and the Buffalo Police Department.
DeJesus was a street-level distributor or “runner” in a heroin trafficking ring operated by Daniel Molina-Rios. The organization acquired heroin from the New York City area for distribution in Buffalo but also had an alternate heroin source locally.
A total of 14 defendants have been indicted in connection with this case, and DeJesus is the seventh to be convicted. Charges are pending against the remaining defendants. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The plea is the result of an investigation by the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the New York State Police Community Narcotics Enforcement Team (CNET), under the direction of Major David Krause and Lieutenant Kevin Reyes, CNET West Commander; and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.
DeJesus is scheduled to be sentenced on October 5, 2017, at 12:30 p.m. before Judge Arcara.
Braddock Man Charged with Escape from Renewal CenterRead the Press Release
PITTSBURGH - A Pittsburgh-area resident has been indicted by a federal grand jury in Pittsburgh on a charge of escape, Acting United States Attorney Soo C. Song announced today.
The one-count indictment, returned on June 27, named Devon Johnson, 29, of Braddock, PA.
According to the indictment, on August 31, 2016, the defendant escaped from the Renewal, Inc. Residential Reentry Center, where he had been confined pursuant to a judgment and commitment order of the United States District Court for the Northern District of West Virginia.
The law provides for a maximum total sentence of five years in prison, a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Tonya Sulia Goodman is prosecuting this case on behalf of the government.
The United States Marshals Service conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Barton Man Sentenced to 25 Years in Prison for Child ExploitationRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that District Judge Geoffrey Crawford sentenced William Allen, 32, to twenty-five years in jail based on his conviction for receiving child pornography. Allen, from Barton, Vermont, must serve a lifetime period of supervised release after completing his prison sentence.
Allen, who has prior Vermont convictions for possessing child pornography and for lewd and lascivious conduct with a child, was initially charged in state court with child pornography offenses in June 2014. A federal indictment was returned in July 2015 against Allen and his wife, Kerissa Allen, for child pornography charges. Kerissa Allen pleaded guilty to possessing child pornography in February 2016. William Allen pleaded guilty to receiving child pornography in August 2016. Kerissa Allen was previously sentenced by Judge Crawford to four years in jail based on her guilty plea.
At the sentencing hearing for William Allen, which began June 27, the government presented evidence that Allen sexually abused three children prior to his state arrest. Based on that evidence, the court found that Allen had engaged in a pattern of sexual abuse of children within the meaning of the federal sentencing guidelines. Even though Allen was convicted of receiving child pornography, the court could and did consider Allen’s contact offenses against children in fashioning the appropriate sentence. Because of Allen’s prior convictions, he faced a mandatory minimum sentence of fifteen years in jail. The court agreed with the government that William and Kerissa Allen took digital images of the abuse of two of the children, though the storage media for those images was never located. Further, Judge Crawford found that Allen urged Kerissa Allen to attempt to falsely take the blame for his child pornography crimes charged by the state.
The case was investigated by Homeland Security Investigations, the Vermont Internet Crimes Against Children Task Force, the Vermont State Police, and the Orleans County States’ Attorney Jennifer Barrett. The case represents another example of the extraordinary cooperation in Vermont between federal law enforcement and its state and local partners. The case was prosecuted by Assistant United States Attorney Paul Van de Graaf. Mr. Allen was represented by Burlington Attorney Robert Katims.
Authorities Announce Initiative Targeting Houston Violent OffendersRead the Press Release
HOUSTON – Houston area federal, state and local law enforcement agencies came together today to announce a collaborative initiative to proactively fight violent crime across the Greater Houston area. The Houston Law Enforcement Violent Crime Initiative brings together personnel from 10 area law enforcement agencies to not only augment investigative and prosecutorial efforts, but also to enhance collaborative training and community outreach efforts.
Acting U.S. Attorney Abe Martinez made the announcement along with Tom Berg, First Assistant District Attorney of the Harris County District Attorney’s Office, Chief Art Acevedo of the Houston Police Department (HPD), Chief Deputy Edison Toquica of the Harris County Sheriff’s Office (HCSO), Special Agent in Charge Perrye K. Turner of the FBI, Special Agent in Charge Fred Milanowski of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Deputy Special Agent in Charge Sean McElroy of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Chief Deputy U.S. Marshal Richard Hunter of the U.S. Marshals Service, Commander Philip D. Steen of the Texas Department of Public Safety (DPS), Special Agent in Charge Joseph Arabit of the Drug Enforcement Administration and Administrator George Rhyne of Texas Anti-Gang.
Authorities have also strived to work together in the interests of justice. The announcement today included details about the initiative designed to enhance those partnerships and collaborate on the best avenues for targeting and ultimately prosecuting the most violent offenders in the community. Such specifics included information about intelligence integration, strategic support, working groups and resources, among others.
Aa part of the effort, additional training will also be provided among the agencies. For example, there is a violent crime training initiative which will provide numerous classes to educate agents and officers on the details of developing a violent crime case using the Hobbs Act, VICAR and RICO. The trainings are designed for front line investigators and mid-level managers of patrol and robbery units. The first of such trainings took place earlier this month and trained approximately 60 officers.
As part of the overall effort, several agencies will work together on initiatives designed to target violent offenders in Houston. One such operation involves HCSO and DPS and has already begun which has targeted high-crime areas along the 1960 corridor.
The ATF also provided information today regarding their National Integrated Ballistic Information Network which they use to identify shooters and connect specific guns to multiple crime scenes. The network is a system of 158 sites used by federal, state and local law enforcement and is the most advanced forensic tool available to law enforcement to identify criminals who repetitively use guns to commit crimes. They also have a joint initiative with HPD for intelligence-driven identification of violent offenders and gun-related crime. The goal is to not only “connect the dots” between multiple pieces of information relating to violent crime but also prepare strong cases for state and federal prosecution of these offenders.
HPD also has a Violent Offenders Squad (VOS) which investigates commercial business robberies, take-over style robberies, serial robberies juvenile-related and gang-related robberies in a more innovative and creative manner. It will also provide support to other investigators who are conducting follow-up on high-volume or highly-organized suspects committing serial cases. Further, HPD has a Criminal Apprehension Team (CAT) which will use proactive, reactive and analytical techniques to prevent and suppress serial criminal activity. CAT will identify and target such repeat offenders by proactively investigating their activities and apprehending them for crimes they commit.
The announcement today comes on the heels of news that Houston was recently named as one of 12 cities to join the Department of Justice’s newly-organized National Public Safety Partnership (PSP). As part of that effort, advisers and consultants will provide assistance in capacity building, data collection and analysis, proposed training and technical assistance and community outreach. The partnership provides a framework for enhancing federal support of state, local and tribal law enforcement officials and prosecutors as they aggressively investigate and pursue violent criminals, specifically those involved in gun crime, drug trafficking and gang violence.
The overall goal of the collaborative initiative is to reduce the amount of violent crime in the city and improve the quality of life for the citizens of Houston.
Attorney General Sessions Speaks with Families of Victims Killed by Illegal AliensRead the Press Release
Today Attorney General Jeff Sessions met with families who have lost loved ones because of crimes committed by illegal aliens. In the meeting they discussed the progress being made by the Trump Administration to strengthen laws protecting Americans from crimes committed by illegal aliens and, the need to keep working to ensure that federal immigration laws are enforced.
“It was a great honor for me to meet with these families, and I was impacted by their stories,” said Attorney General Jeff Sessions. “The tragic burdens they carry remind us of the urgent need by the federal government to fully enforce our immigration laws and to secure the borders of this country. No Americans should experience what these families have suffered. I want to thank these strong moms, dads, siblings and widows for ensuring that their loved ones don’t die in vain by using their voices to affect the real changes that we are implementing. I commit to them, and I commit to the American people that the Department of Justice will do everything in our power to ensure the safety of every American community.”
Attending the meeting with the Attorney General were Maureen Laquerre and Maureen Maloney of Massachusetts, Juan Piña and Sabine Durden of California, Steve Ronnebeck and Mary Ann Mendoza of Arizona and Laura Wilkerson of Texas.
Attleboro Resident Sentenced to 7 Years in Prison for Trafficking 6 1/2 Kilos of HeroinRead the Press Release
PROVIDENCE – Olga Lidia Sandoval, 39, of Attleboro, MA., was sentenced today to 84 months in federal prison for arranging for the transportation of 6 ½ kilograms of heroin from Guatemala through Mexico and into Rhode Island in May 2016.
The heroin was found stashed in the front differential and axle of a truck being towed by another vehicle driven by a New York resident along Interstate 95 on May 22, 2016.
At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Sandoval to serve 5 years supervised release upon completion of her prison term. Sandoval also agreed to forfeit $10,396 in cash seized from her home on the date of her arrest. The court ordered that Sandoval, a Guatemalan national, be turned over to immigration officials for deportation proceedings upon completion of her prison sentence.
Sandoval pleaded guilty on May 1, 2017, to conspiracy to possess with the intent to distribute more than one kilogram of heroin and possession with the intent to distribute more than one kilogram of heroin.
The U.S. Sentencing Guideline range of imprisonment in this matter is 70 to 87 months. The government and the defendant recommended to the court, and the court agreed to impose a sentence of 84 months of incarceration.
Sandoval’s sentence is announced by Acting United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations (HSI) for New England.
According to information presented to the court, in November 2015, Rhode Island State Police and the High Intensity Drug Trafficking Area Task Force began investigating the drug trafficking activities of a co-conspirator in this matter, Jose Luis Amparo Nova, 33, of North Providence, RI.
In January 2016, HSI began investigating Olga Sandoval’s drug trafficking activities, which included arranging the importation and distribution of heroin in Rhode Island and Massachusetts. The investigations, independent of one another, included electronic surveillance which captured conversations between Sandoval and Nova. Frequent conversations captured by HSI between Sandoval and others included discussions of efforts to send substantial sums of narcotics-derived proceeds to her Guatemalan sources of supply.
Beginning on May 13, 2016, law enforcement monitored discussions of a shipment of heroin from Mexico into Rhode Island and Massachusetts. Conversations included discussions of a location to deliver the shipment as well as payment for the drugs. On May 19, law enforcement monitored conversations that indicated that the truck transporting the drugs to New England had been damaged in a rollover accident.
On May 22, 2016, Rhode Island State Police stopped the driver of a U-Haul after witnessing the truck weaving in and out of marked lanes. The U-Haul was towing a heavily damaged truck that matched the description of the truck believed to being used to transport the shipment of heroin from Mexico to New England. As the traffic stop was occurring, law enforcement intercepted a call placed by Olga Sandoval indicating that she received a call informing her that the driver of the U-Haul, Ivan K. Alvarado, 39, of Spring Valley, NY, had been stopped by law enforcement.
The vehicles were towed to Rhode Island State Police headquarters where a court authorized search of the vehicles resulted in the discovery of 6.487 kilograms of heroin stashed in the underside of the truck being towed.
Ivan Alvarado was arrested on May 22, and Olga Sandoval and Jose Nova were arrested on May 24, 2016, on federal criminal complaints charging each with conspiracy to possess with the intent to distribute one kilogram or more of heroin. U.S. District Court Magistrate Judge Patricia A. Sullivan ordered the defendants detained in federal custody.
Sandoval and Nova were indicted by a federal grand jury on June 16, 2016, on charges of conspiracy to possess with the intent to distribute one kilogram or more of heroin and possession with the intent to distribute one kilogram or more of heroin. Nova pleaded guilty on January 26, 2017, as charged in the indictment. He is scheduled to be sentenced on July 14, 2017.
According to a plea agreement filed in this matter, Ivan Alvarado has agreed to plead guilty to an information charging him with drug trafficking. Alvarado is scheduled to be arraigned on July 5, 2017.
The cases are being prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
Acting United States Attorney Stephen G. Dambruch thanks the Rhode Island Department of the Attorney General and the DEA for their assistance in this matter.
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Acting Manhattan U.S. Attorney Sues to Shut Down Mamaroneck Fish Smokehouse After Findings of ListeriaRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Melinda K. Plaisier, Associate Commissioner for Regulatory Affairs of the Food and Drug Administration (“FDA”), announced today the filing of a Complaint and the entry of a Consent Decree against defendants SMOKEHOUSE OF NEW YORK, LLC (“Smokehouse”), its director of operations, BRETT H. PORTIER (“Portier”), and its president and owner, PANAGIOTA SOUBLIS (“Soublis”), for violations of the Food, Drug, and Cosmetic Act and related food-safety regulations at Smokehouse’s Mamaroneck facility, where the defendants prepare and sell fish products and other specialty foods to consumers across the country.
Acting U.S. Attorney Joon H. Kim stated: “We will not let businesses put profits over public health. Smokehouse, Portier, and Soublis have repeatedly put their customers at risk of severe illness. Our Complaint and today’s Consent Decree hold them accountable and require them to clean up their operations and protect the public.”
FDA Associate Commissioner for Regulatory Affairs Melinda K. Plaisier said: “The Smokehouse of NY has had several opportunities to come into compliance with the law. Through the use of modern technology, the FDA was able to establish that the company has resident strains of Listeria in its facility that it has consistently failed to eradicate. Conditions like these are unacceptable and the FDA took action to protect Americans.”
According to the Complaint filed Monday in White Plains federal court:
Listeria monocytogenes (“Listeria”) is a bacterium that can be very harmful to human health. In the general population, it can cause severe flu-like symptoms and, in extreme cases, confusion, loss of balance, and convulsions. For pregnant women, it can cause miscarriage, stillbirth, premature delivery, or life-threatening infection of the newborn.
The defendants have repeatedly failed to operate their packaged fish business in compliance with food and safety standards set by FDA. As a result, the FDA has repeatedly found Listeria in their facility. Although the defendants previously have proposed to undertake corrective measures to address the Listeria problems at their facility, they have failed to fix the problem: An FDA inspection conducted between March 8 and April 5, 2017, again found Listeria at various locations within the facility, including on direct food-contact surfaces.
* * *
In the Consent Decree entered today, Smokehouse, Portier, and Soublis admit, acknowledge, and accept responsibility for the following:
- The defendants failed to manufacture, package, and store food under conditions and controls necessary to minimize the potential for microorganism growth and contamination.
- At each of five inspections conducted by FDA between 2011 and 2015, FDA found Listeria in the facility, including on a food-contact surface and in packaged, ready-to-eat food.
- Following the 2011-2015 inspections, the defendants took a number of corrective actions that they stated would address the conditions found by investigators.
- However, during an FDA inspection between March 8 and April 5, 2017, FDA again found Listeria at the facility, including on food-contact surfaces, including a stainless steel table where food is processed and on a plastic tray used interchangeably to hold raw and finished products.
Pursuant to the Consent Decree, Smokehouse, Portier, and Soublis are enjoined from receiving, preparing, processing, packing, labeling, holding, and/or distributing articles of food until they (1) clean and sanitize their facility; (2) implement appropriate pathogen control and other food safety plans; and (3) implement training programs on proper food hygiene and sanitation for all its employees. Additionally, the Consent Decree requires Smokehouse, Portier, and Soublis to destroy their current stock of processed food and recall certain food previously sold by them. The defendants are subject to additional actions by the FDA, including mandated future recalls and shut downs, as well as liquidated damages and costs to cover future necessary inspections and other monitoring actions, if they violate the provisions of the Consent Decree.
Mr. Kim thanked the FDA for its work leading to the Complaint.
This case is being handled by the Office’s Environmental Protection Unit. Assistant United States Attorney Stephen Cha-Kim is in charge of the case.
Acting Manhattan U.S. Attorney Announces Historic Jury Verdict Finding Forfeiture of Midtown Office Building and Other PropertiesRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that a federal jury today found the 36-story office building at 650 Fifth Avenue (the “Building”), worth at least $500 million, and other real property and bank accounts forfeitable to the United States as proceeds of violations of the Iran sanctions and property involved in laundering the proceeds of those sanctions violations. The jury’s verdict, which represents the largest civil forfeiture jury verdict and the largest terrorism-related civil forfeiture in United States history, came after a five-week trial before the Honorable Katherine B. Forrest.
Acting U.S. Attorney Joon H. Kim said: “For over a decade, hiding in plain sight, this 36-story Manhattan office tower secretly served as a front for the Iranian government and as a gateway for millions of dollars to be funneled to Iran in clear violation of U.S. sanctions laws. In this trial, 650 Fifth Avenue’s secret was laid bare for all to see, and today’s jury verdict affirms what we have been alleging since 2008: that through all the efforts to sanction and isolate Iran, a state sponsor of terrorism, the owners of 650 Fifth Avenue gave the Iranian government a critical foothold in the very heart of Manhattan through which Iran successfully circumvented U.S. economic sanctions. The jury’s verdict finding forfeitable a building valued at over $500 million dollars, as well as other real estate and funds, represents the largest civil forfeiture jury verdict and the largest terrorism-related civil forfeiture in U.S. history. This verdict not only vindicates the exemplary work of all the career prosecutors and law enforcement partners who have doggedly pursued this case for almost a decade, but importantly, it also allows for substantial recovery for victims of Iran-sponsored terrorism.”
According to the allegations contained in the Complaint, Amended Complaint, and other filings in this case, and the evidence presented in Court during the trial:
Overview
The International Emergency Economic Powers Act (AIEEPA@) confers upon the President the authority to take certain actions, defined in 50 U.S.C. Section 1702, in response to declared national emergencies. Since 1995, the President has declared national emergencies with respect to the actions and policies of the Government of Iran through a series of Executive Orders. The Treasury Department’s Iranian Transactions Regulations (“ITR”), and Weapons of Mass Destruction Proliferators Sanctions Regulations, implement these Executive Orders. Pursuant to these Orders, and regulations, the provision of services to the Iranian Government has been illegal since 1995.
From before 1995 until the filing of the Government’s civil forfeiture action in 2008, the Alavi Foundation (“Alavi”), Assa Corp. (“Assa”), and the 650 Fifth Avenue Company, a partnership between Alavi and Assa to own the Building (the “Partnership”) were controlled by and provided numerous services to the Government of Iran, including managing the Building for the Iranian Government, running a charitable organization for the Iranian Government, and transferring rental income funds from the Partnership to Bank Melli, an Iranian owned government bank.
Alavi and the Building
Alavi is a New York non‑profit organization originally created by the Shah of Iran in the 1970s, under the name the Pahlavi Foundation, to pursue Iran’s charitable interests in the United States. The Building was constructed in the 1970s by Alavi, financed by a substantial loan from Bank Melli Iran (“Bank Melli”).
Following the Iranian revolution of 1979, the Islamic Republic of Iran established the Bonyad Mostazafan, also known as the Bonyad Mostazafan va Janbazan (“Bonyad Mostazafan”), to centralize, take possession of, and manage property expropriated by the revolutionary government. The Bonyad Mostazafan was created in or about March 1979 by order of the Ayatollah Khomeini and approved by the Revolutionary Council of the Islamic Republic of Iran, and is controlled by the government of Iran. The Bonyad Mostazafan sought to take control of the Shah’s property, including the assets of the Pahlavi Foundation. The Bonyad Mostazafan reports directly to the Ayatollah. The Bonyad Mostazafan assumed control of Alavi shortly after the revolution.
The Creation of Assa and the Partnership
In 1989, Alavi and Bank Melli formed the Partnership in order to avoid paying federal taxes on rental income from the Building. Bank Melli’s ownership interest in the Partnership, however, was disguised through the creation of two shell companies. Alavi transferred 35 percent of the Partnership to Assa, an entity wholly owned by Assa Co. Ltd. Assa Co. Ltd. is a Jersey, Channel Islands, United Kingdom, entity owned by Iranian citizens who represent the interests of Bank Melli. In conjunction with the transfer of the 35 percent interest in the Partnership to Assa, Bank Melli cancelled its loan on the Building. Several years later Assa received an additional 5 percent, leaving Alavi owning 60 percent of the Partnership, and Bank Melli owning 40 percent of the Partnership, through Assa and Assa Co. Ltd.
The decision to convert Bank Melli’s mortgage on the Building into a partnership interest in the Partnership was discussed and approved by high-level Iranian government officials. Among others, the head of the Bonyad Mostazafan (also the Deputy Prime Minister of Iran), the Office of the Prime Minister of Iran, the director of the Central Bank of Iran, and the general director of Bank Melli, as well as other Bonyad Mostazafan and Bank Melli officials, discussed and approved the partnership between Alavi and Bank Melli. After Alavi and Assa Corp. entered into the partnership agreement, a Bonyad Mostazafan official forwarded the agreement to the head of the Bonyad Mostazafan, noting that “the partnership is based on prior agreements between the Ministry of Finance, Bank Melli Iran, and the Bonyad Mostazafan, with the only change being the building will be valued at two million dollars less than as previously agreed. . . .”
The Partnership continued to distribute rental income from the Building to Bank Melli, concealed by the use of Assa as an intermediary, after it became illegal with the imposition of Iranian sanctions in 1995.
The Government of Iran’s Continued Control over Alavi
The Iranian Government’s control of Alavi continued after the creation of the Partnership and the imposition of the sanctions against Iran.
In 1991, the Supreme Leader of Iran, the Ayatollah Ruhollah Khomeini ordered that control of Alavi be transferred from the Bonyad Mostazafan to the Iranian Ambassador to the United Nations. According to the minutes of a May 16, 1991, board meeting held in Zurich, Switzerland, the head of the Bonyad Mostazafan explained that, as directed by the Supreme Leader, several board members were to resign. In a letter, Alavi’s president described how, a few days later, Ambassador Kamal Kharrazi called the president and another board member to his office. The Ambassador said that “the Foundation from here on out is under the oversight of Haj Agha, not Mr. Rafighdoost [then the head of the Bonyad Mostazafan]. . . . [F]rom now on, the role of the Managing Director and the role of the Board of Directors will be just a formality and he [the Ambassador] will be conducting all of its [the Foundation’s] affairs.” The president of Alavi then wrote a letter to the Ayatollah cautioning that although the Ambassador’s “appointment to a position of responsibility connected to the Foundation’s affairs presents enormous political, security, and economic dangers, we feel assured that the Supreme Leader has made this decision with discernment, unique insight, and a thorough knowledge of all pertaining aspects.” In July 1991, the president resigned his position and he was replaced that August by an individual who served as president until the summer of 2007.
In 1992, Alavi’s new president met in New York and in Tehran with Bank Melli officials concerning $1.7 million in real estate taxes owed by the Partnership and $2.2 million in unpaid distributions owed by the partnership to Assa. The Tehran meeting was attended by a Bank Melli board member, the head of Bank Melli’s Overseas Network Supervisory Department, the head of Bank Melli’s New York branch, and the head of Bank Melli’s Foreign Affairs. The head of the board of directors and managing director of Bank Melli forwarded the minutes of the Tehran meeting to the head of the Bonyad Mostazafan along with a cover letter stating, among other things, that “It is hoped that your firm instructions and the extra attention of the brothers from that esteemed Foundation, who are responsible for the Alavi Foundation of New York, will resolve the partnership’s mutual problems quickly . . . .”
Iranian Ambassadors to the U.N. continued to direct the affairs of Alavi and to attend meetings of Alavi’s board. In the late 1990s, two Bank Melli employees sought Ambassador Kharrazi’s permission for Assa to sell its interest in the Partnership. The Ambassador informed Bank Melli that the Building would be sold when the real estate market improved. In 2004, Ambassador Javad Zarif directed Alavi to settle a lawsuit that threatened to expose Assa’s ownership by Bank Melli and Alavi’s relationship with the Government of Iran for $4 million, and then caused these settlement proceeds to be distributed through other New York real estate companies to officials at Iranian Embassies in Europe.
In October 2007, Alavi Foundation board members met with Ambassador Mohammad Khazaee and a former Iranian government official to address issues relating to the Building’s management and Alavi’s charitable services. According to notes taken by a board member, the Ambassador stated, among other things, that it was necessary to increase the profit from the Building; the Ambassador was worried about Assa’s 40 percent share; the Foundation should only allocate to Shiites; and that the Ambassador would determine the composition of the board. The Ambassador ordered a study about the possibility of increasing the Foundation’s revenue and profit, stating that a business plan and comparative analysis had to be done. The Ambassador instructed: “I have to definitely see the proposed allocations before a final decision is reached. I have to be kept informed and I have to be able to state my opinion in order for you to make a decision.” The Ambassador told the board members that “[i]f there is an issue that needs to be conveyed to Tehran, let me know, I will convey it.”
On December 19, 2008, Farshid Jahedi, who at the time was the president of Alavi, was arrested for obstruction of justice for allegedly destroying documents required to be produced under a grand jury subpoena concerning Alavi’s relationship with Bank Melli Iran and the ownership of the Building. Jahedi pled guilty to obstruction of justice on December 30, 2009.
The Complaints and the Jury Verdict
On December 17, 2008, this Office filed a civil Complaint seeking forfeiture of the 40 percent interest held by Assa in the Partnership. In the Amended Complaint, filed on November 12, 2009, the United States sought to forfeit all right, title and interest in the Partnership, including Alavi’s 60 percent interest in the company. The United States also sought to forfeit the contents of bank accounts held by the Partnership, Alavi, and Assa, as well as other real properties owned by Alavi.
After a five-week trial, the jury found that both IEEPA violations and money laundering had been committed, and that all but one of the defendant properties were fully or partially forfeitable as result. Specifically, the jury found the Building and Alavi’s share in the 650 Fifth Avenue Partnership, along with the contents of bank accounts containing in excess of a million dollars, forfeitable in their entirety as a result of their involvement in money laundering. The jury also found certain portions of properties owned by Alavi in Queens, New York; Houston, Texas; Carmichael, California; and Rockville, Maryland partially forfeitable to the United States as proceeds of IEEPA violations and properties traceable to properties involved in money laundering, in the following amounts:
Alavi Foundation Property
Percentage Found Forfeitable
Queens, NY
44%
Houston, TX
15%
Rockville, MD (two properties)
17%
Carmichael, CA
7%
The jury also found Alavi’s share in the 650 Fifth Avenue Partnership entirely forfeitable, and the Building partially forfeitable, as the proceeds of an IEEPA violation in addition to both being entirely forfeitable as property involved in money laundering.
Judge Forrest had previously ruled, on September 11, 2013, that Assa was a front company for Bank Melli Iran and that Assa’s interests in the Partnership and the Building also subject to forfeiture.
Claims against the defendant properties brought by private parties holding terrorism-related judgments against the Government of Iran were also resolved against Alavi and the 650 Fifth Avenue Partnership in a separate ruling issued by Judge Forrest today.
* * *
Mr. Kim praised the investigative work of the Federal Bureau of Investigation (“FBI”), the Internal Revenue Service - Criminal Investigation Division, the New York FBI Joint Terrorism Task Force, and the Police Department of the City of New York. He also thanked the Counterterrorism Section of the Department of Justice National Security Division and the Manhattan District Attorney’s Office for their assistance in this case.
This case is being handled by the Office’s Money Laundering and Asset Forfeiture Unit. Assistant United States Attorneys Michael D. Lockard, Martin S. Bell, and Daniel M. Tracer are in charge of the case.
28 June 2017
Woman Sentenced to 34 Months in Prison for Aggravated Identity Theft SchemeRead the Press Release
JUNE 28, 2017
FOR IMMEDIATE RELEASE Contact Bailey Drumm
www.justice.gov/usao/md at (410) 209-4885
WOMAN SENTENCED TO 34 MONTHS IN PRISON FOR AGGRAVATED IDENTITY THEFT SCHEME
Used the Personal Information of Victims to Perpetrate a Fraud Scheme
Greenbelt, Maryland – On June 26, 2017, U.S. District Judge Deborah K. Chasanow sentenced Michelle Renee Marshall, 47, of Washington, D.C., to 34 months in prison followed by three years of supervised release for aggravated identity theft and wire fraud. Marshall was also ordered to pay $27,671.03 in restitution.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; and Special Agent in Charge Kimberly Lappin of the Internal Revenue Service - Criminal Investigation Division, Washington, D.C. Field Office.
According to court documents, September 2013 and September 2014, Marshall represented to six different victims that she could assist them in preparing and filing federal and state tax returns. She then obtained the victims’ personally identifiable information, which she used to prepare and file their tax returns. However, the victims never received the requested tax refunds. Without authorization from the victims, Marshall instead directed tax refunds into bank accounts she controlled.
In total, Marshall intended to obtain $67,713 from the IRS and the states of Maryland and Virginia. Marshall did, in fact, obtain $27,671 through this scheme.
Acting United States Attorney Stephen M. Schenning thanked the Internal Revenue Service – Criminal Investigation Division. Mr. Schenning commended Assistant U.S. Attorneys Erin B. Pulice and Leah J. Bressack who prosecuted the case.
Wheeling man indicted on firearm chargeRead the Press Release
WHEELING, WEST VIRGINIA - A Wheeling man had his initial appearance in federal court today after being indicted on drug charges by a federal grand jury in Wheeling on June 6, 2017, Acting United States Attorney Betsy Steinfeld Jividen announced.
Levar Jermain Matthews, age 40, was indicted on one count of “Unlawful Possession of a Firearm.” Matthews, having previously been convicted of Distribution of Crack Cocaine Within 1,000 feet of a School in the United States District Court for the Northern District of West Virginia, allegedly possessed a .38 special caliber revolver. The crime is alleged to have occurred in April 2017 in Ohio County.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wheeling Police Department are investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Magistrate Judge James E. Seibert presided.