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Wednesday 3 May 2017
Westlake Oregon Woman Sentenced in Murder-for-Hire of Ex-HusbandRead the Press Release
EUGENE, Ore. – On Wednesday, May 3, 2017, United States District Court Judge Ann Aiken sentenced Pamela Jean Gygi, 58, of Westlake, Oregon to ten years in prison followed by three years of supervised release. Gygi pleaded guilty on January 23, 2017 to using interstate commerce facilities in the commission of a murder-for-hire and possession of a firearm in furtherance of a crime of violence.
According to court documents, in May 2015, Gygi attempted to end a property dispute with her divorced husband and collect on his $150,000 life insurance policy by hiring a hitman to murder him. Instead of carrying out the crime, the hitman traveled across state lines to warn the ex-husband of the plot. The ex-husband, in turn, notified police.
Meanwhile, Gygi continued plotting the murder and gathering supplies. On July 10, 2015, she drove to Springfield, Oregon with a pistol, ammunition, cash and a vehicle to be used by the hitman to travel to the ex-husband’s home. An FBI video recording shows Gygi meeting the hitman in a mall parking lot to deliver the supplies and vehicle.
Gygi instructed the hitman to make the murder look as though it were the result of a home invasion robbery and, as part of the deal, told him to steal her ex-husband’s rifle. Gygi left the meeting after confirming that she would secure an alibi witness. She was then stopped by a Springfield police officer and arrested by the FBI.
Judge Aiken commended the FBI and the United States Attorney’s Office for the investigation and prosecution, and stated that Gygi’s offenses required a severe sentence to deter those involved in domestic disputes from resorting to violence.
The case was prosecuted by Frank R. Papagni, Jr., Assistant United States Attorney for the District of Oregon, and investigated by the FBI and the Springfield, Oregon, and Saratoga Springs, Utah Police Departments.
U.S. Attorney's Office Reaches a Resolution with Clarke County to Ensure ADA Compliance at Polling LocationsRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announced today that the U.S. Attorney’s Office recently reached an agreement with the Clarke County Commission to ensure that polling precincts throughout the county are in compliance with the requirements of the Americans with Disabilities Act (ADA).
During the general election on November 8, 2016, the office conducted a compliance review of the county’s 29 polling locations. The review identified barriers to access at various locations. Through a letter of resolution, the county ultimately adopted the office’s recommendations to remedy the barriers, in accordance with the requirements of the ADA. One example is the use of temporary portable ramps to assist voters with mobility impairments. The resolution also requires the county to develop a survey instrument to assess whether a polling location is or can be made accessible during subsequent local, state and federal elections.
Acting United States Attorney Butler said, “I commend the members of the Clarke County Commission for their cooperation in resolving the barrier issues we uncovered at the various voting precincts around the county. They recognize that making their polling places accessible to persons with disabilities is a critical responsibility.”
Title II of the ADA requires state and local governments to ensure that persons with disabilities can access their voting facilities. The ADA’s implementing regulations describe what makes a polling place accessible. Furthermore, the Department of Justice’s ADA Checklist for Polling Places, found at www.ada.gov/votingchecklist.htm, provides guidance to election officials for determining whether a polling place already has the basic accessibility features needed by most voters with disabilities or can be made accessible using temporary solutions.
Assistant United States Attorney Suntrease Williams-Maynard is the assigned attorney on this project, which is part of a nationwide initiative spearheaded by the Department’s Civil Rights Division.
People interested in learning more about the requirements of the ADA may visit the website www.ada.gov or call the toll free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).Two More Plead Guilty to Conspiracy to Lure Robbery Victims with Online Ads for EscortsRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Sugar Creek, Mo., woman and an Independence, Mo., man pleaded guilty in federal court today to their roles in a conspiracy to use online escort and massage ads to lure robbery victims.
Nicole L. Covey, 34, of Sugar Creek, and Devon Davis-Aumua, 22, of Independence, pleaded guilty in separate appearances before U.S. Chief District Judge Greg Kays to the robbery conspiracy. Covey also pleaded guilty to five counts of aiding and abetting robberies. Davis-Aumua also pleaded guilty to one count of aiding and abetting a robbery and to being a drug user in possession of a firearm.
Co-defendant Sage E. Harrison, 35, of Independence, pleaded guilty on Tuesday, May 2, 2017, to his role in the robbery conspiracy and to two counts of aiding and abetting robberies.
By pleading guilty today, Covey and Davis-Aumua each admitted they participated in the conspiracy to commit robbery from April 1, 2015, to June 7, 2016. Conspirators used several websites (including craigslist.org, backpage.com and skout.com) to make connections with their victims and arrange meetings at local hotels, residences and apartments. Covey’s photo was used in the online ads. When customers arrived to meet Covey, conspirators would be lying in wait, armed with firearms and weapons that appeared to be firearms, and rob the customers.
Covey also admitted that she aided and abetted in the commission of five specific robberies in October 2015 in Kansas City-North, Independence and North Kansas City. Davis-Aumua admitted that he aided and abetted one of the robberies at an apartment in Kansas City-North on Oct. 8, 2015.
On Oct. 10, 2015, Independence police officers arrested Davis-Aumua in the parking lot of an Independence hotel at approximately 3:33 a.m. Davis-Aumua was in possession of methamphetamine and a stolen Springfield XDS .45-caliber pistol. He was also in possession of the keys to another robbery victim’s truck, which was discovered nearby out of gas. That victim, identified in court documents as “H.G.”, had been robbed by co-conspirators at the same Kansas City-North apartment on Oct. 9, 2015. A co-conspirator forced H.G. to his truck and searched it for further items to steal. This co-conspirator threatened to shoot H.G. if he didn’t produce the title to the vehicle. This co-conspirator forced H.G. to ride in the passenger seat, while the co-conspirator drove H.G.’s vehicle. This co-conspirator again threatened to shoot H.G. if he did not produce the title. While driving at highway speeds, H.G. jumped from the moving vehicle in fear for his life and sustained injuries.
Agents recovered a laptop computer and a notebook from the location of the apartment robbery and discovered information about several e-mail and social media accounts used by conspirators. Records obtained from Facebook revealed multiple communications about the robberies. For example, a Facebook message from one of Covey’s accounts stated, “My man and some of my friends, we drop pockets on backpage clients.” The term “dropping pockets” has been used by several of these individuals and is known to be a reference to conducting a robbery.
According to Backpage.com records, posts were placed in the sections “Body Rubs,” “Escorts,” and “Domination & Fetish” sections, using several different names. The records identified 31 different phone numbers which were posted in the associated ads, and that 126 separate posts were made.
Records obtained from Craigslist related to phone numbers and email addresses used in the robberies revealed 11 related accounts. Those 11 accounts had been used to post 89 ads between Sept. 28, 2015 and Jan. 7, 2016. According to Craigslist records, posts were predominantly placed in the “Casual Encounters” section using approximately 27 different names.
Under federal statutes, Harrison is subject to a sentence of up to 20 years in federal prison without parole on each count. Davis-Aumua is subject to a sentence of up to 50 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 Matthew P. Wolesky. It was investigated by the FBI, and the Independence, Mo., Police Department, with assistance from the Kansas City, Mo., Police Department, the North Kansas City, Mo., Police Department and the Blue Springs, Mo., Police Department.
Three Men Charged with Sex Trafficking minors in Georgia, Florida, and TennesseeRead the Press Release
ROME, Ga. – Brian Hernandez Acosta and his brother, Nilageo Alvarez Acosta, have been arraigned on charges of conspiracy to commit sex trafficking of a minor, sex trafficking of a minor, and transportation of a minor for prostitution. A third man, Jaime Adam Riano, was arraigned on the same charges on April 13, 2017.
“These men allegedly preyed on vulnerable young girls by sexually exploiting them for quick money,” said U.S. Attorney John A. Horn. “This case highlights the danger that lurks on social media sites, where the defendants allegedly pursued some of the child victims.”
“These federal charges are a reminder that sex trafficking of minors continues to be a very real problem and that it is not confined to urban areas. This case further illustrates how law enforcement, working together across many jurisdictions and state lines, remains responsive in addressing this heinous crime problem that will forever scar those being exploited,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“We are thankful for the work and success of all involved in this investigation that has ended the elaborate criminal enterprise these predators operated. The scope of their operation is a reminder that sex trafficking is a real danger for the young people in our communities,” said Chief Jason Parker, Dalton Police Department.
According to U.S. Attorney Horn, the charges and other information presented in court: Hernandez Acosta, Alvarez Acosta, and Riano allegedly conspired to traffic minor girls for commercial sex throughout North Georgia as well as in Florida and Tennessee. Beginning in or around November 2015, and continuing until December 2016, the defendants caused at least five girls between 16 and 17 years old to engage in prostitution, including by using force, fraud, and coercion.
Hernandez Acosta, after pursuing some of the girls on Facebook, allegedly posted provocative photographs of them in the adult entertainment and escort sections of Backpage.com, a classified advertisement website, to solicit men to have sex with the minors for money. The advertisements used fake names for the minors and falsely listed the minors as between ages 19 and 21 years, when in fact, they were all underage. Hernandez Acosta and Alvarez Acosta forced one 16-year-old girl to have sex with the men after driving her from Florida to Georgia to engage in prostitution, and after falsely offering the girl a place to live. Riano often drove this 16-year-old victim to the locations where she engaged in commercial sex acts. Another 16-year-old high school student was driven to a residence in the Atlanta area to have sex with a man for $150, which was paid directly to Hernandez Acosta. The defendants operated a high-volume, low-cost business, requiring the young girls to have sex with multiple men each night and kept nearly all of the money they earned.
Hernandez Acosta, 26, of Dalton, Georgia, Alvarez Acosta, 31, of Tampa, Florida, and Riano, 29, of Stone Mountain, Georgia, were indicted April 11, 2017.
This case is being investigated by the Federal Bureau of Investigation and the Dalton Police Department. The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Georgia Bureau of Investigation, and the Murray County Sheriff's Office have also provided assistance.
Assistant U.S. Attorneys Suzette A. Smikle and Dash A. Cooper are prosecuting the case.
Members of the public are reminded that the indictment only contains charges. The defendants are presumed innocent of the charges and it will be the government’s burden to prove the defendants’ guilt beyond a reasonable doubt at trial.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Tennessee Family Convicted of Decade-Long Gold and Silver Ponzi SchemeRead the Press Release
Memphis, TN – After a five-week trial, a federal jury found Larry Bates; his two sons, Chuck and Robert Bates; and Kinsey Bates, the wife of Robert Bates, guilty on all counts set forth in an indictment that charged mail and wire fraud and conspiracy. The charges rose out of the defendants running a decade-long Ponzi scheme in the buying and selling of gold and silver coins. The proof at trial showed that the defendants were able to accomplish the fraud through First American Monetary Consultants, a Colorado corporation, which had offices in Memphis, Tennessee and Boulder, Colorado. More than three hundred and sixty victims lost more than twenty-one million dollars due to the defendants’ illegal scheme, which lasted from as early as 2002 through October of 2013.
"Unfortunately, fraud, corruption and embezzlement can occur everywhere, including in the investment world," said Larry Laurenzi, Acting United States Attorney, who prosecuted the case along with Assistant U.S. Attorney David Pritchard. "People need to be mindful of this terrible fact and work hard to protect themselves and their families from those who prey on others, like the Bates family preyed on so many innocent victims. As this case shows, the United States Attorney’s Office and its law enforcement partners work diligently to expose people responsible for such fraudulent acts, to vigorously prosecute them, and to bring them to justice."
At trial, the proof showed that the defendants promoted their business through a variety of Christian television and radio programs, including the Jim Baker Show and Jewish Voice. Larry Bates, a self-proclaimed doctor in economics, held conferences across the United States, predicting an economic collapse and emphasizing the need to invest in precious metals. Between 2007 and 2013, customers gave more than eighty-seven million dollars to First American Monetary Consultants for the purpose of buying precious metals. During this same period, the proof showed the defendant diverted customers’ monies that were to be used to purchase precious metals to the defendants own use and
benefit. Testimony at trial showed that by 2009, the company had more than twenty-six million dollars in unfilled customer orders.
The proof showed that the defendants used the customers’ money for a variety of purposes other than purchase of customers’ metals. Larry Bates diverted more than four million dollars to the creation of International Radio Network, a Christian radio network. Other monies were diverted to trading in commodities and the building of a ten-thousand square foot house on three hundred acres in Middleton, Tennessee. Still other customers’ monies were used to fulfill prior orders, which had not been fulfilled.
At trial, the evidence showed that Larry Bates, Chuck and Robert Bates were salespeople in the Memphis office and were responsible for taking in victims’ monies. More than forty-five witnesses testified about losing money to Larry Bates and First American Monetary Consultants. The victims,who lived across the United States, testified that their money was to be used to purchase precious metals that they never received. For example, Judith Ponder, from Kerrville, Texas, testified that she and her mother gave Larry Bates more than $1.8 million dollars to purchase precious metals and received little in return. Similarly, Barbara Santiago, from Washington State, testified that she and her paraplegic son met Larry Bates at one of his conferences in Washington State. Ms. Santiago tested that she later invested more than two hundred and sixty-six thousand dollars from her son’s insurance settlement that was to be used for her son’s care. Ms. Santiago, likewise, received little of what she was promised. And, Charles Grimsley, a pastor for the Veteran’s Administration in Mesa, Colorado, testified that he and his wife gave FAMC more than two hundred thousand dollars of their retirement money and received nothing in return.
The proof showed that many of the victims attempted to take possession of their gold and silver coins, only to be put off by the defendants for a variety of reasons. The excuses for the delays included that the gold and silver coins were scarce, the coins were coming from Europe, and the U.S. mint was shut down. In October 2013, a receiver was appointed to take over the affairs of First American Monetary Consultants. The receiver found that the company had few assets and was unable to compensate the hundreds of victims who had given money to Larry Bates and First American Consultants.
Larry Bates was convicted on all 46 counts in the indictment. Chuck Bates was found guilty of 18 counts of mail and wire fraud and one count of conspiracy. Robert Bates was convicted of five counts of mail fraud, three counts of wire fraud, and one count of conspiracy. Kinsey Bates was convicted on one count of conspiracy and two counts of wire fraud.
Each count of conviction carries a potential sentence of 20 years in prison and a potential fine of $250,000. The defendants also face potential forfeiture and restitution penalties. The defendants are scheduled to be sentenced on August 3, 2017, by U.S. District Judge Sheryl H. Lipman.
Acting United States Attorney Lawrence J. Laurenzi and Assistant United States Attorney David Pritchard prosecuted the case. The United States Postal Service and the Federal Bureau of Investigation investigated the case.
Tahlequah Woman Sentenced to 46 Months for Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that SHEENA CHANDEL MEIKLE, age 28, of Tahlequah, Oklahoma, was sentenced to 46 months imprisonment and 5 years of supervised release for DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(A).
The Second Superseding Indictment alleged that in or about the end of 2013, the exact date being unknown, and continuing until on or about January 27, 2016, the Defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute 500 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.
The charge arose from a joint investigation entitled “Home of the Brave”, coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney. The agencies involved in the investigation were the Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester and Tulsa Offices of the Drug Enforcement Administration.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Shannon Henson represented the United States.
Tahlequah Man Sentenced to 87 Months for Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that DONALD WAYNE TRAMMEL, age 41, of Tahlequah, Oklahoma, was sentenced to 87 months imprisonment and 4 years of supervised release for DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(B).
The Information alleged that in or about November through December 2015, in the Eastern District of Oklahoma, the defendant, did willfully and knowingly combine, conspire, confederate and agree together, and with other persons known and unknown, to Possess with Intent to Distribute and to Distribute 50 grams or more of a mixture or substance containing a detectable amount of Methamphetamine, a Schedule II Controlled Substance.
The charge arose from a joint investigation entitled “Home of the Brave”, coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney. The agencies involved in the investigation were the Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester and Tulsa Offices of the Drug Enforcement Administration.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Shannon Henson represented the United States.
Stroudsburg Man Indicted on Drug Trafficking OffensesRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Jackie Johnson, age 31, of Stroudsburg, Pennsylvania, was indicted on April 11, 2017, by a federal grand jury on drug trafficking charges. The indictment was unsealed on April 25, 2017, following Johnson’s initial appearance before United States Magistrate Judge Joseph F. Saporito.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Johnson distributed and possessed with the intent to distribute heroin on two occasions in July and August 2016, and cocaine in December 2016, in Monroe County, Pennsylvania.
The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Springfield Man Sentenced to 15 Years for Illegal FirearmRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., man was sentenced in federal court today for illegally possessing a firearm.
Joseph E. Finch, 38, of Springfield, was sentenced by U.S. District Judge M. Douglas Harpool to 15 years and eight months in federal prison without parole. Finch was sentenced as an armed career criminal due to his prior felony convictions.
On Nov. 3, 2016, Finch pleaded guilty to being a felon in possession of a firearm. Finch was arrested on Oct. 27, 2015, when law enforcement officers executed a search warrant at his residence. Finch was in possession of 9.83 grams of methamphetamine, .21 gram of heroin, 3.5 grams of marijuana and $900. Officers found a Hi-Point .45-caliber semi-automatic pistol and 32 rounds of ammunition inside a cooking stove on the back porch of the residence. More ammunition was found in a storage shed.
Finch admitted to law enforcement officers that he was a drug dealer.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Finch has two prior felony convictions for distributing cocaine and prior felony convictions for drug trafficking and distributing crack cocaine.
This case was prosecuted by Assistant U.S. Attorney Nhan D. Nguyen. It was investigated by the Springfield, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Springfield Man Pleads Guilty to Child PornographyRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Springfield, Mo., man pleaded guilty in federal court today to receiving and distributing child pornography.
Michael V. Lucas, 31, of Springfield, pleaded guilty before U.S. District Judge M. Douglas Harpool to the charge contained in a Sept. 28, 2016, federal indictment.
By pleading guilty today, Lucas admitted that he received and distributed child pornography from Jan. 1, 2016, to Sept. 22, 2016.
According to court documents, a federal law enforcement agent in Phoenix, Ariz., encountered a person later identified as Lucas among the participants who were live streaming images and videos of child pornography over the Internet on Sept. 15, 2016. During the live streaming session, Lucas claimed to have molested two 13- and 16-year-old victims and said he would attempt to broadcast a future sexual encounter with the victims.
Lucas was partially visible in a reflection during the live stream. The federal agent engaged in two additional live streaming sessions that day in which Lucas participated and continued to share images and videos of child pornography.
On Sept. 19, 2016, Lucas was identified by the agent posting messages in a known pedophile group. These messages described the number of videos he possessed as well as advertising his new Skype group. Lucas was live streaming videos of child pornography and his reflection could be seen. Lucas also shared two links to a Dropbox account that contained images of child pornography and claimed that he was in possession of more than 1,000 videos of child pornography.
On Sept. 20, 2016, Lucas was live streaming and moved the position of the camera to show his face. Lucas also displayed a handgun and loaded magazine for the weapon during the course of the stream.
A federal law enforcement agent in Springfield executed a search warrant at Lucas’s residence on Sept. 22, 2016, and Lucas was arrested.
Under federal statutes, Lucas is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 20 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney James J. Kelleher. It was investigated by Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Southwest Missouri Cybercrimes Task Force.
Project Safe Childhood
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc . For more information about Internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Sioux Falls Man Receives Life Sentence in Methamphetamine Distribution ConspiracyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of conspiracy to distribute 500 grams or more of methamphetamine and being a felon in possession of firearms, was sentenced on April 25, 2017, by U.S. District Judge Karen E. Schreier.
Shawn Russell Sorensen, age 55, was sentenced to life in prison on the methamphetamine conspiracy conviction. That sentence was mandatory because Sorensen had two previous felony drug convictions. He was sentenced to 120 months in prison on the firearms offense, to run concurrent to the life sentence. He was also ordered to pay $200 to the Federal Crime Victims Fund.
Sorensen was indicted for the offenses by a federal grand jury on September 20, 2016. He was found guilty after a three-day jury trial that began October 4, 2016.
The investigation of Sorensen began when a package containing a half-pound of cocaine and 10 pounds of methamphetamine was intercepted by the United States Postal Service. The package was subsequently linked to Sorensen. The evidence established Sorensen had received multiple packages in this manner. When Sorensen’s vehicle was stopped by law enforcement, he had in his possession three firearms and ammunition.
This case was investigated by the United States Postal Inspection Service, the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Drug Enforcement Administration, the Rock County, Minnesota Sheriff’s Office, the Minnesota Bureau of Criminal Apprehension, and the Sioux Falls Area Drug Task Force. Assistant U.S. Attorneys Jennifer D. Mammenga and John E. Haak prosecuted the case.
Sorensen was immediately turned over to the custody of the U.S. Marshals Service.
Simpson County, Kentucky Woman Sentenced to 46 Months in Prison for Bank RobberyRead the Press Release
Stole $43,100 and threatened to kill bank employees, customers and an alleged child hostage
BOWLING GREEN, Ky. – A Simpson County, Kentucky, woman was sentenced yesterday, in United States Court, by District Court Judge Greg N. Stivers, to serve 46 months in federal prison and ordered to pay $43,100 restitution, for a single count of bank robbery, announced United States Attorney John E. Kuhn, Jr.
“Every bank robbery jeopardizes the safety of bank employees and customers,” stated U.S. Attorney John Kuhn. “In this case the defendant absolutely terrorized bank employees with her threat against them and spurious hostages, including a woman and her young daughter. Although no one was physically hurt, this four year sentence is appropriate considering this defendant had robbed another bank in this same manner without any concern for the risks to innocent employees or by-standers.”
Patricia Lamar Brewer, 48, previously admitted to robbing the Citizens First Bank located at 1200 South Main Street, in Franklin, Kentucky, of $43,100 at approximately 9:30 a.m. on July 30, 2012. She also admitted to wearing eye-glasses, a hat, and a wig and handing a teller a threatening note stating:
“Don’t call cops or set off any alarms be calm we are watching you we have this ladys child if she don’t do what we say she will die and her daughter and everyone in this bank 80,000 dollars unmarked, untraceable bills if she is not out here in 5 min she will die along with her daughter and everyone in this bank we are watching you now so hurry now if you want to live.”
Brewer was previously convicted of robbing a bank in Panama City Beach, Florida, using a similar disguise and note. Evidence gathered from that robbery led FBI to Brewer and the Kentucky bank robbery.
Brewer remains free on bond.
This case was prosecuted by Assistant United States Attorney David Weiser and was investigated by the Federal Bureau of Investigation (FBI).
Seventh Loiza Boys Gang Associate Sentenced on Drug 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 Oscar Romero, 37, of Buffalo, NY, who was convicted of possession with intent to distribute and distribution of cocaine, was sentenced to 151 months in prison by Senior U.S. District Judge William M. Skretny.
Assistant U.S. Attorney Wei Xiang, who handled the sentencing, stated that the defendant was an associate of a gang known as the Loiza Boys, which has been distributing heroin and cocaine on Buffalo’s West Side since at least 2006.
The defendant was charged in 2013 along with nine co-conspirators following a long-term investigation that involved the interception of telephone calls of various defendants and the use of undercover drug purchases from some of those charged. During the investigation, law enforcement officers seized over 450 grams of heroin, three firearms, and over $70,000 in U.S. currency.
Nine of the 10 defendants have been convicted. Charges are pending against Josbel Garcia. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencing is the culmination of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Real Estate Investor Pleads Guilty in Mortgage Fraud SchemeRead the Press Release
Memphis, TN – A Memphis real estate investor has pled guilty to a charge of bank fraud. Lawrence J. Laurenzi, Acting U.S. Attorney, announced the guilty plea today.
In September 2016, Thomas L. Boyd, 44, was indicted by a federal grand jury in connection with a scheme to fraudulently obtain mortgage loans. The indictment alleged that Boyd, the owner of Wonderful Properties, LLC made false statements and presented false documents to Regions Bank, First Tennessee Bank, Bank of America and Oak Tree Funding on behalf of persons who were financing the purchase of properties from Boyd and Wonderful Properties.
According to the indictment, Boyd often made false statements on the loan closing documents by failing to disclose to the lenders on HUD-1 settlement statements that he was kicking back a portion of the loan proceeds to borrowers. Boyd’s scheme caused the lenders to disburse approximately $635,000 in loan proceeds.
At his plea hearing, Boyd admitted making false statements to Regions Bank in connection with a mortgage loan being made to an individual who was financing the purchase of a property from Boyd.
Boyd faces a maximum penalty of 30 years of imprisonment on the bank fraud charge and a fine of up to $1,000,000 and 5 years supervised release and a mandatory special assessment of $100.
The defendant is scheduled to be sentenced on August 9, 2017, by U.S. District Judge Sheryl H. Lipman.
The case was investigated by the FBI; Federal Housing Finance Agency (FHFA) – OIG; Department of Housing and Urban Development (HUD); Postal Inspection Service and IRS. Assistant U.S. Attorney Carroll L. Andre III is prosecuting this case on the government’s behalf.
Randolph Man Sentenced for Attempting to Defraud Dreamworks by Falsely Claiming He Created Kung Fu PandaRead the Press Release
BOSTON – A Randolph man was sentenced today in federal court in Boston for wire fraud and perjury in connection with a scheme to defraud DreamWorks Animation SKG Inc. by falsely claiming that the company stole from him the characters and story for its animated movie Kung Fu Panda.
Jayme Gordon, 51, was sentenced by U.S. District Court Chief Judge Patti B. Saris to two years in prison, three years of supervised release and ordered to pay more than $3 million in restitution. On Nov. 18, 2016, a federal jury found Gordon guilty on four counts of wire fraud and three counts of perjury.
In early 2008, several months before the movie’s June 2008 release, Gordon saw a trailer for Kung Fu Panda. Gordon had previously created some drawings and a story about Pandas, which he called “Panda Power,” that bore little resemblance to the characters in the movie. But after seeing that trailer, Gordon revised his “Panda Power” drawings and story and renamed it “Kung Fu Panda Power.” He made these revisions as part of his scheme so that his work would appear to be more similar to the DreamWorks pandas he had seen in the movie trailer. In February 2011, Gordon filed a copyright infringement suit against DreamWorks in U.S. District Court in Massachusetts, and later that year, he proposed that DreamWorks agree to settle the suit by paying him $12 million. DreamWorks rejected that proposal, and the litigation continued for another two years.
During the course of the civil litigation, Gordon intentionally deleted relevant evidence on his computer that he was required to produce in discovery and lied during his civil deposition. Furthermore, Gordon fabricated and backdated sketches that served as support for his suit. The full nature of Gordon’s scheme came to light when DreamWorks discovered that Gordon had traced some of his panda drawings from a Disney Lion King coloring book.
Gordon’s sketches, which were dated 1992 or 1993, were copied from this coloring book, which was not published until 1996, therefore demonstrating that Gordon drew these sketches after 1996 and backdated them. After DreamWorks discovered the tracing from the coloring book, Gordon agreed to dismiss his suit. By this point, however, DreamWorks had spent more than two years defending the fraudulent suit, at a cost of approximately $3 million.
At trial, Gordon testified that he had not traced his drawings from the coloring book. Instead, he claimed, Disney, like DreamWorks, had apparently copied his drawings and based characters in the Lion King on his work. He also claimed that DreamWorks and Disney had copied characters in other movies from his work, including characters in The Incredibles, A Bug’s Life, MegaMind and Flushed Away.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. Assistant U.S. Attorneys Adam Bookbinder and Amy Harman Burkart of Weinreb’s Cybercrime Unit prosecuted the case.
Press Conference Regarding Federal Criminal Investigation into Death of Alton SterlingRead the Press Release
***** MEDIA ADVISORY *****
PRESS CONFERENCE REGARDING FEDERAL CRIMINAL INVESTIGATION PINTO DEATH OF ALTON STERLING
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that his office, together with the United States Department of Justice-Civil Rights Division and the Federal Bureau of Investigation-New Orleans Field Office, will hold a press conference in the Jury Assembly Room in the United States Federal Courthouse located at 777 Florida Street, Baton Rouge, Louisiana at 1:00 p.m. CST.
Press should plan to arrive at the Courthouse and be in place by 12:30 p.m. Broadcast Media: Pool only. WAFB will be the pool. Any questions on pool should be directed to WAFB @ (225) 215-4801 or [email protected].
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Prepared Remarks of Acting U.S. Attorney Corey AmundsonRead the Press Release
Good morning. My name is Corey Amundson. I serve as the Acting United States Attorney for the Middle District of Louisiana where I have been a career federal prosecutor for over 15 years.
I am here today with Robert Moossy, a 22-year career federal prosecutor who serves as the senior career official with the Civil Rights Division of the U.S. Department; Tamera Kessler, a 28-year career federal prosecutor who serves as Chief of the Criminal Section of the Civil Rights Division; Jeff Sallet, Special Agent-in-Charge of the FBI’s New Orleans Field Office and previously Chief of the FBI’s National Civil Rights Section; and Ron Reed, the supervisor of the FBI’s Civil Rights Squad in the New Orleans Field Office.
We are career public servants who have served over 70 years under multiple administrations.
Following the fatal shooting of Alton Sterling last July, and in response to requests by the community and state and local leaders, our offices commenced an extensive and thorough federal criminal investigation into the circumstances surrounding the shooting.
This morning I want to discuss our investigation, the approach we took to our review of this tragic incident, as well as the decision and the reasons for it.
After an exhaustive almost year-long investigation, all of the prosecutors and agents involved in this matter have come to the unanimous conclusion that insufficient evidence exists to charge a federal crime.
A short while ago, we met with Mr. Sterling’s family. We expressed our condolences for the loss of their nephew, their father, and their children’s father. We also shared our findings and decision with them. We also informed Officers Salamoni and Lake, through their attorneys, of the decision.
We do not normally publicly discuss the declination of charges in a matter, particularly in a situation, like this, where a state investigation is anticipated following our decision. simply felt that making a public appearance was the right thing to do in a case that means so much, to so many. However, we must still be careful not to impede or jeopardize the integrity of the state investigation and decision process. To do that, this briefing will be limited to this statement. hope that the information provided in my statement, along with the detailed press release, will answer any questions you may have.
Our investigation focused on one question: Did either Officer Salamoni or Officer Lake violate federal criminal civil rights laws or any other federal criminal law in connection with their encounter with Mr. Sterling.
As explained in more detail in our press release, federal law makes it a crime for a law enforcement officer, acting willfully, to deprive an individual of their constitutional rights. To prove that a shooting, such as occurred here, violated Mr. Sterling’s rights under federal law, the government must establish, beyond a reasonable doubt, that the officers’ use of force was objectively unreasonable based on the circumstances at the time.
The government would also have to prove, beyond a reasonable doubt, that the officers acted willfully, that is, that they acted with the specific intent to do something the law forbids. This is one of the highest legal standards in criminal law.
Under this standard, it is not enough to show that an officer acted recklessly or with negligence or by mistake, exercised bad judgment, used poor tactics, or even that he escalated the situation where he could have de-escalated it.
Federal prosecutors are only allowed to bring federal criminal charges if we believe we could establish the defendant’s guilt beyond a reasonable doubt at trial. These rules apply to every federal criminal case and federal prosecutor in the country.
With this rule and the law in mind, we began our investigation the day following the shootings. My office, the Civil Rights Division, and the FBI assigned very experienced senior career prosecutors and agents who worked on this matter nearly full-time, through many nights, weekends, and holidays. We also enlisted support from literally dozens of additional team members, including personnel from the FBI lab in Quantico.
Our aim was to determine the facts as best we could through an exceedingly thorough and comprehensive investigation. We promised that when the investigation began and owed it to Mr. Sterling’s family, the officers involved in the shooting, the police department, and everyone else who has been touched by this tragedy.
One agent remarked that we would not only leave no stone unturned, but each time we turned over a stone, we would turn over whatever was underneath and keep digging. We did just that.
The team probed and questioned dozens of witnesses, from government employees to civilians. We obtained, reviewed, and enhanced numerous videos that captured all or part of the incident and the periods before and after, including cell-phone videos, store surveillance video, police vehicle video, and videos from body cameras. We examined how evidence was collected and analyzed, hired national use-of-force experts, and obtained and reviewed voluminous documents and records, including BRPD records, policies, training manual, personnel records and other documents.
We took nothing for granted. We followed any trail of available evidence that we thought had any possibility of shedding some light on the officers’ state of mind and intent at the time of the shooting. In addition to the shooting itself, we gathered evidence concerning the officers’ activity before and after the shooting to determine whether any of that activity violated any federal criminal laws, including criminal civil rights laws, as well as laws against making false statements and obstructing justice. Again, we assumed nothing.
Some of the additional investigative steps that we took added to the length of the investigation. But we believed it was most important to ensure that the investigation was complete and correct. Also, while understanding of the interest in the investigation, we firmly believed that premature public disclosures about the investigation would risk its accuracy and reliability. This was an unacceptable risk given our goal of ensuring the most accurate and complete results.
Let us now turn to the facts. It is important to note that the entire exchange between Mr. Sterling and the officers happened very quickly, with events happening in rapid succession. The entire encounter—from the moment the officers first approached Mr. Sterling, through the firing of the sixth and final shot—lasted less than 90 seconds.
Based on dispatch recordings, we know that, at approximately 12:30 a.m. on July 5, 2016, Officers Salamoni and Lake were told to respond to a report that an African American man wearing a red shirt and selling CDs had “pulled a pistol” on someone outside the Triple S Food Mart and had the gun in his pocket. It is reasonable to expect officers with this information to focus on eliminating any threat from a gun immediately upon their arrival.
The videos, which are disturbing, show that the officers arrived on the scene with an immediate goal of ensuring that Mr. Sterling’s hands were in control and not able to access a weapon. At first, they directed Mr. Sterling to put his hands on the hood of a car. When he did not comply, the officers placed their hands on Mr. Sterling, who struggled with and resisted the officers. Officer Salamoni then pulled his gun and pointed it at Mr. Sterling’s head, prompting Mr. Sterling, who appears confused, to put his hands on the hood. Mr. Sterling’s size – 6 feet 3 inches tall and over 300 pounds – made it difficult for officers to control, much less handcuff, Mr. Sterling. After Mr. Sterling, still struggling, briefly attempted to move his hands from the hood, Officer Lake deployed his Taser on Mr. Sterling, who fell to his knees but then began to get back up. officers ordered Mr. Sterling to get down, but Mr. Sterling did not comply, and Officer Lake attempted unsuccessfully to use his Taser on Mr. Sterling again.
At this point, as Mr. Sterling stood to face the officers with his hands free, Officer Salamoni holstered his weapon, and then tackled Mr. Sterling; they both went to the ground, with Officer Salamoni on top of Mr. Sterling, who was on his back with his right hand partially under the hood of a car. Officer Lake joined them on the ground, kneeling on Mr. Sterling’s left arm while Officer Salamoni attempted to gain control over Mr. Sterling’s right arm.
Within a few seconds, we know from the audio and video that Officer Salamoni yelled, “Going for his pocket. He’s got a gun! Gun!”, or words to that effect. Officer Salamoni did not shoot at this point. Instead, he attempted to gain control of Mr. Sterling’s right hand, but we know from the video that he was unsuccessful. Officer Lake drew his weapon and yelled at Mr. Sterling, again directing him not to move. Less than one second later, during a point at which the location of Mr. Sterling’s right hand is not visible to the cameras, Officer Salamoni again yelled that Mr. Sterling was “going for the gun!” Officer Salamoni then fired three shots into Mr. Sterling’s chest.
In order to convict Officer Salamoni of a federal criminal civil rights violation for this shooting, we would have to prove, beyond a reasonable doubt, that Officer Salamoni did not believe Mr. Sterling was going for a gun when he made that statement and simply wanted to shot him.
Within a few seconds of the first three shots, as Officer Salamoni and Mr. Sterling were both laying on the ground, Mr. Sterling began to sit up and roll to his left, with his back to the officers. At that point the officers could not see what Mr. Sterling was doing with his hands and whether he was going for his gun. Officer Lake yelled at Mr. Sterling to get on the ground, and when Mr. Sterling continued to move, Officer Salamoni fired three more shots into Mr. Sterling’s back.
Immediately after the shooting, video shows Officer Lake go directly to Mr. Sterling’s right pocket and retrieve a .38-caliber revolver. It was loaded. In statements made immediately following the incident, both officers stated they saw Mr. Sterling reaching for the gun, and saw the gun itself coming out of his pocket.
The struggle on the ground lasted a total of about 27 seconds. As a result, life and death decisions were being made in split seconds. This is an unfortunate reality of police work at a time when encounters between police and the community have become increasingly violent and, too often, deadly.
In this case, we consulted with two independent use-of-force experts whom the Civil Rights Division has previously engaged as government witnesses in other federal civil rights cases. Both experts are nationally-recognized authorities in this field, and they are truly independent; neither is from the Baton Rouge area or has any ties to the Baton Rouge Police Department or the officers involved. Now, I want to be clear: both experts criticized certain aspects of the officers’ techniques in this case. Having said that, the experts’ unanimous conclusion was that the officers’ actions were not unreasonable under the quickly unfolding and dangerous circumstances and therefore met constitutional standards. In the experts’ opinion, the officers cycled up and down a use-of-force continuum in a manner reasonable when confronting an armed suspect, before ultimately using lethal force, which they did not use until Officer Salamoni shouted that Mr. Sterling was reaching for his gun.
In light of all of the above, it was the unanimous decision of all the prosecutors and agents who handled the investigation that we must decline prosecution in this case.
As I said before, to prove a federal criminal civil rights violation, we would have to prove, beyond a reasonable doubt, that the officers acted unreasonably and willfully, that is, that they acted with specific intent to do something the law forbids. This is the highest standard in federal criminal law. Being reckless, or escalating a situation that could have been de-escalated is not enough.
First, we are unable to establish, beyond a reasonable doubt, the precise location of Mr. Sterling’s right hand at the moment at which the officer states, on the recording, that Mr. Sterling was “going for his gun.” In other words, we cannot establish that Mr. Sterling was not reaching for his gun -- or, more accurately, that the officers didn’t believe that he was reaching for his gun -- and therefore we cannot establish that the use of lethal force was unreasonable. Second, as I mentioned earlier, there is a distinct statutory requirement of willfulness. In our view, the evidence is insufficient to meet this element, because we cannot prove beyond a reasonable doubt that the officers knew that what they were doing was unreasonable or prohibited and that they chose to do it anyway.
Conclusion
There are no winners here and no victory for anyone. A man has died. A father, a nephew has died. My heart goes out to his family. For the family, for the community, for the police department, and for the cause of justice, please know that experienced, highly trained federal agents and prosecutors worked hard to investigate and examine the facts to determine if a federal criminal case could be brought here. We have all concluded that no such case can be made.
Going forward, we will continue to support and work with the Department of Justice’s Community Relations Service, which has been on the ground since last summer working to increase dialogue and engagement among civic and community leaders. And my office—which has long been involved in numerous community outreach projects and initiatives across Baton Rouge—will continue to look for opportunities to engage with students, lawyers, and others interested in federal civil rights law through healthy, productive dialogue.
The U.S. Department of Justice (of which we are all a part) remains committed to investigating allegations of excessive force by law enforcement officers, and will continue to devote the resources required to ensure that all serious allegations of civil rights violations are thoroughly examined. The Department aggressively prosecutes civil rights violations whenever there is sufficient evidence to do so, and in fact there are other investigations and criminal prosecutions underway in this district. Having said that, based on the evidence in this particular case, all of the prosecutors and agents involved in this matter have come to the unanimous conclusion that insufficient evidence exists to charge a federal crime in connection with the July 5, 2016 fatal shooting of Alton Sterling.
The Louisiana Attorney General’s Office, with the assistance of the Louisiana State Police, now intends to conduct its own inquiry into whether the conduct at issue violated any provision of Louisiana state law, and it will have at its disposal every piece of evidence that the federal investigation has been able to obtain.
Finally, I would like to discuss how we came to the decision to provide limited advance notice of today’s announcement. Given the events following Mr. Sterling’s death, we worked with the Governor, the Mayor, and our state, parish, and local law enforcement heads to establish an agreed-upon notice procedure that would minimize public safety concerns. That is the procedure implemented today.
I pray that God gives our community the strength to rise above this tragedy and all the events that followed, and that He enables us to listen to those different from ourselves so that we may become better because of it. God bless all those touched by this tragic incident and our great and resilient City of Baton Rouge.
Postmaster Charged with False ClaimsRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Carl R. Bonser, age 56, of Lehighton, Pennsylvania, was charged in a one count criminal information on May 2, 2017, with false, fictitious or fraudulent claims.
According to United States Attorney Bruce D. Brandler, the information alleges that from January 1, 2016 through October 31, 2016, Bonser, in his official capacity as Postmaster of the Orwigsburg Post Office, falsely requested monetary compensation for travel that never occurred, causing a loss of $6,500.
The United States also filed a plea agreement, which is subject to the approval of the Court, wherein it is indicated that Bonser intends to plead guilty to the charges when he appears in federal court for his arraignment.
The case was investigated by the United States Postal Service, Office of the Inspector General and is being prosecuted by Assistant U.S. Attorney Jenny P. Roberts.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 5 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Pierre Man Indicted on Child Pornography ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pierre, South Dakota, man has been indicted by a federal grand jury for Distribution of Child Pornography and Possession of Child Pornography.
Amin Ricker, age 30, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 26, 2017, and pled not guilty to the Indictment.
The penalty upon conviction is a mandatory minimum of 15 years imprisonment up to 40 years imprisonment and/or a $250,000 fine, 5 years up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment charges that between October 2016 and February 2017, Ricker knowingly distributed and possessed child pornography, and that at the time, he had a prior conviction under the laws of the state of South Dakota relating to the possession and distribution of child pornography.
The charges are merely accusations and Ricker is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the Pierre Police Department, the South Dakota Division of Criminal Investigation, and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Ricker was released pending trial. Trial is set for June 27, 2017.
Parma couple charged for conspiring to avoid paying taxes; people used as hotel housekeeping falsely treated as independent contractorsRead the Press Release
A Parma couple was charged in federal court for their roles in a conspiracy to avoid paying taxes, in which people used to clean hotels and motels were falsely treated as independent contractors, Acting U.S. Attorney David A. Sierleja said.
Steven Caldwell, 55, and Gayane Lashina, 51, were charged via criminal information with one count of conspiracy to defraud the United States.
A man identified in court documents as T.P. controlled various corporations that entered into contracts to provide maid and housekeeping services to various hotels and motels. These corporations included Evrica Inter Services Inc., Evrica International LLC, Antelope’s Services LLC and Zeromax LLC, according to the information.
Caldwell was the incorporator of Evrica International and Antelope’s Services, according to the information.
T.P. and his associates hired people, many of them immigrants from Africa or Eastern Europe, to work as maids and housekeepers. He, Caldwell and Lashina required employees to signed independent contractor agreements to work for the cleaning companies. These agreements specified the employee was responsible for all federal, state and local taxes, according to the information
T.P. hired the employees, assigned them work location, trained and instructed the employees and set their schedules, among other actions. He falsely treated the employees as independent contractors to avoid payment of employment taxes, according to the information.
Caldwell and Lashina made false statements to law enforcement agents about T.P.’s ownership, operation and control of the companies. They were also used to disguise his ownership of the companies, according to the information.
The investigation is ongoing.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Carmen Henderson following an investigation by the U.S. Department of Labor and the Internal Revenue Service.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Non-Indian Man from Santa Fe Pleads Guilty to Trespassing and Damaging Property on Pojoaque Pueblo LandRead the Press Release
ALBUQUERQUE – Derek I. Hunt, 28, of Santa Fe, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to misdemeanor charges of criminal trespass and criminal damage to property. Hunt’s plea agreement includes a recommendation that Hunt be sentenced to a one-year term of probation, including 120 days in a halfway house.
Hunt was charged in a criminal complaint on Feb. 8, 2017, with misdemeanor criminal trespass and criminal damage to property. The complaint alleged that in Aug. 2016, the Pojoaque Pueblo Governor banished Hunt, a non-Indian, from entering Pojoaque Tribal Lands. According to the complaint, Hunt reentered Pojoaque Pueblo on two occasions between Aug. 2016 and Jan. 2017, in violation of the Pueblo’s banishment resolution. The complaint also alleged that on Jan. 12, 2017, Hunt damaged a vehicle belonging to a Pojoaque Pueblo woman.
During yesterday’s proceedings, Hunt pled guilty to a misdemeanor information charging him with criminal trespass and criminal damage to property. In entering the guilty plea, Hunt admitted that although the Pueblo of Pojoaque served him with an Order of Exclusion in Aug. 2016, he reentered the Pueblo on Jan. 5, 2017 and several times prior to Jan. 5, 2017, in violation of the Pueblo’s Tribal Order. Hunt further admitted that on Jan. 5, 2017, he used a rock to damage the windshield of a vehicle on the Pojoaque Pueblo. A sentencing hearing has yet to be scheduled.
This case was investigated by the Northern Pueblos Agency of the BIA’s Office of Justice Services and the Pojoaque Pueblo Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Elisa Dimas.
Nine Aliens Indicted on Immigration, Passport, and Social Security OffensesRead the Press Release
RALEIGH – John Stuart Bruce, United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging GRACIANO BERMUDEZ-OCHOA, age 39, of Mexico, JUAN CARLOS CUANAS-PEDRO, age 30, of Mexico, ANTONIO LAMAS-RIOS, age 42, of Mexico, SERGIO MENDOZA-GOMEZ, age 48, of Mexico, MARBIN RAMIREZ-PEREZ, age 36, of Honduras, FELIPE RENTERIA-GOMEZ, age 35, of Mexico, ABIEL ROBLERLO-VASQUEZ, age 27, of Mexico, and JOSE ALFONSO RODRIGUEZ-GARCIA, age 49, of El Salvador, with Illegal Reentry of a Deported Alien. Also, a federal grand jury returned an indictment charging LUCAS RIVERA-HERNANDEZ, age 41, of Mexico, with Passport Fraud and False Representation of a Social Security Account Number.
If convicted of Illegal Reentry of a Deported Alien, BERMUDEZ-OCHOA, CUANAS-PEDRO, RAMIREZ-PEREZ, and ROBLERO-VASQUEZ, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
LAMAS-RIOS and RENTERIA-GOMEZ are alleged to have been previously deported subsequent to a felony conviction (sale or transportation of a controlled substance, and trafficking cocaine, respectively). Therefore, if convicted, they face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
MENDOZA-GOMEZ is alleged to have been previously deported subsequent to an aggravated felony conviction (attempted second degree robbery). RODRIGUEZ-GARCIA is alleged to have been previously deported ten times and having sustained aggravated felony convictions (grand theft and illegal reentry subsequent to an aggravated felony conviction). If convicted, both face a maximum imprisonment term of twenty years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of Passport Fraud and False Representation of a Social Security Account Number, RIVERA-HERNANDEZ would face maximum penalties of 10 years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by the Department of Homeland Security and the U.S. Department of State’s Diplomatic Security Service.
New Orleans Man Sentenced for Illegal Possession of a FirearmRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that KIDUS WODAJO, age 24, of New Orleans, was sentenced today after previously pleading guilty to being a felon in possession of a firearm.
U.S. District Judge Sarah S. Vance sentenced WODAJO to 46 months imprisonment followed by three years of supervised release.
According to court documents, WODAJO, who has a felony conviction in Orleans Parish Criminal District Court, possessed a Taurus Millennium Pro .45 caliber semiautomatic pistol in December 2013.
Acting U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives in investigating this matter. Assistant United States Attorney Jonathan L. Shih and Trial Attorney Joseph K. Wheatley, of the Department of Justice, Organized Crime and Gang Section, were in charge of the prosecution.
New London Man Sentenced to 43 Months for Dealing Heroin While Serving Previous Federal Prison TermRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ROBERT CABANBAN JR., 27, of New London, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 43 months of imprisonment, followed by three years of supervised release, for distributing heroin.
According to court documents and statements made in court, on two occasions in September 2012, CABANBAN sold heroin to an individual at his New London apartment. On September 26, 2012, investigators conducted a court-authorized search of CABANBAN’s apartment and seized approximately 12 grams of heroin, narcotics packaging materials and a loaded .380 caliber semi-automatic pistol. CABANBAN was arrested and subsequently pleaded guilty to one count of possession of a firearm by a previously convicted felon. On July 15, 2013, he was sentenced in Bridgeport federal court to 48 months of imprisonment.
In June 2016, the Groton Town Police Department received information that CABANBAN was selling heroin while out on day passes from a halfway house in Hartford. On July 1, 2016, investigators arranged a controlled purchase of 500 bags of heroin from CABANBAN. CABANBAN was arrested after he arrived at Groton motel to complete the transaction.
CABANBAN had been transferred from a federal Bureau of Prisons facility to a Hartford halfway house to complete his 48-month federal sentence, which was scheduled to conclude in September 2016.
On January 31, 2017, CABANBAN pleaded guilty to one count of conspiracy to possess with intent to distribute heroin.
In addition to the federal firearm conviction, CABANBAN’s criminal history includes state felony convictions for possession with intent to sell narcotics and burglary in the third degree.
This matter was investigated by the Groton Town Police Department and the Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorney Sarah P. Karwan.
New Haven Man Sentenced to 90 Months for Armed Robberies of West Haven Post Office and Hamden BankRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MALCOLM HAYNES, also known as “Black,” 26, of New Haven, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 90 months of imprisonment, followed by five years of supervised release, for committing armed robberies of the Allingtown Post Office in West Haven and the Wells Fargo Bank in Hamden on April 21, 2016.
According to court documents and statements made in court, on the morning of April 21, 2016, HAYNES, Derrick White, Howard Bookert and another male drove in White’s vehicle to the vicinity of the Allingtown Post Office located at 75 Farwell Avenue in West Haven. HAYNES, who was armed with a .22 caliber rifle, White and Bookert then entered the post office. HAYNES pointed the rifle at individuals who were in the lobby and the clerk behind the counter and directed them to stay away from the door. White then hopped over the counter, waved the postal clerk away from her station, removed the cash drawer from the counter and handed it to Bookert. The robbers then fled with the drawer, which contained approximately $491.
In the afternoon of April 21, 2016, the four individuals drove to a branch of Wells Fargo Bank located at 1647 Whitney Avenue in Hamden. HAYNES, again armed with the rifle, White and the other male entered the bank. HAYNES pointed the rifle in the direction of various employees as White went behind the counter and removed approximately $9,287 from teller drawers. During the robbery, the other male brandished what appeared to be a small black semi-automatic pistol.
White and Bookert were apprehended in New Haven on April 21, 2016. On that date, investigators also recovered the firearm that HAYNES used during the robberies, which HAYNES had hidden in a plastic garbage bag behind a house in New Haven. HAYNES was arrested on May 23, 2016. The three defendants have been detained since their arrests.
On February 2, 2017, HAYNES pleaded guilty to one count of armed robbery of a postal employee and one count of armed bank robbery.
White and Bookert, both of Hamden, previously pleaded guilty and await sentencing. The fourth male was charged by the state.
This matter was investigated by the West Haven Police Department, Hamden Police Department, New Haven Police Department, Federal Bureau of Investigation and U.S. Postal Inspection Service. The case is being prosecuted by Assistant U.S. Attorney Anastasia E. King.
Multiple-Time Felon Sentenced to 101 Months in Federal Prison for Two Firearms ConvictionsRead the Press Release
United States Attorney G. F. “Pete” Peterman, III, announces that William Hampton Tedrick, age 34, from Madison County, Georgia, was sentenced on May 2, 2017 to serve 101 months in federal prison for possession of a firearm in furtherance of a drug trafficking crime and possession of a firearm by a convicted felon. The sentence was handed down by United States District Court Judge C. Ashley Royal in Athens, Georgia.
In his plea agreement, Mr. Tedrick admitted to criminal conduct on two occasions. First, Mr. Tedrick admitted that on February 12, 2015, he and a companion were stopped by the Athens Clarke County Police Department following a tip from a confidential informant. Mr. Tedrick fled on foot from the officers, but he was quickly apprehended. A subsequent search of Mr. Tedrick and his vehicle revealed U.S. currency, hypodermic needles, plastic jewelry bags, methamphetamine, a digital scale, Xanax pills, and a loaded pistol.
Mr. Tedrick also admitted that on October 28, 2015, he was found to be in possession of a shotgun and three pistols during a Department of Community Supervision compliance check on another individual and her residence. At the time, Mr. Tedrick had four prior felony convictions for firearms and narcotics charges, and he was prohibited from possessing any firearms.
The case was investigated by the Athens Clarke County Police Department and the Department of Community Supervision. Assistant United States Attorney Peter D. Leary prosecuted the case for the government.
United States Attorney Peterman stated, “Mr. Tedrick is precisely the type of person who should not be carrying a weapon, period. With the proliferation of gun violence against law enforcement officers and others in this district in the past few months, any such prohibited person can expect vigorous prosecution by this office with resulting sentences of this nature. Our message is clear: unlawful possession of a firearm means time in prison.“
Questions concerning this case should be directed to Pamela Lightsey, United States Attorney’s Office, at (478) 621-2603.
Mortgage Foreclosure Rescue Owner Recieves Prison SentenceRead the Press Release
Drew Alia, 40, of Philadelphia was sentence to a 12 month and 1 day term of imprisonment for willfully failing to file federal income tax returns for tax years 2010 through 2013 announced Acting United States Attorney Louis D. Lappen. Alia, an attorney, operated a home mortgage rescue service that was designed to assist home owners who were facing foreclosure.
During the sentencing hearing before United States District Court Judge Paul Diamond, the Court noted that Alia had received approximately $1.6 million in gross income. Alia was charged, by Information, with four counts of failing to file returns resulting in a tax loss of $127,037. In addition to a term of imprisonment, Judge Diamond also ordered Alia to pay restitution to the Internal Revenue Service for the tax loss he caused after he is released from prison.
The case was investigated by Internal Revenue Service’s Criminal Investigation Division and was prosecuted by Assistant United States Attorney Floyd J. Miller.
Monticello Man Sentenced to Prison for Theft of Government FundsRead the Press Release
LITTLE ROCK—Patrick C. Harris, Acting United States Attorney for the Eastern District of Arkansas, and Robert Feldt, Special Agent-in-Charge of the Dallas Field Division of the Social Security Administration, Office of the Inspector General (SSA/OIG), announced today that Thomas “Dale” Sass, 50, of Monticello, was sentenced by United States District Judge Kristine G. Baker to 57 months’ imprisonment for theft of government funds. Sass was also sentenced to three years of supervised release and ordered to pay restitution in the amount of $297,516 to his former sister-in-law.
Sass waived an indictment and pled guilty to one count of theft of government funds on August 25, 2016, arising from his use for himself of money meant for the care of a disabled relative.
Sass, in 1997, became the guardian of his former sister-in-law, who was severely injured in a car accident that left her in a coma for a year and killed her son. Subsequent to the accident, the former sister-in-law began receiving monthly disbursements from the Social Security Administration (SSA) and a private insurance company. Sass received and had control over disbursements made to his former sister-in-law in order to provide for her care.
Sass violated his fiduciary duty and defrauded the SSA by using the victim’s funds for his own benefit. At times, Sass even failed to pay the victim’s caretakers. Sass further defrauded the SSA by forging his brother’s name on the SSA checks in order to continue receiving the SSA money.
Harris stated, “We are vigilant in our prosecution of people who take advantage of the elderly, children, and disabled in our community and this prosecution is one more example of our efforts to protect their well-being and what is in their best interests.”
Robert G. Feldt, Special Agent-in-Charge stated that, “the Social Security Administration, Office of the Inspector General (SSA/OIG) will tirelessly investigate and bring to justice those who commit SSA program fraud and misuse their position of trust to victimize vulnerable beneficiaries.”
This investigation was conducted by the Social Security Administration, Office of the Inspector General and the Arkansas Department of Insurance, Criminal Investigation Division. The case was prosecuted by Assistant United States Attorney Erin O’Leary.
Mississippi man pleads guilty to possessing child pornographyRead the Press Release
LAKE CHARLES, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Mississippi man pleaded guilty Tuesday to possessing child pornography.
Jesse Easterling, 41, of Hattisburg, Miss., pleaded guilty before U.S. Magistrate Judge Kathleen Kay to one count of possession of child pornography. The plea will become final when accepted by U.S. District Judge Dee D. Drell. According to the guilty plea, law enforcement agents identified the defendant as having child pornography in April of 2016 while he was staying at an RV park in Lake Charles. Law enforcement agents searched his property and found 72 videos of child pornography on his computer. Some of the videos were sexually explicit images of children under the age of 12. He also admitted during an interview that he had downloaded child pornography over the internet.
Easterling faces up to 20 years in prison, five years to life of supervised release, mandatory registration as a sex offender and up to a $250,000 fine. The court set the sentencing date for August 18, 2017.
This case is part of Project Safe Childhood, a U.S. Department of Justice nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood combines federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The U.S. Department of Homeland Security and U.S. Immigration & Customs Enforcement (ICE) also encourage the public to report suspected child predators and any suspicious activity through its toll-free hotline at (866) 347-2423. Investigators are available at all hours to answer hotline calls. Tips or other information can also be submitted to ICE online by visiting their website at www.ice.gov/exec/forms/hsi-tips/tips.asp or through the Operation Predator smartphone application www.ice.gov/predator/smartphone-app. Tips may be submitted anonymously.
The U.S. Department of Homeland Security and Louisiana State Police conducted the investigation. Assistant U.S. Attorney Dominic Rossetti is prosecuting the case.
Methamphetamine Dealer Sentenced to 188 Months in Prison Consecutive to His Thirty-Year State SentenceRead the Press Release
G.F. “Pete” Peterman, III, United States Attorney for the Middle District of Georgia, announces that Paul Leonard Hodge, age 40, of Madison County, Georgia, was sentenced to 188 months imprisonment for conspiracy to possess with intent to distribute methamphetamine by United States District Court Judge C. Ashley Royal in Athens, Georgia on May 2, 2017. Mr. Hodge’s federal sentence will run consecutively to the 30-year state prison sentence he is already serving for trafficking methamphetamine.
In his plea agreement, Mr. Hodge admitted that from January 21, 2015, to April 25, 2016, while he was in state prison serving a thirty-year state sentence for trafficking methamphetamine in Madison County, he conspired with other people to possess with intent to distribute 250.19 grams of actual methamphetamine in Athens, Georgia. In addition to his January 2015 conviction for trafficking methamphetamine in Madison County, Mr. Hodge had previously been convicted of felony counts involving methamphetamine in 2014, 2010, and twice in 2005.
“Mr. Hodge is obviously a career drug dealer whose pedaling of poison continued even while he was incarcerated. He deserves to serve every moment of both sentences now imposed upon him,” said United States Attorney Peterman.
The case was investigated by the Athens-Clarke County Police Department and the Madison County Sheriff’s Office. Assistant United States Attorney Peter D. Leary prosecuted the case for the Government.
Questions concerning this case should be directed to Pamela Lightsey, Public Information Officer, United States Attorney’s Office, at (478) 621-2603.
Mattydale Man Pleads Guilty to Child Pornography ChargesRead the Press Release
SYRACUSE, NEW YORK – Steven Doty, 52, of Mattydale, New York, pled guilty yesterday to two counts of distribution of child pornography, one count of receipt of child pornography and one count of possession of child pornography.
The announcement was made by the United States Attorney Richard S. Hartunian and Vadim Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Doty admitted to using peer-to-peer software to distribute videos of child pornography on July 6, 2015 and from July 16, 2016 through July 29, 2016. Doty also admitted to downloading a file directory containing approximately one-thousand (1000) images of child pornography and possessing thirty-two (32) “hard core” videos. Sentencing is scheduled for August 30, 2017, in Utica, New York.
Doty, who is detained in custody pending sentencing, faces a minimum term of imprisonment of five (5) years on the charges for distribution and receipt of child pornography. Doty faces a maximum term of imprisonment of twenty (20) years on all four counts. The Court is also required to impose a term of supervised release between five (5) years and life, and Doty will be required to register as a sex offender. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the Albany Division of the FBI (Syracuse Resident Agency) and the New York State Police, and is being prosecuted by Assistant U.S. Attorney Robert Levine.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Massive Strike Against Violent Street Gangs in San Diego County Results in Federal Charges Against 140-plus Gang Members and Associates in Less Than Three MonthsRead the Press Release
SAN DIEGO, CA – A crackdown on violent street gangs in San Diego County over the last 75 days has resulted in federal charges against more than 140 gang members and associates, many of whom are accused of terrorizing neighborhoods with shootings, robberies and other violent crimes.
More than 60 firearms and 30 pounds of methamphetamine, plus cash and other illicit drugs were seized by law enforcement during the course of four long-term gang investigations that culminated this spring with various indictments charging crimes such as racketeering, money laundering and gun, drug or sex trafficking.
“This is an unusually large number of gang members arrested in a very short period of time,” said Acting U.S. Attorney Alana W. Robinson. “The sheer number of arrests illustrates that gangs are a significant problem in this county. But it also underscores our enormous commitment to use every tool we have to attack this problem and restore communities to families who should not have to live in fear in their own homes.”
The most recent charges, unsealed this week in federal court, involve the prosecution of 16 members and associates of the Escondido-based Diablos street gang. The defendants are facing various drug trafficking offenses.
According to court records, in the last year the Diablos gang has been responsible for more than 25 gang-related shootings, multiple attempted murders, dozens of armed robberies, multiple instances of witness intimidation and the widespread distribution of narcotics and firearms in North San Diego County.
This investigation helped to identify and locate Dionicio Torrez, a Diablos gang member, as the suspected shooter of Cathy Kennedy, who was fatally wounded by gang gunfire March 7 as she drove home from church in Escondido.
The case involved a total of 13 wiretaps, the interception of over 20,000 telephone calls and text messages and the seizure of approximately 13 pounds of high-quality methamphetamine and 10 rifles and handguns, including 4 AR-15 type rifles, an AK-47 rifle, an SKS rifle and 2 handguns, one of which had an obliterated serial number.
The Diablos Enterprise claims control of the eastern and north central areas of Escondido. The approximate boundaries of the territory they claim is Lincoln Avenue to the north, Grand Avenue to the south, Midway Drive to the to the east and Escondido Boulevard to the west. There are approximately 311 documented members of the Diablos Enterprise and an additional 400 individuals who are “associates” of the Diablos Enterprise.
The four proactive gang cases involved months of federal wiretaps, extensive surveillance and scores of undercover drug and gun buys. Defendants were charged with crimes ranging from money laundering and racketeering to heroin, methamphetamine, firearms and sex trafficking.
“When members of criminal street gangs are arrested during joint operations, the San Diego County District Attorney’s Office reviews their criminal histories and coordinates with the U.S. Attorney’s Office to determine where a defendant would be most appropriately prosecuted,” said Chief Deputy DA Summer Stephan, who oversees the DA’s Gangs Division. “In essence, we collaborate to get the most effective bang for our prosecutorial buck and make sure justice is served, whether that happens on the state or federal side.”
Federal Bureau of Investigation Special Agent in Charge Eric S. Birnbaum stated, “Dismantling violent gangs is a continuing priority for the FBI. We share an unwavering commitment with our law enforcement partners to address the dangerous threat facing our communities today. The impact of our recent gang cases clearly demonstrates our focus and determination to strike at gang related enterprises and to eliminate the terror these groups inflict on our neighborhoods.”
“Our communities are safer because of ATF’s expanded efforts to target and dismantle criminal gangs and organized criminal enterprises that use firearms and violent acts to further their illegal gains,” said ATF Los Angeles Field Division Special Agent in Charge Eric Harden. “ATF and its partners are dedicated to carrying out our mission by ridding our communities of these gang members and associates who shatter families and destroy lives.”
“Our agency plays a unique role in federal law enforcement’s resolve to dismantle the criminal gang enterprises terrorizing our streets. Our agents target the profit and financial gains of these organizations, following the money in an effort to disrupt these organizations and restore order to our communities,” stated Special Agent in Charge R. Damon Rowe for IRS Criminal Investigation. “We are proud to provide this financial expertise as we work alongside our law enforcement partners to bring these criminals to justice."
The success of these cases is due to the collaborative effort of our federal, state and local partners working in task forces in order to leverage resources provided by the Office of National Drug Control Policy and the Organized Crime Drug Enforcement Task Force (OCDETF), which are federal anti-drug programs. The OCDETF program was created to consolidate and coordinate all law enforcement resources in this country's
battle against gangs, major drug trafficking rings, drug kingpins and money launderers.
Video file Video file
Video file Video file Firearms Red Devil IndictmentDEFENDANTS
Case Number: 17CR1071-BEN
Gustavo Cisneros Age: 38 Vista
Rafael Zamora Age: 33 Vista
Case Number: 17CR1070-BEN
Gustavo Cisneros Age: 38 Vista
Eduardo Rojo Age: 32 Tijuana, Mexico
David Bollschweiler Age: 55 Escondido
Jesus Salazar Age: 23 Chula Vista
Case Number: 17CR1069-BEN
Gustavo Cisneros Age: 38 Vista
David Bollschweiler Age: 55 Escondido
Leonel Ayala-Arambula Age: 47 El Cajon
Case Number: 17CR1068-BEN
Augustine Aragon Age: 23 Escondido
Francisco Torres-Cortez Age: 27 San Marcos
Sarah Hudgins Age: 27 San Marcos
Case Number: 17CR1067-BEN
Gustavo Cisneros Age: 38 Vista
Adrian Nieves Garcia Age: 22 San Diego
Fredy Cruz Age: 30 San Diego
Case Number: 17CR1066-BEN
Augustine Aragon Age: 23 Escondido
Marcia Cervantes Age: 27 Escondido
SUMMARY OF CHARGE COMMON TO ALL ABOVE CASES
Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C. Sections 846 and 841(a)(1).
Penalty: Mandatory-minimum of 10 years, up to life in prison.
DEFENDANTS Case Number: 17MJ1232
Charles Osterholtz Age: 55 Escondido
Justin Cartwright Age: 27 Escondido
David Trejo Age: 27 Escondido
SUMMARY OF CHARGE
Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C. Sections 846 and 841(a)(1).
Penalty: Mandatory-minimum of 5 years, up to 40 years in prison.
SUMMARY OF CHARGE
Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C. Sections 846 and 841(a)(1).
Penalty: Mandatory-minimum of 5 years, up to 40 years in prison.
INVESTIGATING AGENCIES
DEA
Escondido Police Department
ATF
San Diego County Sheriff’s Department
North County Regional Gang Task Force
*A complaint or indictment is not evidence that the defendants committed the crimes charged. The defendants are presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.
Martinsburg woman admits to cocaine traffickingRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Martinsburg, West Virginia woman pled guilty today to distributing crack cocaine, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Ashley Collier, age 29, pled guilty to one count of “Distribution of a Controlled Substance.”
Collier admitted to selling crack cocaine in Berkeley County in November 2013.
Collier faces up to twenty years and a $1,000,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Anna Z. Krasinski is prosecuting the case on behalf of the government. The Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Man Charged with Being a Felon in Possession of a FirearmRead the Press Release
St. Thomas, USVI – Shakieme S. Freeman, 24, of St. Thomas, made his initial appearance yesterday before U.S. Magistrate Judge Ruth Miller on a criminal complaint charging him with being a felon in possession of a firearm, Acting United States Attorney Joycelyn Hewlett announced. After a detention hearing held today, Judge Miller released Freeman to two third-party custodians on a $25,000 unsecured bond and placed him on home detention with electronic monitoring pending further proceedings.
According to the complaint, police were patrolling the Thomasville Housing Community on February 16, 2017, when they came into contact with Freeman and discovered him to be armed with a loaded Glock pistol.
If convicted of being a felon in possession of a firearm, Freeman faces a maximum sentence of 10 years in prison and a $250,000 fine.
The information is the result of investigative work by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. It is being prosecuted by Assistant United States Attorney Meredith J. Edwards.
Acting United States Attorney Hewlett reminds the public that an Indictment is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless proven guilty.
Madison County Sheriff’s Deputy Arrested on Federal Criminal ComplaintRead the Press Release
Charlottesville, VIRGINIA – A Madison County Sheriff’s Office detective, assigned to the Internet Crimes Against Children Task Force [ICAC], was arrested this morning and charged via federal criminal complaint with four counts relating to the sexual exploitation of minors, Acting United States Attorney Rick A. Mountcastle, Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Virginia State Police Colonel Steve W. Flaherty and Acting Special Agent in Charge of the FBI’s Richmond Division John J. Lenkart, announced today.
Bruce A. Harvey, 40, of Reva, Va., has been charged with two counts of transporting minors across state lines with the intent to engage in criminal sexual activity and two counts of interstate travel with minors with the intent to engage in illicit sexual conduct. The alleged criminal activity involved two minor female victims who had contact with Harvey while he worked as a karate instructor. The alleged criminal conducted occurred between 1998 and 2007.
Harvey, a former instructor at the Virginia Tong Leong School of Karate in Madison, had his initial appearance this afternoon in the United States District Court for the Western District of Virginia in Charlottesville and remains in custody pending further court action.
The investigation of the case is ongoing and being conducted by the Federal Bureau of Investigation and the Virginia State Police. Assistant United States Attorney Nancy S. Healey and Lauren S. Kupersmith, Trial Attorney for the Child Exploitation and Obscenity Section of the United States Department of Justice will prosecute the case for the United States.
A criminal complaint is only a charge and not evidence of guilt. The defendant is entitled to a fair trial with the burden on the government to prove guilt beyond a reasonable doubt.
If you have any information about these crimes or information about a potential victim, please contact the FBI at 800-CALL-FBI. Investigators and victim specialists are available to assist you.
Madison County Sheriff’s Deputy Arrested and Charged with Crimes Relating to Sexual Exploitation of MinorsRead the Press Release
A Madison County, Virginia, Sheriff’s Office detective, assigned to the Internet Crimes Against Children Task Force (ICAC), was arrested this morning and charged via federal criminal complaint with four counts relating to the sexual exploitation of minors.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Rick A. Mountcastle of the Western District of Virginia, Colonel Steve W. Flaherty of the Virginia State Police and Acting Special Agent in Charge Division John J. Lenkart of the FBI’s Richmond Division made the announcement.
Bruce A. Harvey, 40, of Reva, Virginia, has been charged with two counts of transporting minors across state lines with the intent to engage in criminal sexual activity and two counts of interstate travel with minors with the intent to engage in illicit sexual conduct. The alleged criminal activity involved two minor female victims who had contact with Harvey while he worked as a karate instructor. The alleged criminal conduct occurred between 1998 and 2007.
Harvey, a former instructor at the Virginia Tong Leong School of Karate in Madison, had his initial appearance this afternoon in the U.S. District Court for the Western District of Virginia in Charlottesville and remains in custody pending further court action.
The charges contained in a complaint are merely accusations, and a defendant is presumed innocent unless and until proven guilty.
The investigation of the case is ongoing and being conducted by the FBI and the Virginia State Police. Assistant U.S. Attorney Nancy S. Healey of the Western District of Virginia and Trial Attorney Lauren S. Kupersmith of the Justice Department’s Child Exploitation and Obscenity Section (CEOS) are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
If you have any information about these crimes or information about a potential victim, please contact the FBI at 800-CALL-FBI. Investigators and victim specialists are available to assist you.
Lima men convicted of human trafficking crimesRead the Press Release
Two Lima men were convicted by a federal jury of human trafficking charges for their roles in a conspiracy in which girls, then 14 and 16 years old, were forced into commercial sex acts, said Acting U.S. David A. Sierleja, Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland Office, and Lima Police Chief Kevin Martin.
Lorenzo Young, 31, was convicted on eight counts, including conspiracy to engage in sex trafficking of minors, sex trafficking of a minor and participating in a child exploitation enterprise, among other crimes. He is scheduled to be sentenced on Sept. 7.
Aundre Davis, 35, was convicted on six counts, including conspiracy to engage in sex trafficking of minors, sex trafficking of a minor, and other crimes. He is scheduled to be sentenced on Aug. 31.
Megan Hitt, Randy Thompson and three other people previously pleaded guilty to crimes related to the conspiracy. Hitt is scheduled to be sentenced June 1.
Young, Davis, Thompson and Hitt conspired to cause girls, aged 14 and 16, to engage in commercial sex acts in Lima and Fort Wayne, Indiana. They did this by taking and posting sexually explicit photos of the girls on backpage.com, transporting the girls, renting motel rooms for them and negotiating prices. This took place between November 2015 and January 2016, according to court documents and trial testimony.
“These defendants preyed on teen girls so they could line their pockets with money,” Sierleja said. “Human trafficking happens all around us, on the internet and in the motels in our towns.”
“These individuals violated the rights of some of our most vulnerable in our community - the children,” Anthony said. “The FBI will continue working with our law enforcement partners to aggressively pursue justice for human trafficking victims and to put their perpetrators behind bars."
“Human trafficking is a devastating crime that must be stopped. It victimizes people within every segment of society throughout our nation,” Martin said. “I want to thank the FBI and U.S. Attorney’s Office for their help in enforcing the law against those who will engage in human trafficking within the Lima community. We are grateful for the cooperative working relationship we have with them and the many other local, state and federal law enforcement agencies that are working together to make human trafficking a thing of the past. The Lima Police Department cannot accomplish this alone.”
This case was investigated by the Federal Bureau of Investigation’s Toledo office and the Lima Police Department. It is being prosecuted by Assistant U.S. Attorneys Alissa M. Sterling and Daniel R. Hurley.
Leesville woman pleads guilty to role in theft of bank funds, falsifying transaction recordsRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a Leesville woman pleaded guilty to falsifying records and otherwise concealing that more than $1 million had been stolen from a local bank.
Amanda Pollock, 46, of Leesville, La., pleaded guilty before U.S. District Judge Jay C. Zainey to one count of concealing a document in a federal investigation. According to the guilty plea, Pollock stole 10 weeks of vault logs on May 10, 2014 while working as a teller at the Fort Polk branch of a local bank. She also entered false transactions into the bank’s records to cover up $1,179,091 that was missing. She took these actions to conceal the missing money and to otherwise obstruct any subsequent federal investigation into the missing funds.
Pollock faces up to five years in prison, three years of supervised release, restitution and a $2,358,182 fine. The court set a sentencing date of August 2, 2017.
The FBI and FDIC-Office of Inspector General conducted the investigation. Assistant U.S. Attorney David C. Joseph is prosecuting the case.
Leader of Drug Trafficking Organization Loren “Mama” Toelle Sentenced to PrisonRead the Press Release
COUER D’ALENE – Loren Michelle Toelle, 52, of Coeur d’Alene, Idaho, was sentenced yesterday for conspiracy to distribute controlled substances and conspiracy to launder money, Acting U.S. Attorney Rafael Gonzalez announced. Chief U.S. District Judge B. Lynn Winmill sentenced Loren Toelle to 212 months in federal prison to be followed by 5 years of supervised release. Toelle will also forfeit her interest in more than two million dollars of various properties, bank accounts, vehicles, cash and jewelry, all of which were the profits of the organization’s criminal actions or were intended to be used to promote the organization’s criminal actions.
Loren Toelle, also known as “Mama” by her co-conspirators and others in the drug world, pleaded guilty on January 18, 2017. She admitted being the leader of an organization involving her children and friends. The group sold oxycodone, heroin, and methamphetamine in Idaho, Washington, Montana and North Dakota. Toelle’s brother, Robert Hill, was also sentenced Tuesday by Judge Winmill to 151 months in prison. Robert Hill pleaded guilty November 18, 2016, to conspiracy to distribute controlled substances.
Loren Toelle’s ex-husband, Stanley Toelle, was also charged federally with conspiracy to launder money. On Tuesday, Stanley pleaded guilty to filing false documents with the Internal Revenue Service in 2012 and 2013. He will be sentenced on August 15, 2017. As part of his plea agreement, Stanley Toelle also agreed to pay nearly $50,000 in back taxes and forfeited over $150,000 in assets derived from his wife’s drug trafficking.
In total, 11 individuals were arrested by federal agents in February of 2016. All have pleaded guilty and been sentenced except for Stanley Toelle. The arrests and indictments in this case are the result of a joint investigation and cooperative law enforcement efforts of the Organized Crime and Drug Enforcement Task Force (OCDETF), comprised of the Federal Bureau of Investigation (FBI), Drug Enforcement Administration, U.S. Marshals Service, Internal Revenue Service – Criminal Investigation, and the Department of Homeland Security, Homeland Security Investigations. The OCDETF investigation was spearheaded by the North Idaho Violent Crime Task Force, consisting of the FBI, the Coeur d’Alene Police Department, the Kootenai County Sheriff’s Office and the Post Falls Police Department.
Acting U.S. Attorney Gonzalez praised the dogged determination of the federal, state and local investigators and the prosecution team in their tireless pursuit of this drug trafficking organization. “Not only were the offenders sent to prison, they were divested of their ill-gotten gains,” Gonzalez said.
Lake Charles man pleads guilty to drug, firearm chargesRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a Lake Charles man pleaded guilty to distributing cocaine and possessing firearms.
Kevin Ardoin, 36, of Lake Charles, La., pleaded guilty before U.S. District Judge Jay C. Zainey to one count of possession with intent to distribute cocaine and one count of possession of a firearm in furtherance of a drug trafficking crime. According to the guilty plea, law enforcement agents recorded Ardoin selling cocaine on June 22, 2016 in Lake Charles. Agents searched his home and found 1.9 ounces of crack cocaine, .5 ounces of powder cocaine, 13 Xanax pills, 14 grams of marijuana and $2,265. The next day, agents learned there were more drugs in Ardoin’s home than was previously found. They searched his home again and found $87,070, 432 grams of cocaine, and four firearms, which included a loaded Taurus .410 caliber pistol, a Masterpiece Arms .45 caliber pistol, a Taurus .40 caliber pistol, and a Smith and Wesson .38 caliber revolver.
Ardoin faces up to 20 years in prison and a $1 million fine for the drug count, and he faces not less than five years in prison consecutive to any other prison term and a $250,000 fine for the firearms count. He also faces three years of supervised release. The court set a sentencing date of August 2, 2017.
The FBI and Calcasieu Parish Combined Anti-Drug Taskforce conducted the investigation. Assistant U.S. Attorney David C. Joseph is prosecuting the case.
KC Man Faces Additional Charges for Jimmy John's Robbery, CarjackingRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was indicted by a federal grand jury today on additional charges related to the armed robbery of a Jimmy John’s restaurant and a carjacking.
Terry K. Rayford, 54, of Kansas City, was charged in a five-count indictment returned by a federal grand jury in Kansas City, Mo. Today’s indictment replaces a criminal complaint that was filed against Rayford on April 28, 2017, and includes additional charges.
The federal indictment contains the original charge of being a felon in possession of firearms. Rayford is also charged with one count of carjacking, one count of armed robbery and two counts of brandishing a firearm during a crime of violence.
According to the federal indictment, the charges stem from two incidents that occurred on Wednesday, April 26, 2017. Rayford allegedly robbed the Jimmy John’s restaurant, located at 3900 Broadway Blvd., Kansas City, Mo., at gunpoint. Rayford is also charged with brandishing a Witness-P .45-caliber semi-automatic handgun during that robbery.
Rayford allegedly stole a 1998 Ford Econoline E350 van at gunpoint on the same day. Rayford is also charged with using or brandishing a Witness-P .45-caliber semi-automatic handgun and a Jimenez 9mm semi-automatic handgun during the carjacking.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Rayford has 13 felony convictions for robbery and he was on parole at the time of the alleged offenses.
According to an affidavit filed in support of the original criminal complaint, the firearms were found in Rayford’s vehicle after he was stopped by Independence, Mo., police officers at approximately 7:30 p.m. on Thursday, April 27, 2017. Officers received information about a person matching the description of the suspect in the Jimmy John’s restaurant the day before. A retired major with the Kansas City, Mo., Police Department had seen video of the robbery broadcast on the news and saw Rayford – who appeared to be the robbery suspect – driving in the area of 40 Highway and Crysler in Independence.
Independence police officers responded to the area and stopped Rayford’s vehicle. When they ordered him to get out of his vehicle, officers found the Witness-P .45-caliber semi-automatic handgun lying on the driver’s side floorboard. Rayford was arrested and his vehicle towed. During an inventory of the vehicle, the Jimenez 9mm semi-automatic handgun was found in the back pouch of the front passenger seat.
Rayford told investigators he had stolen both of the handguns from his source of supply for crack cocaine, to whom he owed money.
Larson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt.
This case is being prosecuted by Assistant U.S. Attorney Trey Alford. It was investigated by the Kansas City, Mo., Police Department, the Independence, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jury convicts two members of Heartless Felons gang of armed carjacking in Tremont neighborhoodRead the Press Release
A federal jury convicted two Cleveland men of participating in a carjacking in the city’s Tremont neighborhood, said Acting U.S. Attorney David A. Sierleja, FBI Special Agent in Charge Stephen D. Anthony and Cleveland Police Chief Calvin Williams.
Kenneth Jackson, Jr., 20, and Antowine Palmer, 24, were convicted of an armed carjacking in July 2015. Jackson was also convicted of carjacking a couple the following day. The jury found Jackson brandished a firearm in both attacks while Palmer used a firearm in the first carjacking.
They are scheduled to be sentenced on Aug. 23. Palmer still has a murder trial pending in the Cuyahoga County Court of Common Pleas.
Tervon’tae Taylor, 23, of Cleveland Heights; D’wan Dillard, Jr., 20, Calvin Rembert, 23, both of Cleveland, previously pleaded guilty to their roles in carjackings in and around Tremont in the summer of 2015.
According to evidence and testimony introduced in the week-long trial:
Palmer and Jackson were members of the Heartless Felons street gang. They were feuding with a different set of Heartless Felons. The defendants planned to do a drive-by shooting of members of the rival group, so they went to Tremont to steal a car so they would be unrecognizable during the drive-by shooting.
Palmer, Jackson, Taylor and Rembert saw a man loading a GMC Denali in the early morning hours of July 25, 2015. They held a loaded gun to the victim’s head, pistol-whipped him and stole his vehicle, his wallet and his cellular phone. The defendants used his credit cards to make purchases at a Wal Mart.
“These defendants are violent predators who illegally used firearms to steal from law-abiding citizens,” Sierleja said.
“These men terrorized victims and the city with their dangerous, gun-wielding car thefts,” Anthony said. “The Violent Crime Task Force and our local partners are committed to aggressively investigate predators who choose to engage in heinous acts of violence against our citizens.”
This case is being prosecuted by Assistant U.S. Attorneys Kelly Galvin and Robert Patton following an investigation by the Federal Bureau of Investigation and Cleveland Division of Police.
Judge sentences three law enforcement officer defendants in Iberia Parish civil rights caseRead the Press Release
LAFAYETTE, La. – U.S. District Judge Donald E. Walter of the Western District of Louisiana yesterday issued prison sentences for three former officials of the Iberia Parish Sheriff’s Office (IPSO), including a former Lieutenant Colonel, for abuses of inmates, announced Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division, Acting U.S. Attorney Alexander Van Hook of the Western District of Louisiana and Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Division. Former Lt. Col. Gerald Savoy was sentenced to serve 87 months in prison; Wesley Hayes, the former Warden of the Iberia Parish Jail, was sentenced to serve 34 months; and Hayes’ brother Jesse, a former Assistant Warden at the jail, was sentenced to serve 24 months.
The convictions of these three defendants and seven others who were sentenced in February stemmed from several incidents of abuse at the Iberia Parish Jail (IPJ) in 2011. During the course of an expansive investigation, 10 former IPSO officials pleaded guilty to federal criminal civil rights violations. During their guilty plea hearings, the officials admitted to various incidents in which deputies willfully assaulted inmates, without legal justification for doing so. One of those incidents, including the incident to which Savoy and the Hayes brothers pled guilty, involved the abuse of a pretrial detainee in September 2011.
A second incident to which numerous deputies pled guilty occurred at the IPJ on April 29, 2011, when five pretrial detainees were taken into a chapel at the jail and were beaten by sheriff’s deputies.
The seven other defendants, who were sentenced previously for their roles in these civil rights offenses, are former Lt. Bret Broussard of the Narcotics Unit, who was sentenced to 54 months in prison; former narcotics agent Wade Bergeron, who was sentenced to 48 months in prison; former narcotics agent Jason Comeaux, who was sentenced to 40 months in prison; former narcotics agent David Hines, who was sentenced to 40 months in prison; former narcotics agent Byron Benjamin Lassalle, who was sentenced to 54 months in prison; and former K-9 handlers Robert Burns and Jeremy Hatley, who were sentenced to six months in prison and 36 months in prison respectively. An additional deputy, former Iberia Parish Sheriff’s Office Capt. Mark Frederick has been indicted and is pending trial at a later date. An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Sheriff Louis Ackal, who was also charged in connection with the cases, was acquitted at a trial in November 2016.
“Former Lt. Col. Savoy and the other defendants sanctioned a culture of inmate abuse and flagrant disregard for the laws they swore an oath to uphold,” said Acting Assistant Attorney General Wheeler. “The convictions in this case demonstrate that the Justice Department is firmly committed to prosecuting law enforcement misconduct, which erodes public trust and threatens the reputation of the honorable men and women who wear the badge.”
“The FBI is committed to aggressively investigating allegations of excessive force used by law enforcement officers,” said Special Agent in Charge Sallet. “The civil rights of all persons must be protected as they are the bedrock of our society. The vast majority of law enforcement officers perform their duties with professionalism and valor, often at great personal risk. However, those few officers who abuse their authority and tarnish their badge, undermine the faith and trust placed in the criminal justice system by the American people. The FBI will continue to devote all necessary resources to these very important investigations.”
The case was investigated by the FBI’s Lafayette Resident Agency. The case is being prosecuted by Special Legal Counsel Mark Blumberg and Trial Attorney Tona Boyd of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Mary J. Mudrick of the Western District of Louisiana.
Judge Sentences Three Law Enforcement Officer Defendants in Iberia Parish, Louisiana, Civil Rights CaseRead the Press Release
U.S. District Judge Donald E. Walter of the Western District of Louisiana yesterday issued prison sentences for three former officials of the Iberia Parish Sheriff’s Office (IPSO), including a former Lieutenant Colonel, for abuses of inmates, announced Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division, Acting United States Attorney Alexander Van Hook of the Western District of Louisiana and Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Division. Former Lt. Col. Gerald Savoy was sentenced to serve 87 months in prison; Wesley Hayes, the former Warden of the Iberia Parish Jail, was sentenced to serve 34 months; and Hayes’ brother Jesse, a former Assistant Warden at the jail, was sentenced to serve 24 months.
The convictions of these three defendants and seven others who were sentenced in February stemmed from several incidents of abuse at the Iberia Parish Jail (IPJ) in 2011. During the course of an expansive investigation, 10 former IPSO officials pleaded guilty to federal criminal civil rights violations. During their guilty plea hearings, the officials admitted to various incidents in which deputies willfully assaulted inmates, without legal justification for doing so. One of those incidents, including the incident to which Savoy and the Hayes brothers pled guilty, involved the abuse of a pretrial detainee in September 2011.
A second incident to which numerous deputies pled guilty occurred at the IPJ on April 29, 2011, when five pretrial detainees were taken into a chapel at the jail and were beaten by sheriff’s deputies.
The seven other defendants, who were sentenced previously for their roles in these civil rights offenses, are former Lt. Bret Broussard of the Narcotics Unit, who was sentenced to 54 months in prison; former narcotics agent Wade Bergeron, who was sentenced to 48 months in prison; former narcotics agent Jason Comeaux, who was sentenced to 40 months in prison; former narcotics agent David Hines, who was sentenced to 40 months in prison; former narcotics agent Byron Benjamin Lassalle, who was sentenced to 54 months in prison; and former K-9 handlers Robert Burns and Jeremy Hatley, who were sentenced to six months in prison and 36 months in prison respectively. An additional deputy, former Iberia Parish Sheriff’s Office Capt. Mark Frederick has been indicted and is pending trial at a later date. An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Sheriff Louis Ackal, who was also charged in connection with the cases, was acquitted at a trial in November 2016.
“Former Lt. Col. Savoy and the other defendants sanctioned a culture of inmate abuse and flagrant disregard for the laws they swore an oath to uphold,” said Acting Assistant Attorney General Wheeler. “The convictions in this case demonstrate that the Justice Department is firmly committed to prosecuting law enforcement misconduct, which erodes public trust and threatens the reputation of the honorable men and women who wear the badge.”
“The FBI is committed to aggressively investigating allegations of excessive force used by law enforcement officers,” said Special Agent in Charge Sallet. “The civil rights of all persons must be protected as they are the bedrock of our society. The vast majority of law enforcement officers perform their duties with professionalism and valor, often at great personal risk. However, those few officers who abuse their authority and tarnish their badge, undermine the faith and trust placed in the criminal justice system by the American people. The FBI will continue to devote all necessary resources to these very important investigations.”
The case was investigated by the FBI’s Lafayette Resident Agency. The case is being prosecuted by Special Legal Counsel Mark Blumberg and Trial Attorney Tona Boyd of the Civil Rights Division’s Criminal Section and Senior Litigation Counsel Joseph G. Jarzabek of the Western District of Louisiana.
Irondale Man Charged with Identity Theft for Using Signature Stamp to EmbezzleRead the Press Release
BIRMINGHAM – Federal prosecutors last week charged an Irondale man with identity theft in connection to nearly $400,000 embezzled from the company where he worked, announced Acting U.S. Attorney Robert O. Posey and FBI Special Agent in Charge Roger C. Stanton.
The U.S. Attorney’s Office filed a one-count information in U.S. District Court charging JOHN D. PILKINGTON III, 39, with one count of identity theft for using another person’s identification, via a rubber signature stamp, to steal property between January 2010 and July 2016.
In conjunction with the charge, prosecutors also filed a plea agreement with Pilkington. As part of the plea agreement, Pilkington promises to pay $397,016 in restitution to Cain Awning of Birmingham.
Pilkington worked at Cain Awning from January 2002 to July 2016. His job included preparing the weekly payroll, ordering materials and negotiating contracts with general contractors, as well as managing invoices and collections, which gave him access to the company’s books and accounts, according to the plea agreement. Pilkington also had access to a rubber stamp bearing the signature of the company’s owner and president.
According to Pilkington’s plea agreement, he carried out his identity theft and embezzlement as follows:
Between January 2010 and July 2016, Pilkington prepared more than 200 unauthorized company checks totaling about $293,410 and made payable to himself or to cash. He used the company owner’s signature stamp to sign the checks.
During the same period, Pilkington embezzled about $25,576 by signing his own name to Cain Awning checks, obtaining cashier’s checks with company funds and using company credit cards for personal purchases and benefits.
Cain Awning used outside vendors to process its payroll, and Pilkington caused the vendors to inflate his wages and compensation by about $75,042. The company paid an additional $5,288 in payroll taxes on the wrongly inflated pay.
The total estimated loss to Cain Awning because of Pilkington’s conduct was $399,316. His restitution amount is $397,016 because of $1,200 and some property he previously returned to the company.
The maximum penalty for identity theft is 15 years in prison and a $250,000 fine.
The FBI investigated the case, which Assistant U.S. Attorney Henry Cornelius is prosecuting.
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Iowa Man Sentenced to Federal Prison for Iowa-Minnesota Meth ConspiracyRead the Press Release
A man was sentenced May 2, 2017, to more than six years in federal prison for conspiracy to distribute methamphetamine.
Sergio Lopez-Granillo, 25, from Sioux Center, IA, received the prison term after a guilty plea on January 26, 2017, to conspiracy to distribute methamphetamine.
At his guilty plea hearing, Lopez-Granillo admitted his involvement in a conspiracy that distributed at least 1,500 grams of actual (pure) methamphetamine from 2015 through September 2016 in Minnesota and Iowa. Lopez-Granillo admitted he repeatedly purchased 1 to 2 ounces of methamphetamine for a total of nearly 25 pounds from Rogelio Garcia-Jimenez in Worthington, MN for redistribution/use in Iowa over the course of about three years ending in 2016. Lopez-Granillo also admitted to distributing methamphetamine to an individual cooperating with law enforcement on a number of occasions.
Lopez-Granillo was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand. Lopez-Granillo was sentenced to 61 months’ imprisonment. A special assessment of $300 was imposed. He must also serve a 2-year term of supervised release after the prison term. Lopez-Granillo is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Shawn S. Wehde and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Drug Enforcement Administration; Iowa Department of Narcotics Enforcement; Minnesota Bureau of Criminal Apprehension; South Dakota Division of Criminal Investigation; Buffalo Ridge Task Force; and Internal Revenue Service.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-4084. Follow us on Twitter @USAO_NDIA.
Indictment: One Defendant, Eight Robberies in Five MonthsRead the Press Release
TOPEKA, KAN. – A federal grand jury returned an indictment Wednesday charging a Topeka man in eight robberies committed over a period of five months, U.S. Attorney Tom Beall said.
Joshua Alexander Musgraves, 24, Topeka, is charged in a superseding indictment with 13 counts as follows:
Date: Jan. 6, 2017
Place: Plato’s Closet, 1580 SW Wanamaker, Topeka.
Charges: Robbery (count one); brandish a weapon (count two).
Date: Jan. 20, 2017
Place: Kentucky Fried Chicken, 1812 NW Topeka in Topeka.
Charges: Robbery (count three), brandish a firearm (count four).
Date: March 23, 2017
Place: Burger King, 2817 Southeast California, Topeka.
Charges: Robbery (count five), brandish a firearm (count six).
Date: March 30, 2017
Place: McDonalds, 1100 S. Kansas, Topeka.
Charges: Robbery (count seven).
Date: April 3, 2017
Place: Subway restaurant, 1601 W. 23rd, Lawrence.
Charges: Robbery (count eight), brandish a firearm (count nine).
Date: April 4, 2017
Place: Wing Stop, 2233 Louisiana, Lawrence, Kan.
Charges: Robbery (count 10), brandish a firearm (count 11).
Date: Dec. 10, 2016
Place: Denison State Bank, 3640 Southwest Fairlawn, Topeka.
Charges: Bank robbery (count 12).
Date: Dec. 10, 2016
Place: Topeka
Charges: Carjacking (count 13).
If convicted, he faces the following penalties:
Counts one, three, five, seven, eight and 10: Up to 20 years and a fine up to $250,000.
Counts two, four and 11: Not less than seven years and a fine up to $250,000.
Counts six and nine: Not less than 10 years and a fine up to $250,000.
Count 12: Up to 25 years and a fine up to $250,000.
Count 13: Up to 15 years and a fine up to $250,000.
The Topeka Police Department and the FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
OTHER INDICTMENTS
Arlie J. Barhum, 32, who is in custody in the Shawnee County Jail, is charged with is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred March 21, 2017, in Topeka.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Mark A. Richardson, 29, who is in custody in the Shawnee County Jail, is charged with is charged with one count of unlawful possession of a firearm following a felony conviction. The crime is alleged to have occurred April 7, 2017, in Topeka.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated. Assistant U.S. Attorney Duston Slinkard is prosecuting.
Sandra Rodriguez-Ruiz, 36, Laveen, Ariz., is charged with one count of possession with intent to distribute heroin. The crime is alleged to have occurred March 25, 2017, in Ellsworth County, Kan.
If convicted, she faces a penalty of not less than 10 years and a fine up to $10 million. The Drug Enforcement Administration investigated. Assistant U.S. Attorney Greg Hough is prosecuting.
Jaiquan Jahai Wheeler, 20, who is in custody, is charged with one count of possession with intent to distribute marijuana, one count of unlawful possession of a firearm in furtherance of drug trafficking, and one count of unlawful possession of a firearm following a felony conviction. The crimes are alleged to have occurred March 14, 2017, in Shawnee County, Kan.
If convicted, he faces up to five years and a fine up to $250,000 on the marijuana charge, not less than five years and a fine up to $250,000 on the firearm in furtherance of drug trafficking charge, and up to 10 years and a fine up to $250,000 on the remaining count. The FBI investigated. Assistant U.S. Attorney Jared Maag is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Idaho Woman Sentenced for Social Security FraudRead the Press Release
BOISE – April Mae Beckmon, 38, of Marsing, Idaho, was sentenced today in United States District Court to 6 months in prison followed by 3 years supervised release for social security fraud, Acting U.S. Attorney Rafael Gonzalez announced. Senior U.S. District Judge Edward J. Lodge also ordered Beckmon to pay $22,272.45 in restitution to the Social Security Administration. Beckmon pleaded guilty to the charge on February 22, 2017.
According to the plea agreement, Beckmon received Supplemental Security Income (SSI) benefits from the Social Security Administration (SSA) from at least October 2010 through May 2015. Beckmon knew that she needed to report her October 2010 marriage and her spouse’s income to the SSA, but she did not. She chose not to report her marriage or her spouse’s income because she did not want it to impact her SSI benefits. Due to her marriage and her spouse’s unreported income, Beckmon received an overpayment in SSI benefits. From approximately January 2012 through May 2015, Beckmon fraudulently received $22,272.45 in SSI benefits that she was not entitled to.
The case was investigated by the Social Security Administration Office of Inspector General, the Department of Health and Human Services Office of Inspector General, and the Idaho Department of Health and Welfare.
Hoover Man Arrested on Federal Wire Fraud, Bank Fraud and Aggravated ID Theft ChargesRead the Press Release
BIRMINGHAM – FBI agents today arrested a Hoover man on multiple charges of wire fraud, bank fraud and aggravated identity theft, announced Acting U.S. Attorney Robert O. Posey and FBI Special Agent in Charge Roger C. Stanton.
RANDALL SHO WOODS, 32, is charged with stealing money from two former employers and a non-profit organization that supported the University of Alabama’s Million Dollar Band. Agents arrested Woods at his Inverness home. A federal grand jury in April returned a 24-count indictment against Woods. The indictment was unsealed upon his arrest.
Ingram’s Accounting & Financial Management Inc. previously employed Woods as a staff accountant. While working there, Woods fraudulently charged more than $30,000 on corporate credit card accounts for personal expenses, according to the indictment. Another company, State Traditions, previously employed Woods as an account clerk. While at State Traditions, Woods engaged in numerous fraudulent activities, including stealing more than $130,000 in funds from the company’s Pay-Pal account and its corporate checks, the indictment charges. Finally, while Woods served as treasurer of the Million Dollar Band Association, he stole more than $20,000 by writing checks payable to himself, according to the indictment.
The maximum penalty for each count of wire fraud is 20 years in prison and a $250,000 fine. The maximum prison sentence for bank fraud is 30 years.
The FBI investigated the case, which Assistant U.S. Attorney Robin Beardsley Mark is prosecuting.
An indictment contains only charges. A defendant is presumed innocent of the charges unless and until proven guilty.
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Honduran National Sentenced for Illegally ReentryRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that FRANCIS RAMIREZ-VASQUEZ, age 31, a citizen of Honduras, was sentenced today after previously pleading guilty to a one-count Bill of Information for illegal reentry of a removed alien.
U.S. District Judge Ivan L.R. Lemelle sentenced RAMIREZ-VASQUEZ to time served, one year supervised release, and a $100 special assessment. RAMIREZ-VASQUEZ will be surrendered to the custody of the Immigration and Customs Enforcement for removal proceedings.
According to court documents, on or about December 23, 2016, FRANCIS RAMIREZ-VASQUEZ was found in the United States after having been officially deported and removed on or about December 28, 2010.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.