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15 June 2017
Eight Current and Former Law Enforcement Officers, Four Correctional Officers, and Others Sentenced for Their Participation in Drug Distribution ConspiracyRead the Press Release
Eight current and former law enforcement officers, four correctional officers and two other individuals have been sentenced for their participation in trafficking narcotics and narcotics proceeds for a purported large-scale drug trafficking organization. The individuals used their affiliation with law enforcement to make money by protecting shipments of purported narcotics and narcotics proceeds.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney John Stuart Bruce of the Eastern District of North Carolina made the announcement.
Senior United States District Court Judge Malcolm J. Howard sentenced the following 14 defendants on a variety of charges, including conspiracy to distribute illegal narcotics, firearm charges and bribery charges: Lann Tjuan Clanton, 38, of Garysburg, N.C., was sentenced to 195 months in prison; Ikeisha Jacobs, 34, of Rich Square, N.C., was sentenced to 120 months in prison; Jason Boone, 31, of Henrico, N.C., was sentenced to 96 months in prison; Wardie Vincent Jr., 37, of Henrico, N.C., was sentenced to 72 months in prison; Adrienne Moody, 39, of Roanoke Rapids, N.C., was sentenced to 87 months in prison; Cory Jackson, 45, of Garysburg, N.C., was sentenced to 87 months in prison; Jimmy Pair Jr., 51, of Pleasant Hill, N.C., was sentenced to 87 months in prison; Curtis Boone, 38, of Gaston, N.C., was sentenced to 87 months in prison; Thomas Jefferson Allen II, 39, of Roanoke Rapids, N.C., was sentenced to 87 months in prison; Alaina Sue-Kam-Ling, 28, of Charlotte, N.C., was sentenced to 38 months in prison; Kavon Phillips, 27, of Rich Square, N.C., was sentenced to 57 months in prison; Alphonso Ponton, 45, of Weldon, N.C., was sentenced to 48 months in prison; Crystal Pierce, 33, of Roanoke Rapids, N.C., was sentenced to 6 months in prison and 6 months of house arrest; and Tohsa Dailey, 37, of Garysburg, N.C., was sentenced to 24 months in prison.
According to factual statements made in connection with the defendants’ guilty pleas, at the time of the crimes charged, Jacobs, Jason Boone, Pair Jr., Curtis Boone and Allen were Deputy Sheriffs at the Northampton County Sheriff’s Office; Clanton, Vincent Jr. and Jackson were former law enforcement officers; Moody, Sue-Kam-Ling, Phillips and Ponton were correctional officers; and Dailey was a 911 dispatch operator for Northampton County.
The charges stemmed from a large-scale undercover investigation into allegations of systemic law enforcement corruption in Northampton County. Admissions made in connection with the defendants’ guilty pleas revealed that during the course of the undercover investigation, the defendants aided in transporting purported illegal narcotics and illegal narcotics proceeds through North Carolina and elsewhere in exchange for thousands of dollars of payments.
In May 2017, a jury convicted a fifteenth defendant, Antonio Tillmon, 33, of Windsor, N.C., of drug, firearm and bribery charges relating to this scheme. Tillmon, a former North Carolina police officer, is set for sentencing during the Court’s September 12, term. All 15 defendants indicted in this case have now been convicted of various offenses.
The case was investigated by the FBI’s Charlotte Division, Raleigh Resident Agency. The case is being prosecuted by Trial Attorneys Lauren Bell and Molly Gaston of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Toby W. Lathan of the Eastern District of North Carolina.
Eastern District of Pennsylvania Observes World Elder Abuse Awareness DayRead the Press Release
As part of the U.S. Department of Justice’s Elder Justice Initiative, the Eastern District of Pennsylvania is one of 10 federal districts in the United States that formed an Elder Justice Task Force. The Eastern District of Pennsylvania announced its task force here in March 2016, and maintains a website for the public to access here.
The Eastern District of Pennsylvania’s task force met in Harrisburg, Pennsylvania, in Fall 2016 and Spring 2017, and will meet again in Fall 2017. Task force members include federal, regional, state, and local government officials within the Eastern District of Pennsylvania, as well as advocacy groups that focus on elder justice. Through collaboration, the Eastern District of Pennsylvania’s task force seeks to enhance government protection of vulnerable, elderly Pennsylvanians from harm, including from: (1) abuse, neglect, and failures of necessary care in nursing homes, hospices, hospitals, personal care homes, and other settings; and (2) financial fraud schemes. The task force also works to ensure the integrity of government spending by eliminating fraud, waste, and abuse in health care programs.
Our office welcomes an opportunity to speak to your group about the Elder Justice Initiative and the publicly available resources that can help us all to advance elder justice in Pennsylvania. If you are interested in a meeting, please send an email message to [email protected].
Dolton, Illinois Man Indicted for Stealing Firearms from A Licensed Gun Dealer in Loves Park, Ill.Read the Press Release
ROCKFORD — A Dolton, Illinois man was indicted Tuesday, June 13, 2017, by a federal grand jury in Rockford on gun charges. KELVIN CULPS, 20, of Dolton, Ill., also known as “Forty,” was charged with stealing twelve firearms from a licensed firearms dealer in Loves Park, Ill., on May 8, 2017, illegally possessing stolen firearms, and illegally possessing those firearms as a convicted felon. Culps, who has been in federal custody since his arrest on May 30, 2017, was arraigned before U.S. Magistrate Iain D. Johnston today and has pleaded not guilty. Culps remains in federal custody awaiting trial.
Each count of stealing firearms from a licensed firearms dealer, illegally possessing stolen firearms, and illegally possessing firearms as a convicted felon carries a maximum potential penalty of up to 10 years in prison, to be followed by up to 3 years of supervised release, and a fine of up to $250,000. If convicted, the court must impose a reasonable sentence under federal sentencing statutes and the advisory United States Sentencing Guidelines, and the defendant shall be required to pay restitution to any victims of the alleged theft of the firearms.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The indictment was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; Celinez Nunez, Special Agent-in-Charge of the Chicago Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives; and Chuck Lynde, Chief of the Loves Park Police Department.
The government is represented by Assistant U.S. Attorney Talia Bucci.
Indictment.pdfDistrict Court Enters Permanent Injunction Against Florida and New Jersey Companies and Senior Managers to Stop the Distribution of Unapproved, Misbranded, and Adulterated DrugsRead the Press Release
The U.S. District Court for the Southern District of Florida entered a consent decree of permanent injunction against Stratus Pharmaceuticals Inc. of Miami, Florida; Sonar Products Inc. of Carlstadt, New Jersey; and individuals Alberto Hoyo and Juan Carlos Billoch, the Department of Justice announced today. The injunction permanently enjoins the defendants from distributing unapproved, misbranded, and adulterated drugs in violation of the federal Food, Drug, and Cosmetic Act (FDCA).
The Department filed a complaint in the U.S. District Court for the Southern District of Florida on April 28, at the request of the U.S. Food and Drug Administration (FDA). The complaint alleges, among other things, that the defendants shipped drugs that had not been approved by the FDA and failed to abide by current good manufacturing practices.
Products Inc. (Sonar), a New Jersey corporation, manufactures drugs for Stratus Pharmaceuticals Inc. (Stratus). Stratus, a Florida corporation, distributes prescription and non-prescription drugs and, according to the complaint, owned 80 percent of Sonar. The complaint also included Alberto Hoyo, who is president of Stratus and was a member of Sonar’s board of directors, and Juan Carlos Billoch, who is vice president of operations of Stratus and was a member of Sonar’s board of directors.
According to the complaint, Sonar and Stratus manufactured and/or distributed a number of dermatological products that were not approved by the FDA. The complaint further details that on April 13, 2015, the United States seized unapproved and misbranded drugs held at Stratus’s facility and manufactured by Sonar. They included X-Viate 40 percent Gel and X-Viate 40 percent Lotion.
“Compliance with the Food, Drug, and Cosmetic Act is necessary to ensure the safety and effectiveness of the medicines we all use,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department will continue to work closely with the FDA to protect the public from conduct, like that alleged in the complaint, which poses a potential risk to consumers.”
The consent decree entered today resolves the litigation and requires that defendants cease the production and distribution of unapproved and misbranded drugs. The decree further requires that defendants adhere to current good manufacturing practices for drugs, and requires Sonar to cease manufacturing until the company implements specified remedial measures. The measures include among other things, establishing a quality assurance and quality control program and retaining an expert to conduct a comprehensive evaluation of Sonar’s operations.
As noted in the complaint, FDA inspections of Sonar’s facility in 2014 and 2015, and Stratus’s facility in 2014, revealed violations of current good manufacturing practices that demonstrated a lack of quality oversight of the manufacturing, processing, and testing of drugs such that, if they continued, posed a threat to the public health. The complaint alleged, for example, that Sonar failed to reject drug products that did not meet established standards or specifications. Sonar also knew that some products were exceeding microbial limits and contained objectionable microorganisms, but did not thoroughly investigate the cause of such problems, and instead released the products to the market.
Also, according to the complaint, several products manufactured by Sonar were recalled in 2015 for microbial contamination, and an inspection concluded Stratus did not have the proper controls in place or possess adequate quality oversight to assure that finished drug products meet established specifications for identity, strength, quality, and purity prior to release.
This matter was handled by Trial Attorneys Jacqueline Blaesi-Freed and Monica Groat of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney James Weinkle of the U.S. Attorney’s Office for the Southern District of Florida, with the assistance of Associate Chief Counsel for Enforcement Joshua Davenport of the FDA’s Office of General Counsel, Department of Health and Human Services.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Florida, visit its website at https://www.justice.gov/usao-sdfl.
Department of Justice Observes World Elder Abuse Awareness DayRead the Press Release
On World Elder Abuse Awareness Day, our nation joins the world in voicing our opposition to elder abuse, neglect, and financial exploitation. On this day, the Department of Justice extends its support to elder victims and their loved ones, recognizing with gratitude those who have committed their lives to protecting older Americans, and affirms its unwavering commitment to combatting elder mistreatment in all its forms.
The U.S. Census Bureau projects that that the population of Americans over 65 years of age will increase to 83.7 million in 2050, nearly double its estimated population of 43.1 million as of the most recent census. While many Americans are enjoying longer, healthier lives, far too many older Americans are suffering in the shadows. Some studies suggest that 10 percent of seniors may suffer some form of physical abuse, psychological or verbal abuse, sexual abuse, financial exploitation or neglect. Likewise, other studies suggest that older adults may suffer billions in losses as a result of financial fraud, and that being victimized by financial fraud could lead to higher rates of hospitalization and mortality.
“On World Elder Abuse Awareness Day, the Department of Justice gives voice to those who have suffered from elder abuse, neglect, fraud and exploitation and commits to supporting those who combat elder mistreatment every day,” said Attorney General Jeff Sessions. “The department is dedicated to actively working with our federal agency partners as well as state, local and international law enforcement, prosecutors and civil attorneys, counselors and case workers, and healthcare professionals to address the growing problem of crime targeting the nation’s seniors.”
The Department of Justice, through its Elder Justice Initiative, which includes the work of many Department components, is working on multiple fronts to protect older Americans from elder mistreatment. The Department has aggressively prosecuted mass mailing fraud schemes, such as Jamaican lottery and psychic scams, many of which are international in nature and target seniors. The Department also launched 10 regional Elder Justice Task Forces across the country in California, Georgia, Kansas, Kentucky, Iowa, Maryland, Ohio, Pennsylvania, Tennessee, and Washington to enhance the ability of federal, state, and local authorities to work together to combat elder financial fraud and to pursue those nursing homes that provide grossly substandard care to their Medicare and Medicaid residents. Additionally, in 2016, the Department’s Office for Victims of Crime and the Elder Justice Initiative, in partnership with the Corporation for National and Community Service, established the two-year Elder Justice AmeriCorps program, which received $2 million in Justice Department grant funding to provide legal assistance and support services to victims of elder abuse, neglect and exploitation. Lastly, the Department actively supports state and local efforts to prevent and combat elder abuse in a variety of ways, including:
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Helping older victims and their families by connecting them to available resources, assistance and information on its Elder Justice website: www.elderjustice.gov;
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Advancing our collective understanding of elder abuse through projects like the Elder Abuse Prevention Demonstration Project: www.justice.gov/elderjustice/pr/national-institute-justice-awards-funding-study-elder-abuse;
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Enhancing state and local efforts to combat and prevent elder abuse through the development and dissemination of training materials and resources for prosecutors, law enforcement, civil legal aid workers, victim specialists, and clinicians; and
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Raising public awareness of elder abuse and financial exploitation through the Elder Justice website, webinars, and public meetings.
While some progress has been made in stemming the tide of elder abuse and financial exploitation, there is so much that we still must accomplish. So, on this World Elder Abuse Awareness Day, we ask all Americans to join the Department of Justice in redoubling its efforts to prevent and combat all forms of elder abuse, neglect, and financial exploitation.
More information about the Department of Justice’s elder justice efforts can be found on its Elder Justice Website at https://www.justice.gov/elderjustice.
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Department of Justice Observes World Elder Abuse Awareness DayRead the Press Release
WASHINGTON - On World Elder Abuse Awareness Day, our nation joins the world in voicing our opposition to elder abuse, neglect, and financial exploitation. On this day, the Department of Justice extends its support to elder victims and their loved ones, recognizing with gratitude those who have committed their lives to protecting older Americans, and affirms its unwavering commitment to combatting elder mistreatment in all its forms.
The U.S. Census Bureau projects that the population of Americans over 65 years of age will increase to 83.7 million in 2050, nearly double its estimated population of 43.1 million as of the most recent census. While many Americans are enjoying longer, healthier lives, far too many older Americans are suffering in the shadows. Some studies suggest that 10 percent of seniors may suffer some form of physical abuse, psychological or verbal abuse, sexual abuse, financial exploitation or neglect. Likewise, other studies suggest that older adults may suffer billions in losses as a result of financial fraud, and that being victimized by financial fraud could lead to higher rates of hospitalization and mortality.
“On World Elder Abuse Awareness Day, the Department of Justice gives voice to those who have suffered from elder abuse, neglect, fraud and exploitation and commits to supporting those who combat elder mistreatment every day,” said Attorney General Jeff Sessions. “The department is dedicated to actively working with our federal agency partners as well as state, local and international law enforcement, prosecutors and civil attorneys, counselors and case workers, and healthcare professionals to address the growing problem of crime targeting the nation’s seniors.”
“The U.S. Attorney’s Office in the Western District of Washington is working with its state, local and tribal partners to protect seniors from abuse, neglect, fraud and exploitation,” said U.S. Attorney Annette L. Hayes. “We recently posted a new complaint form on our website that allows those who have information about elder abuse in our community to get it to law enforcement authorities so that it can be properly addressed.”
The Department of Justice, through its Elder Justice Initiative, which includes the work of many Department components, is working on multiple fronts to protect older Americans from elder mistreatment. The Department has aggressively prosecuted mass mailing fraud schemes, such as Jamaican lottery and psychic scams, many of which are international in nature and target seniors. The Department also launched 10 regional Elder Justice Task Forces across the country in California, Georgia, Kansas, Kentucky, Iowa, Maryland, Ohio, Pennsylvania, Tennessee, and Washington to enhance the ability of federal, state, and local authorities to work together to combat elder financial fraud and to pursue those nursing homes that provide grossly substandard care to their Medicare and Medicaid residents. Additionally, in 2016, the Department’s Office for Victims of Crime and the Elder Justice Initiative, in partnership with the Corporation for National and Community Service, established the two-year Elder Justice AmeriCorps program, which received $2 million in Justice Department grant funding to provide legal assistance and support services to victims of elder abuse, neglect and exploitation. Lastly, the Department actively supports state and local efforts to prevent and combat elder abuse in a variety of ways, including:
-
Helping older victims and their families by connecting them to available resources, assistance and information on its Elder Justice website: www.elderjustice.gov;
-
Advancing our collective understanding of elder abuse through projects like the Elder Abuse Prevention Demonstration Project: www.justice.gov/elderjustice/pr/national-institute-justice-awards-funding-study-elder-abuse;
-
Enhancing state and local efforts to combat and prevent elder abuse through the development and dissemination of training materials and resources for prosecutors, law enforcement, civil legal aid workers, victim specialists, and clinicians; and
-
Raising public awareness of elder abuse and financial exploitation through the Elder Justice website, webinars, and public meetings.
While some progress has been made in stemming the tide of elder abuse and financial exploitation, there is so much that we still must accomplish.So, on this World Elder Abuse Awareness Day, we ask all Americans to join the Department of Justice in redoubling its efforts to prevent and combat all forms of elder abuse, neglect, and financial exploitation.
More information about the Department of Justice’s elder justice efforts can be found on its Elder Justice Website at https://www.justice.gov/elderjustice.
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Denton County Man Guilty of Child Exploitation ViolationsRead the Press Release
SHERMAN, Texas — A 42-year-old Lewisville, Texas man has been found guilty of child exploitation charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston.
Jose Victor Hernandez-Cuellar was found guilty by a jury of production of child pornography. The verdict was reached on June 14, 2017, following a two-day trial before U.S. District Judge Amos Mazzant.
According to information presented in court, on Nov. 6, 2015, federal agents executed a search warrant at Hernandez’s residence based on a national investigation into individuals trading child pornography online. During the search, Hernandez advised agents that he had accessed the website for several years and obtained child pornography from it, but that his efforts were part of research for a story he was writing. During a forensic review of the seized devices, agents discovered images of child pornography that Hernandez had photographed. Agents spoke with Hernandez again and he admitted that he took the images of a minor child with a camera that he owned. Hernandez identified the child to law enforcement and stated he photographed the child at his residence in Lewisville.
Under federal statutes, Hernandez faces a minimum of 15 years and up to 30 years in federal prison. This is the maximum statutory sentence prescribed by Congress and is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being prosecuted 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 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 www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys Marisa Miller and Lesley Brooks.
Dallas County Woman Guilty in Drug Distribution ConspiracyRead the Press Release
TYLER, Texas – A 33-year-old Carrollton, Texas woman has pleaded guilty to federal drug conspiracy charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Nimrose Khan pleaded guilty to conspiracy to distribute and possession with intent to distribute Schedule I controlled substances, conspiracy to distribute and possession with intent to distribute controlled substance analogues, and engaging in monetary transactions. Khan entered her guilty plea today before U.S. Magistrate Judge K. Nicole Mitchell.
On Aug. 4, 2016, a combined task force of federal, state and local law enforcement executed federal arrest and search warrants in Plano, Carrollton, Dallas and Tyler, Texas as a result of a joint investigation by the U.S. Drug Enforcement Administration, Plano Police Department, Internal Revenue Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and Smith County Sheriff’s Office.
According to information presented in court, from at least April 2013, Khan and her co-defendants, conspired to distribute synthetic drugs at two retail establishments in the Eastern District of Texas: Minute Stop/Valero Gas Station located at 11874 Hwy 64 West in Tyler, Texas and Ashes Smokes and Tattoos located at 1428 Avenue K in Plano, Texas. Khan and four others were indicted by a federal grand jury on Aug. 3, 2016
Under federal statutes, Khan faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by DEA, Plano Police Department, IRS, ATF, and the Smith County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Mary Ann Cozby. #####
Crips Gang Member Convicted of Murder In-Aid-Of Racketeering, Multiple Robberies and Drug TraffickingRead the Press Release
Following five weeks of trial, a federal jury in Central Islip, New York, returned a guilty verdict today against Eric Smith, a Crips street gang member also known as “Esama” and “Esco,” on 11 counts, including murder in-aid-of racketeering, racketeering, Hobbs Act robbery, and conspiracy to murder rival gang members. Smith faces a mandatory term of life imprisonment when he is sentenced by United States District Judge Joanna Seybert.
The verdict was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation (FBI).
During the trial, the government proved that Smith was a ranking member of the Rollin’ 60s set of the Crips, a racketeering enterprise based in Roosevelt, New York, that engaged in murder, attempted murder, narcotics trafficking and firearms trafficking to maintain control of the Roosevelt community for nearly a decade. Smith, who nicknamed himself “Esama da Bomba” in reference to Osama Bin Laden, bragged on social media and to fellow gang members about being the gang’s “top shooter.” The evidence at trial showed Smith lived up to this title. In accordance with the gang’s “on sight” rule, which required members to attack the rival Bloods in Roosevelt whenever possible, using whatever means available, Smith participated in a dozen shootings of rival gang members or their homes. The evidence also showed that Smith shot a man outside a busy nightclub in Freeport and brazenly shot at rivals on residential streets. In addition, the evidence showed that Smith participated in a half dozen robberies with his fellow gang members to acquire cash and drugs for the gang to sell on the streets of Roosevelt.
Among the crimes Smith was convicted of was the December 15, 2010 murder of 19-year-old James McClenic, a member of the rival Bloods street gang. In that December 2010 murder, Smith, drove through the streets of Nassau County for hours, looking for McClenic. At approximately 6:20 p.m., Smith found McClenic sitting in a parked car in a crowded gas station on Hempstead Turnpike in Hempstead, New York. With innocent bystanders standing nearby, Smith, wearing a black ski mask and armed with a .40 caliber semi-automatic pistol, crept alongside the vehicle in which McClenic was a passenger, and opened fire into the vehicle at close range. Smith fatally shot McClenic in the neck.
According to the evidence, in the wake of the murder and after attempted retaliation by the Bloods against Smith and his fellow Crips, Smith and the leader of the Rollin’ 60s Crips, Raphael Osborne, dispatched younger members of their gang to retaliate. The younger Crips, acted at Smith’s direction, and fired more than a dozen shots into the home of McClenic’s grieving family on the day of the victim’s burial.
Smith was also convicted for his role in two robberies that he committed with the aid of fellow members of the Rollin’ 60s in the fall of 2010. The first robbery involved Smith and a fellow gang member stealing crack cocaine and cash from a victim he pistol-whipped in an effort to force the victim to disclose the location of the drugs. In the second robbery, Osborne directed Smith and fellow Rollin’ 60s members to the home of a drug dealer where Smith and a fellow gang member robbed the dealer of cash and drugs at gunpoint.
“The defendant’s crimes and those of his fellow gang members demonstrated a disregard for human life and the safety of citizens of the Roosevelt community. The defendant took a young man’s life because of his allegiance to a violent street gang. Such gangs like the Rollin’ 60s terrorize communities through violence and drug dealing,” stated Acting United States Attorney Rohde. “This Office, together with our law enforcement partners, will remain vigilant in bringing gang members to justice.” Ms. Rohde thanked the Nassau County District Attorney’s Office and the Nassau County Police Department for their assistance in the investigation.
“The subject in this case had such little regard for human life he took pride in killing people and terrorizing the community, so much so that he nicknamed himself glorifying one of the world’s worst terrorists, Osama bin Laden,” stated Assistant Director-in-Charge Sweeney. “Our FBI Long Island Gang Task Force won’t rest until we search out and stop every gang member who believes they are above the law and can get away with being such immoral criminals.”The government’s investigation has led to the arrest and conviction of more than 20 members and associates of the Rollin’ 60s Crips, including its founder Raphael Osborne who was sentenced in January 2017 to three life sentences plus 135 years. To date, ten defendants have been sentenced:
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June 21, 2016, Jahmani Hamilton was sentenced to a term of imprisonment of ten years;
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August 4, 2016, Kurtis Philip was sentenced to a term of imprisonment of ten years;
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August 5, 2016, Courtney Smith was sentenced to a term of imprisonment of ten years;
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September 23, 2016, Merlyn Benitez was sentenced to a term of imprisonment of ten years;
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October 13, 2016, Derick Hernandez was sentenced to a term of imprisonment of 20 years that will run consecutively to a four-year state sentence that he is presently serving;
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October 19, 2016, Kwame Lake was sentenced to a term of imprisonment of five years that will run consecutively to an eight-year state sentence that he is presently serving;
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November 4, 2016, Tyshawn Gitto was sentenced to 13 years’ imprisonment;
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January 13, 2017, Branden Short was sentenced to 30 months’ imprisonment;
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April 21, 2017, Rommel Lobban was sentenced to 15 years’ imprisonment; and
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April 25, 2017, Daquanne Nunn was sentenced to 13 years’ imprisonment;
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Nicole Boeckmann, Christopher C. Caffarone and Michael Maffei are in charge of the prosecution.
The Defendant:
ERIC SMITH (a/k/a Esama)
Age: 29
Roosevelt, Long Island
E.D.N.Y. Docket No. 14-CR264 (JS)
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Cleveland man sentenced to 26 years in prison for administering group that shared images of toddlers being tortured and sexually assaultedRead the Press Release
A Cleveland man was sentenced to more than 26 years in prison for administering a group that shared images of toddlers being tortured and sexually assaulted, said Acting U.S. Attorney David A. Sierleja.
Brian C. Keeling, 34, was sentenced to 320 months in prison by U.S. District Judge James Gwin. He pled guilty earlier this year to three counts -- advertising, possession of child pornography and receipt and distribution of depictions of minors engaged in sexually explicit conduct.
Keeling administered a group on Kik that shared images of child exploitation. The group was named “Toddlers” and had 50 members. Keeling posted messages to the group such as: “Wish we could find a babies group” and “who has some hardcore toddlers,” according to court documents.
Keeling possessed more than 30 movie files and hundreds of images of child pornography and sexual abuse, including a toddler bound by her ankles, which are secured to a rod, who is can be heard screaming while she it tortured and sexually abused, according to court documents.
This case is being prosecuted by Assistant United States Attorney Michael A. Sullivan following an investigation by the Cleveland office of the Department of Homeland Security, Homeland Security Investigations.
Citizen of Ghana and Canada Sentenced to 29 Months in Prison for Role in Gun Smuggling SchemeRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Joel A. Tetteh, 53, a citizen of Ghana and Canada, was sentenced to serve 29 months in prison for orchestrating a scheme in which he unlawfully purchased firearms in New Hampshire and smuggled them to Ghana.
According to court documents and statements in court, Tetteh purchased a total of six handguns from a federally licensed firearms dealer in Hooksett, New Hampshire on April 29, 2014, October 29, 2014, and May 6, 2015. In purchasing these handguns, Tetteh filled out a form in which he stated that he resided at a location in Merrimack, New Hampshire. A subsequent law enforcement investigation showed that this statement was false. At the time of the purchase, Tetteh was residing in Worcester, Massachusetts and never resided at the address in Merrimack. Under federal law, the firearms dealer could not have lawfully sold these firearms to the defendant because he was not a resident of New Hampshire.
During a subsequent interview with law enforcement officers, Tetteh acknowledged that he had purchased the guns and shipped them to Ghana inside motor vehicles. He further admitted that in 2012 he had arranged for another person to purchase two additional firearms in New Hampshire, which also were sent to Ghana.
The firearms that Tetteh purchased are defense articles that may not be exported without a license from the State Department. Tetteh did not have such a license.
Tetteh previously pleaded guilty on September 9, 2016, to three counts of making material false statements during the acquisition of a firearm, three counts of making false statements during the purchase of a firearm, and three counts of smuggling goods from the United States
“The United States Attorney’s Office will continue to work with our law enforcement partners to investigate and prosecute gun-related crimes.” Acting U.S. Attorney Farley said. “International gun smuggling is a serious crime that can lead to violent acts in other countries and undermine the stability of foreign governments. I commend the hard work of the law enforcement agents who investigated this significant case.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Homeland Security Investigations. It was prosecuted by Acting U.S. Attorney Farley.
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Chattanooga Man Sentenced for Solicitation to Burn Down a Mosque in Islamberg, New YorkRead the Press Release
Robert Doggart, 65, of Signal Mountain, Tennessee, was sentenced to 235 months in prison for soliciting another person to violate federal civil rights laws by burning down a mosque in Islamberg, a hamlet outside Hancock, New York, announced Attorney General Jeff Sessions and United States Attorney Nancy Stallard Harr of the Eastern District of Tennessee. Doggart also was found guilty of soliciting another person to commit arson.
Evidence presented at trial established that, in February 2015, the FBI learned through a confidential source that the defendant was recruiting people online to carry out an armed attack on Islamberg, a community that is home to a large Muslim population. Doggart arranged to meet with the confidential source in Nashville, where he discussed details of his plan to burn down a mosque, a school, and a cafeteria in Islamberg. Doggart showed the confidential source maps of Islamberg, laid out the number of guns and types of ammunition they would need to destroy the community, and discussed different ways to burn down a mosque and other buildings. Through a court order, the FBI also began intercepting Doggart’s phone calls during which Doggart solicited and recruited people to join him in his attack on Islamberg.
Doggart specifically targeted the mosque because it was a religious building, and he discussed burning it down or blowing it up with a Molotov cocktail or other explosive device. At trial, the jury heard recorded conversations in which Doggart repeatedly discussed killing people, including one in which Doggart said, “I don’t want to have to kill children, but there’s always collateral damage.”
“People of all faiths have the fundamental right to worship freely, and this administration will not tolerate attempts to violate that right,” said Attorney General Jeff Sessions. “The defendant solicited people to commit acts of violence in an effort to terrorize a community simply because of its Islamic faith. The Justice Department will continue to aggressively investigate and prosecute attacks against our faith-based communities.”
“The people of the Eastern District of Tennessee will not tolerate the type of threats and actions perpetrated by Doggart. The United States Attorney’s Office will aggressively prosecute those who seek to disrupt the safety of our community and others,” said U.S. Attorney Nancy Stallard Harr.
The case was investigated by the FBI’s Knoxville Division. This case was prosecuted by Trial Attorney Saeed A. Mody of the Civil Rights Division, Assistant U.S. Attorney Perry H. Piper of the Eastern District of Tennessee, and assisted by Trial Attorney Clement McGovern of the National Security Division’s Counterterrorism Section.
Chattanooga Man Sentenced for Solicitation to Burn Down A Mosque in Islamberg, New YorkRead the Press Release
CHATTANOOGA, Tenn. – On Wednesday, June 14, 2017, Robert Doggart, 65, of Signal Mountain, Tennessee, was sentenced by the Honorable Curtis L. Collier, Senior U.S. District Judge, to serve 235 months in prison for soliciting another person to violate federal civil rights laws by burning down a mosque in Islamberg, a hamlet outside Hancock, New York. Upon his release from prison, he will be supervised by the U.S. Probation Office for three years. Doggart was also found guilty of soliciting another person to commit arson.
Evidence presented at trial established that, in February 2015, the FBI learned through a confidential source that Doggart was recruiting people online to carry out an armed attack on Islamberg, a community that is home to a large Muslim population. Doggart arranged to meet with the confidential source in Nashville, where he discussed details of his plan to burn down a mosque, a school, and a cafeteria in Islamberg. He showed the confidential source maps of Islamberg, laid out the number of guns and types of ammunition they would need to destroy the community, and discussed different ways to burn down a mosque and other buildings. Through a court order, the FBI also began intercepting Doggart’s phone calls, during which he solicited and recruited people to join him in his attack on Islamberg.
Doggart specifically targeted the mosque because it was a religious building and he discussed burning it down or blowing it up with a Molotov cocktail or other explosive device. At trial, the jury heard recorded conversations in which Doggart repeatedly discussed killing people, including one in which Doggart said, “I don’t want to have to kill children, but there’s always collateral damage.”
“People of all faiths have the fundamental right to worship freely, and this administration will not tolerate attempts to violate that right,” said Attorney General Jeff Sessions. “The defendant solicited people to commit acts of violence in an effort to terrorize a community simply because of its Islamic faith. The Justice Department will continue to aggressively investigate and prosecute attacks against our faith-based communities.”
“The people of the Eastern District of Tennessee will not tolerate the type of threats and actions perpetrated by Doggart. The United States Attorney’s Office will aggressively prosecute those who seek to disrupt the safety of our community and others,” said U.S. Attorney Nancy Stallard Harr.
Special Agent in Charge Renae McDermott of the Knoxville Division of the Federal Bureau of Investigation states that, “We are committed to investigating violations of federal civil rights statues. We prioritize civil rights investigations which are designed to protect all persons.”
The case was investigated by the FBI, Knoxville Division. Trial Attorney Saeed A. Mody of the Civil Rights Division, Assistant U.S. Attorney Perry H. Piper of the Eastern District of Tennessee, and Trial Attorney Clement McGovern of the National Security Division’s Counterterrorism Section, represented the United States at trial.
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Calvert City, Kentucky Men Charged with Intentionally Distributing U-4 Which Resulted in the Death of the UserRead the Press Release
sheppard_hardin_charged_0.pdfFirst defendants charged with U-4 distribution resulting in death,
in the Western District of Kentucky
LOUISVILLE, Ky. – Two Calvert City residents were charged by grand jury indictment this week with intentionally distributing U-4770 commonly known as U-4 or by its street name, “Pink”, a Schedule I controlled substance, to a person known as “T.M.” whose death and serious bodily injury resulted from the use of such substance, and serious bodily injury to K.M. resulted from the use of such substance announced United States Attorney John E. Kuhn, Jr.
“My Office is committed to attacking the supply of deadly opioids and bringing some measure of justice to the victims and their families,” stated United States Attorney John Kuhn. “These federal charges carry a mandatory 20-year sentence upon conviction, without the possibility of parole. This indictment and prosecution, we hope, will deter others who consider trafficking this poison.”
Defendants Jevan M. Sheppard, 25, and Thomas Jared Hardin, 23, both of Marshall County, were charged by grand jury indictment on June 13, 2017. The indictment was unsealed today during initial appearances before Magistrate Judge Lanny King.
Sheppard and Hardin, were charged in a five count indictment with conspiring with one another to possess and intentionally distribute U-4 a Schedule I controlled substance. The death of T.M. resulted from the use of such substance and serious bodily injury to K.M. resulted from the use of the substance. The alleged activity took place between November 14, 2016 and March 22, 2017 in Marshall County, Kentucky.
Further, on March 13 and March 14, 2017, in Marshall County, Sheppard and Hardin are each charged with knowingly and intentionally distributing U-4, and the death of T.M. resulted from the use of such substance and serious bodily injury to K.M. resulted from the use of the substance.
Also, Sheppard is charged with a single count of possession with the intent to distribute U-4 on March 22, 2017 and with a single count of knowingly and intentionally importing into the United States, from China, an amount of U-4, a Schedule I controlled substance, and the death of T.M. resulted from the use of such substance and serious bodily injury to K.M. resulted from the use of the substance.
If convicted of the charges in the grand jury indictment, both defendants could be sentenced to no less than 20 years in prison, and up to and including a life sentence, fined no more than $1,000,000 and serve no less than a three year period of supervised release.
This case is being prosecuted by Assistant United States Attorney Seth Hancock. The case is being investigated by the United States Drug Enforcement Administration (DEA), the Marshall County Sheriff’s Office, the McCracken County Sheriff’s Department, Paducah Police Department, and the Calvert City Police Department, with assistance from the Marshall County Attorney, the Commonwealth’s Attorney for Marshall County, and U.S. Customs and Border Protection.
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The charge of a person by Grand Jury Indictment is an accusation only and that person is presumed innocent until and unless proven guilty.
California Man Sentenced to 45 Months in Prison for Leading Cell-Phone Fraud SchemeRead the Press Release
BOISE – Jeromy Reeves, 27, of Fullerton, California, was sentenced to 45 months in prison for using fake drivers’ licenses to fraudulently obtain approximately $24,000 of iPhones at local wireless retailers, Acting U.S. Attorney Rafael Gonzalez announced. Senior U.S. District Judge Edward J. Lodge also sentenced Reeves to three years of supervised release.
On September 15, 2016, a federal jury indicted Reeves and co-defendants Brittany Terry, Karina Flores, and Joseph Jancu for their roles in the scheme. All defendants have pleaded guilty, with Reeves pleading guilty both to wire fraud and aggravated identity theft. Terry and Flores pleaded guilty to wire fraud. Jancu pleaded guilty to misprision of a felony.
According to the defendants’ plea agreements, Reeves obtained real driver’s license information of California residents and fraudulently changed them to contain photos of Terry and Flores. He then brought the group to Idaho where he directed Terry and Flores to use the fake IDs to obtain iPhones at local wireless stores by signing up for service contracts. The phones were provided to Terry and Flores but the costs were billed to the victims as part of the fraudulent contracts. Jancu drove the group around town and provided support as they executed the scheme. Fortunately, the Boise Police Department detected the fraud and caught the defendants before they were able to flee town.
On June 14, 2017, Judge Lodge sentenced Terry to three years probation for her wire fraud conviction and Jancu to one year probation for his misprision of a felony conviction. Flores is set to be sentenced on June 22, 2017.
Wire fraud is punishable by up to 20 years in prison, a $250,000 fine, and three years of supervised release. Aggravated identity theft is punishable by a mandatory two years in prison, to be served consecutively to the sentence imposed for the underlying felony. Misprision of a felony is punishable by up to three years in prison.
The case was investigated by the Boise Police Department.
Buffalo Man Sentenced on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Rasheen Newkirk, 42, of Buffalo, NY, who was convicted of possession with intent to distribute heroin and being a felon in possession of a firearm and ammunition, was sentenced to 151 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorneys Wei Xiang and Patricia Astorga, who handled the case, stated that on December 11, 2013, Newkirk was arrested by Drug Enforcement Administration special agents in Buffalo. The defendant was identified through an investigative lead that was developed by DEA agents in Ohio, where a Chicago-based courier transporting a load of heroin was intercepted by an Ohio State Highway Patrol trooper.
A search of Newkirk’s house in Buffalo yielded, among other evidence, a quantity of heroin, 205 glassine envelopes, and a loaded Glock handgun. The defendant served a 112-month sentence for a previous federal firearm conviction and was prohibited from legally possessing any firearm and ammunition.
The plea is the result of an investigation by the Drug Enforcement Administration Resident Offices in Buffalo, Toledo, Ohio, and Chicago, Illinois, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, and the Ohio State Highway Patrol.
Brooklyn New York Man Sentenced to Ten Years Imprisonment for Conspiracy to Distribute Heroin and Crack Cocaine in Rutland AreaRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Joel Joyce (a.k.a. “Prince”), 27, of Brooklyn, New York was sentenced to ten years imprisonment by U.S. District Judge Geoffrey Crawford for his role as a leader in a conspiracy to distribute large amounts of cocaine base and heroin in Rutland County.
On December 23, 2016, after a one-week trial, a federal jury convicted Joyce of conspiracy to distribute heroin and 28 grams or more of cocaine base in the Rutland area. The minimum term of imprisonment for this offense is five years and the maximum term of imprisonment is 40 years. Judge Crawford imposed a 10-year term of imprisonment, and sentenced Joyce to a mandatory four-year term of supervised release, which will begin after Joyce serves the prison term.
According to the evidence presented at trial, Joyce used co-conspirators from Brooklyn, New York to bring heroin and crack cocaine from Brooklyn to the Rutland, Vermont area by bus and other means. Joyce then used drug addicts in the Rutland area to distribute the drugs and collect his money. The government presented evidence that Joyce and his coconspirators from New York would often stay at the homes of addicts in Rutland and West Rutland, and used these homes as a base of operations in which to operate Joyce’s drug trafficking enterprise. Joyce paid the addict hosts heroin and crack cocaine for assisting him. One female witness testified at trial that Joyce would “sit around” her State Street, Rutland apartment and “smoke weed while I went and did [drug] deals for him.” The government also presented evidence at trial showing that Joyce made tens of thousands of dollars selling drugs in the Rutland area. Joyce often managed the drug trafficking operation in Rutland by cell phone while he was in Brooklyn, New York.
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Vermont State Police Drug Task Force. The United States is represented by Assistant U.S. Attorneys Joe Perella and Jon Ophardt. The defendant is represented by David Williams, Esq. of Burlington.
Bridgeport Man Charged with Distributing CarfentanilRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration for New England, and Norwalk Police Chief Thomas Kulhawik today announced that CHARLES THELUSMA, 43, formerly of Bridgeport, has been arrested on a federal criminal complaint charging him with possession with intent to distribute, and distribution of, heroin, carfentanil and U47700.
Carfentanil is an opioid that is 10,000 times more potent than morphine and 100 times more potent than fentanyl, which is itself 50 times more potent than heroin. It is typically used as a tranquilizing agent for elephants and other large mammals. U47700 is a synthetic opioid that is approximately seven times stronger than morphine.
As alleged in court documents, on two occasions in March and May 2017, law enforcement coordinated a controlled purchases of heroin from THELUSMA. In both instances, an individual working for THELUSMA completed the drug transactions at predetermined locations in Bridgeport. On May 24, 2017, law enforcement conducted a controlled purchase of three bundles heroin (30 dose bags) from THELUSMA in exchange for $200. THELUSMA directed the purchaser to a hotel in Elmsford, N.Y. to complete the transaction. Laboratory analysis of the drugs purchased on May 24 confirmed the presence of heroin, carfentanil and U47700.
THELUSMA was arrested on June 13, 2017, at the hotel in Elmsford, where he had been residing. He appeared yesterday before U.S. Magistrate Judge William I. Garfinkel in Bridgeport and was ordered detained. The charge carries a maximum term of imprisonment of 20 years.
“This is the first federal prosecution involving carfentanil in Connecticut,” said U.S. Attorney Daly. “We will continue to devote numerous federal resources to battle the scourge of opioid abuse and distribution, and our commitment becomes stronger as these illegal drugs become more sinister and deadly. This investigation is ongoing.”
“Those suffering from opioid addiction need access to treatment and recovery,” said DEA Special Agent in Charge Ferguson. “But those responsible for the distribution of heroin and deadly synthetic opioids like carfentanil and U-47700 need to be held accountable for their actions. This investigation demonstrates the strength of collaborative law enforcement in Connecticut and our strong partnership with the U.S. Attorney’s Office to aggressively seek and bring to justice anyone who distributes these poisons.”
“I would like to commend my officers for their excellent work on following up with this investigation in regards to this very dangerous drug,” said Chief Kulhawik. “I also thank the DEA and U.S. Attorney’s Office for their valuable assistance and partnership in working on this case which lead to the arrest.”
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter stems from an ongoing statewide initiative targeting narcotics dealers who distribute heroin, fentanyl or opioids that cause death or serious injury to users.
This matter is being investigated by the Drug Enforcement Administration’s Bridgeport High Intensity Drug Trafficking Area Task Force (HIDTA) and Norwalk Police Department. The HIDTA Task Force includes participants from the Connecticut State Police and the Norwalk, Stamford, Stratford, Milford and Bridgeport Police Departments. The case is being prosecuted by Assistant U.S. Attorney Amy C. Brown.
Boynton Beach Man Charged Federally for Sex Trafficking, Producing Child Pornography, and Enticing a MinorRead the Press Release
A Boynton Beach resident was detained today after being charged federally for sex trafficking, producing child pornography, and enticing a minor.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s, Homeland Security Investigations, (ICE-HSI), and Jeffrey S. Katz, Chief of Police, Boynton Beach Police Department, (BBPD), made the announcement.
Marco Vinicio Orrego, 31, of Boynton Beach, Florida, was indicted on charges of sex trafficking a minor, in violation of Title 18, United States Code, Section 1591(a), production of child pornography, in violation of Title 18, United States Code, Section 2251(a), distribution of child pornography, in violation of Title 18, United States Code, Section 2252(a)(2), and enticing a minor to engage in sexual activity, in violation of Title 18, United States Code, Section 2422(b) (Case No. 17-CR-XXX). If convicted, defendant Orrego faces a statutory maximum sentence of life in prison. Orrego is currently being detained pending trial.
According to court records, including the indictment, from May 2 through May 6, 2017, Orrego prostituted a sixteen-year-old girl using Backpage.com. He provided her transportation and a hotel for these illicit activities, taking all of the proceeds for himself. Additionally, Orrego, had sex with the minor during that same period created videos of the sexual abuse and texted the child pornography to another person.
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 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 www.projectsafechildhood.gov.
Mr. Greenberg commended the investigation efforts of ICE-HSI and the Boynton Beach Police Department. This case is being prosecuted by Assistant United States Attorney Gregory Schiller.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty in a court of law.
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.
Boston Man Arrested and Charged with Robbing Bank in Downtown BostonRead the Press Release
BOSTON – A Boston man was charged in federal court in Boston yesterday with bank robbery.
Thomas W. Nee, 46, was charged with robbing the Randolph Savings Bank on School Street in Boston on May 22, 2017. He was detained following an initial appearance before U.S. District Court Magistrate Judge Jennifer C. Boal.
According to court documents, Nee entered the Randolph Savings Bank and handed a bank teller a note that read: THIS IS A ROBBERY GIVE ME ALL 100’s 50’s 20’s “NO DYE PACK.” The teller then gave Nee $5,010 in cash. The robbery was captured on bank surveillance video.
Nee was arrested on unrelated state charges outside of Fenway Park on June 12, 2017. It is alleged that during questioning with a federal agent, Nee confessed to the Randolph Savings Bank robbery as well as other unsolved bank robberies.
The charge provides for a sentence of no greater than 20 years in prison, three years of supervised released, and a fine of up to $250,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation’s Boston Field Office, made the announcement today. Assistant U.S. Attorney Christine Wichers of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Boise Man Pleads Guilty to Possession of Child PornographyRead the Press Release
BOISE – Jerrell Charles Keeley, 59, of Boise, pleaded guilty yesterday in United States District Court to possession of child pornography, Acting U.S. Attorney Rafael Gonzalez announced.
According to the plea agreement, in June of 2014, law enforcement in Ada County arrested Keeley for several criminal violations and booked him into the Ada County Jail. While incarcerated, Keeley called an acquaintance and requested he collect Keeley’s personal belongings from his residence. Keeley requested the acquaintance “throw away” some “inappropriate stuff” that was at the residence, and requested that he “drill holes” through his CDs, “erase” his zip drives and computer hard drives, and “throw them all.” Keeley’s acquaintance took Keeley’s personal belongings, including his computers, and stored them at a residence in Wilder, Idaho. The owner of that residence later observed images of child pornography in boxes containing Keeley’s belongings, and notified the Canyon County Sheriff’s Office and the Boise Police Department.
A detective with the Boise Police Department applied for a search warrant to search the electronic devices, which was signed by a State of Idaho Magistrate Judge. A computer forensics agent with Homeland Security Investigations examined the electronic devices and discovered at least 268 images and 10 videos containing child pornography, websites and search terms in the internet browser history indicative of child pornography, and identifying information showing Keeley owned and used the computers. The National Center for Missing and Exploited Children identified 122 images and 10 videos as depicting known child pornography victims.
Sentencing is set for August 31, 2017, before Chief U.S. District Judge B. Lynn Winmill. Possession of child pornography is punishable by up to 20 years imprisonment, a $250,000 fine, a term of supervised release of not less than five years and up to life, and a $5,000 special assessment. As part of his plea, Keeley also agreed to forfeit the computers and electronic storage devices used in the commission of the charged offense.
The case was investigated by the Boise Police Department, the Canyon County Sheriff’s Office, and Homeland Security Investigations, and was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
Bala Cynwyd Man Sentenced to Prison for Hacking Computers of Public UtilitiesRead the Press Release
Adam Flanagan, 42, of Bala Cynwyd, PA was sentenced yesterday by the Hon. Paul Diamond to 12 months, 1 day in prison, based upon his plea of guilty to two counts of unauthorized access to a protected computer and thereby recklessly causing damage, announced Acting United States Attorney Louis D. Lappen. Flanagan was indicted on November 22, 2016, arrested without incident on November 23, 2016, and plead guilty on March 7, 2017.
Flanagan had worked as a radio frequency engineer for a company that made remote meter readers for utility systems. These readers would receive radio signals from individual meters and then process the data for billing. In these instances, the remote readers were installed to read water meters in municipalities spread throughout the eastern United States. After the company terminated Flanagan, he used his knowledge of how these readers operate to gain access to them through the Internet and to disable them. The result was that the municipal water authorities had to send people out to read the individual meters because the billing data was inaccurate. In addition, Flanagan’s former employer had to expend a large amount of time to conduct forensic examinations of the readers to determine what had happened and how to fix the problems.
The advisory Sentencing Guidelines provide for enhanced sentences for attacks on computers involved with critical infrastructure, such as water systems. In this case, Judge Diamond applied the enhancement for interfering with computers used to maintain or operate a critical infrastructure. (The Guidelines also provide a more serious enhancement for computer attacks that cause a substantial disruption of a critical infrastructure.)
The case was investigated by the FBI offices in Raleigh, NC and Philadelphia PA. The investigation was initially handled by the U.S. Attorney’s Office for the Eastern District of North Carolina and then transferred to the U.S. Attorney’s Office for the Eastern District of Pennsylvania, when the defendant was identified as the intruder. Assistant U.S. Attorney Michael L. Levy handled the case.
Avondale Man Charged with Illegal Reentry After DeportationRead the Press Release
Alberto Cruz-Gonzalez, of Avondale, PA was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about May 11, 2017, Cruz-Gonzalez, an alien, and native and citizen of Mexico, was found in the United States after having been deported from the United States on or about November 17, 2015, November 22, 2015, March 6, 2016, April 4, 2016, and June 2, 2016.
If convicted the defendant faces a maximum possible sentence of two years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Eric L. Gibson.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Alien Sentenced to 50 Months in Federal Prison After He Illegally Reentered the United StatesRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday has sentenced Martin Tejada-Galvan (48) to four years and two months in federal prison for offenses related to his illegal reentry into the United States after prior deportations. He was previously convicted in Texas for the same conduct in 2014. The sentence imposed this week includes a 3-year sentence for illegal reentry and a consecutive 14-month sentence for violating the terms of his supervised release imposed after his Texas conviction. Tejada-Galvan pleaded guilty on March 22, 2017.
According to court documents, Tejada-Galvan is a citizen of Mexico and has been deported four times, most recently in 2014. He reentered the United States illegally after his deportation and was found in Hillsborough County after he was arrested for driving under the influence (“DUI”). Officers conducted a traffic stop after observing Tejada-Galvan’s vehicle going off the roadway and almost hitting multiple signs. He later pleaded guilty to the DUI offense, which is his fourth such conviction. Following his prison sentence, Tejada-Galvan is subject to deportation.
This case was investigated by U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations. It was prosecuted by Assistant United States Attorney Jennifer L. Peresie.
Albuquerque Felon Sentenced to Prison for Unlawfully Possessing a FirearmRead the Press Release
ALBUQUERQUE –Joshua Metts, 36, of Albuquerque, N.M., was sentenced today in federal court to 51 months in prison followed by three years of supervised release for unlawfully possessing a firearm.
Metts was charged with violating the Hobbs Act and federal firearms laws in an indictment filed in April 2015. In June 2016, a superseding indictment was filed that charged Metts with violating the Hobbs Act on Sept. 12, 2014, by robbing a commercial business in Albuquerque, and with being a felon in possession of a firearm on Oct. 2, 2014. According to the indictment, Metts was prohibited from possessing firearms or ammunition because of his prior felony convictions for aggravated fleeing of a law enforcement officer and trafficking a controlled substance.
Metts was arrested on the federal charges in June 2015, after he was transferred to federal custody from state custody where he was detained on related state charges. The state charges later were dismissed in favor of federal prosecution. In July 2016, the court severed the Hobbs Act charge from the felon in possession charge for the purposes of trial.
A federal jury found Metts guilty of being a felon in possession of a firearm after a two-day trial on Oct. 12, 2016. The evidence at trial established that APD officers arrested Metts on an outstanding state warrant on Oct. 2, 2014. After arresting Metts, the officers found a firearm in Metts’ vehicle; the firearm was wedged between the driver’s door and the driver’s seat. After Metts was convicted on the felon in possession charge, the U.S. Attorney’s Office moved to dismiss the Hobbs Act charge.
The case was investigated by the Albuquerque office of ATF and APD with assistance from the 2nd Judicial District Attorney’s Office. Assistant U.S. Attorneys Samuel A. Hurtado and Paul Mysliwiec prosecuted the case.
Acting Manhattan U.S. Attorney Settles Race Discrimination Lawsuit Against New York CityRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced today that the United States settled a federal civil rights lawsuit alleging that the CITY OF NEW YORK (the “City”), and specifically the NEW YORK CITY DEPARTMENT OF TRANSPORTATION (“NYCDOT”), violated Title VII of the Civil Rights Act of 1964 (“Title VII”) by engaging in a pattern or practice of racial discrimination and retaliation in its Fleet Services unit (“Fleet Services”). The consent decree was approved yesterday by U.S. District Judge John G. Koeltl.
Acting U.S. Attorney Joon H. Kim said: “For almost a decade, in clear violation of federal law, supervisors in New York City’s Department of Transportation engaged in a pattern and practice of discrimination against racial minorities. They tolerated the use of racial epithets, systematically excluded racial minorities from preferred assignments, and discriminated against minority candidates for promotions. When the discrimination was brought to the attention of the Department of Transportation’s management, they inexcusably failed to take proper corrective action, and retaliated against those brave enough to speak out. This type of workplace discrimination is unacceptable, plain and simple, not now, not ever. This settlement reflects the Office’s continued commitment to vigorously enforcing our nation’s civil rights laws.”
The Complaint, which was filed in Manhattan federal court on January 18, 2017, alleges that from at least October 2007 through May 2016, Fleet Services management engaged in a pattern or practice of racial discrimination in violation of Title VII. Fleet Services is a unit within NYCDOT that employs approximately 200 individuals in a range of trades, such as machinists, auto mechanics, electricians, blacksmiths, and engineers. Specifically, the Complaint alleges that:
As of October 2007, all personnel within Fleet Services reported to an individual (“Executive Director I”) who routinely and openly used racial epithets, such as “monkey,” “nigger,” and “gorilla” to describe African American employees. In addition to overseeing all of Fleet Services operations, Executive Director I also served as the Equal Employment Opportunity (“EEO”) counselor to whom complaints of discrimination were directed. One illustrative example of Executive Director I’s conduct involved an incident where, in response to an African American employee’s request for a cell phone, Executive Director I stated, “that nigger gets nothing.”
In October 2009, NYCDOT’s EEO Office (“NYCDOT EEO”) received a complaint alleging that Executive Director I had engaged in race discrimination. In the course of investigating the complaint, NYCDOT EEO interviewed numerous current NYCDOT employees who stated that Executive Director I had routinely used racial epithets to describe African Americans. Following its investigation, NYCDOT EEO recommended that Executive Director I be demoted, suspended, and removed from his responsibilities as a NYCDOT EEO counselor. In response, Executive Director I chose to voluntarily retire. However, the Deputy Commissioner overseeing Fleet Services then promoted the individual who had been Executive Director I’s second-in-command (“Executive Director II”), who was complicit in the discrimination, to serve as the Executive Director of Fleet Services.
Beginning in 2010, and throughout his tenure, Executive Director II routinely and systematically excluded minorities from preferred assignments and special projects. Executive Director II instead exclusively chose white candidates for the assignments that would provide the best opportunity for further advancement within Fleet Services. Furthermore, at some point in 2010, and then again in 2013, NYCDOT took steps to promote auto mechanics to supervisory positions. In spite of a large number of minority applicants, including minority applicants who were already serving in a supervisory capacity within NYCDOT, only one minority candidate was ever selected for promotion. Rather, NYCDOT management actively took steps that discriminated against minority applicants and promoted the candidacy of white applicants. These steps included imposing new pretextual requirements for promotion and removing from decision-making those supervisors who advocated for minority candidates.
Throughout all time periods relevant to the Complaint, individuals who spoke out against the discriminatory practices at Fleet Services were subjected to retaliatory conduct by Executive Director II. Such retaliatory conduct included Executive Director II threatening to take an African American Fleet Services employee outside to “kick” his “fucking ass” when the employee complained about the discrimination in the promotion selection process. Several other members of Fleet Services’ executive leadership witnessed that threat and yet failed to take any action to discipline Executive Director II.
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Under the consent decree approved by the Court, the City has agreed to offer monetary compensation to 14 individuals who the City agrees are entitled to relief. These individuals are entitled to back pay and compensatory damages awards ranging from $60,000 to in excess of $168,000. In addition, the City has agreed to pay the complainant who brought this case to the attention of the Equal Employment Opportunity Commission (the “Complainant”) a total of $150,000 in compensatory damages and attorney’s fees. The City will also offer the Complainant and two other minority candidates, all of whom were promoted by the City after the U.S. Attorney’s Office informed the City of its investigation, retroactive seniority benefits commensurate with having been promoted during the time period relevant to the Complaint. The consent decree also requires the City to take steps to ensure that it complies with Title VII in its future promotional selection processes.
As part of the consent decree, the City also stipulates to admissions of fact relating to the allegations in the Complaint. These admissions include that:
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During a 2009 investigation into allegations of racial discrimination, employees reported to the City that Executive Director I had used racial epithets to describe African American employees and had taken personnel actions that were motivated by racial animus.
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At the time of his retirement, Executive Director I had never been subject to any formal disciplinary sanctions imposed by the City.
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During the time he served as the Executive Director of Fleet Services, Executive Director II instructed the Complainant’s direct supervisor to reassign Complainant’s supervisory duties to a non-minority auto mechanic who had fewer years of experience as an auto mechanic than Complainant. Executive Director II gave this instruction over the expressed preference of Complainant’s direct supervisor.
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During Executive Director II’s tenure, non-minority applicants were selected for promotion over minority applicants, even when the minority applicants had more years of automotive experience and had been serving in a supervisory capacity without commensurate compensation or title.
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When management employees challenged Executive Director II’s promotional decisions, they were removed from the promotional decision-making process. Moreover, when a non-management employee accused Executive Director II of discriminating against racial minorities within Fleet Services, Executive Director II verbally threatened the employee, including a threat of physical violence. This verbal threat of physical violence was made in the presence of several other supervisory personnel within Fleet Services.
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Up until June 2, 2016, the date on which the City was informed that the U.S. Attorney’s Office had conducted an investigation regarding the allegations in the Complaint, Executive Director II continued to serve as the Executive Director of Fleet Services.
Mr. Kim thanked the Equal Employment Opportunity Commission for its initial investigation of the Complaint.
The case is being handled by the Office’s Civil Rights Unit. Assistant United States Attorney Jessica Jean Hu is in charge of the case.
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14 June 2017
U.S. Attorney’s Office Reaches Agreements with Local Restaurants over ADA ComplianceRead the Press Release
BOSTON – Acting U.S. Attorney William D. Weinreb announced that 13 restaurants located in the Seaport and Fort Point neighborhoods of Boston have resolved accessibility issues discovered during compliance reviews.
“As places of public accommodation, restaurants must ensure that their construction and operation comply with all requirements of the American with Disabilities Act, and that they provide equal access for all people,” said Acting U.S. Attorney Weinreb. “These restaurants have quickly and cooperatively worked to address the ADA violations discovered during our investigation, which will enable all prospective patrons to dine at their establishments.”
Weinreb’s Civil Rights Unit began compliance reviews in June 2015 with site visits to 18 restaurants in Boston’s Seaport and Fort Point neighborhoods to determine whether the restaurants were operating in compliance with the Americans with Disabilities Act of 1990 (ADA). Seven restaurants - Atlantic Beer Garden, the Barking Crab, Barlow’s, Bastille Kitchen, the Daily Catch, Del Frisco’s, and Row 34 - have entered into voluntary compliance agreements to address issues of accessibility highlighted during the site visits. The U.S. Attorney’s Office closed the compliance reviews of these restaurants after determining that they made the agreed-upon changes and achieved compliance. Among the changes made by the restaurants were the installation of accessible tables in dining areas, modification of bar surfaces for wheelchair access, removal of architectural barriers, and installation of directional signage required by the ADA.
Six other restaurants were determined only to require relatively minor work in order to achieve compliance with the ADA. Those restaurants are Empire, Morton’s Steakhouse, Legal Harborside, Temazcal Tequila Cantina, Babbo Pizzeria, and Gather.
Federal law requires public accommodations, including restaurants, to provide individuals with disabilities equal access to facilities. The ADA authorizes the U.S. Department of Justice and the U.S. Attorney’s Office to undertake periodic reviews of covered establishments. For more information on the ADA, visit www.ADA.gov.
These matters were handled by Assistant U.S. Attorney Jennifer Serafyn, Chief of Weinreb’s Civil Rights Unit, Assistant U.S. Attorney Michelle Leung, and Special Assistant U.S. Attorney Gregory Dorchak.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
Two Sex Offenders Sentenced to Combined 39 Years in Federal PrisonRead the Press Release
Fort Smith, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Johnny Wayne Callen, age 49, of Harrison, Arkansas, was sentenced today to 355 months in federal prison on one count of Enticing a Minor to Engage in Criminal Sexual Activity. Greg Chiello, age 47, of Harrison, Arkansas, was sentenced to 120 months in federal prison on one count of Accessing a Device with Intent to View Child Pornography. The Honorable Chief Judge P.K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, in June of 2016, the Harrison Police Department began investigating Callen for soliciting minors online to produce sexually explicit images. After obtaining a search warrant for Callen’s Facebook records, law enforcement determined that Callen specifically exchanged sexually explicit images with a 14-year old minor. In February of this year, Callen pleaded guilty in federal court. At sentencing, the Government presented the Court with proof that Callen had previously been convicted of Rape.
According to court records, in June of 2016, the Berryville Police Department received reports that Chiello was in possession of a cellular phone that contained images of minors being sexually abused. Chiello was subsequently located and arrested by the Berryville Police Department. An examination of his cellular devices revealed over 800 images of child pornography that were deleted from Chiello’s phone just prior to his arrest. Chiello pleaded guilty in February of this year. At sentencing, the Government presented the Court proof that Chiello had previously been convicted of a Child Pornography related offense.
These cases were investigated by the Harrison Police Department, the Berryville Police Department, and Homeland Security Investigations. Assistant United States Attorney Dustin Roberts prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Two Men Who Defrauded Banks in Connection with USDA Export Financing Program Sentenced to PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that two men involved in a multimillion dollar scheme to defraud banks participating in a USDA-backed export financing program were sentenced yesterday in New Haven federal court. Chief U.S. District Janet C. Hall sentenced BRETT C. LILLEMOE, 47, of Minneapolis, Minn., to 15 months of imprisonment and PABLO CALDERON, 61, Darien, Conn., to five months of imprisonment and five months of home confinement. Chief Judge Hall also ordered both men to serve a three-year term of supervised release, and to pay restitution in the amount of $18 million and forfeit more than $1.5 million of ill-gotten gains.
On November 9, 2016, a federal jury convicted LILLEMOE and CALDERON of conspiracy and fraud offenses. According to court documents, statements made in court and the evidence introduced during the trial, LILLEMOE and CALDERON submitted fraudulent documents to two United States banks in connection with a USDA loan guarantee program by which the USDA provides credit guarantees. The credit guarantees are part of the USDA Export Credit Guarantee Program (GSM-102), which is designed to encourage financing of commercial exports of U.S. agricultural products. The GSM-102 program guarantees credit extended by U.S. financial institutions to approved foreign banks. As part of the program, the Commodity Credit Corporation (CCC), which is an agency and instrumentality of the USDA, enters into payment guarantees (“credit guarantees”) with the goal of encouraging exports of U.S. agricultural products, including products of American farmers and American ranchers.
The credit guarantees are designed to encourage exports to buyers in foreign countries – mainly developing countries. The program operates in cases where credit is necessary to increase or maintain U.S. exports to a foreign market and where U.S. financial institutions might otherwise be unwilling to provide financing without the guarantee backed by the U.S. government. In providing the credit guarantee facility, the CCC seeks to expand market opportunities for U.S. agricultural exporters and assist long-term market development for U.S. agricultural commodities.
In connection with the GSM-102 program, a foreign importer that has contracted to buy U.S. agricultural products can apply for a letter of credit (“LOC”) from a foreign bank that has been approved by the USDA’s Foreign Agricultural Service (FAS). The foreign bank then issues a letter of credit in favor of the U.S. exporter. The U.S. exporter then, consistent with the requirements of the GSM-102 program, presents proper shipping documents to an approved U.S. financial institution, including a copy of an original bill of lading, certificate of origin, and evidence of export. The U.S. financial institution then provides funds to the U.S. exporter which, in exchange, assigns the rights to the proceeds payable under the letter of credit from the foreign bank to the U.S. financial institution in the same dollar-denominated amount, less any fees. If the foreign bank defaults on its payments to the U.S. financial institution, the U.S. financial institution may submit a claim to the USDA FAS under the guarantee for up to 98 percent of the payment amount owed at the time of the default.
Between September 2007 and January 2012, LILLEMOE, CALDERON and others defrauded various U.S. financial institutions, including Deutsche Bank A.G. and Colorado-based CoBank ACB, by presenting false and altered shipping documents, including altered bills of lading, in connection with securing funding on loans guaranteed by the GSM-102. As part of the scheme, LILLEMOE and CALDERON established multiple entities with separate names for the purpose of obtaining a greater share of the allocation of guarantees from the GSM-102 program, and used multiple bank accounts in the names of the various entities in order to further create the appearance that the entities were operating as separate and unrelated entities. The defendants then, in various ways, paid for, or otherwise acquired, bills of lading and other shipping documents for shipments of agricultural products that they did not physically ship and for which they did not participate in the physical movement of the products in any capacity.
LILLEMOE entered into agreements with foreign banks, including International Industrial Bank (IIB) in Russia, to provide them capital that would be made available to them from a U.S. financial institution through the use of the GSM-102 program. LILLEMOE subsequently obtained letters of credit from the foreign banks. LILLEMOE, CALDERON and others then altered copies of certain shipping documents, including bills of lading marked “Copy non negotiable,” by whiting out portions of the documents, stamping the word “original” on the documents, and adding shading on certain sections of the bills of lading. The defendants also prepared and executed documents termed “commercial invoices” purporting to represent sales of agricultural commodities between entities that they controlled, as well as between entities that they controlled and other entities.
The defendants then used these fraudulent documents to obtain millions of dollars from U.S. banks in connection with the GSM-102 program, and then provided the funds to the foreign banks in exchange for a percentage fee for themselves and their various entities. Although the foreign banks were contractually obligated to repay the funds to the U.S. by virtue of the letters of credit issued to the U.S. financial institutions, in a number of instances, the banks failed to do so. Nevertheless, LILLEMOE, CALDERON and their various entities retained more than $2.2 million in fees they had collected in connection with the GSM-102 transactions and in some instances, sent a portion of those fees to various financial backers in places such as Singapore.
The foreign banks defaulted on more than $25 million of the many loans guaranteed as a result of LILLEMOE and CALDERON’s scheme. Those losses, which were originally suffered by the victim U.S. banks, were ultimately reimbursed by the USDA because of the GSM-102 guarantees.
After a month-long trial, the jury found LILLEMOE and CALDERON guilty of one count of conspiracy to commit wire fraud and bank fraud, and LILLEMOE guilty of five counts and CALDERON guilty of one count of wire fraud.
This matter was investigated by the Federal Bureau of Investigation, Internal Revenue Service – Criminal Investigation Division and U.S. Department of Agriculture, Office of Inspector General. The case was prosecuted by Assistant U.S. Attorneys Michael S. McGarry, John H. Durham and John T. Pierpont, Jr.
Twenty Defendants Charged in White Plains Federal Court with Racketeering, Narcotics, and Firearms Offenses in Connection with the Southside Gang in NewburghRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, David M. Hoovler, the Orange County District Attorney, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Ashan M. Benedict, the New York Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”), Carl E. DuBois, Orange County Sherriff, and Joseph Cortez, the Acting Chief of the City of Newburgh Police Department, today announced the unsealing of an Indictment charging a total of 20 defendants with various racketeering, narcotics, and firearms offenses in connection with a street gang known as “Southside,” in Newburgh, New York.
Acting U.S. Attorney Joon H. Kim stated: “The defendants, members of the Southside gang, allegedly pumped dangerous drugs into their community and controlled their Newburgh neighborhoods with violence. Some of the defendants allegedly protected their drug territory with shootings. Today’s arrests stand as a testament to cooperation among our federal, state, and local partners and our shared commitment to stamping out gang violence and the drug trade in Newburgh.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. stated: “As alleged, evidence in this case shows the gang members arrested today by the FBI Hudson Valley Safe Streets Task Force used shooting other people as a way to maintain their standing in the gang. These gangs show no respect for human lives, and they have a direct impact on our communities. Our goal as law enforcement is to take out the leaders of these gangs, and make sure they can't recruit more members.”
ATF New York Special Agent in Charge Ashan M. Benedict stated: “The Southside gang and its members are alleged to be a criminal organization which spread poison on the streets of Newburgh. Some members are also alleged to have used firearms, with reckless and dangerous abandon, to protect their criminal operations, and to have engaged in other acts of violence. This investigation highlights how criminal gangs peddle violence and fear along with their narcotics. Thanks to the outstanding cooperative efforts of ATF, FBI, NPD, the U.S. Attorney’s Office, and the District Attorney’s Office, the City of Newburgh is safer today than it was yesterday. Targeting and dismantling violent street gangs remains one of ATF’s top priorities, and today’s arrests should serve as a clear warning to the gangs and criminals that we in law enforcement know who you are, and that it is only a matter of time before you face the same fate as the defendants in this investigation.”
District Attorney David M. Hoovler stated: “Narcotics is the number one driver of all types of crimes, particularly those involving weapons and violence. It is only through the coordinated efforts of police and prosecutors, on both the federal and local level, that violent street gangs can be effectively eliminated. I am pleased that we were able to coordinate our efforts with the United States Attorney's Office on this operation, and look forward to working with our Federal and local law enforcement partners, as we continue to combat violent street gangs and the opioid epidemic.”
Orange County Sherriff Carl E. DuBois stated: “We are committed to continue the fight to clean up our communities and fight the war on drugs and gun violence with our partners in the Federal Bureau of Investigation.”
Acting Chief of the City of Newburgh Police Department Joseph Cortez stated: "Once again, the City of Newburgh Police has been able to work with our federal, state and county partners to investigate and arrest individuals responsible for extreme violence within our City. While leadership may change, this department’s commitment to keeping Newburgh safe is unwavering. Violence committed by a few that has the potential to hurt many cannot be tolerated. It takes the efforts of all of us, including the Safe Streets Task Force, the Orange County Sheriff’s Office, US Attorney’s Office and the Orange County District Attorney’s Office, to arrest and prosecute these individuals and continue our crime reduction efforts in Newburgh."
As alleged in the Indictment filed today in White Plains federal court[1]:
From at least 2014 through June 2017, SKYLAR DAVIS, a/k/a “S-Dot,” ARDAE HINES, a/k/a “Young Money,” a/k/a “YM,” DAVONTE HAWKINS, a/k/a “Dirty D,” MICHAEL SIMMONS, a/k/a “LoSo,” DEMETRICE MCLEAN, a/k/a “Blocks,” a/k/a “Demit,” CHRISTOPHER DAVIS, a/k/a “Whitebread” DIAMANTE FRAZIER, a/k/a “Bro God,” DITAVIOUS WILLIAMS, a/k/a “Glock Doc,” DONTE NUGENT, a/k/a “Wildman,” CALVIN LEMBHARD, a/k/a “Forty,” and PARADISE BRANCH, a/k/a “Bigga,” a/k/a “Petey,” were all members of the Southside gang, whose territory centered around the intersection of South Street and Chambers Street in an area of Newburgh known as the “Southside.” In order to fund the gang, protect its territory, and promote its standing, members of Southside engaged in, among other things, narcotics trafficking, robbery, and acts involving murder. Southside members sold heroin, crack cocaine, and marijuana in the gang’s territory, promoted their gang affiliation on social media sites such as Facebook, possessed firearms, and engaged in shootings as part of their gang membership.
One of those shootings took place on or about December 11, 2015, when SKYLAR DAVIS, a/k/a “S-Dot,” shot at a car in which members of a rival Newburgh gang, known as the Yellow Tape Money Gang, or “YTMG,” were driving. Those shots caused the car to crash, which injured those YTMG members in the vicinity of South Street and Liberty Street in the City of Newburgh, New York.
Several members of the Southside gang also participated in conspiracies to distribute narcotics in and around Newburgh. In particular, HINES, FRAZIER, WILLIAMS, DONTE NUGENT, and BRANCH participated in a conspiracy with WILLIAM FENELL, a/k/a “Mills,” DAVANTE NUGENT, a/k/a “Trap God,” a/k/a “Tay Tay,” WILFREDO RUIZ, a/k/a “Pop,” and ROBERT ZUCHOWSKI to distribute more than one kilogram of heroin and/or more than 280 grams of crack cocaine from at least in or about 2012 up to and including in or about June 2017. TEVON ADAMS, a/k/a “Cooj,” DWIGHT McCARDLE a/k/a “Ike,” TRISTAN HILGERS, SETH BLAIN, and KYLE BLAIN participated in the same conspiracy, agreeing to distribute more than 100 grams of heroin and/or more than 28 grams of crack cocaine. Meanwhile, HINES and CHRISTOPHER DAVIS participated in separate a conspiracy to distribute more than 280 grams of crack cocaine from at least in or about 2014 up to and including in or about June 2017.
Between in or about 2015 and in or about May 2017, MCLEAN, FRAZIER, and LEMBHARD also possessed firearms in furtherance of the Southside racketeering conspiracy in which they all participated and the narcotics conspiracy in which FRAZIER participated.
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Eighteen defendants were taken into federal custody this morning. The defendants will be presented in White Plains federal court today before U.S. Magistrate Judge Paul E. Davison. MICHAEL SIMMONS and DWIGHT MCARDLE remain at large. The case has been assigned to U.S. District Judge Cathy Seibel.
Charts containing the names of the defendants who were charged today, and the charges and maximum penalties they face, are attached. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencings of the defendants would be determined by the respective judges.
Mr. Kim praised the outstanding investigative work of the FBI, ATF, the Orange County Sheriff’s Department, and the City of Newburgh Police Department. Mr. Kim thanked the Orange County District Attorney’s Office for its invaluable ongoing assistance in the case. Mr. Kim also thanked the Town of Newburgh Police Department, the New York State Police, the Town of New Windsor Police Department, and the New York Department of Corrections and Community Supervision for their assistance in the case.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Maurene Comey, Jacqueline Kelly, and Allison Nichols are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
United States v. Skylar Davis, et al., 17 Cr. 364
COUNT
CHARGES
DEFENDANT(S)
MAXIMUM PENALTIES
1
Racketeering Conspiracy
SKYLAR DAVIS,
a/k/a “S-Dot,”
ARDAE HINES,
a/k/a “Young Money,”
a/k/a “YM,”
DAVONTE HAWKINS,
a/k/a “Dirty D,”
MICHAEL SIMMONS,
a/k/a “LoSo,”
DEMETRICE MCLEAN,
a/k/a “Blocks,”
a/k/a “Demit,”
CHRISTOPHER DAVIS,
a/k/a “Whitebread”
DIAMANTE FRAZIER,
a/k/a “Bro God,”
DITAVIOUS WILLIAMS,
a/k/a “Glock Doc,”
DONTE NUGENT,
a/k/a “Wildman,”
CALVIN LEMBHARD,
a/k/a “Forty,” and
PARADISE BRANCH,
a/k/a “Bigga,”
a/k/a “Petey”
20 years in prison
2
Assault with a Deadly Weapon and Attempted Murder in Aid of Racketeering
SKYLAR DAVIS,
a/k/a “S-Dot”
20 years in prison
3
Narcotics Conspiracy
(Conspiracy to distribute and possess with intent to distribute 1 kilogram or more of heroin and/or 280 grams or more of crack cocaine.)
WILLIAM FENELL,
a/k/a “Mills,”
ARDAE HINES,
a/k/a “Young Money,”
a/k/a “YM,”
DIAMANTE FRAZIER,
a/k/a “Bro God,”
DITAVIOUS WILLIAMS,
a/k/a “Glock Doc,”
DONTE NUGENT,
a/k/a “Wildman,”
DAVANTE NUGENT,
a/k/a “Trap God,”
a/k/a “Tay Tay,”
PARADISE BRANCH,
a/k/a “Bigga,”
a/k/a “Petey”
WILFREDO RUIZ,
a/k/a “Pop,” and
ROBERT ZUCHOWSKI
Life in prison
Mandatory minimum:
10 years in prison
(Conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and/or 28 grams or more of crack cocaine.)
TEVON ADAMS,
a/k/a “Cooj,”
DWIGHT McCARDLE
a/k/a “Ike,”
TRISTAN HILGERS, SETH BLAIN, and
KYLE BLAIN
40 years in prison
Mandatory minimum:
5 years in prison
4
Narcotics Conspiracy
(Conspiracy to distribute and possess with intent to distribute 280 grams or more of crack cocaine.)
ARDAE HINES,
a/k/a “Young Money,”
a/k/a “YM,” and
CHRISTOPHER DAVIS,
a/k/a “Whitebread”
Life in prison
Mandatory minimum:
10 years in prison
5
Possession and discharge of a firearm in furtherance of a crime of violence
SKYLAR DAVIS,
a/k/a “S-Dot”
Life in prison
Mandatory minimum:
10 years in prison
6
Possession of a firearm in furtherance of a crime of violence or a drug trafficking crime
DEMETRICE MCLEAN,
a/k/a “Blocks,”
a/k/a “Demit,”
DIAMANTE FRAZIER,
a/k/a “Bro God,” and
CALVIN LEMBHARD,
a/k/a “Forty”
Life in prison
Mandatory minimum: five years in prison, to be imposed consecutively to any other sentence
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Statement by Deputy Attorney General Rod Rosenstein on the Shooting at the Congressional Baseball Practice in Alexandria, VARead the Press Release
Deputy Attorney General Rod Rosenstein today released the following statement on the shooting at the congressional baseball practice in Alexandria, VA:
“This morning, Members of Congress, Senators, congressional staffers, and Capitol Police officers were targets of a senseless and cowardly attack during a practice for a bi-partisan, charity baseball game. Our thoughts are with the victims and their families. We pray for their swift recovery. The Department of Justice will provide all resources necessary for a thorough investigation."
“I commend the heroic officers of the Capitol Police and the Alexandria Police Department. Their willingness to risk their lives to keep us safe is humbling and inspiring."
South Georgia Farmers to Pay up to $675,000 to Resolve False Claims Act SuitRead the Press Release
SAVANNAH, GA: Bacon County (Georgia) farmers Julian Rigby, Jasper Allen and Benjamin Swain, as well as several entities owned by Rigby, agreed to pay up to $675,000 to resolve allegations that they violated and conspired to violate the False Claims Act. This settlement is the first False Claims Act recovery involving the United States Department of Agriculture’s crop insurance program in the history of the Southern District of Georgia.
This settlement resulted from an investigation initiated by the United States Department of Agriculture (“USDA”). On July 1, 2016, the United States filed an action in the United States District Court for the Southern District of Georgia captioned United States of America v. Julian Rigby, et al., 5:16-CV-53. In its complaint, the United States contended that Rigby, Allen, and Swain misrepresented and conspired to misrepresent the individuals who had an insured interest in an attempt to obtain more favorable coverage. The United States also alleged that, after filing a claim for losses they supposedly suffered, Rigby, Allen, and Swain submitted and conspired to submit false and fraudulent documents to the USDA to ensure payment.
Acting United States Attorney James D. Durham said, “The federal crop insurance program serves an important role supporting farmers who suffer crop losses due to natural disasters. This United States Attorney’s Office will root out anyone who seeks to manipulate the crop insurance program for personal gain.”
“Today’s announcement shows how, working alongside our partners in the Department of Justice, we will ensure the integrity of the crop insurance program for American taxpayers and producers alike,” said Heather Manzano, Acting Administrator for USDA’s Risk Management Agency.
The claims resolved by this settlement are allegations only; there has been no determination of liability. The case was investigated by USDA- Risk Management Agency Investigator Randy Upton, Special Agents Andrew Ridgeway and Robin Wilcox of USDA-Office of the Inspector General, and Law Clerk Alison Slagowitz of the United States Attorney’s Office, Southern District of Georgia. The United States was represented by Assistant United States Attorney J. Thomas Clarkson. For questions, please call the United States Attorney’s Office at (912) 201-2522.
South Arkansas Tax Fraud Scheme Draws over Eleven Years of Federal Imprisonment for ConspiratorsRead the Press Release
El Dorado, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Gregory A. Taylor, age 51 of Clanton, Alabama, was sentenced on Monday to 66 months in federal prison followed by three years of supervised release on one count of Conspiracy to Defraud the United States. Along with his co-defendants, Taylor was ordered to pay $1,274,163.84 in restitution. Taylor was one of eight defendants indicted in 2014 as part of an investigation into a tax fraud and identity theft scheme in El Dorado and Crossett. Taylor pled guilty in December 2015. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in El Dorado.
According to court records, between 2009 and 2011 Taylor conspired with his co-defendants to defraud the United States by filing fraudulent income tax returns using the personal identifying information of others. During 2011, IRS-CI, U.S. Secret Service, and the El Dorado Police Department obtained evidence that Taylor and his co-defendants were involved in a large scale identity theft and tax refund scheme. As a part of the scheme, the co-defendants would use the names, social security numbers, and dates of birth, of numerous individuals to claim fraudulent tax refunds from the federal government. The evidence revealed that Taylor, a return preparer in Crossett, Arkansas, was working with and assisting his co-defendants with the filing of fraudulent tax returns to obtain false refunds. As part of his plea agreement, Taylor admitted that as a result of the conspiracy, he and his co-defendants fraudulently claimed refunds totaling $1,101,478. Other members of the conspiracy admitted to filing at least 665 fraudulent tax returns requesting more than $2,300,000.00 in refunds.
Taylor’s co-defendants Shawna D. Carey, Clarisse Carey, and Erica Browning were sentenced in January, 2016 to a total of 77 months imprisonment. Co-defendants Venus Ford, Sanjana Aaron, Whitney Charles, and Ecko Scott have pled guilty to their part of the conspiracy and await sentencing.
“Misusing his position of trust as a tax return preparer, Mr. Taylor knowingly used stolen identities to file false tax returns with the IRS. ” said Tracey D. Montaño, Special Agent in Charge, IRS Criminal Investigation. “The sentence handed down highlights the seriousness of the defendant’s conduct. We will remain vigilant in identifying and investigating those who seek to defraud the American taxpayers by stealing identities and filing false tax returns.”
The investigation was conducted by IRS Criminal Investigation, U.S. Secret Service, El Dorado Police Department, and the Crossett Police Department. Assistant United States Attorneys Jonathan Ross and Brice White prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Seven Individuals Indicted and Arrested for Child PornographyRead the Press Release
SAN JUAN, Puerto Rico – On June 1 and 8, 2017, a federal grand jury in the District of Puerto Rico returned multiple indictments against 7 defendants charged with child pornography offenses, announced today Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) is in charge of the investigations.
The defendants and the charges they are facing are as follows:
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Gabriel Cañas-Guerrero- possession of child pornography; videos and images depicting actual minors engaging in sexually explicit conduct.
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Christian Joel Lorenzo-Feliciano- distribution and possession of child pornography. According to the indictment, Lorenzo-Feliciano distributed, via a file-sharing program with access to the internet, visual depictions of minors, including prepubescent minors, engaging in sexually explicit conduct.
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Victor Gadiel Reyes-Rodríguez- possession of child pornography; images depicting actual minors, including prepubescent minors, engaging in sexually explicit conduct.
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Ángel Luis Sepúlveda-Ramos- advertising and transportation of child pornography. Sepúlveda-Ramos knowingly used the Ares peer-to-peer software program to share one or more video and image files depicting minors, including prepubescent minors, engaging in sexually explicit conduct. The defendant also transported such child pornography material. On or about December 13, 2016, Sepúlveda-Ramos knowingly possessed at least 8 images and 17 videos depicting minors, including prepubescent minors, engaging in sexually explicit conduct.
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Vidal Berríos-Dávila- receipt and distribution of child pornography. The defendant shared with the HSI Forensic Lab one video depicting an approximately 9 year-old female minor exposing her genitals and engaging in sexually explicit conduct with an adult male.
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Francisco Javier Alicea-Báez- receipt and distribution of child pornography. On September 25, 2016, the defendant shared with the HSI Forensic Lab one video of an approximate duration of 5 minutes, depicting a male toddler approximately three to five years of age exposing his genitals and masturbating an adult male while sitting on his lap.
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Martín Suárez-Imbert- advertising child pornography. The defendant logged into WhatsApp chat rooms entitled “Ok Man,” “Sin Reglas,” and “Chat Hot” to offer, send and receive videos and images of minors engaging in sexually explicit conduct.
All defendants are facing a Forfeiture Allegation, which includes all materials or property used, or intended to be used in the possession of child pornography, such as computers, cellular phones, external hard drives and memory sticks. If found guilty, the defendants face potential sentences of up to 20 years in prison for possession of child pornography, a mandatory minimum of 5 years up to a maximum of 20 years for receipt and distribution of child pornography, and mandatory minimum of 15 years up to a statutory maximum of 30 years for advertising child pornography.
“These defendants, who advertise, participate, distribute or exploit children to access child pornography work hard to evade law enforcement and disguise what they are doing,” said United States Attorney for the District of Puerto Rico, Rosa Emilia Rodríguez-Vélez. “Their sole purpose is to view children hurting for their own sexual satisfaction. We want them to know that they will face serious consequences for their actions. Our office will continue to vigorously prosecute this type of criminal activity to the fullest extent of the law.”
“HSI is seeing a growing trend where children are being enticed, tricked and coerced online by adults to produce sexually explicit material of themselves,” said Orlando Baez, deputy special agent in charge of HSI San Juan. “While we will continue to prioritize the arrest of child predators, we cannot arrest our way out of this problem: education is the key to prevention. These indictments represent a strong coordinated strike – by Homeland Security and the U. S. Attorney’s Office – against child pornography and those who allegedly seek to harm our most vulnerable citizens, our young children. Clearly, this criminal activity has reached epidemic proportions and ICE HSI will continue to partner here and across jurisdictions to target those adults who egregiously violate the children of our communities.”
The cases are being prosecuted by Assistant U.S. Attorneys Elba Gorbea and Ginette Milanés, and Special Assistant U.S. Attorney Cristina Caraballo, under the supervision of AUSA Marshal Morgan, Chief of the Crimes Against Children and Human Trafficking Unit. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be innocent until and unless proven guilty.
These cases were 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.projectsafechildhood.gov.
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Russian Woman Sentenced for Marriage FraudRead the Press Release
ALBANY, NEW YORK – Eliza Akhmetshina, age 29, and a citizen of Russia residing in Albany, was sentenced today to 2 years of probation for conspiring to commit marriage fraud.
The announcement was made by United States Attorney Richard S. Hartunian and James C. Spero, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI).
Senior United States District Judge Thomas J. McAvoy also ordered Akhmetshina to pay a $1,000 fine.
As part of her February 7, 2017 guilty plea, Akhmetshina admitted that in January 2012, when she was illegally present in the United States (having overstayed on a visitor’s visa), she agreed to pay U.S. citizen Ian Neary $10,000 to marry her so that she could obtain lawful immigration status in the United States. As part of the conspiracy, Akhmetshina falsely represented to U.S. officials that she and Neary lived together at an address in Albany County.
Neary pled guilty to conspiracy to commit marriage fraud, and on August 3, 2016 was sentenced by United States District Judge Mae A. D’Agostino to 2 years of probation.
This case was investigated by HSI and prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
Rochester Day Care Worker Arrested, Charged with Production of Child Pornography and Online Enticement of A MinorRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
ROCHESTER, N.Y.—Acting U.S. Attorney James P. Kennedy, Jr. announced today that Christopher Mason, 37, of Rochester, NY, was arrested and charged in a criminal complaint with production of child pornography and online enticement of a minor. The charges carry a minimum sentence of 10 years in prison, a maximum of life and a $250,000 fine.Assistant U.S. Attorney Craig R. Gestring, who is handling the case, stated that according to the complaint, a thirteen year-old child complained to a school guidance counselor that Mason, her mother’s boyfriend, asked her to send him nude photos of herself. The Rochester Police Department was notified who in turn contacted the FBI Child Exploitation Task Force for assistance.
The complaint states that investigators recovered online chats between the defendant and the child, which showed that Mason was soliciting the child to engage in sexual acts with him and attempting to get the child to produce sexually explicit photos and videos for him.
During the course of the investigation, federal agents learned that the defendant was affiliated with a Residential Day Care Center in Rochester.
Mason made an initial appearance before U.S. Magistrate Judge Marian Payson and is being held pending a detention hearing on June 16, 2017, at 11:00 a.m.
The criminal complaint is the culmination of an investigation by Officers of the Rochester Police Department, under the direction of Chief Michael Ciminelli; and Special Agents of the Federal Bureau of Investigation, Child Exploitation Task Force, under the direction of Special Agent-in-Charge Adam S Cohen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Putnam County man sentenced to federal prison for role in large-scale methamphetamine conspiracyRead the Press Release
CHARLESTON, W.Va. – A Putnam County man was sentenced today to a year and a half in federal prison for a drug charge, announced United States Attorney Carol Casto. Jon Bowman, 58, of Poca, previously pleaded guilty to using the mail to facilitate a drug crime.
As part of a comprehensive investigation, agents from the United States Postal Inspection Service, the Metropolitan Drug Enforcement Network Team, and Homeland Security Investigations intercepted several mail packages that contained methamphetamine, other drugs, or drug proceeds. Since January 2014, several pounds of methamphetamine were transported from California and Nevada into the Southern District of West Virginia via the United States mail or through individuals driving packages of drugs into the area. Bowman admitted that he took part in this conspiracy by working with others to ship and distribute methamphetamine. On March 4, 2014, law enforcement intercepted a package that Bowman had helped arrange to send to St. Albans containing approximately 245 grams of crystal methamphetamine concealed inside an object shaped like a turtle. Bowman further admitted that he intended to use and distribute the methamphetamine throughout the Kanawha County area.
Multiple defendants have been sentenced to federal prison as a result of this large-scale methamphetamine trafficking investigation. Joseph Cooper was sentenced to 14 years in federal prison for possession with intent to distribute methamphetamine. Benjamin Childers was sentenced to 10 years and a month in prison for conspiracy to distribute methamphetamine. Mark Cobb and Shayne Shamblen were both sentenced to seven years in prison for conspiracy to distribute methamphetamine. Mark Bays was sentenced to five years in prison for maintaining a residence for the purpose of distributing methamphetamine. Harold Parsons was sentenced to four years in prison for possession with intent to distribute methamphetamine. Morgan Light was sentenced to four years in prison for conspiracy to distribute methamphetamine.
Other individuals involved in the drug trafficking organization have entered guilty pleas and are awaiting sentencing. David Huffman pleaded guilty to conspiracy to distribute methamphetamine and faces at least five and up to 40 years in prison when he is sentenced on June 21, 2017. Gregory Crum and Diana Salazar Gamboa both pleaded guilty to conspiracy to distribute methamphetamine. Crum faces a minimum of 10 years and up to life in federal prison. Gamboa faces at least five and up to 40 years in federal prison. Beth Hammonds pleaded guilty to using the mail to facilitate a drug crime and faces up to five years in federal prison for her role in the conspiracy. Crum, Gamboa, and Hammonds are all scheduled to be sentenced on August 3, 2017.
Assistant United States Attorney Haley Bunn is responsible for these prosecutions. United States District Judge John T. Copenhaver, Jr., is presiding over these cases.
These prosecutions are part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Providence Resident Pleads Guilty to Firearm Charge, Violating Supervised ReleaseRead the Press Release
PROVIDENCE – Brandon M. Crumady, 30, of Providence, pleaded guilty in federal court in Providence today to being a felon in possession of a firearm, and he admitted to violating the terms of federal supervised release on a previous conviction on a firearm charge, announced Acting United States Attorney Stephen G. Dambruch and Providence Police Chief Colonel Hugh T. Clements, Jr.
According to information presented to the court, on May 9, 2016, a Providence Police officer patrolling the area around a nightclub preparing to close for the evening came upon an occupied vehicle parked in a nearby parking lot. The officer illuminated the interior of the vehicle with his cruiser alley light. As he did, he saw the front seat passenger reach into his waistband, remove a firearm and toss it onto the back seat.
According to information presented to the court, the officer recognized Brandon Crumady as being the passenger in the vehicle, and the officer was aware that he had previously been convicted of a firearm offense. The officer approached the vehicle with his service weapon drawn, and kept watch of the firearm and the occupants of the vehicle until additional officers arrived. Crumady was arrested and a loaded semi-automatic firearm was recovered from the back seat.
According to court records, Crumady was previously convicted in Rhode Island state court for carrying a pistol without a license and felony possession of controlled substance offenses. Most recently, on May 23, 2012, Crumady was convicted in federal court for being a felon in possession of a firearm. On August 17, 2012, Crumady received a sentence of 37 imprisonment followed by 36 months of supervised release. He was on federal supervised release when he was arrested on May 23, 2012.
Brandon Crumady is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on September 1, 2017.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
The case was investigated by the Providence Police Department, with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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Pittsburgh Man Indicted for Distributing Drug Resulting in Death, Firearms ViolationsRead the Press Release
PITTSBURGH – Deon Blair has been indicted by a federal grand jury in Pittsburgh for distributing heroin, butyryl fentanyl, and fentanyl resulting in serious bodily injury and death, and for committing related firearms crimes, Acting United States Attorney Soo C. Song announced today.
The indictment charges Blair, age 24, who resided in Pittsburgh, with committing the following crimes in February 2017: (1) distributing a mixture containing butyryl fentanyl and fentanyl resulting in death; (2) conspiring to distribute and distributing heroin, butyryl fentanyl, and fentanyl; (3) possessing a firearm in furtherance of a drug trafficking crime; and (4) possessing a firearm after 11 prior felony convictions for heroin and cocaine trafficking and firearms crimes in four prior prosecutions.
The law provides for a maximum total sentence of at least 25 years and up to life in prison and a fine of up to $4,500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history of the defendant.
Assistant United States Attorney Craig W. Haller is prosecuting this case on behalf of the United States.
The Pittsburgh Bureau of Police, the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Pennsylvania Board of Probation and Parole, and the Allegheny County Medical Examiner’s Office conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Man Sentenced for Distributing Heroin to Rochester Drug DealersRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. - Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jerome Randolph, 33, of Philadelphia, PA, who was convicted of conspiracy to distribute heroin, was sentenced to 195 months in prison by Chief U.S. District Judge Frank P. Geraci, Jr.
Assistant U.S. Attorney Douglas E. Gregory, who handled the case, stated that in early 2016, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), and the Rochester Police Department (RPD) conducted a multi‐agency investigation into a significant Philadelphia, PA based heroin trafficking organization distributing heroin to a group of individuals located in Rochester, NY. The investigation included the use of court-approved wiretaps on multiple phones used by the various defendants. The wiretap investigation revealed that Jerome Randolph headed the Philadelphia group, and was responsible for overseeing the trafficking of heroin from Philadelphia to Rochester. The defendant relied principally on two named codefendants, David Haynes and Edwin Rodriguez, who were responsible for the transportation of heroin and drug proceeds between the two cities. Haynes and Rodriguez were convicted and sentenced to 180 and 188 months in prison respectively.
Once the heroin arrived in Rochester, it was distributed by members of the Rochester organization. In addition to the three Philadelphia conspirators, 11 Rochester area individuals were arrested in March 2016.
During the execution of search warrants following the arrests of 14 defendants, law enforcement officers seized 22,713 decks of heroin, $93,399.00 in cash and nine firearms. The heroin seizures made in this case alone well exceeded the total amount of heroin seizures made in all of 2015 in the City of Rochester. Law enforcement officers estimate the Rochester organization was distributing in excess of $50,000 of heroin per week.
At this time, 11 of the 14 defendants arrested in this case have been convicted. The three remaining defendants, Damon Montgomery, Johnny Balkman and DeShawnra Williams, are scheduled to go to trial in the fall of 2017. The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division; the Drug Enforcement Administration, under the direction of Special Agent-in-Charge James J. Hunt, New York Field Division; the Federal Bureau of Investigation, under the direction Special Agent-in-Charge Adam S. Cohen; U.S. Customs and Border Protection, Air and Marine Unit, under the direction of Brian Manaher, Director, Marine Operations; Immigration and Customs Enforcement, Enforcement and Removal Operations, under the direction Thomas Brophy, Buffalo Field Office Director; U.S. Border Border Patrol; the Rochester Police Department, under the direction of Chief Michael Ciminelli; the Monroe County District Attorney’s Office, under the direction of Sandra Doorley; the Greater Rochester Area Narcotics Enforcement Team (GRANET); and the New York State Department of Corrections and Community Supervision in coordination with the Philadelphia ATF and DEA Resident Offices and the Pennsylvania State Police.
Penn Hills Man Charged with Distribution of Fentanyl Resulting in DeathRead the Press Release
PITTSBURGH - One resident of Penn Hills, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of violating federal narcotics laws, Acting United States Attorney Soo C. Song announced today.
The one-count indictment named Christopher Hill, age 28.
According to the indictment presented to the court, on July 21, 2016, Hill possessed with intent to distribute and distributed fentanyl that caused the serious bodily injury and death of a person who used that fentanyl.
The law provides for a maximum total sentence of up to life in prison, a fine of not more than $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Timothy M. Lanni is prosecuting this case on behalf of the government.
The Pittsburgh Bureau of Police conducted the investigation leading to the indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Paducah Residents Guilty of Possession with Intent to Distribute MethamphetamineRead the Press Release
PADUCAH, Ky. – Two McCracken County, Kentucky residents pled guilty in United States District Court yesterday, before Senior Judge Thomas B. Russell, to a single charge, in a superseding information, of possession with intent to distribute methamphetamine announced United States Attorney John E. Kuhn, Jr.
According to the plea agreement, Ashley P. Cavitt, 26, and John A. Coreau, 29, both of Paducah, admitted in separate plea agreements that on or about November 3, 2016, in McCracken County and elsewhere, the defendants conspired with one another, and others, to distribute 50 grams or more of methamphetamine. The methamphetamine recovered by law enforcement from the Defendants was sent to the Drug Enforcement Agency’s North Central Laboratory in Chicago, Illinois, which revealed that the drugs confiscated from Cavitt and Coreau contained 282.4 grams of methamphetamine with all 282.4 grams being actual methamphetamine.
Cavitt and Coreau remain in federal custody awaiting sentencing on September 27th, in Paducah at 11:00am CST, before Senior Judge Russell.
Both plea agreements for Cavitt and Coreau call for the United States to recommend a sentence of 120 months in prison, which is the mandatory minimum term of imprisonment required by law.
This case is being prosecuted by Assistant United States Attorney Nute Bonner and is being investigated by the Paducah Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
Ohio Man Sentenced to 9 Years in Federal Prison for Burglarizing Bethel Park PharmacyRead the Press Release
PITTSBURGH – A former resident of Columbus, Ohio, has been sentenced in federal court to 108 months in prison, to be followed by three years of supervised release, on his convictions for burglary of a pharmacy and conspiracy to possess with intent to distribute a Schedule II controlled substance, Acting United States Attorney Soo C. Song announced today.
United States District Judge Arthur J. Schwab imposed the sentence yesterday on Dale E. Foughty, 38.
According to information presented to the court, on September 4, 2015, Foughty used a crowbar to break into the Spartan Pharmacy in Bethel Park, Pennsylvania, and proceeded to steal more than 6,000 Schedule II pills from the pharmacy.
Assistant United States Attorney Timothy M. Lanni prosecuted this case on behalf of the government.
Acting United States Attorney Song commended the Drug Enforcement Administration and the Bethel Park Police Department for the investigation leading to the successful prosecution of Foughty.
Office Manager/Medical Biller in Devine, TX, Sentenced to 17 Years Imprisonment for $3.5 Million Health Care Fraud SchemeRead the Press Release
In Del Rio late yesterday afternoon, a federal judge sentenced 46-year-old DTS Medical Supply Company (DTS) Office Manager/Medical Biller Kathleen Kelly-Tuorila to 17 years in federal prison for her role in an estimated $3.5 million Health Care Fraud scheme announced United States Attorney Richard L. Durbin, Jr., FBI Special Agent in Charge Christopher Combs, San Antonio Division, and Texas Attorney General Ken Paxton.
In addition to the prison term handed down, United States District Judge Alia Moses ordered Kelly-Tuorila to pay $3,269,300.11 in restitution and be placed on supervised release for a period of three years after completing his prison term.
“The prison terms handed down in this case against three defendants total more than 51 years. These sentences reflect the seriousness of the defendants’ actions and our commitment to hold accountable anyone who would rob, steal, or illegally take without just cause Medicaid and Medicare funds,” stated United States Attorney Richard L. Durbin, Jr.
On June 28, 2016, a federal jury convicted Kelly-Tuorila and DTS Medical Supply owner, 55-year-old Daniel Thomason Smith, of one count of conspiracy to commit Health Care Fraud, one count of aiding and abetting Health Care Fraud, eleven counts of aiding and abetting aggravated identity theft and eight counts of aiding and abetting false statements related to a Health Care matter.
Both Medicare and Medicaid provide qualified beneficiaries with financial remuneration for the purchase of prescribed and necessary medical equipment. Such medical equipment would include powered wheelchairs, powered scooters and accessories related to those two devices. Medicare and Medicaid set a rate of compensation for each of these devices and the rate of compensation differed between devices and was to be based on the type of device that was prescribed for the beneficiary and delivered to the beneficiary.
Evidence presented during trial revealed that between May 2006 and January 2010, the defendants conspired to submit numerous false and fraudulent benefit claims to Medicaid and Medicare seeking compensation for powered wheelchairs. Smith employed Robin Renee Haigler, a third defendant in this case, on a commission basis to recruit customers primarily in the Waco area. Kelly-Tuorila used the collected customer information from Haigler to generate and submit fraudulent claims for reimbursement to Medicaid and Medicare for powered wheelchairs. According to court testimony regarding the aggravated identity counts, names of physicians were used to support claims for reimbursement when the named physician never prescribed a powered wheelchair for the customer and, in some instances, did not even know the customer and had never had them as a patient. Evidence also revealed that even though DTS billed for powered wheelchairs, they delivered less-expensive powered scooters to customers, which resulted in a larger payment from Medicaid/Medicare and a larger percentage of profit for DTS and Smith.
“Those who commit Health Care Fraud often harm the most vulnerable in our society by misappropriating limited healthcare dollars intended for the care of the elderly, children and disabled,” said Special Agent in Charge Christopher Combs. “This case demonstrates the FBI's commitment to work with our partners and the public to stop fraud and ensure that limited healthcare funding is used to help those who need it, and not line the pockets of criminals.”
Defendants Smith and Kelly-Tuorila have remained in federal custody since the jury verdict in June 2016. On February 23, 2017, Smith was sentenced to 324 months in federal prison. Haigler, age 60 of Waco, TX, pleaded guilty to the conspiracy charge on August 17, 2015. She was sentenced on November 7, 2016, to 87 months of federal imprisonment. Judge Moses ordered all three to pay—joint and severally—a total of $3,269,300.11 restitution in this case.
“Prosecution of these crimes helps deter fraud and holds health care providers accountable when they steal from the American taxpayers,” Attorney General Paxton said. “I commend the hard work of all involved on this case. My office will continue to go after criminals who attempt to steal from programs that help vulnerable Texans.”
Agents with the Federal Bureau of Investigation together with investigators from the Texas Attorney General’s Medicaid Fraud Control Unit conducted this investigation. Assistant United States Attorney Greg Surovic and Special Assistant United States Attorney Rex Beasley prosecuted this case on behalf of the Government.
Nevada Business Owner Convicted of Evading Payment of Employment Taxes and PenaltiesRead the Press Release
A Las Vegas, Nevada business owner was convicted yesterday by a federal jury of tax evasion, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
According to the evidence presented at trial, Maria Larkin, 55, owned and operated Five Star Home Health Care Inc. (Five Star). Larkin was responsible for collecting, accounting for, and paying over income, social security, and Medicare tax withheld from her employees’ wages. From 2004 through 2009, Larkin did not pay over the employment taxes she withheld. The Internal Revenue Service (IRS) assessed trust fund recovery penalties (TFRPs) against Larkin for these years, which made her personally liable for the unpaid employment taxes.
Larkin concealed her assets and income to evade paying the TFRPs and to obstruct the IRS’s efforts to collect the outstanding taxes. She lied to the IRS regarding her ability to pay, changed the name of her business, placed her business in the name of a nominee, had her employees cash checks for her and bought a home in the name of a nominee. In total, Larkin evaded more than $1.6 million in taxes.
Sentencing is scheduled for Sept. 13, 2017. Larkin faces a statutory maximum sentence of five years in prison, a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Myhre commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney John Mulcahy of the Tax Division and Assistant U.S. Attorney Alexandra Michael, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Nevada Business Owner Convicted of Evading Payment of Employment Taxes and PenaltiesRead the Press Release
LAS VEGAS, Nev. – A Las Vegas, Nevada business owner was convicted on Tuesday by a federal jury of tax evasion, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
According to the evidence presented at trial, Maria Larkin, 55, owned and operated Five Star Home Health Care Inc. (Five Star). Larkin was responsible for collecting, accounting for, and paying over income, social security, and Medicare tax withheld from her employees’ wages. From 2004 through 2009, Larkin did not pay over the employment taxes she withheld. The Internal Revenue Service (IRS) assessed trust fund recovery penalties (TFRPs) against Larkin for these years, which made her personally liable for the unpaid employment taxes.
Larkin concealed her assets and income to evade paying the TFRPs and to obstruct the IRS’s efforts to collect the outstanding taxes. She lied to the IRS regarding her ability to pay, changed the name of her business, placed her business in the name of a nominee, had her employees cash checks for her and bought a home in the name of a nominee. In total, Larkin evaded more than $1.6 million in taxes.
Sentencing is scheduled for Sept. 13, 2017. Larkin faces a statutory maximum sentence of five years in prison, a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Myhre commended special agents of IRS Criminal Investigation, who conducted the investigation, and Trial Attorney John Mulcahy of the Tax Division and Assistant U.S. Attorney Alexandra Michael, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
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Navajo Man from Farmington Pleads Guilty to Federal Voluntary Manslaughter and Firearms ChargesRead the Press Release
ALBUQUERQUE – Sage Andrew Yazzie, 21, an enrolled member of the Navajo Nation who resides in Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to voluntary manslaughter and firearms charges. Under the terms of his plea agreement, Yazzie will be sentenced within the range of 12 to 15 years in prison followed by a term of supervised release to be determined by the court.
Yazzie was arrested on March 10, 2016, on a criminal complaint charging him with killing a Navajo man on the Navajo Indian Reservation in San Juan County, N.M., on Feb. 23, 2016. According to the criminal complaint, Yazzie entered a residence and shot the victim in the head with a firearm.
Yazzie was indicted on March 23, 2016, and charged with first degree murder and using and carrying a firearm in relation to a crime of violence. According to the indictment, Yazzie committed the offenses on Feb. 23, 2016, in San Juan County.
During today’s proceedings, Yazzie pled guilty to a felony information charging him with voluntary manslaughter and discharging a firearm during a crime of violence. In entering the guilty plea, Yazzie admitted that on Feb. 23, 2016, he entered a residence in Huerfano, N.M., and killed the victim during a sudden quarrel by shooting the victim with a handgun. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI, the Navajo Nation Division of Public Safety and the Farmington Police Department and is being prosecuted by Assistant U.S. Attorneys Raquel Ruiz-Velez and Elaine Y. Ramirez.
Mother and Daughter Co-Owners of Seven Miami, Florida-Area Home Health Agencies Each Sentenced to over 10 Years in Prison for Roles in $20 Million Home Health Care Fraud SchemesRead the Press Release
A mother and daughter who secretly co-owned and operated seven home health care agencies in the Miami, Florida area were each sentenced to over 10 years in prison today for their roles in a $20 million Medicare fraud conspiracy that involved paying illegal health care kickbacks to patient recruiters and medical professionals.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Benjamin G. Greenberg of the Southern District of Florida, Special Agent in Charge George L. Piro of the FBI’s Miami Field Office, Special Agent in Charge Brian Swain of the U.S. Secret Service’s Miami Regional Office and Special Agent in Charge Shimon R. Richmond of the U.S. Department of Health and Human Services-Office of Inspector General’s (HHS-OIG) Miami Regional Office made the announcement.
Mildrey Gonzalez, 61, and her daughter, Milka Alfaro, 39, both of Miami, were sentenced by U.S. District Judge Jose E. Martinez of the Southern District of Florida to 135 and 151 months in prison, respectively, for their roles in the scheme. The defendants were further ordered to pay approximately $22,900,000 in joint and several restitution. Gonzalez and Alfaro each pleaded guilty on March 2, having been charged in a July 2016 superseding indictment. Gonzalez pleaded guilty to one count of conspiracy to commit health care fraud and one count of health care fraud, while Alfaro pleaded guilty to one count of conspiracy to commit health care fraud and wire fraud.
Alfaro and Gonzalez previously admitted that they secretly co-owned and operated seven home health agencies in the Miami area, yet failed to disclose their ownership interests in any of these agencies to Medicare, as required by relevant rules and regulations. In addition, Alfaro and Gonzalez admitted to paying illegal health care kickbacks to a network of patient recruiters in order to bring Medicare beneficiaries into the scheme, to paying bribes and kickbacks to medical professionals in return for providing home health referrals, and to directing co-conspirators to open shell corporations, into which millions of dollars’ worth of fraud proceeds were funneled. Furthermore, Alfaro and Gonzalez each admitted to perjuring themselves at a hearing before U.S. Magistrate Judge Jonathan Goodman of the Southern District of Florida, to attempting to influence the testimony of potential trial witnesses, and to submitting false affidavits concerning their assets to the court.
This case was investigated by the FBI, the U.S. Secret Service and HHS-OIG. Former Fraud Section Trial Attorney and current Southern District of Florida Assistant U.S. Attorney Lisa H. Miller and Fraud Section Trial Attorney L. Rush Atkinson prosecuted the case. Assistant U.S. Attorneys Evelyn B. Sheehan and Alison W. Lehr also provided assistance regarding asset forfeiture issues in this case.
The Criminal Division’s Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged nearly 2,300 defendants who have collectively billed the Medicare program for more than $7 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
Midland Man Sentenced to Federal Prison for Assaulting Prison Guard, Escape and Being a Convicted Felon in Possession of a FirearmRead the Press Release
In Midland today, 38-year-old Iry James Williams of Midland was sentenced to a total of 260 months in federal prison for assaulting an Ector County Correctional Center guard, escape from a half-way house, and being a convicted felon in possession of a firearm announced United States Attorney Richard L. Durbin, Jr., U.S. Marshal David Sligh and Midland Police Chief Price Robinson.
United States District Judge Robert Junell sentenced Williams to consecutive terms of 100 months incarceration for assaulting a public servant; 100 months incarceration for escape; and, 60 months incarceration for felon in possession of a firearm. Judge Junell also ordered that Williams be placed on supervised release for a period of three years after completing his 260-month federal prison term.
According to court records, on February 28, 2016, Williams signed himself out on a social pass from a residential re-entry center in Midland where he was serving the remainder of a 90-month federal prison term for felon in possession of a firearm. Williams did not return to the center as required. According to the Midland Police Department, Williams was the prime suspect in Midland convenience store robbery that evening. Authorities recovered Williams’ wallet and a .380 pistol inside his vehicle outside the convenience store.
On March 6, 2016. MPD officers and deputy U.S. Marshals arrested Williams. He has remained in custody since.
On July 11, 2016, a federal jury convicted him of felon in possession of the .380 pistol. That same day, Williams pleaded guilty to the escape charge. On July 27, 2016, while incarcerated awaiting sentencing on the escape and firearm charges, Williams assaulted an Ector County Corrections Center guard causing bodily injury. Williams pleaded guilty to the assault charge on March 15, 2017.
The U.S. Marshals Service and the Midland Police Department conducted this investigation. Assistant United States Attorney Brandi Young prosecuted this case on behalf of the Government.
Meriden Man Charged with Trafficking Cocaine and HeroinRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that LUIS MARTELL, also known as “Fat Boy,” 34, of Meriden, was arrested yesterday on a federal criminal complaint charging him with trafficking cocaine and heroin.
MARTELL appeared yesterday before U.S. Magistrate Judge Holly B. Fitzsimmons in Bridgeport and was ordered detained.
As alleged in court documents, in late October 2016, law enforcement intercepted two parcels containing suspected narcotics that had been mailed from southern California to two different addresses in Meriden. On November 2, 2016, a court-authorized search of the parcels revealed a total of approximately 6.5 kilograms of cocaine and approximately 1.06 kilograms of heroin.
On November 2, 2016, Jose Davila, also known as “Flaco,” visited a post office in Meriden to inquire about one of the parcels. On November 3, 2016, law enforcement made a controlled delivery of the second parcel to its intended address. The residents of the house accepted the parcel on behalf of Justin Doherty and contacted Doherty on his cellphone. Doherty then arrived at the house in a car driven by Davila. Doherty and Davila were arrested at that time.
It is alleged that MARTELL coordinated the shipment of the parcels containing cocaine and heroin, and paid Doherty and Davila to accept the parcels on his behalf.
The complaint charges MARTELL with conspiracy to possess with intent to distribute five or more kilograms of cocaine and one or more kilogram of heroin, an offense that carries a mandatory minimum term of imprisonment of 10 years and a maximum term of imprisonment of life.
U.S. Attorney Daly stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
On January 20, 2017, a grand jury in Bridgeport returned a three-count indictment charging Davila, 32, and Doherty, 24, both of Meriden, with related offenses. They are awaiting trial.
This matter is being investigated by the Drug Enforcement Administration, U.S. Postal Inspection Service and Meriden Police Department. The case is being prosecuted by Assistant U.S. Attorney Rahul Kale.