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2 June 2017
Brazilian National Charged with Illegal Reentry After DeportationRead the Press Release
BOSTON - A Brazilian national was charged yesterday in federal court in Boston with illegally reentering the United States after being deported.
Henrique Ortmayer, 23, a Brazilian national residing in Boston, was encountered by police in April 2017 and arrested on open state warrants. Ortmayer’s fingerprints revealed he was in the United States illegally and had been previously deported in November 2015.
The charge of illegal reentry after deportation provides for a sentence of no greater than 20 years in prison, three years of supervised release and a fine of $250,000. Ortmayer will be subject to deportation upon completion of his sentence. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement. The Danvers Police Department assisted with the investigation. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Berkeley County man indicted on heroin distribution chargeRead the Press Release
MARTINSBURG, WEST VIRGINIA – A Berkeley County man was arraigned today after being named in an indictment returned by a federal grand jury in Martinsburg, West Virginia on May 16, 2017, Acting United States Attorney Betsy Steinfeld Jividen announced.
Bradley Markley, age 31, of Hedgesville, West Virginia was indicted on one count of “Distribution of Heroin.” The crime is alleged to have occurred in October 2016 in Berkeley County.
Assistant U.S. Attorney Anna Z. Krasinski is prosecuting the case on behalf of the government. The Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, is investigating.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Belle Fourche Woman Charged with Bank RobberyRead the Press Release
United States Attorney Randolph J. Seiler announced that a Belle Fourche, South Dakota, woman was charged in federal district court with Bank Robbery.
Kaycee Teppo, age 22, was charged on May 23, 2017. Teppo appeared before U.S. Magistrate Judge Daneta Wollmann on June 2, 2017, and pleaded not guilty to the charge.
The maximum penalty upon conviction is 20 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Teppo robbing a bank in Spearfish on May 18, 2017. The charge is merely an accusation and Teppo is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation and the Spearfish Police Department. Assistant U.S. Attorney Sarah Collins is prosecuting the case.
Teppo was detained until further review. A trial date has not been set.
1 June 2017
Two West Virginia residents sentenced for methamphetamine distributionRead the Press Release
ELKINS, WEST VIRGINIA – Two individuals were sentenced today for their participation in a methamphetamine distribution operation that spanned two states and three North West Virginia counties, Acting United States Attorney Betsy Steinfeld Jividen announced.
The indictment alleged that 20 individuals from Virginia and West Virginia conspired with one another to operate a methamphetamine distribution ring in the region. Two were sentenced today in federal court.
Geniece Pancake, 36, of Belington, West Virginia was sentenced today to 120 months incarceration for assisting in the methamphetamine distribution operation. Pancake pled guilty to one count of “Aiding and Abetting Possession with Intent to Distribute Methamphetamine” in January 2017.
David Maxwell, 32, of Elkins, West Virginia was sentenced today to 34 months for methamphetamine distribution. Maxwell pled guilty to one count of “Distribution of Methamphetamine” in January 2017. Maxwell sold crystal meth in Randolph County in April 2015.
Assistant U.S. Attorney Stephen D. Warner prosecuted the case on behalf of the government. The Mountain Region Drug and Violent Crime Task Force investigated.
U.S. District Judge John Preston Bailey presided.
Three Individuals Sentenced on Methamphetamine Distribution, Conspiracy, and Assault ChargesRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CODY LEE McCLENDON III, a/k/a Cody-Mac, age 36, of Tahlequah, Oklahoma was sentenced to 386 months imprisonment, followed by 5 years of supervised release for Conspiracy To Possess With Intent To Distribute And Distribute Five Hundred (500) Grams Or More Of Methamphetamine, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A) and 96 months imprisonment, followed by 3 years supervised release for Assaulting an Officer of the United States in violation of Title 18, United States Code, Section 111(a)(1). Both sentences were ordered to run concurrently and a money judgement totaling $240,000.00 was also assessed.
MICHAEL DAVID LINCOLN, a/k/a Linc, age 40, of Tulsa, Oklahoma was sentenced to 330 months imprisonment, followed by 5 years of supervised release for Conspiracy To Possess With Intent To Distribute And Distribute Five Hundred (500) Grams Or More Of Methamphetamine, in violation of Title 21, United States Code, Sections 846, 841(a)(1) and 841(b)(1)(A). A money judgement totaling $240,000.00 was also assessed.
TIMOTHY BLAYN CROCKER, age 25, of Wilburton, Oklahoma, was sentenced to 37 months imprisonment, followed by 3 years supervised release for Conspiracy in violation of Title 18, United States Code, Section 371. A money judgement totaling $1,000.00 was also assessed.
Defendants, McClendon and Lincoln, were leaders within the McClendon Drug Trafficking Organization (DTO) primarily involved in the distribution of methamphetamine within the Eastern District of Oklahoma and elsewhere. McClendon, while serving a 20 year sentence for Robbery I, was incarcerated in the Oklahoma State Penitentiary (OSP), McAlester, Oklahoma, from September 26, 2008, until January 27, 2016. Lincoln, while serving a 30 year sentence for Manslaughter I, was incarcerated in the OSP, McAlester, Oklahoma, from October 10, 2006, until January 27, 2016. Beginning in or about the end of 2013 and continuing until on or about January 27, 2016, McClendon and Lincoln utilized cellular telephones illegally smuggled into the prison to coordinate the acquisition and distribution of at least 30 kilograms of methamphetamine within the Eastern District of Oklahoma and elsewhere. Crocker was employed as a corrections officer at OSP, during the month of December 2015, when law enforcement intercepted communications which led to identifying and arresting Crocker as a coconspirator in the McClendon DTO.
The Investigation revealed that McClendon and Lincoln, while inmates within OSP, used cellular phones they kept hidden on their person and inside their prison cells to facilitate the sale and distribution of methamphetamine. Both Defendants used these cellular phones to communicate with co-conspirators via audio phone calls, text messages, and by communicating on the social media website Facebook. Law enforcement obtained a court order to intercept these communications. During the court-ordered 30-day interception period, law enforcement seized approximately 3 kilograms of methamphetamine and identified multiple coconspirators as a direct result of monitoring the cell phone conversations between McClendon, Lincoln, and other coconspirators. An additional 3 kilograms of methamphetamine was seized independent of the intercepted communications.
McClendon and Lincoln are also members of the Indian Brotherhood (IBH), a Criminal Gang whose members are primarily of Native American descent and which operates within and outside the Oklahoma Department of Corrections. The IBH has a defined structure as set out in a written set of by-laws which provides expectations and commands which must be followed for every IBH member. The IBH consists of numerous individual Tribes who are each controlled by a War Chief. The War Chief, with certain limitations, makes command decisions concerning actions to be taken by his Tribe. The IBH utilizes this structure to coordinate the distribution of controlled substances, collections of monies owed for controlled substances, and the protection by force, if necessary, of other IBH members and their drug trafficking interests within and outside the Oklahoma Department of Corrections.
McClendon and Lincoln are IBH War Chiefs and utilized their membership and associations within the IBH to contact other IBH members and associates to assist in the distribution of methamphetamine and other associated drug trafficking activities. While incarcerated, McClendon and Lincoln were able to enlist the aid of Crocker, a corrections officer, to obtain and provide them with contraband items. Crocker was arrested after law enforcement witnessed McClendon DTO coconspirators provide Crocker with approximately ½ kilogram of marijuana for eventual distribution inside OSP. A search of Crocker’s residence led to the seizure of an additional ¾ kilograms of marijuana and approximately 10 ounces of methamphetamine packaged for eventual distribution inside OSP.
McClendon and Lincoln are quick to utilize violence and threats of violence to further the goals and longevity of the IBH. During the investigation of the McClendon DTO, and through information obtained during wiretap intercepts, law enforcement became aware of two instances wherein McClendon sent IBH associates and fellow coconspirators to intimidate and harm other IBH associates. On one occasion, McClendon believed that a codefendant had hidden drugs and money from him and sent associates to beat the codefendant if necessary to locate the drugs and money. On another occasion, McClendon sent other codefendants to assault another individual because McClendon suspected that the individual had robbed a fellow IBH associate.
Close in time to McClendon’s initial appearance in federal court, he attempted to send a written communication from the Muskogee County Jail. In the communication, or note, McClendon specifically identified two coconspirators he believed were cooperating with law enforcement. In McClendon’s words on the note, one of them “ratted us all out, told the Feds everything, they got us all”. The two suspected coconspirators’ in the note have an “X” over their names which signifies an intent to harm or kill them.
Both McClendon and Lincoln have engaged in violent activity while incarcerated in the Muskogee County Jail awaiting disposition in their federal case. McClendon has threatened jail staff and the United States Marshal Service on numerous occasions, destroyed jail property, and assaulted a Deputy United States Marshal. Officers have seized multiple “shanks” or home-made knives from McClendon and Lincoln while they were incarcerated in the Muskogee County Jail, and McClendon has stabbed a fellow inmate with a “shank”.
In previous hearings, 18 codefendants were sentenced for their roles in the McClendon DTO. AMBER CLAPHAN, a methamphetamine distributor and drug and money courier, received a 46 months sentence of imprisonment. DONALD TRAMMEL, a methamphetamine distributor who also maintained large amounts of currency and methamphetamine for the organization, received a 168 months sentence of imprisonment. SAMANTHA SMITH, a methamphetamine distributor and drug and money courier, received a 63 month sentence of imprisonment. TERESA CHAGOLLA, a methamphetamine distributor who also maintained a residence where methamphetamine and currency were kept, received a 70 month sentence of imprisonment. JACOB HORTON MASTERS JR, a methamphetamine distributor who also kept currency for the organization, received an 84 month sentence of imprisonment. NATHAN ROWDEN GREEN, a methamphetamine distributor and drug and money courier, received a 100 month sentence of imprisonment. DUSTY ALLEN DRYWATER, a methamphetamine distributor and drug courier, received a 168 month sentence of imprisonment. ASHLEY NOEL STEELE, a methamphetamine distributor and drug courier, received a 60 month sentence of imprisonment. JIMMY W. SEQUICHIE JR., an enforcer for the DTO, received a 120 month sentence of imprisonment. REGINA ANN BALLARD, a methamphetamine distributor and drug courier, received a 77 month sentence of imprisonment. MATILDA KAY BIRDTAIL, a methamphetamine distributor and drug courier, received a 41 month sentence of imprisonment. FREDERIC PETERSEN BECK JR., a methamphetamine distributor and drug courier, received a 108 month sentence of imprisonment. GARY WAYNE WILDER, a methamphetamine distributor and drug courier, received a 60 month sentence of imprisonment. BRENDA AILEEN AIRINGTON, a methamphetamine distributor who maintained a storage unit for concealing and storing methamphetamine, received a 46 month sentence of imprisonment. BRYAN STEVEN LAFAVOR, a methamphetamine distributor and drug courier, received a 30 month sentence of imprisonment. THERESA JO DAVIS maintained bank accounts for the concealment of drug proceeds and received a 5 year sentence of probation. LATISHA DAWN ARNOLD, a methamphetamine distributor and drug courier, received a 46 month sentence of imprisonment. SHEENA CHANDEL MEIKLE, a methamphetamine distributor and drug courier, received a 46 month sentence of imprisonment.
The charges arose from a joint investigation entitled “Home of the Brave” coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney. The agencies involved in the investigation were the Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester and Tulsa Offices of the Drug Enforcement Administration.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over all sentencing hearings. Defendants McClendon and Lincoln will remain in the custody of the United States Marshal Service pending transportation to their designated place of incarceration at which they will serve their nonparolable sentences.
Acting United States Attorney Douglas A. Horn stated, “the positive impact this investigation and subsequent prosecution has had on the communities within the Eastern District of Oklahoma will be felt for some time. The combined effort of multiple state, local, and federal agencies ensured that drug traffickers, no matter where they are located or how difficult it may be to target their activities, will be brought to justice and held accountable for the physical and mental anguish they inflict on the lives and families of those who find themselves involved in the downward spiral of drug use and addiction.”
Assistant United States Attorney Shannon L. Henson represented the United States.
Taunton Man Sentenced for Heroin DistributionRead the Press Release
BOSTON – A Taunton man was sentenced today in federal court in Boston for heroin distribution.
Nathan Pinho, 28, was sentenced by U.S. District Court Judge Richard G. Stearns to 57 months in prison and three years of supervised release. In October 2016, Pinho pleaded guilty to conspiracy to distribute heroin.
In August 2015, Pinho was arrested on state firearm and drug charges, and was accused of shooting six times at victims in a car in Taunton. Despite his arrest, Pinho began writing to his girlfriend, Adrianna Gerardi, from jail, instructing her to continue distributing heroin on his behalf. He directed her on how to obtain the drugs, how much to pay for them, how much to cut the product, and how much to charge. Pinho also wrote to Adilson Teixeira, his heroin supplier, thanking Teixeira for helping him and Gerardi.
Pinho’s letters were intercepted by authorities and used to conduct an undercover investigation. An undercover officer made controlled heroin purchases from Gerardi on five different occasions in December 2015 and January 2016. The operation culminated with the arrests of Pinho, Gerardi, and Teixeira on federal drug conspiracy charges in April 2016.
Gerardi pleaded guilty and was sentenced to two years of probation, to commence after her release from state custody. Teixeira pleaded guilty and was sentenced to 41 months in prison and three years of supervised release.
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 today. The Taunton and Fall River Police Departments provided valuable assistance. Assistant U.S. Attorney Ted Heinrich of Weinreb’s Narcotics and Money Laundering Unit prosecuted the case.
Tampa Man Pleads Guilty to Selling MethamphetamineRead the Press Release
Tampa, Florida – Acting United States Attorney W. Stephen Muldrow announces that Rarzell White, Jr. (30, Tampa) today pleaded guilty to distributing and possessing with the intent to distribute 50 grams or more of methamphetamine. He faces a minimum mandatory penalty of 5 years, up to 40 years, in federal prison. A sentencing date has not yet been set.
According to the plea agreement, throughout 2016, White engaged in a series of transactions with undercover detectives during which he sold them a variety of firearms, ammunition, and illegal narcotics. These transactions culminated on October 3, 2016, with the sale of approximately 55 grams of methamphetamine and a .40 caliber pistol to undercover officers.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Hillsborough County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Taylor G. Stout.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. Acting United States Attorney W. Stephen Muldrow, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Snoqualmie Washington Man Sentenced to Three Years in Prison for Defrauding Government Programs of More than $646,000Read the Press Release
A former Captain of the Idaho and Washington National Guard was sentenced today in U.S. District Court in Tacoma to three years in prison, three years of supervised release, and $646,300 in restitution for his lengthy scheme to defraud multiple government programs, announced U.S. Attorney Annette L. Hayes. DARRYL LEE WRIGHT, 48, who served as Chairman of the City of Snoqualmie Planning Commission, pleaded guilty to two counts of wire fraud in February 2016, admitting he defrauded the Veterans Administration, Social Security Disability, Washington State Employment Security, the Department of Commerce and others with his claims of being injured while serving in Iraq with the Army National Guard. In fact, WRIGHT lied about being injured in a rocket attack and submitted pictures of destruction which had no connection to his service in Iraq. At today’s sentencing hearing U.S. District Judge Benjamin H. Settle said Wright dragged “many people into a web of deceit . . . this was a complex and nefarious scam implemented over a long period of time . . . it was a continuous fraud. . . a very lucrative scheme.”
“This defendant brazenly lied about his combat history to get more than $600,000 in benefits he did not deserve,” said U. S. Attorney Annette L. Hayes. “His willingness to steal from a system meant to take care of those who have bravely served our country, or are otherwise in need, is an outrage. There is no question that the defendant earned the significant sentence he will now serve for his crimes.”
As early as 2006, WRIGHT began his scheme to defraud by submitting phony statements to the Army and to the Veterans Administration to create the false narrative that he had been injured in a rocket attack. As the scheme progressed over the years, WRIGHT made false and conflicting claims to various agencies in an effort to fraudulently obtain benefits. Government investigators estimate that WRIGHT’s frauds cost government programs some $737,539. The Army has stripped WRIGHT of his Purple Heart Medal and Combat Action Badge.
In an evidentiary hearing lasting six days, the government presented evidence that WRIGHT defrauded Veteran’s Benefit Administration of $261,719 in claiming he was disabled by a rocket attack that did not occur as he described. WRIGHT then defrauded a Veteran’s Caregiver program of $83,967 claiming he was so disabled he needed a full time caregiver even as he was traveling, playing basketball, caring for his child and serving on the Snoqualmie Planning Commission. He defrauded Social Security Disability of $181,438 claiming he was too injured to work even though at the time he was employed full time by the U.S. Department of Commerce. Later in the scheme, WRIGHT defrauded the Office of Personnel Management of some $48,226 by claiming disability from his job at the Department of Commerce. WRIGHT defrauded Washington State Employment Security by collecting $29,860 in unemployment benefits claiming he was able and willing to work while simultaneously claiming to the Social Security Administration that he was fully disabled and unable to be employed. WRIGHT further used his disability status to avoid repayment of more than $41,068 in student loans to the Department of Education. Finally, WRIGHT defrauded his employer, the Department of Commerce, by submitting fake orders claiming he was on military leave.
In all, pleadings indicate that Wright victimized 16 different federal, state, local, and private entities, including agencies, programs, organizations, individuals and benevolent institutions such as Disabled American Veterans.
“This conviction demonstrates the VA Office of Inspector General’s unwavering commitment to protect the programs intended to assist veterans that have served this nation and rightfully earned their benefits,” said Special Agent in Charge James Wahleithner, VA Office of Inspector General, Criminal Investigations Division.
“The primary mission of the Office of the Inspector General for the Social Security Administration is to investigate allegations of fraud, waste, and abuse in Social Security programs. In this charge, we are incredibly grateful for our law enforcement partnerships and for the collaborative approach to crime fighting demonstrated by the Wright investigative and prosecutorial team. The results of this powerful force-multiplier are quite evident given today’s sentencing, and will undoubtedly send a message to those who would otherwise attempt to defraud Social Security,” said Steuart G. Markley, Jr., Special Agent in Charge, SSA OIG, Seattle Field Division.
“Mr. Wright not only betrayed the trust of the American people and his fellow veterans by fraudulently accepting these military honors, he bilked Washingtonians who actually deserve this help out of nearly $30,000 in unemployment insurance benefit funds,” said Dale Peinecke, Commissioner of the state’s Employment Security Department, which administers the unemployment insurance system and serves veterans through the WorkSource system. “We are proud to help veterans with disabilities find employment and we’re pleased to be part of the team that brought this case to justice.”
“The Department of Commerce Office of Inspector General is dedicated to stopping fraudulent activities like this in programs designed to support America's deserving veterans,” said Inspector General Peg Gustafson. “I want to thank the U.S. Attorney’s Office and our law enforcement partners for their leadership and dedication to serving Justice.”
“We will continue to work with our law enforcement partners to hold accountable brazen fraudsters such as Mr. Wright,” said U.S. General Services Administration Inspector General Carol Fortine Ochoa.
“PTSD is a serious medical condition and it is unconscionable that Mr. Wright would fake such an injury for financial gain,” said Scott Rezendes, Special Agent in Charge of Office of the Inspector General, U.S. Office of Personnel Management. “I would like to thank the OPM OIG agents who worked on this case and our law enforcement partners for their diligent efforts to safeguard OPM’s retirement programs from fraud and abuse. Our office remains committed to ensuring that OPM’s disability payments are made only to those Federal annuitants who have a right to them.”
The case was investigated by multiple agencies led by the Social Security Office of Inspector General (SSA-OIG). The Office of Inspector General of these agencies were involved in the investigation: Veterans Affairs (VA-OIG), Department of Commerce (DOC-OIG), Office of Personnel Management (OPM-OIG), and General Services Administration (GSA-OIG). Also contributing to the investigation was the FBI, U.S. Army Criminal Investigation Division, the Washington National Guard, the Washington Employment Security Department and the Washington State Department of Social and Health Services.
The case is being prosecuted by Assistant United States Attorneys David Reese Jennings and Gregory A. Gruber.
Smith County Man Guilty in Drug Distribution ConspiracyRead the Press Release
TYLER, Texas – A 58-year-old Tyler, Texas man has pleaded guilty to federal drug conspiracy charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Saleem Jeffer Jiwani pleaded guilty to conspiracy to distribute and possession with intent to distribute Schedule I controlled substances, conspiracy to distribute and possession with intent to distribute controlled substance analogues, and engaging in monetary transactions. Jiwani entered his guilty plea on May 31, 2017 before U.S. Magistrate Judge K. Nicole Mitchell.
On Aug. 4, 2016, a combined task force of federal, state and local law enforcement executed federal arrest and search warrants in Plano, Carrollton, Dallas and Tyler, Texas as a result of a joint investigation by the U.S. Drug Administration, Plano Police Department, Internal Revenue Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and Smith County Sheriff’s Office.
According to information presented in court, from at least April 2013, Jiwani and his co-defendants, conspired to distribute synthetic drugs at two retail establishments in the Eastern District of Texas: Minute Stop/Valero Gas Station located at 11874 Hwy 64 West in Tyler, Texas and Ashes Smokes and Tattoos located at 1428 Avenue K in Plano, Texas. Jiwani and four others were indicted by a federal grand jury on Aug. 3, 2016
Under federal statutes, Jiwani faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by DEA, Plano Police Department, IRS, ATF, and the Smith County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
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Six from Greater Cleveland indicted for firearms offensesRead the Press Release
Six people from Greater Cleveland were indicted in federal court for firearms crimes, said David A. Sierleja, Acting U.S. Attorney for the Northern District of Ohio.
Indicted are: Donte L. Harris, 35, of Cleveland; Michael T. Tarter Jr., 36, of Cleveland; Creason Graham, 22, of Cleveland; Deon McGregor, 32, of Cleveland Heights; Lamar Brownlee, 18, of Cleveland, and Christopher Howse, 26, of Elyria.
Harris was charged with being a felon in possession of a firearm and ammunition and with possessing a firearm with an obliterated serial number.
Harris on May 4 possessed a Charter Arms, Model Undercover 38 Special, .38 caliber revolver, which had an obliterated serial number, and 28 rounds of 9mm ammunition, after having been convicted in the Cuyahoga County Court of Common Pleas of attempted robbery, aggravated assault, drug trafficking and burglary, according to the indictment.
The Harris case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Cleveland Division of Police. It is being prosecuted by Assistant U.S. Attorney Elliot Morrison.
Tarter was charged with being a felon in possession of a firearm and ammunition and possession with intent to distribute cocaine.
Tarter on April 18 possessed a Taurus .45 caliber semi-automatic pistol and ammunition, after having been convicted twice of drug trafficking in the Cuyahoga County Court of Common Pleas and trafficking in heroin and trafficking in cocaine in the Lorain County Court of Common Pleas. He also possessed with the intent to distribute cocaine, according to the indictment.
The Tarter case was investigated by the ATF and the Middleburg Heights Police Department. It is being prosecuted by Assistant U.S. Attorney Elliot Morrison.
Graham was charged with being a felon in possession of a firearm and ammunition. On May 15, Graham possessed a Sturm Ruger, Prescott, 9mm pistol, and ammunition, after having been previously convicted of aggravated robbery and having a firearm under disability in the Cuyahoga County Court of Common Pleas.
The case was investigated by ATF and is being prosecuted by Assistant U.S. Attorney Ranya Elzein.
McGregor on April 29 possessed five round of 9 mm ammunition after having twice been convicted of drug trafficking and once having been convicted of aggravated assault in Cuyahoga County Common Pleas Court, according to the indictment.
The McGregor case was investigated by ATF and is being prosecuted by Assistant U.S. Attorney Megan Miller.
Brownlee was charged with theft of a firearm from a federal firearms licensee. Brownlee stole a Glock, Model 43, 9mm pistol from a federal firearms licensee located in Lyndhurst on April 19, according to the indictment.
The Brownlee case was investigated by the ATF and is being prosecuted by Assistant U.S. Attorney Ranya Elzein.
Howse on March 9 possessed a Taurus 9 mm handgun despite prior convictions in Lorain County Common Pleas Court for aggravated robbery and kidnapping, according to the indictment.
The Howse case was investigated by the Elyria Police Department and FBI and is being prosecuted by Assistant U.S. Attorney Robert F. Corts and Vasile Katsaros.
The cases are unrelated.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Senator Dianne Feinstein Honors Mariposa County Sheriff’s Deputy with the Congressional Badge of BraveryRead the Press Release
FRESNO, Calif. — Senator Dianne Feinstein today awarded the Law Enforcement Congressional Badge of Bravery to Mariposa County Sheriff’s Deputy Rudy Mirelez who exhibited exceptional courage in saving and protecting others and whose heroic actions were above and beyond the call of duty.
U.S. Attorney Phillip A. Talbert and Mariposa County Sheriff Doug Binnewies attended the presentation today in Fresno at the Doubletree Hotel.
“Deputy Rudy Mirelez is a worthy recipient of the Law Enforcement Congressional Badge of Bravery,” said U.S. Attorney Talbert. “It is an honor for the U.S. Attorney’s office to support the nomination of Deputy Mirelez. He now joins the ranks of law enforcement officers across the nation who stood in the front lines to fight against crime and violence.”
Sheriff Binnewies stated: “It is a privilege to count Deputy Rudy Mirelez as a partner in our mission to protect the people of Mariposa County. He fearlessly responded when his fellow deputy was in danger. We will never know how many lives he may have saved by his courageous actions that day. I congratulate him on this well-deserved honor. His bravery will always be remembered and will serve as an inspiration to us all.”
Every day, federal, state, and local law enforcement officers engage in exceptional acts of bravery while in the line of duty. Often, such acts place the officers involved at personal risk of injury or result in their sustaining a physical injury. To honor these acts of bravery, Congress passed the Law Enforcement Congressional Badge of Bravery Act of 2008, creating the Federal Law Enforcement Congressional Badge of Bravery and the State and Local Law Enforcement Congressional Badge of Bravery. The act establishes an award to honor exceptional acts of bravery in the line of duty by federal, state, and local law enforcement officers. The medals are awarded annually by the U.S. Attorney General and are presented by the recipients' Congressional representatives.
On Thursday morning, October 1, 2015 at 5:44 a.m. veteran Mariposa County Sheriff’s Deputy Rudy Mirelez logged on early for duty, At approximately 6:01 a.m., Deputy Mirelez and Deputy Justin Sponhaltz heard radio traffic from another deputy involved in a vehicle pursuit heading in their direction. The pursuing deputy indicated that the suspect vehicle passed him traveling at speeds of 90 miles per hour. As the suspect vehicle approached their location, Deputy Sponhaltz pulled onto State Route 49 to prepare to support the pursuing deputy. The fleeing vehicle was approaching Deputy Sponholtz’ position at an extremely high rate of speed. The suspect vehicle then appeared to lose control and or intentionally collided into Deputy Sponhaltz’ patrol vehicle. This collision forced Deputy Sponhalz’ vehicle off of the highway up an embankment. The suspect vehicle was rendered disabled and spun to a stop in the middle of the lane.
Witnessing the collision, Deputy Mirelez pulled to a stop between Deputy Sponhaltz’ vehicle and the suspect vehicle in an attempt to protect the life of his partner. Deputy Mirelez exited his vehicle and was confronted by a 35-year-old man armed with a pistol. After a brief verbal exchange, ordering the driver to drop the pistol, gunfire erupted between the suspect and Deputy Mirelez. During the firefight, Deputy Mirelez sustained a direct gunshot wound to the face from the suspect’s .45-caliber gun. This traumatic injury caused Deputy Mirelez to fall to his knees. Knowing his partner and the community was in danger, Deputy Mirelez got back up and continued to engage the suspect with fire. Deputy Mirelez was then struck in the upper torso. The bullet passed above his ballistic vest panels and caused critical internal injuries.
Deputy Mirelez was able to keep the suspect engaged until his fellow deputies, Deputy Sheriff Tim Lemmons and Deputy Sheriff Michael King contacted and apprehend the suspect.
Sustaining life-threatening injuries, Deputy Mirelez was flown to a trauma hospital in Modesto where a surgery team was waiting. Less than 24 hours after this incident, Deputy Mirelez, barely alert, began asking about his partners. Due to the significant and critical injuries sustained, Deputy Mirelez was not able to speak and was unable to move without excruciating pain. Fighting through his pain, he asked for paper and a pen and wrote “Sponholtz.” He then held his hand up showing the number four, the universal law enforcement code for Code 4, meaning “no further assistance needed.” Throughout his recovery, Deputy Mirelez would focus more on healing those around him than his own being.
Less than 30 days after being shot twice Deputy Mirelez spoke to the Mariposa County Board of Supervisors and community. Appearing in public, with his wife and family, with his facial injuries and protruding medical devices that held his jaw in place, he spoke about healing the community, thankfulness and his desire to get back to work protecting and serving the people of Mariposa County. Five months after having received multiple life-threatening injuries and having undergone multiple surgeries, Deputy Rudy Mirelez remains strong for his family and peers.
The investigation into the shooting, revealed the suspect was a well-trained U.S. combat veteran who served three tours in Iraq. The suspect, reportedly was “on a mission” to kill an unsuspecting Mariposa County resident unrelated to this event. Due to the courageous actions of Deputy Mirelez, at least one, and possibly many citizens’ lives were saved that morning.
Go to www.bja.gov/CBOB to learn more about the Law Enforcement Congressional Badge of Bravery.
School Security Guard Charged in White Plains Federal Court with Four Murders in Connection with Cocaine Distribution ConspiracyRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), George P. Beach II, the Superintendent of the New York State Police (“NYSP”), and Peter J. Graziano Jr., Chief of the Village of Chester Police Department (“Chester PD”), announced the arrest of JOSEPH BIGGS, a security guard at a school in Hastings-On-Hudson, New York, for a quadruple murder committed in Chester, New York in April 2016. BIGGS was charged in a 17-count Superseding Indictment, along with NICHOLAS TARTAGLIONE, a retired police officer who was previously arrested and charged in this case, for their participation in a conspiracy to distribute five kilograms and more of cocaine and for the murders of Martin Luna, Urbano Santiago, Miguel Luna, and Hector Gutierrez in furtherance of that conspiracy. The new indictment also includes firearms and kidnapping charges against both defendants in connection with the murders.
Acting U.S. Attorney Joon H. Kim stated: “As alleged, Joseph Biggs, a school security officer, participated in the brutal drug-related kidnapping and murder of four people in a bar in Chester, New York. Biggs allegedly committed these cold-blooded crimes with Nicholas Tartaglione, a retired police officer. Murders are always frightening, but when allegedly committed by people entrusted with the safety of others, it is all the more disturbing.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. stated: “The FBI and our law enforcement partners in this investigation are following leads wherever they take us, and we will continue to search out any information that will help us solve the case. We are purposefully methodical, and careful about gathering facts and evidence, and we won’t stop until we bring to justice all of those responsible for the murders of these four men.”
NYSP Superintendent George P. Beach II said: “I praise the work of law enforcement in bringing these two suspected men to justice. Illicit drugs can not only be fatal to their users, but the crimes that surround these illegal operations are deadly and dangerous to our communities. With these two alleged actors charged, dangerous drugs are not making it to our streets, and those streets are now safer. The State Police pledge to continue to work and partner with other law enforcement agencies. The work we are doing will make a difference in the lives of the people we serve.”
Village of Chester Police Chief Peter J. Graziano Jr. said: “We are fortunate and humbled to be able to work with such talented people as a team in the arrest of Mr. Biggs in connection with the unspeakable and callous murder of these victims. That Mr. Bigs is alleged to be involved in a case such as this and be entrusted with the safety of children defies explanation.”
As alleged in the Indictment filed today in White Plains federal court[1]:
From at least in or about June 2015 up to and including April 2016, NICHOLAS TARTAGLIONE, JOSEPH BIGGS, and others conspired to sell five kilograms or more of cocaine. In April 2016, NICHOLAS TARTAGLIONE and JOSEPH BIGGS participated in the killing of Martin Luna, Urbano Santiago, Miguel Luna, and Hector Gutierrez in furtherance of that cocaine distribution conspiracy. Specifically, on April 11, 2016, TARTAGLIONE and BIGGS lured Martin Luna to a bar called the Likquid Lounge in Chester, New York under false pretenses, where he was held captive and killed. The other three victims – Urbano Santiago, Miguel Luna, and Hector Gutierrez – accompanied Martin Luna to the bar, where they were then held captive, shot, and killed.
* * *
JOSEPH BIGGS, 55, of Nanuet, New York, was taken into federal custody this morning. BIGGS was presented in White Plains federal court today before U.S. Magistrate Judge Judith McCarthy and ordered detained. His case has been assigned to United States District Judge Kenneth M. Karas. NICHOLAS TARTAGLIONE was previously arrested on December 19, 2016, and has been detained in federal custody since that date.
A chart containing the charges and maximum penalties the defendants face is attached. The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
Mr. Kim praised the outstanding investigative work of the FBI, the New York State Police, and the Village of Chester Police Department. Mr. Kim also thanked the City of Middletown Police Department for its assistance in the case.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Maurene Comey and Michael Gerber are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
United States v. Nicholas Tartaglione and Joseph Biggs, S3 16 Cr. 832 (KMK)
COUNT
CHARGES
MAXIMUM PENALTIES
1
Conspiracy to distribute and possess with intent to distribute 5 kilograms or more of cocaine.
Life in prison
Mandatory minimum: 10 years in prison
2
Murder of Martin Luna in furtherance of a conspiracy to distribute 5 kilograms or more of cocaine.
Life in prison or death
Mandatory minimum: 20 years in prison
3
Murder of Urbano Santiago in furtherance of a conspiracy to distribute 5 kilograms or more of cocaine.
Life in prison or death
Mandatory minimum:
20 years in prison
4
Murder of Miguel Luna in furtherance of a conspiracy to distribute 5 kilograms or more of cocaine.
Life in prison or death
Mandatory minimum:
20 years in prison
5
Murder of Hector Gutierrez in furtherance of a conspiracy to distribute 5 kilograms or more of cocaine.
Life in prison or death
Mandatory minimum:
20 years in prison
6
Use of a firearm in furtherance of drug trafficking crime resulting in the death of Urbano Santiago.
Life in prison or death
Mandatory minimum:
10 years in prison
7
Use of a firearm in furtherance of drug trafficking crime resulting in the death of Miguel Luna.
Life in prison or death
Mandatory minimum:
10 years in prison
8
Use of a firearm in furtherance of drug trafficking crime resulting in the death of Hector Gutierrez.
Life in prison or death
Mandatory minimum:
10 years in prison
9
Kidnapping conspiracy.
Life in prison
10
Kidnapping resulting in the death of Martin Luna.
Life in prison or death
Mandatory minimum:
Life in prison
11
Kidnapping resulting in the death of Urbano Santiago.
Life in prison or death
Mandatory minimum:
Life in prison
12
Kidnapping resulting in the death of Miguel Luna.
Life in prison or death
Mandatory minimum:
Life in prison
13
Kidnapping resulting in the death of Hector Gutierrez.
Life in prison or death
Mandatory minimum:
Life in prison
14
Travel or use of interstate facility with intent to commit crime of violence, resulting in death of Martin Luna.
Life in prison
15
Travel or use of interstate facility with intent to commit crime of violence, resulting in death of Urbano Santiago.
Life in prison
16
Travel or use of interstate facility with intent to commit crime of violence, resulting in death of Miguel Luna.
Life in prison
17
Travel or use of interstate facility with intent to commit crime of violence, resulting in death of Hector Gutierrez.
Life in prison
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the descriptions of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Salem Man Pleads Guilty to Federal Firearms ChargeRead the Press Release
Roanoke, VIRGINIA – A Salem man, who directed his then-girlfriend to sell a machine gun, pled guilty this week in the United States District Court for the Western District of Virginia in Roanoke to a federal firearms charge, Acting United States Attorney Rick A. Mountcastle announced.
Billy James Carter, 45, of Salem, Va., pled guilty this week to one count of unlawfully transferring a firearm.
According to evidence presented by Assistant United States Attorney Ashley B. Neese, in April 2016, Carter directed his then-girlfriend to sell an AK-47 style rifle to a friend in Montgomery County, Virginia for $1,900. The rifle featured both semiautomatic and automatic fire styles.
The investigation of the case was conducted by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Montgomery County Sheriff’s Office. Assistant United States Attorney Ashley B. Neese prosecuted the case for the United States.
Rutland Town Woman and Shrewsbury Man Sentenced to 24 Months Imprisonment for Narcotics Distribution in Rutland AreaRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Andi Majka, 28, of Rutland Town, and Young Lim, 35, of Shrewsbury, have been sentenced to imprisonment for their respective roles in distributing crack cocaine and heroin in the Rutland area over a few year period. Both had previously pled guilty to distribution of crack cocaine and, according to court records, both also sold heroin.
Judge Geoffrey W. Crawford of the United States District Court in Rutland sentenced both Lim and Majka to twenty-four months imprisonment. Judge Crawford also imposed a three-year period of supervision by the United States Probation Office, i.e. “Supervised Release,” which begins after each is released from prison.
According to court records, Lim and Majka sold crack and heroin in the Rutland area for a few year period ending in October 2015, when they were arrested on federal drug distribution charges. According to court records, at one point in 2015 they were obtaining up to ten grams of heroin and one ounce of crack cocaine per day from out-of-state dealers. They then sold a significant portion of their narcotics to support their own drug addictions.
For several months in 2016, Majka and Lim were participating in the Federal Drug Court Program in Rutland. Federal defendants are potentially eligible for this program depending on a variety of factors including whether their offenses were addiction driven and whether their offense conduct involved violence. If Lim and Majka had successfully completed the Federal Drug Court Program, both would have received a probationary sentence. However, after both repeatedly used drugs during the program and misrepresented their conduct to the Probation Office and before the Drug Court, Judge Crawford suspended them from the program and ordered them detained.
This case was investigated by the Vermont State Police Drug Task Force and the Federal Bureau of Investigation, with assistance from the Rutland Police Department. The United States is represented by Assistant U.S. Attorney Joe Perella. Majka is represented by David Watts, Esq. of Burlington. Lim is represented by Kevin Henry, Esq. of Burlington.
Rutland Attorney John Canney III Pleads Guilty to Filing False Tax ReturnsRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that John R. Canney III, an attorney in Rutland, Vermont, pleaded guilty today in United States District Court in Burlington to charges of filing false tax returns. Chief U.S. District Judge Christina Reiss released Canney on conditions pending sentencing, which has been set for September 21, 2017.
- May 15, 2017, the United States filed a criminal information charging Canney with one count of filing a false individual income tax return for tax year 2011, and one count of filing a false corporate tax return for tax year 2011, the charges which he admitted today.
Mr. Canney is the sole owner of John R. Canney III, P.C., a Rutland law firm. The firm has two principal bank accounts: an operating account and a client trust account, also known as an IOLTA account. Mr. Canney used the trust account to maintain client retainer fees and funds held in trust. Upon earning fees through legal services, rather than transferring his professional remuneration from the IOLTA account to the operating account where it would be subject to accounting oversight for tax purposes, Mr. Canney instead transferred this earned income from the client trust account to his personal bank account.
- preparation for filing both the corporation income tax return and his personal income tax return for tax year 2011, Mr. Canney provided his return preparer with documentation of transactions from the firm’s operating account, but not transactions from the client trust account. Because the return preparer used only operating account financial records to determine the firm’s net income, and because those records excluded the IOLTA diversions, the corporate tax return did not include the diverted funds as corporate gross receipts. Therefore, the gross receipts of the corporation for tax year 2011 were substantially higher than the gross receipts listed on the filed corporation income tax return. Likewise, the operating account financial records did not reflect the deposits from the IOLTA account into Mr. Canney’s personal bank account. Therefore, the personal tax returns that the preparer completed for Mr. Canney omitted the income derived from the IOLTA account. Consequently, the adjusted gross income for tax year 2011 was substantially higher than the adjusted gross income listed on the filed individual income tax return.
Canney faces up to three years of imprisonment and a fine of up to $250,000. The actual sentence will be determined with reference to the federal Sentencing Guidelines.
This case was investigated by the Internal Revenue Service. Canney is represented by Tristram J. Coffin of Downs Rachlin Martin PLLC in Burlington. The prosecutor is Assistant U.S. Attorney Kevin J. Doyle.
Rock Island Man Indicted on Cocaine ChargeRead the Press Release
ROCK ISLAND, Ill. – Trial has been set for July 31, 2017, for a Rock Island man charged with possession of cocaine with intent to distribute. Jeffrey Terrell Moore, 29, of the 600 block of 7th Street, appeared in federal court today for arraignment before U.S. District Judge Sara L. Darrow.
A federal grand jury in Peoria returned the indictment on May 23, that charges Moore with attempted possession of at least 500 grams of cocaine with intent to distribute on May 4, 2017, in Rock Island.
Moore was previously charged in a criminal complaint. According to the affidavit filed in support of the complaint, Moore was arrested on May 4, 2017, as he allegedly attempted to purchase multiple kilograms of cocaine.
During a court appearance on May 9, before Judge Darrow, Moore was ordered detained in the custody of the U.S. Marshals Service.
If convicted, the statutory penalty is a minimum mandatory sentence of 10 years to life in prison.
The charge is the result of an investigation by the Rock Island Police Department, assisted by the Quad Cities MEG and the U.S. Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Don Allegro.
Members of the public are reminded that an indictment is merely an accusation; the defendant is presumed innocent unless proven guilty.
Reading Man Charged with Illegal Reentry after DeportationRead the Press Release
Luis Villa De Leon, of Reading, PA, was charged today by Indictment with illegal reentry after deportation, announced Acting United States Attorney Louis D. Lappen. The indictment alleges that on or about December 14, 2016, Villa-De Leon, an alien, and native and citizen of the Dominican Republic, was found in the United States after having been deported from the United States on or about October 10, 1999, July 26, 2000, and September 27, 2006.
If convicted the defendant faces a maximum possible sentence of twenty years.
The case was investigated by Immigration and Customs Enforcement, Enforcement and Removal Operations (“ERO”), and is being prosecuted by Assistant United States Attorney Nancy Rue.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Prineville Oregon Man Sentenced to 135 Months in Prison for Distributing Child PornographyRead the Press Release
EUGENE, Ore. – On May 31, 2017, Ryan Babcock, 35, was sentenced by United States District Court Judge Ann Aiken to 135 months in federal prison for distribution of child pornography. Upon his release from prison, Babcock will have a lifetime of supervised release.
According to court documents, in 2015, Oregon State Police received information that Babcock was distributing child pornography via email. Law enforcement searched Babcock’s residence and found over 600 child pornography images from the internet on his computers and hidden camera recordings taken in Babcock’s bathroom. Babcock had installed the hidden camera and then videotaped two minor females, both under the age of 12, undressing and taking a bath at his house. Babcock is also seen in the video masturbating while washing one girl’s hair. From the video and subsequent investigation, it has been determined that the victims were unaware of what Babcock was doing.
This case was investigated by the Oregon State Police and the Bend Office of the FBI. It was prosecuted by Amy Potter, Assistant United States Attorney for the District of Oregon with assistance from the Crook County District Attorney’s Office.
Philadelphia Pair Charged with Hobbs Act RobberiesRead the Press Release
A superseding indictment[1] was filed today charging Montanez Adams, 22, and Robert Holmes, 19, both of Philadelphia, Pennsylvania with two counts each of Hobbs Act robbery, and two counts each of using, carrying, and brandishing a firearm during a crime of violence, and aiding and abetting, and Adams was also charged with one count of possession of a firearm by a convicted felon, announced Acting United States Attorney Louis D. Lappen. The superseding indictment alleges that the defendants committed two armed robberies of GameStop stores located at 6406 Sackett Street and 4600 Roosevelt Boulevard in Philadelphia, PA on or about January 2 and 7, 2017, respectively.
If convicted the defendants face maximum possible sentences of life imprisonment.
The case was investigated by the Philadelphia Police Department with the Bureau of Alcohol, Tobacco, Firearms and Explosives and is being prosecuted by Assistant United States Attorney Katherine Driscoll.
[1] An Indictment or Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pasco Man Sentenced to over 8 Years for Conspiring to Defraud the Government and to Commit Wire FraudRead the Press Release
Spokane, WA – Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that Scott Johnson, age 43, of Pasco, Washington, was sentenced, after having previously pled guilty on November 24, 2015, to Conspiracy to Defraud the Government and Conspiracy to Commit Wire Fraud. United States District Judge Salvador Mendoza, Jr. sentenced Johnson to a 97-month term of imprisonment, to be followed by a three-year term of court supervision after he is released from Federal prison. In addition, Judge Mendoza ordered Johnson to pay $9,517,412.50 in restitution to the United States taxpayers and an additional $6,175,929.17 in restitution to the victims of his fraud.
According to information disclosed during the court proceedings, Johnson was a member of a conspiracy involving Gen-X Energy Group, Inc. (Gen-X), a renewable energy company formerly located in Pasco and Moses Lake, Washington. Between October of 2012 and April of 2015, Johnson and his co-conspirators falsely claimed the production of more than 72,000,000 marketable renewable energy credits, which they then sold for more than $57,000,000, and filed false claims with the IRS for $9,517, 412.50 in excise credit refunds. Throughout this period, much of the renewable fuel claimed to be produced at the Gen-X facilities was either not produced or re-processed multiple times.
Acting United States Attorney Harrington stated, “The United States Attorney’s Office for the Eastern District of Washington is, and will continue to be, committed to prosecuting aggressively and seeking appropriate punishment for white collar crimes.
I commend the tenacious and thorough efforts of the IRS-Criminal Investigation and the Environmental Protection Agency’s Criminal Investigation Division."
“American taxpayers and the biofuels industry were defrauded more than $65 million as a result of this massive and elaborate scheme,” said Jeanne M. Proctor, Special Agent in Charge of EPA’s criminal program in Washington State. Proctor went on to state: “EPA is committed to ensuring a level playing field for biofuels companies that play by the rules and pursuing those that blatantly disregard the law.”
"This is a classic case of an individual who allowed his own unfettered greed to guide his duplicitous actions," stated Special Agent in Charge Darrell Waldon of IRS Criminal Investigation. Waldon also commented that: "When that greed turns into fraud to the degree perpetrated by Scott Johnson and his co-conspirators, IRS CI stands ready with our law enforcement partners to serve as the guardians of economic equity and social justice."
This investigation was conducted by the Internal Revenue Service-Criminal Investigation, the Environmental Protection Agency’s Criminal Investigation Division, and the United States Secret Service, with assistance from the Washington State Patrol.
The case was prosecuted by Scott T. Jones, an Assistant United States Attorney for the Eastern District of Washington; Karla G. Perrin, EPA Regional Criminal Enforcement Counsel and Special Assistant United States Attorney for the Eastern District of Washington; and Adam Cullman and Thomas Franzinger, Trial Attorneys, Environmental Crimes Section, United States Department of Justice.
Parkersburg felon pleads guilty to federal gun crimeRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man pleaded guilty today to a federal gun crime, announced United States Attorney Carol Casto. Tyrese Antonio McMillon, 32, entered his guilty plea to being a felon in possession of a firearm.
McMillon admitted that on May 27, 2016, in Parkersburg, he possessed a Lorcin .380 pistol. McMillon was prohibited from possessing any firearm under federal law because of a 2006 felony conviction in Cabell County Circuit Court for possession with intent to deliver a controlled substance.
McMillon faces up to 10 years in federal prison when he is sentenced on August 24, 2017.
The Parkersburg Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant United States Attorney Joshua C. Hanks is in charge of the prosecution. The plea hearing was held before United States District Judge Joseph R. Goodwin.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Owner of Defunct Food Distribution Business Pleads Guilty to Defrauding Restaurant GroupsRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that MARK BERLIN, 63, of Boca Raton, Florida, waived his right to be indicted and pleaded guilty yesterday in Bridgeport federal court to one count of wire fraud related to his defrauding three restaurant groups of more than $3.5 million.
According to court documents and statements made in court, BERLIN owned and operated Fairfield Food Services, LLC, a Bridgeport-based food distribution business that bought meat, fish and other foods from wholesale vendors and then sold the items to restaurants and retail food distributors (“retail victims”). On a routine basis, BERLIN met with representatives for the retail victims to pitch them specific sales opportunities. Between April 2012 and April 2015, BERLIN made various misrepresentations to secure the sales, including claiming that he had arrangements with wholesale suppliers to obtain “futures contracts” from the wholesalers, and that the retail victims could “lock in” low prices if they paid for products in advance with delivery at a later date. BERLIN regularly told the retail victims that he had a “great deal” on particular products and the customers had to pay him fast in order to obtain the deals. BERLIN provided the retail victims with “Bill and Hold” invoices purportedly reflecting specific monies to be paid to the wholesale suppliers for products at the prices indicated. The retail victims then paid the “Bill and Hold” invoices in full with an understanding that the products or the futures contracts for products were being purchased from the suppliers.
The investigation revealed that BERLIN did not have “locked in” prices or “futures contracts” with wholesale suppliers, and BERLIN frequently used retail victims’ payments simply to cover his business’s immediate cash flow needs. In fact, instead of paying wholesalers before products were delivered, BERLIN typically did not pay the wholesalers for 30 or 60 days after products were delivered.
By April 2015, BERLIN was unable to keep the scheme afloat and stopped providing products to the retail victims. Shortly thereafter, Fairfield Food Services declared bankruptcy and closed its business. The Fairfield Food Services’ bankruptcy filing lists a total of approximately $5.3 million owed to three restaurant groups that paid BERLIN in advance for products, and hundreds of thousands of dollars owed to wholesale suppliers for products for which Fairfield Food Services had already taken delivery.
In pleading guilty, BERLIN contends that not all of the approximately $5.3 million owed to his retail victims was obtained by fraud. The government’s position is that BERLIN obtained at least $3.5 million and as much as $5.3 million by fraud.
BERLIN is scheduled to be sentenced by U.S. District Judge Stefan R. Underhill on August 25, 2017, at which time he faces a maximum term of imprisonment of 20 years.
This matter is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Christopher W. Schmeisser.
Ossipee Man Sentenced to Eight Years in Prison for Fentanyl ConspiracyRead the Press Release
CONCORD, N.H. – John J. Farley, Acting United States Attorney for the District of New Hampshire, announced that Jeffrey Lamarche, 39, of Ossipee, was sentenced to serve eight years in federal prison for his role in a conspiracy to possess with intent to distribute fentanyl.
According to court documents and statements in court, on May 24, 2016, Lamarche was a passenger in a vehicle stopped by a New Hampshire State Police trooper. After making various observations about Lamarche, the trooper asked if he would consent to a search. Lamarche consented. When the trooper asked the defendant to squat and stand up, seven cellophane packages fell from his right pant leg. Lab results later confirmed that the packages contained 44.6 grams of fentanyl and 5.8 grams of cocaine.
“The United States Attorney’s Office is committed to working with all of our law enforcement partners to stop the distribution of fentanyl,” Acting U.S. Attorney Farley said. “Those who choose to sell dangerous substances are jeopardizing the lives of the people in our communities. While people suffering from addiction need treatment, we will continue to target and prosecuted individuals involved in drug trafficking.”
The case was investigated by the New Hampshire State Police and was prosecuted by Assistant United States Attorney Georgiana L. Konesky.
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New Milford Man Involved in Extortion Scheme Sentenced to 30 Months in Federal PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that HOWARD HAMMER, 45, of New Milford, was sentenced today by U.S. District Judge Janet Bond Arterton in New Haven to 30 months of imprisonment, followed by three years of supervised release, for his role in an extortion scheme.
According to court documents and statements made in court, in late December 2015 to early January 2016, James Broderick, of New Milford, lent an individual approximately $1,500 with an understanding that the individual was required to pay Broderick $1,500, plus an additional $500 in interest, within four days of the initial loan. When the individual failed to pay the loan within four days, Broderick asked HAMMER to assist him in collecting on the loan. HAMMER then sent text messages to the victim that threatened harm to the victim if he failed to pay his debt. HAMMER took screen shots of the threatening text messages and forwarded them to Broderick. HAMMER and Broderick also discussed taking the victim’s car either as payment for the debt or as punishment for failure to pay the debt.
On January 25, 2016, members of the New Milford Police Department received a 911 call and responded to a local hotel where they found the victim of this extortion scheme, beaten and bloodied, in a room at the hotel. The victim had been stabbed eight times in back, causing internal injuries, and had suffered severe fractures to his skull and facial bones. The investigation revealed that members of the Hells Angels motorcycle club had stabbed the victim and beaten him with a hammer in connection with this extortion scheme.
HAMMER has been detained since his arrest on May 27, 2016. On December 2, 2016, he pleaded guilty to one count of conspiracy to participate in the collection and attempted collection of an extension of credit by extortionate means.
Broderick pleaded guilty to the same charge on December 7, 2016. He awaits sentencing.
This matter has been investigated by the FBI Violent Crime Task Force, New Milford Police Department and Connecticut State Police Western District Major Crime Squad. The case is being prosecuted by Assistant U.S. Attorney Michael J. Gustafson.
Michigan Man Pleads Guilty to Federal Meth Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Marcus Bernard Harris, 22, of Detroit, Mich., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Harris and his codefendants Lewayne Deray Jennings, 28, of Southfield, Mich., and Jerrell Leveine Whitman-Crutcher, II, 31, of Warren, Mich., were arrested on Dec. 28, 2016, and charged with methamphetamine trafficking offenses after the DEA and New Mexico State Police (NMSP) seized a total of 9.8 kilograms (21.6 pounds) of methamphetamine during an interdiction investigation at the Greyhound Bus Station. The methamphetamine was allegedly concealed in various bundles inside luggage.
Harris and his codefendants were subsequently indicted on Jan. 24, 2017, and charged with conspiracy and possession of methamphetamine with intent to distribute on Dec. 28, 2016, in Bernalillo County, N.M.
During today’s proceedings, Harris pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute and admitted transporting methamphetamine to Albuquerque on a Greyhound bus by concealing the methamphetamine in his luggage.
At sentencing, Harris faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
Jennings and Whitman-Crutcher have entered pleas of not guilty to the charges against them. Criminal charges are merely accusations, and defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the DEA and the New Mexico State Police. Assistant U.S. Attorney David M. Walsh is prosecuting the case.
Men Sentenced in Multi-State Drug Trafficking and Money Laundering OperationRead the Press Release
PENSACOLA, FLORIDA – Benjamin Guerrero-Lantz, 21, of Destin, was sentenced yesterday to 65 months in prison. In March, he pled guilty to conspiracy to distribute and possess with intent to distribute more than 100 kilograms of marijuana, as well as conspiracy to commit money laundering. Co-defendant Andres A. Barrios, 27, also of Destin, was sentenced on May 18, 2017, to 120 months in prison. In March, he pled guilty to both conspiracy charges and possession of a firearm by a convicted felon. The sentences were announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
Barrios and Guerrero-Lantz were funneling proceeds of a California-based drug trafficking operation through at least eight bank accounts containing more than $350,000, and illicitly obtained dozens of $500 money orders and multiple vehicles under nominee names.
In July 2016, law enforcement officers searched Guerrero-Lantz’s condominium after receiving complaints about the smell of marijuana. They found $17,000 in cash, handwritten ledgers recording drug debts, marijuana, vacuum-sealed bags, money order receipts, and vehicle titles. Guerrero-Lantz’s vehicle contained additional money order receipts and a bank transaction receipt for $9,000.
In December 2016, Guerrero-Lantz and others were stopped in Jackson, Mississippi, with more than $10,000 in cash, bank deposit slips, money orders, and cellular telephones. Law enforcement searched a Destin residence where they found Barrios. Inside, they found 13 one-pound bags of marijuana, more than $10,000 in cash, and other evidence of the drug trafficking conspiracy. Barrios also possessed a firearm and body armor.
This case resulted from an investigation by the Internal Revenue Service – Criminal Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Pensacola Police Department; and the Okaloosa County Sheriff’s Office. Assistant United States Attorney David L. Goldberg prosecuted the case.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Memphis Man Sentenced to 484 Months in Federal Prison for Robbing Multiple BusinessesRead the Press Release
Memphis, TN – Terry Farris was sentenced to 484 months in federal prison for armed robbery affecting interstate commerce. Lawrence J. Laurenzi, Acting U.S. Attorney for the Western District of Tennessee, announced the sentence today.
According to information presented in court, during the month of January 2016, Eugene Cox, 23, and Squantivia S. Patterson, 23, both of Memphis; and Terry Farris, 38, of Millington, participated in multiple armed robberies of seven Memphis businesses: Shoney’s, Family Dollar, Krystal’s, Circle K, Church’s, Subway and Beauty and Beyond.
The guilty verdict followed a jury trial before the Honorable Sheryl Lipman, U.S. District Judge. Evidence at trial showed Terry Farris, along with Eugene Cox and Squantivia Patterson, committed two robberies together.
On January 13, 2016, the trio robbed the Shoney’s at 308 Covington Pike. Later that evening, the men robbed Circle K at 6133 Macon. Cox and Patterson were captured on surveillance video inside the Circle K, while Farris remained outside of the business and served as the lookout. After the robbery of Circle K, the men parted ways.
On January 14, 2016, Farris robbed Family Dollar at 2711 Getwell and Krystal’s at 3675 Lamar. On January 16, 2016, he robbed Church’s at 925 Poplar. That same day, Cox and Patterson robbed Subway at 2938 Covington Pike. While committed on the same day, the robberies were unrelated. Cox and Patterson committed their last robbery on January 23, 2016, at the Beauty and Beyond beauty supply, 9024 Covington Pike.
As a result of the Memphis Police Department’s investigation, latent prints lifted from the crime scene at Family Dollar were determined to be the same inked impressions belonging to Farris. The investigation also yielded surveillance video from Family Dollar, Krystal’s and Church’s along with victims’ identification of Farris from photo line-ups.
The case was investigated by detectives from the Memphis Police Department’s Safe Streets Task Force. Assistant U.S. Attorneys Karen Hartridge and Kevin Whitmore prosecuted this case on the government’s behalf.
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Member of Grant County Methamphetamine Trafficking Ring Sentenced to PrisonRead the Press Release
ALBUQUERQUE – Gary Lee Romero, 32, of Santa Clara, N.M., was sentenced today in federal court in Las Cruces, N.M., to 63 months in federal prison followed by four years of supervised release for his methamphetamine trafficking conviction.
Romero is one of twelve defendants charged with methamphetamine trafficking offenses as the result of a multi-agency investigation targeting a drug trafficking organization led by Daniel Lee Jacquez, 35, of Silver City, that distributed methamphetamine in Grant County, N.M. The investigation concluded in April 2015 with the filing of a 34-count indictment against Romero, Jacquez and nine co-defendants.
The indictment charged the 12 defendants with participating in a drug trafficking conspiracy and committing a series of substantive drug trafficking offenses and a firearms offense. According to the indictment, the defendants conspired to distribute methamphetamine in Grant County from March 2014 through April 2015. Eight counts charged certain defendants with distributing or possessing with intent to distribute methamphetamine and 24 counts charge certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. The indictment also charged one defendant with being a felon in possession of a firearm.
Romero pled guilty on July 13, 2016, to a felony information charging him with participating in a methamphetamine trafficking conspiracy, and admitted working with his co-defendants to distribute approximately 500 grams to 1.5 kilograms of methamphetamine in Silver City between March 2015 and April 2015.
All of Romero’s co-defendants, including Jacquez, have entered guilty pleas. Jacquez was sentenced on April 27, 2017, to 108 months in prison followed by four years of supervised release; Crystal Medina Gomez, 51, of Silver City, was sentenced on March 29, 2017, to 30 months in prison followed by three years of supervised release; and Anthony R. Davila, 26, of Santa Clara, was sentenced on Feb. 21, 2017, to 60 months in prison followed by three years of supervised release. The remaining co-defendants are currently awaiting sentencing hearings.
The case was investigated by the Las Cruces offices of the DEA, HSI and FBI with assistance from the U.S. Marshals Service and the New Mexico State Police. Assistant U.S. Attorney Richard C. Williams of the U.S. Attorney’s Las Cruces Branch Office is prosecuting this case.
The investigation leading to the filing of charges in this case was designated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program, a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Medicare Fraudster Given Maximum Prison SentenceRead the Press Release
HOUSTON – A Houston woman and a California man have been ordered to federal prison for conspiring to defraud Medicare through so-called diagnostic testing labs in the Houston area, announced Acting U.S. Attorney Abe Martinez. Zaven “George” Sarkisian, 55, of Fresno, California, and Konna Hanks, 48, of Houston, pleaded guilty Dec. 9 and 2, 2015, respectively.
Today, U.S. District Judge Keith P. Ellison ordered Sarkisian to the serve the statutory maximum of 10 years in prison. In handing down the sentence, Judge Ellison imposed enhancements for obstruction of Medicare’s administrative investigation, leadership role, abuse of Medicare’s trust, sophisticated means and loss to a federal health care program of more than $1 million. The court noted Sarkisian’s conspiracy was plotted over a long period of time and was “extremely serious.” For her role, Hanks will serve a total of 37 months in prison. As part of their pleas, Sarkisian and Hanks acknowledged they caused actual losses in the amounts of $4,412,944 and $2,569,530, respectively. Both defendants were also ordered to pay full restitution to Medicare.
“The sentence imposed today demonstrates the gravity of Sarkisian’s actions,” said Martinez. “He created an elaborate scheme and used others to bilk millions out of Medicare even after they attempted to cut his federal funding.”
From 2012 to August 2014, Sarkisian formed 11 diagnostic testing “clinics” that the conspirators used to fraudulently bill Medicare for services and diagnostic tests that were not actually performed or were medically unnecessary. Hanks worked with Sarkisian at seven of the clinics and recruited and paid Medicare beneficiaries to attend his clinics.
Marketers such as Hanks paid Medicare beneficiaries to attend the clinics so they could use their Medicare numbers to fraudulently bill Medicare. Sarkisian paid these marketers $80 to $100 cash, knowing they would keep part of this fee and pay the rest to the beneficiary.
Sarkisian told co-conspirators to order ultrasounds, allergy tests and pulmonary function tests for each beneficiary, regardless of circumstances. He also instructed others to ensure every beneficiary had poor circulation, shortness of breath, heart problems and allergies written in their chart.
Medicare eventually put Sarkisian’s first clinic on pre-payment review, thus drastically slowing down the flow of Medicare payments. He then recruited others to form new clinics and to open bank accounts in their names even though Sarkisian would actually be the owner of the clinics and who received proceeds.
Sarkisian was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. Hanks had been previously on bond but was later ordered into custody for violating her conditions of release.
Two others - Darryl Johnson, 33, of Richmond, and Hmyak “Hamlet” Samsonyan, 47, of Katy, also pleaded guilty and are awaiting sentencing.
The FBI Health Care Fraud Task Force, Texas Attorney General’s Medicaid Fraud Control Unit and the Department of Health and Human Services - Office of Inspector General, Office of Investigations conducted the investigation. Assistant U.S. Attorneys Michael Chu and Jason Smith are prosecuting the case.
Maryland State Senator Indicted for Accepting Payments in Exchange for Official ActionsRead the Press Release
Baltimore, Maryland – A federal grand jury has indicted Maryland State Senator Nathaniel Thomas Oaks, age 70, of Baltimore, Maryland, with wire fraud, honest services wire fraud, and violations of the Travel Act for allegedly accepting illegal payments in exchange for using his official position or influence to benefit an individual on business-related matters. The indictment was returned on May 31, 2017.
The indictment was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office.
According to the affidavit in support of the criminal complaint filed previously, and the nine-count indictment returned on May 31, 2017, Oaks was a Maryland State Delegate representing District 41 (Baltimore City) from 1994 until being appointed to the Maryland Senate in February 2017, representing the same District.
The affidavit alleges that on September 21, 2015, a cooperating individual (the Cooperator) introduced Oaks to an FBI confidential human source (the CHS) who portrayed himself as an out-of-town businessperson interested in obtaining contracts in the City of Baltimore through a minority-owned business (the Company). The Company is a real business that is operated by a different cooperating defendant who is assisting the FBI with the investigation. The meeting took place at a restaurant in Pikesville, Maryland, and was consensually recorded by the Cooperator and the CHS. During the meeting, Oaks offered to assist the CHS with business development in Maryland.
During the months following the September 21, 2015 meeting between the CHS and Oaks, the CHS consensually recorded numerous telephone and in-person conversations with Oaks during which they discussed possible development and business-related opportunities that may be available to the CHS in Maryland. One such opportunity was a United States Department of Housing and Urban Development (HUD) project (the Project) that the CHS told Oaks that he was interested in developing in the City. Oaks told the CHS that he wanted to help with the HUD project.
According to the indictment, between the months of April 2016 and July 2016, Oaks issued two letters on his official House of Delegates letterhead to a person whom he believed to be a HUD official which contained materially false and fraudulent representations in order to assist the CHS in obtaining federal grant funds from HUD. The CHS paid Oaks $10,300 for his assistance.
Further, the indictment alleges that on September 22, 2016, the CHS paid Oaks $5,000 in exchange for Oaks’ agreement to file a bond bill request with the Maryland Department of Legislative Services (DLS) seeking $250,000 in state funds for the Project. Oaks filed the bill request with DLS later that day. On November 21, 2016, Oaks forwarded an email to the CHS that had been sent to him by DLS. The email attached the draft of the bill to establish a $250,000 bond to be used for the project.
All the money paid to Oaks by the CHS was supplied by the FBI and the meetings were recorded using audio/video recording equipment.
Oaks faces a maximum sentence of 20 years in prison for each count of wire fraud; 20 years in prison for honest services wire fraud; and five years in prison for each count of the Travel Act. An initial appearance has not yet been been scheduled in U.S. District Court in Baltimore.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
Acting United States Attorney Stephen M. Schenning commended the FBI for its work in the investigation. Mr. Schenning thanked Assistant U.S. Attorneys Kathleen O. Gavin and Leo J. Wise, who are prosecuting the case.
Mansfield man indicted for having child pornographyRead the Press Release
Dennis J. Northover, II, 27, of Mansfield, was charged with one count of receiving and distributing visual depictions of minors engaged in sexually explicit conduct, said Acting U.S. Attorney David A. Sierleja
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant's role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The case is being prosecuted by Assistant U.S. Attorney Brian M. McDonough following an investigation by the FBI Child Exploitation Task Force.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government's burden to prove guilt beyond a reasonable doubt.
Man Sentenced to 60 Months in Prison for Drug Conspiracy and Possession of Cocaine with Intent to DistributeRead the Press Release
St. Thomas, USVI – Rhasheel Charles, 30, of St. Thomas, was sentenced today to 60 months in prison and five years of supervised release for drug conspiracy and possession with intent to distribute cocaine, Acting United States Attorney Joycelyn Hewlett announced. District Judge Curtis V. Gomez also ordered Charles to pay a $100 special assessment and complete 400 hours of community service.
On January 31, 2017, Charles pleaded guilty to drug conspiracy and possession with intent to distribute cocaine. According to the plea agreement filed with the court, Charles was attempting to carry 3.55 kilograms of cocaine in a bag onboard an American Airlines flight to Miami, Fla., when a Customs and Border Protection canine alerted to the drugs in the bag.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. The case was prosecuted by Assistant U.S. Attorney Sigrid Tejo-Sprotte.
Man Sentenced to 24 Years' Imprisonment for Armed RobberyRead the Press Release
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jordan Akeem McDaniel, 28, of St. Stephen, South Carolina, was sentenced to a total of two hundred and eight-eight months imprisonment for the armed robbery of Orvin’s Insurance Agency in St. Stephens. McDaniel pled guilty in November 2015, to one count of Robbery Affecting Interstate Commerce and one count of Brandishing a Firearm in Furtherance of a Crime of Violence. The Robbery charge carries up to 20 years imprisonment; the Brandishing charge carries a mandatory sentence of 7 years imprisonment, to be served consecutive to any other sentence.
Information presented at McDaniel’s guilty plea established that McDaniel waited outside Orvin’s Insurance Agency around closing time, and when an employee exited the business McDaniel forced him back in at gunpoint. There, he forced the employee to the floor and held other employees at gunpoint. McDaniel then took cash and checks that were kept at the business. Information at McDaniel’s sentencing established that McDaniel had been released from prison in June 2012. Three months after his release, McDaniel committed Voluntary Manslaughter in September 2012, and then two months later, in December 2012, committed the armed robbery of Orvin’s Insurance Agency. United States District Judge Richard M. Gergel imposed the sentence.
The conviction and sentence are the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Berkeley County Sheriff’s Office. Assistant United States Attorney Nathan Williams of the Charleston office prosecuted the case.
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Mail carrier indicted for stealing contents of 74 letters addressed to homes in TwinsburgRead the Press Release
A U.S Postal Service mail carrier was indicted for allegedly stealing the contents 74 letters addressed to homes in Twinsburg, said David A. Sierleja, Acting U.S. Attorney for the Northern District of Ohio.
Condrick E. Womack, Sr., 38, of Euclid, was indicted on one count of theft of mail matter by officer or employee.
From at least June 2016 through on or about September 14, 2016, Womack, did knowingly embezzle letters, packages and other items entrusted to him and which came into his possession intended to be conveyed by mail, and carried or delivered by any carrier, messenger, agent, or other person employed in any department of the Postal Service, to wit: the contents of approximately 74 first class letters in envelopes addressed to or sent by multiple individuals at addresses in the Twinsburg area, according to the indictment.
If convicted, a defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the
characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Gates Mills Police Department, the Twinsburg Police Department, and the U.S. Postal Service – Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Henry F. DeBaggis.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Limington Man Sentenced to 12 Years for Distributing MethadoneRead the Press Release
Portland, Maine: Acting United States Attorney Richard W. Murphy announced that Alfred McIntosh, Jr., a/k/a “Bim,” 45, of Limington, Maine, was sentenced today in U.S. District Court by Judge D. Brock Hornby to 12 years in prison to be followed by 3 years of supervised release for distributing methadone.
According to court records, on June 1, 2012, McIntosh burglarized the residence of a family member and stole methadone. On June 7, 2012, he distributed some of the stolen methadone to Drew Conners who consumed some of it and passed away on June 8, 2012 from acute methadone toxicity.
This case results from an investigation conducted by the U.S. Drug Enforcement Administration; the Buxton, Windham and Portland Police Departments, and the Cumberland County Sheriff’s Office.
Lawrence Man Pleads Guilty to Drug and Firearm OffensesRead the Press Release
BOSTON – A Lawrence man pleaded guilty today in federal court in Boston to drug and firearm charges.
Melvin Difo, 31, pleaded guilty to one count of possession with intent to distribute cocaine, heroin, and oxycodone; one count of conspiracy to distribute and possess with intent to distribute oxycodone; and one count of possession of a firearm by a felon. U.S. District Court Judge Douglas P. Woodlock scheduled sentencing for Sept. 6, 2017.
In the fall of 2015, federal investigators learned that Difo was receiving oxycodone from a supplier. Investigators arranged to have two sources make numerous controlled purchases of narcotics from Difo. In August 2016, two federal search warrants were executed, one at Difo’s home where a firearm was recovered, and one at his business, where approximately 40 grams of heroin, 100 grams of cocaine, and 860 oxycodone pills were recovered.
The charge of possession with intent to distribute provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $1 million. The charge of conspiracy provides for a sentence of no greater than 20 years in prison, a minimum of three years and up to five years of supervised release, and a fine of $1 million. The firearm charge provides for a sentence of no greater than 10 years in prison, three years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement today. The Massachusetts State Police and Lawrence Police Department provided valuable assistance with the investigation. Assistant U.S. Attorney Eric Rosen of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.
Las Vegas Man Sentenced for Coercion and Enticement of Two Girls to Travel from Oregon to Nevada to Work as ProstitutesRead the Press Release
LAS VEGAS, Nev. – A Las Vegas man was sentenced today to 75 months in prison for coercing and enticing two girls to travel from Oregon to Nevada to work as prostitutes, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Anthony Antonio Lewis, 20, pleaded guilty on March 7, 2017, to one count of coercion and enticement. Co-defendant Johnny Le Andrew Hudson, 19, pleaded guilty on Feb. 2, 2017, to coercion and enticement, and he was sentenced on May 2, 2017, to 87 months in prison. United States District Judge Andrew P. Gordon presided over both of the sentencing hearings.
According to the plea agreement, Lewis admitted that, from Jan. 22 to 27, 2016, he coerced and enticed two minor girls to travel from Oregon to California and to Nevada to engage in prostitution. Lewis told one of the girls that by working as a prostitute she would be able to buy her own car, and that when she returned to Oregon, she would be able to get her own place to live. He advertised the girl through backpage.com, a website known for prostitution advertisements. The girl would give the money obtained through prostitution committed in California and Nevada to Hudson and Lewis.
The case was investigated by the FBI. The case was prosecuted by Assistant U.S. Attorneys Elham Roohani and Christopher Burton.
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 and for information about internet safety education, visit www.usdoj.gov/psc.
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Lake County Middle School Teacher Arrested for Attempting to Entice A Minor to Engage in Sexual ActivityRead the Press Release
Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces the arrest and filing of a criminal complaint charging Andres Fernando Cabezas (33, Lake County) with attempting to entice a minor to engage in sexual activity. If convicted, he faces a minimum mandatory penalty of 10 years, up to life, in federal prison. Cabezas is employed as a teacher at Carver Middle School in Leesburg.
According to the
criminal complaint , between May 25 and May 30, 2017, Cabezas used his cellphone to communicate via e-mail and text messaging with a child he believed to be 12 years old, in an attempt to entice the girl to engage in sexual activity. On May 30, 2017, he traveled from Clermont to a restaurant in Lake Mary where he intended to meet the child. Upon arriving at the restaurant, Cabezas was arrested by FBI agents.Cabezas later confessed that he intended to have sex with the child and then give her an emergency contraceptive pill that agents had recovered from his vehicle. He also stated that he had visited the dark web to view videos of toddlers and young children engaged in sexual acts with adults.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Federal Bureau of Investigation. It will be prosecuted by Assistant United States Attorney Ilianys Rivera Miranda.
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 United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Lackawanna Man Pleads Guilty to Drug and Retaliation 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 Sharon Thompson, 25, of Lackawanna, NY, pleaded guilty to possession with intent to distribute, and distribution of, crack cocaine within 1000 feet of a public housing property, and conspiracy to retaliate against an informant, before Senior U.S. District Judge William M. Skretny. The charges carry a maximum penalty of 40 years in prison and a $2,000,000 fine.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that on May 7, 2014, the defendant sold crack cocaine to a confidential informant working with the Lackawanna Police Department. The purchase occurred within 1000 feet of the Gates Housing Projects in Lackawanna. On October 11, 2014, Thompson and another individual assaulted another individual who they believed was cooperating with law enforcement officers. In addition, they stole case and a cell phone from the victim while the victim was unconscious.
Thompson is one of 18 defendants arrested in a large scale drug trafficking operation that operated in and near the Gates Housing Project. To date, eight 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.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge.Sentencing is scheduled for September 20, 2017, at 9:00 a.m. before Judge Skretny.
KC Man Sentenced to 19 Years for PCP ConspiracyRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was sentenced in federal court today for his role in a conspiracy to distribute PCP.
Ronnie Barrett, 46, of Kansas City, was sentenced by U.S. District Judge Gary A. Fenner to 19 years in federal prison without parole.
On Nov. 22, 2016, Barrett pleaded guilty to participating in a conspiracy to distribute PCP from Jan. 1, 2014, to May 21, 2015, and to aiding and abetting money laundering. Barrett admitted he was a mid-level PCP dealer and obtained multiple-ounce quantities of PCP to distribute in PCP-dipped cigarettes called “sticks,” half-ounce bottles, and full ounce bottles. Barrett possessed and distributed more than a kilogram of PCP.
Barrett also admitted that he aided and abetted an uncharged accomplice to launder drug-trafficking proceeds. Money obtained from the PCP conspiracy was used to purchase a 2006 Maserati Quattroporte at a car dealership in Kansas City, Mo., for $25,000, with the intent to conceal the ownership of the unlawful proceeds. The Maserati was purchased by Barrett but the vehicle was titled in the name of the uncharged accomplice.
Barrett is the final defendant among 11 defendants who have pleaded guilty and been sentenced in this case.
This case was prosecuted by Assistant U.S. Attorney Brent Venneman. It was investigated by the Kansas City, Mo., Police Department and the FBI.
Justice Department Settles Disability-Based Housing Discrimination Lawsuit with City of Jacksonville, FLRead the Press Release
The Justice Department today announced a settlement with the city of Jacksonville, Florida, to resolve allegations that the city violated the Fair Housing Act and the Americans with Disabilities Act when it refused to all ow the development of permanent supportive housing for individuals with disabilities in its Springfield neighborhood.
The settlement, which must still be approved by the U.S. District Court for the Middle District of Florida, resolves a lawsuit the department filed in December 2016. That lawsuit was consolidated with similar ones brought by Ability Housing, Inc. and Disability Rights Florida, which were resolved in a separate settlement with the city.
“Federal law protects the right of individuals with disabilities to live in communities of their choice without facing discrimination,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Through this settlement, the city of Jacksonville has taken steps to ensure that its residents can exercise this right.”
“The Fair Housing Act and the Americans with Disabilities Act protect against official adoption of community discrimination,” said Acting U.S. Attorney W. Stephen Muldrow, of the Middle District of Florida. “We commend the city of Jacksonville’s willingness to rectify its past actions, and we look forward to continuing to work with the city to ensure that individuals with disabilities in Jacksonville are afforded the same opportunities as those without disabilities.”
As part of the city’s settlement with the department, the city has amended its zoning code to better comply with federal anti-discrimination laws, including removing restrictions that apply to housing for persons with disabilities and implementing a reasonable accommodation policy. The city also agreed to rescind the written interpretation that prevented Ability Housing from providing the housing at issue, designate a fair housing compliance officer, provide Fair Housing Act and Americans with Disabilities Act training for city employees, and pay a civil penalty to the government of $25,000. In the separate settlement, the city agreed to pay $400,000 to Ability Housing and $25,000 to Disability Rights Florida, and to establish a $1.5 million grant to develop permanent supportive housing in the city for people with disabilities.
The department’s suit alleged that in 2014, Ability Housing received a $1.35 million grant from Florida to revitalize a 12-unit apartment building and create permanent supportive housing for “chronically homeless” individuals in Jacksonville who, by definition, have at least one disability. Ability Housing specifically intended to provide this housing to veterans and to connect them with optional support services. The city had previously certified that Ability Housing’s development of the property was consistent with the city’s zoning code but, as alleged in the department’s complaint, reversed itself in response to intense community pressure based on stereotypes about the disabilities of the expected residents. As a result, Ability Housing lost the grant and the property. The department conducted an independent investigation and subsequently filed this lawsuit.
Fighting illegal housing discrimination is a top priority of the Justice Department. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Title II of the Americans with Disabilities Act prohibits discrimination on the basis of disability by public entities. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected] or contact HUD at 1-800-669-9777.
Justice Department Settles Disability-Based Housing Discrimination Lawsuit with City of JacksonvilleRead the Press Release
Jacksonville, FL – The Justice Department today announced a settlement with the city of Jacksonville, to resolve allegations that the city violated the Fair Housing Act and the Americans with Disabilities Act when it refused to allow the development of permanent supportive housing for individuals with disabilities in its Springfield neighborhood.
The settlement, which must still be approved by the U.S. District Court for the Middle District of Florida, resolves a lawsuit the department filed in December 2016. That lawsuit was consolidated with similar ones brought by Ability Housing, Inc. and Disability Rights Florida, which were resolved in a separate settlement with the city.
“Federal law protects the right of individuals with disabilities to live in communities of their choice without facing discrimination,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “Through this settlement, the city of Jacksonville has taken steps to ensure that its residents can exercise this right.”
“The Fair Housing Act and the Americans with Disabilities Act protect against official adoption of community discrimination,” said Acting U.S. Attorney W. Stephen Muldrow, of the Middle District of Florida. “We commend the city of Jacksonville’s willingness to rectify its past actions, and we look forward to continuing to work with the city to ensure that individuals with disabilities in Jacksonville are afforded the same opportunities as those without disabilities.”
As part of the city’s settlement with the department, the city has amended its zoning code to better comply with federal anti-discrimination laws, including removing restrictions that apply to housing for persons with disabilities and implementing a reasonable accommodation policy. The city also agreed to rescind the written interpretation that prevented Ability Housing from providing the housing at issue, designate a fair housing compliance officer, provide Fair Housing Act and Americans with Disabilities Act training for city employees, and pay a civil penalty to the government of $25,000. In the separate settlement, the city agreed to pay $400,000 to Ability Housing and $25,000 to Disability Rights Florida, and to establish a $1.5 million grant to develop permanent supportive housing in the city for people with disabilities.
The department’s suit alleged that in 2014, Ability Housing received a $1.35 million grant from Florida to revitalize a 12-unit apartment building and create permanent supportive housing for “chronically homeless” individuals in Jacksonville who, by definition, have at least one disability. Ability Housing specifically intended to provide this housing to veterans and to connect them with optional support services. The city had previously certified that Ability Housing’s development of the property was consistent with the city’s zoning code but, as alleged in the department’s complaint, reversed itself in response to intense community pressure based on stereotypes about the disabilities of the expected residents. As a result, Ability Housing lost the grant and the property. The department conducted an independent investigation and subsequently filed this lawsuit.
Fighting illegal housing discrimination is a top priority of the Justice Department. The Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Title II of the Americans with Disabilities Act prohibits discrimination on the basis of disability by public entities. More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Justice Department at 1-800-896-7743, email the Justice Department at [email protected] or contact HUD at 1-800-669-9777.
Justice Department Reaches Settlement Agreement with Washington State Public Transit System on Behalf of Washington Army National Guard MemberRead the Press Release
The Department of Justice announced today that it has reached a settlement agreement with Pierce County Transportation Benefit Area Corporation of Pierce County, Washington. The settlement resolves allegations that Pierce Transit violated the employment rights of Washington Army National Guard Member Lieutenant Colonel C. Van Sawin guaranteed by the Uniformed Services Employment and Reemployment Rights Act. USERRA safeguards the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations.
Pierce Transit, headquartered in Lakewood, Washington, is a municipal corporation and an operator of public transit in Pierce County, Washington, located south of Seattle. According to allegations brought by LTC Sawin, and independently investigated by the DOJ, Pierce Transit violated USERRA by failing to reemploy LTC Sawin in September 2016 after he returned from active duty military service. Pierce Transit worked cooperatively with DOJ during its investigation and worked to reach a settlement that addressed the USERRA violation found by the Department.
LTC Sawin is a United States Military Academy graduate, who served on active duty as a U.S. Army Battalion Maintenance Officer. LTC Sawin has also served as a reservist and, between 2005 and 2006, deployed to Iraq in support of Operation Iraqi Freedom. LTC Sawin was hired by Pierce Transit in 2007 and rose to become its Business Development Officer. In November 2015, LTC Sawin was activated to help lead the Washington National Guard’s earthquake readiness exercise, code named “Evergreen Tremor” – a weeklong exercise involving more than 1000 Washington National Guard soldiers and airmen across the state, as well as local, state and federal emergency response agencies. The drill took place in the Summer of 2016. Following the drill, LTC Sawin re-applied for his position in September 2016. Pierce Transit declined to re-employ LTC Sawin, stating that, while he was on active duty (in March 2016), it had laid him off following a reorganization that eliminated his position.
Under the terms of the settlement agreement, which is not an admission of liability by Pierce Transit, Pierce Transit must pay LTC Sawin $105,000 to compensate him for lost and/or reduced wages and benefits, and other damages. Additionally, the settlement seeks to reduce the likelihood of future USERRA violations by requiring Pierce Transit to adopt a USERRA policy, to provide training to its high-level officials and human resources staff on the USERRA rights and obligations of employers and covered employees, and to report allegations of violations of USERRA and certify its compliance therewith to the DOJ for a period of two years. Pierce Transit also agreed to resolve any dispute about the agreement in the United States District Court for the Western District of Washington.
“Failure to reemploy a person who leaves their job because of military deployment, service, or training is a violation of the law,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “The Justice Department will ensure that service members like LTC Sawin, who was called away from his job in order to serve the country in the National Guard, can complete their military obligations without fear that by doing so, they will lose their civilian jobs.”
“We are fortunate to have many National Guard servicemen and women who live in western Washington who are prepared to sacrifice time with their families and civilian jobs to serve our country,” said U.S. Attorney Annette L. Hayes. “Our job in the United States Attorney’s Office is to protect the rights of these citizen soldiers and to hold accountable employers who fail to meet their duties under the law.”
Subject to certain conditions, USERRA requires employers to promptly reemploy returning service members in the positions they would have held had their employment been not interrupted by military service, or in a position of like seniority, status and pay. Following a referral from the Department of Labor, the United States Department of Justice is authorized to bring claims on behalf of the men and women of our nation’s Armed Forces and veterans to recover employment rights including back pay, benefits and injunctive relief.
The matter was investigated and resolved by Assistant U.S. Attorney and Civil Rights Program Coordinator, J. Michael Diaz and Assistant U.S. Attorney Sarah Morehead in the U.S. Attorney’s Office for the Western District of Washington, in collaboration with Andrew Braniff, USERRA/USAO Program Coordinator, in the Employment Litigation Section of the Civil Rights Division of the Justice Department.
The Justice Department’s Civil Rights Division have given a high priority to the enforcement of service members’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.
Justice Department Reaches Settlement Agreement with Washington State Public Transit System on Behalf of Washington Army National Guard MemberRead the Press Release
The Department of Justice announced today that it has reached a settlement agreement with Pierce County Transportation Benefit Area Corporation of Pierce County, Washington. The settlement resolves allegations that Pierce Transit violated the employment rights of Washington Army National Guard Member Lieutenant Colonel C. Van Sawin guaranteed by the Uniformed Services Employment and Reemployment Rights Act. USERRA safeguards the rights of uniformed servicemembers to retain their civilian employment following absences due to military service obligations.
Pierce Transit, headquartered in Lakewood, Washington, is a municipal corporation and an operator of public transit in Pierce County, Washington, located south of Seattle. According to allegations brought by LTC Sawin, and independently investigated by the DOJ, Pierce Transit violated USERRA by failing to reemploy LTC Sawin in September 2016 after he returned from active duty military service. Pierce Transit worked cooperatively with DOJ during its investigation and worked to reach a settlement that addressed the USERRA violation found by the Department.
LTC Sawin is a United States Military Academy graduate, who served on active duty as a U.S. Army Battalion Maintenance Officer. LTC Sawin has also served as a reservist and, between 2005 and 2006, deployed to Iraq in support of Operation Iraqi Freedom. LTC Sawin was hired by Pierce Transit in 2007 and rose to become its Business Development Officer. In November 2015, LTC Sawin was activated to help lead the Washington National Guard’s earthquake readiness exercise, code named “Evergreen Tremor” – a weeklong exercise involving more than 1000 Washington National Guard soldiers and airmen across the state, as well as local, state and federal emergency response agencies. The drill took place in the Summer of 2016. Following the drill, LTC Sawin re-applied for his position in September 2016. Pierce Transit declined to re-employ LTC Sawin, stating that, while he was on active duty (in March 2016), it had laid him off following a reorganization that eliminated his position.
Under the terms of the settlement agreement, which is not an admission of liability by Pierce Transit, Pierce Transit must pay LTC Sawin $105,000 to compensate him for lost and/or reduced wages and benefits, and other damages. Additionally, the settlement seeks to reduce the likelihood of future USERRA violations by requiring Pierce Transit to adopt a USERRA policy, to provide training to its high-level officials and human resources staff on the USERRA rights and obligations of employers and covered employees, and to report allegations of violations of USERRA and certify its compliance therewith to the DOJ for a period of two years. Pierce Transit also agreed to resolve any dispute about the agreement in the United States District Court for the Western District of Washington.
“Failure to reemploy a person who leaves their job because of military deployment, service, or training is a violation of the law,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “The Justice Department will ensure that service members like LTC Sawin, who was called away from his job in order to serve the country in the National Guard, can complete their military obligations without fear that by doing so, they will lose their civilian jobs.”
“We are fortunate to have many National Guard servicemen and women who live in western Washington who are prepared to sacrifice time with their families and civilian jobs to serve our country,” said U.S. Attorney Annette L. Hayes. “Our job in the United States Attorney’s Office is to protect the rights of these citizen soldiers and to hold accountable employers who fail to meet their duties under the law.”
Subject to certain conditions, USERRA requires employers to promptly reemploy returning service members in the positions they would have held had their employment been not interrupted by military service, or in a position of like seniority, status and pay. Following a referral from the Department of Labor, the United States Department of Justice is authorized to bring claims on behalf of the men and women of our nation’s Armed Forces and veterans to recover employment rights including back pay, benefits and injunctive relief.
The matter was investigated and resolved by Assistant U.S. Attorney and Civil Rights Program Coordinator, J. Michael Diaz and Assistant U.S. Attorney Sarah Morehead in the U.S. Attorney’s Office for the Western District of Washington, in collaboration with Andrew Braniff, USERRA/USAO Program Coordinator, in the Employment Litigation Section of the Civil Rights Division of the Justice Department.
The Justice Department’s Civil Rights Division have given a high priority to the enforcement of service members’ rights under USERRA. Additional information about USERRA can be found on the Justice Department’s websites at www.usdoj.gov/crt/emp and www.servicemembers.gov, as well as on the Labor Department’s website at www.dol.gov/vets/programs/userra/main.htm.
Jamaican National Pleads Guilty to False Claim of U.S. CitizenshipRead the Press Release
St. Thomas, USVI- Ewart Henry, 71, of Jamaica, pleaded guilty today in federal court on St. Thomas to making a false claim of United States citizenship, Acting United States Attorney Joycelyn Hewlett announced. District Judge Curtis V. Gomez detained Henry pending further proceedings. Sentencing is set for October 5, 2017.
According to the plea agreement filed with the court, Henry admitted that he knowingly gave a U.S. Customs and Border Protection (CBP) officer a Connecticut state identification card to falsely represent that he was a United States citizen.
Henry faces a maximum sentence of three years in prison and a $250,000 fine. This case was investigated by CBP and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations . It was prosecuted by Assistant United States Attorney Sigrid M. Tejo-Sprotte.
Jacksonville Gang Founder Sentenced to 10 Years for Possessing A FirearmRead the Press Release
Jacksonville, Florida – U.S. District Judge Timothy J. Corrigan has sentenced Maurice Phillip Mitchell (32, Jacksonville) to 10 years in federal prison for possessing a firearm after having been convicted of a felony. A federal jury found him guilty on February 7, 2017. During his sentencing hearing, Mitchell was identified as the founder of the violent gang “Cut Throat Committee,” which operates throughout Florida’s prison system.
According to court documents, Mitchell was operating a minivan in the Lackawanna area of Jacksonville on February 29, 2016, when he was encountered by a patrol officer with the Jacksonville Sheriff’s Office (JSO). The officer observed signs of intoxication and pursued Mitchell, who led the officer on a high-speed chase and ultimately crashed the vehicle into a tree. Mitchell then exited the vehicle and fled on foot. A second JSO patrol officer, who had responded to assist, apprehended Mitchell a short time later, after finding him hiding under an SUV in a nearby parking lot. Upon returning to the scene of the crash, officers found a firearm on the dashboard of the minivan. As a previously convicted felon, Mitchell is prohibited from possessing a firearm or ammunition under federal law.
At the sentencing hearing, the United States presented evidence that Mitchell had attempted to obstruct justice by paying a third party to falsely testify on his behalf and by attempting to intimidate a witness during trial. He received a sentencing enhancement based on this evidence. He also received an additional sentencing enhancement for reckless endangerment during his flight from police.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, with assistance from the Jacksonville Sheriff’s Office and the Florida Department of Law Enforcement. It was prosecuted by Assistant United States Attorneys Laura Cofer Taylor and Kelly Karase.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. Acting United States Attorney Muldrow, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Illegal Alien Indicted for Possession of Firearms and Felony Assault on A Federal OfficerRead the Press Release
Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces the return of an indictment charging Oniel Christopher Russell, a/k/a OG Russell (39), a Jamaica national, with being an illegal alien in possession of a firearm and felony assault on a federal officer. If convicted on all counts, he faces a maximum penalty of 18 years in federal prison.
According to court documents, Russell last entered the United States on October 29, 2008, as a non-immigrant visitor for pleasure with subsequent authorization to remain within the United States until January 3, 2009. However, he failed to depart and remained in the country without any lawful immigration status. On August 24, 2013, deputies from the Orange County Sheriff’s Office found Russell in possession of a Ruger firearm. In October 2016, Russell threatened to kill an employee with U.S. Citizenship and Immigration Services over the telephone, after posting a video of himself called “cop killer” on YouTube. When officers with ICE subsequently attempted to execute an administrative warrant for his arrest, Russell attempted to flee back into a residence. As the deportation officer was attempting to handcuff him and place him under arrest, Russell pulled the officer into a wall and started dragging him towards the house. Russell was eventually taken into custody.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Custom Enforcement’s Enforcement and Removal Operations, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Orange County Sheriff’s Office. It will be prosecuted by Special Assistant United States Attorney Christina R. Downes, who is on assignment from ICE’s Office of the Principal Legal Advisor.
Houston Man Admits Hacking and Damaging Computers of Pittsburgh-area Health Care FacilityRead the Press Release
PITTSBURGH - A resident of Houston, Texas, entered pleas of guilty in Pittsburgh to charges of Intentional Damage to a Protected Computer and Wire Fraud, Acting United States Attorney Soo C. Song announced today.
Brandon A. Coughlin, of Houston, Texas, pleaded guilty before Chief United States District Court Judge Joy Flowers Conti.
In connection with the guilty plea, the Court was advised that Coughlin intentionally hacked and damaged 13 servers operated by a local healthcare facility and engaged in a scheme to defraud that healthcare facility by using its purchase card to order merchandise from Staples. On January 16, 2013, Coughlin was hired by the healthcare facility as an in-house computer systems administrator.
On February 4, 2013, he resigned from that position at the request of the management of the local healthcare facility. Using the administrative passwords he knew from his employment, Coughlin on September 18, 2013 hacked the computer network of the healthcare facility. He disabled all administrative accounts needed to control any and all of the computer servers of the healthcare facility, and deleted users’ network shares, business data, and patient health information and data, including patient medical records. He caused a financial loss of approximately $60,000.00. He caused the local healthcare facility to cease its medical treatment of patients until its system was restored.
Coughlin also admitted committing wire fraud when he attempted fraudulently to purchase online iPad Air tablets on the Staples account of the local healthcare facility. As part of the fraud, Coughlin breached the email server of the healthcare facility. He directed that email server to delete email from Staples before it was routed to the purchasing supervisor who handled the Staples account for the healthcare facility. He then monitored email communications between officials of the healthcare facility and others including the FBI through 2014. Coughlin admitted that he listened in on phone conferences between the FBI and the officials of the healthcare facility without their knowledge.
The law provides for a maximum total sentence of 30 years in prison, a fine of $500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Paul E. Hull is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation conducted the investigation leading to the prosecution of Brandon A. Coughlin.
Former Detroit Public Schools Principal Sentenced on Bribery ChargesRead the Press Release
A former Detroit Public Schools principal was sentenced to 24 months in federal prison and was ordered to pay restitution to the Detroit Public Schools in the amount of $45,775, as a result of having been convicted by a federal jury in an illegal bribery and kickback scheme, announced Acting United States Attorney Daniel L. Lemisch.
Joining Lemisch in the announcement were David P. Gelios, Special Agent in Charge of the Detroit Field Office of the Federal Bureau of Investigation, and Manny Muriel, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation.
Josette Buendia, 51, of Garden City, Michigan, the principal at Bennett Elementary School, was found guilty on all three charges of conspiracy to commit bribery and bribery charges, after a five-day jury trial before U.S. District Judge George Caram Steeh.
According to the evidence presented at trial, Buendia conspired with Norman Shy, 75, owner of Allstate Sales, a vendor of school supplies. From November 2011 through January 2015, Buendia knowingly certified and submitted fraudulent invoices to DPS, causing DPS to pay Shy for materials that the school did not receive, or that the school only received a portion of the materials. Invoiced supplies included supplemental teaching materials and raised line paper. In exchange, Shy paid bribes and kickbacks to Buendia in the form of gift cards and cash, using a portion of the payments he received from DPS from the fraudulent invoices. The bribes and kickback Buendia received totaled approximately $46,000.
"Following years of investigation, the FBI’s Detroit Area Public Corruption Task Force was able to expose and end a disturbing culture of corrupt activity involving 13 Detroit Public School Principals to include an Assistant Superintendent, said David P. Gelios, Special Agent in Charge, Detroit Division of the FBI. “These principals, including an Assistant Superintendent, used their positions as educators and leaders to enrich themselves at the expense of their students and the Detroit Public Schools system. Today’s sentencing of Principal Josette Buendia, the last in this investigation, should provide a sense of closure for the parents, students and the honest and dedicated DPS employees and underscores this community’s commitment to integrity in the operation of our schools”.
Manny Muriel, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation stated, “No matter what your position, it is unacceptable to help yourself to other people’s money and violate their trust. If you commit a crime, status as an educator or leader will not protect you from federal prosecution. Today's action demonstrates our collective efforts to enforce the law and ensure public trust.”
This case was investigated by agents of the FBI and IRS-CI. This case is being prosecuted by Assistant United States Attorneys J. Michael Buckley and Frances Carlson.
The FBI Detroit Area Corruption Task Force (DACTF) is led by the FBI Detroit Field Office, and consists of Special Agents and law enforcement officers with the FBI Detroit; the Detroit Police Department; the Michigan State Police; the Michigan Attorney General’s Office; the Internal Revenue Service – Criminal Investigation Division; the U.S. Department of Housing and Urban Development–Office of Inspector General; the U.S. Environmental Protection Agency–Office of Inspector General; the U.S. Department of Transportation–Office of Inspector General; the U.S. Department of Homeland Security–Office of Inspector General; the U.S. Department of Education–Office of Inspector General; and the U.S. Department of Labor–Office of Inspector General, Office of Labor Racketeering and Fraud Investigations
Former Congressional Candidate Pleads Guilty to Making False Statements to Federal AgentsRead the Press Release
SACRAMENTO, Calif. — Karen Mathews Davis, 68, of Lodi, pleaded guilty today to making false statements to federal agents during the course of a criminal investigation into the mailing of threatening letters, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between December 23, 2013, and February 12, 2015, Davis falsely claimed to federal law enforcement agents that she had received two letters in the mail from unknown individuals threatening her with death. At the time she received the letters, she was running for a U.S. Congressional seat. Davis provided information to federal law enforcement agents about three individuals who she suggested could have mailed the two threatening letters. In actuality, Davis wrote both letters, placing the first in her own mailbox and mailing herself the second.
This case is the product of an investigation by the U.S. Department of Treasury Inspector General for Tax Administration and the Federal Bureau of Investigation. Assistant United States Attorney Heiko P. Coppola is prosecuting the case.
Davis is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on September 28, 2017. Davis faces a maximum statutory penalty of five years in prison. 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.