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Thursday 13 April 2017
Austin Man Sentenced to Federal Prison for Mail Fraud and Aggravated Identity TheftRead the Press Release
In Austin this morning, a federal judge sentenced 55-year-old David Akharume Afenkhena to 65 months in prison for stealing mail and personal identification information from hundreds of victims for self enrichment announced United States Attorney Richard Durbin, Jr.; Inspector in Charge Adrian Gonzalez, United States Postal Inspection Service, Houston Division; Special Agent in Charge William “Bill” Cotter, Internal Revenue Service-Criminal Investigation, San Antonio Field Office; and, Special Agent in Charge Shane Folden, Homeland Security Investigations (HSI), San Antonio.
In addition to the prison term, United States District Judge Sam Sparks ordered that Afenkhena pay $50,961.15 restitution and that he be placed on supervised release for a period of three years after completing his prison term.
On January 23, 2017, Afenkhena pleaded guilty to one count of mail fraud and one count of aggravated identity theft. By pleading guilty, Afenkhena admitted that in 2016, he used a United States Postal Service (USPS) “Arrow Key” to gain access to the contents of mail boxes located at various apartment complexes in and around Austin. Afterwards, Afenkhena would change the victims’ mailing address to mailboxes he had access to, and then use the stolen personal identification information to open credit card accounts and bank accounts in victims’ names associated with the new fraudulent addresses. He also admitted to using the stolen personal identification information to file fraudulent income tax returns in order to receive refund checks in the mail. Using the USPS Arrow Key, Afenkhena would intercept, and convert to personal use, fraudulently obtained credit/debit cards and tax refund checks.
“The Postal Inspection Service has sought for hundreds of years those who use the Postal Service for illegal gain. The ability to use the mail in a safe and secure manner is at the core of the Postal Inspection Service’s mission. When criminals use the mail to defraud, Postal Inspectors will not hesitate to ensure they are brought to justice,” stated Inspector in Charge Adrian Gonzalez, United States Postal Inspection Service.
“Identity theft is a contemptible modern-day scourge,” said Special Agent in Charge William J. Cotter, IRS- Criminal Investigation, San Antonio Field Office. “Law enforcement officers respond to it with every legal resource available. Let this sentencing serve as a warning to those who are considering similar conduct.”
“The fraudulent use of identification documents, both real and counterfeit, represents a very real threat to public safety,” said Special Agent in Charge Shane Folden, HSI San Antonio. “Through the combined authorities and expertise of our federal, state and local law enforcement partners, we will continue to aggressively target those participating in or facilitating these crimes.”
The United States Postal Inspection Service, Internal Revenue Service-Criminal Investigation and Homeland Security Investigations conducted this investigation. Assistant United States Attorney Michael Galdo prosecuted this case on behalf of the Government.
Albuquerque Man Sentenced to Prison for Failing to Update his Sex Offender RegistrationRead the Press Release
ALBUQUERQUE – Daniel Roy Nard, 38, of Albuquerque, N.M., was sentenced today in federal court to 15 months in prison followed by five years of supervised release for violating the Sex Offender Registration and Notification Act (SORNA). Nard will be required to register as a sex offender when he completes his prison sentence.
SORNA, also known as the Adam Walsh Protection and Safety Act, requires that a convicted sex offender register in each jurisdiction where the offender resides, where the offender is employed, or where the offender is a student, and that the sex offender maintain current registrations.
Nard was charged by indictment on Dec. 17, 2015, with violating SORNA by failing to update his sex offender registration on Oct. 30, 2015, or thereafter. Nard was required to register as a sex offender and to maintain an updated registration based on a federal child pornography conviction in Montana in 2007. According to the indictment, Nard was required to maintain an updated sex offender registration in Bernalillo County, N.M.
On Jan. 9, 2017, Nard pled guilty to the indictment without the benefit of a plea agreement.
This case was investigated by the U.S. Marshals Service and the Bernalillo County Sheriff’s Office and was prosecuted by Assistant U.S. Attorney Jon K. Stanford.
Alabama Real Estate Investor Sentenced for Bid Rigging and Fraud at Public Foreclosure AuctionsRead the Press Release
An Alabama real estate investor was sentenced on Monday, April 10, 2017, to serve 12 months and a day in prison for his role in a bid-rigging conspiracy and a fraud scheme related to public real estate foreclosure auctions in Mobile, Alabama, the Department of Justice announced.
Oscar Celso Anez pleaded guilty to bid rigging and conspiracy to commit mail fraud in the Southern District of Alabama on June 14, 2016. In addition to a term of imprisonment, Senior U.S. District Court Judge Callie V.S. Granade also ordered Anez to pay $343,561 in restitution.
Between March 2002 and November 2010, Anez conspired with others not to compete for selected foreclosure properties at public auctions in order to obtain the properties at artificially suppressed auction prices. In addition, Anez and his co-conspirators held secret, second auctions for rigged foreclosure properties. The winner of the second auction obtained title to the property and made payoffs to co-conspirators. The money that the conspirators paid to one another would have gone to mortgage holders, homeowners and others with a legal interest in the property.
"The Court’s sentence holds Oscar Anez accountable for his major role in carrying out these schemes and will serve as a strong deterrent to others who are considering violating federal laws that prohibit anticompetitive conduct," said Deputy Assistant Attorney General Brent Snyder of the Justice Department’s Antitrust Division. "To date, fifteen defendants have been prosecuted and more than $1 million in restitution has been ordered by the United States District Court for the Southern District of Alabama."
"Fraud and bid-rigging have no place in this community," said Acting U.S. Attorney Steve Butler of the Southern District of Alabama. "This sentence should serve as a reminder that violations of federal anti-trust laws will be actively investigated and prosecuted in the Southern District of Alabama."
"The FBI remains dedicated to working with our law enforcement partners to eliminate this type of fraud," said Special Agent in Charge Robert F. Lasky of the FBI’s Mobile Field Office.
The sentencing of Anez is a result of an ongoing investigation that is being conducted by the Washington Criminal II Section of the Antitrust Division and the Mobile Field Office of the FBI, with substantial assistance from the U.S. Attorney’s Office for the Southern District of Alabama. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Washington Criminal II Section of the Antitrust Division at 202-598-4000.
Adoption Counselor Convicted of Stealing Personal Information from Former EmployerRead the Press Release
BOSTON - A former employee of Tufts Health Plan was convicted yesterday by a federal jury in Boston of stealing the identifying information of over 3,000 Medicare customers.
Lynrolte Cezaire, 29, of Medford, was convicted following a seven-day jury trial of unlawfully disclosing Social Security numbers and aggravated identity theft. U.S. District Court Judge George A. O’Toole, Jr. scheduled sentencing for July 13, 2017. Cezaire currently works at Adoption Resource Associates.
From 2011 to 2014, Cezaire worked in the Medicare enrollment department at Tufts Health Plan in Watertown. During her employment, Cezaire helped a coworker, Emeline Lubin, photograph Cezaire’s computer screen while it displayed lists of Medicare customers’ names, dates of birth and Social Security numbers. Lubin then gave the information to Sniders Jean-Jacques, a Florida man, who, along with Lubin’s brother, Marvin Lubin, was involved in a scheme to use stolen identities to steal Social Security benefits and to file false tax returns to collect the refunds.
In December 2014, Jean-Jacques was sentenced to two years in prison. In October 2014, Marvin Lubin was sentenced to one year and one day in prison.
The charge of aggravated identity theft provides for a mandatory sentence of two years in prison. The charge of unlawfully disclosing Social Security numbers provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Scott Antolik, Special Agent in Charge of the Office of Inspector General, Social Security Administration, Office of Investigations – Boston Field Division; Phillip Coyne, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of the Inspector General; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation in Boston; and Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service, Boston Field Office, made the announcement. Assistance was also provided by the Suffolk County District Attorney’s Office. Special Assistant U.S. Attorney Timothy Landry and Assistant U.S. Attorney Robert Richardson of Weinreb’s Major Crimes Unit are prosecuting the case.
Additional Charges Filed Against Wilkes-Barre Men in Drug Trafficking Case; New Defendant ChargedRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Edirso De Leon Frias, age 25, of Nanticoke, Pennsylvania, and Nathaniel Murphy, age 41, Roy Seabrook, age 43, and Ruth Reyes-Maldonado, age 32, all of Wilkes-Barre, Pennsylvania, were indicted by a federal grand jury in a superseding indictment on March 28, 2017, on drug trafficking and firearms offenses. On April 10, 2017, the superseding indictment was unsealed following the arrests of the defendants.
The original indictment alleged that De Leon Frias, Murphy, and Seabrook conspired to distribute and possess with intent to distribute heroin.
According to United States Attorney Bruce D. Brandler, the superseding indictment alleges that De Leon Frias, Murphy, Seabrook, and Reyes-Maldonado conspired to distribute and possess with intent to distribute heroin and cocaine. De Leon Frias was responsible for over one kilogram of heroin and over 500 grams of cocaine. Murphy was responsible for over 100 grams of heroin. One kilogram of heroin is the equivalent of approximately 40,000 individual doses. De Leon Frias is further charged with possession of a firearm in furtherance of a drug trafficking crime.
This indictment was the result of a year-long investigation, in part driven by multiple wiretaps, conducted by the U.S. Drug Enforcement Administration, the Wilkes-Barre Police Department, and the Pennsylvania State Police. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the drug trafficking offenses charged, depending on the drug weights charged, is 40 years or life imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty for the firearms offense charged is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Wednesday 12 April 2017
Wisconsin Department of Health Services Agrees to Pay Nearly $7 Million to Resolve Alleged False Claims for SNAP FundsRead the Press Release
The Wisconsin Department of Health Services (WDHS) has agreed to pay the United States $6,991,905 to resolve allegations that it violated the False Claims Act in its administration of the Supplemental Nutrition Assistance Program (SNAP), the Department of Justice announced today. Until 2008, SNAP was known as the Food Stamp Program.
Under SNAP, the U.S. Department of Agriculture (USDA) provides eligible low-income individuals and families with financial assistance to buy nutritious food. Since 2010, SNAP has served on average more than 45 million Americans per month, and provided more than $71 billion annually.
"This settlement reflects the Justice Department’s commitment to ensuring that taxpayer funds are spent appropriately so that the public can have confidence in the integrity of programs like SNAP,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.
Although the federal government funds SNAP benefits, it relies on the states to determine whether applicants are eligible for benefits, to administer those benefits, and to perform quality control to ensure that eligibility decisions are accurate. USDA requires that the states’ quality control processes ensure that benefits are correctly awarded, are free from bias, and accurately report states’ error rates in making eligibility decisions. The USDA reimburses states for a portion of their administrative expenses in administering SNAP, including expenses for providing quality control. The USDA also pays performance bonuses to states that report the lowest and the most improved error rates each year, and can impose monetary sanctions on states with high error rates that do not show improvement.
As part of the settlement, WDHS admitted that, beginning in 2008, it utilized the services of Julie Osnes Consulting, a quality control consultant, to review the error cases identified by WDHS quality control workers. WDHS further admitted that based on instructions from Julie Osnes Consulting it implemented several improper and biased quality control practices, including: (1) finding a basis for dropping error cases from the review by discouraging beneficiaries from cooperating with information requests and pursuing unnecessary information; (2) selectively applying requirements and policies to overturn and reduce errors; (3) asking beneficiaries leading questions to obtain desired answers to eliminate error potential; (4) arbitrating any and all differences with USDA; (5) subjecting error cases to additional scrutiny and quality control casework with the goal of overturning an error or dropping a case; and (6) omitting verifying information in documents made available to USDA. These practices improperly decreased WDHS’s reported error rate, and as a result, WDHS earned performance bonuses for 2009, 2010, and 2011 to which it was not entitled.
This is the second settlement with a state agency for manipulating its SNAP quality control findings. On April 7, the Virginia Department of Social Services agreed to pay over $7 million to resolve its liability associated with the use of Julie Osnes Consulting to improperly reduce its reported error rate.
“While I am deeply troubled that these actions happened within a state agency entrusted with assisting vulnerable and needy Wisconsin residents, I am heartened that WDHS has cleaned up its act and that it cooperated with our investigation,” said Acting U.S. Attorney Jeffrey M. Anderson for the Western District of Wisconsin. “Together with our partners in the Civil Division and the USDA, we will continue to investigate and hold accountable entities, including government entities, which misuse and wrongfully obtain SNAP funding.”
“We appreciate the commitment and investigative assistance provided by our partners at the Department of Justice’s Civil Division and the U.S. Attorney’s Office throughout this multi-state investigation,” said Special Agent-in-Charge Bethanne M. Dinkins of the USDA Office of Inspector General (OIG). “We also wish to note the technical assistance provided by our colleagues in the Office of Audit at OIG. During the investigation, conducted by OIG’s Northeast Regional Office, we worked together to address the concerns of employees of multiple states and others who alleged that the integrity of the SNAP quality control process was weakened by third-party consultants. These concerned individuals reported that cases were not being treated in a consistent manner, and that certain advice from consultants resulted in identified errors being diminished rather than used to improve eligibility determinations. The settlements reached to date send a strong message regarding the Government’s commitment to work across agency lines to protect the integrity of SNAP.”
The settlement was the result of a joint investigation conducted by the USDA Office of Inspector General, the Civil Division’s Commercial Litigation Branch, and the U.S. Attorney’s Offices for the Western District of Wisconsin that arose out of a nationwide audit of SNAP QC processes by the USDA-OIG.
Warrick County Man sentenced in federal court for his role in fencing stolen propertyRead the Press Release
Enabled theft ring of high-end purses, vacuum cleaners, electronics, gift cards and power tools
PRESS RELEASE
Evansville – United States Attorney Josh Minkler today announced the sentencing of a Warrick County man for his role in a large-scale theft conspiracy. Michael J. Rupert, 42, Newburgh, Indiana, was sentenced to 30 months in prison by U.S. District Judge Richard L. Young for conspiracy to commit interstate transport of stolen property and two counts of interstate transportation of stolen property.
“Michael Rupert is a thief who used drug addicts to do his dirty work for him,” said Minkler. “Rupert not only stole from Evansville businesses, he used the proceeds from those thefts to help fuel the demand for drugs in this community.”
Rupert managed and operated a Newburgh, Indiana, company called Deal Makers, which bought and sold valuable goods. From July 2013, until June 2014, he was part of a conspiracy that would steal high-end items from stores in the Evansville-area then sell them on eBay.
On several occasions, members of the conspiracy would go to department stores such as Macy’s, Dillards, and Steinmart and steal high-end purses and wallets. They would then sell the stolen items to Rupert who would sell the items on eBay to various buyers around the country. On other occasions, Rupert would buy stolen items taken from local home improvement stores and sell them in the same fashion. Items stolen in those incidents included power tools, hand tools and battery chargers.
In other scenarios, co-conspirators would buy electronic items such as televisions and headphones as well as vacuum cleaners purchased with stolen credit cards. The thieves would return the items to the store with a receipt and obtain a gift card. Rupert would buy the gift card from the co-conspirators at approximately half the face value and again use his eBay account to sell the items sending them by U.S. Mail or other commercial carriers.
In open court, Rupert admitted to Judge Young that his criminal activity helped many Evansville-area residents support their drug habit by paying them for stolen goods and enabled others to commit criminal acts.
One of his co-conspirators, Kyle N. Hudson, was found guilty in federal court in February 2016. The other conspirators were prosecuted by the Vanderburgh County Prosecutor’s Office.
The case was the result of a joint state and federal investigation by the Federal Bureau of Investigation, the Evansville Police Department and the Vanderburgh County Prosecuting Attorney.
According to Assistant U.S. Attorney Todd S. Shellenbarger, who prosecuted the case for the government, Judge Young also imposed 2 years of supervised release following Rupert’s release from prison. Rupert must also pay restitution in the total amount of $136,246 and forfeit funds seized in a bank account and a PayPal account Rupert controlled.
Warlock Motorcycle Gang Member Sentenced to 11 Years in PrisonRead the Press Release
Philadelphia – Andrew Carr, 60, of Upper Darby, PA, was sentenced today by United States District Court Judge Eduardo C. Robreno to 132 months in prison for conspiracy to distribute 50 grams or more of methamphetamine. He worked as the “muscle” for a methamphetamine trafficking business, intimidating and threatening violence to collect drug debts. Carr was a member of the Chester (city) Chapter of the Warlocks outlaw motorcycle gang and wore his Warlocks jacket while collecting for the business, which sold approximately $40,000 of methamphetamine monthly in Philadelphia and Delaware County. Carr also sold methamphetamine to his own customers.
Carr was the director of the Upper Darby Township Recreational Gym for over 12 years until he was terminated in 2013. While the director, he was responsible for the Police Athletic League (PAL) programs at the gym. He was convicted following a jury trial in May 2016.
As a result of the investigation, eight members or associates of the drug trafficking business have been convicted, and six of them have been sentenced.
The case was investigated by the Federal Bureau of Investigations with assistance from detectives of the Delaware County Criminal Investigative Division and was prosecuted by Assistant United States Attorney Maria M. Carrillo.
Virginia Couple Indicted for Tax Crimes and Structuring More Than $400,000Read the Press Release
A grand jury in the Western District of Virginia indicted a Concord, Virginia couple for filing false federal tax returns and conspiring to structure currency transactions, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Rick A. Mountcastle for the Western District of Virginia. The husband, Barry Edwards was also charged with tax evasion and corruptly endeavoring to impede the internal revenue laws.
The indictment, which was unsealed today following arrest and arraignment, alleges that Barry Edwards, 53, and his wife, Joanne Edwards, 49, created two purported religious missions in 2006, which they used as nominees to receive income Barry Edwards earned selling nutritional supplements. indictment further alleges that Barry and Joanne Edwards deposited this income into bank accounts they held in the nominee names. It is alleged that the couple withdrew more than $400,000 in cash from the nominee accounts, in increments less than $10,000, to evade bank-reporting requirements. y allegedly then deposited the funds into their personal bank accounts to pay personal expenses including car payments and their children’s tuition. Barry Edwards also allegedly used the funds to purchase a five-acre farm in Concord, Virginia. According to the indictment, they did not report this income on their 2013 or 2014 tax returns.
The indictment further alleges that Barry Edwards corruptly endeavored to impede the internal revenue laws by establishing nominee entities, directing that his income be paid to them and filing false tax returns for 2013 through 2015 that omitted this income.
An indictment merely alleges that crimes have been committed and the defendants are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Barry and Joanne Edwards each face a maximum statutory sentence of five years in prison for the conspiracy charge, and a maximum statutory sentence of three years in prison for each count of filing a false tax return. Barry Edwards also faces a maximum statutory sentence of five years in prison for each tax evasion count and a maximum statutory sentence of three years in prison for corruptly endeavoring to impede the internal revenue laws. They also face a term of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Mountcastle thanked special agents of Internal Revenue Service-Criminal Investigation, who conducted the investigation, and Trial Attorney Sean Beaty of the Tax Division and Special Assistant U.S. Attorney Kari Munro, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Utica Man Pleads Guilty to Possessing Firearm as a Convicted FelonRead the Press Release
SYRACUSE, NEW YORK – Norman Hamlin, 47, of Utica, New York, pled guilty today to being a felon in possession of a firearm, announced United States Attorney Richard S. Hartunian and Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
As part of his plea, Hamlin admitted that on February 6, 2016, he possessed and sold a Beretta .22 caliber pistol, manufactured in Maryland, and previously reported stolen from a residence in Vienna, New York. Hamlin was prohibited from possessing the pistol because he has sustained prior felony convictions.
At sentencing on August 10, 2017, Hamlin faces up to 10 years in prison, a $100 special assessment, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the United States Sentencing Guidelines and other factors.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown.
U.S. Customs and Border Protection Officer Indicted in Conspiracy to Import More Than 100 Pounds of Cocaine into the United StatesRead the Press Release
Fernando Marte was arraigned this morning before United States Magistrate Judge Cheryl L. Pollak at the federal courthouse in Brooklyn. Marte has been charged in a two-count indictment with conspiring to import, and with importing, more than five kilograms of cocaine from the Dominican Republic.
The charges were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York; Angel M. Melendez, Special Agent-in-Charge, U.S. Immigration and Customs Enforcement, Homeland Security Investigations, New York; Leon Hayward, Acting Director, U.S. Customs and Border Protection, Field Operations New York; and Gregory Null, Special Agent-in-Charge, U.S. Department of Homeland Security, Office of the Inspector General.
As alleged in the indictment and in a previously filed complaint, beginning in January 2016, Marte, an employee of the United States Customs and Border Protection (CBP) who worked at John F. Kennedy International Airport (JFK), conspired to import cocaine into the United States from the Dominican Republic. On February 7, 2017, while on duty for CBP, Marte approached two individuals who had arrived together at JFK on a flight from the Dominican Republic. Marte escorted the individuals to the baggage claim area where they loaded two suitcases onto a baggage cart. Marte then escorted one of the individuals and the baggage cart through the secondary inspection point in the terminal.
Upon searching the suitcases, CBP officers recovered 45 brick-shaped packages containing approximately 45 kilograms of cocaine. Further investigation has revealed that Marte previously escorted at least one other drug smuggler from the Dominican Republic through the inspection area at JFK Airport.
“Law enforcement officers who use their official positions to commit crimes pose a particularly grave threat to our communities by not only facilitating crime but by undermining respect for law enforcement,” stated Acting United States Attorney Rohde. “The charges announced today send a message to those who would so betray the public.” Ms. Rohde extended her appreciation to CBP’s Office of Professional Responsibility for its work on the investigation.
“As a public servant entrusted with border security and keeping dangerous drugs out of our country, Officer Marte instead allegedly sought to serve himself and stained the badge he wore by doing so, by allowing cocaine to flow through JFK airport and into our city. For corrupt officers who think they can hide behind their badge as they engage in transnational criminal activity, today’s indictment shows you will be caught and brought to justice,” stated Special Agent-in-Charge Melendez.
“U.S. Customs and Border Protection stresses honor and integrity in every aspect of our mission. If you have integrity, you will not taint the image or disgrace the hard work of the men and women who wear the CBP uniform. There is no place in our ranks for individuals who violate our laws and break the trust of the American people. I thank our law enforcement partners for their assistance in helping to preserve the core values of our agency - vigilance, service and integrity,” stated Acting Director Hayward.
“Mr. Marte’s arraignment is a step in the right direction to maintain the public’s trust. This investigation was a concerted effort among law enforcement partners that worked tirelessly to hold Mr. Marte accountable,” stated Special Agent-in-Charge Null.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, the defendant faces a mandatory minimum of 10 years’ imprisonment and up to life imprisonment.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys David K. Kessler, G. Karthik Srinivasan, and Elizabeth Macchiaverna are in charge of the prosecution.
The Defendant:
FERNANDO MARTE
Age: 28
Farmingdale, New York
E.D.N.Y. Docket No. 17-CR-191 (ERK)
Two Suburban Chicago Men Charged with Conspiring to Provide Material Support to the Islamic StateRead the Press Release
CHICAGO — Two men from a north suburb of Chicago were arrested today on a federal complaint charging them with conspiring to provide material support to the Islamic State.
JOSEPH D. JONES, also known as “Yusuf Abdulhaqq,” 35, of Zion, and EDWARD SCHIMENTI, also known as “Abdul Wali,” 35, of Zion, are charged with conspiring to knowingly provide and attempt to provide material support and resources to the Islamic State of Iraq and al-Sham (ISIS). Jones and Schimenti were arrested this morning. They are scheduled to make an initial appearance today at 3:00 p.m. before U.S. Magistrate Judge M. David Weisman in Chicago.
Also today, authorities executed a search warrant at Jones’ residence in Zion.
The complaint and arrests were announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; Mary B. McCord, Acting Assistant Attorney General for National Security; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The case was investigated by the Chicago Joint Terrorism Task Force, which is comprised of FBI personnel and representatives from numerous federal, state and local law enforcement agencies. The Zion Police Department provided valuable assistance.
According to a complaint and affidavit filed in U.S. District Court in Chicago, Jones and Schimenti pledged their allegiance to ISIS and advocated on social media for violent extremism in support of the terrorist group. In the fall of 2015 the pair befriended three individuals whom Jones and Schimenti believed were fellow ISIS devotees. Unbeknownst to Jones and Schimenti, two of the individuals were undercover FBI employees and the third individual was cooperating with law enforcement and was not an ISIS supporter, the complaint states.
Over the next several months Jones and Schimenti met the undercover FBI employees and the cooperating source on numerous occasions, during which Jones and Schimenti discussed their devotion to ISIS and their commitment to Islamic State principles, the complaint states. Some of the meetings took place in Waukegan, Zion, Bridgeview, North Chicago, Highland Park and Chicago.
At one point, Jones and Schimenti shared photographs of themselves holding the Islamic State flag at the Illinois Beach State Park in Zion, according to the complaint. In a recorded conversation with the cooperating source, Schimenti commented that Schimenti would like to see the ISIS flag “on top of the White House,” the complaint states.
Earlier this year Schimenti engaged in physical training exercises with the cooperating source at a gym in Zion, the complaint states. Schimenti believed the cooperating source intended to travel overseas to fight for ISIS, and Schimenti commented that the exercises would “make you good, you know, in the battlefield,” according to the complaint.
Last month the pair furnished several cellular phones to the cooperating source, believing they would be used to detonate explosive devices in ISIS attacks, the complaint states. On April 7, 2017, Jones and Schimenti drove the cooperating source to O’Hare International Airport in Chicago with the understanding that the source would be traveling to Syria to fight with ISIS, the complaint states. Schimenti told the source to “drench that land with they, they blood,” according to the complaint.
The public is reminded that a complaint is not evidence of guilt. The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The charge in the complaint is punishable by up to 20 years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant U.S. Attorneys Barry Jonas and Rajnath Laud of the Northern District of Illinois, and Trial Attorney Lolita Lukose of the National Security Division’s Counterterrorism Section.
Two Remaining Defendants Sentenced in a Drug Conspiracy CaseRead the Press Release
St. Louis, MO – Two remaining defendants have been sentenced in a drug conspiracy ring on Tuesday in front of United States District Judge Catherine Perry. Gary James Evans, Jr., St. Louis, was sentenced to 102 months in prison and Lamont Kenneth Allen, St. Louis, to 24 months in prison on drug conspiracy charges.
The following defendants were sentenced earlier this year: Timothy Harris, Ferguson, MO – 240 months; Stephen Griffin, Sr., Ferguson, MO - 114 months; Earl Capri West, Cahokia, IL – 37 months; Shawn Duane Hall, St. Louis, MO – 151 months; Jimmie Lee Williams, St. Louis, MO – 106 months; and Stephen Griffin, Jr., St. Louis, MO – 60 months.
According to court documents, the conspiracy spanned more than two years and involved the distribution of more than a kilogram of heroin, the possession of numerous firearms and the generation of significant proceeds. During court-authorized wiretaps, investigators learned that members of the organization suspected that some of their customers were undercover agents. As a result, members of the conspiracy requested that an associate with access to law enforcement databases run the license plate number of the customers’ vehicle to discern whether it was registered to law enforcement. Additionally, agents intercepted calls indicating that members of the conspiracy planned to kill one of their customers over a drug debt. Agents were successfully able to intervene and arrest those involved before they were able to carry out the plot.
The Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Kirkwood, Missouri Police Department investigated the case jointly as part of an initiative to combat opioid abuse. Assistant United States Attorney Tiffany Becker handled the case for the U.S. Attorney’s Office.
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Two Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that two previously deported aliens were indicted separately by a federal grand jury on illegal re-entry charges.
According to United States Attorney Bruce D. Brandler, Juan Carlos Quintanilla-Pineda, age 31, of Mexico, was previously deported from the United States to Mexico in March 2007 and November 2012. He is alleged to have illegally re-entered the United States sometime after November 2012, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers. In October 2012, he was convicted in the Middle District of Pennsylvania of illegal re-entry, an offense which subjects him to enhanced penalties in the current case.
Because of Quintanilla-Pineda’s previous conviction, under federal law he faces a maximum penalty of ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
Rolando Mendez-Velasquez, age 26, of Mexico, was previously deported from the United States to Mexico on June 2008 and February 2009. He is alleged to have illegally re-entered the United States sometime after February 2009, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Under federal law, Mendez-Velasquez faces a maximum penalty of two years of imprisonment, a term of supervised release following imprisonment, and a fine.
The cases were investigated by U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Pittsburgh Felons Indicted for Illegally Possessing Guns and AmmoRead the Press Release
PITTSBURGH - Two residents of Pittsburgh, Pennsylvania, have been indicted by a federal grand jury in Pittsburgh on charges of violating federal firearms laws, Acting United States Attorney Soo C. Song announced today.
The two-count indictment named Julian Patton, age 26, of Pittsburgh, PA, and Marcus Smith, age 22, of Pittsburgh, PA.
According to the Indictment, on or about February 2, 2017, Patton, an individual with a prior felony conviction for burglary, did knowingly and unlawfully possess a Smith & Wesson, M&P Shield 9mm firearm and ammunition, and Smith, an individual with several prior felony convictions for assault, trespass, and firearms crimes, did knowingly and unlawfully possess a Glock 9mm pistol and ammunition. Federal law prohibits anyone who has been convicted of a crime punishable by a term of imprisonment exceeding one year from possessing a firearm or ammunition.
For Patton’s offense, the law provides for a maximum total sentence of not more than 10 years in prison, a fine of not more than $250,000, or both. For Smith’s offense, the law provides for a maximum total sentence of not less than 15 years and up to life in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history of the respective defendant.
Assistant United States Attorneys Heidi M. Grogan and Amy L. Johnston are prosecuting this case on behalf of the government.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the City of Pittsburgh Police Department conducted the investigation leading to the indictment in this case. This case is being prosecuted under Project Safe Neighborhoods, a collaborative effort by federal, state and local law enforcement agencies, prosecutors and communities to prevent, deter and prosecute gun crime.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two Men Charged with $900,000 Interstate Theft SchemeRead the Press Release
NEWARK, N.J. - Two New Jersey men were arrested today for their roles in a scheme to fraudulently obtain more than $900,000 in commercial and residential merchandise from various companies, Acting U.S. Attorney William E. Fitzpatrick announced.
Roy Depack, a/k/a “Ray Depack,” a/k/a “Roy Soriano,” a/k/a “John Soriano,” 42, of Elizabeth, New Jersey, and Louis J. Pobutkiewicz Sr., 39, of Newark, are charged by complaint with conspiracy to commit mail and wire fraud.
Both defendants were arrested this morning by FBI special agents and postal inspectors from the U.S. Postal Inspection Service. They appeared this afternoon before U.S. Magistrate Judge Joseph A. Dickson in Newark federal court.
According to the complaint:Beginning in mid-2014, Depack allegedly engaged in a scheme to fraudulently obtain merchandise – including Apple computers, iPads, digital scales, a walk-in freezer, a dishwasher, microwaves, gas ranges, refrigerators, ice makers, commercial grade food processors, coin operated commercial washers and dryers, Samsung televisions, Dewalt and Milwaukie tools kits, plasma cutters, and NFL jackets – from at least six different victim companies.
In furtherance of the scheme, Depack called the victim companies and falsely claimed to be a representative of companies that had preexisting business relationships, lines of credit, or accounts with the victim companies. Depack would then direct the victim companies to ship the products to various addresses in Newark, Elizabeth, Union, New Jersey, and New York, while the victims billed the companies that Depack was pretending to represent.
At times, Pobutkiewicz would accept the shipments of the fraudulently ordered merchandise. Afterwards, Depack and others sold and attempted to the sell the fraudulently obtained merchandise to pawn stores and others.
For example, on Nov. 21, 2016, Depack called a victim company in Illinois while fraudulently using the name “Greg” and claiming to be a representative of an electric distributor that operates in West Virginia, Kentucky, and Ohio. Depack ordered a power tool kit valued at approximately $1,241.65 and directed the company to deliver the merchandise to an address in Newark that was close to Pobutkiewicz’s residence. The next day, federal agents conducted surveillance near the delivery address in Newark and observed Depack and Pobutkiewicz meet near the delivery address. Afterwards, federal agents observed Pobutkiewicz take possession of the parcel.
Depack used over 100 different telephones numbers to call the victim companies. These phone numbers were often registered in another person’s name. In addition to using different names to place orders, Depack often attempted to use a female voice. The Victim Companies recorded many of these the calls – including the above example – and provided them to federal agents.
When the victim companies rejected his orders, Depack sometimes threatened to cancel business accounts or file lawsuits. In one instance, after a company rejected his order, Depack stated, “I’m gonna come down there with a Louisville Slugger. We’re gonna see what their gonna do now, alright. Thank you.”
In total, Depack and others caused and attempted to cause over $900,000 in financial losses to the victim companies.
The charge of conspiracy to commit mail and wire fraud is punishable by a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. After the initial appearance, Depack was detained. Pobutkiewicz will be detained temporarily pending further proceedings.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy A. Gallagher in Newark, and postal inspectors from the U.S. Postal Inspection Service, under the direction of Inspector in Charge James V. Buthorn, with the investigation.
The charge in the complaint is merely an accusation, and the defendants are considered innocent unless and until proven guilty.
The government is represented by Assistant U.S. Attorney Anthony Moscato of the U.S. Attorney’s Office Criminal Division in Newark.
Defense Counsel:
Depack: Stacy Ann Biancamano Esq., Chatham, New Jersey
Pobutkiewicz: Chester Keller Esq., Assistant Federal Public Defender, Newark
Two Members of Manchester-Based Drug Ring Sentenced to Lengthy Prison TermsRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Samuel Garcia (37) and Jennifer Nunez (26) were given lengthy prison sentences for their roles in a large-scale oxycodone trafficking ring that had operated in Manchester, New Hampshire. Garcia was sentenced today to 188 months (15 years, eight months) in federal prison. On Tuesday, Nunez was sentenced to 132 months (11 years) in federal prison.
Court documents show that the defendants were arrested after a law enforcement investigation that lasted from 2013 to August of 2014. The investigation included the use of cooperating individuals to purchase oxycodone pills, as well as the use of wiretaps and search warrants. Most of the defendants were arrested on August 27, 2014. Law enforcement officers made the arrests as Raul Hernandez attempted to deliver over 600 oxycodone pills to the residence of Samuel Garcia and Jennifer Nunez on Eastern Avenue in Manchester, New Hampshire. A search warrant was executed at that residence and over 800 additional pills, as well as over $30,000 in cash, and three firearms were recovered from that location. Garcia, Jennifer Nunez, Hernandez, and Johanna Nunez were arrested that day. Another defendant, Jose Nunez was arrested in October of 2014, after returning to the United States from the Dominican Republic.
Court documents showed that this group was responsible for the distribution of tens of thousands of oxycodone pills in the Manchester area over the course of several years. As part of the investigation, law enforcement officers also identified and prosecuted a New York-based source of supply, Manuel Tirado. Wiretap conversations revealed that Tirado arranged to supply some of the pills that Garcia and his associates were selling. On one occasion, Jose Nunez was stopped in Massachusetts while transporting $18,900 in cash that was to be used to pay for oxycodone pills that were being supplied by Tirado.
As a result of this investigation, over $59,000 in cash, four firearms, a substantial quantity of ammunition, and a Honda Accord were all forfeited civilly.
All of the individuals who were involved in this conspiracy have pleaded guilty.
Samuel Garcia pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) Possession of a Controlled Substance with Intent to Distribute; (3) Conspiracy to Launder Monetary Instruments; and (4) Possession of a Firearm During a Drug Trafficking Crime. He was sentenced today to serve 188 months in prison, followed by three years of supervised release. He is likely to be deported to the Dominican Republic following his release from prison.
Jennifer Nunez (26) pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) Possession of a Controlled Substance with Intent to Distribute; (3) Distribution of a Controlled Substance; and (4) Possession of a Firearm During a Drug Trafficking Crime. On April 11, 2017, she was sentenced to serve 132 months in federal prison, followed by three years of supervised release.
Jose Nunez (61) pleaded guilty on March 6, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) four counts of Distribution of a Controlled Substance; (3) Conspiracy to Launder Monetary Instruments; and (4) Possession of a Firearm During a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c). On January 31, 2017, he was sentenced to serve eight years in federal prison, followed by three years of supervised release.
Johanna Nunez (30) pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; and (2) four counts of Distribution of a Controlled Substance. On June 23, 2015, she was sentenced to 51 months in prison, followed by three years of supervised release.
Raul Hernandez (29) pleaded guilty on March 17, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance and (2) Possession of a Controlled Substance with Intent to Distribute. On June 23, 2015, he was sentenced to 48 months in prison, followed by three years of supervised release.
An additional defendant, Edward Anthony Hiciano Beltre, is a fugitive.
Tirado (34) pleaded guilty to drug conspiracy and failure to appear charges on August 23, 2016. On January 14, 2017, he was sentenced to serve 15 years in prison, followed by three years of supervised release. He is likely to be deported to the Dominican Republic after he is released from prison.
In addition to these defendants, several additional individuals who obtained oxycodone from this organization and resold it to customers have pleaded guilty to charges related to their roles in the scheme. Ryan Demers, William Alba, Bonnie Labrie, Krystal Mailhot, and Yonajaira Galarza Ramos have all entered guilty pleas in federal court.
Demers was sentenced on September 22, 2015, to 57 months in prison, followed by three years of supervised release. That sentence was affirmed on appeal by the United States Court of Appeals for the First Circuit.
Alba was sentenced on June 17, 2016, to 72 months in prison, followed by three years of supervised release.
Labrie was sentenced on March 11, 2016, to 72 months in prison, followed by three years of supervised release.
Ramos was sentenced on March 16, 2017, to three years of probation after successfully completing the federal court’s LASER (Law Abidiing Sober Employed Responsible) Program.
Mailhot is awaiting sentencing.
"The DEA is committed to investigating and bringing to justice those who illicitly distribute oxycodone,” said DEA Special Agent in Charge Michael J. Ferguson. “Opiate abuse is a major problem in New Hampshire and throughout New England. The diversion of prescription pain killers, in this case oxycodone, contributes to the widespread abuse of opiates, is the gateway to heroin and fentanyl addiction, and is devastating our communities. This investigation demonstrates the strength of collaborative law enforcement efforts in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively pursue any group or individual that traffics these drugs.”
Acting U.S. Attorney Farley said, “Many individuals begin their journey to heroin or fentanyl addiction through oxycodone use. While these pills have a legitimate medical use, the illicit distribution of these potentially addictive drugs has played a significant role in damaging our community. The defendants in this case were responsible for the distribution of tens of thousands of pills, feeding the opioid crisis in New Hampshire. This important prosecution was a product of the cooperation of federal, state, and local law enforcement agencies. I especially want to commend the Manchester Police Department and the DEA for their cooperation in this matter. The U.S. Attorney’s office will continue to work with the law enforcement community to stop the flow of these drugs onto the streets of New Hampshire. This includes working aggressively to identify and prosecute those who distribute these dangerous drugs.”
This investigation was the product of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. This particular investigation involved cooperative efforts of federal and local law enforcement entities, including the Drug Enforcement Administration, the Manchester Police Department, the New Hampshire State Police, the Massachusetts State Police, and the Hillsborough County Attorney’s Office. The case was prosecuted by Acting United States Attorney John J. Farley and Assistant U.S. Attorney Debra M. Walsh.
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Two Illinois Men Charged with Conspiring to Provide Material Support to ISISRead the Press Release
Joseph D. Jones, also known as “Yusuf Abdulhaqq,” 35, and Edward Schimenti, also known as “Abdul Wali,” 35, both of Zion, Illinois, were arrested today on a federal complaint charging them with conspiring and attempting to provide material support and resources to the Islamic State of Iraq and al-Sham (ISIS). Jones and Schimenti were arrested this morning. They are scheduled to make an initial appearance at on April 12 at 3:00 p.m. CDT (4:00 p.m. EDT) before U.S. Magistrate Judge M. David Weisman in Chicago, Illinois. Authorities also executed a search warrant at Jones’ residence in Zion today.
The complaint and arrests were announced by Acting Assistant Attorney General for National Security Mary B. McCord, Acting U.S. Attorney Joel R. Levin for the Northern District of Illinois and Special Agent in Charge Michael J. Anderson of the FBI’s Chicago Office.
According to a complaint and affidavit filed in U.S. District Court in Chicago, Jones and Schimenti, both U.S. citizens, pledged their allegiance to ISIS and advocated on social media for violent extremism in support of the terrorist group. In the fall of 2015, the pair befriended three individuals whom Jones and Schimenti believed were fellow ISIS devotees. Unbeknownst to Jones and Schimenti, two of the individuals were undercover FBI employees and the third individual was cooperating with law enforcement and was not an ISIS supporter.
Over the next several months, as part of the conspiracy, Jones and Schimenti allegedly took steps to assist the cooperating source with plans to travel overseas to join ISIS. The defendants met the undercover FBI employees and the cooperating source on numerous occasions, during which Jones and Schimenti discussed their devotion and commitment to ISIS, according to the complaint. Some of the meetings took place in Waukegan, Zion, Bridgeview, North Chicago, Highland Park and Chicago, in Illinois.
At one point, Jones and Schimenti shared photographs of themselves holding the ISIS flag at the Illinois Beach State Park in north suburban Zion, according to the complaint. In a recorded conversation with the cooperating source, Schimenti commented that Schimenti would like to see the ISIS flag “on top of the White House,” the complaint states.
Earlier this year, Schimenti engaged in physical training exercises with the cooperating source at a gym in Zion, the complaint states. Understanding that the cooperating source intended to travel overseas to fight for ISIS, Schimenti commented that the exercises would “make you good, you know, in the battlefield,” according to the complaint.
According to the complaint, last month, the pair furnished several cellular phones to the cooperating source, believing they would be used to detonate explosive devices in ISIS attacks overseas. On April 7, Jones and Schimenti drove the cooperating source to O’Hare International Airport in Chicago with the understanding that the source would be traveling to Syria to join and fight with ISIS. Schimenti told the source to “drench that land with they, they blood.”
A complaint is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
The charge in the complaint is punishable by up to 20 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors.
The case was investigated by the Chicago Joint Terrorism Task Force, which is comprised of FBI personnel and representatives from numerous federal, state and local law enforcement agencies. The Zion Police Department also provided valuable assistance. The government is represented by Assistant U.S. Attorneys Barry Jonas and Rajnath Laud of the Northern District of Illinois, and Trial Attorney Lolita Lukose of the National Security Division’s Counterterrorism Section.
Two Federal Inmates Indicted on Assault and Weapons ChargesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Omar Loya, age 29, and Guillermo Macedo-Cruz, age 37, inmates at the United States Penitentiary at Canaan (USP Canaan), were indicted on April 11, 2017, by a federal grand jury on assault and weapons charges.
According to United States Attorney Bruce D. Brandler, the indictment alleges that on February 8, 2017, the defendants conspired to assault another inmate at USP Canaan with a dangerous weapon.
The case was investigated by the U.S. Federal Bureau of Investigation. Assistant U.S. Attorney Jenny P. Roberts is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalties under federal law for these offenses are 10 years of imprisonment for assault with a dangerous weapon, five years of imprisonment for conspiracy to assault and five years of imprisonment for possession of a weapon by an inmate. Each sentence can include a term of supervised release and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Two Albuquerque Men Plead Guilty and Two Others Sentenced for Violating Federal Firearms and Drug Trafficking LawsRead the Press Release
ALBUQUERQUE – Two Albuquerque men pled guilty and two others were sentenced today in federal court for violating federal drug trafficking and firearms laws. Simon Shields, 37, pled guilty to a methamphetamine trafficking charge, and Adrian Hammond, 30, pled guilty to being a felon in possession of a firearm. Jovas Brown, 30, was sentenced to 36 months in prison followed by five years of supervised release for his methamphetamine trafficking conviction, and Andrew Kyle, 36, was sentenced to time served followed by three years of supervised release for being a felon in possession of a firearm.
Shields, Hammond, Brown and Kyle were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Shields and his co-defendant Ray Martinez, 45, were charged in an indictment with conspiracy and methamphetamine trafficking offenses. The indictment was subsequently superseded on July 28, 2016, to include David Corral-Valenzuela, 45. The superseding indictment charged Martinez and Shields with conspiracy to distribute methamphetamine and distribution of methamphetamine on June 13, 2016, Shields and Corral-Valenzuela with conspiracy and distribution of methamphetamine on June 21, 2016, and Corral-Valenzuela with being an alien in possession of a firearm and illegal reentry into the United States on July 6, 2016. The superseding indictment included forfeiture provisions requiring the co-defendants to forfeit $6,550 to the United States. During today’s proceedings, Shields pled guilty to Count 2 of the superseding indictment charging him with distribution of methamphetamine and admitted that on June 13, 2016, he aided and abetted his co-defendant by transporting approximately 56.8 grams of methamphetamine, which was later sold to an undercover law enforcement agent. Shields further admitted that he assisted another co-defendant in selling methamphetamine on June 21, 2016. Under the terms of his plea agreement, Shields will be sentenced within the range of 87 to 108 months in prison.
Hammond was charged in a criminal complaint on June 27, 2016, with being a felon in possession of a firearm and ammunition on June 26, 2016, in Bernalillo County. Hammond was subsequently indicted on the same charge on July 12, 2016. According to the indictment, Hammond was prohibited from possessing firearms or ammunition because of his prior felony convictions for theft by taking, obstruction of law enforcement officer, being a felon in possession of a firearm, false imprisonment and aggravated assault with a deadly weapon. During today’s proceedings, Hammond pled guilty to the indictment and admitted that he was prohibited from possessing firearms or ammunition on June 26, 2016, because of his status as a convicted felon. Under the terms of his plea agreement, Hammond will be sentenced within the range of 36 to 40 months in prison.
Brown and his co-defendant Brent Williams, 35, were charged in an indictment with conspiracy and distribution of methamphetamine on May 16, 2016, distribution of crack cocaine on May 26, 2016, and Williams individually with distribution of methamphetamine on May 23, 2016 and June 7, 2016. On Dec. 7, 2016, Brown pled guilty to a felony information and admitted that on May 16, 2016, he distributed approximately 58.8 grams of methamphetamine.
Kyle was charged by indictment on July 28, 2016, with being a felon in possession of a firearm on June 22, 2016, in Bernalillo County, N.M. Kyle was prohibited from possessing firearms or ammunition because of his prior conviction of possession of a controlled substance. Kyle pled guilty to the indictment on Nov. 4, 2016, without the benefit of a plea agreement.
To date, 42 of the 104 defendants have entered guilty pleas and 15 have been sentenced. The remaining defendants have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
These cases were investigated by the Albuquerque office of ATF. Shields is being prosecuted by Assistant U.S. Attorneys Kimberly A. Brawley and Paul Mysliwiec; Hammond is being prosecuted by Assistant U.S. Attorney Presiliano Torrez; Brown was prosecuted by Assistant U.S. Attorneys David M. Walsh and Norman Cairns; and Kyle was prosecuted by Assistant U.S. Attorney Rumaldo R. Armijo.
Three-Time Felon Sentenced to 10 Years in Prison for Taking Officer’s Gun and Beating Him UnconsciousRead the Press Release
BIRMINGHAM – A federal judge on Tuesday sentenced a Birmingham man and three-time convicted felon to 10 years in prison on a gun charged related to the 2015 pistol-whipping of a Birmingham police detective that left the officer unconscious and seriously injured, announced Acting U.S. Attorney Robert O. Posey and Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Steven L. Gerido.
U.S. District Court Judge R. David Proctor sentenced JANARD SHAMAR CUNNINGHAM, 36, on one count of being a convicted felon in possession of a firearm. The gun Cunningham possessed was the detective’s service weapon, which he drew from the officer’s holster during a struggle in August 2015 at Roebuck Shopping Center. Cunningham pleaded guilty to the charge in August 2016. He is in federal custody.
“The president and Attorney General Jeff Sessions have made it clear that prosecuting violent crimes committed against police officers is a top priority of the Department of Justice,” Posey said. “Our office will use all the tools at our disposal to aggressively pursue these cases.”
“Violent attacks on police officers will not be tolerated,” Gerido said. “This officer suffered grave injuries while doing his job protecting the public.”
Cunningham has three previous felony convictions, including breaking and entering a vehicle, first-degree robbery and second-degree assault, according to his federal plea agreement.
Cunningham’s assault on Birmingham Detective Johnny Brooks followed an incident about 11 a.m. Aug. 7, 2015, on Parkway East, where Detective Brooks was driving an unmarked police car. According to Cunningham’s plea, the events unfolded as follows:
Cunningham was driving a maroon GMC sport utility vehicle and came up swiftly behind the detective’s car and began tailgating. He then pulled quickly around Detective Brooks’ car, blew the truck’s horn and sped off at about 60 mph. Detective Brooks flashed his blue lights and called the dispatcher for a marked unit to come to the scene and make a traffic stop.
Before that could happen, Detective Brooks followed the SUV into Roebuck Shopping Center. Witnesses reported Cunningham got out of his truck in front of a clothing store and walked back toward Detective Brooks, who ordered him to get back into his vehicle. Cunningham did not comply and, instead, attacked the officer, taking his service pistol and using it to beat the detective unconscious.
Two Birmingham Police officers on patrol saw the maroon GMC truck speed from the shopping center and tried to stop him, but Cunningham refused to yield. Other Birmingham officers searching for the vehicle soon located it on Shadywood Drive, where Cunningham surrendered. Officers recovered Detective Brooks’ service pistol in Cunningham’s car.
ATF and Birmingham Police Department investigated the case, which Assistant U.S. Attorney William G. Simpson prosecuted.
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Three indicted for illegal reentry into the United StatesRead the Press Release
Three people were indicted this week for illegally re-entering the United States, said Acting U.S. Attorney David A. Sierleja.
Mexican citizen Francisco Raul Yanez-Botello, 42, was last deported on July 31, 2012 but was recently found in Brecksville, according to the indictment.
Mexican citizen Pedro Aceves-Barajas, 26, was last deported on June 21, 2016, but was recently found in North Olmstead, according to the indictment.
Dominican citizen Jorge Luis Ortiz, 41, was deported in 2011 after being convicted of an aggravated felony, but was recently found in Brooklyn, according to the indictment.
The cases are not related.
The Botello case is being prosecuted by Assistant U.S. Attorney Karrie D. Howard following an investigation by Immigration and Customs Enforcement, Department of Homeland Security. Howard is also prosecuting the Barajas case following an investigation by the United States Border Patrol, Department of Homeland Security. Assistant U.S. Attorney Elliot D. Morrison is prosecuting the Ortiz case following an investigation by the United States Immigration and Custom Enforcement, Department of Homeland Security.
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.
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.
Three Defendants Indicted on Sex Trafficking 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 a federal grand jury has returned an indictment charging Feng Yang Chen, 41, LiangLiang Guo, 31, and Cheng Qi Li, 28, all of Flushing, NY, with conspiracy to violate the Mann Act and the Travel Act related to the operation of an interstate prostitution business. Chen was also charged with conspiracy to commit sex trafficking by force, fraud and coercion; and sex trafficking by force, fraud and coercion. Chen faces a mandatory minimum penalty of 15 years in prison and a maximum of life. Guo and Li face a maximum of five years in prison.
Assistant U.S. Attorney Elizabeth R. Moellering, who is handling the case, stated according to the indictment and a previously filed complaint, between March, 2011 and March, 2016, the defendants used the website Backpage.com to promote a multi-state prostitution organization. They posted advertisements on Backpage.com, which led to encounters with prostitutes in multiple states including New York, Connecticut, Illinois, Indiana, Kentucky, Massachusetts, Michigan, North Carolina, Ohio, Pennsylvania, South Carolina, and Texas. Chen and Li operated a call center in Flushing, Queens that scheduled meetings between prostitutes and their clients. Guo drove the victims to various hotels and collected the proceeds from the commercial sex activities. Some of the commercial sex acts took place in Tonawanda, NY and Henrietta, NY.
The indictment states that throughout the conspiracy, the defendants victimized 12 individuals who traveled state to state to engage in prostitution in various hotels. The indictment is seeking the forfeiture of $476,354.74 in proceeds from the illegal prostitution activities; two properties located in Flushing, NY; a 2012 Porsche Cayenne; as well as multiple cellular telephones, computers, and iPads utilized during the prostitution conspiracy.
Acting U.S. Attorney Kennedy stated, “While the sexual exploitation of another is a criminal act that victimizes the person exploited, a criminal enterprise such as this, which provides profits to those who orchestrate such exploitation, is particularly pernicious.”
“The defendant allegedly callously abused and exploited vulnerable women for her own financial gain,” said ICE-HSI Special Agent-in-Charge James C. Spero. “The charges announced today will hopefully lay the foundation to restore the dignity of those victimized by this alleged criminal enterprise.”
The indictment is the result of an investigation by Immigration and Customs Enforcement, Homeland Security Investigations, under the direction of James C. Spero; the Tonawanda Police Department, under the direction of Chief Jerome C. Uschold III; the New York Police Department, under the direction of Chief James P. O’Neill; the South Portland, Maine Police Department, under the direction of Chief Edward Googins; and the Fairview Township Police Department, under the direction of Chief Jason C. Loper.
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.
Three Central Valley Defendants Indicted for Tax FraudRead the Press Release
SACRAMENTO, Calif. — In recent weeks, the U.S. Attorney’s Office, working with IRS Criminal Investigation and the Inspector General for Tax Administration, charged three cases of tax fraud, U.S. Attorney Phillip A. Talbert announced.
“Every person in this country is obligated to abide by our tax laws,” said U.S. Attorney Talbert. “It hurts everyone who follows those rules when people submit fraudulent returns and claim taxpayer money to which they aren’t entitled. This is doubly true when IRS employees use their knowledge of the system to cheat it and enrich themselves. It is vital that everyone meets their responsibilities to pay taxes and that they have confidence in the government agencies that enforce those rules. That is why my office is committed to prosecuting cases like those announced here today.”
“We want everyone who files a tax return to take advantage of the deductions and credits to which they are entitled by law,” said Michael T. Batdorf, Special Agent in Charge, IRS Criminal Investigation. “However, no one is entitled to defraud the United States and the American taxpayers. The charges filed against these defendants should send a clear message that those involved in these types of schemes will be held accountable. IRS Criminal Investigation is the only law enforcement agency charged with enforcing the American tax laws. We are proud to have such a committed partnership with the U.S. Attorney’s Office to uphold our mission.”
Cases involving IRS employees are investigated jointly by the Inspector General for Tax Administration (TIGTA) and IRS Criminal Investigation. Rod Ammari, Special Agent-in-Charge of TIGTA’s San Francisco Field Division stated: “It is very important that the American taxpayers have confidence in the IRS and its functions. When IRS employees use their insider knowledge to file fraudulent tax returns, we are committed to prosecuting these individuals to the fullest extent of the law. IRS employees committing tax fraud cannot be tolerated.”
1:17-cr-090 LJO — On April 6, 2017, Marcela Heredia, 43, of Fresno, was charged with seven counts of wire fraud, aggravated identity theft, and making a false tax return. According to the indictment, Heredia worked as a tax examiner for the IRS in Fresno. Between January 9, 2009, and February 4, 2014, Heredia also worked overnight shifts at the Transitional Living Center (TLC) in Fresno. The TLC was a residential home for young adults, many of whom were former foster children who had reached the age of majority. TLC offered life skills and career training for its residents. While working there, Heredia offered to help the residents prepare their tax returns, and residents turned over their personal information to her. Instead of completing the returns as agreed, Heredia would tell the individuals that they did not make enough money to file a tax return. She then filed tax returns on their behalf without their knowledge and directed the IRS to electronically transfer the refund to her personal account. Heredia did not notify the taxpayer of the refund and did not distribute any of the refund to them. In the tax returns she submitted, she claimed more than $20,000 in tax refunds. In addition to this scheme, Heredia also filed a false tax return for herself for the 2011 tax year. She claimed a dependent for that year that she said was her disabled niece, when in fact the person she listed was not her dependent, was not her niece, and was not disabled.
This case is the product of an investigation by the U.S. Department of the Treasury Inspector General for Tax Administration and IRS Criminal Investigation. Assistant U.S. Attorney Megan A.S. Richards is prosecuting this case.
1:17-cr-083 DAD — Pamela Pringle, 57, of Fresno, was indicted on April 6, 2017, charged with four counts of making an opportunity for a person to defraud the United States and three counts of filing a false tax return. According to the indictment, Pringle worked for the IRS as a lead contact representative responsible for responding to taxpayers’ inquiries and making adjustments to taxpayers’ accounts. Between January 2011 and April 2011, Pringle increased individuals’ tax refunds on four separate tax returns by claiming deductions for expenses that the taxpayer had not incurred. In addition, Pringle claimed unauthorized and excessive business expenses related to her photography activity, in spite of being informed by the IRS that her photography work was a hobby and not a business. As a result of her fraudulent filings, Pringle claimed and received tax deductions and credits to which she was not entitled.
This case is the product of an investigation by the U.S. Department of the Treasury Inspector General for Tax Administration and IRS Criminal Investigation. Assistant U.S. Attorney Vincenza Rabenn is prosecuting the case.
1:17-cr-081 DAD — On March 30, 2017, a grand jury returned an indictment charging Leticia Bedolla, of Porterville, with 16 counts of aiding and assisting in the preparation of a false tax return. According to court documents, Bedolla operated Leticia Tax Service in Porterville. Between April 2008 and April 18, 2011, Bedolla prepared and filed many tax returns with the IRS, knowing that the returns contained false statements. Bedolla would fabricate amounts of deductions, expenses and tax credits without informing her customers. Bedolla submitted the returns to the IRS, causing her customers to claim tax deductions and credits to which they were not entitled and the IRS to either pay out excessive refunds or to not collect the tax due and owing. Her conduct resulted in a tax loss to the IRS of $100,000.
This case is the product of an investigation by the IRS Criminal Investigation. Assistant U.S. Attorney Henry Z. Carbajal III is prosecuting the case.
If convicted, Heredia faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for wire fraud, a mandatory minimum of two years in prison to be served consecutive to any other sentence for aggravated identity theft, and three years in prison and a $250,000 fine for making a false tax return. If convicted, Pringle faces a maximum statutory penalty of three years in prison and a $250,000 fine for filing a fraudulent tax return and five years in prison and a $250,000 fine for making an opportunity for a person to defraud the United States. If convicted, Bedolla faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would 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. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Strip Club Operator Sentenced to Prison for Promoting Prostitution Scheme and Engaging in Tax FraudRead the Press Release
PORTLAND, Ore. – On Wednesday, April 12, 2017, U.S. District Court Judge Michael H. Simon sentenced Lawrence G. Owen, 75, to 30 months in federal prison. The sentence immediately followed Owen’s guilty plea for promoting prostitution at ten Portland-area strip clubs and adult video stores and for conspiring to defraud the Internal Revenue Service (IRS) by concealing $2.6 million in income and evading $728,000 in income taxes owed.
Court documents show that Owen and several family members owned and operated eight strip clubs and two adult video stores. Collectively, these businesses had nineteen private show rooms where customers would pay for private shows with dancers and, with Owen’s knowledge and encouragement, engage in acts of prostitution. From January 2006 through June 2010, dancers engaged in tens of thousands of acts of prostitution at these businesses.
Using a complicated scheme to conceal business revenues and personal income, Owen and his family members cheated the IRS out of $728,000 in income taxes. They established a cash-only policy at area clubs, destroyed daily records of cash receipts, and gave their tax preparer false income numbers. Over a five-year period, Owen and his family concealed $2.6 million in revenue from the IRS by falsifying tax returns or failing to file returns altogether.
"Mr. Owen and his co-conspirators profited from the promotion of prostitution at numerous clubs around Portland. These clubs – and Mr. Owen’s actions – were a blight on the neighborhoods in which they operated," said Billy J. Williams, United States Attorney for the District of Oregon. "Moreover, as a business owner, Mr. Owen had a legal obligation to pay his fair share of taxes. The U.S. Attorney’s Office and the IRS will continue to work together to identify and prosecute business owners and individuals who fail to uphold their legal duty as taxpayers."
In June 2010, IRS agents and local law enforcement executed federal search warrants at the ten area businesses and the conspirators’ homes. Eighty-five boxes of records and $843,000 was seized at the businesses and residences. All seized cash has been forfeited to the United States pursuant to plea agreements with the United States Attorney’s Office. Also pursuant to plea agreements, the net proceeds from a $2.3 million sale of a property in Northeast Portland was placed in trust to pay taxes, penalties, and interest owed to the IRS.
Two of the Owen’s adult stepchildren, Gilbert and Kandace Desmarais, and a manager of several of the strip clubs, Gary Bryant, pleaded guilty to the same charges in May 2015 and March 2016, respectively. All are scheduled to be sentenced in June 2017.
This case was investigated by IRS Criminal Investigations with assistance from the Portland Police Bureau and the Clackamas County Sheriff’s Office, and was prosecuted by Seth D. Uram and Ryan W. Bounds, Assistant United States Attorney’s for the District of Oregon.
Stamford Man Pleads Guilty to Federal Oxycodone Distribution ChargeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that BESIM MURIQI, 31, of Stamford, pleaded guilty yesterday in Hartford federal court to one count of conspiracy to distribute oxycodone.
This matter stems from an investigation headed by the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force and Stamford Police Department, with the assistance of the Fairfield Police Department.
According to court documents and statements made in court, in January 2015, Stamford Police received information that Amonda Mendez, also known as “M-Dot” and “Dot,” was distributing a variety of narcotics in Stamford. Between February and April 2015, the DEA Task Force conducted four controlled purchases of narcotics from Mendez. A subsequent court-authorized wiretap confirmed that Mendez was distributing heroin, cocaine, crack cocaine, marijuana and prescription pills, including Percocet and Xanax. In May 2015, task force agents intercepted several narcotics-related calls between MURIQI and Mendez, and also surveilled them as they traveled together to the Bronx, New York, to purchase narcotics.
Mendez was arrested on May 17, 2016, after the wiretap revealed that she was injured the previous day in a shoot-out with another individual and she might be preparing to retaliate further. MURIQI then left Connecticut.
In September 2016, agents received information that MURIQI was selling oxycodone in the Stamford area. On September 14, 2016, investigators made a controlled purchase of 10 30mg oxycodone pills from MURIQI. On October 26, 2016, investigators conducted a traffic stop of MURIQI’s vehicle in Stamford. A search of the vehicle revealed 558 30mg oxycodone pills, and MURIQI was arrested on state narcotics charges. Two days later, a search of MURIQI’s Stamford apartment revealed approximately 400 Valium tablets, 985 Xanax tablets, 15 grams of cocaine, two digital scales and narcotics packaging materials.
MURIQI is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on July 19, 2017, at which time he faces a maximum term of imprisonment of 20 years. MURIQI is released on a $150,000 bond.
Mendez pleaded guilty to heroin distribution and firearm offenses and, on June 23, 2016, was sentenced to 120 months of imprisonment.
The DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force includes members from the Bridgeport, Stamford, Stratford, Norwalk, Milford and Trumbull Police Departments, and the Connecticut State Police.
This case is being prosecuted Assistant U.S. Attorney Amy C. Brown.
Six Charged with Trafficking Counterfeit SteroidsRead the Press Release
BOSTON – Six individuals were arrested today and charged in federal court in Boston in connection with conspiracy to traffic in counterfeit steroids, including testosterone and trenbolone, which are illegally used for body building.
Tyler Bauman, a/k/a Tyler Baumann, a/k/a “musclehead 320,” 32, of Shrewsbury; Kathryn Green a/k/a Katie Green, a/k/a Katy Green, 28, of Shrewsbury; Philip Goodwin, 36, of Lynn; Robert Medeiros, 31, of Gardner; Brian Petzke, 49, of Saugus; and Melissa Sclafani, 29, of Gloucester, were charged with one count of conspiracy to traffic in counterfeit drugs and one count of conspiracy to distribute controlled substances. The defendants are scheduled to appear in U.S. District Court in Boston at 3:00 p.m.
According to the criminal complaint, the defendants engaged in a scheme to produce and market illegal steroids by purchasing raw materials and supplies, marketing the steroids on social media and selling them to customers across the country via email. It is alleged that the defendants marketed the steroids as being made by “Onyx Pharmaceuticals,” using both the Onyx name and symbols; however, Onyx, a pharmaceutical company owned by Amgen, Inc., a biopharmaceutical company based in California, does not manufacture liquid steroids. The defendants allegedly made the steroids themselves, using raw steroids imported from overseas, including from China. Bauman promoted the steroids through his social media persona, “musclehead 320,” claiming in his public posts that he was merely “sponsored” by “Onyx.” In addition, Bauman, Goodwin and Sclafani opened Wicked Tan, a tanning salon in Beverly, which allegedly served as a front to launder funds and purchase supplies for the conspiracy.
The charge of conspiracy to traffic in counterfeit drugs provides a sentence of no greater than five years in prison, three years of supervised release, a fine of $250,000 or twice the gross gain/loss, whichever is greater. The charge of conspiracy to distribute controlled substances provides a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $500,000 or twice the gross gain or loss, whichever is greater. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Matthew Etre, Special Agent in Charge of Homeland Security Investigations in Boston; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service; and Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration made the announcement today. Assistance was provided by the Drug Enforcement Administration, New England Field Division; Massachusetts State Police; Boston Police Department; Massachusetts Bay Transportation Authority Police Department; Customs and Border Protection; and Lynn, Shrewsbury, Gloucester, Saugus, and Gardner Police Departments. Assistant U.S. Attorneys Amy Harman Burkart and David J. D’Addio of Weinreb’s Cybercrime Unit are prosecuting the case.
The details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Sex Offender Sentenced to a 270-Month Term of Imprisonment for Abusive Sexual Contact with a ChildRead the Press Release
Spokane – Today, Joseph H. Harrington, Acting United States Attorney for the Eastern District of Washington, announced that David Afterbuffalo, age 41, of Wellpinit, Washington, was sentenced to a 270-month term of imprisonment, to be followed by a lifetime of court supervision and continuing sex offender registration, for one count of Abusive Sexual Contact With a Child, in violation of Title 18 United States Code, Sections 2244(a)(5) and 1153.
Afterbuffalo entered plea of guilty on January 10, 2017, and, according to court documents, admitted repeatedly molesting a child under the age of twelve.
At sentencing, Afterbuffalo indicated he did not wish to make a statement. Senior Judge Nielsen told Afterbuffalo, “This conduct is a serious crime and a serious violation of the mores of our society.” Senior Judge Nielsen expressed concern that if the sentence was not significant and if Afterbuffalo did not receive the proper treatment, he could “perpetuate the same violent crime again and in the process do serious damage to some other young person.”
This was not Afterbuffalo’s first sex offense. Afterbuffalo pled guilty in 1999 to Sexual Intercourse Without Consent in violation of Montana Code 45-5-503(1), and was sentenced to a 20-year term of incarceration in Montana. After release, Afterbuffalo was convicted in 2013 in the Eastern District of Washington, of Failing to Register as a Sex Offender, in violation of Title 18, United States Code, Section 2250(a), and sentenced to 366 days confinement to be followed by 5 years of supervised release.
Joseph H. Harrington said, “I commend the Federal Bureau of Investigation, the Spokane Tribal Police, and the U.S. Marshal Service for their efforts in investigating the case and locating Afterbuffalo in South Dakota, where he had fled after committing the offense. The United States Attorney’s Office has been, and remains, committed with law enforcement to protect children throughout the Eastern District of Washington through thorough investigation, aggressive prosecution, and seeking lengthy sentences in violent crimes against children.”
This case was pursued as part of Project Safe Childhood, a nationwide initiative launched in May, 2006 by the United States 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. The Project Safe Childhood Initiative (“PSC”) has five major components:
• Integrated federal, state, and local efforts to investigate and prosecute child exploitation cases, and to identify and rescue children;
• Participation of PSC partners in coordinated national initiatives;
• Increased federal enforcement in child pornography and enticement cases;
• Training of federal, state, and local law enforcement agents; and
• Community awareness and educational programs.
For more information about Project Safe Childhood, please visit www.usdoj.gov/psc.
For information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This investigation was conducted by the Federal Bureau of Investigation, the United States Marshal Service, and the Spokane Tribal Police. The case was prosecuted by Alison L. Gregoire and Matthew F. Duggan, Assistant United States Attorneys for the Eastern District of Washington.
Secret Partner at One World Trade Center Construction Firm Pleads Guilty to Obstruction of Justice and Making A False Tax ReturnRead the Press Release
Earlier today, Vincent Vertuccio, who has maintained a long affiliation with the Bonanno organized crime family of La Cosa Nostra, pleaded guilty at the federal courthouse in Brooklyn, New York, to conspiring to alter records for use in a grand jury investigation and to making and subscribing a false tax return. The plea was entered before United States District Judge Eric N. Vitaliano. Pursuant to Vertuccio’s plea agreement with the government, Vertuccio agreed to pay over $1 million in restitution as part of the sentence imposed by the Court.
The plea was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York; Kathy A. Enstrom, Acting Special Agent-in-Charge, Internal Revenue Service-Criminal Investigation, New York (IRS); Michael C. Mikulka, Special Agent-in-Charge, United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations (DOL-OIG); and Michael Nestor, Inspector General for the Port Authority of New York and New Jersey (Port Authority-OIG). For its investigative work and assistance in the case, Ms. Rohde also extended her grateful appreciation to the Federal Bureau of Investigation, New York Field Office.
According to court filings and facts presented during the plea proceeding, Vertuccio was under investigation by a grand jury in the Eastern District of New York for conspiring to defraud the Port Authority of New York and New Jersey in connection with the One World Trade Center project located in lower Manhattan, as well as related money laundering and tax crimes. As uncovered through the grand jury investigation, Vertuccio had hidden his control of Crimson Construction Corporation (Crimson) during the bidding process for the One World Trade Center project in light of his ties to organized crime and so as to hide taxable income that he received through Crimson. As part of the investigation, the grand jury issued a subpoena in March 2013 to a Manhattan jewelry store for records relating to some of Vertuccio’s unreported income, which he received in the form of high-end jewelry. Vertuccio conspired to alter the invoices and sales receipts issued by the Manhattan jewelry store before the store provided the records to the grand jury, thereby concealing some of his taxable income and his role in Crimson. In addition to the obstruction scheme, Vertuccio also admitted to filing a false tax return for calendar year 2011. The investigation revealed that Vertuccio directed that a substantial amount of money from Crimson’s bank accounts be used to pay for his personal expenses, which Vertuccio failed to report as taxable income on his federal personal income tax returns.
When sentenced by Judge Vitaliano, Vertuccio faces up to 20 years in prison. As part of the plea, Vertuccio agreed to make restitution payments to the Port Authority in the amount of $1,089,771.09 and to the Internal Revenue Service in the amount of $374,057.30. The trial against Vertuccio’s alleged co-conspirator on the obstruction of justice charge, attorney John Servider, is scheduled to begin on June 12, 2017.
The government’s case is being handled jointly by the Office’s Organized Crime & Gangs Section and the Public Integrity Section. Assistant United States Attorneys M. Kristin Mace, Lan Nguyen, Jonathan P. Lax and Tanya Hajjar are in charge of the prosecution.
The Defendant:
VINCENT VERTUCCIO, a/k/a “Vinny”
Age: 61
Maspeth, New York
E.D.N.Y. Docket No. 15-CR-174 (ENV)
San Francisco Resident Sentenced to 10 Years in Prison for Methamphetamine TraffickingRead the Press Release
SAN FRANCISCO – Antoine Aroche, aka Antoine Aroache, was sentenced today to 120 months in prison for possessing with the intent to distribute methamphetamine announced United States Attorney Brian J. Stretch and U.S. Drug Enforcement Administration (DEA) Special Agent in Charge John J. Martin. The sentence follows a guilty plea entered January 25, 2017, in which Aroche admitted he did in fact possess with the intent to distribute the drugs.
According to his plea agreement, Aroche, 33, of San Francisco, acknowledged that on April 24, 2015, he met with a drug courier in a parking lot on Cesar Chavez Avenue in San Francisco. Aroche admitted he drove with the courier to a nearby location on Cesar Chavez Avenue where Aroche had a gray Nissan sedan waiting for him in another parking lot. The courier provided Aroche with about a pound of 96.8% pure methamphetamine hydrochloride, constituting approximately 431 grams of pure methamphetamine. Aroche carried the drugs to the gray sedan where he placed the methamphetamine inside the vehicle and walked away. Law enforcement officers conducted surveillance on the gray sedan until someone drove the car out of the lot and officers from the San Francisco Police Department stopped the car, searched it, and found the drugs under the driver’s seat.
A federal grand jury indicted Aroche on July 2, 2015. He was charged with one count of conspiracy to possess with intent to distribute and to distribute methamphetamine, in violation of 21 U.S.C. §§ 846, and one count of possession with intent to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1). Pursuant to his plea agreement, Aroche pleaded guilty to the possession count and the conspiracy count was dismissed.
The sentence was handed down by the Honorable James Donato, U.S. District
Judge. In addition to the prison term, Judge Donato sentenced Aroche to a 5-year period of supervised release. Aroche has been in custody since entering his guilty plea on January 25, 2017, and will begin serving his sentence immediately.
Assistant U.S. Attorneys Laura Vartain Horn and Christiaan H. Highsmith are prosecuting the case with the assistance of Ana Guerra and Theresa Benitez. The prosecution is the result of an investigation by the DEA and the San Francisco Police Department. This case is the product of an extensive investigation by the Organized Crime Drug Enforcement Task Force, (OCDETF) a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.
Saltwater Disposal Well Operator Pleads Guilty to Multiple Felony Charges in Connection with Operation of WellRead the Press Release
Jason A. Halek, 43, of Southlake, Texas, pleaded guilty in federal court in Bismarck, North Dakota, to three felony charges stemming from the operation of a saltwater disposal well near Dickinson, in Stark County, North Dakota, the Justice Department announced. Halek pleaded guilty to three counts of violating the Safe Drinking Water Act.
The well, named the Halek 5-22, received “produced water” constituting “brine and other wastes” commonly and generically referred to as “saltwater.” “Saltwater” in this context covers a wide array of drilling waste fluids, including hydraulic fracturing fluid, which is water combined with chemical additives such as biocides, polymers and “weak acids.”
According to an agreed upon factual statement filed in court, Halek admitted to injecting saltwater into the well without first having the state of North Dakota witness a test of the well’s integrity, which is necessary to protect drinking water. Halek also admitted injecting fluids down the “annulus” or “backside” of the well in violation of the well’s permit which required that fluids be injected through the tubing. Finally, Halek also admitted to failing to provide written notice to the state of the date of first injection into the well.
Previously, on Sept. 26, 2014, Nathan R. Garber pleaded guilty to various charges related to the operation of the well. Sentencing for Halek and Garber is scheduled for July 31, 2017.
The case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division. Significant cooperation was provided by the State of North Dakota and the North Dakota Industrial Commission (NDIC). The case is being prosecuted by the United States Attorney’s Office for the District of North Dakota and the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
Rockland County Man Indicted in White Plains Federal Court for Narcotics TraffickingRead the Press Release
Joon H. Kim, Acting United States Attorney for the Southern District of New York, and James J. Hunt, Special Agent in Charge, New York Field Division of the Drug Enforcement Administration (“DEA”), today announced that an indictment was returned by a grand jury charging MATTHEW DRAPER, a/k/a “Mata,” a resident of Haverstraw, New York, with allegedly trafficking wholesale amounts of cocaine in and around Rockland County, New York. DRAPER was arrested on a criminal complaint on October 6, 2016, and has been in custody since that date.
According to the allegations contained in the Indictment and the Complaint[1] charging DRAPER:
DRAPER was part of a cocaine distribution conspiracy responsible for transporting wholesale amounts of cocaine from the Dominican Republic to the New York area on commercial airline flights. The conspiracy relied on contacts working in airports both in the Dominican Republic and in the United States to facilitate the deliveries. From in or around September 2016 through October 5, 2016, DRAPER worked with a confidential informant and a supplier in the Dominican Republic to facilitate the transport of approximately 20 kilograms of cocaine from the Dominican Republic to New York. DRAPER intended to have the confidential informant retrieve the cocaine from the airport and provide it to DRAPER at a predetermined location. On October 5, 2016, DEA agents learned from the confidential informant that the 20 kilograms of cocaine DRAPER purchased from the Dominican Republic had been secreted in luggage, and placed on an airplane scheduled to arrive at JFK Airport. DEA agents were able to locate the airplane and the luggage in question. DEA agents recovered approximately 20 kilograms of cocaine that had been wrapped and sealed in a clear vacuum-sealed bag. DRAPER was arrested that same day attempting to obtain the cocaine from the confidential informant at the predetermined location. Upon his arrest, law enforcement recovered approximately $23,000 in cash and what appeared to be an additional kilogram of cocaine from DRAPER’s vehicle. Law enforcement agents also executed a search warrant on DRAPER’s residence. During the search, agents recovered an additional half-kilogram of a substance that appeared to be cocaine.
* * *
DRAPER, 49, of Haverstraw, New York, is charged with one count of conspiracy to distribute narcotics, which carries a maximum sentence of life in prison, and one count of possession of narcotics with intent to distribute, which also carries a maximum sentence of life in prison. The statutory maximum sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the Court.
Mr. Kim praised the outstanding investigative work of the Drug Enforcement Administration. Mr. Kim also thanked the Rockland County Drug Task Force and the Town of Haverstraw Police Department Street Crime Unit for their cooperation and assistance in this investigation.
The prosecution is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Jennifer Burns, Lauren Schorr, and Christopher J. Clore are in charge of the prosecution.
The charges contained in the Indictment and Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the texts of the Indictment and the Complaint, and the descriptions of the Indictment and the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Roane County man sentenced to federal prison for gun chargeRead the Press Release
CHARLESTON, W.Va. – A Roane County man was sentenced today to two years in federal prison for a gun crime, announced United States Attorney Carol Casto. William Leon Rhodes, 50, of Gandeeville, was convicted of being a felon in possession of a firearm by a federal jury in January following a one-and-a-half-day jury trial. Rhodes was also sentenced to an additional eight months in federal prison for a violation of his supervised release. The sentences will be served consecutively.
During the trial, witnesses for the United States testified that on June 17, 2016, Rhodes gave consent to law enforcement to search his residence. Officers discovered a loaded Heritage .22 caliber revolver under the pillow in Rhodes’ bedroom. Officers additionally discovered a box for the gun on the night stand in the bedroom and a box of .22 caliber ammunition in the living room. The evidence showed that in an interview with law enforcement after his arrest, Rhodes admitted that he knew the gun was in his bedroom and he referred to the firearm as “my pistol.”
Rhodes was prohibited from possessing any firearm under federal law because of a 1990 conviction for grand larceny in Jackson County Circuit Court and a 2012 conviction for being a felon in possession of a firearm in the United States District Court for the Southern District of West Virginia. Additionally, Rhodes was on federal supervised release at the time he possessed the Heritage revolver.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, and the Roane County Sheriff’s Office conducted the investigation. Assistant United States Attorneys Meredith George Thomas and R. Gregory McVey are in charge of the prosecution and tried the case before a federal jury. United States District Judge John T. Copenhaver, Jr., presided over the trial and imposed the sentence.
This case was prosecuted 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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Prior Owners of SUlly's Pub, West Des Moines, Sentenced on Tax Fraud ChargesRead the Press Release
DES MOINES, IA - On April 12, 2017, James Perin, age 66, and Mardeen Perin, age 63, heather Jean Reekrof West Des Moines, Iowa, appeared before Chief United States Judge James A. Jarvey and were sentenced to tax fraud charges arising out of their operation of Sully's Pub in 2013, announced Kevin E. VanderSchel. The Perins admitted to failing to report cash earned through the business that was then deposited into personal bank accounts without being reported on either business or personal tax returns.
The conduct involved tax years from 2008 to 2013, and resulted in a tax loss of $108,375. Mardeen Perin was sentenced on her guilty plea to aiding and assisting the preparation of a false return. James Perin was sentenced on his guilty plea to making and subscribing a false return. Both defendants were sentenced to a three years of probation and required to pay all due and owing taxes, penalties, and interest.
The investigation was conducted by the Internal Revenue Service (IRS) - Criminal Investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
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Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at [email protected].
Prior Felon from Roswell Sentenced to Prison for Violating Federal Narcotics and Firearms LawsRead the Press Release
ALBUQUERQUE – Javier Madrid, 29, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 41 months in prison followed by three years of supervised release for violating the federal narcotics trafficking and firearms laws.
Madrid was arrested in Nov. 2015, on a criminal complaint charging him with possession of methamphetamine, heroin and cocaine with intent to distribute and being a felon in possession of ammunition. According to the complaint, on July 31, 2015, law enforcement agents executed a federal search warrant on Madrid’s residence and vehicle in Roswell where they discovered 17 grams of methamphetamine, 25 grams of heroin, 42 grams of cocaine, $3,960 in cash, and multiple rounds of ammunition.
Madrid was subsequently indicted on Feb. 17, 2016, and charged with possession of methamphetamine, heroin and cocaine with intent to distribute and being a felon in possession of ammunition. According to the indictment, Madrid committed these crimes on July 31, 2015, in Chaves County, N.M. At the time, Madrid was prohibited from possessing firearms or ammunition because he previously had been convicted of a narcotics trafficking crime.
On April 27, 2016, Madrid pled guilty to the indictment. In entering the guilty plea, Madrid admitted that on July 31, 2015, law enforcement agents executed a search warrant at his home and seized methamphetamine, heroin and cocaine, which he intended to distribute to others. Madrid also admitted that the agents seized multiple rounds of ammunition during the search, which he was prohibited from possessing because of his prior felony convictions.
This case was investigated by the Roswell office of the FBI, the New Mexico State Police and the Roswell Police Department. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, Bernalillo County Commissioner Maggie Hart Stebbins, Albuquerque City Councilor Diane Gibson, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Previously Removed Alien Sentenced for Illegal Re-EntryRead the Press Release
ALBANY, NEW YORK - Willy Rodriguez, 32, of Boston, Massachusetts, was sentenced today to a term of “time served,” (7 ½ months) in prison by Senior United States District Court Judge Frederick J. Scullin, announced United States Attorney Richard S. Hartunian and Thomas P. Brophy, Acting Field Office Director, Immigration and Customs Enforcement, Enforcement Removal Operations (ICE/ERO), Buffalo Field Office. In December 2016, Rodriguez pled guilty to a violation of the Immigration and Nationality Act, which prohibits previously removed aliens from entering, attempting to enter, or being found in the United States without prior application and consent of the Department of Homeland Security. Rodriguez will now be eligible for removal proceedings from the United States.
Rodrigueaz was prosecuted after he was encountered by City of Amsterdam Police and ICE officers in Amsterdam, New York on August 23, 2016. ICE determined that Rodriguez was an alien unlawfully present in the United States and arrested him. A check of Rodriguez’s fingerprints by ICE indicated that he had been deported and removed from the United States to the Dominican Republic in 2011. Rodriguez was removed to his native Dominican Republic in 2011 after he was convicted in Providence, Rhode Island of a drug trafficking offense.
The case was investigated by the United States Department of Homeland Security, ICE Enforcement & Removal Operations (ERO), with the assistance of the Amsterdam NY Police Department, and prosecuted by Assistant US Attorney Edward P. Grogan.
Pollock prisoner from Texas sentenced to 77 months in prison for assaulting fellow inmateRead the Press Release
ALEXANDRIA, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a Pollock prisoner was sentenced to 77 months in prison for assaulting another inmate.
John Garza, 34, a prisoner at the U.S. Penitentiary in Pollock, La., who is from Gonzales, Texas, was sentenced by U.S. District Judge Dee D. Drell on one count of assault resulting in serious bodily injury. He was also sentenced to three years of supervised release. According to the January 11, 2017 guilty plea, Garza assaulted a fellow inmate on July 31, 2016 by stabbing him in the neck and back area. Video cameras showed Garza attacking a fellow inmate pushing him to the ground. He then stabbed and tramped on the inmate. The inmate was later brought to a local hospital where he was treated for severe injuries.
The FBI and U.S. Bureau of Prisons investigated the case. Assistant U.S. Attorney Tennille M. Gilreath prosecuted the case.
Pittsburgh Man Charged with Robbing Four Allegheny County BanksRead the Press Release
PITTSBURGH - One resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of armed bank robbery, Acting United States Attorney Soo C. Song announced today.
The four-count indictment, returned on April 11, named Derek Hanner, age 28, of Pittsburgh, Pennsylvania, as the sole defendant.
According to the Indictment presented to the court, Hanner robbed four banks in December 2016 and January 2017, including two Citizens Banks located in Pittsburgh, as well as the Brentwood Bank, located in Bethel Park.
The law provides for a maximum total sentence at each count of 25 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Caitlin A. Loughran is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Pittsburgh Police Department, and the Bethel Park Police Department conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Pair Charged with Intent to Distribute HeroinRead the Press Release
Yan Acosta, 29, of Philadelphia, PA, and Ivan Pouerie, 31, of Philadelphia, PA, were each charged today by Indictment[1] with one count of possessing with intent to distribute one kilogram or more of heroin, and one count of possessing with intent to distribute one kilogram or more of heroin within 1,000 feet of a school, announced Acting United States Attorney Louis D. Lappen.
If convicted the defendants each face a maximum possible sentence of life imprisonment, a ten year mandatory minimum term of imprisonment, a $30,000,000 fine, at least ten years up to a possible lifetime of supervised release, and a $200 special assessment.
The case was investigated by Homeland Security Investigations (“HSI”), and the Pennsylvania Police Department, and is being prosecuted by Assistant United States Attorney Andrew J. Schell.
[1]An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pharmacist Pleads Guilty to Conspiracy to Pay Healthcare KickbacksRead the Press Release
Tampa, FL – Acting United States Attorney W. Stephen Muldrow announces that Carlos Mazariegos (40, St. Petersburg) has pleaded guilty to conspiracy to commit healthcare fraud. He faces a maximum penalty of five years in federal prison.
According to court documents, Mazariegos was a licensed pharmacist who co-owned Lifecare Pharmacy in Pinellas County with his business partner, Benjamin Nundy. In 2014, Mazariegos, Nundy, and Dr. Anthony Baldizzi, a licensed physician, agreed that Lifecare would pay Baldizzi illegal kickbacks for prescriptions of compounded medications written by Baldizzi and filled at Lifecare. In May 2014, Mazariegos, acting on behalf of Lifecare, entered into a marketing agreement with Centurion Compounding Inc., a marketing firm located in Pasco County that employed sales representatives to market compounded medications, specifically creams for pain and scars, to beneficiaries of health care plans, especially TRICARE. These compounded creams typically ranged in price from approximately $900 to $21,000 for a one-month supply.
Between May and November 2014, Centurion directed patients that it had recruited and the physicians within its network to send all of their compounded creams prescriptions to Centurion. Centurion then transmitted these prescriptions to Lifecare to be filled. Mazariegos, Nundy, and the principals of Centurion agreed to pay illegal kickbacks to Baldizzi equal to approximately 10% of the after-cost amount of each claim paid by TRICARE and other health care benefit programs as a result of compounded medications prescriptions written by Baldizzi and filled by Lifecare, for Centurion-recruited patients. For example, in December 2014, Mazariegos wrote a check to a car dealership for $71,900, funded with the proceeds from the operation of Lifecare, to pay for a BMW for Baldizzi in partial satisfaction of the kickbacks owed to him.
Lifecare received approximately $5.3 million from TRICARE for claims made for compounded medications prescribed by Baldizzi resulting from this illegal kickback relationship. Mazariegos and Nundy also billed Medicare $1,064,729 for compounded medications that Lifecare made with bulk powder ingredients when they knew that Medicare only reimbursed for such medications when they were made using crushed tablets.
Nundy is scheduled to plead guilty to engaging in a conspiracy to commit healthcare fraud at a hearing on April 26, 2017.
A grand jury returned an indictment charging Baldizzi with conspiracy, healthcare fraud, receiving health care kickbacks, and engaging in illegal monetary transactions. The case is currently set for trial in May 2017.
This case was investigated by the Federal Bureau of Investigation, the U.S. Department Health and Human Services - Office of Inspector General, the Defense Investigative Service, the U.S. Air Force Office of Special Investigation, and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.
Owners of Two Los Angeles-Area Drug Wholesale Companies Arrested in $20 Million Federal ‘Structuring’ ConspiracyRead the Press Release
LOS ANGELES – The owners of two local drug wholesale companies were among four defendants taken into custody this morning on federal “structuring” charges that allege they made millions of dollars in cash deposits designed to circumvent federal reporting requirements.
Law enforcement authorities this morning arrested Richard Kayseryan, 41, of Burbank, the owner of Burbank-based TriMed Medical Wholesalers, Inc. Kayseryan is the lead defendant in a 20-count indictment returned on April 6 by a federal grand jury that charges four individuals and TriMed in relation to two separate schemes to structure millions of dollars in proceeds through “funnel” bank accounts set up in the names of shell companies.
Two other defendants – Derou Biglari, 31, and Jivani Markarian, 33, who own the Glendale-based drug wholesale business JD Pharmaceutical Wholesaler, Inc. – and the fourth defendant – Rafik Mesropyan, 56 – surrendered this morning. These three co-conspirators, all Glendale residents, are charged with depositing millions of dollars of TriMed checks for Kayseryan, and returning the funds to him in the form of cash.
The four individuals and TriMed are expected to be arraigned on the indictment this afternoon in United States District Court.
As part of the scheme, TriMed collected millions of dollars from business activities and Kayseryan prepared checks that he delivered to his co-defendants. The co-conspirators deposited the checks into the funnel accounts and immediately withdrew the funds in cash in amounts at or under $10,000 per transaction, according to the indictment. These transactions were designed to prevent banks from reporting the cash withdrawals to the federal government, which is required for every cash transaction of more than $10,000.
The indictment also charges Kayseryan with lying to federal agents about the funds during an interview in June 2016. Kayseryan allegedly falsely claimed that “he issued TriMed checks payable to the shell businesses,…for the purpose of making interest-bearing ‘investments’ in the shell businesses” and that he “did not receive ‘one cent’ of the funds from the TriMed checks back.” In fact, the businesses did not exist at all, and Kayseryan received millions of dollars in funds back from the checks in the form of cash.
Finally, the indictment charges Kayseryan with filing false tax returns that fraudulently overstated TriMed’s business expenses.
Investigators believe that Kayseryan wrote checks to the shell companies from 2010 through 2015 totaling more than $20 million and that Kayseryan claimed these checks were to pay business expenses. In fact, most of the shell companies did not actually exist other than on paper.
This indictment marks the third phase of Operation “Psyched Out.” The investigation previously resulted in convictions against 17 defendants connected with the operators of a fraudulent medical clinic, Manor Medical Imaging. A medical doctor employed at the location, Kenneth Johnson, and two owners of a San Marino pharmacy, Phic Lim and Theanna Khou, were convicted in that case. In the second phase, the owner of a Glendale pharmacy, Peter Bagdasarian, was convicted of prescription drug misbranding connected to the scheme.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.
If convicted of the 20 counts in the indictment, Kayseryan would face a statutory maximum of 94 years in prison. Biglari and Markarian, if convicted, would each face 45 years, and Mesropyan could be sentenced to as much as 35 years in prison.
Two other conspirators, identified in the indictment by initials as M.F. and S.G., previously pled guilty to federal structuring charges.
The investigation was conducted by IRS Criminal Investigation, the California Department of Justice Tax Recovery and Criminal Enforcement Task Force, the Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, and the United States Food and Drug Administration’s Office of Criminal Investigations.
The case is being prosecuted by Assistant United States Attorneys Benjamin R. Barron and Christopher Kendall of the Organized Crime Drug Enforcement Task Force.
Owner of Durable Medical Equipment Company Indicted for Health Care Fraud and Related OffensesRead the Press Release
WASHINGTON – Emeka H. Chijioke, 40, formerly of Atlanta, Ga., and Nigeria, has been indicted on charges alleging that he schemed to defraud the District of Columbia’s Medicaid program out of more than $2 million.
The indictment was announced by U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.
The indictment was unsealed on April 7, 2017, and Chijioke pled not guilty at his arraignment last week. A status hearing in the case has been set for April 19 before the Honorable Senior Judge Paul L. Friedman.
Chijioke was arrested in December 2016 in Germany and extradited to the United States last week. The 21-count indictment charges him with one count of health care fraud, nine counts of making false statements related to health care matters, seven counts of wire fraud, three counts of engaging in a monetary transaction with proceeds of specified unlawful activity in an amount greater than $10,000, and one count of first-degree theft. The indictment also includes a forfeiture allegation seeking all proceeds that can be traced to the fraud scheme.
According to the indictment, Chijioke was the majority owner, registered agent, and chief executive officer of Mead Medical Group, LLC, a durable medical equipment company organized in Maryland. Mead Medical provided medical equipment supplies, including incontinence supplies and garments, to District of Columbia Medicaid recipients.
As alleged in the indictment, from 2008 through 2012, Chijioke engaged in a scheme to defraud Medicaid out of more than $2 million and unjustly enriched himself by billing Medicaid for incontinence supplies that were not provided. The indictment alleges that Chijioke used some of the proceeds from his fraudulent scheme to purchase vehicles. According to the indictment, Chijioke instructed his office staff to contact the Medicaid recipients to determine from them the actual amount of incontinence supplies they needed, and to provide them with those supplies. At the same time, the indictment alleges, Chijioke hired a billing company to submit claims to the Medicaid contractor as if the maximum amount of supplies were provided to the recipients rather than the actual amount supplied. By arranging for the maximum amount of incontinence supplies to be billed, rather than the amount actually provided, Chijioke obtained money which he was not entitled to receive from Medicaid.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the charges, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Special Agent in Charge DiGiulio expressed appreciation for the work performed by Special Agents from the FBI and HHS OIG. They also acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Diane Lucas of the Asset Forfeiture and Money Laundering Section; Assistant U.S. Attorney Kondi Kleinman of the Fraud and Public Corruption Section; former Assistant U.S. Attorney Lionel André; Paralegal Specialists Christopher Toms and Jessica Mundi; former Paralegal Specialists Corinne Kleinman and Kaitlyn Kruger, and Litigation Technology Specialist Claudia Gutierrez. Finally, they commended the work of Assistant U.S. Attorney Virginia Cheatham, who investigated the case and obtained the indictment.
North Royalton man indicted for credit card and Social Security fraudRead the Press Release
A federal grand jury indicted a North Royalton man for credit card and Social Security fraud, said David A. Sierleja, Acting United States Attorney for the Northern District of Ohio.
Gregory Kasperski, 32, was indicted on one count of theft of government funds and two counts of using an unauthorized access device.
Kasperski fraudulently received approximately $30,000 in Title II Survivors Insurance benefits from the Social Security Administration to which he was not entitled. Kasperski also fraudulently used two credit cards without authorization to acquire approximately $16,000 in goods and services from various entities, according to the indictment.
The Social Security Administration Office of the Inspector General conducted the investigation. Special Assistant United States Attorney Lisa J. Sanniti is prosecuting the case.
If convicted, the court will determine the defendant’s sentence after a 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. 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.
New Jersey Teenager Sentenced for Making Bomb Threats to Sul Ross State University and the Big Bend Regional Medical Center in AlpineRead the Press Release
In Midland today, Senior United States District Judge Robert A. Junell sentenced a New Jersey teenager to time served followed by five years probation for making bomb threats to Sul Ross State University (SRSU) and the Big Bend Regional Medical Center (BBRMC) in Alpine, as well as threats to a former State Representative last September. United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Douglas E. Lindquist, El Paso Division, made the announcement today.
Nicholas Kyle Martino, age 17 of Sewell, Washington Township, NJ, was released following today’s hearing. He had been in federal custody since his arrest at his residence on December 1, 2016. During today’s hearing, Judge Junell referred the matter of restitution to United States Magistrate Judge David Fannin. A hearing to determine a restitution figure in this case is expected to occur in federal court in Alpine within the next 90 days.
In a hearing on February 15, 2017, Judge Junell granted Martino’s request to be prosecuted as an adult in federal court. Afterwards, Martino appeared before United States Magistrate Judge David Counts and entered guilty pleas to four felony counts of interstate threats to injure persons.
Information provided in court revealed that Martino engaged in “SWATing” schemes. “SWATing” is the term commonly used to describe an act of tricking law enforcement or first responders into dispatching emergency resources based on a hoax threat.
Martino admitted to making two phone calls to the Brewster County Sheriff’s Office on September 8, 2016, and making a hoax bomb threat to SRSU. Approximately two hours later, Martino followed up with a phone call to the BBRMC threatening to kill everyone in the hospital. Those malicious communications occurred on the same day law enforcement and first responders were responding to an active shooter at the Alpine High School wherein one student received a non-life threatening gunshot wound and the shooter committed suicide.
Martino also admitted to communicating threats via Twitter on September 10, 2016, to kill former Texas State Representative Pete Gallego and his family as well as another threat to bomb SRSU.
The Federal Bureau of Investigation in Midland, Philadelphia (PA), Eau Clare (WI), Nashville (TN), and Seattle (WA); Brewster County Sheriff’s Office; Washington Township Police Department (NJ); Menomonie Police Department (WI); Halifax Regional Police (Nova Scotia, Canada); Wake Forest Police Department (NC); Volusia County Sheriff’s Department (FL); Clermont County Sheriff’s Department (OH); and, the Union Township Police Department (OH) investigated this case. Assistant United States Attorney James J. Miller, Jr., and Debra Kanof are prosecuting this case on behalf of the Government.
New Haven Man Pleads Guilty to Illegal Possession of Firearm and AmmunitionRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that TERENCE GARRETT, 46, of New Haven, pleaded guilty today in Hartford federal court to one count of possession of a firearm and ammunition by a previously convicted felon.
According to court documents and statements made in court, law enforcement received information that GARRETT was selling heroin out a Shelton Avenue apartment, and that he was in possession of a firearm. On October 13, 2016, investigators conducted a court-authorized search of the apartment and seized a .25 caliber pistol loaded with five rounds of ammunition. Investigators also seized 12 bags of heroin and a digital scale. GARRETT was arrested at that time.
GARRETT’s criminal history includes 11 felony convictions, including two convictions for possessing a firearm without a permit, and two convictions for carrying a dangerous weapon.
GARRETT is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on July 19, 2017, at which time he faces a maximum term of imprisonment of 10 years. He has been detained since his arrest.
The matter has been investigated by the Federal Bureau of Investigation and New Haven Police Department. The case is being prosecuted by Assistant U.S. Attorneys Anthony Kaplan and Jennifer Laraia.
Mount Pleasant Speech Pathologist Charged in Health Fraud SchemeRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina---- United States Attorney Beth Drake today announced that a Charleston Grand Jury has returned a six-count indictment charging Gena C. Randolph of Mt. Pleasant , South Carolina, with health care fraud, aggravated identity theft, and making false statements relating to health care matters. The indictment alleges that Randolph was barred from submitting Medicaid and Medicare claims in 2012 and 2013, respectively, but that she continued to do so under other provider’s names or companies in which she had a hidden interest. The indictment also alleges that Randolph submitted false claims for services that had not been provided, including for patient beneficiaries who had died. The fraud charge carries a maximum prison term of ten years; the false statement charges carry a maximum 5 years in prison; and the aggravated identity theft a mandatory two years in prison. Each count carries a fine of up to $250,000.
The case was investigated by agents of Health and Human Services – Office of Inspector General (HHS-OIG) and investigators for the Medicaid Fraud Control Unit, Office of the Attorney General, State of South Carolina. Assistant United States Attorney Eric Klumb and Special Assistant United States Attorney Nancy Cote, a Senior Assistant Deputy Attorney General in South Carolina’s Medicaid Fraud Control Unit, are prosecuting the case.
The United States Attorney stated that the charges alleged in the Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Mount Hope man sentenced for federal gun crimeRead the Press Release
BECKLEY, W.Va. – A Mount Hope man was sentenced today to two years of probation for a gun charge, with the first six months to be served on home confinement, announced United States Attorney Carol Casto. David Pagan, 22, previously pleaded guilty to aiding and abetting making a false statement in acquiring a firearm.
Pagan admitted that on September 26, 2015, he persuaded another individual to purchase a Taurus .45 caliber semiautomatic pistol for him from Shooter’s Roost in Beckley. That individual put his own name on the form required by the Bureau of Alcohol, Tobacco, Firearms and Explosives to falsely indicate that he was the actual purchaser.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beckley Police Department conducted the investigation. Assistant United States Attorney John L. File is responsible for the prosecution. United States District Judge Irene C. Berger imposed the sentence.
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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Methuen Man Sentenced to Five Years in Prison for Distributing Heroin and FentanylRead the Press Release
CONCORD, N.H. – John J. Farley, Acting United States Attorney for the District of New Hampshire, announced that Luis Martin Carvajal Gonzalez, also known as Wilfredo Laboy, was sentenced to serve five years in federal prison for distributing fentanyl and heroin, as well as possessing fentanyl with intent to distribute.
Carvajal Gonzalez previously had pleaded guilty to drug trafficking charges. According to court documents, Carvajal Gonazalez, 33, sold heroin and fentanyl to an undercover law enforcement officer on multiple occasions in December of 2015. The transactions occurred at retail stores in Salem, New Hampshire. On February 9, 2016, the defendant (who previously has used the name Wilfredo Laboy) arrived at a store parking lot in Salem to conduct another drug deal. When law enforcement officers approached, he ran away and attempted to throw “fingers” of drugs as he fled. He was apprehended and approximately 156 grams of fentanyl were recovered.
Carvajal Gonzalez, who is originally from the Dominican Republic, was residing in Methuen, Massachusetts at the time of the offenses. He faces likely deportation after he serves his sentence in federal prison.
In announcing the sentence, Acting U.S. Attorney Farley said, “The United States Attorney’s Office remains committed to identifying and prosecuting those who attempt to profit from the sales of deadly drugs. We continue to work with our law enforcement partners each day to stop the flow of fentanyl and heroin into New Hampshire and to reverse the escalating number of drug-related deaths in our state.”
“Opioid abuse is at epidemic levels in the Granite State and those suffering from the disease of fentanyl and heroin addiction need access to treatment and recovery,” said DEA Special Agent in Charge Michael J. Ferguson. “But, those responsible for distributing lethal drugs like fentanyl to the citizens of New Hampshire need to be held accountable for their actions. DEA is committed to aggressively pursue Drug Trafficking Organizations or individuals who are coming from out of state to distribute this poison across New Hampshire in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
This matter was investigated by the Drug Enforcement Administration, with assistance from the New Hampshire State Police, and the Salem, Manchester, and Methuen (Massachusetts) Police Departments. The case was prosecuted by Acting United States Attorney John J. Farley.
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Massillon man indicted for importing fentanyl from ChinaRead the Press Release
A Massillon man was indicted for illegally importing fentanyl from China, said Acting U.S. Attorney David A. Sierleja.
Daniel Stolte, 29, was indicted on one count of possession with the intent to distribute fentanyl and one count of importing fentanyl.
Stolte imported 40 grams or more of fentanyl from China on March 15 and March 22. On March 22, he possessed approximately 100 grams of fentanyl with the intent of distributing the drug, according to the indictment.
“The drugs that are killing our friends, relatives and neighbors are flowing into the United States from other countries,” Sierleja said. “We will continue to work with our law enforcement partners to shut off those pipelines.”
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 records, 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 investigation preceding the indictment was conducted by the U.S. Department of Homeland Security HSI. The case is being prosecuted by Assistant United States Attorney Robert E. Bulford.
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.
League City Woman Sentenced for Receiving Child Pornography via Text and Online MessagingRead the Press Release
GALVESTON, Texas - A 46-year-old woman has been ordered to federal prison following her conviction of receipt of child pornography, announced Acting U.S. Attorney Abe Martinez. Tracey Lynn Bautista pleaded guilty Jan. 26, 2017.
Today, U.S. District Judge George C. Hanks Jr. ordered Bautista to serve 112 months in federal prison. In handing down the sentence, Judge Hanks noted the horrific nature of Bautista’s actions that the photos she sent would be out there forever. He stated it was his job to protect those who cannot help themselves. Bautista was further ordered to serve 10 years of supervised release following completion of her prison term, during which time she will have to comply with numerous requirements designed to restrict her access to children and the Internet. She will also be ordered to register as a sex offender.
Bautista came to the attention of law enforcement after investigators found evidence she was receiving child pornography from an individual who had been arrested for the promotion of child pornography. Investigators found several child pornography images and videos which were sent to Bautista via text messaging and the online messaging application known as Kik Messenger. Bautista acknowledged receipt of these images by responding “nice” and “[w]ow. [g]ood pic.”
Additionally, investigators found text messages in which Bautista discusses a minor relative with this individual. Bautista offered to get pictures of the minor relative for him and later sent a photo of a teenage female relative who is topless with her breasts exposed.
At the hearing today, the court heard testimony that she had communicated with yet another individual about obtaining nude photos of the same minor relative.
Immigration and Customs Enforcement’s Homeland Security Investigations and the Montgomery County Precinct 1 Constable’s Office conducted the investigation.
This case, prosecuted by Assistant U.S. Attorney Kimberly Ann Leo, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."