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Monday 8 May 2017
Philadelphia Man Sentenced to 42 Months in Prison for Defrauding Assistance ProgramRead the Press Release
PHILADELPHIA - Abdoulaye Diallo, 52, of Philadelphia, PA, was sentenced today to 42 months in prison for defrauding the United States Department of Agriculture (USDA)’s Supplemental Nutrition Assistance Program (SNAP), formerly known as the federal food stamp program, announced Acting United States Attorney Louis D. Lappen.
Diallo owned and operated Brothers Food Market, a grocery store on Germantown Avenue near Venango Street in Philadelphia. On January 12, 2017, at a trial before the Honorable Cynthia M. Rufe and a federal jury, the jury convicted Diallo on all counts of the indictment. The jury convicted Diallo of conspiring with another individual to buy SNAP benefits for cash from those who had SNAP benefit cards (also known as PA Access cards) between September 2011 and February 2015. The jury also found Diallo guilty of exchanging SNAP benefits for cash on five different dates during that period, each of which constituted wire fraud and SNAP benefit fraud. The amount of money charged to the SNAP Program varied from $300 to almost $600 for each transaction.
.Between September of 2011 and March of 2015, Diallo submitted to USDA, on behalf of Brothers Food Market, fraudulent SNAP reimbursement requests for $1,063,541
In addition to the prison term, Judge Rufe imposed a term of supervised release of three years, restitution to USDA of $1,063,541, and a $1,300 assessment.
The case was investigated by the United States Department of Agriculture Office of Inspector General and U.S. Immigration and Customs Enforcement Homeland Security Investigations. It is being prosecuted by Assistant United States Attorneys Floyd J. Miller and Albert S. Glenn.
Pennsylvania man sentenced for heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Keith Derwin Freeman, 43, of Bethlehem, Pennsylvania, was sentenced to 15 months incarceration and ordered to pay a $3,000 fine for distributing heroin, Acting United States Attorney Betsy Steinfeld Jividen announced.
Freeman pled guilty to one count of “Possession with Intent to Distribute Heroin” in August 2016. He sold heroin in Berkeley County, West Virginia in September 2015.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The West Virginia State Police investigated.
Chief U.S. District Judge Gina M. Groh presided.
Pennsylvania man sentenced for heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Larry Stinson, Jr., 34, of Harrisburg, Pennsylvania, was sentenced today in federal court to 72 months incarceration for heroin distribution, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Stinson pled guilty to one count of “Aiding and Abetting Possession with the Intent to Distribute Heroin” in January 2017. The crime was committed in March 2016 in Berkeley County.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Owner of Sand City Motorcycle Business Pleads Guilty in Tax Fraud SchemeRead the Press Release
SAN JOSE – Daniel Laine Kyle pleaded guilty to tax fraud and structuring currency transactions to avoid reporting requirements announced United States Attorney Brian J. Stretch and Internal Revenue Service (IRS), Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The plea was accepted earlier today by the Honorable Edward J. Davila, United States District Judge.
According to the plea agreement, since November 1997, Kyle, from Carmel, Calif., owned and operated Kyle Racing, a performance motorcycle parts and tuning business in Sand City, Calif. Kyle acknowledged that he did not issue invoices to customers who paid cash. He also admitted that he instructed his employees to not issue invoices to cash-paying customers. Kyle admitted he took these steps to underreport his income to the IRS and used the cash he received from his customers to purchase money orders from various United States Post Offices.
In addition, Kyle admitted that between August 8, 2007, and March 22, 2014, he “structured” his cash purchases of money orders to avoid detection. He admitted that he knew anyone purchasing $3,000.00 or more in postal money orders in one day is required to submit a transaction report. Instead of submitting the report, Kyle admitted he intentionally purchased less than $3,000 per day to avoid triggering reporting requirements.
According to his plea agreement, between August 8, 2007, and March 22, 2014, Kyle purchased, with cash, more than $825,000 worth of money orders. Kyle used the money orders to purchase cars and jewelry from Audi Financial, BMW of Monterey, Tiffany and Company, Christies, Porsche Financial Services, Capital One Bank, Citibank, Monterey Credit Union, and Wells Fargo Bank. Kyle acknowledged that the tax loss for 2007 through 2013 resulting from his scheme was between $500,000 and $1,500,000.
On March 22, 2017, Kyle was charged by felony information with willfully making and subscribing a false individual income tax return for the 2007 calendar year, in violation of 26 U.S.C. § 7206(1), and structuring currency transactions to avoid reporting requirements, in violation of 31 U.S.C. § 5324(a)(3) and 31 U.S.C. § 5324(d)(2). Pursuant to today’s plea agreement, Kyle pleaded guilty to both counts in the information.
The maximum sentence for willfully making and subscribing to a false tax return is three years in prison and a fine of $250,000. The maximum sentence for and structuring currency transactions to avoid reporting requirements is ten years in prison and a fine of $500,000. However, any sentence will be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Kyle remains free on bond and is scheduled to appear before Judge Davila on August 21, 2017, at 1:30 p.m. for sentencing.
Assistant U.S. Attorney Gary G. Fry is prosecuting the case with the assistance of Laurie Worthen. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation, and the United States Postal Inspection Service.
New Jersey Man Sentenced to 4 Years in Federal Prison for Wethersfield Warehouse BurglaryRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ANDREW ORECKINTO, 52, of Matawan, New Jersey, was sentenced today by U.S. District Judge Jeffery Alker Meyer in New Haven to 48 months of imprisonment, followed by three years of supervised release, for stealing more than 8,000 cartons of cigarettes from a Wethersfield warehouse in March 2011.
On February 13, 2017, a jury convicted ORECKINTO of one count of theft from an interstate shipment.
According to the evidence introduced during the trial, at approximately 7:00 a.m. on March 20, 2011, Wethersfield Police responded to an open garage door complaint at New Britain Candy, a business and warehouse located at 24 Maple Street in Wethersfield. The business distributes items to convenience stores in Connecticut and neighboring states. A glue-like substance had been forced into the front door lock causing it to be inoperable, exterior surveillance camera wires and a phone line had been cut, and alarm panels and speakers had been disabled. Approximately 8,012 cartons of cigarettes, as well as a pallet jack, were missing from the warehouse. The stolen cigarettes had a wholesale value of approximately $300,000 and a retail value of approximately $500,000.
One individual, subsequently identified as ORECKINTO, was seen on video surveillance footage. He was dressed in a black hooded sweatshirt, dark pants, black gloves, a black face mask, and wore a headband light around his head.
Prior to the burglary, ORECKINTO had stolen a white box truck from a business in Hartford. The day after the burglary, the truck was found near a commercial construction site in Stamford. The stolen pallet jack was recovered from the cargo area of the truck.
The investigation included extensive analysis of prepaid cellphones and cell tower information. Examination of the call history of ORECKINTO’s prepaid phone ultimately led investigators to several other prepaid phones that had been used in multiple commercial burglaries in Connecticut, New York, New Jersey and Pennsylvania. ORECKINTO previously was convicted of two of these other burglaries, including a burglary that occurred at a Waldbaum’s Supermarket in Rockville Centre, N.Y., overnight on December 31, 2010 and January 1, 2011, and a commercial warehouse burglary in Florham Park, N.J., on April 28, 2008, during which $100,000 worth of copper was stolen.
ORECKINTO has been detained since February 24, 2012, when he was arrested for the New Jersey warehouse burglary. He is currently incarcerated in New Jersey with a state sentence that is due to expire in October 2018.
Judge Meyer ordered ORECKINTO’s four-year federal sentence to begin today.
At the time of ORECKINTO’s arrest for the New Jersey burglary, a search of his car revealed a list of licensed cigarette distributors in the State of Connecticut that had been printed from the Connecticut Department of Revenue Services web site. The list, which included the New Britain Candy warehouse in Wethersfield, also contained several handwritten notations next to many of the businesses, at least three of which also have been burglarized.
This investigation was conducted by the Wethersfield Police Department and the Federal Bureau of Investigation, with the assistance of the Nassau County Police Department and the Florham Park (N.J.) Police Department. The case was prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
Morris Woman Sentenced to 10 Months in Federal Prison for Health Care FraudRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ANNE CHARLOTTE SILVER, 63, of Morris, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 10 months of imprisonment, followed by three years of supervised release, for committing health care fraud. Judge Bolden also ordered SILVER to provide 100 hours of community service upon her release from prison, and to pay restitution of $1.6 million.
According to court documents and statements made in court, in March 2011, SILVER was a licensed clinical social worker who owned and operated Silver Counseling Services, LLC, in Canton and Bantam. In March 2011, SILVER agreed with Patricia Lafayette and another individual to engage in a scheme to defraud Medicaid, in which SILVER permitted Lafayette and the other individual to bill Medicaid for licensed psychotherapy services using SILVER’s Medicaid provider number. The services were either performed by unlicensed individuals or not performed at all. Under the scheme, SILVER kept 25 percent of the proceeds, and paid the remaining 75 percent to Lafayette and the other individual.
Over the next four years, Lafayette submitted more than 18,000 false claims for psychotherapy using SILVER’s provider number. The claims included more than $71,000 in false claims for psychotherapy services purportedly provided to Lafayette’s daughter and grandchildren, and more than $67,000 in false claims for psychotherapy services provided to Lafayette’s son’s girlfriend and her children. All of these claims represented that SILVER personally provided the psychotherapy services, which was not true. In addition, SILVER did not supervise Lafayette or the services that Lafayette was billing, did not know who purportedly provided the service, and never verified that the services had in fact been rendered. Twice a month for four years, SILVER received the payment for these services from Medicaid, calculated Lafayette’s 75 percent share of the scheme, and met with Lafayette to deliver a check for that amount.
On May 2, 2016, SILVER pleaded guilty to one count of health care fraud for her role in the scheme. As part of her plea, SILVER admitted to defrauding Medicaid of more than $1.6 million, of which SILVER received more than $300,000.
Lafayette pleaded guilty to the same charge and, on April 27, 2017, was sentenced to 21 months of imprisonment and ordered to pay restitution of $1.6 million.
Lafayette’s son, Maurice Sharpe, pleaded guilty to the same charge on December 13, 2016. He is scheduled to be sentenced on June 19.
The criminal case was jointly investigated by the Office of the Inspector General of the U.S. Department of Health and Human Services and the Medicaid Fraud Control Unit of the Chief State’s Attorney’s Office, with assistance from the Connecticut Attorney General’s Office. U.S. Attorney Daly thanked the Connecticut Department of Social Services for their role in identifying the fraudulent scheme and supporting the investigation and prosecution of the case.
The U.S. Attorney’s Office, Chief State’s Attorney’s Office and Attorney General’s Office meet regularly as part of The Medicaid Fraud Working Group. The Working Group also includes representatives from the Connecticut Department of Social Services; the Connecticut Department of Public Health; the Drug Control Division of the Connecticut Department of Consumer Protection; the Office of the Inspector General of the U.S. Department of Health and Human Services, and the FBI. The Working Group reviews pending issues and cases, identifies trends that might indicate fraudulent activity, and coordinates efforts for maximum results.
This matter is being prosecuted by Assistant U.S. Attorney David J. Sheldon and Auditor Susan Spiegel.
People who suspect health care fraud are encouraged to report it by calling 1-800-HHS-TIPS.
Military Policeman from Lemoore Naval Air Station Sentenced to 15 Years in Prison for Child PornographyRead the Press Release
FRESNO, Calif. —Michael Brandon Kiper, 32, of Lemoore, was sentenced today by U.S. District Judge Anthony W. Ishii to 15 years in prison for two counts of receiving child pornography, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Kiper, who had been assigned duties as a military policeman at the Lemoore Naval Air Station in California, and while on temporary assignments in Nevada and in Bahrain, used accounts on Kik Messenger, Instagram, and Facebook to solicit sexually explicit images of numerous minor females throughout the United States and Canada. Kiper used an alias and claimed to be an agent for a modeling agency. Once he convinced minor females to send him at least one sexually explicit image of themselves, he threatened to post those images to social media sites unless the victims produced and transmitted additional sexually explicit images. One minor female told her mother about her communications with Kiper, and they contacted law enforcement.
This case was the result of an investigation by a multitude of law enforcement agencies, spearheaded by the Naval Criminal Investigative Service, the Upper Perk (Pennsylvania) Police Department, and the Paoli (Indiana) Police Department. Forensic analysis of evidence was conducted by the Kings County District Attorney’s Office, which is part of the Central California Internet Crimes Against Children Task Force. Assistant U.S. Attorney Brian Enos prosecuted this case.
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 those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Michigan Residents Plead to Conspiracy to Commit Wire FraudRead the Press Release
BOISE — Michigan residents Devin Arthur Searcy, 23, and Juwuan Demilo Gordon, 27, pleaded guilty to conspiracy to commit wire fraud, Acting U.S. Attorney Rafael Gonzalez announced. Searcy pleaded guilty today and Gordon pleaded guilty on April 24. They were indicted by a federal grand jury in Boise in February 2017.
According to court proceedings, Searcy and Gordon traveled to Idaho and other districts to make fraudulent purchases from retail stores using stolen credit card numbers. They traveled to Idaho on January 6 and 10, 2017, for the purpose of executing the scheme to defraud. Prior to traveling to the different districts, Searcy and Gordon obtained counterfeit credit and debit cards embossed with their names and stolen credit card numbers in Michigan. They traveled to at least seven retail stores in Idaho and made at least ten fraudulent purchases. On January 11, 2017, law enforcement officers contacted Searcy and Gordon near the Boise Airport and arrested them. Officers recovered approximately 105 gift cards and prepaid debit cards purchased by the defendants. Gordon and Searcy made additional fraudulent purchases in Colorado, Utah, and Oklahoma.
The charge of conspiracy to commit wire fraud is punishable by up to 20 years in prison, a maximum fine of $250,000, and up to 3 years of supervised release.
Sentencing for Searcy is set for July 26, 2017, and sentencing for Gordon is set for July 27, 2017. Both sentencings are before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise.
The case was investigated by the Boise Police Department and the U.S. Secret Service.
Mexican Citizen Sentenced to 78 Months for Drug Trafficking and Firearms OffensesRead the Press Release
TUCSON, Ariz. – Last week, Ruben Betancourt-Hernandez, 29, of Tuxpan, Veracruz, Mexico, was sentenced by U.S. District Judge Jennifer G. Zipps to 78 months of imprisonment. Betancourt-Hernandez had previously pleaded guilty to possession with the intent to distribute marijuana and to the use of a firearm during a drug trafficking offense.
On Sept. 13, 2016, Border Patrol agents near Sonoita, Ariz., tracked a group of five suspected narcotic smugglers. Agents were able to apprehend two men, who were wearing camouflage shirts and pants. Nearby, agents located two bundles of marijuana, an AR-15 style rifle, and an AK-47 style rifle. Agents seized both rifles, which were loaded, extra magazines, and over 300 rounds of ammunition at the scene. During his guilty plea, Betancourt-Hernandez admitted that he intended to deliver the marijuana to other members of the drug trafficking organization and that he carried the AR-15 style rifle in order to protect the drug load.
The investigation in this case was conducted by the Department of Homeland Security- Homeland Security Investigations, and the U.S. Border Patrol. The prosecution was handled by Lawrence C. Lee, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-16-01935 TUC JGZ (JR)
RELEASE NUMBER: 2017-041_ Betancourt-Hernandez
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Maryland man sentenced for heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Terard Ansor, 25, of Baltimore, Maryland, was sentenced to 60 months incarceration today for distributing heroin, Acting United States Attorney Betsy Steinfeld Jividen announced.
Ansor pled guilty to one count of “Conspiracy to Distribute Heroin” in January 2017. He conspired with others to distribute heroin in Berkeley and Jefferson counties from August to November 2015.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
Chief U.S. District Judge Gina M. Groh presided.
Man and Woman from Manhattan Sentenced in Kidnapping, Death of Junction City WomanRead the Press Release
TOPEKA, KAN. - A man and a woman from Manhattan were sentenced Monday to 28 years in federal prison for taking part in the kidnapping of a Junction City woman who was killed during the abduction, U.S. Attorney Tom Beall said.
Larry L. Anderson, 28, Manhattan, Kan. pleaded guilty to one count of kidnapping resulting in death. His girlfriend, Marryssa M. Middleton, 26, Fort Riley, Kan. pleaded guilty to one count of conspiracy to commit kidnapping resulting in death.
The body of Amanda Clemons, 24, of Junction City, was found in February 2014 in Geary County, Kan. In their pleas, Anderson and Middleton admitted that on Feb. 7, 2014, they and co-defendants met the victim, who was a prostitute, at a hotel in Junction City and kidnapped her. The defendants beat the victim in retribution for comments the victim had made on social media about having a sexual relationship with Anderson. During the beating, the defendants demanded the victim pay $300. They took the victim to another hotel room in an unsuccessful attempt to get the money, after which they transported the victim to a residence on Fort Riley.
While there, the defendants allowed the victim to call her mother. The victim’s mother realized the victim was in danger and called Junction City Police. When police called the victim’s number to check on her, and the defendants listened to the call on speaker phone. Fearing arrest, the defendants transported the victim to a bridge in a remote part of Geary County, where they resumed the beating and attacked her with a knife. The victim broke free and jumped off the bridge, falling 15 feet and breaking her ankle. Some of the defendants found the victim in the snow and resumed the assault during which they cut her throat and killed her.
Co-defendants include:
Drexel Woody, 26, who lived on Fort Riley at the time of the crime, is set for sentencing June 26.
Shantrell D. Woody, 27, Fort Riley, Kan., formerly an active duty service member, is set for sentencing May 30.
Christopher Pugh, 33, Junction City, Kan., is set for sentencing June 26.
Beall commended the Junction City Police Department, the Grandview Plaza Police Department, the Geary County Sheriff’s Office, the Riley County Police Department, the Fort Riley Criminal Investigation Division, the FBI, Assistant U.S. Attorney Tony Mattivi, Assistant U.S. Attorney Jared Maag and Geary County Attorney Steven Opat for their work on the case.
Lehigh Acres Drug Dealer Sentenced to Eight Years in PrisonRead the Press Release
Fort Myers, Florida – U.S. District Judge John E. Steele today sentenced Tacuma Ivan Horrobin (36, Lehigh Acres) to eight years in federal prison for drug distribution and firearm offenses. He pleaded guilty on January 9, 2017.
According to court documents, in 2015, Horrobin sold nearly $5,000 of heroin to an undercover law enforcement officer. A subsequent search of his residence revealed additional quantities of heroin, along with cocaine, hydrocodone, oxycodone, alprazolam, suboxone, ecstasy, marijuana, and five firearms. As a previously convicted felon, Horrobin is prohibited from possessing firearms under federal law. Officers also recovered numerous items used for the preparation, packaging, and distribution of controlled substances, including cutting agents, digital scales, and cookware from his home.
This case was investigated by the Federal Bureau of Investigation and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Michael Leeman and Michael Bagge-Hernandez.
Lancaster Man Charged with Armed Bank Robbery and Firearms OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Travis Jerome Jones, age 47, of Marietta, Pennsylvania, was indicted on May 3, 2017, by a federal grand jury on charges of armed bank robbery, brandishing a firearm during a crime of violence, and felon in possession of a firearm.
The indictment was unsealed on May 5, 2017, and Jones is scheduled for arraignment on May 9, 2017, before United States Magistrate Judge Martin C. Carlson.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Jones robbed an M&T Bank in Spring Grove, Pennsylvania, on January 19, 2017, taking approximately $3,587. The indictment also alleges that Jones brandished a firearm (Hi-Point 9mm handgun) during the robbery and unlawfully possessed the firearm as a previously convicted felon.
The case was investigated by the Federal Bureau of Investigation, the Southwestern Regional Police Department in York County, and the Investigation Division of the Lancaster County District Attorney’s Office. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 25 years of imprisonment for the bank robbery, a lifetime term of imprisonment for the firearms offenses, 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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Lakeland Couple Sentenced for Large Scale Immigration FraudRead the Press Release
Tampa, Florida – U.S. District Judge Charlene E. Honeywell has sentenced Rosa Cingari (68, Lakeland) to 12 years and 7 months in federal prison and Domenico Cingari (68, Lakeland) to 8 years and 1 month in federal prison for conspiracy, making false statements in immigration applications and petitions, and mail fraud. The Court also ordered the Cingaris to forfeit real property located at 130 West Park Street in Lakeland, that was used to facilitate the offenses. As part of their sentence, the Court also entered a money judgment in the amount of $740,880, the proceeds of the charged criminal conduct.
A federal jury found Rosa and Domenico Cingari guilty on November 9, 2016. They were indicted on July 9, 2015.
According to evidence presented at trial, Rosa and Domenico Cingari owned and operated R.E.P.C. Accounting and Translations out of their home on West Park Street in Lakeland. They assisted illegal aliens in obtaining Florida driver licenses by filing fraudulent immigration documents. Specifically, they filed I-589, Applications for Asylum and Withholding of Removal forms; I-130, Petitions for Alien Relative forms; and I-765, Work Authorization forms. Most of the applications and petitions submitted to United States Citizenship and Immigration Services (USCIS) by the Cingaris contained materially false information. The Cingaris filed the fraudulent immigration documents in order to obtain USCIS I-797C Notices of Action. The Cingaris put their mailing address on all of the fraudulent forms so that USCIS would mail the Notices of Action to their business. They then sold the Notices of Action to their alien clients. The Cingaris charged their clients between $500 and $1,300 for the fraudulent immigration applications. They collected at least $740,880 from their clients during the fraud scheme.
"In maintaining the integrity of our immigration system, USCIS has zero tolerance for fraud," said Katherine Baranowski, USCIS Tampa Acting District Director. “Justice has been served with this sentencing, and we remain vigilant in detecting and bringing to prosecution any immigration fraud."
"Immigration fraud subverts the orderly process of citizenship and compromises the security of our homeland,” said Ivan J. Arvelo, acting special agent in charge of HSI Tampa. “HSI will move aggressively to investigate those who corrupt the integrity of our nation's immigration system.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and United States Citizenship and Immigration Services. It is being prosecuted by Assistant United States Attorneys Stacie B. Harris and Simon Gaugush.
Kansas Medical Supplier to Pay $1 Million to Settle False Claim AllegationsRead the Press Release
KANSAS CITY, KAN. - A Dodge City medical equipment supplier has agreed to pay $1 million to settle allegations it submitted false claims to the Medicare program, U.S. Attorney Tom Beall said today.
Pos-T-Vac, Inc., a medical equipment supplier located in Dodge City, has agreed to pay the U.S. government $1 million to settle claims that it violated the False Claims Act by improperly charging Medicare for durable medical supplies.
The United States alleged that from Jan. 1, 2009 through July 27, 2012, Pos-T-Vac submitted claims for male vacuum erection supplies that were not medically necessary, lacked documentation of medical necessity, and/or were not properly ordered by a physician.
Medicare no longer covers such supplies.
“We must prevent waste, fraud and abuse in the Medicare and Medicaid programs,” said United States Attorney Tom Beall. “Billions of taxpayer dollars are at stake.”
“Our office will continue to protect the Medicare program by pursuing those providers who bill for medically unnecessary services and supplies,” said Steve Hanson, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Office of Investigations, Kansas City, Mo.
During the investigation, Medicare suspended payments to Pos-T-Vac. Under the terms of the settlement, the government will retain those funds and Pos-T-Vac will make additional payments to the United States.
The U.S. Department of Health and Human Services – Office of the Inspector General (HHS-OIG) and the United States Attorney’s Office for the District of Kansas investigated. Assistant U.S. Attorney Jon Fleenor represented the government.
Jury Finds Niagara Falls Man Guilty on Gun ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that, following a five day trial, a federal jury has convicted Wilbert Hayes, Jr., 53, of Niagara Falls, NY, of being a felon in possession of a firearm.
Assistant U.S. Attorneys Patricia Astorga and Joseph M. Tripi, who handled the prosecution of the case, stated that on August 15, 2014, Niagara Falls Police officers executed a search warrant at 1318 Walnut Avenue in the upper apartment. During the search, officers recovered a shotgun belonging to Hayes who was in the apartment at the time of the search. The gun was discovered in a child’s bedroom. A quantity of marijuana and packaging materials was also found during the search in a fish tank in the dining room.
The defendant has three prior state felony convictions, which prohibit him from legally possessing a firearm.
The verdict is the result of an investigation by the Niagara Falls Police Department, under the direction of Chief Bryan DalPorto and the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict.
Sentencing is scheduled for August 18, 2017, at 1:00 p.m. before U.S. District Judge Richard J. Arcara who presided over the trial.
Honduran Man Sentenced for Illegal Re-EntryRead the Press Release
SYRACUSE, NEW YORK – Pedro Triminio-Caballero, age 41, and a citizen of Honduras, was sentenced today to time served (54 days in jail) for illegally re-entering the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
As part of his guilty plea, Triminio-Caballero admitted that he was a citizen of Honduras, and that he returned to the United States after he was previously removed to Honduras. Triminio-Caballero was removed from the United States to Honduras on three prior occasions: on October 6, 1996, March 20, 2005, and on April 16, 2012. Since his last re-entry, Triminio-Caballero had been residing in Miami, Florida.
On March 15, 2017, Triminio-Caballero was arrested by Border Patrol Agents in Champlain, New York. Agents encountered Triminio-Caballero in a taxi that was stopped by Border Patrol on a road in Champlain just south of the border.
Following his sentencing, Triminio-Caballero was remanded to the custody of the Department of Homeland Security, which will place Triminio-Caballero into removal proceedings.
This case was investigated by United States Border Patrol and prosecuted by Assistant United States Attorney Edward P. Grogan.
Honduran Citizen Sentenced for Illegal Re-Entry into United StateRead the Press Release
SYRACUSE, NEW YORK – Jardel Florencio Escobar-Vargas, age 27, and a citizen of Honduras, was sentenced today to time served (54 days in jail) for illegally re-entering the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
As part of his guilty plea, Escobar-Vargas admitted that he was a citizen of Honduras, and that he returned to the United States after he was previously removed to Honduras. Escobar Vargas was removed from the United States to Honduras five times between September 20, 2013 and August 25, 2014. Since his last re-entry, Escobar-Vargas had been residing in Miami, Florida.
On March 15, 2017, Escobar-Vargas was arrested by Border Patrol Agents in Champlain, New York. Agents encountered Escobar-Vargas in a taxi that was stopped by Border Patrol on a road in Champlain just south of the border.
Following his sentencing, Escobar-Vargas was remanded to the custody of the Department of Homeland Security, which will place Escobar-Vargas into removal proceedings.
This case was investigated by United States Border Patrol and prosecuted by Assistant United States Attorney Edward P. Grogan.
Herman Woman Pleads Guilty to Fraudulently Issuing Postal Money OrdersRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Allison Pluard, 30, of Herman, Maine, pleaded guilty today in U.S. District Court to fraudulently issuing postal money orders.
Court records reveal that Pluard was employed at C&K Variety, a Contract Postal Unit (CPU) in Hermon. Between September and November 2016, she purchased low-denomination postal money orders from the CPU, but fraudulently imprinted them for up to $1,000. When confronted by inspectors, she confessed. The loss exceeds $4,200.
Pluard faces up to five years in prison and a $250,000 fine. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the U.S. Postal Inspection Service.
Haverhill Resident Sentenced to 14 Years in Prison for Participating in Drug Trafficking ConspiracyRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Franklyn Morillo, 42, of Haverhill, Massachusetts was sentenced to serve 14 years in prison for participating in a conspiracy to distribute oxycodone and cocaine.
According to court documents and statements in court, Morillo and others worked together to distribute oxycodone pills and cocaine in Massachusetts and New Hampshire. The prosecution of Morillo and his associates was the result of a lengthy investigation that included purchases of drugs by cooperating individuals, surveillance, wiretaps, and search warrants. The investigation showed that this group was responsible for the distribution of thousands of oxycodone pills and several kilograms of cocaine. Over $18,000 in cash and a quantity of cocaine were seized from Morillo’s residence in Haverhill during the execution of a search warrant in August of 2015. Morillo was arrested on October 1, 2015. A quantity of oxycodone pills and over $2,000 in cash were recovered from his residence at the time of his arrest.
Morillo is one of six individuals indicted by a federal grand jury on September 23, 2015, and charged with conspiracy to distribute, and possess with intent to distribute, controlled substances. The other defendants are: Mara Morillo, 41, of Haverhill, Massachusetts; Juan Rojas, 32, of Haverhill, Massachusetts; Justin Bartimus, 36, formerly of Methuen, Massachusetts; Jorge Medina, 25, of Haverhill, Massachusetts; and Michael Lally, 29, of Salem, New Hampshire. All of the defendants have pleaded guilty. Morillo pleaded guilty on October 28, 2017.
“The United States Attorney’s Office is committed to working with our law enforcement partners to identify and prosecute those who are responsible for distributing opioids,” Acting U.S. Attorney Farley said. “All too often, the road to heroin or fentanyl addiction begins with the misuse of oxycodone pills. Those who profit from the illicit sales of these pills are contributing to the opioid crisis in the Granite State. We will continue to devote our efforts to putting drug distributors out of business. I commend the efforts of the law enforcement officers in this case for their success in dismantling this drug distribution operation.”
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The Drug Enforcement Administration’s Tactical Diversion Squad led the investigation with assistance from the Haverhill, Massachusetts Police Department, the Methuen, Massachusetts Police Department, and the Massachusetts State Police. It is being prosecuted by Acting United States Attorney John J. Farley.
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Hartford Man Sentenced to More Than 6 Years in Federal Prison for Illegal Gun PossessionRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JESUS SANTIAGO, also known as “Choco,” 35, of Hartford, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 75 months of imprisonment, followed by three years of supervised release, for illegally possessing a firearm.
According to court documents and statements made in court, on June 21, 2016, Hartford Police received information that a vehicle traveling in the area of Wadsworth Street and Seymour Street in Hartford was occupied by “Choco,” who was in possession of a loaded firearm. Officers located the vehicle, which attempted to speed away and enter I-91 from the Whitehead Highway. The vehicle lost control, struck a concrete barrier and rolled to a stop. Officers observed SANTIAGO drop a firearm from the driver side window as the car was rolling. SANTIAGO was apprehended, and a search of the roadway revealed a.380 caliber semi-automatic handgun loaded with 6 rounds of ammunition.
Prior to June 2016, SANTIAGO had been convicted of seven felony offenses, including multiple drug offenses, violating a protective order and second degree robbery.
SANTIAGO has been detained since his arrest. On February 13, 2017, he pleaded guilty to one count of possession of a firearm by a previously convicted felon.
This matter was investigated by the Hartford Police Department and the FBI’s Northern Connecticut Violent Crimes Task Force. The case was prosecuted by Assistant U.S. Attorney Patricia Stolfi Collins.
Gloucester County, New Jersey, Man Sentenced to 106 Months in Prison for Overseeing Camden Drug Trafficking ConspiracyRead the Press Release
CAMDEN, N.J. - A Gloucester County man was sentenced today to 106 months in prison for his role in conspiring over 15 months to sell crack cocaine in Camden, Acting U.S. Attorney William E. Fitzpatrick announced.
Harold Miller, 41, of Sewell, New Jersey, pleaded guilty before U.S. District Judge Joseph H. Rodriguez in Camden federal court to an information charging him with conspiracy to distribute and to possess with intent to distribute cocaine base.
According to documents filed in this case and statements made in court:Miller was arrested on Sept. 2, 2015, following a long-term investigation by the FBI’s South Jersey Violent Offender and Gang Task Force into an organization that controlled the distribution of crack cocaine on Pfeiffer Street in Camden.
Members of the drug organization sold crack cocaine to a confidential source and to customers who arrived in vehicles and on foot. Law enforcement officers intercepted conversations over multiple court-authorized wiretaps during which Miller and his conspirators discussed drug trafficking activities on Pfeiffer Street. Miller oversaw and managed the activities of this drug trafficking organization. Rasheed Wise, Rodney Wall, and David Wilkerson, all of Camden, previously pleaded guilty to their respective roles in the charged conspiracy. Wall was sentenced May 4, 2017, to 100 months in prison and Wilkerson was sentenced April 5, 2017, to 77 months in prison. Wise is awaiting sentencing.
In addition to the prison term, Judge Rodriguez sentenced Miller to three years of supervised release.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI’s South Jersey Violent Offender and Gang Task Force, South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster; the Camden County Police Department, under the direction of Chief J. Scott Thomson; the Camden County Prosecutor’s Office, under the direction of Prosecutor Mary Eva Colalillo; and the N.J. State Police, under the direction of Col. Rick Fuentes, with the investigation leading to today’s sentencing.
The government is represented by Deputy Attorney-in-Charge Matthew J. Skahill of the U.S. Attorney’s Office in Camden.Defense counsel: Christopher H. O’Malley Esq., Assistant Federal Public Defender, Camden
Gloucester County Man Sentenced to Prison for Child PornographyRead the Press Release
NEWPORT NEWS, Va. – Timothy Justin George, 27, of Gloucester County, was sentenced today to six years in prison and 10 years of supervised release for distribution of child pornography.
George pleaded guilty on February 1. According to the statement of facts filed with the plea agreement, in September 2016, law enforcement conducted a search of George’s home and seized a number of electronic devices. A forensic examiner completed a forensic analysis of the devices and found over 31,000 images of child pornography.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by Senior U.S. District Judge Henry Coke Morgan, Jr. Assistant U.S. Attorney Lisa R. McKeel prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Justice Department’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:16-cr-96.
Fort Worth Man Sentenced to Lengthy Prison Sentence for Role in Methamphetamine Distribution ConspiracyRead the Press Release
FORT WORTH, Texas — Jake Lindsey Hardin, a/k/a “Cash,” 33, was sentenced last week by U.S. District Judge John McBryde to 240 months in federal prison for his role in a methamphetamine distribution conspiracy, announced U.S. Attorney John Parker of the Northern District of Texas.
Hardin pleaded guilty to one count of conspiracy to possess with intent to distribute a controlled substance. Hardin was a fugitive for six months before his arrest in November 2016.
In between April and August 2016, 80 defendants were charged in drug conspiracy cases related to this one, including some members and associates of the Aryan Brotherhood of Texas prison gang.
According to plea documents, in 2014 and 2015 Hardin received ounce quantities of methamphetamine from other co-conspirators often on consignment. In turn, Hardin distributed methamphetamine to various customers in the Fort Worth, Texas area.
The Drug Enforcement Administration (DEA), U.S. Immigrations and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Fort Worth Police Department, the Texas Department of Public Safety (DPS), and the Bureau of Alcohol, Tobacco, and Firearms (ATF) investigated. Assistant U.S. Attorneys Shawn Smith and Frank Gatto prosecuted the case.
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Former Walnut Grove City Clerk Pleads Guilty to Embezzling City FundsRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that the former city clerk of Walnut Grove, Mo., pleaded guilty in federal court today to a credit card fraud scheme in which she embezzled city funds.
Cari Gillmore, 45, of Springfield, waived her right to a grand jury and pleaded guilty before U.S. Magistrate Judge David P. Rush to a federal information that charges her with credit card fraud.
By pleading guilty today, Gillmore admitted that she conducted financial transactions for personal expenses with credit cards that were issued to the city of Walnut Grove. Those purchases were made without the permission of city officials and were unrelated to the business or affairs of the city of Walnut Grove. Fraudulent credit card transactions conducted by Gillmore between Jan. 1 and Dec. 31, 2015, totaled $27,308. From January 2014 and June 13, 2016, Gillmore engaged in additional relevant conduct for a total loss amount of $67,598.
Under federal statutes, Gillmore is subject to a sentence of up to 15 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Patrick Carney. It was investigated by the FBI and the Greene County, Mo., Sheriff’s Department.
Former Teller Sentenced for Embezzling from Bank in Coffey CountyRead the Press Release
TOPEKA, KAN. - A former teller at a bank in Burlington was sentenced Friday to 51 months in federal prison for embezzling from the bank, U.S. Attorney Tom Beall said today. She was ordered to pay more than $850,000 in restitution.
Denise Christy, 48, Burlington, Kan., was convicted in a jury trial in January on one count of embezzlement, six counts of making false bank entries, six counts of filing false tax returns and six counts of money laundering.
During trial, the prosecutor presented evidence the crimes were committed while Christy worked as a retail financial services representative and backup vault teller for the Burlington branch of Central National Bank. One of Christy’s duties was to sell cash in the bank’s vault to the Federal Reserve Bank. In May 2014 auditors determined that more than $700,000 was missing from the vault. Christy falsely claimed the money was shipped to the Federal Reserve Bank via the Garda security company. An investigation showed Christy falsified bank records to cover up the embezzlement and failed to report the embezzled funds as part of her income. In addition, she unlawfully conducted financial transactions in order to spend more than $77,000 in embezzled funds to pay off loans that she and her husband maintained at Farmers State Bank in Aliceville, Kan.
Beall commended the Internal Revenue Service and Assistant U.S. Attorney Rich Hathaway for their work on the case.
Former Puerto Rico Police Officer Pleads Guilty to Civil Rights Violation for Assaulting JuvenileRead the Press Release
The Justice Department announced today that Shylene Lopez, former Police of Puerto Rico (POPR) officer with the Carolina Drug Unit, has pleaded guilty in federal court to violating the civil rights of a juvenile arrestee. According to an indictment unsealed in September 2016, Lopez and co-defendants Jose Cartagena, Carlos Nieves, and Jimmy Davis, all POPR officers, used excessive force against C.C., a minor arrested for drug possession, during a police operation on Nov. 15, 2014.
As a part of her guilty plea, Lopez admitted that on Nov. 15, 2014, while the defendants pursued C.C. from a police vehicle, and while C.C. fled from the defendants on his bicycle, co-defendant Nieves exited the police vehicle and shot C.C. in the back with his gun. The defendants eventually caught up with C.C., and C.C. complied with police commands to place his hands behind his back while lying face down on the ground. Lopez admitted that co-defendant Cartagena then held the victim’s hands together and struck the victim on the back of the head with a gun. The officers placed the victim in the rear of the police vehicle between co-defendant Nieves and Lopez. Lopez admitted that on the way to the police station, co-defendant Davis told the victim to talk or they would break his head open, and co-defendant Cartagena struck the victim with an open hand multiple times. Lopez admitted that she also struck the victim by using her open hand to slap the victim twice on the back of the head while he was handcuffed. Once they arrived at the police station, C.C. refused to answer questions. In response, co-defendant Davis took C.C. to a back room. While in the back room, co-defendant Davis struck the victim in the face while the victim sat in a chair. Lopez admitted that the defendants’ abuse caused C.C. extreme physical pain and required him to seek treatment at a local area hospital.
“Honorable law enforcement officers are the cornerstone of our system of Justice,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “When law enforcement officers fail to follow the laws they are sworn to uphold, they undermine their fellow officers and the rule of law. The Civil Rights Division will continue to vigorously prosecute those officers who violate their oaths by willfully using excessive force on persons in their custody.”
“Law enforcement officials are not above the law,” said U.S. Attorney Rosa Emilia Rodríguez-Vélez for the District of Puerto Rico. “When they abuse their authority by violating the civil rights of the citizens they are sworn to protect, they will be held accountable.”
At sentencing, Lopez faces a maximum of ten years in prison. Sentencing will be set by the court on a future date.
This case is being investigated by the FBI’s San Juan Division. It is being prosecuted by Assistant U.S. Attorneys José Contreras and Victor Acevedo of the District of Puerto Rico and Special Litigation Counsel Gerard Hogan and Trial Attorney Gabriel Davis of the Civil Rights Division’s Criminal Section.
Former Puerto Rico Police Officer Pleads Guilty to Civil Rights Violation for Assaulting JuvenileRead the Press Release
WASHINGTON – The Justice Department announced today that Shylene Lopez, former Police of Puerto Rico (POPR) officer with the Carolina Drug Unit, has pleaded guilty in federal court to violating the civil rights of a juvenile arrestee. According to an indictment unsealed in September 2016, Lopez and co-defendants Jose Cartagena, Carlos Nieves, and Jimmy Davis, all POPR officers, used excessive force against C.C., a minor arrested for drug possession, during a police operation on Nov. 15, 2014.
As a part of her guilty plea, Lopez admitted that on Nov. 15, 2014, while the defendants pursued C.C. from a police vehicle, and while C.C. fled from the defendants on his bicycle, co-defendant Nieves exited the police vehicle and shot C.C. in the back with his gun. The defendants eventually caught up with C.C., and C.C. complied with police commands to place his hands behind his back while lying face down on the ground. Lopez admitted that co-defendant Cartagena then held the victim’s hands together and struck the victim on the back of the head with a gun. The officers placed the victim in the rear of the police vehicle between co-defendant Nieves and Lopez. Lopez admitted that on the way to the police station, co-defendant Davis told the victim to talk or they would break his head open, and co-defendant Cartagena struck the victim with an open hand multiple times. Lopez admitted that she also struck the victim by using her open hand to slap the victim twice on the back of the head while he was handcuffed. Once they arrived at the police station, C.C. refused to answer questions. In response, co-defendant Davis took C.C. to a back room. While in the back room, co-defendant Davis struck the victim in the face while the victim sat in a chair. Lopez admitted that the defendants’ abuse caused C.C. extreme physical pain and required him to seek treatment at a local area hospital.
“Honorable law enforcement officers are the cornerstone of our system of Justice,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “When law enforcement officers fail to follow the laws they are sworn to uphold, they undermine their fellow officers and the rule of law. The Civil Rights Division will continue to vigorously prosecute those officers who violate their oaths by willfully using excessive force on persons in their custody.”
“Law enforcement officials are not above the law,” said U.S. Attorney Rosa Emilia Rodríguez-Vélez for the District of Puerto Rico. “When they abuse their authority by violating the civil rights of the citizens they are sworn to protect, they will be held accountable.”At sentencing, Lopez faces a maximum of ten years in prison. Sentencing will be set by the court on a future date.
This case is being investigated by the FBI’s San Juan Division. It is being prosecuted by Assistant U.S. Attorneys José Contreras and Victor Acevedo of the District of Puerto Rico and Special Litigation Counsel Gerard Hogan and Trial Attorney Gabriel Davis of the Civil Rights Division’s Criminal Section.
Former Meharry Medical College Employee Pleads Guilty to Theft of Federal Program FundsRead the Press Release
Carolyn McCain-Davis, 54, of Spring Hill, Tennessee, pleaded guilty on Friday to embezzling funds from a federal program while employed at Meharry Medical College (“MMC”), announced Jack Smith, Acting United States Attorney for the Middle District of Tennessee.
According to facts presented at the plea hearing, MMC receives funding from the U.S. Department of Health & Human Services through the National Institutes of Health. McCain-Davis was employed at MMC as a grants development specialist and was responsible for approving invoices and processing payment requests relating to MMC’s employees and vendors.
McCain-Davis admitted that between August 2009 and May 2013, she devised and carried out a scheme to defraud the United States by submitting false invoices, as an agent of MMC, from companies that were not legitimate vendors nor was any service provided to MMC. The false invoices were often submitted under the names of companies set up by McCain-Davis and she approved and submitted payment requests and directed payments to bank accounts under her control.
McCain-Davis also processed reimbursement payments to herself for expenses that were never incurred and intercepted re-imbursement payments to other employees, forged the signatures of the payees and deposited those checks into bank accounts under her control or under the control of a close relative. McCain-Davis fraudulently obtained over $133,000 through the operation of this scheme.
McCain-Davis faces up to 10 years in prison, a $250,000 fine, and three-year term of supervised release. She will be sentenced on August 9, 2017.
This case is being investigated by U.S. Department of Health and Human Services - Office of Inspector General. Assistant U.S. Attorney Stephanie N. Toussaint is prosecuting the case.
Former Inmate at FCI-Berlin Sentenced for Drug PossessionRead the Press Release
CONCORD, NH – Acting United States Attorney John J. Farley announced today that Jason Ponder, 36, an inmate who had been at the Federal Correctional Institution in Berlin, New Hampshire, was sentenced to eight months in federal prison after pleading guilty to possessing contraband in the prison. Ponder possessed a quantity of the synthetic cannabinoid known as AB-Fubinaca, a controlled substance. Ponder was transferred to another federal prison after the incident. Ponder’s sentence will be added to the federal sentence he is currently serving.
On March 12, 2016, Ponder was visited by his girlfriend and a minor child. While the three were in the prison’s Visitation Room, the girlfriend passed three small white packages to Ponder. The correctional staff monitoring the visitation room saw the activity and it was captured on the prison’s security cameras. Ponder’s visit was immediately terminated and the girlfriend surrendered two packages of material to prison officials. Laboratory analysis of the material confirmed it was the Schedule I synthetic cannabinoid known as AB-Fubinaca.
Synthetic cannabinoids are green leafy materials that have been sprayed with chemicals. These products (commonly referred to as “spice” or “K2”) are smoked in order to obtain a high. The chemicals that are sprayed on the products to produce the high are often illegal controlled substances or analogues of illegal controlled substances. The ingestion of these types of illegal products has caused some users to experience a variety of medical side effects and has led to numerous hospitalizations and, in some cases, deaths.
The case was investigated by the Federal Bureau of Prisons and was prosecuted by AUSA Don Feith.
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Former Erie County Democratic Party Chair Charged with Soliciting Illegal Campaign ContributionRead 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 G. Steven Pigeon, 56, of Buffalo, NY, was charged by complaint with unlawfully soliciting a campaign contribution from a foreign national and conspiracy to commit such an offense. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Paul E. Bonanno, who is working on the case, together with attorneys from the United States Department of Justice’s Public Integrity Section, stated that between 2010 and 2015, Pigeon was working, among other things, as a political consultant and lobbyist and ran various companies that were engaged in such consulting and lobbying activities. One of Pigeon’s clients was an online gaming company based in Montreal, Canada that was founded and operated by a Canadian national. Between 2010 and 2015, that Canadian company paid approximately $388,000 to Pigeon and his companies, for among other things, lobbying efforts aimed at the legalization of internet gambling.
According to the complaint, between January 31, 2014, and February 25, 2014, the defendant orchestrated a $25,000 donation from the founder and CEO of the Canadian online gambling company to the reelection campaign of a public official. After the donation was twice rejected, the campaign contribution was ultimately funneled through an individual from Florida.
The defendant made an initial appearance this morning before U.S. Magistrate Judge Michael J. Roemer and was released on bond.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the New York State Attorney General’s office, under the direction of Eric T. Schneiderman.
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.
Fifteen Illegal Aliens Arrested on Federal Identity Theft ChargesRead the Press Release
BEAUMONT, Texas – Fifteen illegal aliens working under false identities have been arrested on charges out of the Eastern District of Texas, announced Acting United States Attorney Brit Featherston today.
On the evening of May 4, 2017, federal and state agents arrested 15 illegal aliens working under false identities at the LNG facility under construction in Cameron, Louisiana. Earlier in the week, a federal grand jury in Beaumont returned indictments charging the individuals with identity theft, using social security numbers of actual citizens, and making false claims of United States citizenship in order to obtain jobs at the facility over the past three years. The defendants, who are in the United States illegally, were all working under assumed names obtained through the possession of fraudulently obtained legitimate social security numbers and matching birth certificates, primarily issued in Puerto Rico. With such primary identifying information the defendants obtained State issued identification cards from Louisiana, Arkansas, Missouri, Texas, and other states. The use of such documents allowed the illegal aliens to pass the E-verify systems used by their employers to ascertain U.S. citizenship or alien lawful work permits. All 15 aliens were identified after being arrested under their assumed names. Some had previous encounters with immigration authorities and had returned to the United States, which can lead to further charges being added or increased sentences upon conviction of the current charges. The defendants had all been hired by subcontractors who used hiring offices in Port Arthur, Texas, to accept applications, interview, and E-verify employees who then report to the jobsite in Louisiana upon hiring. Those arrested and making initial appearances in federal court today are:
- Miguel Roblero-Morales, 36, of Guatemala;
- Mario Arnulfo Pantaleon-Castaneda, 30, of Guatemala;
- Luis Angel Pulido Cervantes, 29, of Mexico;
- Joel Pulido-Gutierrez, 27, of Mexico;
- Juan Manuel Zavala-Leon, 30, of Mexico;
- Rigoberto Romo Martinez, 41, of Mexico;
- Jose De Jesus Vega-Gutierrez, 31, of Mexico;
- Juan Alexis Juarez-Coto, 46, of Honduras;
- Felix Jiminez-Ruiz, 25, of Mexico;
- Jose Gutierrez-Valencia, 27, of Mexico;
- Bernardo Hernandez-Gallo, 37, of Mexico;
- Elizar Alvarez-Barajas, 43, of Mexico;
- Roberto Carlos Cruz Cruz, 28 of Mexico;
- Guily Tenorio-Sierra, 21, of Mexico; and
- Arturo Rebollar-Osorio, 34, of Mexico.
“Protecting critical infrastructure is a national security priority for law enforcement,” said Acting U.S. Attorney Brit Featherston. “To do so we must make sure that workers in our community, and especially those working in proximity to vital national interests like our oil and chemical industries, are legal and properly vetted as required by law. Further, we must remain vigilant to these concerns to protect the economy and the law abiding worker.”
If convicted, the defendants each face up to five years in federal prison. The statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations, ICE Enforcement and Removal Operations, Social Security Administration Office of Inspector General, Coast Guard Investigative Service, and the Texas Department of Public Safety and prosecuted by Assistant U.S. Attorney Robert L. Rawls.
An indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Federal Jury Convicts Albuquerque Man and Woman on “Spice” Trafficking ChargesRead the Press Release
ALBUQUERQUE – A federal jury sitting in Albuquerque, N.M., returned a verdict on Friday night finding Albuquerque residents Fidal Abdeljawad, 49, and Ashley Watson, 31, guilty on synthetic cannabinoids trafficking charges after a five-day trial. Acting U.S. Attorney James D. Tierney and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division announced the guilty verdict.
Abdeljawad and Watson were charged with trafficking in synthetic cannabinoids, more commonly known as “spice,” in an indictment that was filed in Sept. 22, 2015, and superseded in Dec. 2015. The four-count superseding indictment charged Abdeljawad and Watson with participating in a “spice” trafficking conspiracy from March 2014 through Feb. 2015. It also charged the defendants with possessing “spice” with intent to distribute on May 8, 2014, and Feb. 19, 2015, and Abdeljawad alone with possessing “spice” with intent to distribute on May 7, 2014. According to the superseding indictment, Abdeljawad and Watson committed the crimes in Bernalillo County, N.M.
The trial of Abdeljawad and Watson began on May 1, 2017, and concluded at approximately 8:00 p.m. on May 5, 2017, when the jury returned a guilty verdict against Abdeljawad and Watson on all four counts of the superseding indictment.
Testimony at trial established that the DEA initiated an investigation into “spice” trafficking in Albuquerque in 2014, after receiving information that Abdeljawad, the owner of “Sean’s Smoke Shop” on Central Avenue SE in Albuquerque, and others were distributing “spice.” Law enforcement officers testified that on May 7, 2014, they executed a search at “Sean’s Smoke Shop” and Abdeljawad’s van, and seized more than 100 packets of “spice” and bundles of cash totaling more than $10,000. Abdeljawad was arrested that day on state charges and later was released on bond. The next day, the DEA learned that Abdeljawad had a storage unit near “Sean’s Smoke Shop,” which was leased out in Watson’s name. During a search of the storage unit, the DEA seized more than 500 additional packets of “spice.”
Other evidence at trial, including the testimony of witnesses and telephone conversations and text messages captured through court-authorized wire-taps, established that despite his arrest on state charges, Abdeljawad continued to distribute “spice” in collaboration with Watson. Abdeljawad would order shipments of “spice” from suppliers, who delivered the “spice” to Watson and she coordinated the distribution of “spice” to others in exchange for money. On Feb. 19, 2015, the DEA intercepted a package that was in the process of being shipped to Watson. The DEA opened the package after obtaining a search warrant for it, and found that it contained 100 packets of “spice.” Abdeljawad and Watson were arrested in Sept. 2015, after they were indicted.
The jury deliberated approximately four hours before returning its guilty verdict.
Abdeljawad and Watson were remanded into custody after the verdict was returned and will remain detained pending their sentencing hearings, which have yet to be scheduled. At sentencing, Abdeljawad and Watson each face a statutory maximum penalty of 20 years in federal prison.
This case, which was investigated by the Albuquerque office of DEA, was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations. Assistant U.S. Attorneys Timothy S. Vasquez and Kristopher N. Houghton are prosecuting the case.
The controlled substance analogues charged in the indictment are commonly referred to as synthetic cannabinoids or “spice.” According to the DEA, over the past several years, there has been a growing use of synthetic cannabinoids. Smoke-able herbal blends marketed as being “legal” and providing a marijuana-like high have become increasingly popular because they are easily available and, in many cases, more potent and dangerous than marijuana. These products consist of plant material that has been coated with dangerous psychoactive compounds that mimic THC, the active ingredient in marijuana. These substances, however, have not been approved by the Food and Drug Administration for human consumption, and there is no oversight of the manufacturing process. Synthetic cannabinoids often are labeled as incense to mask their intended purpose.
Executive Office for Immigration Review Swears in Seven Immigration JudgesRead the Press Release
FALLS CHURCH, VA – The Executive Office for Immigration Review (EOIR) today announced the investiture of seven new immigration judges. Chief Immigration Judge MaryBeth Keller presided over the investiture during a ceremony held May 5, 2017, at EOIR headquarters in Falls Church, Va.
After a thorough application process, Attorney General Jeff Sessions appointed Nina M. Carbone, Jennifer I. Gaz, Charlotte S. Marquez, Jose L. Peñalosa Jr., Donald W. Thompson, David C. Whipple, and Ryan R. Wood to their new positions.
Biographical information follows.
Nina M. Carbone, Immigration Judge, Aurora Immigration Court
Attorney General Jeff Sessions appointed Nina M. Carbone to begin hearing cases in April 2017. Judge Carbone earned a Bachelor of Arts degree in 2005 from the University of Kansas and a Juris Doctor in 2008 from the John Marshall Law School. From 2015 to 2017, she served as an assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Denver, Colo. From 2012 to 2015, she was an associate general counsel at the Employee Labor Relations Unit, Office of the General Counsel, Executive Office for Immigration Review (EOIR), Department of Justice (DOJ). From 2010 to 2012, she served as an attorney advisor in the Office of the Chief Immigration Judge, EOIR, DOJ. From 2008 to 2010, she served as a judicial law clerk at the Miami Immigration Court, EOIR, DOJ, entering on duty through the Attorney General’s Honors Program. Judge Carbone is a member of the Illinois State Bar.
Jennifer I. Gaz, Immigration Judge, Eloy Immigration Court
Attorney General Jeff Sessions appointed Jennifer I. Gaz to begin hearing cases in April 2017. Judge Gaz earned a Bachelor of Arts degree in 1994 from the University of Illinois at Urbana–Champaign and a Juris Doctor in 1997 from the DePaul University College of Law. From May 2007 through April 2017, she served as an assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Eloy and Phoenix, Ariz. From November 2003 to April 2007, she was an associate attorney with Wolin, Kelter & Rosen Ltd. From October 2000 to October 2003, she served as staff counsel with the Office of the General Counsel, Chicago Housing Authority. From 1999 to 2000, she was an associate attorney with Fraterrigo, Beranek, Feiereisel & Kasbohm in Chicago. From 1997 to 1999, she was an associate attorney with Eannace, Meade & Associates. Judge Gaz is a member of the Illinois State Bar.
Charlotte S. Marquez, Immigration Judge, New Orleans Immigration Court
Attorney General Jeff Sessions appointed Charlotte S. Marquez to begin hearing cases in April 2017. Judge Marquez earned a Bachelor of Science degree in 1995 from Louisiana State University and a Juris Doctor in 1998 from Tulane Law School. From March 2006 to April 2017, she served as an assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in New Orleans, La. From June 2000 through March 2006, she was an associate attorney with Jones Walker LLP. From August 1998 to June 2000 she was an associate attorney with McCalla, Thompson, Pyburn, Hymowitz & Shapiro LLP. Judge Marquez is a member of the Louisiana State Bar.
José Luis Peñalosa Jr., Immigration Judge, Adelanto Immigration Court
Attorney General Jeff Sessions appointed José Luis Peñalosa Jr. to begin hearing cases in April 2017. Judge Peñalosa earned a Bachelor of Arts degree in 1986 from the University of California, Los Angeles, and a Juris Doctor in 1989 from the Arizona State University Sandra Day O’Connor College of Law. From May 1993 to April 2017, he was a solo practitioner at Peñalosa & Associates P.C. From May 1991 to May 1993, he was an attorney with Friendly House Inc. in Phoenix. Judge Peñalosa is a member of the State Bar of Arizona and the Colorado Bar.
Donald W. Thompson, Immigration Judge, New York City Immigration Court
Attorney General Jeff Sessions appointed Donald W. Thompson to begin hearing cases in April 2017. Judge Thompson earned a Bachelor of Arts degree in 2003 from the College of New Jersey and a Juris Doctor in 2006 from the Seton Hall University School of Law. From September 2007 to April 2017, he served as an assistant chief counsel for the Office of Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in San Francisco and New York, N.Y. From 2006 to 2007, he clerked for the Honorable Estela De La Cruz of the New Jersey Superior Court. Judge Thompson is a member of the New York and New Jersey State Bars.
David C. Whipple, Immigration Judge, Cleveland Immigration Court
Attorney General Jeff Sessions appointed David C. Whipple to begin hearing cases in April 2017. Judge Whipple earned a Bachelor of Arts degree in 1991 and a Master of Arts in 1995 from the University of Michigan, and a Juris Doctor in 2007 from the University of Idaho College of Law. From March 2016 to April 2017, he served as a special assistant U.S. attorney in the U.S. Attorney’s Office, District of Arizona, Department of Justice. From October 2009 through April 2017, he served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Eloy and Florence, Ariz. From May 2007 to October 2009, he served as a deputy prosecuting attorney for the Office of the Kootenai County Prosecuting Attorney in Idaho. Judge Whipple is a member of the Idaho State Bar.
Ryan R. Wood, Immigration Judge, Bloomington Immigration Court
Attorney General Jeff Sessions appointed Ryan R. Wood to begin hearing cases in April 2017. Judge Wood earned a Bachelor of Arts degree in 2000 from Hamline University, a Juris Doctor in 2004 from the Hamline University School of Law, and a Master of Business Administration in 2015 from the Hamline University School of Business. From November 2014 to April 2017, he served as a special assistant U.S. attorney in the U.S. Attorney’s Office, District of Minnesota, Department of Justice. From October 2009 through November 2014, he served as an assistant chief counsel for the Office of the Chief Counsel, Immigration and Customs Enforcement, Department of Homeland Security, in Fort Snelling, Minn. From January 2005 to October 2009, he was a judge advocate with the U.S. Army Judge Advocate General Corps, serving in the 4th and 7th Infantry Divisions. Judge Wood is a member of the Minnesota State Bar.
Executive Director of Ocean City, New Jersey, Housing Authority Admits Embezzling Federal FundsRead the Press Release
CAMDEN, N.J. – The executive director of the Ocean City, New Jersey, Housing Authority (OCHA) today admitted embezzling federal funds received by authority from the U.S. Department of Housing and Urban Development (HUD), Acting U.S. Attorney William E. Fitzpatrick announced.
Alesia Watson, 54, of Galloway Township, New Jersey, pleaded guilty before U.S. Magistrate Judge Karen M. Williams in Camden federal court to an information charging her with one count of embezzling federal funds received from HUD and administered by OCHA to which she was not entitled.
According to documents filed in the case and statements made in court:
As executive director, Watson had access to two credit cards maintained by OCHA. From December 2013 through March 2015, Watson purchased 69 MasterCard gift cards using these two OCHA credit cards. She used the gift cards for personal expenses not associated with OCHA or provided them to friends and family members. Watson then used federal funds received from HUD and administered by OCHA to pay the credit card bills associated with the purchase of the gift cards. According to the plea agreement, the loss associated with the embezzlement was more than $6,500 but less than $15,000.
The embezzlement charge carries a maximum penalty of one year in prison and a $100,000 fine, or twice the gain or loss from the offense. Sentencing is scheduled for Aug. 15, 2017.
Acting U.S. Attorney Fitzpatrick credited special agents of the U.S. Department of Housing and Urban Development, Office of the Inspector General, under the direction of Special Agent in Charge Christina Scaringi, and special agents of the U.S. Secret Service, Newark Field Office, under the direction of Special Agent in Charge Mark McKevitt, with the investigation leading to today’s guilty plea.
The government is represented by Deputy Attorney-in-Charge Matthew J. Skahill of the U.S. Attorney=s Office in Camden.
District Woman Pleads Guilty to Felony Charges for Injuring Pedestrians and Ramming into CarsRead the Press Release
WASHINGTON – Donnie Bean, 48, of Washington, D.C., pled guilty today to charges stemming from incidents over a 90-minute period in which she struck numerous cars and pedestrians, including a police vehicle, while driving under the influence of alcohol and cannabinoids in downtown Washington, U.S. Attorney Channing D. Phillips announced.
Under what is known as the Alford doctrine, Bean pled guilty in the Superior Court of the District of Columbia to three counts of assault with a dangerous weapon and one count of felony assault on a police officer. Under an Alford plea, the defendant does not admit the allegations but agrees that the government has enough evidence to secure a conviction. The plea, which is subject to the Court’s approval, calls for an agreed-upon sentence of five to seven years in prison. The Honorable Danya A. Dayson scheduled sentencing for July 28, 2017.
The plea involved a series of incidents that took place on Saturday, May 7, 2016, from approximately 5:45 p.m. until 6:30 p.m. According to the government’s evidence, Bean was under the influence of alcohol and cannabinoids, as well as suffering from unmedicated mental health conditions, that day when she drove a black Honda Civic in downtown Washington.
At approximately 6 p.m., according to the government’s evidence, she ran a red light at the intersection of Seventh Street and Florida Avenue NW. She struck a bicyclist and continued through the intersection, then striking and knocking to the ground a 9-year-old girl who was crossing the street with her family. The child was taken to a hospital with minor injuries.
At about 6:10 p.m., Bean nearly hit two other people who were in a crosswalk at Fifth and H Streets NW. After one of the pedestrians yelled at her, Bean replied with words to the effect of “You wanna make it real?” and made a U-turn and then drove back at them. They escaped harm by dodging behind a traffic signal pole.
Shortly thereafter, according to the government’s evidence, Bean rear-ended a car at Fifth Street and Massachusetts Avenue NW. The driver of that car got out of his vehicle, tapped on Bean’s window, and told her not to leave. Bean backed up and accelerated toward him, hitting him and flipping him over her car into the middle of Massachusetts Avenue NW. The man was treated on the scene by paramedics and later went to the hospital with minor injuries.
Bean continued to flee. Officers with the Metropolitan Police Department (MPD) saw Bean driving erratically and attempted to stop her. An officer, who was in full uniform and driving a marked police car, saw her in the 1200 block of V Street NW and attempted to stop her. She tried to leave the scene, rammed her vehicle into the police car, and fled westbound into the 1300 block of V Street NW. The officer pulled alongside Bean’s car, trying to stop her, and she rammed her car into the side of his police vehicle several times. He eventually was able to stop Bean. Several officers removed her from the vehicle and placed her in handcuffs.
In announcing the plea, U.S. Attorney Phillips commended the work of those who investigated the case from the Metropolitan Police Department (MPD). He also acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Victim/Witness Advocates Jennifer Clark and Diana Lim, and Assistant U.S. Attorneys Natasha Smalky, C.B. Buente, and Vanessa Goodwin, who investigated and prosecuted the case.
Colorado Man Sentenced for Mail FraudRead the Press Release
Acting United States Attorney Robert C. Stuart announced today that Benedict T. Palen, Jr., age 63, of Denver, Colorado, was sentenced for his conviction on one count of mail fraud. United States District Court Judge Robert F. Rossiter sentenced Palen on May 5, 2017 to a term of probation of five years. Palen was further ordered to perform 200 hours of community service and to pay the remaining unpaid restitution in the amount of $2,500.
In September of 2012, Palen, acting through his company, Great Plains Farms, sold a John Deere tractor to an individual in Holdrege, Nebraska for $45,000 representing it to be free and clear of liens. A $20,000 check was mailed to Palen as a down payment. On the same date, Palen sold the same tractor to an individual in North Dakota. Further investigation revealed that not only was there a lien against the tractor by a bank in Kansas, but the same tractor had actually been sold in 2011 by the defendant, as vice-president of Pull Pans, Inc., to a company in Florida. When Palen had not delivered the tractor to the Holdrege buyer by April of 2013, Palen claimed there was a discrepancy in the number of hours on the tractor and modified the agreement to provide for delivery of a different John Deere tractor thereby causing the buyer to mail a $25,000 check to Palen for the remaining amount due. However, this alternate tractor had also been sold in 2011 by Palen, as vice-president of Pull Pans, Inc., to the Florida company.
In November of 2013, Palen acting through his company, Great Plains Farms, sold a different John Deere tractor to an individual in Bertrand, Nebraska, but did not deliver it after receiving a down payment of the purchase price. This tractor also had been previously sold by Palen, as vice-president of Pull Pans, Inc. to the Florida company.
This case was investigated by the Postal Inspection Service.
"The U.S. Postal Inspection Service will continue to protect the integrity of the US Mail and aggressively investigate individuals such as Benedict Palen who use the mail to defraud individuals or businesses of money and property," said Craig Goldberg, Inspector in Charge of the Denver Division of the United States Postal Inspection Service, which covers Nebraska. "We want the public to know that Postal Inspectors will aggressively pursue anyone who attempts to use the Postal Service to facilitate such frauds and we will not allow the US Mail to be used to commit crimes."
Colombian National Pleads Guilty to Illegal Reentry After DeportationRead the Press Release
BOSTON – A Colombian man pleaded guilty today in federal court in Worcester to a federal immigration crime.
Hernan Lopez Castaneda, aka Carlos Velasquez, aka Gustavo Velandia, 60, a Colombian national who was residing in Queens, N.Y., pleaded guilty to one count of illegal re-entry of a deported alien. U.S. District Court Judge Timothy S. Hillman scheduled sentencing for Aug. 2, 2017.
Lopez has illegally entered the United States on multiple occasions. He was first deported in 2006. In 2013, Lopez was convicted in federal court of illegal re-entry of a deported alien and was deported. Lopez re-entered the United States and was again removed in September 2015. Sometime after his removal in September 2015, Lopez again illegally re-entered the United States.
On Dec. 28, 2016, law enforcement officers in Auburn, Mass., stopped Lopez for two traffic violations as he exited the Auburn Mall. When asked for his license and registration, Lopez was unable to produce a license, but provided the officers with a passport with a false name. The officers arrested Lopez for operating a motor vehicle without a license, and his vehicle was towed. Prior to the tow, officers inventoried the vehicle and found thousands of dollars’ worth of retail merchandise that was deemed stolen. Police learned Lopez’s legal name and immigration status when he was fingerprinted during booking.
The charging statute provides for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Lopez will be subject to deportation upon completion of his sentence. Actual sentences for federal crimes are typically less than the maximum penalties. 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 Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney William F. Abely of Weinreb’s Worcester Branch Office is prosecuting the case.
California Man Pleads Guilty to Meth ConspiracyRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a California man pleaded guilty in federal court today to his role in a conspiracy to distribute large quantities of methamphetamine that was shipped from California to Springfield, Mo.
Romulo Frank Delatorre, 36, of Downey, Calif., pleaded guilty before U.S. Magistrate Judge David P. Rush to the charge contained in a Dec. 9, 2015, federal indictment.
Co-defendants Michael E. Ford, 37, Lisa Renae Thompson, 39, and John R. Waits, 46, all of Springfield, have also pleaded guilty to their roles in the drug-trafficking conspiracy. Thompson was sentenced to 11 years and three months in federal prison without parole. Waits and Ford, who also pleaded guilty to possessing a firearm in furtherance of that drug-trafficking conspiracy, have not been sentenced.
By pleading guilty today, Delatorre admitted that he participated in a conspiracy to distribute methamphetamine from June 1 through Sept. 11, 2015. Delatorre shipped methamphetamine from California to Springfield in two- to two-and-a-half-pound increments to Thompson. Thompson picked up the packages at various hotels in the Springfield area then contacted Ford. Ford picked up the methamphetamine from Thompson and distributed it to others.
After a few days, Ford would then meet with Thompson and give her $10,800. Thompson kept $800 and sent $10,000 to Delatorre.
Thompson admitted that she received approximately 24 pounds of methamphetamine, which she gave to Ford. Thompson also kept some of the methamphetamine and sold it directly to others with the assistance of Waits. Waits sold methamphetamine to an undercover agent on several occasions in June and July 2015. He participated in the conspiracy for six weeks and is responsible for the distribution of 12 pounds of methamphetamine.
After Thompson was arrested on Sept. 11, 2015, Ford began receiving methamphetamine shipments from Delatorre. On Sept. 30, 2015, the Springfield Police Department received a phone call from a FedEx employee about a suspicious package. Police officers delivered the 2.2-pound package of methamphetamine to Ford at a Springfield residence, where he was arrested. Ford had a Ruger .22-caliber handgun in his possession.
Under federal statutes, Delatorre is subject to a mandatory minimum sentence of 10 years in federal prison without parole, up to a sentence of life in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendants will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Abram McGull II. It was investigated by the Drug Enforcement Administration and the Springfield, Mo., Police Department.
Bumble Bee Agrees to Plead Guilty to Price FixingRead the Press Release
Bumble Bee Foods LLC has agreed to plead guilty for its role in a conspiracy to fix the prices of shelf-stable tuna fish, such as canned and pouch tuna, sold in the United States, the Department of Justice announced.
According to a one-count felony charge filed today in the U.S. District Court for the Northern District of California in San Francisco, Bumble Bee and its co-conspirators agreed to fix the prices of shelf-stable tuna fish from as early as the first quarter of 2011 through at least as late as the fourth quarter of 2013. In addition to agreeing to plead guilty, Bumble Bee has agreed to pay a $25 million criminal fine, which will increase to a maximum criminal fine of $81.5 million, payable by a related entity, in the event of a sale of Bumble Bee subject to certain terms and conditions. Bumble Bee has also agreed to cooperate with the Antitrust Division’s ongoing investigation. The plea agreement is subject to court approval.
“Today’s charge is the third to be filed – and the first to be filed against a corporate defendant – in the Antitrust Division’s ongoing investigation into price fixing among some of the largest suppliers of packaged seafood,” said Acting Assistant Attorney General Andrew Finch of the Justice Department’s Antitrust Division. “The division, along with our law enforcement colleagues, will continue to hold these companies and their executives accountable for conduct that targeted a staple in American households.”
“We echo the Department of Justice Antitrust Division's sentiment,” said Special Agent in Charge John F. Bennett of the FBI’s San Francisco Division. “Companies small and large hold a great deal of the American peoples’ trust and this type of unfair, greedy behavior will not be tolerated.”
Today’s charge is the result of an ongoing federal antitrust investigation into the packaged seafood industry, which is being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Field Office. Anyone with information on price fixing, bid rigging or other anticompetitive conduct related to the packaged seafood industry should contact the Antitrust Division’s Citizen Complaint Center at (888) 647-3258, visit www.justice.gov/atr/contact/newcase.html, or call the FBI tip line at (415) 553-7400.
Bumble Bee InformationBirmingham Man Receives 15 Year Prison SentenceRead the Press Release
BIRMINGHAM, AL – Acting United States Attorney Robert O. Posey of the Northern District of Alabama, and David Hyche, Assistant Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives announce that LUSION YOSHUA RICE, 31, of Birmingham, Alabama was sentenced to fifteen years in prison today for being a felon in possession of a firearm. U.S. District Judge R. David Proctor imposed the sentence.
In April 2016, a federal grand jury in the Northern District of Alabama charged RICE in a one-count indictment with possession of a firearm after having been convicted of violent felony offenses, including three such crimes that qualified him for an enhanced sentence under the Armed Career Criminal Act (ACCA). On May 21, 2015, Birmingham police officers were dispatched to a home on a complaint of a male with a gun causing a domestic disturbance. Upon arrival, officers found RICE with a beer in one hand and a shotgun in the other. He was immediately placed under arrest.
“The sentencing illustrates the positive effect of the resources provided by ATF and our law enforcement partners to combat the violent crime. ATF’s priority is to provide the safe environment for the public," stated Steven Gerido, Special Agent in Charge, Alcohol, Tobacco, Firearms and Explosives.
The joint investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Birmingham Police Department.
Assistant United States Attorney Gregory R. Dimler prosecuted the case on behalf of the United States.
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Berkeley County woman sentenced for heroin distributionRead the Press Release
MARTINSBURG, WEST VIRGINIA – Danielle Ey, 29, of Hedgesville, West Virginia, was sentenced today in federal court to 24 months incarceration for assisting in heroin distribution, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Ey pled guilty to one count of “Aiding and Abetting Possession with the Intent to Distribute Heroin” in January 2017. The crime occurred in March 2016 in Berkeley County.
Assistant U.S. Attorney Anna Z. Krasinski and Special Assistant U.S. Attorney Stephanie S. Taylor prosecuted the case on behalf of the government. The Federal Bureau of Investigation, along with Eastern Panhandle Drug and Violent Crime Task Force, a HIDTA-funded initiative investigated.
Chief U.S. District Judge Gina M. Groh presided.
Bangor Woman Pleads Guilty to Stealing Social Security BenefitsRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Shirley Reynolds, 60, of Bangor, pleaded guilty today in U.S. District Court to stealing Supplemental Security Income (SSI) benefits. SSI benefits are paid to people with limited income who are blind, disabled or elderly.
Court records reveal that between 2009 and October 2016, Reynolds falsely represented to the Social Security Administration (SSA) that she was living alone. In fact, she was living with her husband. When confronted by investigators, Reynolds said that she lied because she knew that her SSI benefits would be reduced or eliminated if she disclosed her true living situation.
defendant faces up to five years in prison and a $250,000 fine. She will be sentenced after completion of presentence investigation report by the U.S. Probation Office.
The case was investigated by the SSA, Office of the Inspector General.
Aliquippa, Pennsylvania Man Sentenced to 35 Years in Prison for Production of Child PornographyRead the Press Release
Baltimore, Maryland – On May 5, 2017, U.S. District Judge Ellen L. Hollander sentenced Michael John Bickel, age 26, of Aliquippa, Pennsylvania to 35 years in prison, followed by a lifetime of supervised release, for production of child pornography.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
Bickel is currently incarcerated in the Pennsylvania State Department of Corrections institution SCI Dallas in Dallas, Pennsylvania. According to his plea agreement, between September 24, 2013 through January 1, 2015, in the District of Maryland, Bickel, sexually abused and produced images of minors engaged in sexually explicit conduct.
In March 2015, after being arrest by law enforcement authorities in Washington County, Pennsylvania, Bickel disclosed that in addition to at least three local children he had sexually abused in Pennsylvania, he also sexually abused two minors during visits he made to Howard County, Maryland.
Bickel was prosecuted by authorities in Washington County, Pennsylvania, for child sex offenses he committed in that jurisdiction with children other than the two victims in Howard County, Maryland. He is currently serving a state sentence in Pennsylvania of between 59 and 118 years, for which he is expected to serve a minimum term of 59 years.
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.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
Acting United States Attorney Stephen M. Schenning commended the FBI for their work in the investigation. Mr. Schenning thanked Assistant U.S. Attorney Michael P. Cunningham, who prosecuted the case.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Joseph Sena, 40, of Albuquerque, N.M., pled guilty Friday, May 5, 2017, in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Sena and co-defendants Felix Ulibarri, 39, Leo Lopez, 27, and Jennifer Padilla, 39, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Ulibarri was indicted on July 28, 2016, and was charged with distributing methamphetamine on July 11, 2016. The indictment subsequently was superseded on Aug. 9, 2016, to add Lopez, Sena and Padilla. The superseding indictment charged Ulibarri and Padilla with participating in a conspiracy to distribute methamphetamine in July 2016; Lopez, Sena and Padilla with participating in a different conspiracy to distribute methamphetamine in July 2016; Ulibarri with distributing methamphetamine on July 11, 2016; and Sena with distributing methamphetamine on July 26, 2016. According to the indictment, the defendants committed the crimes in Bernalillo County.
On May 5, 2017, Sena pled guilty to Count 4 of the superseding indictment charging him with distribution of methamphetamine. In entering the guilty plea, Sena admitted that on July 26, 2016, he sold approximately 58 grams of methamphetamine in exchange for money. At sentencing, Sena faces a mandatory minimum penalty of five years and a maximum of 40 years in federal prison. A sentencing hearing has yet to be scheduled.
To date, 47 of the 104 defendants including Lopez have entered guilty pleas, and 18 have been sentenced. The remaining defendants, including Ulibarri and Padilla, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These cases were investigated by the Albuquerque office of ATF. This case was prosecuted by Assistant U.S. Attorney Edward Han.
Albany Man Sentenced to 37 Months for Possessing and Intending to Distribute Synthetic CannabinoidsRead the Press Release
ALBANY, NEW YORK – Shukri Abdullah, age 44, of Albany, was sentenced today to 37 months in prison and fined $5,000 for possessing and intending to distribute synthetic cannabinoids.
The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).
In August 2015, authorities located two garbage bags, filled with synthetic cannabinoids that were packaged for resale, hidden behind the counter of a deli in Albany. Abdullah is a co-owner of the business and was working behind the counter at the time of the seizure.
In October 2016, as part of his guilty plea, Abdullah admitted that he routinely obtained shipments of synthetic cannabinoids from suppliers in New York City, and paid between $7,000 and $9,000 in cash for each delivery.
Synthetic cannabinoids – often marketed as “Spice” and “K2” – are substances designed to mimic the effects of cannabis, and are often applied to herbal materials and then sold as a drug that can be smoked.
This case was investigated by the DEA and the Albany County Sheriff’s Office, and was prosecuted by Assistant United States Attorney Wayne A. Myers.
Saturday 6 May 2017
Two Individuals Arrested and Indicted for CarjackingRead the Press Release
SAN JUAN, P.R. – On May 4, 2017, a federal grand jury returned a three-count indictment against Nestor Morales-Cortijo, A.K.A. “Papum,” and José Vázquez-Millán for carjacking and using a firearm during a crime of violence, announced United States Attorney Rosa Emilia Rodríguez-Vélez. The Federal Bureau of Investigation is in charge of the investigation.
The indictment alleges that on or about April 27, 2017, in the District of Puerto Rico, Morales-Cortijo and Vázquez-Millán, while carrying and brandishing a firearm, did take a motor vehicle, to wit: a green, 2003 Mitsubishi Lancer, that had been transported, shipped or received in interstate or foreign commerce, from the presence of an adult female, by force, violence and intimidation, with the intent to cause death or serious bodily injury, in violation of Title 18, United States Code, Section 2119(1) and 2.
Defendant José Vázquez-Millán is facing one count for being felon in possession of ammunitions, having been convicted in court of a crime punishable by imprisonment for a term exceeding one year. Vázquez Millán did knowingly and unlawfully possess thirty-two (32) rounds of 9mm ammunition, said ammunition having been shipped and transported in interstate or foreign commerce.
In a separate criminal complaint authorized by US Magistrate Judge Bruce McGiverin, Jonathan Fuentes-Millán was charged for possession of a firearm in relation to a crime of violence and carjacking. On or about April 27, 2017, a female victim arrived to her residence, located at Loiza, Puerto Rico and parked her blue Toyota Prius in the driveway. Also at the residence was her husband, and two children. Shortly after, the victims heard gunshots outside. They attempted to close the front door when a male individual, accompanied by two others, demanded the car keys to the Prius, which they turned over. The males used the keys to start the vehicle, but then fled the area on foot.
Officers arrived at the scene and noticed bullet casings on the ground and blood stains along the exterior wall of the residence. Officers followed the blood stains and walked toward the adjacent property which is under construction and has open access. Inside the property they found Fuentes-Millán holding a black rifle loaded with a magazine, and two additional magazines in his waist band.
“These defendants planned and carjacked defenseless victims,” said US Attorney Rosa Emilia Rodríguez-Vélez. “These defendants will be brought to justice through the hard work of federal and state law enforcement agents and our prosecutors.”
“As always, the public’s help is essential to apprehending these violent criminals, and citizens with information are asked to call the FBI San Juan Field Office at 787-754-6000, or to use the tip line available at our website, http://www.fbi.gov,” said Douglas A. Leff, Special Agent in Charge of the FBI, San Juan Field Office.
The cases are being prosecuted by Special Assistant United States Attorney Ana M. Santiago-Ramírez. If convicted, the defendants face up to 15 years of imprisonment for the carjacking charge (Count One), and up to life imprisonment for the firearms charge (Count Two). Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
Friday 5 May 2017
Two Defendants Sentenced in Opioid Pill Mill CaseRead the Press Release
DALLAS — Lee Robertson, 33, and Tasmin Stewart, a/k/a “Taz,” 30, both of Baton Rouge, Louisiana were sentenced today by U.S. District Judge Sidney A. Fitzwater stemming from their involvement in a “pill mill” operation, announced U.S. Attorney John Parker of the Northern District of Texas.
Judge Fitzwater sentenced Robertson to 84 months in federal prison following his guilty plea to one count of conspiracy to distribute a controlled substance, namely, Oxycodone in October 2016. Stewart was sentenced to 27 months in federal prison following his guilty plea to one count of unlawful use of a communication device in April 2016. Both defendants have been in custody since their arrests.
In March 2015, a federal grand jury in Dallas indicted 23 individuals, including Stewart, on offenses related to his participation in a prescription drug distribution conspiracy. Robertson was charged in January 2016 by a superseding indictment. The indictment alleged that from at least May 2013 through July 2014, the defendants participated in a scheme to illicitly obtain prescriptions for pain medications, such as oxycodone and hydrocodone, and then distribute those controlled substances for profit. As part of the conspiracy, individuals, often homeless or of limited means, were recruited and paid to pose as patients at medical clinics, including the McAllen Medical Clinic in Dallas, to obtain prescriptions and to fill those prescriptions at designated pharmacies.
The prescription medications were then distributed like street drugs in Texas and Louisiana.
According to plea documents filed for Stewart, on October 21, 2013, Stewart made a telephone call to confirm that he wanted 30mg oxycodone pills and would be ready to meet a courier arriving from Dallas with the pills. Stewart intended to distribute these pills to his own customers.
According to documents filed for Robertson, on February 27, 2014, Robertson contacted co-conspirator and supplier Cornelius Robinson seeking 30mg oxycodone pills. Robertson offered to buy all the pills Robinson had for $16.00 per pill. Robinson responded by telling Robertson that he was waiting on an individual to arrive from Dallas with approximately 700 pills. On March 3, 2014, Robertson agreed to buy 500 30mg oxycodone pills from Robinson.
This Organized Crime Drug Enforcement Task Force (OCDETF) was investigated by the Drug Enforcement Administration and the Internal Revenue Service Criminal Investigation, with assistance from the Texas Department of Public Safety, the Louisiana State Police, the Grand Prairie Police Department, the Dallas Police Department, the Houston Police Department, the Arlington Police Department, the Greenville Police Department, the Parker County Sheriff’s Office, the U.S. Marshal’s Service, the U.S. Postal Inspection Service, and the Diplomatic Security Service. Assistant U.S. Attorney Mary Walters prosecuted.
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Three Individuals Indicted for Bank Fraud and Aggravated Identity TheftRead the Press Release
SAN JUAN, P.R. - On April 28, 2017, the Grand Jury returned a 23-count indictment charging Sheila Judith Quiñones-Santos, Edgardo “Gary” Luis Nazario-Montijo and Felipe Soto-González with conspiracy to commit bank fraud, substantive counts of bank fraud and aggravated identity theft. The Indictment also includes charges against Nazario-Montijo for theft of government funds, and fraud against the Social Security Disability Insurance Program by making false representations and concealing material information from the program.
The indictment alleges that the operations manager for Magritte, Inc., Sheila Judith Quiñones-Santos, created and printed checks against the subsidiaries’ bank accounts for services never rendered. Quiñones-Santos also created fraudulent invoices using the identity of legitimate Magritte suppliers and made fraudulent entries in the electronic accounting system of Magritte, Inc., and its subsidiaries to justify the fraudulent expenditures in the corporate books and records.
These fraudulent checks are alleged to have been cashed between May 2, 2012 and September 16, 2014, by either “Gary” Nazario-Montijo, Quiñones-Santos’ consensual partner, or Felipe Soto-González. The allegations are based on evidence recovered in the investigation that indicates that Nazario-Montijo cashed the checks at several locations in the metropolitan area, including a check cashing service in Bayamón, Puerto Rico, while Soto-González cashed checks at a local bank. The 244 checks fraudulently cashed account for a total misappropriation of approximately $731,827.62 from Magritte, Inc. or its subsidiaries “Ponte Fresco,” “Passion,” “Que Pasta,” and “Under the Trees.”
Nazario-Montijo is charged with defrauding the Social Security Disability Insurance Program. The indictment alleges that he provided false information on his application for benefits under the program claiming that he could not work despite the fact that he continued to work without reporting his earnings.
If convicted, the defendants face a maximum possible sentence of incarceration of 30 years for bank fraud, and a two-year mandatory minimum sentence for aggravated identity theft. If convicted, Nazario-Montijo faces a maximum possible sentence of 10 years for the social security fraud.
The investigation was conducted by the Federal Bureau of Investigation with the assistance of the Social Security Administration, Office of Inspector General. The case is being prosecuted by AUSA Dennise N. Longo-Quiñones and SAUSA Vanessa D. Bonano-Rodríguez.
Three Former Arkansas Juvenile Detention Officers Indicted for Conspiracy to Assault Juvenile DetaineesRead the Press Release
The Justice Department announced that three former White River Juvenile Detention Center officers: Will Ray, 26, Thomas Farris, 47, and Jason Benton, 42, have been indicted by a federal grand jury for their roles in a conspiracy to assault juvenile inmates.
The seven-count indictment charges that Ray, Farris, and Benton conspired to assault juvenile detainees, assaulted the detainees, and then tried to cover up their misconduct. The indictment charges that, in some instances, the defendants used pepper spray on juveniles and then, rather than decontaminating them, shut them in their cells to “let them cook.”
In addition to the conspiracy, Ray is charged in Count Two with participating in the Nov. 6, 2013, assault of a fourteen-year-old boy who had been lying asleep on his bunk. According to the indictment, Ray grabbed the boy from his bunk and held him so that another officer could spray the boy in the face with pepper spray.
Farris, in addition to the conspiracy, is charged in Count Three with assaulting a seventeen-year-old juvenile on Nov. 21, 2013, by pepper spraying him in the face.
Counts Four through Seven of the Indictment charged Benton with two assaults and with falsifying incident reports related to those assaults. According to the Indictment, on June 6, 2012, Benton assaulted a sixteen-year-old juvenile by grabbing, shoving, and choking him. The indictment also charges that, on May 19, 2013, Benton deployed pepper spray in the face of a fifteen-year-old juvenile. According to the indictment, none of the juveniles posed a physical threat to anyone nor physically resisted in any way at the time they were assaulted by the officers.
The charges contained in this indictment are simply accusations, and not evidence of guilt.
This case is being investigated by the FBI’s Little Rock Division and is being prosecuted by Assistant U.S. Attorney Julie Peters of the Eastern District of Arkansas and Trial Attorney Samantha Trepel of the Civil Rights Division.