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Newest first across public DOJ and U.S. Attorney press releases.
Monday 1 May 2017
Import Merchandising Concepts L.P. and Two Individuals Agree to Pay $275,000 to Settle False Claims Act Liability for Evading Customs DutiesRead the Press Release
The Department of Justice announced today that Import Merchandising Concepts L.P. (IMC) and two individuals, Glen Michaels and Alan Lewis, have agreed to pay $275,000 to resolve allegations that the company improperly evaded customs duties on imports of wooden bedroom furniture from the People’s Republic of China (PRC), in violation of the False Claims Act. IMC imports, among other things, bedroom furniture that is sold for use in university student housing. The company is headquartered in Addington, Texas. Glen Michaels is an IMC executive, and Alan Lewis was an IMC agent.
“Those who import and sell foreign-made goods in the United States must comply with the law, including laws intended to protect domestic companies and American workers from unfair foreign competition,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “This settlement reflects the Department of Justice’s commitment to pursue those who seek to evade import duties owed on goods manufactured abroad thereby gaining an unfair advantage in U.S. markets.”
The settlement announced today resolves allegations that IMC, led by Glen Michaels and Alan Lewis, evaded antidumping duties on wooden bedroom furniture imported from the PRC between 2009 and 2014, by misclassifying the furniture as non-bedroom furniture on its official import documents. Antidumping duties protect against foreign companies “dumping” products on the U.S. market at prices below cost. The U.S. Department of Commerce assesses and U.S. Customs and Border Protection (CBP) collects these duties to protect U.S. businesses and level the playing field for domestic products. At the time of the imports alleged in this case, wooden bedroom furniture from the PRC was subject to a 216 percent antidumping duty; non-bedroom furniture was not subject to any antidumping duties.
The investigation was handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the Western District of Texas and CBP.
The claims resolved by this settlement are allegations only; there has been no determination of liability.
Huntington man pleads guilty to federal heroin conspiracyRead the Press Release
HUNTINGTON, W.Va. – A Huntington man involved with others in distributing heroin in 2016 pleaded guilty today to a federal drug charge, announced United States Attorney Carol Casto. Philip Reed Starkey, 48, entered his guilty plea to conspiracy to distribute heroin.
From the summer of 2016 to September of 2016, Starkey participated with Tonya Lynn Thompson and others in a conspiracy to distribute heroin in the Huntington area. During this time period, Starkey and Thompson received heroin on consignment. Starkey and Thompson would then distribute the drugs and return the proceeds back to the heroin source.
On September 5, 2016, a deputy with the Cabell County Sheriff’s Department seized $6,407 in cash from Starkey and Thompson during a traffic stop on U.S. Route 60 in Huntington after agents received information they would be delivering the money that day. Starkey and Thompson admitted that the money was proceeds from drug trafficking and that they were delivering the cash back to the heroin source. Starkey further admitted that he and Thompson were responsible for distributing up to 400 grams of heroin during the conspiracy.
Starkey faces up to 20 years in federal prison when he is sentenced on August 7, 2017. Thompson previously pleaded guilty to conspiracy to distribute heroin and faces up to 20 years in federal prison when she is sentenced, also on August 7, 2017.
The Huntington FBI Drug Task Force and the Cabell County Sheriff’s Department conducted the investigation. Assistant United States Attorney Joseph F. Adams is handling the prosecution. The plea hearing was held before Chief United States District Judge Robert C. Chambers.
This prosecution is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Highlands County Residents Sentenced to Prison for Tax Refund Fraud ConspiracyRead the Press Release
On April 27, 2017, Charlton Tierry Blain, 30, and Clifford Raoul Blain, 29, both of Highlands County, Florida, were sentenced to federal prison for participating in a conspiracy to defraud the Treasury Department through the filing of fraudulent federal income tax returns; conspiracy to commit access device fraud; and unlawful transfer, possession or use of a means of identification.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and Kelly R. Jackson, Special Agent in Charge, Internal Revenue Service, Criminal Investigation (IRS-CI), made the announcement.
According to the court record, between January of 2012 and December of 2013, defendants Charlton and Clifford Blain conspired to unjustly enrich themselves by using unlawfully obtained personally identifiable information to file false and fraudulent income tax returns. The fraudulently obtained tax refunds were then deposited into bank accounts controlled by the defendants, and the illicit proceeds were withdrawn from those accounts. In total, 679 fraudulent tax returns were filed, claiming $986,978.00 in total refunds. Based upon these fraudulent filings, the IRS issued approximately $560,000 in refunds.
United States District Judge Donald M. Middlebrooks sentenced the defendants. Clifford R. Blain was sentenced to sixty months’ imprisonment, to be followed by three years of supervised release, and was ordered to pay $124,712 in restitution. Charlton T. Blain was sentenced to forty-eight months’ imprisonment, to be followed by three years of supervised release, and was ordered to pay $520,094 restitution.
Mr. Greenberg commended the investigative efforts of the IRS-CI. The case was prosecuted by Assistant U.S. Attorneys Daniel E. Funk and Adam C. McMichael.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Haverhill, Massachusetts Man Charged with Making and Distributing Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Michael McCann, 30, of Haverhill, Massachusetts and formerly of Ilion, New York, was charged in Federal Court in Syracuse with one count of Sexual Exploitation of a Minor, a federal felony offense, announced United States Attorney Richard S. Hartunian, Federal Bureau of Investigation (FBI) Special Agent in Charge Vadim Thomas of the FBI Albany Field Office, and New York State Police Superintendent George P. Beach, II.
McCann was arrested on Monday April 24, 2017 in Haverhill, Massachusetts and made his initial appearance in Federal Court in Boston, Massachusetts the following day. He was remanded to custody without bail, pending his appearance in the Northern District of New York at a date yet to be determined. The filed criminal complaint alleges on April 16, 2017 in Herkimer County, New York, the defendant took photos of a child less than five years of age engaging in sexually explicit conduct with him, for the purpose of distribution. The criminal complaint also alleges that the defendant sent these images via the internet to an undercover FBI Task Force Officer in Little Rock, Arkansas on April 18, 2017.
The charge filed against Michael McCann carries a minimum sentence of 15 years and a maximum sentence of 30 years in prison, a fine of up to $250,000, and a term of supervised release of at least five years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charge in the complaint is merely an accusation. The defendant is presumed innocent until proven guilty.
Anyone whose children may have had contact with McCann is asked to contact the New York State Police BCI in Herkimer, NY at (315) 866-7275 or the FBI Lowell MA Resident Agency at (978) 454-6972. All information will be kept confidential.
This case is being investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, a federal task force that investigates cases involving the sexual exploitation of children. The task force consists of FBI Agents and New York State Police Investigators. This investigation was conducted with the assistance of the FBI Little Rock, Arkansas Field Office, the FBI Lowell, Massachusetts Resident Agency, the Herkimer County District Attorney’s Office, the Herkimer County Child Advocacy Center, Herkimer County Child Protective Services, the Village of Ilion, NY Police Department and the Haverhill, Massachusetts Police Department and is being prosecuted by Assistant U.S. Attorneys Lisa Fletcher and Carina Schoenberger.
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.
Hartford Man Sentenced to 12 Years in Prison for Distributing Heroin, Shooting IncidentsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on April 28, 2017, GABRIEL RODRIGUEZ, 29, of Hartford, was sentenced by U.S. District Judge Jeffrey Alker Meyer in New Haven to 144 months of imprisonment, followed by three years of supervised release, for distributing heroin and committing violent robberies.
According to court documents and statements made in court, on January 31, 2016, Hartford Police officers encountered RODRIGUEZ after he was involved in a motor vehicle accident at the intersection of Main Street and Albany Avenue. RODRIGUEZ was arrested after a search of his vehicle revealed approximately 1,300 dose bags of heroin and a .40 caliber pistol.
Subsequent forensic testing of the seized firearm connected it to shell casings that were found after shooting incidents on Park Street in Hartford on January 17, 2016, and on Whitmore Street in Hartford on October 22, 2015.
In relation to the October 22 incident, a shooting victim explained that he was parked in his car on Whitmore Street and had been talking to a mechanic about performing repairs on his vehicle. After the mechanic walked from the victim’s car, an assailant, who was subsequently identified as RODRIGUEZ, approached the driver’s side of the car and demanded money. When the victim did not comply, RODRIGUEZ shot him in the thigh and then took approximately $300 from the victim.
The Park Street shooting on January 17, 2016, also involved a victim who was shot in the leg and the theft of approximately $300.
RODRIGUEZ has been detained since his arrest on January 31, 2016. On December 19, 2016, he pleaded guilty to one count of possession with intent to distribute heroin, and one count of interference with commerce by robbery, threats and violence
RODRIGUEZ’s criminal history includes multiple felony convictions.
This matter was investigated by the Hartford Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance of the Connecticut State Crime Laboratory in utilizing the National Integrated Ballistic Information Network (NIBIN) to analyze ballistics evidence.
The case was prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
Georgina J. Camacho Sentenced to Prison for Financial Institution FraudRead the Press Release
Today, SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant GEORGINA J. CAMACHO, age 30, was sentenced in District Court to a 12-month term of imprisonment, to be followed by four years of supervised release. She was also ordered to pay a mandatory $200 assessment fee, restitution in the amount of $26,237.43 and 50 hours of community service.
On June 20, 2016, Defendant CAMACHO waived Indictment and entered a plea of guilty to an Information charging her with two counts of Financial Institution Fraud, in violation of 18 U.S.C. § 1344. The investigation revealed that CAMACHO defrauded Navy Federal Credit Union (NFCU), the Navy Exchange Services Command (NEX), and the Army and Air Force and Exchange Services (AAFES) by writing checks drawn from her NFCU account which had insufficient funds and was closed. From May 27, 2015 to June 6, 2015, CAMACHO wrote 39 checks, made them payable to and negotiated them at the NEX and AAFES, in order to obtain merchandise from them. The NEX and AAFES incurred losses of $16,537.98 and $9,699.45, respectively.
The case was investigated by agents of the U.S. Naval Criminal Investigative Service, and the 36th Security Forces Squadron, Andersen Air Force Base. The case was prosecuted by Marivic P. David, Assistant United States Attorney for the District of Guam.
Former Police Officer, FOP President Pleads Guilty to FraudRead the Press Release
PROVIDENCE – Christopher Hayes, 49, of Middletown, R.I., a former Newport, R.I., Police Department Sergeant and former President of the Fraternal Order of Police (FOP), Newport Lodge No. 8, today pleaded guilty in federal in Providence to an information charging him with wire fraud.
Appearing before U.S. District Court Chief Judge William E. Smith, Hayes admitted to the court that between August 2009 and December 2014, he used an FOP debit card to pay for his own personal expenses; wrote checks payable to himself from the FOP bank account; withdrew cash from the FOP bank account for personal use; and made online payments to his personal credit card from the FOP bank account.
An investigation by the United States Attorney’s Office, U.S. Department of Labor – Office of Inspector General and Office of Labor Management Standards, and the Rhode Island State Police determined that Hayes fraudulently converted approximately $71,523 in FOP funds for his own personal use.
Christopher Hayes is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on July 21, 2017.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
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Former Boston Police Officer Charged in Connection with Straw Purchases of FirearmsRead the Press Release
BOSTON – A former Boston Police Officer was arrested today and charged in connection with illegally purchasing two firearms on behalf of acquaintances.
Adarbaad Karani, 37, of West Roxbury, was charged in an indictment unsealed today with two counts of making false statement during the purchase of firearms and two counts of making a false statement in a record. Karani was released on conditions following an initial appearance before U.S. District Court Magistrate Judge Judith G. Dein. In November 2016, Karani resigned from the Boston Police Department.
According to the Indictment, in November 2014 and September 2015, Karani acted as the “straw purchaser” of two firearms, a Glock, model 27, .40 caliber pistol and a Glock, model 30S, .45 caliber pistol, by purchasing them on behalf of acquaintances while falsely claiming the guns were for his official police use and not for resale. One of the weapons, however, was found in possession of Desmond Crawford, an alleged member of the Columbia Point Dawgs, at the time of his arrest in November 2015. Karani allegedly used his police identification to acquire the weapons, which may not be purchased by civilians, and certified on federal forms that the guns were for official police use. Straw purchases interfere with firearm regulation and recordkeeping, and federal law makes it a crime to knowingly make false statements to a firearms dealer in connection with the sale of a firearm.
The charging statutes each provide for a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William Weinreb; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Boston Police Commissioner William B. Evans, made the announcement today. Assistant U.S. Attorney Eugenia M. Carris of Weinreb’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
The details contained in the Indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Florida Man Sentenced to Prison for Engaging in a Child Exploitation EnterpriseRead the Press Release
The creator and lead administrator of Playpen, a highly sophisticated website dedicated to the sexual abuse of children which operated on the Tor anonymity network, was sentenced today for his role in this global child exploitation enterprise.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina; Assistant Director Stephen Richardson of the FBI’s Criminal Investigative Division; Special Agent in Charge John A. Strong of the FBI’s Charlotte, North Carolina, Division; Special Agent in Charge Harold H. Shaw of the FBI’s Boston Division; and Former Special Agent in Charge Paul Wysopal of the FBI’s Tampa, Florida, Division made the announcement.
Steven W. Chase, 58, of Naples, Florida, was sentenced to 30 years in prison, along with a lifetime term of supervised release, and was ordered to forfeit his residence in Naples by U.S. District Judge Richard L. Voorhees of the Western District of North Carolina. On Sept. 16, 2016, a federal jury found Chase guilty of one count of engaging in a child exploitation enterprise, one count of advertising child pornography, three counts of transportation of child pornography and one count of possession of child pornography. The jury also returned a special verdict determining that Chase should be ordered to forfeit all property derived from, involved in, or traceable to his criminal activities, to include his Naples residence.
“Child predators use online forums on anonymous networks to abuse and exploit children, preying on the inexperienced and vulnerable in society. This pervasive and global problem demands an aggressive, technology-driven response,” said Acting Assistant Attorney General Blanco. “The sentencing of the creator of the Playpen forum – along with the identification, apprehension and prosecution of forum members around the country – sends a message that online predators will be caught and prosecuted. While identifying and apprehending these criminals can be challenging, it is not impossible, and together with our domestic and foreign partners we will use every legal authority and technical tool we have to root out these predators and protect children from harm.”
“Chase was the mastermind and gatekeeper of Playpen, a hidden, members-only Internet platform and a safe-haven for those looking to view and trade child pornography without detection. The depiction of the horrendous sexual exploitation of innocent and vulnerable children is a crime my office takes very seriously,” said U.S. Attorney Westmoreland Rose. “Today’s sentence delivers a clear message that the dark web is not a safe place for those looking to possess, receive and share child pornography: this type of criminal activity will land you in jail for a long time.”
“The abuse of an innocent child is among the most unconscionable offenses,” said Assistant Director Richardson. “When multiple people conspire to develop and promote a malicious website to sexually assault and exploit children, the FBI furthers its resolve to find these perpetrators. As I have said before and as today’s sentencing proves, the FBI will stop at nothing to deliver justice for these innocent victims. We owe a debt of gratitude to the men and women of the FBI and our international partners for their dedication and hard work on this case.”
Evidence at trial established that beginning in August 2014, Chase created the Playpen website as a Tor hidden service, which only permitted individuals operating on the Tor anonymity network to access the site. Evidence at trial further established that Chase served as lead administrator of Playpen, through which he and more than 150,000 other members authored and viewed tens of thousands of postings involving the sexual abuse of children. Images and videos shared through the website were highly categorized towards victim age and gender, as well as the type of sexual activity, according to trial evidence. Testimony at trial also established that in addition to use of the Tor anonymity network, website members employed other advanced technological means in order to thwart law enforcement’s efforts, including elaborate file encryption.
As lead administrator of the website, trial evidence demonstrated that Chase: chose the name of the website; selected and made payments to the website hosting company; regularly updated the website with new features and security fixes; promoted several members of the website to Administrator and Moderator status to assist with the administration of the criminal enterprise; and spent hundreds of hours logged in to the website – personally authoring hundreds of postings.
Chase was arrested following a court-authorized search of his home on Feb. 19, 2015. Forensic examination of a computer and devices seized pursuant to the search revealed that he was in possession of thousands of images depicting the sexual abuse of children as young as infants and toddlers.
Chase’s co-defendants Michael Fluckiger, 46, of Portland, Indiana, and David Lynn Browning, 47, of Wooton, Kentucky, the co-administrator and global moderator of the website, respectively, pleaded guilty in December 2015 to engaging in a child exploitation enterprise for their roles in helping Chase run the website. On Jan. 12, 2017, Fluckiger was sentenced to 240 months in prison for engaging in a child exploitation enterprise, along with lifetime supervised release. On Feb. 7, 2017, Browning was sentenced to 240 months in prison for engaging in a child exploitation enterprise, along with a lifetime term of supervised release.
Following Chase’s arrest, the FBI obtained approval from a federal court to deploy a Network Investigative Technique (NIT) to pierce through the anonymity provided by the Tor network and obtain IP address and other basic, computer-related information to help locate and identify the users of the website Chase created. The FBI subsequently issued investigative leads to offices in every U.S. State. As a result of the ongoing investigation, at least 350 U.S.-based individuals have been arrested, 25 producers of child pornography have been prosecuted, 51 alleged hands-on abusers have been prosecuted and 55 American children who were subjected to sexual abuse have been successfully identified or rescued.
International lead information was coordinated through EUROPOL’s European Cybercrime Center (EC3), who received and disseminated information through its network of member states, and the FBI Legal Attaché network. The ongoing international investigation has yielded at least 520 arrests and the successful identification and rescue of at least 186 children who were subjected to sexual abuse.
The FBI’s Violent Crimes Against Children Section, Major Case Coordination Unit and Digital Analysis and Research Center investigated the case with assistance from the FBI’s Charlotte, Tampa and Boston Field Offices. Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Cortney Randall of the Western District of North Carolina prosecuted 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.
Farmington Man Sentenced to Prison for Violating Federal Drug Trafficking and Firearms LawsRead the Press Release
ALBUQUERQUE – David Kingsbeck 43, of Farmington, N.M., was sentenced today in federal court in Albuquerque, N.M., to 37 months in prison for his conviction on drug trafficking and firearms charges. He will be on supervised release for threeyears after completing his prison sentence.
Kingsbeck was arrested on March 4, 2016, on a criminal complaint charging him with trafficking methamphetamine in San Juan County, N.M. According to the complaint, Kingsbeck sold approximately 57 grams of methamphetamine to an undercover law enforcement agent on Feb. 16, 2016.
Kingsbeck and co-defendant Rupesh Bhakta, 38, also of Farmington, were subsequently indicted on March 23, 2016. Kingsbeck was charged individually with being a felon in possession of a firearm on July 1, 2015 and Dec. 30, 2015, and distributing heroin on Dec. 30, 2015. Bhakta and Kingsbeck were charged jointly with conspiracy and distribution of methamphetamine on Feb. 16, 2016. According to the indictment, the two men committed the crimes in San Juan County. Kingsbeck was prohibited from possessing firearms and ammunition because of his prior felony convictions for criminal conspiracy, theft and escape.
On Dec. 19, 2016, Kingsbeck pled guilty to distributing heroin and being a felon in possession of a firearm and ammunition. In entering the guilty plea Kingsbeck admitted that on Dec. 29, 2015, he sold approximately 12.8 grams of heroin and a firearm and ammunition to an undercover law enforcement agent. Kingsbeck further admitted that he was prohibited from possessing firearms or ammunition on Dec. 29, 2015, because of his prior felony convictions.
On Dec. 8, 2016, Bhakta pled guilty to an information charging him with distribution of methamphetamine. In entering the guilty plea, Bhakta admitted that on Feb. 16, 2016, he distributed methamphetamine to an undercover law enforcement agent. Under the terms of his plea agreement, Bhakta will be sentenced within the range of 24 to 60 months in federal prison. A sentencing hearing is currently scheduled for May 11, 2017.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Rumaldo R. Armijo is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Detroit man sentenced to federal prison for heroin chargeRead the Press Release
HUNTINGTON, W.Va. – A Detroit man involved in heroin trafficking in 2015 and 2016 in the Huntington area was sentenced today to two years and three months in federal prison, announced United States Attorney Carol Casto. Jimmy Cheatham, also known as “Shoe,” 24, previously pleaded guilty to possession with intent to distribute heroin.
On August 16, 2016, Cheatham was arrested on an active federal warrant for conspiracy to distribute heroin. In a search incident to arrest, agents with the Huntington FBI Drug Task Force located approximately six grams of heroin concealed on his person. Agents also located approximately $1,800 in cash, which represented the proceeds from heroin sales. The arrest stemmed from an investigation of Cheatham and others which began in 2015.
Cheatham admitted that on August 5, 2015, he sold over 16 grams of heroin to a confidential informant working for the Task Force. The drug deal took place at 1826 Old 16th Street Road, where the informant exchanged $2,000 for the heroin. In a July 9, 2015, search of 126 Olive Street in Huntington, Task Force agents located Cheatham and two of his co-conspirators inside the residence. Agents recovered $6,314 in cash, along with an AR-15 style firearm concealed in the attic.
The Huntington FBI Drug Task Force conducted the investigation. Assistant United States Attorney Joseph F. Adams handled the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This case is part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Des Moines County Man Pleads Guilty to Felon in Possession of a Firearm ChargeRead the Press Release
DAVENPORT, IA – On May 1, 2017, Daniel James Lusk, age 26, from Batavia, Iowa, pleaded guilty to a charge of felon in possession of a firearm, announced United States Attorney Kevin E. VanderSchel. This charge carries a maximum penalty of not more than ten years in prison, up to a $250,000 fine, a term of supervised release of up to three years, and a $100 assessment to the Crime Victims’ Fund. Sentencing is scheduled for September 21, 2017, before Chief United States District Court Judge John A. Jarvey.
On October 24, 2016, Lusk was found hiding under a pool table in a Des Moines County residence; he was in possession of a .380 caliber pistol and a .44 magnum revolver. Law enforcement officers placed Lusk into custody. Lusk had a prior 2010 state felony conviction for burglary.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Burlington Police Department, and the Des Moines County Sheriff’s Office. The case is being prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at [email protected].
Deere Abandons Proposed Acquisition of Precision Planting from MonsantoRead the Press Release
The Department of Justice announced today that Deere & Company and the Monsanto Company terminated Deere’s attempt to purchase Precision Planting LLC from Monsanto. The department filed suit on Aug. 31, 2016, to block the acquisition, alleging that the transaction was a merger-to-monopoly in high-speed precision planting systems, an innovative technology that enables farmers to accurately plant corn, soybeans and other row crops at up to twice the speed of a conventional planter. The case was scheduled for trial in U.S. District Court in Chicago on June 5, 2017.
“The companies’ decision to abandon this transaction is a victory for American farmers and consumers,” said Acting Assistant Attorney General Andrew Finch of the Justice Department’s Antitrust Division. “Had this acquisition gone forward, significant head-to-head competition between Deere and Monsanto’s Precision Planting – competition that has led to lower prices and more innovative products – would have been lost. Agriculture is one of the most important sectors of our economy and the Antitrust Division will remain vigilant to ensure that competition in agriculture markets is not thwarted through illegal transactions.”
The proposed acquisition would have combined the only two significant U.S. providers of high-speed precision planting systems. Planting at higher speeds can be highly valuable to farmers, many of whom have a limited window each year to plant their crops to achieve the highest crop yields. As a result, high-speed precision planting technology is expected to become the industry standard in the coming years.
Deere & Company, a Delaware corporation headquartered in Moline, Illinois, is the largest manufacturer of planting equipment in the United States, including its ExactEmerge high-speed precision planting system.
Precision Planting LLC is a Delaware limited liability company headquartered in Tremont, Illinois. It is a leading innovator in planting equipment, including its SpeedTube high-speed precision planting system. Precision Planting is a subsidiary of Monsanto Company, a Delaware corporation headquartered in St. Louis, Missouri.
Dallas Man Sentenced to 14 Years in Federal Prison for Role in Cocaine Distribution ConspiracyRead the Press Release
DALLAS — Last week, U.S. District Judge Sidney A. Fitzwater sentenced Roger Deundrea Jackson, a/k/a “Boo-Cat” and “Cat,” 40, of Dallas, to 168 months in federal prison, following his guilty plea in November 2015 to two counts of conspiracy to distribute a controlled substance, announced U.S. Attorney John Parker of the Northern District of Texas.
Jackson and twenty additional defendants, mostly from north Texas and Oklahoma, were arrested in May 2015 in a joint operation led by the Dallas Police Department, Dallas County Sheriff’s Office and the Dallas FBI – Violent Gang Safe Streets Task Force.
Of the twenty-one defendants who were indicted, 19 have pleaded guilty and 15 of those have been sentenced. Charges against one defendant were dismissed, and one remains a fugitive.
According to documents filed in the case, on several occasions between January 2013 and May 2015, Jackson possessed with the intent to distribute approximately 188 grams of cocaine and approximately 295 grams of cocaine base in the Dallas area.
The Federal Bureau of Investigation investigated the case.
Assistant U.S. Attorney Phelesa Guy prosecuted.
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Brighton Man Sentenced to Seven Years in Federal Prison for Child Pornography OffensesRead the Press Release
BOSTON – A Brighton man was sentenced Thursday, April 27, 2017, in federal court in Boston for possession and receipt of child pornography.
Vincent C. Anzalone, 44, was sentenced by U.S. District Court Chief Judge Patti B. Saris to eight years in prison and five years of supervised release. In January 2017, Anzalone pleaded guilty to one count of possession and one count of receipt of child pornography.
In October 2015, federal agents executed a search warrant at Anzalone’s residence and found hundreds of images of child pornography on his computer. Anzalone was arrested and later admitted that he downloaded child pornography from the internet three to four times each week, and that he had been downloading child pornography for five or six years. Anzalone also admitted to touching multiple children in a sexualized manner over a span of approximately 16 years, but stated that he had not done so in the past 10 years.
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. Assistance was also provided by the Boston Police Department. Assistant U.S. Attorney David G. Tobin of Weinreb’s Major Crimes Unit prosecuted the case.
Big Stone Gap Man Indicted on Fraud ChargesRead the Press Release
Abingdon, VIRGINIA – A Big Stone Gap man was indicted last week by a federal grand jury sitting in the United States District Court for the Western District of Virginia in Abingdon on wire and mail fraud charges, Acting United States Attorney Rick A. Mountcastle announced.
Michael Paul Riebe, 30, of Big Stone Gap, Va., was indicted last week on five counts of wire fraud and one count of mail fraud.
According to the indictment, Riebe's company purchased property located at 18182 U.S. Highway 58 in Castlewood, Virginia, in October 2013, for a price of $470,500. Riebe's company used that property as a funeral home. In November 2013, Riebe obtained insurance coverage on the property for up to $850,000. In October 2014, that insurance was increased to $1,200,000.
In the early morning hours of October 22, 2014, the Russell County Sheriff’s Office received a report that the funeral home located at 18182 U.S. Highway 58 in Castlewood was on fire.
The indictment alleges that Riebe made, via electronic and mail submissions, claims for reimbursement from his insurance provider for personal and business losses as a result of the fire for items that were not actually destroyed in the fire.
The investigation of the case was conducted by the Russell County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Russell County Commonwealth’s Attorney and Special Assistant United States Attorney Brian Patton will prosecute the case for the United States.
A Grand Jury Indictment 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.
Anchorage Man Sentenced to 110 Months in Prison after Jury Convicts Him for Being a Felon in Possesion of a FirearmRead the Press Release
Fairbanks, Alaska – Acting U.S. Attorney Bryan Schroder announced that, on Friday, April 28, 2017, Bobby Dewayne Thompson, II, 43, of Anchorage, was sentenced by U.S. Senior District Judge Ralph R. Beistline to 110 months in prison, followed by three years of supervised release, for being a felon in possession of a firearm.
On Feb. 7, 2017, following a federal trial in Fairbanks, a jury found Thompson guilty of being a felon in possession of a firearm. Thompson has an extensive criminal history including three prior felonies and possessed this firearm in furtherance of a drug trafficking offense.
According to court documents, on March 22, 2016, Thompson was riding as a passenger in a vehicle which was stopped by Alaska State Troopers (AST) in Fairbanks. Thompson gave several false names and dates of birth in order to avoid service of his four outstanding arrest warrants. Under his seat was a loaded, stolen, .38 caliber revolver. Despite having no known employment, Thompson was found with $796.00 cash and 3.16 grams of cocaine. A subsequent search of his phone uncovered further evidence of drug trafficking including receiving a text message with a bank account number from Taming Ting – a drug trafficker who was subsequently indicted federally for trafficking methamphetamine. The entire circumstances of this case show the firearm was not just illegally possessed by Thompson, but was possessed in order to further the distribution of narcotics while in Fairbanks.
As detailed in the sentencing hearing, Thompson has an extensive criminal history dating back 25 years including: 8 assaults, 3 failure to appears, 4 driving while license suspended, 1 misdemeanor drug offense, 1 federal drug offense (sentenced to 10 years in prison), an escape from custody, and 17 petitions to revoke probation.
At the sentencing hearing, Judge Beistline noted the evidence showed the gun was possessed in furtherance of drug activity and the sentence was necessary to protect the public.
Acting U.S. Attorney Schroder commended the AST and the Bureau of Alcohol, Tobacco, and Firearms (ATF) for the investigation leading to the successful prosecution of this case.
Anchorage Man Sentenced to 10 Years for Methamphetamine Importation ConspiracyRead the Press Release
Anchorage, Alaska – Acting U.S. Attorney Bryan Schroder announced that an Anchorage man has been sentenced in federal court for conspiring to import methamphetamine from California to Alaska. Today, U.S. District Judge Sharon L. Gleason sentenced Alfa Souvandara, 42, of Anchorage, to serve 10 years in prison, following his guilty plea on Feb. 16, 2017.
According to Assistant U.S. Attorney Jonas Walker, Souvandara was the Anchorage connection for a co-conspirator who sent methamphetamine from California in September 2015. Employees of the shipping company noticed the package due to several suspicious characteristics, opened it, found the methamphetamine, and reported it to law enforcement. Later, during the execution of a search warrant, law enforcement found a loaded gun, drug paraphernalia, and cash in Souvandara’s home. Based on data from the United States Sentencing Guideline Commission, the government estimates that the package contained enough methamphetamine for approximately 352,000 typical illegal doses.
At sentencing, Judge Gleason referred to methamphetamine as a “horribly dangerous poison” that Congress has criminalized to protect the public. The co-conspirator’s sentencing is expected to occur later this year.
The Drug Enforcement Administration and the Alaska Department of Public Safety conducted the investigation leading to the successful prosecution of this case.
Albuquerque Man Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Benjamin Marquez, 42, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge. Marquez’s plea agreement includes a recommendation of 60 months of imprisonment followed by a period of supervised release to be determined by the court.
Marquez and his co-defendant Richard Lucero, 37, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Marquez and Lucero were arrested in Aug. 2016, on a five-count indictment alleging drug trafficking offenses. Marquez was charged individually with distribution of heroin on May 5, 2016, and Marquez and Lucero were charged with conspiring to distribute methamphetamine from May 6, 2016 through June 1, 2016, and distribution of methamphetamine on May 6, 2016, May 18, 2016, and June 1, 2016. According to the indictment, the offenses took place in Bernalillo County.
During today’s proceedings, Marquez pled guilty to distributing methamphetamine, and admitted that on June 1, 2016, he sold approximately 60 grams of methamphetamine to an undercover law enforcement agent. Marquez remains in custody pending a sentencing hearing, which has yet to be scheduled.
To date, 45 of the 104 defendants including Lucero have entered guilty pleas, and 18 have been sentenced. The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These cases were investigated by the Albuquerque office of ATF. This case was prosecuted by Assistant U.S. Attorney Eva Fontanez.
Saturday 29 April 2017
United States Attorney’s Office to Host Weekly Office Hours in Pine RidgeRead the Press Release
The United States Attorney’s Office, District of South Dakota, has announced it will staff an office one day each week in Pine Ridge, South Dakota. This initiative began on April 12, 2017, following an announcement made by U.S. Attorney Randy Seiler.
Referred to as "Walk-In Wednesday", a representative of the U.S. Attorney’s office will be on-site at Pine Ridge each Wednesday between the hours of 9:00 A.M. to 3:00 P.M. The U.S. Attorney decided to start this initiative to allow citizens to more easily communicate with the office concerning crime on the reservation, inquiries about existing cases, or to obtain any information which might be sought by the citizenry.
The office is located within the Bureau of Indian Affairs office, inside the Justice Center for the People in Pine Ridge, located at 1001 Horse Thief Road.
Anyone interested in visiting with a representative of the U.S. Attorney’s Office is encouraged to stop by the office. Appointments are welcome but not necessary. To schedule a meeting, please call the satellite office at 605.867.2931, or the U.S. Attorney’s Rapid City office at 605.342.7822.
South Antelope Woman Sentenced for Assault with a Dangerous WeaponRead the Press Release
United States Attorney Randolph J. Seiler announced that a South Antelope, South Dakota, woman convicted of Assault With a Dangerous Weapon was sentenced on April 18, 2017, by U.S. District Judge Roberto A. Lange.
Aprielle Marie Poitra, age 21, was sentenced to 16 months in prison, followed by 1 year of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Poitra was indicted by a federal grand jury on April 13, 2016. She pled guilty on February 28, 2017.
On the evening of March 18, 2016, Poitra stabbed her boyfriend in the arm with a knife during an argument at their home.
This case was investigated by the Rosebud Sioux Tribe Law Enforcement Services and the Federal Bureau of Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Poitra was immediately turned over to the custody of the U.S. Marshals Service.
Sioux Falls Man Sentenced for Tampering with a WitnessRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Tampering with a Witness was sentenced on April 25, 2017, by U.S. District Judge Roberto A. Lange.
Diego Lara, age 25, was sentenced to 5 years in custody, followed by 2 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Lara was indicted by a federal grand jury on November 9, 2016. He pled guilty on February 14, 2017.
The conviction stems from an incident on September 13, 2016, when Lara knowingly attempted to corruptly persuade someone to lie to a Federal Grand Jury regarding an ongoing investigation into a murder.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Lara was immediately turned over to the custody of the U.S. Marshals Service.
Pine Ridge Woman Charged with Assault on a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, woman has been indicted by a federal grand jury for Assault on a Federal Officer.
Tierra Lee Swift Bird, age 21, was indicted on March 21, 2017. Swift Bird appeared before U.S. Magistrate Judge Daneta Wollmann on April 21, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 8 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Swift Bird assaulting a law enforcement officer with the Oglala Sioux Tribe Department of Public Safety while he was engaged in his official duties on October 15, 2016, at Pine Ridge.
The charge is merely an accusation and Swift Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Megan Poppen is prosecuting the case.
Swift Bird was released on bond pending trial. A trial date has been set for June 27, 2017.
Pine Ridge Man Indicted for Assault and BurglaryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and First Degree Burglary.
Jalen Walking Eagle, age 21, was indicted on April 18, 2017. Walking Eagle appeared before U.S. Magistrate Judge Daneta Wollmann on April 21, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is 25 years’ custody and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Walking Eagle unlawfully entering an occupied structure on February 12, 2017, and assaulting a male with shod feet. This assault resulted in serious bodily injury to the other male. Walking Eagle then stole personal property items before leaving the scene.
The charges are merely accusations and Walking Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Oglala Sioux Tribe Department of Public Safety. U.S. Attorney Megan Poppen is prosecuting the case.
Walking Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 27, 2017.
National Reentry Week 2017Read the Press Release
The Department of Justice designated the week of April 23-30, 2017, as National Reentry Week. National Reentry Week, which held its inaugural event in 2016, is a week designed to highlight the advocacy for formerly incarcerated individuals as they successfully return to and contribute to their communities.
National Reentry Week also seeks to promote a reduction in recidivism through the elimination of barriers to successful reentry as formerly incarcerated individuals compete for jobs, attain stable housing, and seek support for their families.
Leading up to National Reentry Week, the U.S. Attorney’s Office for the District of South Dakota participated in a Reentry Task Force meeting on April 11, 2017, in Rapid City. The Reentry Task Force is made up of local partners who gather to share and discover innovative methods to address the challenges and gaps in service that can impact the success of formerly incarcerated individuals.
Referencing the Federal Bureau of Prisons webpage, in 2016 alone, there were 396 former federal prisoners released back to their South Dakota community after spending time in federal custody. Statistically, 20% of all those released will return to prison within three years of their initial release. Given that, much work still needs to be done.
In addition, you can read about other reentry programs on the U.S. Attorney’s District of South Dakota webpage at https://www.justice.gov/usao-sd.
Mission Men and Mission Woman Charged with Multiple Firearms CountsRead the Press Release
United States Attorney Randolph J. Seiler announced that four men and one woman from Mission, South Dakota, have been indicted by a federal grand jury for Possession of Unregistered Firearm, Possession of a Firearm by a Prohibited Person, and Possession of a Stolen Firearm.
Keith Bordeaux, age 19, Stephanie Bear Heels, age 30, and Kevin Bordeaux, age 18, appeared before U.S. Magistrate Judge Mark A. Moreno on April 10, 2017, and pled not guilty to the Indictment.
Dakota Marshall, a/k/a Dakota Marshall, Sr., age 21, appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 2017, and pled not guilty to the Indictment.
Angelito Moran, a/k/a Angel Moran, age 20, appeared before U.S. Magistrate Judge Mark A. Moreno on April 21, 2017, and pled not guilty to the Indictment. All five of them were indicted on March 15, 2017.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $400 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on November 11, 2016, Keith Bordeaux and Marshall knowingly received and possessed a Weatherby, model PA-08, 20-gauge shotgun which was less than 18 inches in length. Said shotgun was not registered to them. Bordeaux and Marshall are both prohibited from owning any kind of firearms.
The Indictment also alleges that Keith and Kevin Bordeaux, along with Moran, and Bear Heels, knowingly possessed, received, concealed, stored, bartered, sold, and disposed of stolen firearms and aided and abetted in the commission of the offense. Moran and Bear Heels are also prohibited from owning any kind of firearms.
The charges are merely accusations and all defendants are presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
All Defendants were remanded to the custody of the U.S. Marshals Service pending trial, which has been set for June 27, 2017.
Mission Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 19, 2017, by U.S. District Judge Roberto A. Lange.
Tyrell Thin Elk, age 35, was sentenced to 21 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Thin Elk was indicted by a federal grand jury on October 12, 2016. He pled guilty on March 8, 2017.
The conviction stems from Thin Elk failing to register as a sex offender as required by federal law in August of 2016. Thin Elk had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender for the rest of his life.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
Thin Elk was immediately turned over to the custody of the U.S. Marshals Service.
Mission Man Found Not Guilty of Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man was acquitted of Assaulting, Opposing, Resisting, and Impeding a Federal Officer as a result of a federal jury trial in Pierre, South Dakota. The trial began April 18, 2017, and concluded on April 19, 2017.
Donovan Siers, a/k/a Donovan Fast Dog, age 52, was indicted by a federal grand jury on September 13, 2016.
The charge stemmed from an alleged incident that occurred in July 2016.
The investigation was conducted by the Rosebud Sioux Tribe Law Enforcement Services. The U.S. Attorney’s Office prosecuted the case.
Mission Man Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Richard Peneaux, age 23, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about March 23, 2017, Peneaux forcibly assaulted a Rosebud Sioux Tribe law enforcement officer with a dangerous weapon.
The charge is merely an accusation and Peneaux is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Peneaux was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
McLaughlin Man Charged with Aggravated Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a McLaughlin, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse.
Frankie Marshall, age 27, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on April 13, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, up to life of supervised release, $100 to the Federal Crime Victims Fund, and a $5,000 assessment to the domestic trafficking victims’ fund, unless the sentencing court finds the defendant to be indigent. Restitution may also be ordered.
The Indictment alleges that on March 29, 2017, Marshall knowingly caused and attempted to cause a female victim to engage in sexual act, by the use of force.
The charge is merely an accusation and Marshall is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Standing Rock Agency. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Marshall was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Individual Arrested for Threatening to Bomb El CapitolioRead the Press Release
SAN JUAN, Puerto Rico– Today, United States Magistrate Judge Sivlia Carreño-Coll authorized a criminal complaint against Ivan Zayd Guillama-Rosario, charging him for threatening to damage or destroy a building, to wit the Capitolio, by means of use of an explosive, in violation of Title 18, United States Code, Section 844(e), announced United States Attorney Rosa Emilia Rodríguez-Vélez. The FBI is in charge of the investigation.
According to the information contained in the complaint, the bomb threat was posted on April 28, 2017 on Facebook. The name on the account from which the threat was posted is “Ivan Zayd Guillama Rosario.” The post contained the following text: “¡VAMOS A BOMBARDEAR EL CAPITOLIO Y QUE EN PAZ DESCANSEN NUESTRAS CONCIENCIAS!” Translated from the Spanish language to the English language, the post states: “We are going to bomb the Capitol, and may our consciences rest in peace.”
On April 28, 2017, law enforcement officers located the defendant at his place of employment. Guillama-Rosario confirmed that he is the owner of the Facebook account Ivan Zayd Guillama Rosario and that he posted “!VAMOS A BOMBARDEAR EL CAPITOLIO Y QUE EN PAZ DESCANSEN NUESTRAS CONCIENCAS!” on Facebook on the same day.
“There is a fine line between free speech and incitement to violence. When that line is crossed, speech is no longer protected because it becomes criminal conduct,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico. “Federal authorities and local law enforcement will closely monitor the protests that will be held on Monday, May 1st. Although we believe that a large majority of the protesters will abide by the law, we will prosecute those who use social media and peaceful demonstrations to threaten, promote violence or incite violent acts.”
Assistant United States Attorney Alexander Alum is in charge of the prosecution of the case. If convicted, Guillama-Rosario faces a maximum term of imprisonment of 10 years, a term of supervised release of up to three years, and a fine of up to $250,000.
Ft. Thompson Man Sentenced to 180 Months for Conspiracy to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Ft. Thompson, South Dakota, man convicted of Conspiracy to Distribute a Controlled Substance was sentenced on February 27, 2017, by U.S. District Judge Roberto A. Lange.
Merle Seeking Land, age 38, was sentenced to 180 months in custody, followed by 10 years of supervised release, a $1,000 fine, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Seeking Land was initially indicted by a federal grand jury on July 21, 2015, and pled guilty on November 28, 2016.
Beginning in November 2014, and continuing through July 21, 2015, Seeking Land knowingly and intentionally conspired with others to distribute more than 500 grams of methamphetamine, a Schedule II Controlled Substance, in South Dakota. Seeking Land admitted to receiving distributable quantities of methamphetamine and distributing it to others within South Dakota. The individuals who provided Seeking Land with methamphetamine knew that he intended to engage in further distribution. Seeking Land agreed that his conduct involved between 1.5 kilograms and 5 kilograms of methamphetamine. Because of Seeking Land’s two prior methamphetamine distribution convictions, one in 2005 and one in 2011, he was considered a career offender and his sentence was increased.
This case was investigated by the Federal Bureau of Investigation and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan prosecuted the case.
Seeking Land was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Woman Sentenced for ForgeryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Forgery was sentenced on April 18, 2017, by U.S. District Judge Roberto A. Lange.
Chelsea White Eyes, a/k/a Chelsea Elk Eagle, age 41, was sentenced to time served (144 days) and 2 years of supervised release. She was also ordered to pay restitution in the amount of $3,514, as well as a special assessment to the Federal Crime Victims Fund in the amount of $200.00.
White Eyes was indicted by a federal grand jury on October 12, 2016. She pled guilty on December 6, 2017.
The conviction stems from an incident on May 29, 2016, when White Eyes, along with two other co-Defendants forged 17 checks on the account of the Cheyenne River Management Corporation. White Eyes cashed several of those 17 fraudulent checks.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Eagle Butte Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 24, 2017, by U.S. District Judge Roberto A. Lange.
Charles Moran, age 39, was sentenced to 20 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Moran was indicted by a federal grand jury on November 16, 2016. He pled guilty on December 19, 2016.
The conviction stems from Moran failing to register as a sex offender as required by federal law between August 1, 2016, and August 31, 2016. Moran had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Moran was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Assault and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon, Assault Resulting in Substantial Bodily Injury to an Intimate Partner, and Child Abuse.
Kevin Yellow Earring, age 26, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 19, 2017, Yellow Earring assaulted his intimate partner with a knife, causing substantial injuries. The Indictment also alleges that on January 19, 2017, Yellow Earring abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of 7 years.
The charges are merely accusations and Yellow Earring is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Yellow Earring was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Kevin Yellow Earring, age 26, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 14, 2014, Yellow Earring assaulted an adult male with a padlock, causing serious injuries.
The charges are merely accusations and Yellow Earring is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Yellow Earring was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Friday 28 April 2017
Woman Sentenced to Prison for Fraudulently Obtaining Veterans Disability BenefitsRead the Press Release
PANAMA CITY, FLORIDA – Veronica Dale Hahn, 60, of Bonifay, Florida, was sentenced yesterday to 9 months in federal prison and ordered to pay $394,800.85 in restitution, after pleading guilty to theft of government funds on the second day of her trial in January. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
During the first two days of trial, the government presented evidence that, between November 2001 and February 2016, Hahn received $394,800.85 from the Department of Veterans Affairs in disability payments for 100% service-connected blindness in both eyes. Over the course of a decade and a half, Hahn told various doctors within the Veterans Health Administration and in private practice that she was almost completely blind. However, within a year of receiving her disability benefits for loss of vision, she obtained driver’s licenses in New Mexico, Alabama, and Florida with no vision restrictions, after passing vision exams in each state with at least 20/40 vision. During this time, Hahn was also observed driving her personal automobile on numerous occasions. Further, she worked full time as a case manager and transition counselor at several state correctional facilities. All of these activities required normal eyesight to perform her duties.
United States Attorney Canova said: “Instead of providing benefits and assistance to worthy veterans who are justifiably in need, significant resources from the Department of Veteran’s Affairs were diverted to uncover an extensive and persistent fraud by Ms. Hahn, who repeatedly gave dishonest information and collected hundreds of thousands of dollars to which she was not entitled. This case sends the message that you cannot make false disability claims and just walk away from such a crime.”
Special Agent in Charge Monty Stokes, U.S. Department of Veterans Affairs Office of Inspector General – Southeast Field Office, said that this sentencing was the result of a successful multi-year investigation. “VA Disability Compensation Benefits are intended to provide for veterans with injuries or diseases related to their military service. Because of the successful investigative and prosecutive efforts of the VA OIG and the U.S. Attorney's Office, Veronica Hahn’s greed and deception will not go unchecked.”
The case was investigated by the Department of Veterans Affairs – Office of the Inspector General. It was prosecuted by Assistant United States Attorneys Christopher J. Thielemann and Michael J. Frank.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
Willianson County Man Sentenced for Methamphetamine OffensesRead the Press Release
On April 26, 2017, Otis R. Elion, 48, of Marion, was sentenced to federal prison for methamphetamine offenses, United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today.
Elion, who had previously pled guilty to a three-count indictment charging distribution of methamphetamine, was sentenced to 167 months of imprisonment, three years of supervised release, and was fined $600.00. Evidence at the plea and sentencing hearings established that, on October 17 and 18, 2016, Elion sold methamphetamine to a confidential source working for law enforcement. The offenses occurred in Williamson County.
At the time that he committed the offenses, Elion had 17 prior felony drug convictions and was on supervised release for a 2007 federal drug conviction. At the sentencing hearing, the district judge revoked Elion’s term of supervised release on the prior federal case and imposed an additional 33 month sentence, for a total of term of imprisonment of 200 months.
The investigation was conducted by the Southern Illinois Enforcement Group and Drug Enforcement Administration. The Marion Police Department Emergency Response Team, Illinois State Police, and Williamson County States Attorney’s Office assisted in the investigation.
Villanova Man Charged with Tax EvasionRead the Press Release
Esam Salah, age 54, of Villanova, Pennsylvania, was charged today by information[1] with one count of tax evasion, announced Acting United States Attorney Louis D. Lappen. The information charges that from January 2008 through April 2011, Salah, who was the president and sole shareholder of several restaurants in the Philadelphia area, did not report to the Internal Revenue Service approximately $2,769,813 in cash revenue that he used to pay employee salaries at two of his restaurants. Also according to the information, he failed to pay approximately $506,875 due for federal employee tax withholding and required Social Security and Medicare taxes.
If convicted the defendant faces a maximum possible sentence of 5 years in prison, a fine of $250,000, a three year period of supervised release, $ 250,000 fine and a $100 special assessment.
The case was investigated by the Internal Revenue Service and is being prosecuted by Assistant United States Attorney Judy G. Smith.
[1]An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Attorney John Parker Releases the Following Statement Following the Verdict of the John Wiley Price, Et Al. TrialRead the Press Release
DALLAS - First, I want to thank the dedicated women and men of the jury for their extraordinary service during this long and difficult process, announced John Parker, U.S. Attorney for the Northern District of Texas.
I will be convening with the prosecution team over the next several days regarding where we go from here, consistent with the court’s timeline.
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Two Rhode Island Sisters Sentenced for Immigration Services ScamRead the Press Release
BOSTON – Two Rhode Island sisters were sentenced today in federal court in Worcester for their roles in an immigration services fraud that netted over $700,000.
Indranis Rocheford, 28, a dual national of the Dominican Republic and St. Kitts living in Woonsocket, RI, and Alba Peña, 26, of Woonsocket, RI, were sentenced today by U.S. District Court Judge Timothy S. Hillman to 33 months and 35 months in prison, respectively, three years of supervised release, and ordered to pay $739,850 in restitution. Rocheford will be subject to deportation proceedings after serving her sentence. Following a 15-day trial in February 2017, Peña and Rocheford were convicted of wire fraud.
From 2009 through 2013, Peña, Rocheford, and their mother, Patria Zuniga, operated a fraud scheme that targeted undocumented immigrants seeking to legalize their status. As part of the scheme, Peña, Rocheford, and Zuniga told victims that Zuniga was either a lawyer or employee of U.S. immigration authorities who could help them become lawful permanent residents. They charged the victims between $8,000 and $14,000 for Zuniga’s services. After the victims made the initial payments, Zuniga extorted thousands of dollars more by threatening to have them deported if they refused to pay.
As part of the fraud, Peña and Rocheford recruited clients, assisted in sales pitch presentations, prepared fake immigration paperwork, and took receipt of victim payments, which were initially made in cash and later accepted via bank account deposits, money orders and wire transfers. In total, victims paid Peña, Rocheford, and Zuniga more than $700,000 for fraudulent immigration services.
In June 2016, Zuniga was sentenced to 78 months in prison and ordered to pay restitution in the amount of $713,850 after she pleaded guilty for her role in the scheme.
Acting United States Attorney William D. Weinreb; Matthew Etre, Special Agent in Charge of Homeland Security Investigations; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service in Boston made the announcement today. Assistant U.S. Attorneys Jordi de Llano and John Capin of Weinreb’s Criminal Division prosecuted the case.
Two Elk Grove Residents Plead Guilty to Trafficking in Counterfeit DVDsRead the Press Release
SACRAMENTO, Calif. —Xavier L. Johnson, 36, formerly of Elk Grove, and Kristin M. Caldwell, 35, of Elk Grove, pleaded guilty today to trafficking in counterfeit goods, United States Attorney Phillip A. Talbert announced.
According to court documents, between April 2008 and August 2011, the defendants imported counterfeit DVDs containing children’s movies from manufacturers in China and sold them over the internet. During that time period, they ordered at least 43,589 counterfeit DVDs from a supplier in China. According to court documents, when advertising the movies on their websites and in marketing emails, the defendants made false representations to consumers, including that the DVDs were in “limited supply” or “currently out of print” when in fact the defendants had a virtually limitless supply of counterfeit DVDs. The activity charged in the indictment occurred after the defendants had received multiple letters from government agencies telling them that shipments of DVDs were being seized at the border because they were counterfeit.
This case is the product of an investigation by the United States Postal Inspection Service and the Federal Bureau of Investigation. Assistant United States Attorney Matthew G. Morris is prosecuting the case.
Johnson and Caldwell are scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on August 4, 2017. Both defendants face a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Twenty-Eight Alleged Members of Mexican Drug Trafficking Organization Charged with Federal Drug Trafficking and International Money Laundering OffensesRead the Press Release
Kentucky and Illinois
DEA-Led Investigation Included Seizures of 30 Kilograms of Heroin, 64 Kilograms of Methamphetamine, 17 Kilograms of Cocaine, 20 Kilograms of Marijuana, 24 Firearms, $102,000 in Currency and Three Vehicle
ALBUQUERQUE – Twenty-eight individuals are facing drug trafficking and money laundering charges as the result of a federal investigation targeting a Mexican drug trafficking organization (DTO) responsible for importing large quantities of heroin, methamphetamine and cocaine from Mexico, and distributing the drugs in New Mexico, Texas, Kansas, Kentucky and Illinois.
The charges are the result of a 16-month DEA-led investigation during which law enforcement authorities seized approximately 30 kilograms of heroin, 64 kilograms of methamphetamine, 17 kilograms of cocaine, 20 kilograms of marijuana, 24 firearms, $102,000 in currency, and three vehicles. The investigation concluded this morning with an early morning, multi-agency law enforcement operation which included the execution of arrest warrants in New Mexico and Texas, and the execution of six search warrants at locations in El Paso, Tex., Sunland Park, N.M., Belen, N.M., and Albuquerque, N.M.
Acting U.S. Attorney James D. Tierney and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division announced the results of the investigation this afternoon during a press conference in Las Cruces, N.M. Representatives of the U.S. Border Patrol, Homeland Security Investigations, New Mexico State Police, Dona Ana County Sheriff’s Department, Las Cruces Police Department and Sunland Park Police Department joined Acting U.S. Attorney Tierney and DEA Special Agent in Charge Glaspy in making the announcement.
In announcing the charges, Acting U.S. Attorney Tierney said, “This investigation and its resulting prosecutions are about taking control of our streets. The charges filed and drugs seized as the result of this investigation demonstrate the success of the collaborative efforts of our federal, state, county and local law enforcement agencies to root out drug traffickers operating in New Mexico and throughout the country. Through today’s announcement, the law enforcement community is sending a loud and clear message to those who traffic drugs in our communities that they cannot commit crimes in New Mexico without consequence.”
“Today law enforcement in New Mexico and West Texas has dealt a severe blow to a drug trafficking organization with ties to a Mexican drug cartel,” said DEA Special Agent in Charge Glaspy. “Through the cooperation of numerous law enforcement organizations we have removed criminals from our communities who have been involved in smuggling, transporting, and distributing drugs.”
“The responsibility of protecting our borders and keeping our communities safe is a task to which we are committed. We are proud to partner with these other fine law enforcement agencies as we work together to protect our citizens and our future from the selfish criminals that look to profit by exploiting our neighborhoods and our children,” said Jeffrey D. Self, Chief Patrol Agent, El Paso Sector. “This entire investigation is a perfect example of an interdiction that continued into a perfectly executed investigation through a unified effort.”
“The results of this multi-agency operation reflects greatly on the partnership and commitment of dedicated men and women to combat the poisoning of our communities with highly addictive and dangerous drugs,” said Waldemar Rodriguez, Special Agent in Charge of HSI El Paso. “HSI is committed to continue working with our law enforcement partners to enhance public safety in our communities.”
The investigation, which was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, targeted a DTO allegedly led by Luis Angel Briseño-Lopez, 30, a Mexican national believed to reside in Juarez, Mexico, and who has yet to be arrested. The multi-agency investigation revealed that the DTO allegedly imported large quantities of heroin, methamphetamine and cocaine from Mexico into the United States; distributed the drugs in several states; and transported drug proceeds back to Mexico.
Twenty-three of the 28 defendants are charged in a 44-count indictment, three are charged in two separate criminal complaints, and two will be charged in criminal complaints being filed today. Twenty-three of the 28 defendants are in custody, including 20 who were arrested during today’s law enforcement operation.
The 44-count indictment, which was filed under seal on April 19, 2017 and unsealed earlier today, alleges that the 23 defendants charged therein participated in a conspiracy to distribute heroin, methamphetamine and cocaine between April 2016 and April 2017. It also alleges that nine of the defendants also participated in an international money laundering conspiracy during that same period in time. The indictment also charges certain defendants with engaging in a series of substantive drug trafficking and money laundering offenses, and using communication devices (telephones) to facilitate their criminal activities. It charges one defendant with a firearms offense.
The indictment includes 77 overt acts allegedly committed by the defendants in furtherance of the drug trafficking conspiracy. The overt acts describe the expansive sweep of the DTO’s drug distribution operation and the significant quantities of drugs involved. For example, the overt acts allege that the DTO’s drug trafficking and money laundering activities extended to Kentucky, where law enforcement officers seized $15,300 in drug proceeds from a courier who was transporting the money to New Mexico in April 2016; Oklahoma, where law enforcement officers seized 4.44 kilograms of methamphetamine from a courier in June 2016; and New Mexico, where law enforcement officers seized six kilograms of heroin from couriers at a U.S. Border Patrol checkpoint in October 2016.
The indictment also includes forfeiture allegations, which seek to forfeit to the United States the proceeds of the DTO’s drug trafficking and money-laundering activities, including $56,556 seized by the DEA during the investigation. It also seeks the imposition of a money judgment in the amount of at least $1.4 million, the amount allegedly derived from the crimes charged in the indictment.
One defendant is charged in a criminal complaint with heroin and cocaine trafficking offenses arising out of the seizure of approximately 24.4 pounds of heroin and 2.45 pounds of cocaine at the U.S. Border Patrol checkpoint on Interstate 25 north of Las Cruces on March 10, 2017. Two other defendants are charged in a criminal complaint with heroin trafficking offenses arising out of the seizure of approximately 17.8 pounds of heroin by the Hatch Police Department during a traffic stop near Hatch, N.M., on April 20, 2017.
Two other defendants, who were not previously charged, were arrested during today’s law enforcement operation. They will be charged in criminal complaints to be filed today with drug trafficking and money laundering offenses.
“The citizens of New Mexico are safer today because of the collaborative effort between law enforcement agencies. When law enforcement agencies combine resources and assets, we are able to bring illegal narcotic traffickers to justice,” said Chief Pete Kassetas of the New Mexico State Police. “These cases are great examples of how local, county, state and federal agencies are working with State District Attorneys and the U.S. Attorney to prosecute those responsible for their crimes. This operation reinforces that there are consequences to those that choose to conspire to illegal narcotics crimes in our communities and state.”
“The Hatch Police Department along with the other agencies involved in today’s operation continue to have a strong relationship,” said Chief James Gimler of the Hatch Police Department. “We are honored to work hand in hand with our federal partners, the DEA and the U.S. Attorney’s Office in achieving the ultimate goal of keeping our streets safe.”
Doña Ana County Sheriff Enrique Vigil said, “I can say with confidence that our local law-enforcement agencies are committed to doing all that we can to bring fugitives to justice, and will continue working together to make our great state of New Mexico a safe place. In doing that, I will continue to pledge every resource available from the Doña Ana County Sheriff’s Department towards that goal.”
“The Las Cruces Police Department is proud of the working relationship we have with other local and federal law enforcement agencies,” said Chief Jaime Montoya of the Las Cruces Police Department. “We rely on each other to help keep our communities safe from those who defy our laws.”
“Through partnerships within our federal, state and local law enforcement agencies, those communities and families affected by criminal activity can rest assured, that at the end of the day, we are all here to Serve and Protect. We want to be a part of making the neighborhoods safe again in order to ensure that our community can roam around freely without worrying about crime a foot,” said Chief Javier Guerra of the Sunland Park Police Department. “In keeping our community safe, I want to enlist their help by asking them to report anything out of the ordinary, suspicious behavior and domestic violence. It is the duty and responsibility of the community to watch-out for each other.”
The Las Cruces and Albuquerque offices of the DEA conducted the investigation with assistance from the U.S. Border Patrol, New Mexico State Police and Hatch Police Department. In addition, the Las Cruces and El Paso offices of Homeland Security Investigations, Dona Ana County Sheriff’s Office, Las Cruces Police Department and Sunland Park Police Department participated in today’s law enforcement operation. Assistant U.S. Attorneys Selesia L. Winston and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases as part of the OCDETF Program and the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The OCDETF Program is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Indictment in United States v. Luis Angel Briseño-Lopez, et al., 17-CR-1032-RB
Summary of the Charges
Count 1 of the Indictment charges 23 defendants with participating in a conspiracy to distribute heroin, methamphetamine and cocaine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years nor more than life and a $10 million fine.
Count 2 of the Indictment charges nine defendants with participating in an international money laundering conspiracy. The maximum statutory penalty for a conviction on this count is 20 years and a $500,000.
Counts 3, 20, 21, 31 and 39 charge certain defendants with substantive international money laundering offenses. The maximum statutory penalty for a conviction on this count is 20 years and a $500,000.
Counts 4, 5, 7, 8, 10, 11, 13, 15, 17, 22 through 24, 27, 28, 30, 32 and 33 charge certain defendants with using communication facilities to facilitate drug trafficking crimes. The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.
Counts 6 and 29 charge certain defendants with possession with intent to distribute more than 500 grams of a mixture and a substance containing methamphetamine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life and a $10 million fine.
Count 9 charges a defendant with distributing more than 50 grams of a mixture and substance containing methamphetamine. The maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years and a $5 million fine.
Count 12 charges a defendant with distributing more than 50 grams of methamphetamine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life and a $10 million fine.
Counts 14, 25, 35 and 36 charge certain defendants with possession with intent to distribute more than 50 grams of methamphetamine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life and a $10 million fine.
Counts 16, 19, 26, 34, 37, 38, 40 and 44 charge certain defendants with possession with intent to distribute more than a kilogram of heroin. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life and a $10 million fine.
Count 41 charges a defendant with carrying and possessing a firearm in relation to a drug trafficking crime. The statutory penalty for a conviction on this count is imprisonment for not less than five years, which must be served consecutive to any sentence imposed on other counts of conviction.
Count 42 charges a defendant with managing or controlling a residence for storing controlled substances. The maximum penalty for a conviction on this count is imprisonment for 20 years and a $500,000 fine.
Count 43 charges certain defendants with possessing with intent to distribute more than 500 grams of cocaine. . The maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years and a $5 million fine.
Charges against Defendants
Luis Angel Briseño-Lopez, 30, a Mexican national believed to reside in Juarez, Mexico, is charged in Counts 1-4, 6, 13-17, 20-21, 23, 25-26, 29, 31-32 and 34-39 of the indictment. Briseño-Lopez has yet to be arrested and is considered a fugitive.
Francisco Luna-Rosales, 50, a legal permanent resident who resides in Albuquerque, N.M., is charged in Counts 1, 27, 29, 38 and 40-42 of the indictment. Luna-Rosales has yet to be arrested and is considered a fugitive.
Omar Fernandez, 21, of Albuquerque, N.M., is charged in Counts 1, 24 and 28 of the indictment. Fernandez was arrested this morning in Albuquerque.
Manuel German Ibarra, 32, of Albuquerque, N.M., is charged in Counts 1, 2, 22 and 31 of the indictment. Ibarra has yet to be arrested and is considered a fugitive.
Juan R. Gutierrez, 30, of Belen, N.M., is charged in Counts 1, 2 and 18-20 of the indictment. Gutierrez was arrested this morning in Belen.
Gustavo Hernandez-Loaiza, 38, of Albuquerque, N.M., is charged in Counts 1, 2 and 21 of the indictment. Hernandez-Loaiza was arrested this morning in Albuquerque.
Joshua Jande Carmona, 23 of El Paso, Tex., is charged in Counts 1-3, 5-8, 10-11, 14, 29-31 and 34-35 of the indictment. Carmona was arrested this morning in Arlington, Tex.
Alberto Terrazas-Ignacio, 24, of Albuquerque, N.M., is charged in Counts 1, 2, 6, 15-18, 20-28, 32-33 and 44 of the indictment. Terrazas-Ignacio was arrested this morning in Las Cruces.
Jose Manuel Ortiz-Campos, 28, a legal permanent resident residing in El Paso, Tex., is charged in Counts 1- 2 and 36-40 of the indictment. Ortiz-Campos was arrested this morning in El Paso.
Diego Armando Rivas-Aguilar, 23, a Mexican national, is charged in Counts 1 and 33 of the indictment. Rivas-Aguilar is in custody on a federal marijuana trafficking charge in the Western District of Texas and will be transferred to the District of New Mexico to face the charges in the indictment.
Edgar Dominguez-Cuellar, 30, of Sunland Park, N.M., is charged in Counts 1, 7-10 and 12-13 of the indictment. Dominguez-Cuellar is in custody on a federal alien smuggling charge in the District of New Mexico.
Rosa M. De Santiago, 43, of Sunland Park, N.M., is charged in Counts 1- 2 and 36-40 of the indictment. De Santiago was arrested this morning in Sunland Park.
Georgina Ramirez, 36, of Anthony, N.M., is charged in Counts 1, 36-38 and 43 of the indictment. Ramirez was arrested this morning in Anthony.
Jesus A. Flores, 39, a legal permanent resident of Anthony, N.M., is charged in Counts 1, 38 and 43 of the indictment. Flores was arrested this morning in Anthony.
Alfonso Rios, 36, of Santa Rosa, N.M., is charged in Counts 1 and 11 of the indictment. Rios was arrested in El Paso.
Vanessa Reyes, 26, of El Paso, Tex., is charged in Counts 1-2 and 29-31 of the indictment. Reyes was arrested this morning in Arlington, Tex.
Roderica T. Bahe, 24, of Albuquerque, N.M., is charged in Counts 1 and 44 of the indictment. Bahe was arrested this morning in Las Cruces.
Martin J. Contreras, 25, of Rio Rancho, N.M., is charged in Counts 1 and 25-26 of the indictment. Contreras was arrested this morning in Rio Rancho.
Elizabeth Monroy, 19, of Chaparral, N.M., is charged in Counts 1 and 36-37 of the indictment. Monroy was arrested this morning in Chaparral.
Daisy Hidalgo, 22, of Anthony, N.M., is charged in Counts 1 and 36-37 of the indictment. Hidalgo has yet to be arrested and is considered a fugitive.
Jazmin Lucia Soto, 19, of Chaparral, N.M., is charged in Counts 1 and 36-37 of the indictment. Soto was arrested this morning in Las Cruces.
Ricardo Terrazas-Ignacio, 19, of Las Cruces, N.M., is charged in Count 1 and 16 of the indictment. Terrazas-Ignacio was arrested this morning in Las Cruces.
Dulce Viridiana Rodriguez, 21, of Albuquerque, N.M., is charged in Counts 1 and 38 of the indictment. Rodriguez has yet to be arrested and is considered a fugitive.
Criminal Complaint in United States v. Jose Fernando Lucero, 17-MJ-617-GJF
The criminal complaint charges Jose Fernando Lucero, 24, of Las Cruces, N.M., with conspiracy and possession of heroin and cocaine with intent to distribute. The charges against Lucero arise out of the seizure of approximately 24.4 pounds (11 kilograms) of heroin and 2.45 pounds (1.1 kilogram) of cocaine by the U.S. Border Patrol on March 10, 2017, during an inspection at the U.S. Border Patrol checkpoint on Interstate 25 north of Las Cruces, N.M. The statutory penalty for a conviction on the charges in the complaint is imprisonment for not less than ten years nor more than life and a $10 million fine. Lucero was arrested on March 10, 2017, and remains in federal custody pending trial.
Criminal Complaint in United States v. Reyes, et al., 17-MJ-1042-SMV
The criminal complaint charges Maria Isabel Reyes, 37, and Roberta Guillermina Ornelas, 38, both of Horizon City, Tex., with conspiracy and possession of more than a pound of heroin with intent to distribute. The charges against Reye and Ornelas arise out of the seizure of approximately 17.80 pounds (8.10 kilograms) by the Hatch Police Department near Hatch, N.M., on April 20, 2017. The statutory penalty for a conviction on the charges in the complaint is imprisonment for not less than ten years nor more than life and a $10 million fine. Reyes and Ornelas were arrested today in Horizon City.
Additional Defendants
Gonzalo Dominguez-Cuellar, 24, of Sunland Park, N.M., was arrested this morning and will be charged by criminal complaint with participating in the drug trafficking and money laundering conspiracies charged in the indictment.
Ivonne Briseno-Lopez, 26, of El Paso, Texas, was arrested this morning and will be charged by criminal complaint with participating in the money laundering conspiracies charged in the indictment.
Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Briseno-Lopez Indictment Lucero Complaint Reyes ComplaintThree Ohio residents indicted for trafficking heroin and cocaineRead the Press Release
WHEELING, WEST VIRGINIA – Two Youngstown men and an East Liverpool woman were indicted by a grand jury sitting in Elkins on April 18, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Daryl “Malik” Walter Hall, age 31, was indicted on one count of “Conspiracy to Distribute Heroin and Cocaine Base,” two counts of “Unlawful Use of Communication Facility,” one count of “Distribution of Heroin within 1,000 Feet of a Protected Location,” and one “Distribution of Cocaine Base within 1,000 Feet of a Protected Location.”
Dennis Lee Artis, age 52, was indicted on one count of “Conspiracy to Distribute Heroin and Cocaine Base,” one count of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location.”
Michelle Green, age 48, was indicted on one count of “Conspiracy to Distribute Heroin and Cocaine Base,” two counts of “Distribution of Heroin within 1,000 Feet of a Protected Location,” and two counts of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location.”
The crimes are alleged to have occurred between August 2016 to April 2017 in Hancock County.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The Hancock/Brooke/Weirton Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Three Men Plead Guilty to Armed Robberies of Cahokia Convenience StoresRead the Press Release
Leslie Woods, 22, Derek Marshall, 24, and Terrell McGee, 26, have pled guilty in the U.S. District Court to two armed robberies and shootings that occurred in Cahokia, Illinois in 2010, United States Attorney Donald S. Boyce announced today. Woods, Marshall and McGee were charged by a federal grand jury in 2015 with two counts of conspiracy to interfere with commerce by robbery ("Hobbs Act robbery"), two counts of interference with commerce by robbery ("Hobbs Act robbery"), and two counts of use and carry of a firearm during a crime of violence for their involvement in the June 17, 2010 robbery and shooting that occurred at the Best Stop convenience store in Cahokia, Illinois and the July 8, 2010 robbery and shooting that occurred at D&D’s MiniMart, also located in Cahokia, Illinois.
Documents filed in the U.S. District Court establish that on June 17, 2010, Woods, Marshall, McGee and James Smith robbed the Best Stop convenience store partially masked and armed with a rifle and two handguns, one of which was a .40 caliber pistol that had been stolen during a burglary of a St. Louis gun store earlier in June. Woods, acting as the getaway driver, drove Marshall, McGee and Smith to the store in a silver Altima that had been stolen during a carjacking in South St. Louis the day before. Woods waited in the car while Marshall, McGee and Smith went into the store, ordered a customer to the ground, pointed a gun to the owner’s head and
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took over $11,000 from the cash register. As they fled the store, Marshall shot the customer laying on the floor with a .40 caliber pistol and then fired four shots toward a woman sitting in her car parked outside the business. The entire robbery was captured on the store video surveillance.
Five hours after the robbery, the stolen Altima was recovered in St. Louis County. Two fingerprints were recovered from the door of the gas tank, which were determined to be a match to Leslie Woods. Approximately a week and a half later, Marshall was found in possession of a .40 caliber handgun during a traffic stop in Brooklyn, Illinois. Testing by the Illinois State Police forensic lab revealed that the gun recovered from Marshall was a match to the .40 caliber fired cartridges recovered by a crime scene investigator from the shooting at Best Stop.
Three weeks later, on July 8, 2010, Woods, Marshall, McGee, Smith and Reshon Farmer robbed D&D’s Minimart partially masked and armed with two rifles and two handguns. Farmer drove Woods,Marshall,McGee and Smith to the store in a white minivan they had stolen in North St. Louis earlier that day. Farmer waited in the van while Woods, Marshall, McGee and Smith went into the store and pointed their guns at the two employees behind the counter. Woods, Marshall and Smith went behind the counter and demanded the money from the register. While the male clerk was trying to open the register, Woods continually pushed the barrel of the rifle against his back until he grabbed the barrel and turned around. At that time, Woods shot the clerk with the rifle, causing him to fall on top of the female clerk who was lying on the ground. Woods then fired two more shots at the male clerk, resulting in severe injuries to his arm, hand and chest. They took the cash register and a .40 caliber handgun that belonged to the store owner. The entire robbery was captured on the store video surveillance.
Several police officers from North St. Louis who knew Woods, Marshall, Smith and Farmer viewed the video surveillance of D&D’s MiniMart robbery and identified Marshall, Woods and Smith as three of the gunmen. They also identified Farmer as the getaway driver. During an
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interview with law enforcement officers, Smith and Farmer confessed to their involvement in the D&D’s MiniMart robbery and identified Marshall, Woods and McGee as the three other gunmen.
In 2015, McGee was arrested and interviewed about his involvement in the two robberies. McGee admitted that he was one of the three gunmen in the Best Stop robbery. He also admitted that he was one of the four gunmen in the D&D’s MiniMart robbery.
Woods, Marshall and McGee all face a term of up to 20 years in prison on each violation of the Hobbs Act. They also face a minimum term in prison of 10 years up to a maximum of life for the conviction on carry and use of a firearm during a crime of violence for the armed robbery of the Best Stop, which must be served consecutive to, meaning in addition to, any term of imprisonment imposed on the Hobbs Act violations. Additionally, for their conviction for a second offense of carry and use of a firearm during a crime of violence for the armed robbery of D&D’s MiniMart, all three men face a minimum term in prison of 25 years up to a maximum of life, consecutive to the term of imprisonment imposed on the other five counts of conviction. In addition to the term of imprisonment imposed, Woods, Marshall and McGee can be fined up to $250,000 on each count and sentenced to a term of supervised release of up to five years. Smith and Farmer were prosecuted for these offenses by the St. Clair County State’s Attorney’s Office. Smith is awaiting sentencing.
The case was investigated by the Cahokia Police Department, the St. Louis County Police Department, the Illinois State Police, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorneys Ali Summers, Dan Kapsak and James Piper, Jr.
Three Men Charged in Armed Bank RobberyRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that three men were charged in federal court today, in separate but related cases, for the armed robbery of a Columbia, Mo., bank.
Damien Deshun Powell, 24, Quinton Terrance Wilson, 21, and Larome Demetrius Humphrey, 26, are charged with armed bank robbery in separate criminal complaints filed in the U.S. District Court in Jefferson City, Mo.
Today’s complaints allege the defendants stole $2,588 from Callaway Bank, 5600 Bull Run Dr., Columbia, at gunpoint on Thursday, April 27, 2017.
According to an affidavit filed in support of the criminal complaint, Powell and Humphrey entered the bank with pistols at approximately 1:44 p.m., while Wilson waited in the getaway vehicle. Powell and Humphrey allegedly jumped the teller counter, put their pistols to a teller’s head and demanded money. The money was placed in a plastic bag, then they left the bank.
Witnesses saw Powell and Humphrey run from the bank, the affidavit says, and get into a 2007 Chevrolet Impala. Missouri State Highway Patrol troopers spotted the vehicle just east of the bank on I-70 in the area of Kingdom City, Mo. A vehicle pursuit ensued with speeds over 100 m.p.h. Troopers deployed stop sticks, which disabled the Impala, resulting in the vehicle coming to a stop. Powell, Humphrey and Wilson fled on foot but were ultimately apprehended by law enforcement officers.
Officers later learned that there was an infant/toddler in the back seat of the Impala during the bank robbery and vehicle pursuit. According to the affidavit, the infant/toddler is the son of Humphrey’s girlfriend, who owns the car used in the robbery.
At the time of Humphrey’s arrest, a large sum of cash was discovered concealed in his underwear.
Larson cautioned that the charges contained in these complaints are simply accusations, and not evidence of guilt.
These cases are being prosecuted by Assistant U.S. Attorney Jim Lynn. They were investigated by the Columbia, Mo., Police Department, the Missouri State Highway Patrol and the FBI.
Thirty-Seven Defendants Charged in Crackdown on San Diego Gang Members and Methamphetamine DealersRead the Press Release
Assistant U. S. Attorney Matthew Sutton (619) 546-8941, Jarad E. Hodes 546-7432 and Janaki S. Gandhi 546-8817
NEWS RELEASE SUMMARY – April 27, 2017
SAN DIEGO – Thirty-seven documented gang members and associates were charged this week in federal court with methamphetamine distribution and firearms trafficking. The defendants are accused of dealing in substantial quantities of methamphetamine and illegal guns, using Teralta Park in City Heights as their headquarters and operating throughout Mid-City San Diego.
As of today at 1 p.m., 29 of the thirty-seven defendants are either in federal or state custody. Twenty-two were arrested this week; the rest were already in custody. Authorities are continuing to search for eight defendants. During the two-day takedown, investigators executed ten search warrants and seized more than three pounds of methamphetamine, 17 firearms and over $25,000 in narcotics proceeds from the defendants. Many of the defendants are scheduled to be arraigned before U.S. Magistrate Judge Ruben B. Brooks at 2:00 p.m. today and tomorrow.
The yearlong investigation, dubbed “Seeing Blue,” was co-led by the Homeland Security Investigations Gangs & Weapons Group and the San Diego Police Department in partnership with the United States Marshals Service and the Drug Enforcement Administration. It involved months of federal wiretaps, dozens of undercover drug buys and extensive surveillance. Many of the defendants are documented members or associates of violent San Diego street gangs, including the Oriental Mafia Crips, West Coast Crips, Neighborhood Crips and Lincoln Park Piru.
As alleged in the indictments, complaints, and search warrants unsealed today, HSI began the investigation by targeting a prolific methamphetamine distribution network headed by OMC gang member Soulidao Chounlaboudy, aka “Lazy.” Investigators were able to introduce undercover agents to Chounlaboudy in order to purchase ounce quantities of methamphetamine, firearms, and stolen vehicles from him and his co-conspirators. During the course of the investigation of Chounlaboudy, agents also identified Ruben Contreras-Ramirez, a Claremont 13 gang member, as a firearms distributor involved in the manufacture of assault style semi-automatic firearms for illegal distribution.
Investigators subsequently targeted WCC gang member, John Quarles, aka “J-Money,” and his methamphetamine and crack cocaine drug distribution network. According to the charging documents, Quarles’ network was responsible for distributing dozens of pounds of methamphetamine and grossing tens of thousands of dollars in narcotics proceeds. His network utilized an array of distributors and sub-distributors, many of them convicted drug dealers and gang members, to distribute methamphetamine and crack cocaine from Teralta Park.
“Gangs and drugs are infesting many of our neighborhoods and creating a violent culture that is unsafe for residents,” said Acting U.S. Attorney Alana W. Robinson. “With today’s action, we are reclaiming these parks and streets for our families, our children and our communities.”
“ICE Homeland Security Investigations is committed to working jointly with its law enforcement partners to dismantle criminal gang networks that distribute narcotics on the streets and spread violence in our communities,” said Dave Shaw, special agent in charge for HSI San Diego. “As part of this joint investigation, our agents continue to fight against crime to help keep our communities safe.”
“This was a long, complex investigation and I couldn't be prouder of our detectives and all the other law-enforcement partners who have worked tirelessly on this case,” San Diego Police Chief Shelley Zimmerman said. “The bottom line is these arrests make our city and our region a safer place.”
“DEA will continue to support our law enforcement partners in any way possible,” said DEA San Diego Special Agent in Charge William R. Sherman. “Methamphetamine poses a huge threat to the fabric of our communities in San Diego. It is important to rid our neighborhoods of this dangerous drug, the people selling it, and the ancillary crime that follows drug trafficking.”
Acting United States Attorney Robinson also praised the coordinated federal and state team effort in the culmination of this investigation. Agents and officers from the Homeland Security Investigations Gangs & Weapons Group; San Diego Police Department; United States Marshals Service, the Drug Enforcement Administration, the Bureau of Prisons, Immigration and Customs Enforcement, Enforcement and Removal Operations; the Chula Vista Police Department; and the District Attorney’s Office collaborated on this investigation. Attorneys from the Department of Justice, Office of Enforcement Operations, Electronic Surveillance Unit, also provided critical assistance to the investigation.
This case is also the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
Operation Seeing Blue Defendant Information
DEFENDANTS Criminal Case No: 17CR1026-BTM
Name
Age
Hometown
SOULIDAO CHOUNLABOUDY (1),
aka “Lazy”
40
San Diego, CA
SOLIDEUANE CHOUNLABOUDY (2),
aka “Chewy”
39
San Diego, CA
JOHNNY HERRERA (3),
46
Chula Vista, CA
ELIZABETH ASHLEY ANDERSON (4)
28
San Diego, CA
RUBEN CONTRERAS-RAMIREZ (5),
aka “Tijuas”
36
Lemon Grove, CA
ANTHONY ERIC MOATS II (6)
37
San Diego, CA
LARRY MULDROW (7),
aka “Mojo”
40
San Diego, CA
NAOMI JEAN HILL (8)
33
El Cajon, CA
SUMMARY OF CHARGES
Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C., Secs. 841(a)(1) and 846;
Felon in Possession of a Firearm and Ammunition, in in violation of Title 18, U.S.C., Secs. 922(g)(1) and 924(a)(2);
Distribution of Methamphetamine, in violation of Title 21, U.S.C., Sec. 841(a)(1);
Possession of Methamphetamine with Intent to Distribute in violation of Title 21, U.S.C., Sec. 841(a)(1);
Maximum Penalties: For the drug charges: life in prison with a mandatory minimum sentence of 10 years and a 10 million dollar fine. For firearms charges: 10 years’ in prison, and a $250,000 fine.
DEFENDANTS Criminal Case No: 17CR1027-BTM
Name
Age
Hometown
JOHN ALBERT QUARLES JR. (1),
aka “J-Money”
47
San Diego, CA
ANTWAUN FORD (2),
aka “Ant”
27
San Diego, CA
DON VESTER POLLARD JR. (3)
27
San Diego, CA
SUMMARY OF CHARGES
Conspiracy to Distribute Cocaine, in violation of Title 21, U.S.C., Secs. 841(a)(1) and 846;
Maximum Penalties: For drug charges: 20 years in prison and a 1 million dollar fine.
DEFENDANTS Criminal Case No: 17CR1028-BTM
Name
Age
Hometown
JOHN ALBERT QUARLES JR. (1),
aka “J-Money”
47
San Diego, CA
JOSE PEDRO ESTRADA, JR. (2),
aka “Boy”
31
San Diego, CA
TYRONE LORENZO JOHNSON (3),
aka “T-Ro”
47
San Diego, CA
WALTER BROWN (4),
aka “Pee Wee”
57
San Diego, CA
RICKY EVANS (5),
aka “Sweets”
57
San Diego, CA
KIMSAY DENNIS LEAUV (6),
aka “Gangster”
45
San Diego, CA
JARRETT MCGUIRE (7),
aka “Blue Jay”
36
San Diego, CA
PATRICK HEARD (8),
aka “Ace”
46
San Diego, CA
KITSANA XAYPANYA (9),
aka “Kelly”
35
San Diego, CA
MERRELL CEDRIC HEMPSTEAD (10),
aka “Popo”
56
San Diego, CA
EARL WOODS (11),
aka “Meech
42
San Diego, CA
THOMAS ADAMS (12),
52
National City, CA
GLEN RUSSELL (13),
aka “G-Rock
39
San Diego, CA
TIMOTHY JONES (14)
49
San Diego, CA
MICHAEL ELLIOT (15),
aka “Black”
48
San Diego, CA
PAUL JOSEPH JEFFREY (16),
42
San Diego, CA
ANDREW LASTER (17),
52
San Diego, CA
JAMES LANKFORD (18),
aka “Smiley”
47
San Diego, CA
CURTIS CLYDE OLIVER (19)
48
San Diego, CA
KIMBERLY EVETTE CUNNINGHAM (20),
51
San Diego, CA
DARREN DIMITRI KNIGHT (21),
23
San Diego, CA
PHYLICIA RENEE APPLEWHITE (22),
29
El Cajon, CA
RAYMOND BLACKWELL (23),
aka “Black Dog”
44
San Diego, CA
PABLO MAGDALENO VIELMA-RODRIGUEZ (24),
aka “Acapulco”
54
San Diego, CA
BRADLEY SCOTT PITTS (25),
48
El Cajon, CA
SUMMARY OF CHARGES
Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C., Secs. 841(a)(1) and 846;
Felon in Possession of a Firearm and Ammunition, in in violation of Title 18, U.S.C., Secs. 922(g)(1) and 924(a)(2);
Distribution of Methamphetamine, in violation of Title 21, U.S.C., Sec. 841(a)(1);
Possession of Methamphetamine and Cocaine Base with Intent to Distribute in violation of Title 21, U.S.C., Sec. 841(a)(1);
Maximum Penalties: For the drug charges: life in prison with a mandatory minimum sentence of 10 years and a 10 million dollar fine. For firearms charges: 10 years’ in prison, and a $250,000 fine.
DEFENDANTS Criminal Case No: 17MJ1212-RBB
Name
Age
Hometown
DELLA GUADALUPE MERCADO (1),
39
National City, CA
CHRISTINA THOMPSON (2),
40
San Diego, CA
SUMMARY OF CHARGES
Distribution of Methamphetamine, in violation of Title 21, U.S.C., Secs. 841(a)(1);
Maximum Penalties: For drug charges: 20 years in prison and a 1 million dollar fine.
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
South Florida Doctor Convicted of Sixty-Seven Criminal Counts Related to Medicare Fraud SchemeRead the Press Release
Today, a federal jury in South Florida convicted Dr. Salomon Melgen of sixty-seven criminal counts related to his participation in a health care fraud scheme involving the filing of false claims and the inclusion of false entries into patients’ medical charts.
Benjamin Greenberg, Acting United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Shimon Richmond, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), and Patrick Fletcher, Special Agent in Charge, United States Railroad Retirement Board, Office of Inspector General (RRB-OIG), made the announcement.
Dr. Melgen is scheduled to be sentenced on July 14, 2017, before U.S. District Court Judge Kenneth A. Marra, in West Palm Beach, Florida. The defendant faces a maximum sentence of 10 years’ imprisonment for each of the thirty-seven health care fraud counts and 5 years’ imprisonment for each of the thirty false claims and false entry counts of conviction.
Dr. Meglen, an ophthalmologist and retina specialist who had practiced in Palm Beach and St. Lucie Counties with “Vitreo Retinal Consultants” and “The Melgen Retina Eye Center,” engaged in a scheme to defraud the Medicare program and other health care benefit programs, by, among other things, falsely diagnosing Medicare patients with macular degeneration and then performing and billing for medically unnecessary tests and procedures. As a result of these unnecessary practices the defendant received more than $90 million from the Medicare program, alone, during the six year period between January 2008 through December 2013. Melgen’s medical practice was closed following his arrest in April 2015.
“For years, Dr. Melgen knowingly made false diagnoses and submitted fraudulent bills in order to illegally line his pockets with millions of dollars intended for the legitimate diagnosis and treatment of Medicare patients,” stated Acting U.S. Attorney Benjamin G. Greenberg. “Today’s 67 count guilty verdict speaks volumes about the extent of this fraud. Dr. Melgen will now be held accountable for perpetuating a massive fraud scheme that caused millions of dollars in losses. The U.S. Attorney’s Office reminds the community that those who commit fraud, regardless of their professional position in South Florida, will be called to answer for their crimes.”
"Dr. Salomon E. Melgen, guilty on 67 counts of health care fraud, can no longer bilk Medicare out of millions of dollars," said George L. Piro, Special Agent in Charge, FBI Miami. "No matter what the scheme or how elaborately it is disguised, the FBI and our law enforcement partners will investigate and criminally prosecute such fraud to the fullest extent of the law."
“Physicians who exploit Medicare patients through intentional misdiagnosis and medically unnecessary services just to boost their own profits have no place in our health care system,” said Special Agent in Charge Shimon R. Richmond of HHS Office of Inspector General. “Our agents will continue to pursue corrupt health professionals to protect patients and U.S. taxpayers.”
"Corrupt health care providers who defraud Federal health care systems divert precious tax dollars from where they are needed most," stated Special Agent in Charge John F. Khin, Southeast Field Office, DCIS. "The DCIS is committed, in joint investigations with our law enforcement partners, to bring those to justice who undermine the integrity of DoD's TRICARE program intended to serve military members and their families."
“Individuals that commit fraud against U.S. Government programs will continue to be investigated and prosecuted by us and our law enforcement partners,” said Patrick Fletcher, Special Agent in Charge, Office of Inspector General, Office of Investigations, for the U.S. RRB.
Mr. Greenberg commended the investigative efforts of the FBI, HHS-OIG, DCIS and RRB-OIG. This case is being prosecuted by Assistant United States Attorneys Roger H. Stefin, Carolyn Bell, and Alexandra Chase of the West Palm Beach Office.
Related court documents and information may be found on the website of the United States District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Six Ordered to Prison for Laundering Millions for Drug CartelRead the Press Release
McALLEN, Texas – Four local residents and two Mexican nationals have been ordered to federal prison for their respective roles in laundering drug proceeds, announced Acting U.S. Attorney Abe Martinez.
Roosevelt Faz, 49, and Ted Cantu, 48, both of Donna; Sandra Haro, 37, of Edinburg; Maria Elena Bonilla-Torres, 41, of Puente de Camciclan, Nayarit, Mexico; Guillermo Trevino, 44, of Weslaco; and Erwin Rolando Contreras-Mata, 27, of Reynosa, Tamaulipas, Mexico, all pleaded guilty Aug. 31, 2016.
U.S. District Judge Micaela Alvarez ordered Faz to serve a 140-month sentence, while Haro, Trevino and Bonilla-Torres will serve 130, 80 and 72 months in prison, respectively, at a hearing that concluded late yesterday. Judge Alvarez also ordered Faz, Trevino and Haro to pay a money forfeiture of $1,825,000. An additional $1,028,006 was seized during the investigation. The forfeiture order was the result of two days of testimony and evidence presented Oct. 24 and 31, 2016, which established that this group had been working together to launder drug proceeds since 2014 and that they had successfully laundered the additional $1,825,000. Also sentenced yesterday were Contreras-Mata and Cantu who were ordered to serve 46 and 38 months in prison, respectfully.
At the time of his plea, Faz admitted to coordinating the pick-up of drug proceeds in cities such as Atlanta, Georgia, and St. Louis, Missouri, and that he did so for Javier Reyna, another indicted defendant. Cantu and Trevino were truck drivers who admitted to picking up proceeds in Atlanta and St. Louis, respectively, at Faz’s direction. Contreras-Mata picked up drug proceeds from Faz on behalf of Javier Reyna. Bonilla-Torres handled the stash house in McAllen owned by Haro where the drug proceeds were stored prior to being smuggled into to Mexico, while Haro admitted to handling the communications between Reyna and the individual receiving the money in Mexico.
Cantu and Contreras-Mata each agreed to forfeit the money seized directly from them in the course of the investigation as part of their respective plea agreements.
Bonilla-Torres and Contreras-Mata have been and will remain in custody. Faz and Haro were taken into custody following the hearing yesterday, while Trevino and Cantu were permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Javier Reyna, 44, of Penitas, is considered a fugitive and a warrant remains outstanding for his arrest. Anyone with information about his whereabouts is asked to contact the Drug Enforcement Administration (DEA) in McAllen at 956-992-8400.
The DEA, Texas Department of Public Safety, IRS-Criminal Investigation and Border Patrol conducted the Organized Crime Drug Enforcement Task Force investigation dubbed Operation Emerald Chariots. Assistant U.S. Attorney Juan F. Alanis is prosecuting the case.
Retailer Sentenced to 2.5 Years in Federal Prison for Food Stamp FraudRead the Press Release
Baltimore, Maryland – On April 27, 2017, U.S. District Judge Richard D. Bennett sentenced Shaheen Tasewar Hussain, age 61, of Columbia, Maryland to 30 months in prison, followed by three years of supervised release, for conspiracy to commit food stamp fraud and wire fraud in connection with a scheme to illegally redeem food stamp benefits in exchange for cash. Judge Bennett also ordered Hussain to pay restitution in the amount of $778,183.00.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Bethanne M. Dinkins of the U.S. Department of Agriculture Office of Inspector General, Northeast Region; and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation.
The Supplemental Nutrition Assistance Program (SNAP), previously known as the Food Stamp Program, is administered by the Food and Nutrition Service (FNS) of the United States Department of Agriculture (USDA), together with state agencies. The program funds low-income individuals to allow them to obtain a more nutritious diet. In Maryland, the program provides eligible individuals with an electronic benefit transfer (EBT) card called the Independence Card, which operates like a debit card. Recipients obtain EBT cards through the state Department of Human Resources, then use the EBT card to purchase approved food items from participating retailers.
Retailers must apply to and be approved by FNS to participate in the program. Authorized retailers use a point-of-sale terminal that checks the EBT card information and deducts the cash value of the purchase from the customer’s SNAP benefit balance. SNAP reimbursements are paid to retailers through electronic funds transfers. Retailers may bill the government only in return for providing approved food items.
Hussain was the owner of Safe #7, Inc. d/b/a Shop & Save (hereinafter sometimes referred to as “the store” or “Shop & Save”), which was a convenience store located at 301 Crain Highway South, Suite D in Glen Burnie, Maryland. Hussain, through the store, participated in the Supplemental Nutrition Assistance Program (“SNAP”), formerly known as the Food Stamp Program.
According to her plea agreement, from July 2011 through August 2016, Hussain redeemed EBT benefits at the Shop & Save in exchange for cash in violation of the food stamp program rules and regulations. Hussain paid individuals presenting SNAP benefits cash in exchange for their benefits and kept up to 50 percent of the benefits for the store. As a result of these unlawful transactions, Hussain obtained more than $778,183 in EBT deposits for food sales that never actually occurred. Hussain knew that exchanging cash for EBT benefits was in violation of the laws, rules and regulations regarding the food stamp program and that she was not entitled to the EBT deposits made by FNS into the bank account for Safe #7, Inc.
In September 2011, months after being permanently disqualified from the SNAP program for violating FNS regulations, Hussain used a straw owner to submit an application to license Shop and Save to participate in the food stamp program. FNS approved the form which had been signed by another individual other than Hussain and licensed Shop & Save as a SNAP retailer. Hussain, however, subsequently operated Shop & Save.
Hussain was observed by law enforcement working the cash register and personally trafficking SNAP benefits in exchange for giving reduced cash payments to EBT cardholders. Between April 2015 through September 2015, agents working in an undercover capacity entered Shop and Save multiple times and asked to sell food stamp benefits in exchange for cash. Hussain was working behind the register each time and agreed to the transactions. For example, on April 14, 2015, Hussain swiped the undercover agent’s SNAP benefit EBT card twice, charging $75.02 for the first transaction and $25.60 on the second transaction just seconds later for a total of $100.62. In exchange, the Defendant gave the undercover agent $60 in cash.
On each of the occasions, Hussain did not sell the undercover agent any eligible food items. Hussain also broke up these transactions into increments of less than $100, because she knew that transactions over $100 for such a small store would likely alert law enforcement that she was trafficking SNAP benefits in exchange for cash.
On August 30, 2015, law enforcement executed a search warrant at Shop & Save. Officers discovered that the vast majority of the food items at the store were expired, covered in dust, spoiled by pests, and not amenable for human consumption.
Acting United States Attorney Stephen M. Schenning praised the USDA Office of Inspector General and FBI for their work in the investigation. Mr. Schenning thanked Assistant United States Attorneys Jason D. Medinger and Kathleen O. Gavin, who prosecuted the case.