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6 June 2017
Former Nashua Man Sentenced to 30 Months in Prison for Cocaine TraffickingRead the Press Release
CONCORD, N.H. - Acting United States Attorney John J. Farley announced yesterday that Wilfredo Tanon Rodriguez, 54, formerly of Nashua, New Hampshire, was sentenced to 30 months in federal prison for conspiring to distribute more than a quarter kilogram of cocaine.
According to court documents and statements made during earlier court proceedings, on July 1, 2016, the Nashua Police Department dispatched several officers to the parking lot of a city apartment complex. The officers were dispatched to that location in response to a citizen complaint about drug dealing activity there. After conducting surveillance, police later conducted a traffic stop of a vehicle in which Tanon Rodriguez was riding in the front passenger seat.
Tanon Rodriguez consented to a police inspection of a bag at his feet as well as a container found inside the bag. Inside the container, the police found approximately 279 grams of cocaine. After his arrest, Tanon Rodriguez admitted that, at the time of the traffic stop, he had been delivering the cocaine to a third party and that he had engaged in a similar transaction once before. Two firearms were found in a car belonging to Tanon Rodriguez, which was parked in the apartment complex that was the subject of the original police surveillance.
After serving the 30-month prison sentence, Tanon Rodriguez will serve three years of supervised release.
Luis D. Capo-Nieves -- the driver of the car – will be sentenced on a related charge on June 12, 2017. Capo-Nieves is also a former resident of Nashua.
This matter was investigated by the Nashua Police Department. The Bureau of Alcohol, Tobacco, Firearms and Explosives also provided assistance. Assistant United States Attorney Bill Morse prosecuted the case.
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Former NC Correctional Officer Sentenced to 14 Years for the Receipt of Child PornographyRead the Press Release
NEW BERN – United States Attorney John Stuart Bruce announced that today in federal court, United States District Judge Louise W. Flanagan sentenced JOSHUA LYNN GONDERMAN, 23, from Lumberton, N.C., to 168 months in prison and 10 years of supervised release for the Receipt of Child Pornography (CP). GONDERMAN pled guilty to the charge on February 16, 2017.
In March 2016, the Federal Bureau of Investigation (FBI) in Fayetteville discovered that GONDERMAN had received CP from a target of another FBI investigation out of state. During their investigation they also learned that GONDERMAN was employed as a correctional officer at the NC Department of Public Safety Lumberton Correctional Institution.
On May 31, 2016, a search warrant was executed on GONDERMAN’s residence and multiple storage devices were seized. A preliminary review of the seized items uncovered CP and GONDERMAN was arrested on state charges. As determined by the investigation, GONDERMAN used a smartphone to receive and store images and videos of CP. He possessed 4,712 images of CP. Several of the images depicted the sexual exploitation of infants and portrayed sadistic and masochistic conduct.
The case was investigated by the Federal Bureau of Investigation, Fayetteville Office and the Robeson County Sheriff’s Office. The federal prosecution was handled by Assistant United States Attorney Ethan A. Ontjes.
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
Former McConnellsburg High School Basketball Coach Indicted for Creating and Receiving Child PornographyRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dane Robert Pollock, age 33, a resident of McConnellsburg, Pennsylvania, was indicted by a federal grand jury on Wednesday, May 31, 2017, for sexual exploitation of children involving the production of child pornography, receipt of child pornography and possession of child pornography.
According to U.S. Attorney Bruce D. Brandler, the indictment alleges that Pollock took sexually explicit, nude photographs and videos of at least one female student who was under the age of 18 years of age in 2016.
United States Magistrate Judge Martin C. Carlson arraigned Pollock on these charges on June 1, 2017, and ordered Pollock detained until his trial date, August 7, 2017. This case is assigned to United States District Court Judge Sylvia H. Rambo.
The case was investigated by the Federal Bureau of Investigation and the Pennsylvania State Police. Assistant United States Attorney Meredith A. Taylor is prosecuting the case.
If you have additional information about this case, please contact the FBI office in State College, Pennsylvania at (814) 234-0341.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Receiving child pornography carries a five year mandatory minimum prison sentence. Exploiting a child in order to create child pornography carries a penalty requiring a mandatory minimum of 15 years’ imprisonment. The maximum penalty under federal law is 60 years of imprisonment, a lifetime term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Former Clearfield, Pa., Woman Charged with Purchasing Firearms for Another PersonRead the Press Release
JOHNSTOWN, Pa. - A former Clearfield, Pa., resident was indicted by a federal grand jury in Johnstown on charges of false statement to a federally licensed firearms dealer, Acting United States Attorney Soo C. Song announced today.
The indictment named Heather L. Welker, 41, of Emigrant, Montana, as the sole defendant.
According to the indictment presented to the court, on various dates from January 28, 2015, to March 26, 2015, Welker purchased a number of firearms from Grice Gun Shop, a federally licensed firearms dealer, stating she was purchasing the firearms for herself, when, in truth and fact, she was not the actual buyer and was purchasing the firearms on behalf of another person.
The law provides for a maximum total sentence of 40 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney John J. Valkovci, Jr., is prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation that led to the prosecution of Welker.
According to Ms. Song, Heather L. Welker is being prosecuted as part of Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former CFO of Crossroads Home Health Care, Inc. Sentenced to Prison for Tax CrimesRead the Press Release
SAN FRANCISCO – Muzaffar Hussain was sentenced today to 18 months in prison and ordered to pay $495,000 in restitution for his failure to account for and pay over trust fund taxes, announced United States Attorney Brian J. Stretch and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf. The sentence follows a guilty plea entered last year in which Hussain admitted he did not account for and pay over funds withheld from the wages of employees of Crossroads Home Health Care, Inc. (Crossroads).
Hussain, 69, of Pleasanton, Calif., and Houston, Texas, pleaded guilty on June 10, 2016, to failing to account for and pay over the trust fund taxes. According to the plea agreement, Hussain was the Chief Financial Officer of San Francisco Bay Area-based Crossroads. Hussain admitted that for each pay period between July 1, 2004, and February 27, 2008, he received a Payroll Summary showing wages that had been paid and the employment taxes due. After receiving the Payroll Summary, the defendant transferred funds from Crossroads’ bank account in an amount equal, or close to, the amount of employment taxes, to bank accounts he controlled. Hussain used the transferred monies, including the trust fund taxes, for his own personal use, including funding his other business interests. Defendant also admitted that he intentionally caused a payroll service to prepare and file false Employer’s Quarterly Federal Tax Returns [Forms 941], informing the payroll service that Crossroads had paid fewer wages than it actually paid.
Hussain, was indicted by a federal grand jury on July 30, 2015. He was charged with making or subscribing false tax returns, in violation of 26 U.S.C. § 7206(1); willful failure to truthfully account for and pay over taxes, in violation of 26 U.S.C. § 7202; and structuring transactions to evade reporting requirements, in violation of 31 U.S.C. § 5324(a)(3). Pursuant to his guilty plea, Hussain pleaded guilty to one count of willful failure to truthfully account for and pay over taxes. The remaining counts were dismissed.
The sentence was handed down by the Honorable Jon Tigar, U.S. District Judge. In addition to the prison term and restitution, Judge Tigar also sentenced the defendant to a three-year period of supervised release. Judge Tigar ordered the defendant to begin serving the sentence on or before August 2, 2017.
Assistant U.S. Attorney Cynthia Stier is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Former Boscawen Man Sentence to 51 Months in Federal Prison for Oxycodone TraffickingRead the Press Release
CONCORD, N.H. - Acting United States Attorney John J. Farley announced yesterday that Patrick J. Brooks, II, 37, formerly of Boscawen, New Hampshire, was sentenced to 51 months in federal prison for possession of oxycodone with the intent to distribute.
According to court documents and statements made during earlier court proceedings, in June and July 2016, a Concord, New Hampshire, undercover officer made a series of purchases of oxycodone from an individual who, during those transactions, told the undercover detective that Brooks had been selling oxycodone to her for eleven years. On July 20, 2016, police officers executed a search warrant on Brooks’ Boscawen home. The execution of the warrant yielded nearly 2,000 30-milligram oxycodone pills and approximately $20,000 in cash. The cash recovered from Brooks’ home included currency that the undercover detective had used to buy oxycodone in one of the undercover transactions.
After completing his prison term, Brooks will be on supervised release for three years. The cash and other drug proceeds are the subjects of a pending state forfeiture proceeding.
“The United States Attorney’s Office is committed to working with our law enforcement partners to identify and prosecute those who are responsible for distributing opioids,” Acting U.S. Attorney Farley said. “All too often, the road to heroin or fentanyl addiction begins with the misuse of oxycodone pills. Those who profit from the illicit sales of these pills are contributing to the opioid crisis in the Granite State. We will continue to devote our efforts to putting drug distributors out of business. I commend the efforts of the law enforcement officers in this case for their success in dismantling this significant drug distribution operation.”
This matter was investigated by the Concord and Boscawen police departments. Assistant United States Attorney Bill Morse prosecuted the case.
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Former Bellevue Man Sentenced for Receiving Child PornographyRead the Press Release
Acting United States Attorney Robert C. Stuart announced that Kyle Brenner, 56, formerly from Bellevue, Nebraska, was sentenced on June 5, 2017 in federal court in Omaha for receiving child pornography. Chief United States District Court Judge Laurie Smith Camp sentenced Brenner to five years of imprisonment. There is no parole in the federal system. After his release from prison, Brenner will be required to serve five years of supervised release.
A search warrant was executed on Brenner’s home in 2009 and various computers were seized. Shortly after the search was completed, Brenner left the United States and obtained employment in London. He was extradited back to the United States in 2016.
Brenner was identified following a nationwide investigation by U.S. Immigration and Custom Enforcement’s (ICE) Homeland Security Investigations (HSI) into the production and distribution of child pornography. The investigation revealed that Brenner used his credit card to purchase a subscription for access to a website which provided child pornography. He then accessed the site to download child pornography to his computer in Bellevue, Nebraska. A forensic evaluation of his computer revealed 39 video files and 165 saved image files containing child pornography.
This case was investigated by ICE’s Homeland Security Investigations. “Today’s conviction is yet another example that HSI special agents will use every available means to identify, track down and bring to justice criminals like Kyle Brenner,” said Special Agent in Charge Alex Khu of HSI St. Paul. “The professionalism and dedication shown by our agents in Nebraska are outstanding examples of the work we do every day to protect the children of our nation.”
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 United States Attorney’s 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.
Federal Prisoner and Fiancée Plead Guilty to Running an inmate Taxi ServiceRead the Press Release
ATLANTA – Federal inmate Deldrick D. Jackson and his fiancée Kelly M. Bass pleaded guilty to conspiring to assist inmates to escape from the United States Penitentiary in Atlanta, Georgia. Jackson and Bass conspired to provide escaped inmates with transportation to and from USP Atlanta in exchange for a fee.
“Although hard to believe, federal inmate Deldrick Jackson and his fiancée Kelly Bass ran a for-profit taxi service that transported escaped federal prisoners to local hotels and restaurants,” said U. S. Attorney John Horn. “Their guilty pleas represent the end of the road for their scheme.”
“These guilty pleas in federal court sends a very clear message that those assisting in the escape of federal inmates and the movement of contraband items into these prisons will be facing federal charges along with the inmates involved. Much of the criminal activities seen in this investigation relied largely on the federal inmates’ access to illegally obtained smart phones, a fact that the FBI has seen before in other similar cases. The FBI will continue to work with its various law enforcement partners in ensuring that inmates stay in prison and cell phones and other contraband items stay out,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office
According to U.S. Attorney Horn, the charges, and other information presented in court: the U.S. Penitentiary in Atlanta, Georgia, (“USP Atlanta”) is a medium-security federal prison for male inmates operated by the Federal Bureau of Prisons. USP Atlanta also has a detention center for pre-trial inmates and a satellite prison camp for minimum-security male inmates.
In May 2010, Jackson was convicted in federal court of conspiring to distribute cocaine and conspiring to launder money. From July 2016 to April 2017, Jackson was assigned to USP Atlanta. Prison visitation records showed that Bass is Jackson’s fiancée.
From approximately November 2016 to April 2017, Jackson and Bass conspired to provide escaped inmates with transportation from USP Atlanta to nearby restaurants, hotels, or residences in exchange for a fee. For example, on January 28, 2017, Bass picked up Jackson and other escaped inmates from outside USP Atlanta, drove them to a nearby hotel, and hours later, returned Jackson and the other inmates to USP Atlanta. The escaped inmates paid Jackson and Bass for the rides via a cell phone payment app. Financial records show that Bass received approximately $4,000 from accounts associated with USP Atlanta inmates or the inmates’ families.
On April 13, 2017, Jackson again escaped from USP Atlanta, after which Bass picked him up and drove him to a local fast food restaurant. Soon afterward, law enforcement officers stopped Bass’s SUV and arrested Bass and Jackson. After searching the SUV, officers recovered two cell phones, 83 packs of cigarettes, and eight bottles of Canadian whiskey.
On April 25, 2017, a federal grand jury indicted Deldrick D. Jackson, 41, of DeKalb County, Georgia, and Kelly M. Bass, 38, also of DeKalb County, on conspiratorial and substantive escape charges. Bass pleaded guilty to both counts of the Indictment.
On May 16, 2017, Jackson pleaded guilty to one count of conspiring to escape from federal custody.
The Federal Bureau of Investigation and Atlanta Police Department are investigating this case.
Assistant U.S. Attorneys Jeffrey W. Davis and Timothy H. Lee are prosecuting the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Federal Inmate Sentenced to additional prison time for escaping from Atlanta’s Federal Penitentiary Prison CampRead the Press Release
ATLANTA – Federal inmate Justin B. Stinson has been sentenced to an additional one year and three months in prison for escaping from the United States Penitentiary’s minimum-security camp in Atlanta, Georgia.
“Stinson’s escapes were specifically designed to smuggle contraband back inside the prison camp,” said U. S. Attorney John A. Horn. “Prison contraband presents significant security risks to both inmates and guards while adding to the illicit economy.”
“Prison can be viewed by inmates as being either retributive or rehabilitative. For federal inmate Stinson, whose initial prison sentence began only in 2015, prison clearly shows no sign of being rehabilitative. While smuggled contraband within our prisons remains a concern for all of law enforcement due to its destabilizing influence on the inmate population, the FBI will continue to take a particularly keen interest in those inmates and others responsible for smuggling smart phones into a prison environment because of the vast harm and continued criminal conduct that they afford the inmates,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
According to U.S. Attorney Horn, the charges and other information presented in court: the United States Penitentiary in Atlanta, Georgia (“USP Atlanta”) is a medium-security federal prison for male inmates operated by the Federal Bureau of Prisons. USP Atlanta also has a detention center for pre-trial inmates and a satellite prison camp for minimum-security male inmates. The Federal Bureau of Investigation (“FBI”) and the Atlanta Police Department (“APD”) have been engaged in an investigation to combat instances when USP Atlanta inmates temporarily escape from the prison camp to obtain contraband to smuggle back into the prison or to visit nearby restaurants, hotels, and residences.
In March 2015, Stinson was sentenced to four years, three months in prison after pleading guilty to Possession of a Firearm by a Convicted Felon. From August 2016 to February 2017, Stinson was assigned to serve his time at USP Atlanta’s minimum-security camp.
On February 3, 2017, law enforcement officers conducted surveillance along the USP Atlanta’s prison fence line near New Town Circle. Just after 9:00 p.m., Stinson escaped from USP Atlanta by climbing through a hole in one prison fence and then climbing over USP Atlanta’s outer prison fence. Thereafter, Stinson retrieved a large black duffel bag from the occupant of a stopped car on New Town Circle and began walking back toward USP Atlanta. The FBI then arrested Stinson from a location outside of USP Atlanta’s confines. The FBI also recovered from Stinson a cellular telephone, a pair of scissors, two 1.75 liters of Jose Cuervo tequila, two cartons of Newport cigarettes, four boxes of Black and Mild cigars, and various food items.
On April 20, 2017, Stinson, 37, pleaded guilty to one count of escaping from federal custody. Stinson was sentenced to a one year and three month term of imprisonment (to be served after his current four year, three month prison term).
The Federal Bureau of Investigation and the Atlanta Police Department investigated this case.
Assistant U.S. Attorneys Jeffrey W. Davis and Timothy Lee prosecuted the case.
For further information, please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga
Federal Inmate Charged with Possessing ContrabandRead the Press Release
JOHNSTOWN, Pa. – An inmate at the Federal Correctional Institution in Loretto, Pa., was indicted by a federal grand jury in Johnstown on a charge of possession of a prohibited object in prison, Acting United States Attorney Soo C. Song announced today.
The indictment named Christopher D. Rarick, 37.
According to the indictment presented to the court, on February 16, 2017, Rarick possessed a quantity of Buprenorphine.
The law provides for a maximum sentence of 20 years in prison and a fine of $250,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the defendant.
Assistant United States Attorney Stephanie L. Haines is prosecuting this case on behalf of the government.
The Laurel Highlands Resident Agency of the Federal Bureau of Investigation, and the Federal Correctional Institution, Special Investigative Staff, conducted the investigation leading to the prosecution of Rarick.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Dominican National Sentenced for Her Role in Heroin and Fentanyl Trafficking RingRead the Press Release
BOSTON – A Dominican national was sentenced today in federal court in Boston for her role in a heroin and fentanyl trafficking ring operating in southeastern Massachusetts.
Maria Elena Ocasio, 57, a Dominican national residing in Providence, R.I., was sentenced by U.S. District Court Judge George A. O’Toole Jr. to 30 months in prison and three years of supervised release. Ocasio will be subject to deportation upon completion of her sentence. In March 2017, Ocasio pleaded guilty to one count of conspiracy to distribute heroin and fentanyl.
Ocasio was part of a drug trafficking organization led by her brother, Dedwin Cruz-Rivera. Through use of wiretaps and physical surveillance, the investigation established that Cruz-Rivera obtained large quantities of heroin and fentanyl from local drug suppliers, which he distributed in and around Fall River, Mass., and Providence, R.I. Cruz-Rivera and other co-defendants used Ocasio’s apartment to receive and distribute the heroin. Ocasio also purchased small quantities of heroin for distribution.
The investigation culminated with the arrests and charges of Ocasio and 24 others in connection with Cruz-Rivera’s heroin trafficking operation; an April 2016 superseding indictment brought the number of defendants charged in the case to 26.
More than half of the conspirators charged have pleaded guilty, and eight of the defendants have already been sentenced. Cruz-Rivera pleaded not guilty and is awaiting trial.
Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement. Assistant U.S. Attorneys Katherine Ferguson, Thomas E. Kanwit, Karen Beausey and Ann Taylor of Weinreb’s Narcotics and Money Laundering Unit are prosecuting the cases.
District Man Sentenced to Eight Years in Prison for Gun Offenses, Including Role in Robbery of Food Market in Northeast WashingtonRead the Press Release
WASHINGTON - Anthony Morgan, 28, of Washington, D.C. was sentenced today to eight years in prison on two gun charges, including one stemming from the robbery of a food market on Independence Day last summer in Northeast Washington, announced U.S. Attorney Channing D. Phillips and Peter Newsham, Chief of the Metropolitan Police Department (MPD).
Morgan pled guilty in March 2017, in the Superior Court for the District of Columbia, to possession of a firearm during a crime of violence and unlawful possession of a firearm by a person convicted of a prior crime of violence. He was sentenced by the Honorable Maribeth Raffinan. Following his prison term, Morgan will be placed on two years of supervised release.
According to the government’s evidence, on the morning of July 4, 2016, Morgan and another man entered the Good Food Market located in the 2000 block of Rhode Island Avenue NE. Morgan had a mask on his face and carried a black handgun. Once inside the store, Morgan approached a store employee and demanded that the worker open the cash register. Morgan then immediately reached into the register and grabbed all of the cash inside. Prior to leaving the store with the money, Morgan pointed his handgun at a second victim. Both Morgan and his accomplice fled the scene.
The Metropolitan Police Department investigated the crime and obtained video surveillance. MPD created and distributed look-out bulletins from still shots in the surveillance, leading to Morgan’s arrest. During a search of Morgan at the time of his arrest, MPD recovered a semi-automatic handgun. Morgan previously was convicted in a 2007 robbery case.
A co-defendant, Alfonzo Jackson, 27, also of Washington, D.C., pled guilty in May 2017 to a robbery charge and is to be sentenced on July 14, 2017.
In announcing the sentence, U.S. Attorney Phillips and Chief Newsham commended the work of those who investigated the case from the Metropolitan Police Department. They also expressed appreciation for the assistance provided by the District of Columbia Department of Forensic Sciences. They acknowledged the efforts of those who worked on the case from the U.S. Attorney’s Office, including Michael Ambrosino, Special Counsel for DNA and Forensic Evidence Litigation, Paralegal Specialist Benjamin Kagan-Guthrie and Diana Lim, Katina Adams-Washington, and LaJune Thames of the Victim/Witness Assistance Unit. Finally, they commended the work of Assistant U.S. Attorney Vanessa Goodwin, who investigated and prosecuted the case.
Derry Man Pleads Guilty to Distributing FentanylRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Anthony Barth, 25, of Derry, New Hampshire, pleaded guilty in federal court yesterday to two counts of distributing fentanyl and one count of possessing with intent to distribute 400 or more grams of fentanyl.
According to statements made in court, Barth sold fentanyl to a confidential informant on two occasions in July and August of 2016. On August 17, 2016, the confidential informant placed an order for 50 “fingers” or approximately 500 grams of fentanyl. The defendant arrived at the predetermined meeting location in Derry, New Hampshire where officers attempted to arrest him. Barth tried to flee, hitting a police car and eventually abandoning his own vehicle behind a nearby business. He ran into a wooded area where he attempted to discard the drugs but was apprehended shortly thereafter. Officers searched the wooded area and found the drugs, which lab results confirmed contained approximately 490 grams of fentanyl.
A sentencing hearing has been scheduled for September 14, 2017 at 10:00 a.m. at the United States District Court. The defendant faces a minimum mandatory sentence of 10 years and a maximum sentence of life imprisonment.
“The United States Attorney’s Office is dedicated to working with our federal, state, and local law enforcement partners to arrest and prosecute individuals who are distributing deadly drugs like fentanyl,” Acting U.S. Attorney Farley said. “While the law enforcement community recognizes that those who suffer from addiction require treatment, those who profit from the sale of these deadly products are damaging the fabric of our communities. This case is another example of our continuing efforts to stop the distribution of illegal opioids into our state.”
“The state of New Hampshire is faced with a fentanyl and heroin crisis unlike ever before,” said DEA Special Agent in Charge Michael J. Ferguson. “Those suffering from fentanyl and heroin addiction need treatment and recovery, but those that distribute and profit from spreading this misery need to be held accountable. This investigation demonstrates the strength of collaborative law enforcement in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively seek and bring to justice anyone who distributes this poison.”
This case was investigated by the Drug Enforcement Administration and the Manchester and Derry Police Departments. It is being prosecuted by AUSA Georgiana L. Konesky.
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Dallas Woman Pleads Guilty for Her Role in a “Foreclosure Rescue Scheme” That Exploited Vulnerable Homeowners Facing ForeclosureRead the Press Release
DALLAS — Christina Renee Caveny, 37, of Dallas, appeared in federal court this morning before U.S. Magistrate Judge Irma Carrillo Ramirez and pleaded guilty to one count of conspiracy to commit mail fraud, announced U.S. Attorney John Parker of the Northern District of Texas.
Caveny faces a maximum statutory penalty of five years in federal prison and a $250,000 fine. Restitution could also be ordered. Caveny will remain on bond pending sentencing, which is set for September 18, 2017.
A federal grand jury in Dallas returned an indictment in December 2016 charging Caveny and three others with felony offenses stemming from a “foreclosure rescue scheme” they ran from approximately February 2012 through January 2013. Mark Demetri Stein, 36, of Carrollton, Texas, and Richard Bruce Stevens, 51, of San Antonio, Texas, are scheduled to begin trial on August 28, 2017. Bruce Kevin Hawkins, 52, of Desoto, Texas, is scheduled to plead guilty on June 20, 2017.
According to plea documents in Caveny’s case, Stein operated Real Estate Solutions, Stevens used Texas Real Estate Services, and Hawkins formed ERealty Mortgage Group, LLC, as foreclosure rescue companies. The conspirators used third parties to contact homeowners and offer them an opportunity to get out of their present home loans and receive a new home loan with a reduced interest payment and reduced monthly payment. Caveny and other conspirators falsely represented to homeowners that they had “investors” standing by who were ready to quickly purchase the homeowner’s present loan from the lender holding the current mortgage. They also falsely represented that they would use investors to purchase the homeowner’s loan from the original lender at a greatly reduced price through a “short sale” process.
Furthermore, Caveny and other conspirators falsely represented to the homeowners that the homeowners had the legal authority to transfer their homeowner’s deed to the defendants.
As part of the scheme, the conspirators fraudulently required homeowners to start making all future loan payments to them based on fraudulent so-called “loans,” and they also told homeowners to ignore late payment notices sent by lenders. As part of the scheme, the conspirators conducted a fraudulent “closing” for each homeowner where they caused the homeowner to pay them a large down payment on the new “loan,” and they also had the homeowner sign fraudulent documents, such as a promissory note, deed of trust, special warranty deed, and/or a so-called “land trust.”
Further, according to plea documents, the conspirators falsely represented to homeowners that the conspirators could “sell” their property back to the homeowner with a new loan, when the conspirators well knew they did not legally own the property. The conspirators also told homeowners to ignore notices of nonpayment from their present lender as they continued to unlawfully collect monthly so called “mortgage payments” from homeowners. In fact, conspirators instructed several homeowners to file for bankruptcy but to not follow up with the bankruptcy process as an additional means to delay foreclosure and conceal the conspirators’ criminal conduct. Conspirators concealed that all down payment and monthly mortgage payments fraudulently collected from homeowners was spent for their own personal benefit.
The defendants recruited at least 70 distressed and vulnerable homeowners who were facing the imminent threat of foreclosure on their homes and fraudulently collected a total of at least $242,000 from them.
This case is one of several felony prosecutions of bankruptcy-related crimes generated by the Bankruptcy Fraud Initiative in the Northern District of Texas. With the charges in this indictment, 26 defendants have been charged as part of that initiative. Nineteen have been convicted, one resulted in a mistrial, and six are pending trial.
The Dallas FBI investigated the case. Assistant U.S. Attorney David Jarvis is in charge of the prosecution.
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Dallas Technology Company’s Former Lead Systems Engineer Pleads Guilty to Mail Fraud and Money Laundering ChargesRead the Press Release
DALLAS — Albert Shih-Der Chang, the former Lead Systems Engineer for a Dallas technology company known as One Technologies, appeared in federal court this morning and pleaded guilty, before U.S. Magistrate Judge Paul D. Stickney, to one count of mail fraud and one count of money laundering. The announcement was made today by U.S. Attorney John Parker of the Northern District of Texas.
Chang, 36, of Fairview, Texas, will remain on bond pending sentencing. The date for the sentencing hearing has not yet been set. Chang faces a maximum statutory penalty of 30 years imprisonment for the mail fraud count and 10 years imprisonment for the money laundering count. Each count provides for the possibility of a fine of up to $250,000. An order of restitution is mandatory under the law, and will be determined at sentencing. The indictment also included a forfeiture allegation that would require the defendant, upon conviction, to forfeit any property that constitutes or was derived from proceeds traceable to the fraud, including his residence in Fairview.
In his Plea Agreement, Chang also agreed to relinquish any ownership interest in property seized from his residence in July 2016, to include several dozen devices such has hard drives, laptops, thumbdrives, servers, and cell phones.
According to the plea documents, from approximately October 4, 2004, through August 15, 2014, Chang worked for One Technologies, initially as its Network/Systems Administrator and later as its Lead Systems Engineer. From approximately July 2008 through August 2014, Chang devised and ran a scheme to defraud One Technologies by causing the company to pay more than $2.4 million as a result of his false and fraudulent pretenses, representations and promises. Chang caused One Technologies to transfer funds, based on material representations, to financial accounts he controlled, and Chang caused One Technologies to purchase products, purportedly for the company’s use, that Chang later converted to his own use.
To carry out his scheme, Chang allegedly created fictitious companies for which he opened bank accounts or PayPal accounts. He rented mailboxes and contracted for virtual offices with mail forwarding services for the fictitious companies. He also created and submitted fictitious purchase requisitions, orders, invoices, and receipts that One Technologies paid.
According to plea documents, Chang acknowledged that the government could prove that he directly caused a loss of at least $2,152,035.60. Also, from approximately April 15, 2013, until May 30, 2013, Chang wired-transferred nearly $300,000 from his joint account at Chase Bank to a title company to purchase a residence on Stone Hinge Drive in Fairview, and that funds transfer involved the proceeds of the fraud.
The FBI was in charge of the investigation and the Fairview Police Department assisted with the arrest. Assistant U.S. Attorney C.S. Heath is in charge of the prosecution.
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Crown Point Man Charged with Online StalkingRead the Press Release
HAMMOND – The Acting United States Attorney for the Northern District of Indiana, Clifford D. Johnson, announced that Adam Russell Hegyi, age 30, of Crown Point, Indiana was charged with transferring obscenity to a person under 16 and online stalking.
The complaint alleges that between on or about January 1, 2015 and June 2, 2017, Hegyi used a variety of social media applications to communicate with a minor child beginning when she was 12 years old. Through these applications, Hegyi sent photos of his genitals and coerced the child to send nude photos to him. Thereafter, Heygi caused the minor to take additional photos by threatening to release the photos she had already sent online.
The United States Attorney’s office emphasizes that a Complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This complaint results from an investigation by the Federal Bureau of Investigation in both Merrillville, Indiana and Charlotte, North Carolina, with the assistance of the Gary and Hammond Police Departments, the Indiana State Police, the Lake County, Indiana Sheriff’s Department and the Rowan County, North Carolina, Sheriff’s Office. This case is being handled by Assistant United States Attorney Jill R. Koster.
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Clinton Man Sentenced to 235 Months in Prison for Child Pornography ChargesRead the Press Release
Davenport, IA - On June 6, 2017, Michael Joseph Wilsonheather Jean Reekr, 34, of Clinton, Iowa, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger to 235 months in prison for possession and distribution of child pornography, announced United States Attorney Kevin E. VanderSchel. Wilson will be required to serve eight years of supervised release following his imprisonment.
On January 17, 2017, Wilson pleaded guilty to the charges and admitted he knowingly possessed and distributed child pornography in the Southern District of Iowa between January 2014 and May 20, 2014. The charge was the result of a cyber-tip by Google to the National Center for Missing and Exploited Children. A search warrant was conducted at Wilson’s residence and multiple electronic devices were seized. An exam of the devices uncovered a total of 197 images and 387 videos containing child pornography. The ages of the children ranged from infants up to approximately 15 years old. Wilson communicated with and distributed child pornography to others in exchange for more child pornography.
This investigation was conducted by the Clinton Police Department, Davenport Police Department and the Iowa Division of Criminal Investigation’s Internet Crimes Against Children Task Force. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at [email protected].
Chinese Businessman Sentenced to Ten Years in U.S. Prison for Attempting to Provide Military Equipment to Peruvian Terrorist OrganizationRead the Press Release
CHICAGO — A Chinese businessman was sentenced today to ten years in federal prison for attempting to provide military equipment to a Peruvian terrorist organization.
GUAN YING LI, also known as “Henry Li,” pleaded guilty in 2014 to one count of attempting to provide material support and resources to Shining Path, a terrorist organization whose original goal was to overthrow the government of Peru and replace it with a Maoist socialist system. In 2011 Li brokered several deals with a purported Chicago-area businessman to provide military equipment to Shining Path, knowing that the equipment was to be used to kill Peruvian and U.S. government personnel. Unbeknownst to Li, the purported Chicago-area businessman was actually an undercover law enforcement agent.
U.S. District Judge Joan Humphrey Lefkow imposed the 120-month prison term at a sentencing hearing in federal court in Chicago.
The sentence was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; James M. Gibbons, Special Agent-in-Charge of the Chicago office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and Ryan Reihms, Special Agent-in-Charge of the Central Field Office of the Defense Criminal Investigative Service of the U.S. Department of Defense’s Office of Inspector General.
Li, 50, of Hong Kong, acquired and sold to the undercover agent five thermal batteries designed for use in the man-portable air-defense system known as MANPAD. These surface-to-air missiles would allow Shining Path members to shoot down helicopters, including those carrying U.S. personnel. According to Li’s plea agreement, Li caused the batteries to be shipped from Hong Kong to an address in Central America provided by the undercover agent.
Li also sold eight Paratrooper Assault Harnesses, eight Paratrooper backpacks, eight shovels, two VHF radios and four night-vision systems, the plea agreement states. Li caused this equipment to be shipped from China to an address in Elmhurst, Ill., provided by the undercover agent.
Pursuant to his plea agreement, Li agreed to cooperate in any matter in which he is called upon by the U.S. Attorney’s Office for the Northern District of Illinois.
The government is represented by Assistant U.S. Attorney Matt Hiller.
Camden County, New Jersey, Man Admits Conspiracy to Sexually Exploit ChildrenRead the Press Release
CAMDEN, N.J. – A Collingswood, New Jersey, man today admitted conspiring with his former girlfriend to produce sexually explicit images of two children, Acting U.S. Attorney William E. Fitzpatrick announced.
Alexander Capasso, 43, pleaded guilty before U.S. District Judge Jerome B. Simandle to Count One of an indictment charging him with conspiring with Janine Kelley, 36, of Audubon, New Jersey, to engage in the sexual exploitation of children.
According to documents filed in this case and statements made in court:
Capasso began a sexual relationship with Kelley in 2010. During that relationship, Capasso took, or allowed Kelley to take, recorded images of Capasso engaged in sexually explicit conduct with a child. Capasso also took, or allowed Kelley to take, recorded images of Kelley engaged in sexually explicit conduct with two children.
According to the terms of the plea agreement, if accepted by the court, Capasso will receive a term of between 15 and 20 years in prison as well as a lifetime of supervised release. He also faces a potential $250,000 fine and must pay full restitution to the victims. Sentencing is scheduled for Sept. 20, 2017. Capasso has been in federal custody since his July 20, 2015 arrest.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI Philadelphia Division, under the direction of Special Agent in Charge Michael Harpster, and the FBI Washington D.C., Field Office, under the direction of Assistant Director in Charge Andrew Vale, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorneys Diana Carrig and Sara Aliabadi of the U.S. Attorney’s Office in Camden.
Defense counsel: Terri Lodge Esq., Cinnaminson, New Jersey
California Man Sentenced to Prison for Federal Drug Trafficking Conviction in New MexicoRead the Press Release
ALBUQUERQUE – Jesus Omar Morales-Anguiano, 35, of Hesperia, Calif., was sentenced today in Albuquerque, N.M., to 60 months in prison followed by four years of supervised release for his narcotics trafficking conviction.
Morales-Anguiano was arrested in July 2015, after law enforcement officers found approximately 394.09 grams (.86 pounds) of heroin, 29.66 grams (.06 pounds) of cocaine and 28.46 grams (.06 pounds) of methamphetamine in his vehicle during a traffic stop. According to the criminal complaint, Maestas agreed to have a narcotics canine inspect his vehicle, and after the canine alerted to the presence of drugs, the officers located the wrapped packages concealed in the vehicle’s stereo unit.
Morales-Anguiano was subsequently indicted on Aug. 12, 2015, and charged with possession of heroin, cocaine and methamphetamine with intent to distribute on July 21, 2015, in Bernalillo County, N.M.
Morales-Anguiano entered a guilty plea to the indictment on Dec. 20, 2016, and admitted that on July 21, 2015, he possessed heroin, cocaine and methamphetamine while he was driving to Albuquerque from California. Morales-Anguiano further admitted that he was to be paid when he arrived back in California.
This case was investigated by Homeland Security Investigations and the New Mexico State Police. Assistant U.S. Attorney Letitia C. Simms prosecuted the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Berkeley County man pleads guilty to his role in a heroin distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Charles Wright, 37, of Martinsburg, West Virginia, was convicted of heroin distribution, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Wright admitted to traveling between Maryland and West Virginia to aid in a heroin distribution operation in March 2016.
Wright pled guilty to one count of “Aiding and Abetting Interstate Travel in Aid of Racketeering.” He faces up to five years in prison and a fine of up to $500,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Albuquerque Man Sentenced for Conviction on Misdemeanor Charge of Assaulting a Federal OfficerRead the Press Release
ALBUQUERQUE – Joe J. Zambrano, 55, of Albuquerque, N.M., was sentenced today in federal court in Santa Fe, N.M., to six months in prison followed by one year of supervised release for his conviction on a misdemeanor charge of assaulting, resisting and impeding a federal officer in the performance of their official duties.
Zambrano was charged in a criminal complaint with assaulting, resisting or impeding federal officers, and providing false information to law enforcement officers on Jan. 15, 2017, in Bernalillo County, N.M. According to the criminal complaint, on Jan. 15, 2017, Zambrano attempted to use his vehicle as a weapon against Park Rangers of the National Park Service during a routine traffic stop within the Petroglyph National Monument. Zambrano then provided a false name, birthdate and social security number to the Park Rangers in response to their request for Zambrano’s identification information.
Zambrano subsequently was charged by a misdemeanor information on Jan. 18, 2017, with assaulting, resisting and impeding a federal officer. On March 1, 2017, Zambrano pled guilty to the information. and admitted that on Jan. 15, 2017, he nearly struck a Park Rangers with his vehicle while attempting to flee from two Park Rangers. Zambrano further admitted that he ignored the Park Rangers’ verbal commands that he stop his vehicle.
This case was investigated by the National Park Service and was prosecuted by Assistant U.S. Attorney Eva Fontanez.
5 June 2017
Winter Harbor Man Sentenced to Five Years for Possession of Child PornographyRead the Press Release
Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Jack Palmer, 66, of Winter Harbor, Maine, was sentenced today in U.S. District Court to five years in prison to be followed by ten years of supervised release for possession of child pornography. Palmer was convicted on September 13, 2016 following a jury trial.
The evidence at trial revealed that on October 23, 2014, law enforcement officers executed a search warrant at Palmer’s residence where they recovered a laptop computer and compact disks. A forensic examination of these items revealed over 300 images and videos of child pornography. During two separate interviews with law enforcement, Palmer admitted to searching for, viewing, and collecting child pornography.
At sentencing, Judge John A. Woodcock, Jr. noted that Palmer had done something “terribly wrong” and that the images of child pornography were “abhorrent.” Judge Woodcock admonished Palmer for committing a “terrible crime against children.”
The investigation was conducted by the Maine State Police Computer Crimes Unit and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov
West African computer hacker sentenced to Federal PrisonRead the Press Release
ATLANTA - Eric Donys Simeu, a/k/a Martell Collins, a citizen of Cameroon extradited from France, has been sentenced to four years, ten months in federal prison for a series of “phishing campaigns” which targeted clients of Global Distribution Systems.
“This case shows the global reach of our cyber investigation and prosecution capabilities,” said U.S. Attorney John Horn. “The great work of our domestic and international law enforcement partners brought a cybercriminal operating from the streets of West Africa to justice for seeking to harm one of our district’s corporate citizens, among others.”
“The sentencing of international cyber hacker Eric Donys Simeu to federal prison, as well as his arrest abroad and the resulting and protracted international extradition that brought him back to the U.S., is a direct result of the hard work and persistence of numerous FBI investigators and federal prosecutors working with their international partners. The cooperation between law enforcement, both domestic and international, and the victim companies targeted, as seen in this case, is an example of what it takes to investigate, apprehend, and present for prosecution those international criminals who feel that they are beyond the reach of U.S. law enforcement,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“This sentencing sends a strong message that DSS is committed to making sure those who commit cybercrimes, identity theft and fraud, face consequences for their criminal actions,” said Richard Ingram, Special Agent in Charge, U.S. Department of State’s Diplomatic Security Service, Washington, D.C. Field Office. “Diplomatic Security’s strong relationship with the U.S. Attorney’s Office and presence around the world are essential to our success in partnering with international law enforcement, investigating, apprehending and returning offenders to the United States to face justice.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Eric Simeu was responsible for a series of “phishing campaigns” which targeted customers of Global Distribution System (“GDS”) companies from approximately July 2011 to September 2014. The GDS companies impacted by Simeu’s criminal conduct included Travelport, which maintains a major presence in Atlanta, and Sabre, which is headquartered in Southlake, Texas.
A “phishing campaign” is the act of sending targeted emails to individuals for the purpose of acquiring usernames and passwords. The emails masquerade as an official communication from a legitimate company to gain the trust of the recipient and deceive them into providing protected information.
GDS companies provide travel booking services to travel agencies and travel-related websites. Airline tickets that are issued from sources other than air carriers themselves are generally processed through a GDS company. Customers of GDS companies, such as representatives from a travel agency or travel-related website, are issued unique login credentials that are used to authenticate their identity and facilitate the issuance of airline tickets on GDS servers.
Simeu’s phishing campaigns targeted customers of Travelport and Sabre, causing phishing emails to be delivered to their customers for the purpose of obtaining and stealing their unique log-in credentials. Simeu and others used the stolen log-in credentials to access the servers of Travelport and Sabre and cause the issuance of fraudulent airline tickets. Simeu and others then sold these airline tickets to customers, mostly in West Africa, for fractions of the actual cost, or used them for personal travel. The value of the fraudulently issued airline tickets exceeded $2 million.
On September 3, 2014, Eric Donys Simeu, 32, was arrested by French law enforcement pursuant to a federal criminal complaint issued out of the Northern District of Georgia. At the time of his arrest, Simeu was traveling from Casablanca, Morocco, to Paris, France, on a fraudulently issued airline ticket in the name of his alias, Martell Collins, utilizing a fraudulent United Kingdom passport under the same name. A federal grand jury in the Northern District of Georgia returned an indictment against Simeu on September 23, 2014, and Simeu was extradited from France on May 19, 2016. Simeu had been in French custody since his arrest in September 2014, pending completion of extradition proceedings.
Simeu pled guilty to conspiracy to commit wire fraud on December 13, 2016. On May 25, 2017, U.S. District Court Judge William S. Duffey, Jr., sentenced Simeu to four years, ten months in prison, and ordered him to pay $162,146 in restitution to Travelport.
This case was investigated by the Federal Bureau of Investigation and U.S. Department of State’s Diplomatic Security Service.
Assistant U.S. Attorney Steven D. Grimberg and Trial Attorney Peter Roman with the U.S. Department of Justice Computer Crime and Intellectual Property Section prosecuted the case. The Justice Department’s Office of International Affairs provided valuable assistance.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Virginia man convicted of traveling across state lines to have sex with a minorRead the Press Release
MARTINSBURG, WEST VIRGINIA – Johnnie William Bateman, III, of Culpepper, Virginia, was convicted today of traveling across state lines to meet a minor for sex, Acting United States Attorney Betsy Steinfeld Jividen announced.
Bateman, age 39, pled guilty to one count of “Travel with Intent to Engage in Illicit Sexual Conduct.” Bateman admitted to traveling from Virginia to Berkeley County, West Virginia in August 2016 to engage in illicit sexual conduct with a person he believed to be a 15-year-old girl.
Bateman faces up to thirty years incarceration and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Anna Z. Krasinski is prosecuting the case on behalf of the government. The West Virginia State Police investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Two Who Targeted U.S. Marines Sentenced for Conspiracy, Wire Fraud, and Aggravated Identity TheftRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, John Stuart Bruce, announced that today, Senior District Court Judge W. Earl Britt sentenced JONES TYLER MARTIN, of Hampton, South Carolina, and HAILEY TYKOSKI, of Wayne, Michigan, for their convictions in a fraudulent scheme that seriously impacted the United States Marine Corps and numerous victim Marines from North Carolina to California. MARTIN was sentenced to 57 months imprisonment, 5 years supervised release, and was ordered to pay $117,306.42 in restitution, and TYKOSKI was sentenced to 5 years probation and was ordered to pay $42,289.05 in restitution.
In September 2016, a federal grand jury in Wilmington, North Carolina, returned a five-count indictment charging MARTIN and TYKOSKI with conspiring to commit wire fraud, wire fraud, aggravated identity theft, and aiding and abetting. On January 30, 2017, MARTIN pled guilty to conspiracy to commit wire fraud and aggravated identity theft. On March 27, 2017 TYKOSKI pled guilty to conspiracy to commit wire fraud.
John Stuart Bruce, United States Attorney for the Eastern District of North Carolina, stated: “The U.S. Department of Justice and the U.S. Attorney’s Office in this district treat cases such as this one with high priority. There will continue to be vigorous prosecution of those who commit fraud and cybercrimes targeting members of the armed services and veterans.”
H. Andrew Goodridge, Special Agent in Charge, Naval Criminal Investigative Service, stated: “This case reminds all of us to remain vigilant about what information we provide to strangers, it also demonstrates that NCIS is committed to pursuing those who exploit US service members."
The investigation revealed that between 2013 and 2015, MARTIN, working with accomplices including TYKOSKI, created fake female identities on internet dating websites for the purpose of targeting and luring young enlisted Marines into virtual relationships. In the course of the fraud scheme, the defendants sent text messages and emails to Marines who were deceived into believing they were in online romantic relationships. The conspirators induced the victims to take out personal loans from Navy Federal Credit Union. Using the victims’ personal identification, MARTIN then initiated wire transfers of the loan proceeds into other accounts. MARTIN also withdrew funds using new lines of credit and accounts in the victims’ names, leaving the victim Marines to pay off the debts.
Investigation of this case was conducted by the Naval Criminal Investigative Service, Field Office Carolinas, Camp Lejeune, North Carolina. Special Assistant United States Attorney Mark Griffith prosecuted the case for the government.
Two Bloods Gang Member Brothers Sentenced in Manhattan Federal Court, One for Committing A 2005 MurderRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that brothers BURNELL SCOTT, a/k/a “B.U.,” and BURCHANTI SCOTT, a/k/a “Napp,” were sentenced in Manhattan federal court today. BURCHANTI SCOTT was sentenced to 11 years in prison for distributing heroin, while BURNELL SCOTT was sentenced to 25 years in prison in connection with the 2005 drug-related murder of Kason Pinnick, a/k/a “Marijuana” (“Pinnick”) in Paterson, New Jersey. U.S. District Judge Laura Taylor Swain imposed both sentences.
Acting U.S. Attorney Joon H. Kim said: “As they admitted in their guilty pleas, Burnell and Burchanti Scott, brothers and longtime members of the Bloods street gang, distributed heroin and used violence to protect their drug distribution territory. Burnell Scott in fact shot and killed Kason Pinnick over a territorial dispute in Paterson, New Jersey. Today, each brother was sentenced to the lengthy prison term their crimes merit.”
BURCHANTI SCOTT previously pled guilty to participating in a conspiracy to distribute and possess with the intent to distribute more than 100 grams of heroin.
BURNELL SCOTT previously pled guilty to participating in a conspiracy to distribute and possess with the intent to distribute more than one kilogram of heroin.
According to the indictments and the felony information previously filed in Manhattan federal court, and public information:
BURNELL SCOTT, a long-time member of the G-Shine set of the Bloods street gang, was arrested on October 30, 2013, in Paterson, New Jersey. On February 24, 2016, SCOTT pled guilty to participating in a conspiracy to distribute and possess with the intent to distribute more than one kilogram of heroin, from 2005 through 2014. SCOTT admitted that, as part of the charged narcotics distribution offense, he and his co-conspirators were engaged in an ongoing dispute concerning, inter alia, drug distribution territory in Paterson. In connection with that ongoing dispute, on or about September 28, 2005, SCOTT encountered Pinnick in the vicinity of Twelfth Avenue and East 23rd Street, in Paterson. SCOTT pulled out a firearm, and discharged multiple rounds at Pinnick at point-blank range, striking Pinnick in the head, and killing him.
BURCHANTI SCOTT, the brother of BURNELL SCOTT and a high-ranking member of the Fruit Town Brims set of the Bloods street gang, who used violence or the threat of violence to protect his drug distribution territory, was writted into federal custody on March 18, 2014, from the New Jersey Department of Corrections, where he was incarcerated. On August 17, 2016, BURCHANTI SCOTT pled guilty to participating in a conspiracy to distribute and possess with the intent to distribute more than 100 grams of heroin, from 2012 through 2014.
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Mr. Kim praised the outstanding investigative work of the Federal Bureau of Investigation (“FBI”) Safe Streets Task Force, Newark Division, the Paterson Police Department, the Passaic County Prosecutor’s Office, the Clifton Police Department, and the New Jersey State Police.
The Office’s Violent and Organized Crime Unit is overseeing the case. Assistant U.S. Attorney Justina L. Geraci is in charge of the prosecution.
Two Arrested for Transporting Nearly Seven Kilos of Cocaine on Commercial FlightRead the Press Release
BOSTON – Two men were arrested for allegedly trafficking nearly seven kilos of cocaine that were sent from the Dominican Republic to Boston on a commercial airline.
Juan Luis Perez Garcia, 44, a Dominican national residing in Bronx, N.Y., and Juan Artiles Taveras, 43, of Lakewood, N.J., were arrested Friday, June 2, 2017, in Attleboro, Mass., and charged with possession with intent to distribute cocaine.
According to court documents, a cooperating witness (CW) worked with investigators to identify members of a narcotics organization based in the Dominican Republic. At a meeting in the Dominican Republic in June 2015, the CW and an undercover officer learned that one of the members of the narcotics organization had contacts who could put drugs on JetBlue flights destined for the United States, but who needed assistance in Boston taking the drugs off the plane. The CW responded that he worked at the airport in Boston and could get the drugs off the aircraft without having them discovered. In July 2015, another member of the drug organization told the CW that he had the ability to smuggle contraband into the United States from the Dominican Republic via JetBlue commercial flights.
It is alleged that in February 2016, the CW spoke with Perez Garcia about arranging for cocaine to be put on a plane in the Dominican Republic for delivery to the CW in Boston. On June 2, 2017, arrangements were allegedly made for a suitcase containing cocaine to arrive on a JetBlue flight from the Dominican Republic to Boston. When the flight arrived in Boston, federal agents intercepted the suitcase and field-tested its contents which yielded a positive result for cocaine and weighed nearly seven kilos. On the evening of June 2, 2017, Perez Garcia and Artiles Taveras met the CW and undercover officer at a parking lot in Attleboro, Mass., to exchange money for the drugs. Federal agents placed the two men under arrest.
The charging statute for possession with intent to distribute five kilograms or more of cocaine provides for a mandatory minimum sentence of 10 years and up to a lifetime in prison, up to five years of supervised release and a fine of $10 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston; and Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office made the announcement today. Assistance was provided by Customs and Border Protection and the Attleboro Police Department. Assistant U.S. Attorney David G. Tobin of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Taos County Man Pleads Guilty to Oxycodone Trafficking ChargeRead the Press Release
ALBUQUERQUE – Joseph Cordova, 30, of Chamisal, N.M., pled guilty today in federal court in Albuquerque, N.M., to an Oxycodone trafficking charge. The plea agreement recommends that Cordova be sentenced to a 48-month prison sentence followed by a term of supervised release to be determined by the court.
Cordova was arrested on Sept. 30, 2016, on an indictment charging him with possessing Oxycodone, heroin, cocaine and methadone with intent to distribute. The indictment alleged that Cordova committed the crimes on June 5, 2016, in Taos County, N.M.
During today’s proceedings, Cordova pled guilty to Count 1 of the indictment charging him with possessing Oxycodone with intent to distribute. In entering the guilty plea, Cordova admitted that on June 5, 2016, officers of the New Mexico State Police found more than 1,000 Oxycodone pills while searching Cordova’s vehicle. Cordova admitted that he intended to distribute the pills to others. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney Peter J. Eicker is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Suburban Fugitive Sentenced in Absentia to More than 20 Years in Federal PrisonRead the Press Release
HOUSTON – A 53-year-old Houston-area contractor has been sentenced in absentia for his role in a $16 million loan fraud scheme, announced Acting U.S. Attorney Abe Martinez.
Oscar Cantalicio Ortiz, who had resided in Kingwood prior to becoming a fugitive in this case, pleaded guilty June 30, 2016, to conspiring to commit bank, mail and wire fraud. He was set for set for sentencing April 24, 2017, but failed to appear for that hearing.
Today, U.S. District Judge Kenneth Hoyt sentenced Ortiz in absentia to a 262-month-term of federal imprisonment. He was further ordered to pay $5,462,800 in restitution. At the hearing today, court heard testimony that Ortiz was aware of the previous hearing and that he had cut off his ankle monitor and left it on the side of the road.
He is considered a fugitive and a warrant remains outstanding for his arrest. Anyone with information about his whereabouts is asked to contact the FBI at 713-693-5000.
His codefendant – Houston realtor Seung Min Santillan, aka Suzy, 57, also of Houston – pleaded guilty to the conspiracy and making false statements on a loan application in September 2016. She was previously sentenced to 168 months in federal prison and ordered to pay $5,299,500 in restitution.
Ortiz and Santillan operated a mortgage fraud scheme in which they recruited straw borrowers to purchase residential properties in the Houston area. Loans were obtained from lending institutions to purchase these properties in the names and using the credit of the straw borrowers. The lenders were provided materially false information to induce them to fund these residential loans, including fraudulent appraisal reports. The loans were funded and ultimately fell into default when all the mortgage payments were not made as promised.
Ortiz and Santillan utilized several business entities during the execution of the scheme to defraud including Uptown Builders LLC, Americorp Builders LLC, Luxury Quality Homes LLC and Santi Investments. In recruiting straw borrowers during the scheme, the borrowers were told the residential property would be in their name for a short period while Ortiz made modifications to the property prior to reselling the house. Ortiz and Santillan promised the straw borrowers that they would handle all the costs associated with purchasing and holding these properties.
Once the loans to purchase the residence funded, one or more of the business entities Ortiz utilized would receive a large portion of the loan proceeds. This occurred even when the same property was purchased for the second time in the name of a new straw borrower. The defendants were able to take a large portion of the loan proceeds since the value of the residence was inflated with fraudulent appraisal reports.
The FBI conducted the investigation. Assistant U.S. Attorney Melissa Annis is prosecuting the case.
Statement on Filing of Federal Carjacking, Kidnapping Charges Against Harrison in UTA CaseRead the Press Release
SALT LAKE CITY -- An Information charging Dereck James Harrison with one count of carjacking and one count of kidnapping was filed late Friday afternoon in U.S. District Court in Salt Lake City.
Count 1 of the indictment alleges Harrison took by force, violence and intimidation, and with intent to cause death or serious bodily harm, a 2013 Ford F150 pickup from a person identified as K.P.R. in the Information. The Information further alleges the May 12, 2016, carjacking resulted in the death of K.P.R.
Count 2 charges Harrison with the May 12, 2016, kidnapping of K.P.R. The indictment alleges Harrison took the victim from Utah to Wyoming and, according to the Information, the kidnapping resulted in the death of K.P.R.
The potential sentence for the charges in the Information is mandatory life in prison. An Information is not a finding of guilt. Individuals charged in an Information are presumed innocent unless proven guilty in court.
The District of Utah has concurrent jurisdiction in this case with Salt Lake County, Utah, and Lincoln County, Wyoming. Although Harrison is being prosecuted in Lincoln County, federal prosecutors believe Utah’s interests in the case have yet to be vindicated.
The victim was a resident of Utah. The crimes alleged in the Information filed Friday occurred in Salt Lake County, Utah. In consultation with the Salt Lake District Attorney’s Office, a decision was made to represent Salt Lake County and the District of Utah’s interests by proceeding with a federal prosecution of Harrison. The FBI and the U.S. Marshals Service have been actively involved in the investigation of this case since the alleged crimes occurred.
Schuele Boys Associate Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. — Acting U.S. Attorney James P. Kennedy, Jr. announced today that Andre Jackson, 29, of Buffalo, who was convicted of conspiracy to distribute cocaine, was sentenced to time served by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between June 2013 and July 2014, Jackson conspired with other Schuele Boys associates and gang members, including Michael Robertson, to distribute cocaine in the City of Buffalo.
The Schuele Boys refers to a gang that operated in the Schuele Street area of the East Side of Buffalo and is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana.
Jackson is one of 28 individuals arrested as part of the Schuele Boys investigation. To date, 23 of those 28 defendants have been convicted. 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.
Today’s sentencing is the culmination of an investigation on the part of the FBI's Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Schenectady Man Sentenced to 87 Months for Child Pornography OffensesRead the Press Release
ALBANY, NEW YORK - Jeffrey Butler, age 33, of Schenectady, New York, was sentenced today to serve 87 months in prison for receiving and possessing child pornography.
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).
United States District Judge Mae A. D’Agostino also sentenced Butler to 15 years of supervised release, to begin following his release from prison.
As part of his February 6, 2017 guilty plea, Butler admitted that he used the Internet and a peer-to-peer file sharing program to download child pornography. In his home, Butler possessed electronic devices that contained videos and still images depicting the sexual exploitation of children.
At sentencing today, Judge D’Agostino told Butler: “Many, many people continue to believe that viewing child pornography is a victimless crime. But it is important, I think, for the record to establish that what you were viewing, Mr. Butler, was horrendous crimes being committed against children who are real children. They're not fake, they're not three-dimensional caricatures, and it's not victimless. Because every time you view child pornography, you are prolonging and perpetuating the agony that these real children sustained when they were being tortured and raped as depicted in many of the images and films that you viewed.”
This case was investigated by HSI and prosecuted by Assistant U.S. Attorney Emmet O’Hanlon.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, 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 identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Sacramento Woman Sentenced for Making Counterfeit CurrencyRead the Press Release
RENO, Nev. – A California woman was sentenced today by U.S. District Judge Miranda M. Du to 15 months in prison for making counterfeit $100 bills, then spending the counterfeit money at businesses in Northern Nevada, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Yvonne Geneal Flores, 38, of Sacramento, Calif., pleaded guilty on Feb. 15, 2017, to one count of making counterfeit currency. Co-defendant Thomas Michael Morla, 42, pleaded guilty to making counterfeit currency and was sentenced on Oct. 31, 2016, to serve 18 months in prison.
According to the plea agreement, from Oct. 7, 2015 to May 5, 2016, Flores and Morla manufactured counterfeit $100 bills and spent the counterfeit money at various businesses in Reno, Sparks, and Carson City. In May 2016, law enforcement arrested Flores and Morla for possession of an embezzled rental car in Carson City. At the time of Morla’s arrest, he was in possession of counterfeit money. During the execution of a search warrant of Morla and Flores’ hotel room, law enforcement found equipment and supplies used to manufacture the counterfeit currency. Law enforcement collected approximately $50,000 in counterfeit $100 bills from businesses that can be attributed to Flores and Morla based on the similarities of the fraudulent notes.
The case was investigated by the U.S. Secret Service and the Carson City Sheriff’s Office. The case was prosecuted by Assistant U.S. Attorney Brian L. Sullivan.
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Sachse Man Sentenced to 96 Months in Federal Prison on Child Pornography OffenseRead the Press Release
DALLAS — Mark Reice Anderson, 62, of Sachse, Texas, was sentenced last week by Chief U.S. District Judge Barbara M.G. Lynn to 96 months in federal prison, following his guilty plea in November 2016 to one count of transportation and shipping child pornography, announced U.S. Attorney John Parker of the Northern District of Texas.
According to documents filed in the case, on October 16, 2015, law enforcement executed a search warrant at the residence of Anderson on Maple Shade Ave., Sachse, Texas. An unusually large number of computers and other digital media were found and seized. A search of the computers and other digital media revealed multiple files depicting child pornography, including over 19,000 images of child pornography and 1,000 videos of child pornography.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, and identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/. For more information about internet safety education, please visit http://www.justice.gov/psc/ and click on the tab “resources.”
The case was investigated by the Federal Bureau of Investigation. Assistant U.S. Attorney Shane Read was in charge of the prosecution.
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Rome Man Sentenced for Possession of Ammunition by a Convicted Felon in Connection with Drive-by Shooting in SyracuseRead the Press Release
NEW YORK – Alfred Laquann “Merc” Thomas, 32, of Rome, New York, was sentenced today to serve 115 months in prison for his possession of ammunition as a convicted felon in connection with an August 2012 drive by-shooting in Syracuse, New York, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Vadim D. Thomas, FBI Albany Division of the Federal Bureau of Investigation (FBI). The defendant was also sentenced to serve three years of supervised release following his term of imprisonment.
After being acquitted on an unrelated September 2014 murder in Syracuse, Thomas admitted on Facebook that he had actually committed that murder. He repeated those admissions to federal agents. In sentencing the defendant today, United States District Judge Brenda Sannes noted Alfred Thomas’ long criminal record of offenses involving the use of violence including his admissions about that murder.
"The lengthy sentence reflects Thomas’s long record of violent crime including his admissions that he had killed someone after being acquitted in a state homicide prosecution. This successful prosecution is the result of outstanding collaboration and dogged persistence to bring him to justice by Assistant U.S. Attorney Richard Southwick, FBI, ATF, and Syracuse Police with assistance from the Onondaga County District Attorney’s Office,” said United States Attorney Richard S. Hartunian.
“People like Mr. Thomas terrorize and destroy our communities through violence,” Special Agent in Charge Vadim D. Thomas. “Today’s sentencing is the result of countless hours of hard work and dedication, and the FBI, together with our law enforcement partners, will continue to investigate individuals who jeopardize the safety of our communities through gun violence.”
December 23, 2016, Alfred Thomas pled guilty in Federal Court to being a convicted felon in possession of two 12-gauge shotgun shells. Thomas possessed the shells in his pants pocket after an August 16, 2012 drive-by shooting at 115 West Bissell Street, Syracuse. Several people, including an infant, were in the house at the time. Two expended 12-gauge shotgun shells were found in the rear seat of the car he had been driving, and the same caliber ammunition was used during the shooting. In addition, 911 callers identified Thomas and his car when they called to report the shooting. After learning about the defendant’s Facebook admissions, FBI and ATF Agents in Syracuse revisited the 2012 West Bissell Street drive-by shooting in light of federal law violations, which led to the current case in United States District Court.
This case was investigated by The Federal Bureau of Investigation (FBI), The United States Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Syracuse Police Department, and was prosecuted by Assistant U.S. Attorney Richard R. Southwick with assistance from the Onondaga County District Attorney’s Office.
Rhode Island Man Admits to Traveling to Connecticut to Engage in Sex with MinorRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that NICHOLAS MURPHY, 27, of Exeter, R.I., pleaded guilty today in Hartford federal court to one count of traveling to engage in illegal sexual activity with a minor.
Accord to court documents and statements made in court, MURPHY communicated with a minor victim through online platforms including Facebook. The victim told MURPHY that she was 16 years old when, in fact, she was younger than 16, but older than 13. In May and June 2015, MURPHY travelled from Rhode Island to Connecticut to meet the victim. On at least one occasion during this time, MURPHY engaged in illicit sexual conduct with the minor victim in his truck.
On the evening of September 16, 2015, after communicating on Facebook, MURPHY drove from Rhode Island to Connecticut to meet the victim. MURPHY knew that the victim was sneaking out of her home without her parents’ knowledge to meet him. MURPHY picked up the victim in his truck and then drove to a secluded area where he and the victim engaged in illicit sexual conduct.
MURPHY is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on September 13, 2017, at which time he faces a maximum term of imprisonment of 30 years.
MURPHY was arrested on related state charges on May 9, 2016. He is released on a $150,000 bond.
This matter has been investigated by the Federal Bureau of Investigation, Plainfield Police Department, Rhode Island State Police and the U.S. Air Force’s Office of Special Investigations. The case is being prosecuted by Assistant U.S. Attorney Nancy V. Gifford.
Physical Therapist Sentenced for Obstruction and Tax Fraud OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that DANIELLE FAUX, 49, of Weston, was sentenced today by U.S. District Judge Stefan R. Underhill in Bridgeport to two years of probation, the first six months of which FAUX must spend in home confinement, for obstruction and tax fraud offenses. Judge Underhill also ordered FAUX to perform 100 hours of community service and pay a $3,000 fine.
According to court documents and statements made in court, FAUX owned and operated Danielle Faux PT, LLC, a physical therapy clinic located at 27 Lois Street in Norwalk. In August 2009, a contractor for the Medicare program conducting an audit of FAUX’s physical therapy practice contacted FAUX and requested records of 40 claims for physical therapy that FAUX had submitted to Medicare. The requested records included appropriate documentation to support the services billed, including the physical therapy progress notes, physical therapy flow sheet/activity sheets, and any additional documentation verifying medical necessity for the physical therapy procedures. Because no patient progress notes or similar records existed that would support many of the Medicare claims, FAUX instructed a physical therapist working for her to create detailed notes in the patient files that were requested in the audit, and FAUX similarly created such records.
In addition, from 2008 through 2011, FAUX skimmed checks and cash proceeds from her physical therapy practice and did not declare the skimmed proceeds on her federal income tax returns. Through this conduct, FAUX avoided paying $77,640 in taxes over the four-year period.
Judge Underhill ordered FAUX to pay full restitution to the Internal Revenue Service.
On September 22, 2016, FAUX pleaded guilty to one count of obstruction of a federal audit, and one count of making false statement on a federal income tax return.
In a related civil matter, FAUX agreed to pay $50,000 to settle allegations that she and her practice submitted false records to the Medicare program in violation of the False Claims Act.
This investigation was conducted by the Federal Bureau of Investigation, U.S. Department of Health and Human Services – Office of the Inspector General, and Internal Revenue Service – Criminal Investigation Division. The case was prosecuted by Assistant U.S. Attorneys David J. Sheldon and Richard M. Molot.
Pennsylvania Man Sentenced on Carjacking 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 Michael Gonzalez-Colon, 21, of Erie, Pennsylvania, who was convicted of carjacking and brandishing a firearm in furtherance of a crime of violence, was sentenced to 144 months in prison by U.S. District Judge Lawrence J. Vilardo.
Assistant U.S. Attorney Michael P. Felicetta, who handled the case, stated on July 20, 2015, the defendant traveled with co-defendants Dimas Colon-Cruz and Denis Cruz, from Erie, Pennsylvania to Dunkirk, NY, on stolen all-terrain vehicles. Shortly after arriving in Dunkirk, the ATV's were seized by the Dunkirk Police Department leaving the defendants without transportation.
Subsequently, the defendant and his codefendants assaulted an individual (Victim 1) in the vicinity of Robin and Second Streets in Dunkirk. The trio brandished firearms during the assault, struck Victim 1 in the face and stole several items from Victim 1. Almost immediately after Victim 1 was assaulted, a second victim (Victim 2) was assaulted by the defendant and his codefendants in the vicinity of 209 Robin Street. After exiting a car, Victim 2 was approached by the defendant and his codefendants and ordered to kneel on the ground at which time the victim was struck in the head with a handgun. Following the assault, the defendant and his codefendants stole Victim 2’s car, a 2004 Pontiac Grand Am. Also on July 20, 2015, Lakeside Lawncare in Fredonia, NY, was burglarized and several items were stolen including a gray 2002 GMC Sierra pickup truck. On July 22, 2015, both the 2004 Pontiac Grand Am and the 2002 GMC Sierra pickup truck were recovered in Erie, Pennsylvania.
Charges are pending against Dimas Colon-Cruz and Denis Cruz. 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.
Today’s sentencing is the result of an investigation by the Dunkirk Police Department, under the direction of Chief David Ortolano, the Erie, Pennsylvania Police Department, under the direction of Chief Randy Bowers, the New York State Police, under the direction of Major Steven Nigrelli, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen.
Owner of Nationwide Tax Return Preparation Franchisor Convicted of Conspiracy, Evading Employment Taxes and Other Tax-Related CrimesRead the Press Release
An Ohio resident was convicted Friday by a federal jury sitting in Cincinnati, Ohio of conspiracy to commit wire fraud, wire fraud, bank fraud, evasion of employment taxes and failure to pay over employment taxes, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the evidence presented at trial, Fesum Ogbazion, 44, was the owner and CEO of ITS Financial LLC, which was the national franchisor of Instant Tax Service (ITS), a tax preparation business. Ogbazion founded ITS in 2004 and at one time it had more than 1,100 franchise locations throughout the United States.
From approximately January 2009 through 2012, Ogbazion conspired with others at ITS to generate loan and tax return preparation fees for ITS and its franchises by luring taxpayers into ITS franchises through a fraudulent nationwide advertising campaign. The ITS ads offered tax refund anticipation loans through an independent third party lender, despite the fact that ITS did not have such a lender to fund the promised loans. The evidence introduced at trial established that Ogbazion used the false advertising campaigns to entice customers into coming to ITS locations for a loan and then used their loan applications to prepare and file income tax returns – often without customers’ authorization. ITS charged its customers between $500 to $800 in tax preparation fees. Between 2006 and 2011, ITS collected more than $70 million in fees.
Ogbazion also failed to pay approximately $1.3 million in payroll taxes due from ITS and another business during four tax quarters in 2009 and 2010. Ogbazion evaded the Internal Revenue Service’s (IRS) attempts to collect the unpaid taxes by directing business revenue to nominee accounts, placing assets in the names of nominee entities and making false statements to an IRS revenue officer during the course of collection activity.
In 2013, ITS and Ogbazion were permanently barred from operating or being involved with any work or business relating to the preparation of tax returns.
Sentencing will be set at a later date. Ogbazion faces a statutory maximum sentence of 20 years in prison on the conspiracy count, 20 years in prison for the wire fraud counts, 30 years in prison for bank fraud, five years in prison for tax evasion and five years in prison for failure to pay over employment taxes. He also faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Senior Litigation Counsel Corey Smith, Trial Attorney Mark McDonald and Paralegal Specialist Tiffany Thompson of the Tax Division, and Paralegal Specialist Laura Strubbe of the U.S. Attorney’s Office for the Southern District of Ohio, who prosecuted the case. Acting Deputy Assistant Attorney General Goldberg also thanked the U.S. Attorney’s Office for the Southern District of Ohio for their assistance.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Olathe Man Pleads Guilty in $8 Million Investment ScamRead the Press Release
KANSAS CITY, KAN. - An Olathe man pleaded guilty Monday to stealing more than $8 million from a Turkish investor, U.S. Attorney Tom Beall said.
Nagy Shehata, 57, Olathe, Kan., pleaded guilty to one count of conspiracy to commit wire fraud. In his plea, he admitted the crime occurred while he was president of Premier Investment Group, a corporation registered in Missouri. During that time, Shehata formed a joint partnership with co-defendant Laura Lee Sorsby, a Texas resident who conducted business through a company called Can Am International.
The victim was a Turkish resident who was the founder of a hospital in Istanbul, Turkey. The defendants offered the victim the opportunity to invest in a project that started out as a plan to build a hospital in Syria and evolved into a plan to build a shopping mall in Iraq. Based on the defendants’ false statements, the victim transferred money to Shehata’s bank in New York. Shehata wired the money from New York to his bank accounts in Kansas.
The defendants did not use the money for the hospital or shopping mall projects. Instead, Shehata bought an $111,000 car and an $855,000 house.
Sentencing will be set for a later time. Shehata faces up to 20 years in federal prison and restitution of more than $8.2 million. Beall commended The FBI and Assistant U.S. Attorney Chris Oakley for their work on the case.
North Texas Contractor and Executive Agree to Pay United States $2.475 Million to Resolve False Claims Act and Anti-kickback Act AllegationsRead the Press Release
North Texas Contractor and Executive Agree to Pay United States $2.475 Million to Resolve False Claims Act and Anti-kickback Act Allegations
Mansfield, Texas-based Integrated Medical Solutions Inc. (IMS), along with the company’s former President Jerry Heftler, have agreed to pay the United States $2.475 million to settle allegations that they violated the False Claims Act and Anti-Kickback Act in connection with federal contracts IMS obtained from the U.S. Bureau of Prisons (BOP), the Justice Department announced today.
“This settlement demonstrates that the Department of Justice is committed to protecting the integrity of the federal contracting process from unscrupulous contractors,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “When government contractors maintain improper financial arrangements with government officials, it has a corrupting influence on contracts funded by taxpayer dollars.”
“Our office will continue to aggressively investigate federal contracting abuse and will use all available tools to hold accountable those who try to gain an advantage in contracting through improper means,” said U.S. Attorney John R. Parker for the Northern District of Texas.
“Our office is committed to uncovering corruption in the contracting process, particularly when it involves an abuse of trust by the Department of Justice’s own employees,” said Special Agent in Charge Monte A. Cason of the Department of Justice Office of the Inspector General. “It is imperative that we protect taxpayer funds by ferreting out such abuse.”
The settlement announced today resolves allegations that IMS engaged Cary Hudson, who was then employed by BOP as a business administrator, to serve as a paid consultant to assist IMS in obtaining contracts with BOP to serve as a third-party administrator responsible for developing managed healthcare networks that provide medical care to federal inmates. Specifically, the Government alleged that IMS paid Hudson in order to obtain favorable treatment during the contracting process, which included Hudson’s provision of certain confidential, non-public information that gave IMS an unfair competitive advantage in the bidding process. After IMS obtained the contracts with BOP, the Government alleged that Hudson thereafter improperly assisted IMS in its performance of the contracts while simultaneously serving as a BOP financial administrator.In October 2014, Hudson pleaded guilty to a felony violation of submitting a false document to an agency of the United States in which he failed to disclose payments he received from IMS as part of his annual obligation as a federal government employee to report any potential conflicts of interests.
This matter was handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the Northern District of Texas, with assistance from the Department of Justice Office of the Inspector General.
Except to the extent of the admissions in Hudson’s guilty plea, the claims resolved by the civil settlement are allegations only, and there has been no determination of liability.
North Texas Contractor and Executive Agree to Pay United States $2.475 Million to Resolve False Claims Act and Anti-Kickback Act AllegationsRead the Press Release
WASHINGTON – Mansfield, Texas-based Integrated Medical Solutions Inc. (IMS), along with the company’s former President Jerry Heftler, have agreed to pay the United States $2.475 million to settle allegations that they violated the False Claims Act and Anti-Kickback Act in connection with federal contracts IMS obtained from the U.S. Bureau of Prisons (BOP), the Justice Department announced today.
“This settlement demonstrates that the Department of Justice is committed to protecting the integrity of the federal contracting process from unscrupulous contractors,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “When government contractors maintain improper financial arrangements with government officials, it has a corrupting influence on contracts funded by taxpayer dollars.”
“Our office will continue to aggressively investigate federal contracting abuse and will use all available tools to hold accountable those who try to gain an advantage in contracting through improper means,” said U.S. Attorney John R. Parker for the Northern District of Texas.
“Our office is committed to uncovering corruption in the contracting process, particularly when it involves an abuse of trust by the Department of Justice’s own employees,” said Special Agent in Charge Monte A. Cason of the Department of Justice Office of the Inspector General. “It is imperative that we protect taxpayer funds by ferreting out such abuse.”
The settlement announced today resolves allegations that IMS engaged Cary Hudson, who was then employed by BOP as a business administrator, to serve as a paid consultant to assist IMS in obtaining contracts with BOP to serve as a third-party administrator responsible for developing managed healthcare networks that provide medical care to federal inmates. Specifically, the Government alleged that IMS paid Hudson in order to obtain favorable treatment during the contracting process, which included Hudson’s provision of certain confidential, non-public information that gave IMS an unfair competitive advantage in the bidding process. After IMS obtained the contracts with BOP, the Government alleged that Hudson thereafter improperly assisted IMS in its performance of the contracts while simultaneously serving as a BOP financial administrator.
In October 2014, Hudson pleaded guilty to a felony violation of submitting a false document to an agency of the United States in which he failed to disclose payments he received from IMS as part of his annual obligation as a federal government employee to report any potential conflicts of interests.
This matter was handled by the Civil Division’s Commercial Litigation Branch and the U.S. Attorney’s Office for the Northern District of Texas, with assistance from the Department of Justice Office of the Inspector General.
Except to the extent of the admissions in Hudson’s guilty plea, the claims resolved by the civil settlement are allegations only, and there has been no determination of liability.
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Nigerian Citizen Sentenced for International Money LaunderingRead the Press Release
ALBANY, NEW YORK – Uyiosa Eribo, age 42, and a citizen of Nigeria, was sentenced today to 10 months in jail for using a foreign bank account to accept money from fraud victims in the United States.
The announcement was made by United States Attorney Richard S. Hartunian and James D. Robnett, Special Agent in Charge of the New York Field Office of IRS-Criminal Investigation.
United States District Judge Mae A. D’Agostino also ordered Eribo to pay $11,000 in restitution to his victims, and to pay a $3,000 fine.
Eribo pled guilty to international money laundering charges on February 1, 2017. He admitted that in 2014, he opened and maintained a bank account in the United Kingdom. He used this account to receive wire transfers from people in the United States knowing that the money he received was proceeds of Internet-based frauds targeting United States residents. Eribo’s conspirators, who were based in Nigeria and elsewhere, had the actual contact with the victims and directed that the victims send money to Eribo.
Among other things, Eribo received proceeds from a stolen identity federal income tax refund fraud, in which a New York married couple’s names, social security numbers and financial information were used without their authorization to file a fraudulent federal tax return and obtain a $482,000 tax refund from the United States Treasury Department. Eribo’s account received part of this tax refund.
This case was investigated by the New York Field Office of IRS-Criminal Investigation and was prosecuted by Assistant U.S. Attorney Michael Barnett.
Nashville Man Responsible for J.C. Napier Violence Pleads Guilty to Multiple Charges and Faces 35-Year Prison SentenceRead the Press Release
Calvin Starks, 23, of Nashville, Tenn., pleaded guilty yesterday in U.S. District Court, to a series of federal crimes including using a firearm to commit a crime of violence resulting in death; conspiracy to commit Hobbs Act robbery and extortion; and conspiracy to tamper with a witness, announced Acting U.S. Attorney Jack Smith of the Middle District of Tennessee.
According to charging documents and the plea agreement, Starks and his cousin, Darryl Starks, were responsible for shooting Joshua Woods on October 16, 2014, in the J.C. Napier neighborhood. They fired a total of 16 rounds during the assault and Woods was treated at a local hospital and survived the gunshots. After Woods had identified the Starks’ as the shooters, he was later threatened and bribed by Darryl Stark’s mother, Ivy Starks, in an attempt to prevent him from testifying truthfully in subsequent court proceedings.
On November 26, 2014, Starks and Terrance Kimbrough planned and carried out a robbery of Brendon Leggs, aka “Beazy.” They approached him at a market on Lewis St., near the J.C. Napier neighborhood and attempted to rob Leggs of drugs and money. As Leggs attempted to drive away, they opened fire on him and Leggs died from gunshot wounds shortly thereafter. The 9mm bullet casings recovered from this shooting matched casings from an incident on November 23, 2014, where a car occupied by 3 people was shot at. Starks was also involved in that shooting.
In the days following the Leggs shooting, Starks and Kimbrough searched for an individual named Monte Watson, whom they believed saw them kill Leggs and feared he would report that to law enforcement. On December 1, 2014, Starks was arrested for cocaine possession and during a subsequent recorded jail phone call, Starks made statements about Watson being a “snitch” and discussed their attempt to find him and silence him. On December 3, 2014, Monte Watson was shot and killed near Lewis and Robertson St., in close proximity to the J.C. Napier housing development. Terrance Kimbrough is currently charged with the murder of Monte Watson as well as attempted robbery and killing of Brandon Leggs.
Ivy Starks and Darryl Starks have previously pleaded guilty to charges related to this case and are awaiting sentencing. Terrance Kimbrough is awaiting trial. He is presumed innocent unless and until proven guilty in a court of law.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Metropolitan Nashville Police Department. Assistant U.S. Attorney Sunny A.M. Koshy is prosecuting the case.
Mississippi Corrections Officers Sentenced for Inmate Assault and Cover-UpRead the Press Release
Mississippi correctional officers Romander Nelson and Deonte Pate were sentenced today for their roles in the beating of an inmate and subsequent cover-up at the state’s Parchman Prison, the Justice Department announced today.
Deonte Pate, 24, was sentenced to 5 years of probation with 12 weeks of weekend confinement for conspiring to cover up the beating of an inmate identified by his initials, K.H. Pate acknowledged that he submitted false reports and lied to the FBI in order to prevent knowledge of the beating from reaching outside authorities. Romander Nelson, 44, was sentenced to 5 years of probation, 14 weeks of weekend confinement, and a $500 fine for failing to protect the victim during the beating.
The victim, was temporarily blinded by the attack and suffered severe blood loss, a broken orbital bone, and permanent partial vision loss.
Pate and Nelson were charged in 2016 along with two other officers: Lawardrick Marsher, 28, and Robert Sturdivant, 47. All four were officers at Mississippi State Penitentiary, in Parchman, Mississippi.
Marsher has pleaded guilty to carrying out the assault; Sturdivant, a supervisor, has pleaded guilty to conspiring to cover the assault up. Marsher and Sturdivant are scheduled to be sentenced on June 15 for their roles in the crime.
“Every corrections officer owes a duty of honesty and integrity to the individuals under his or her protection,” said Acting Assistant Attorney General Tom Wheeler. “The Department of Justice is committed to ensuring the rights of all citizens, including those in our nation’s jails and prisons.”
"The FBI's mission is to protect the American people and uphold the constitution of the United States," said Christopher Freeze, Special Agent in Charge of the FBI in Mississippi. "This protection extends to those serving time for various offenses in jails and prisons throughout the United States. The constitution provides no protection to those hiding behind a correctional officer uniform and abusing the authority given to them. The FBI will continue to aggressively investigate any allegations of civil rights violations."
This case was investigated by the FBI’s Jackson Division, with the cooperation of the Mississippi Department of Corrections. It was prosecuted by Assistant U.S. Attorney Robert Coleman of the Northern District of Mississippi and Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section.
Methamphetamine Trafficker Sentenced to 120 Months ConfinementRead the Press Release
Acting United States Attorney Steve Butler of the Southern District of Alabama announces that United States District Court Chief Judge Kristi K. DuBose sentenced Jay Kimberly Ponder on June 2, 2017 to serve a term of imprisonment of 120 months followed by 5 years of supervised release for the conspiracy to distribute methamphetamine in violation of 21 USC § 846(a)(1). Both federal and local authorities began their initial investigation of the case in 2015 and discovered that the defendant was distributing methamphetamine throughout the Mobile, Alabama region. The defendant, who had an extensive criminal history, entered a guilty plea before the Court on December 1, 2016.
This case was investigated by the Federal Bureau of Investigation (FBI), the Drug Enforcement Administration (DEA), the Mobile County Sheriff’s Office, the Mobile Police Department, and the United States Marshals Service. The case was prosecuted by Assistant United States Attorney Lawrence J. Bullard for the United States Attorney’s Office for the Southern District of Alabama.
Marion County man convicted of mail fraudRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Fairmont, West Virginia man pled guilty today to mail fraud, Acting United States Attorney Betsy Steinfeld Jividen announced.
Michael Sine, age 34, pled guilty to one count of “Mail Fraud.” Sine admitted to participating in a staged vehicle accident, faking injuries from said accident, and filing false insurance claims resulting in a $41,000 settlement. The crime happened between May 2013 and October 2013 in Marion County.
Sine faces up to twenty years incarceration and a $250,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendants.
Assistant U.S. Attorney Andrew R. Cogar prosecuted the case on behalf of the government. The West Virginia Insurance Commission Office of Inspector General and the United States Postal Inspection Service investigated.
U.S. District Judge Irene M. Keeley presided.
Manhattan Doctor Arrested for Illegal Distribution of OxycodoneRead the Press Release
A criminal complaint was unsealed today in federal court in Brooklyn charging medical doctor Martin Tesher with writing thousands of illegal prescriptions for Schedule II controlled substances, particularly opioids such as oxycodone, without a legitimate medical purpose. Tesher was arrested earlier today in Manhattan, and his initial appearance is scheduled for this afternoon before United States Magistrate Judge Lois Bloom.
The charges were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and James J. Hunt, Special Agent-in-Charge, Drug Enforcement Administration (DEA), New York Division.
As alleged in the complaint, the defendant operates a family medical practice in Manhattan. Between June 2012 and January 2017, Tesher wrote more than 14,000 prescriptions for oxycodone, totaling over 2.2 million oxycodone pills, a disproportionately high amount for a family practitioner. Opioids, which include heroin, are highly addictive narcotics. Tesher does not have any specialized training in pain management. In some cases, Tesher indicated that he knew that certain of his patients were addicted to oxycodone, or that they were using other illicit substances such as heroin or cocaine, but continued prescribing oxycodone and other opioids to those patients anyway. In one case, on a patient’s first visit, Tesher prescribed the patient 15 oxycodone pills a day without even basic verification that the patient had any injury.
“As alleged, Dr. Tesher used his position as a doctor not to heal but to foster opioid addiction,” stated Acting United States Attorney Rohde. “This Office and our partners at the DEA will continue to hold medical professionals accountable to the fullest extent of the law whenever they abrogate their duties and contribute to the opioid crisis.”
“Dr. Tesher acted no differently than a multi-million dollar heroin ring, distributing more than $20 million worth of opioids,” stated DEA Special Agent-in-Charge Hunt. “In fact, by using his position as a family practitioner, he enabled patients seeking help for substance abuse and turned new patients into opioid addicts by writing unnecessary prescriptions in exchange for cash. Law enforcement has no tolerance for rogue doctors, their medical staff or opioid traffickers, and we are committed to dismantling drug trafficking organizations, be it operating out of a family practitioner’s office or a heroin mill.”
The charges in the complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s investigation was led by the DEA’s Long Island Tactical Diversion Squad, which is comprised of agents and officers of the DEA, Internal Revenue Service, Nassau County Police Department (NCPD), Suffolk County Police Department, Port Washington Police Department, and Rockville Centre Police Department. The DEA Tactical Diversion Squad also worked in conjunction with officers and agents of the New York City Police Department (NYPD), Criminal Enterprise Investigations, the Department of Health & Human Services, Office of the Inspector General, New York City Department of Investigation, and NCPD’s Asset Forfeiture and Intelligence Bureau.
This case is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York as part of the Prescription Drug Initiative. In January 2012, this Office and the DEA, in conjunction with the five District Attorneys in this district, the Nassau and Suffolk County Police Departments, the New York City Police Department, and New York State Police, along with other key federal, state, and local government partners, launched the Initiative to mount a comprehensive response to what the United States Department of Health and Human Services Centers for Disease Control and Prevention called an epidemic increase in the abuse of so-called opioid analgesics. To date, the Initiative has brought over 160 federal and local criminal prosecutions, including the prosecution of 19 health care professionals, taken civil enforcement actions against a hospital, a pharmacy, and pharmacy chain, removed prescription authority from numerous rogue doctors, and expanded information-sharing among enforcement agencies to better target and pursue drug traffickers. The Initiative also is involved in an extensive community outreach program to address the abuse of pharmaceuticals.
The government’s case is being handled by the Office’s Narcotics and Money Laundering Section. Assistant United States Attorney Jennifer M. Sasso is in charge of the prosecution.
The Defendant:
MARTIN TESHER
Age: 81
Manhattan, New YorkE.D.N.Y. Docket No. 17-MJ-504
Man Sentenced to 2 Years in Prison for Marijuana Cultivation at Native American Archaeological Site in Sequoia National ForestRead the Press Release
FRESNO, Calif. — Carlos Piedra-Murillo (Piedra), 30, a citizen of Mexico, was sentenced today to two years and one month in prison for conspiring to manufacture, distribute and possess with intent to distribute marijuana in connection with a large-scale cultivation operation that impacted a prehistoric site, U.S. Attorney Phillip A. Talbert announced. Piedra was also ordered to pay $5,233 to the U.S. Forest Service to cover the cost to repair damage to the land and natural resources.
According to court documents, between May 1, 2016, and August 26, 2016, Piedra conspired with Juan Carlos Lopez, 32, of Lake Elsinore; Rafael Torres-Armenta (Torres), 30, and Javier Garcia-Castaneda (Garcia), 38, both citizens of Mexico, to cultivate marijuana in the Domeland Wilderness in the Sequoia National Forest. The Domeland Wilderness is a federally designated wilderness area about 55 miles northeast of Bakersfield and is known for its many granite domes and unique geologic formations. Law enforcement officers located over 8,000 marijuana plants at that location and seized 15 pounds of processed marijuana, a .22‑caliber rifle, a pellet rifle, and numerous rounds of .22‑caliber ammunition.
The marijuana cultivation operation caused extensive environmental damage. It covered about 10 acres and was within the burned area of the 2000 Manter Fire. Some of the new vegetation and trees that sprouted after the fire had been cut and trimmed to make room for the marijuana plants. Water was diverted from a tributary stream of Trout Creek, a major tributary to the Kern River. Fertilizer and pesticides, including illegal carbofuran and zinc phosphide, highly toxic pesticides from Mexico, were found at the site. Large piles of trash were found near the campsite. The moving of soil to accommodate a basin around each marijuana plant caused extensive damage to a large prehistoric Tűbatulabal archaeological site. Holes were dug in the middle of the archaeological site and artifacts were found scattered on the surface among the marijuana plants.
This case is the product of an investigation by the U.S. Forest Service, Bureau of Land Management, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the California Department of Fish and Wildlife. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Torres, Lopez, and Garcia have also pleaded guilty and are scheduled for sentencing on June 26, 2017. They face a maximum statutory penalty of 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.