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Thursday 6 April 2017
Pair Sentenced for Fort Benning Jewelry Store BurglaryRead the Press Release
United States Attorney G. F. “Pete” Peterman, III announces that Antonio Riggins, age 35, of Columbus, GA, and Steven Scott, aged 49, also of Columbus, were sentenced today for their roles in a Balfour Jewelry store burglary that occurred on Fort Benning on November 14, 2015.
Chief U.S. District Court Judge Clay D. Land sentenced Mr. Riggins to 18 months confinement, followed by 3 years supervised release. Mr. Scott was sentenced to 27 months confinement, consecutive to a revoked state of Georgia sentence, followed by 3 years supervised release.
The evidence showed that in November 2015, both Mr. Riggins and Mr. Scott were civilian contract workers on Fort Benning. On or about November 12, 2015, both men went to the Balfour’s Jewelry store, posing as customers, and surveyed the premises. Balfour’s is part of a mini-mall that includes other shops. They determined that there was little or no surveillance equipment inside the store. On November 14, 2015, the two men returned to the store after business hours. Mr. Scott possessed a hammer, which he used to break a glass paned door which led inside the main mall. He then used a pair of wire cutters to pierce a metal roll down door that separated Balfour’s from the mall area. Mr. Scott then entered the store and stole approximately $38,000 worth of rings and other assorted jewelry. His handprint was recovered from the floor adjacent to the point of entry. While Mr. Scott burglarized the store, Mr. Riggins remained outside as a lookout.
For the next six days, both Mr. Riggins and Mr. Scott sold much of the stolen jewelry to local pawn shops. An additional quantity of stolen jewelry was recovered from Mr. Scott’s home. Most of the stolen items were eventually recovered. Both defendants admitted their roles in the burglary.
The case was investigated by the Fort Benning Criminal Investigations Division and the Federal Bureau of Investigation.
Questions concerning this case should be directed to Pamela Lightsey, United States Attorney’s Office, at (478) 621-2603.
Oklahoma City Man Sentenced to 280 Months in Prison for Producing Child PornographyRead the Press Release
Oklahoma City, Oklahoma – MICHAEL LEE SAPP, 43, of City, was sentenced today by Chief United States District Judge Joe Heaton to serve 280 months in federal prison for downloading child pornography and for manufacturing child pornography depicting himself engaged in sex acts with a young girl, announced Mark A. Yancey, United States Attorney for the Western District of Oklahoma.
According to court records and statements made in court, an undercover Edmond Police Department detective downloaded child pornography from Sapp’s computer in February 2016. On June 30, 2016, officers executed a search warrant at Sapp’s apartment, where they seized numerous electronic devices for examination. Forensic analysis discovered tens of thousands of pictures and videos of child pornography depicting prepubescent girls as well as images of children in bondage and animals engaging in sex acts with children. Officers also discovered among Sapp’s child pornography collection images that he had produced himself. These images depicted Sapp engaging in sex acts with a young girl, and, using a computer, he had later annotated them with lewd commentary. Sapp also had in his possession girls’ panties and photographs of girls that were apparently taken surreptitiously at his apartment complex and at a pool.
Sapp was indicted by a federal grand jury on August 17, 2016, and pled guilty on October 18, 2016. After serving the 280-month prison sentence, Sapp will be required to register as a sex offender and be under supervision of the United States Probation Office for the rest of his life.
This case is the result of an investigation by the Edmond Police Department and was prosecuted by Assistant U.S. Attorney Brandon Hale, Project Safe Childhood Coordinator.
Ohio man indicted for chase in which he threw bottles of explosive chemicals at officersRead the Press Release
A Bloomdale man was indicted on multiple charges related to a chase in which he lit and threw bottles of explosive chemicals at law enforcement officers, said David A. Sierleja, Acting U.S. Attorney for the Northern District of Ohio.
William B. Milliron, 45, was charged with assault on federal officers, possession and use of a destructive device during a crime of violence, manufacturing and possessing methamphetamine and being a felon in possession of ammunition.
U.S. Marshals were searching for Milliron near Bowling Green on Feb. 24 because of a probation violation in Florida. They spotted Milliron and attempted to pull over Milliron, who fled. Marshals pursued and officers from the North Baltimore Police Department joined the chase, according to court documents.
Milliron began throwing bottles containing unknown substances at the pursuing cars, and one of the bottles exploded on the front end and windshield of the police vehicle, according to court documents.
The pursuit continued into Fostoria and then Findlay, when Milliron’s vehicle went off the road and crashed. Milliron was arrested and had 13 rounds of live ammunition in his pants pocket, according to court documents.
The substance in the bottles was found to be a combination of chemicals used to manufacture methamphetamine. The chemicals are highly volatile, toxic and combustible. The bottles had paper wicks which were charred from being lit on fire, according to court documents.
Milliron has multiple felony convictions in Florida for crimes including grand theft of firearms, resisting an officer with violence, battery on an officer, manufacture of methamphetamine and other crimes, according to court documents.
If convicted, the defendant’s sentence will be determined by the court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigating agency in this case is the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Federal Bureau of Investigation and the U.S. Marshals Service. The case is being handled by Assistant United States Attorney Thomas P. Weldon
An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Ohio Man Sentenced to 110 Months in Prison in Connection with Cocaine Smuggling ConspiracyRead the Press Release
St. Thomas, USVI – Christopher Butler, 30, of Twinsburg, Ohio, was sentenced today to 110 months in prison, followed by five years of supervised release, for possession of cocaine with intent to distribute, Acting United States Attorney Joycelyn Hewlett announced. District Court Judge Curtis V. Gomez also ordered Butler to pay a $100 special assessment and perform 400 hours of community service.
On January 23, 2017, Butler pleaded guilty to one count of possession with intent to distribute not less than 3.5 and not more than 5 kilograms of cocaine in connection with a 13-member drug smuggling ring operated by Nilda Morton of St. Thomas. Morton utilized airline employees and female drug couriers to smuggle cocaine through the Cyril E. King Airport. Morton, the leader of the organization, was sentenced by Judge Gomez on March 23, 2017 to 97 months in prison. On March 16, 2017, Gomez also sentenced Dellana Magner to five years in prison. Both Morton and Magner were ordered to complete five years of supervised release and perform 400 hours of community service on their cocaine possession convictions.
Still awaiting sentencing on cocaine possession charges are Vanier Murraine, 34, a native of St. Thomas and resident of Detroit; Drue Williams, III, 35, of Twinsburgh, Ohio; Taheeda George, 37, Roniqua Hart, 24, Kinia Blyden, 23, and Jerrisha Rawlins, 22, all of St. Thomas. Also awaiting sentencing are Rasheem Morton, 36, Monique David, 40, and Te’Nae George, 23, all of St. Thomas, who pleaded guilty to money laundering conspiracy. Kanya Tirado, 38, of St. Thomas, who was found guilty by a federal jury of three counts of cocaine conspiracy and possession with intent to distribute cocaine, will be sentenced on June 8, 2017.
This case is the result of a joint investigation by the Federal Bureau of Investigation in Pittsburgh, New York, Cleveland, Detroit, and St. Thomas. It was prosecuted by Assistant United States Attorney Delia L. Smith.
New York Man Gets Three Years in Prison for Cocaine Trafficking ConspiracyRead the Press Release
NEWARK, N.J. – A New York man was sentenced today to 36 months in prison for his role in a conspiracy to traffic approximately two kilograms of cocaine from Puerto Rico to New Jersey, Acting U.S. Attorney William E. Fitzpatrick announced.
Ramis Esteves, 33, previously pleaded guilty before U.S. District Judge Claire C. Cecchi to an information charging him with one count of conspiring to distribute cocaine. Judge Cecchi imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
Esteves was arrested on March 24, 2015 in Bergen County after he accepted delivery of approximately two kilograms of cocaine which had been sent by mail from Puerto Rico. Esteves admitted that he conspired with co-defendant Sasha Melendez, 38, of Bergenfield, New Jersey, to distribute the cocaine.
In addition to the prison term, Judge Cecchi sentenced Esteves to three years of supervised release.
Melendez previously pleaded guilty to conspiracy to distribute cocaine and was sentenced Jan. 5, 2017 to 37 months in prison.
Acting U.S. Attorney Fitzpatrick credited postal inspectors of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James V. Buthorn, and special agents of the DEA, under the direction of Special Agent in Charge Carl J. Kotowski, with the investigation.
The government is represented by Assistant U.S. Attorney Jonathan M. Peck of the U.S. Attorney’s Office Criminal Division in Newark.
Defense Counsel: Paul Brenner, Esq.
New Orleans Man Sentenced to 10 Years in Prison for Interstate Heroin CaseRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that LARRY DUPOR, age 44, of New Orleans, was sentenced today after previously pleading guilty to one count of conspiracy to distribute one kilogram or more of heroin and one count of attempted distribution of 100 grams or more heroin.
U.S. District Judge Jane Triche Milazzo sentenced DUPOR to 120 months imprisonment on the drug conspiracy and 60 months on the attempted distribution charge, to run concurrently. DUPOR was also placed on 5 years of supervised release following his term of imprisonment.
According to court records, during a traffic stop of a Fiat on Interstate-10 East in Calcasieu Parish, law enforcement officers found four packages of heroin weighing approximately one kilogram in total. The driver admitted that DUPOR had paid her $1,000 in cash to transport the heroin from Houston, where DUPOR was residing at the time, to Lejeune HARRIS at a car wash in New Orleans East. During the course of the conspiracy, from August 1, 2014 through May 1, 2015, DUPOR directed the driver to deliver heroin from him in Texas to HARRIS in New Orleans approximately two to three times per month.
After the traffic stop, the driver agreed to assist law enforcement by following through with a delivery of ‘sham’ heroin to HARRIS. While under law enforcement surveillance, the driver received a text from DUPOR directing her to deliver the ‘sham’ packages weighing approximately 750 kilograms in total to HARRIS. The driver was met by HARRIS, who took the packages and handed the driver $2,000 in cash. HARRIS entered the car wash office and was detained by surveillance agents. Agents obtained a search warrant for the car wash office and recovered an additional 479 grams of heroin in a hidden area where HARRIS had stored the three packages of ‘sham’ heroin.
HARRIS pled guilty to conspiracy to distribute one kilogram or more of heroin, possession with the intent to distribute 100 grams or more heroin, and attempted distribution of 100 grams or more of heroin. On March 16, 2017, HARRIS was sentenced to 240 months imprisonment on the drug conspiracy and 120 months each on the possession and attempted possession charges, to run concurrently.
Acting U.S. Attorney Evans praised the work of the Homeland Security Investigations in investigating this matter. Assistant United States Attorneys Michael B. Redmann and Shirin Hakimzadeh were in charge of the prosecution.
New Jersey Man Indicted for Possessing Crack and Heroin with Intent to DistributeRead the Press Release
PLATTSBURGH, NEW YORK – Markell Reyes, age 19, of Jersey City, New Jersey, was indicted yesterday for possessing crack cocaine and heroin with the intent to distribute them.
The announcement was made by United States Attorney Richard S. Hartunian; Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector; and Special Agent in Charge James J. Hunt, New York Division, U.S. Drug Enforcement Administration (DEA).
The charges in the indictment are merely accusations. The defendant is presumed innocent until proven guilty.
According to a complaint filed on March 21, 2017, Reyes got out of a taxi in Ogdensburg, New York, and fled on foot after he encountered a Border Patrol agent who had been questioning the driver of the taxi. He was ultimately detained and a search of his bag, which was left in the taxi, revealed approximately 60 grams of crack, 250 bags of heroin, and a revolver.
On March 21, 2017, Reyes appeared in Plattsburgh, before United States Magistrate Judge Gary L. Favro, and was detained pending a trial before United States District Court Judge David N. Hurd. If convicted on all counts, Reyes faces at least 5 years and up to 40 years in prison; a term of post-imprisonment supervision of at least 4 years and up to life; and a fine of up to $5 million. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by the U.S. Border Patrol and DEA, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Mounds Man Sentenced to 14 Months for Stealing Firearms from Federal DealerRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JEROD LEROY GAMMILL, age 32, of Mounds, Oklahoma, was sentenced to 14 months imprisonment and 3 years of supervised release for STEALING FIREARMS FROM A FEDERAL FIREARMS LICENSED DEALER, in violation of Title 18, United States Code, Sections 924(m) and 2.
The Indictment alleged that on or about May 12, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly steal from Richy’s Gun & Pawn, a federal licensed firearms dealer, firearms.
The charge arose from an investigation by the Checotah Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Dean Burris represented the United States.
Montgomery County Man Indicted Federally for Production of Child PornographyRead the Press Release
Greenbelt, Maryland – A federal grand jury has indicted Kyle Stephen Thompson, age 31, of Burtonsville, Maryland, on 18 counts of production of child pornography. The indictment was returned late on April 5, 2017.
The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Chief J. Thomas Manger of the Montgomery County Police Department; and Montgomery County State’s Attorney John McCarthy.
According to the indictment, from May 9, 2015, to January 28, 2017, Thompson allegedly engaged in sexually explicit conduct with three minors, in order to produce visual depictions documenting the abuse.
Investigators believe that Kyle Thompson may have befriended women who have young girls in order to gain access to those girls. Anyone who may have information regarding inappropriate or criminal activity committed by Thompson, or possible victims of Thompson, is asked to contact the Baltimore FBI at 410-265-8080.
If convicted, Thompson faces a mandatory minimum of 15 years in prison and up to 30 years in prison for each of the 18 counts of production of child pornography. Thompson is currently detained on related state charges. Thompson’s initial appearance in U.S. District Court in Greenbelt has not yet been scheduled.
An indictment is not a finding of guilt. An individual charged by indictment is presumed innocent unless and until proven guilty at some later criminal proceedings.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, Montgomery County Police Department, and Montgomery County State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Kelly O'Connell Hayes and Kristi N. O’Malley, who are prosecuting the federal case.
Michigan Man Sentenced to 235 Months in Prison for Sex Trafficking and Interstate Transportation for ProstitutionRead the Press Release
David Q. Givhan, aka “Premier,” 35, of Kalamazoo, Michigan, was sentenced yesterday to 235 months in prison by U.S. District Court Judge David J. Hale, after being convicted by jury of one count of sex trafficking and three counts of interstate transportation for prostitution.
The sentencing was announced by Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division, U.S. Attorney John E. Kuhn Jr. of the Western District of Kentucky and Special Agent in Charge Amy S. Hess of the FBI’s Louisville Division.
“The defendant sexually exploited young women for his own profit,” said Acting Assistant Attorney General Wheeler. “When they refused he sexually assaulted them and when they fled he found them and brought them back. There is no place for this type of conduct in civilized society. This sentence sends a clear message that the Justice Department will work tirelessly to hold traffickers accountable for their crimes.”
“Forcible sex trafficking is effectively a form of modern day slavery,” said U.S. Attorney Kuhn. “The defendant’s victims were vulnerable women, whom he terrorized by violence, threats and other coercions. Today’s sentence should be a strong message that sex trafficking will be vigorously prosecuted by my office and the Department of Justice.”
“Givhan’s sentence, handed down during Victims’ Rights Week, is reflective of the heinous nature of sex trafficking,” said Special Agent in Charge Hess. “The FBI is committed to aggressively investigating these crimes and removing the victims from an environment of violence and exploitation.”
According to evidence and testimony presented at trial, Givhan prostituted three women for his profit at various times between October 2014 and April 2015 and transported them from Michigan to Kentucky and other states for the purpose of prostitution. He used force, fraud and coercion to compel one of the women to prostitute for him between October 2014 and March 2015. He initially recruited the woman – a single mother of three – using false promises of steady income and a better life. However, once she began earning money, he kept it all. Givhan required her to earn $1,000 a day and beat other women in front of her. Givhan also required her to tattoo his alias, “Premier,” on her neck and threatened to hurt or kill her or her family if she refused to continue prostituting for him. When she objected to his demand that she perform particular acts for customers, he sexually assaulted her. At one point, the woman tried to leave Givhan, but he found her and brought her back. On a trip to Florida, he compelled her to continue prostituting for his profit, even after she sought medical attention for severe pain and bleeding. Shortly thereafter, she managed to escape by enlisting the help of a hotel clerk and her mother.
After deliberating for under five hours, the jury found the defendant guilty on all four counts on Dec. 13, 2016. A fifth count was dismissed during trial.
The investigation was opened when Louisville Metro Police Department officers encountered a woman Givhan had transported from Michigan to Louisville, Kentucky, during a prostitution sting coinciding with the Kentucky Derby.
The case was investigated by the FBI’s Louisville Division and Louisville Metro Police Department. The case was prosecuted by Assistant United States Attorney Amanda E. Gregory of the Western District of Kentucky and Trial Attorney William Nolan of the Civil Rights Division’s Human Trafficking Prosecution Unit.
Miami Almighty Imperial Gangsters Nation Member Sentenced on Racketeering ConspiracyRead the Press Release
A member of the Almighty Imperial Gangsters Nation was sentenced to 300 months in prison today in Southern District of Florida for conspiracy to conduct and participate in the affairs of the gang through a pattern of racketeering activity.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Special Agent in Charge Michael J. Anderson of the FBI’s Chicago Field Division and Special Agent in Charge George L. Piro of the FBI’s Miami Field Division made the announcement.
Miguel Pedraza, aka “Fuzzy,” 35, of Chicago, was sentenced to 300 months in prison for his involvement in the RICO conspiracy before U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida.
According to Pedraza’s plea agreement, the Almighty Imperial Gangsters Nation is a violent street gang that originated in Chicago in the 1980s and expanded to other areas of the country, including Indiana and South Florida. Members and associates of the Almighty Imperial Gangsters Nation are responsible for numerous acts of violence, including murder, attempted murder, aggravated battery, aggravated assault, narcotics distribution and other criminal activities, occurring in Illinois, Indiana and the South Florida area and elsewhere.
According to admissions made in connection with his plea, Pedraza has been a member of the Almighty Imperial Gangsters Nation since 1997 and that for a period of time, he took over the street leadership of the gang’s activities in the Drake and Courtland area of Chicago, Illinois. Pedraza admitted that while in Chicago on Aug. 3, 2002, he shot and killed another individual who Pedraza believed was a rival gang member. Pedraza also admitted that he received stolen guns from other Almighty Imperial Gangsters Nation members, distributed cocaine and heroin to other members, and earned money for other members and regularly financed activities through funds derived from narcotics distribution of controlled substances.
Pedraza is the last of 16 defendants to be sentenced in this case. Co-defendants Victor Emmanuel Lopez, aka “Magic,” Jose Ivan Herrera, “Spyro,” Ramon Madruga, aka “Porky,” Alex Enrique Somarriba, “A-Rock,” Robert Martinez, aka “Trap,” Santiago Salcedo, aka “Chino,” Rogelio Perez, aka “Popeye,” Carlos Mena, aka “Rollo,” Piero Benitez, aka “Bam Bam,” Eddie Camacho, aka “NeNe,” Carlos Gomez, aka “Lokes,” Guillermo Sinisterra, aka “Memo,” Elio Quesada, aka “Whiz,” and Brandon Foeman, aka “Drama.”
The FBI field offices in Miami and Chicago, along with the Miami-Dade Police Department; the City of Miami Police Department; the Chicago Police Department; the Franklin Park, Illinois, Police Department and the East Chicago Police Department investigated the case, with assistance from the U.S. Attorney’s Offices for Southern District of Florida, the Northern District of Indiana and the Northern District of Illinois, the FBI and ATF field offices in Merrillville, Indiana, the State Attorney’s Offices of Miami-Dade and Broward counties in Florida and the State Attorney’s Offices in Cook and DuPage Counties in Illinois, as well as the Florida Department of Corrections and the Broward County Sheriff’s Office.
Trial Attorneys Joseph A. Cooley, Rebecca A. Staton and Nicholas J. Regalia of the Criminal Division’s Organized Crime and Gang Section and the Forfeiture Section of the U.S. Attorney’s Office for the Southern District of Florida prosecuted the case, with the assistance of the U.S. Attorney’s Office for the Northern District of Indiana and the State Attorneys’ Offices for Miami-Dade and Broward counties.
Mexican National Pleads Guilty to Immigration OffenseRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that CARLOS AGATON-VAZQUEZ, age 25, a native of Mexico, pled guilty today to a one-count Indictment for illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to court documents, AGATON-VAZQUEZ was previously removed from the United States on April 4, 2017. He was later found in the Eastern District of Louisiana on January 3, 2017, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
AGATON-VAZQUEZ faces a maximum term of imprisonment of two years, as well as a fine of $250,000. U.S. District Judge Eldon E. Fallon set sentencing for July 6, 2017.
Acting U.S. Attorney Evans praised the work of the United States Immigration and Customs Enforcement Agency in investigating this matter. Assistant U.S. Attorney Jon Maestri is in charge of the prosecution.
Mercedes Man Convicted of Receiving Child Pornography VideosRead the Press Release
McALLEN, Texas – A 21-year old resident of Mercedes has entered a guilty plea to one count of receipt of child pornography, announced Acting U.S. Attorney Abe Martinez.
Gabriel Eduardo Sanchez came to the attention of law enforcement following an out-of-state investigation which began Sep. 17, 2015, into another individual who was arrested for electronically sending images of child pornography over the Internet. Through that investigation, it was determined that this individual had shared child pornography with Sanchez while utilizing the Kik messenger app.
On Sept. 14, 2016, FBI agents executed a federal search warrant at Sanchez’s Mercedes residence, during which time they seized several electronic devices and digital media storage devices. A forensic examination revealed more than 2,000 videos and in excess of 1,000 images of child pornography involving children who were clearly young engaged in sexually explicit conduct. These videos included children under the age of 12 involved in sadistic conduct, bondage and other depictions of violence.
During the plea today, Sanchez admitted he downloaded, received and shared child pornography on Kik Messenger and WhatsApp and saved the images on multiple storage devices.
U.S. District Judge Ricardo Hinojosa accepted the guilty plea and set sentencing for June 14, 2017. At that time, Sanchez faces a minimum of five and up to 20 years in federal prison and a possible $250,000 fine. He will remain in custody pending that hearing.
The FBI conducted the investigation.
This case, prosecuted by Assistant U.S. Attorney Alex Benavides, 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."
Member of Trenton Drug Trafficking Organization Pleads GuiltyRead the Press Release
TRENTON, N.J. – A Trenton, New Jersey, man today admitted his role in a drug trafficking organization that allegedly distributed hundreds of grams of heroin in Trenton and the surrounding area, Acting U.S. Attorney William E. Fitzpatrick announced today.
Elijah Abdullah, a/k/a “Uncle E,” a/k/a “E,” 21, pleaded guilty today before U.S. District Judge Freda L. Wolfson in Trenton federal court to an information charging him with conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin. As part his guilty plea, Abdullah admitted to possessing one or more firearms during the conspiracy.
In December 2016, Abdullah and nine other members of a drug trafficking organization operating in Trenton were charged by criminal complaint with conspiracy to distribute heroin. The complaint referred to the drug trafficking organization as the “Abdullah DTO,” after its leader and Elijah Abdullah’s brother, Ishmael Abdullah. Elijah Abdullah is the third defendant to plead guilty.
According to documents filed in this case and statements made in court:
From June 2015 through December 2016, Elijah Abdullah and others engaged in a drug trafficking organization that operated in the area of Spring and Passaic Streets in Trenton.
Through the authorized interception of telephone calls and text messages, controlled purchases of heroin, the use of confidential sources of information, and other investigative means, law enforcement learned that Ishmael Abdullah was a leader of the Abdullah DTO, and was responsible for obtaining significant quantities of heroin from multiple suppliers, including Jose Joaquin Torres-Mezquita and Ileana Sanchez. Ishmael Abdullah and Keith Hunter coordinated the organization’s distribution of heroin through themselves and other conspirators, including Elijah Abdullah.
Members of the Abdullah DTO used temporary prepaid phones, stash houses and cars, and spoke in code to avoid detection by law enforcement. In connection with the narcotics conspiracy, Elijah Abdullah and other members of the Abdullah DTO maintained joint access to multiple firearms.
The conspiracy charge carries a mandatory minimum term of five years in prison, a maximum potential penalty of 40 years in prison, and a $5 million fine. Sentencing set for July 19, 2017.
Acting U.S. Attorney Fitzpatrick credited agents and officers with the Greater Trenton Safe Streets Task Force, including special agents of the FBI, Newark Division, Trenton Resident Agency, under the direction of Special Agent in Charge Timothy Gallagher; special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Newark Division, Trenton Field Office, under the direction of Acting Special Agent in Charge Scott C. Curley; officers of the Trenton Police Department, under the direction of Director Ernest Parrey Jr.; officers of the Princeton Police Department, under the direction of Chief of Police Nicholas Sutter; officers of the Ewing Police Department, under the direction of Chief of Police John P. Stemler III; and detectives of the Mercer County Prosecutor’s Office, under the direction of Mercer County Prosecutor Angelo J. Onofri, with the investigation.
He also thanked special agents of the FBI’s Philadelphia Field Office, under the direction of Special Agent in Charge Michael Harpster; special agents of Homeland Security Investigations, under the direction of Acting Special Agent in Charge Brian A. Michael; officers of the New Jersey State Police, under the direction of Superintendent Col. Joseph R. Fuentes; and officers of the Mercer County Sheriff’s Office, under the direction of Sheriff John A. Kemler, for their assistance in the case.
The government is represented by Assistant U.S. Attorney J. Brendan Day of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations against the remaining defendants are merely accusations, and those defendants are presumed innocent unless and until proven guilty.
Defense counsel: Michael A. Armstrong, Willingboro, New Jersey
Mattapan Man Indicted on Cocaine Distribution and Conspiracy ChargesRead the Press Release
BOSTON – A Mattapan man was indicted today in U.S. District Court in Boston in connection with distributing cocaine and conspiring with others to distribute cocaine.
Francisco Torres, 37, was indicted today on two counts of distributing cocaine and one count of conspiring with others to distribute cocaine. On Feb. 16, 2017, Torres was arrested in the South End neighborhood of Boston following a sting operation where he was caught allegedly exchanging 850 grams of cocaine for a paper bag containing more than $33,000 in cash. Immediately after the exchange, officers approached Torres, who subsequently threw the bag of cash over a fence. Officers arrested Torres and recovered the money. Torres was initially detained, but released on bond after appearing before U.S. Magistrate Judge M. Page Kelley.
The two charges of cocaine distribution each provide for a minimum of five years and no greater than 40 years in prison, a minimum of four years and up to a lifetime of supervised release and a fine of $5 million. The third charge of conspiracy provides for a maximum of 20 years in prison, a minimum of three years and up to a lifetime of supervised release and a fine of $1 million. 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 New England; Colonel Christopher Wagner, Director of the New Hampshire State Police; and Boston Police Commissioner William Evans made the announcement today. Assistant U.S. Attorneys Christine Wichers and John T. McNeil of Weinreb’s Criminal Division are prosecuting the case.
The details contained in the indictment are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Massachusetts Man Pleads Guilty to Distributing CrackRead the Press Release
Contact: Jody Mullis
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Adam Williams, a/k/a “Pacman,” 36, of Worcester, Massachusetts pleaded guilty yesterday in U.S. District Court to distribution of cocaine base, commonly known as crack.
According to court records, on April 10, 2015, a witness working with law enforcement, purchased $200 worth of crack from Williams in Bangor.
Williams faces up to 20 years in prison, a $1,000,000 fine, and between three years and a lifetime of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Maine Drug Enforcement Agency and the U.S. Drug Enforcement Administration.
Manchester Man Pleads Guilty to Federal Firearm OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ROBERT V. GENTILE, 80, of Manchester, pleaded guilty today in Hartford federal court to federal firearm offenses, and also admitted that he violated the conditions of his supervised release from a prior federal conviction.
According to court documents and statements made in court, on February 10, 2012, GENTILE was arrested after a federal investigation had revealed that he was involved in the illegal distribution of prescription narcotics. Subsequent court-authorized searches of GENTILE’s Manchester residence resulted in the seizure of 200 Percocet tablets packaged for distribution, two .38 caliber Smith & Wesson revolvers, a .22 caliber North American Arms revolver, a .22 caliber derringer, a 12-gauge pistol-grip shotgun, numerous rounds of ammunition, boxes of 12-gauge shotgun shells, five handgun silencers, other items and approximately $22,000 in cash. GENTILE pleaded guilty to federal drug and firearm offenses and, on May 9, 2013, was sentenced to 30 months of imprisonment, followed by three years of supervised release.
On March 2, 2015, while on supervised release, GENTILE sold a .38 Colt Cobra revolver, which was loaded with five rounds of Smith & Wesson .38 Special ammunition, for $1,000 to an individual he knew to be a convicted felon. The sale occurred at GENTILE’s residence, where the revolver had been hidden in a couch cushion.
GENTILE was arrested on a criminal complaint on April 17, 2015, and was ordered detained. On April 28, 2015, a grand jury returned an indictment charging him with possession of ammunition by a convicted felon, and sale of a firearm to a convicted felon.
On May 2, 2016, FBI special agents executed an unrelated federal search warrant at GENTILE’s Manchester residence and seized a .22 caliber Browning semi-automatic pistol, a 9mm Walther semi-automatic pistol, a .380 caliber RPB Industries, M11-Al semi-automatic pistol, and an unregistered silencer. On May 24, 2016, a grand jury returned an indictment charging GENTILE with one count of possession of firearms by a previously convicted felon, and one count of possession of an unregistered silencer.
Today, GENTILE pleaded guilty to one count of possession of ammunition by a previously convicted felon, which is contained in the April 2015 indictment. He also pleaded guilty to one count of possession of firearms by a previously convicted felon and one count of possession of an unregistered silencer, both of which are contained in the May 2016 indictment. GENTILE also admitted that he violated the terms and conditions of his supervised release.
GENTILE is scheduled to be sentenced by U.S. District Judge Robert N. Chatigny on August 25, 2017, at which time he faces a maximum term of imprisonment 10 years on each count, and additional penalties for violating his supervised release.
GENTILE has been detained since his arrest on April 17, 2015.
This matter has been investigated by the Federal Bureau of Investigation, with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant U.S. Attorney John H. Durham.
Man pleads guilty to his role in a meth distribution operationRead the Press Release
CLARKSBURG, WEST VIRGINIA – Jerry “Jake” Wilson Hartley, of Elkins, West Virginia, was convicted today for methamphetamine distribution, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Hartley, age 36, pled guilty to one count of “Conspiracy to Distribute Methamphetamine.” Hartley admitted to conspiring with others to distribute more than 500 grams of methamphetamine in the Northern District of West Virginia and elsewhere. The crime occurred from May 2013 until October 2016.
Hartley faces up to twenty years and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Mountain Region Drug and Violent Crime Task Force investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Louisiana man pleads guilty to having counterfeit moneyRead the Press Release
MARTINSBURG, WEST VIRGINIA – Nicholas Ross McCullen, of Lake Charles, Louisiana, was convicted today for possessing counterfeit money, Acting United States Attorney Betsy Steinfeld Jividen, announced.
McCullen, age 30, pled guilty to one count of “Posses Counterfeit Obligations.” McCullen admitted to having 50 counterfeit one hundred dollar bills. The crime occurred in Jefferson County in August 2015.
McCullen faces up to twenty years and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Anna Z. Krasinski is prosecuting the case on behalf of the government. The U.S. Secret Service and the Jefferson County Sheriff’s Office investigated.
Chief U.S. District Judge Gina M. Groh presided.
Kirkland Tax Defier Indicted for Nearly Two Decade Scheme to Avoid Paying Income TaxesRead the Press Release
The owner of a Kirkland, Washington interior design business was indicted today in a nearly twenty-year scheme to avoid paying several hundred thousand dollars in income taxes, announced U.S. Attorney Annette L. Hayes. DANIEL NIX, 56, was indicted by the grand jury on thirteen counts of tax evasion, eleven counts of providing fictitious financial obligations, and one count of corrupt interference with the administration of the Internal Revenue Code. A second defendant, KAREN STREET, 58, also of Kirkland, was indicted on two counts of providing fictitious financial obligations. Arraignment on the indictments is scheduled for April 20, 2017.
According to the indictments, NIX operates Dannix Design, an interior design firm for medical offices. As detailed in the indictment, as early as 1998 and from 2000 to 2007, NIX refused to pay his income taxes, which over that time totaled more than $340,000. NIX set up shell companies to hide his income and assets, filed false bankruptcy claims, and filed false claims against the government. For tax years 2010-2013, NIX continued to use a variety of strategies to hide his income and avoid any tax assessments. In February 2013, NIX sent eleven fake money orders to the IRS to make it appear he was paying his tax obligations. The total face value of the eleven fake money orders exceeded a million dollars. His long-time partner, KAREN STREET, also submitted two fake money orders as payment for back taxes she owed.
Tax evasion is punishable by up to five years in prison and a $250,000 fine. Presentation of fictitious financial instruments is punishable by up to 25 years in prison and a $250,000 fine. Attempts to interfere with the administration of the tax code is punishable by up to three years in prison and a $5,000 fine.
The charges contained in the indictment are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the Internal Revenue Service Criminal Investigation (IRS-CI). The case is being prosecuted by Assistant United States Attorney Seungjae Lee.
Justice Department Settles Immigration-Related Discrimination Claim Against Florida Roadside Assistance Services CompanyRead the Press Release
The Justice Department reached an agreement today with Brickell Financial Services Motor Club, Inc., d/b/a Road America Motor Club, Inc. (Road America), headquartered in Miami, Florida. The settlement resolves the department’s investigation into whether the company violated the Immigration and Nationality Act (INA) by discriminating against work-authorized immigrants when verifying their work authorization.
The department concluded, based on its investigation, that Road America routinely requested that lawful permanent residents show their Permanent Resident Cards to prove their work authorization but did not request specific documents from U.S. citizens. Lawful permanent residents often have the same work authorization documents available to them as U.S. citizens, and may choose acceptable documents other than a Permanent Resident Card to prove they are authorized to work. The investigation further revealed that Road America required lawful permanent resident employees to re-establish their work authorization when their Permanent Resident Cards expired, even though federal rules prohibit this practice. The antidiscrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on the employees’ citizenship or national origin.
“When verifying the work authorization of employees, employers may not erect unnecessary barriers based on employees’ citizenship or national origin,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division. “Employers must ensure they are aware of their legal obligations to avoid discrimination, and we applaud Road America for committing itself to do so through this settlement.”
Under the settlement, Road America will pay a civil penalty of $34,200 and pay $1,044 to compensate a worker who lost wages due to its unfair documentary practices. Road America has also agreed to post notices informing workers about their rights under the INA’s antidiscrimination provision, train their human resources personnel, and be subject to departmental monitoring and reporting requirements.
The division’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, is responsible for enforcing the antidiscrimination provision of the INA. The statute prohibits, among other things, citizenship, immigration status, and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship, immigration status, or national origin; or discrimination based on their citizenship, immigration status, or national origin in hiring, firing, or recruitment or referral, should contact IER’s worker hotline for assistance.
Road America Settlement AgreementJury Finds Pair Guilty on All 40 Counts in Scheme to Steal USDA Funds Intended to Feed Hungry ChildrenRead the Press Release
LITTLE ROCK—Patrick C. Harris, Acting United States Attorney for the Eastern District of Arkansas, Dax Roberson, United States Department of Agriculture–Office of Inspector General, Special Agent in Charge, Tracey D. Montaño, Special Agent in Charge, IRS-Criminal Investigation, and Diane Upchurch, Special Agent in Charge of the Little Rock Field Office of the Federal Bureau of Investigation (FBI), announced Thursday that a federal jury has returned guilty verdicts against Jacqueline Mills and Anthony Waits on all 40 counts in which the pair was charged in a multi-million dollar fraud scheme involving money intended to feed hungry children in Arkansas.
The jury found Mills, 41, of Helena-West Helena, guilty of one wire-fraud conspiracy charge, 25 counts of wire fraud, 10 counts of bribery, and 3 counts of money laundering. Waits, 38, of England, was convicted of one count of wire-fraud conspiracy. United States District Court Judge James M. Moody, Jr. presided over the eight-day trial, which concluded Thursday with the jury verdict. Judge Moody will sentence Mills and Waits at a later date.
“This verdict confirms what the evidence has shown from the beginning—Jacqueline Mills and Anthony Waits are thieves who preyed on the most vulnerable members of our society,” Harris said. “Their outrageous behavior—literally stealing millions of dollars intended to be used for feeding hungry Arkansas children—is among the most egregious fraud this office has seen, and we will request a sentence that reflects the seriousness of their conduct.”
Mills and Waits stole more than $4 million from United States Department of Agriculture (USDA) feeding programs administered in Arkansas through the Arkansas Department of Human Services (DHS). Sponsors who want to participate in the feeding programs must submit an application to DHS for approval. After approval, they can provide meals as part of the feeding programs, and are reimbursed for the eligible meals they serve.
As proven in trial, Mills, who said she operated 34 feeding sites, submitted grossly inflated numbers of meals purportedly served from her sites. In some cases, no meals were served at all. Co-conspirators Tonique Hatton and Gladys Waits (Anthony Waits’ estranged wife)—who worked for DHS and have already pleaded guilty—assisted Mills in her deception. Hatton and Gladys Waits were responsible for approving Mills’ programs at various times. Mills also made bribe payments to Hatton and Gladys Waits to provide protection from DHS scrutiny. Hatton and Gladys Waits were among more than 50 witnesses who testified during the trial.
Mills was among those who testified, as well. The jury rejected Mills’ testimony that the payments made to Hatton and Gladys Waits were merely gifts—including a $5,000 housewarming gift to Hatton—or reimbursements.
The USDA paid Mills more than $2.7 million on her inflated claims, which included several locations where meals were never served. The jury also found that various property seized from Mills during the investigation were proceeds of the offense and were to be forfeited. This property includes real estate, four vehicles, and more than $490,000 seized from multiple bank accounts.
Anthony Waits was linked to programs that illegally acquired $1.6 million. Anthony Waits recruited multiple feeding program sponsors to submit inflated feeding claims. Those sponsors then paid to Waits substantial portions of the funds they received from the fraudulent claims. Those sponsors, such as Waymon Weeams, James Franklin, Christopher Nichols, and Rueben Nims, gave Waits a percentage of the federal money they received in exchange for Waits’ wife, the DHS employee, approving the inflated claims.
“I want to thank the U.S. Attorney’s office, OIG special agents, and our investigative partners for their hard work on this investigation,” Roberson said. “When the integrity of nutrition programs for needy children is violated by criminal conduct, the Office of Inspector General will pursue justice to the fullest extent of the law.”
“Today’s verdict is a direct result of the excellent partnership IRS, the U.S. Attorney’s office, and our law enforcement partners have in combating violations of federal law,” Montaño said. “Stealing from government-sponsored programs is not a victimless crime; it is a crime against the American public. This case is particularly troubling when you consider this particular government program exists to benefit disadvantaged children. This verdict should serve as a deterrent to those who might contemplate similar fraudulent actions.”
“Today’s verdict is a resounding victory and sends a strong message to individuals who defraud federal programs designed to help disadvantaged children,” Upchurch said. “I appreciate the tireless efforts of the agents and the staff of the Little Rock FBI field office, the United States Attorney’s Office, the USDA-Office of Inspector General, Internal Revenue Service Criminal Investigations, and the United States Marshalls Service for their thorough attention to this case.”
Multiple defendants have already been sentenced for their various roles in the same scheme. Those defendants sentenced include: Kattie Jordan, sentenced to 63 months’ imprisonment on March 15, 2016; Nims, sentenced to 21 months’ imprisonment on November 2, 2016; Hatton, sentenced to 108 months’ imprisonment on January 4, 2017; Franklin, sentenced to 24 months’ imprisonment on January 10, 2017; and Maria Nelson, sentenced to 30 months’ imprisonment on January 31, 2017. Gladys Waits, Nichols, Weeams, Francine Leon, Michael Lee, Alexis Young, Erica Warren, and Harper have all pleaded guilty to conspiring to defraud USDA feeding programs and are awaiting sentencing.
All told, law enforcement has uncovered more than $11 million in fraud related to these USDA Arkansas feeding programs.
“I am pleased that with the help of many outstanding law enforcement agencies and agents, and countless hours of work, we were able to uncover and successfully prosecute this scheme,” Harris said. “At the same time, I am sickened that it could happen at all. I hope this entire case, including this trial, serves as warning for those who try to take advantage of these worthwhile federal programs.”
The statutory penalty for wire fraud and conspiracy to commit wire fraud is not more than 20 years’ imprisonment, not more than a $250,000 fine, or both. The penalty for bribery and money laundering is not more than 10 years’ imprisonment, not more than a $250,000 fine, or both.
Although everyone initially indicted in this scheme has now been convicted, the investigation is still ongoing, and continues to be conducted by the USDA–Office of Inspector General, Internal Revenue Service–Criminal Investigations, Federal Bureau of Investigation, and United States Marshals Service. The case is being prosecuted by Assistant United States Attorneys Jana K. Harris, Allison W. Bragg, and Cameron McCree.
If you are aware of any fraudulent activity regarding feeding programs, please email that information to [email protected].
Johnson City Resident Sentenced to Serve over Eight Years in Federal Prison for Methamphetamine and Firearms OffensesRead the Press Release
GREENEVILLE, Tenn. – On April 6, 2017, Joey Edward Holmes, 39, of Johnson City, Tennessee, was sentenced by the Honorable R. Leon Jordan, U.S. District Judge, to serve 100 months in federal prison. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for five years. Holmes was also ordered pay $200 special assessments.
Holmes pleaded guilty in December 2016 to conspiring to manufacture methamphetamine and being a felon in possession of a firearm. According to information on file with the U.S. District Court, , who was part of a larger conspiracy, produced methamphetamine using pseudoephedrine supplied to him by others. When he was arrested on the methamphetamine charges, officers found a 9 mm semi-automatic pistol, ammunition, crystal methamphetamine, digital scales, hundreds of small plastic zipper bags and other items consistent with a drug lab in his home. has been in federal custody since his April 2016 arrest.
Agencies involved in this investigation included the Washington County Sheriff’s Office and Drug Enforcement Administration. Assistant U.S. Attorneys J. Greg Bowman and Helen Smith, represented the United States.
This case was brought as part of Project Safe Neighborhoods (PSN), a comprehensive national strategy that creates local partnerships with law enforcement agencies to effectively enforce existing gun laws. It provides more options to prosecutors, allowing them to utilize local, state, and federal laws to ensure that criminals who commit gun crime face tough sentences. PSN gives each federal district the flexibility it needs to focus on individual challenges that a specific community faces.
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IARA Sentenced for Transferring Nearly $1.4 Million to Iraq in Violation of SanctionsRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that the Islamic American Relief Agency (IARA), formerly headquartered in Columbia, Mo., was sentenced in federal court today for transferring nearly $1.4 million to Iraq in violation of federal sanctions.
IARA has been dissolved, and has divested itself of all its funds and property. IARA’s assets, which consisted of 14 bank accounts and an interest in a piece of real estate in Boone County, Mo., were transferred to Heifer International, Inc., an unrelated charity. A total of $818,894 was given to Heifer International to further the goal of providing relief to farmers and drought victims in east Africa. The real estate has not yet been sold. Articles of Dissolution were filed with the Missouri Secretary of State on April 5, 2017, terminating IARA as a registered corporation with the state of Missouri.
At today’s sentencing hearing, Assistant U.S. Attorney Steven Mohlhenrich summarized the organization’s conduct for the court, stating that IARA willfully violated U.S. economic sanctions on Iraq, a very important national security matter, and further misused its status as a charity to solicit donations that donors thought were going toward lawful charitable projects, but were not. Further, IARA knowingly engaged in prohibited transactions with a deputy to specially designated global terrorist Gulbuddin Hekmatyar, in Pakistan. Then, when Congress placed IARA on a list of organizations that supported terrorism, the organization hired a former member of Congress, co-defendant Mark Siljander, to act as an unregistered agent for a foreign entity, and at Siljander’s direction concealed the payments to him by routing them through non-profit entities.
However, Mohlhenrich emphasized, the reason the case was important, and the reason IARA was ultimately designated by the Office of Foreign Assets Control as a specially designated global terrorist, should not be forgotten. IARA was a member of a larger organization headquartered in Sudan that was itself an al-Qaeda supporter. The IARA connection to al-Qaeda dated back to well before Sept. 11, 2001; it arose while Osama Bin Laden was a guest of the government of Sudan. During that same period, Ziyad Khaleel, who lived in Columbia and was a fundraiser for IARA, purchased a satellite telephone and deliver it to al-Qaeda operatives while he was on travel paid for by IARA in February 1997. That satellite phone was used by al-Qaeda to direct operations and to orchestrate the Aug. 7, 1998, simultaneous bombings of U.S. embassies in Kenya and Tanzania, which killed more than 200 people.
On July 20, 2016, IARA (through a representative of the board of directors) pleaded guilty to one count of conspiracy to violate the International Emergency Economic Powers Act, one count of conspiracy to commit money laundering and one count of obstructing the administration of internal revenue laws, which were contained in an Oct. 21, 2008, federal indictment.
IARA served as the U.S. office of the Islamic Relief Agency (ISRA), an international organization headquartered in Khartoum, Sudan. IARA took in between $1 million and $3 million in contributions annually from 1991 to 2003. It also received funds from the United States Agency for International Development (USAID). IARA employed approximately six full-time employees and 10-12 part-time employees.
IARA was closed in October 2004 after being identified by the U.S. Treasury Department as a specially designated global terrorist organization. IARA was reconstituted in order to resolve this criminal matter. Now that this case is resolved, IARA has dissolved itself as a corporation for all time. Under the terms of the plea agreement, IARA and its board of directors agreed they will not form a new corporation to conduct the activities that IARA formerly conducted.
IARA secretly funneled $1,375,000 to Iraq in violation of United States economic sanctions. President George H.W. Bush declared a national emergency with respect to Iraq in August 1990, which resulted in sanctions against sending or transferring money, funds or goods directly or indirectly to any person in Iraq or to the government of Iraq. In violation of the Iraqi sanctions, IARA collected funds that were illegally transferred to Iraq with the assistance of a Jordanian national. According to today’s plea agreement, this individual either took the cash into Iraq or purchased items in Jordan and transported them into Iraq.
IARA corruptly endeavored to impair and impede the due administration of the Internal Revenue laws by using its tax-exempt status to solicit funds, representing that they were legitimate charitable contributions, and to misuse part of those funds by transferring those funds to Iraq, a purpose prohibited by law. During the entire period in which the Iraq sanctions were in effect, IARA solicited donations through various means, including pamphlets, flyers, newsletters and personal correspondence, requesting contributions to pay for projects in Iraq. IARA did not disclose the fact that the organization had provided funds for projects and persons in Iraq in its annual filings with the Internal Revenue Service.
Several officials and employees of IARA have previously pleaded guilty and been sentenced.
IARA Executive Director Mubarak Hamed, a naturalized U.S. citizen originally from Sudan, was sentenced to four years and 10 months in federal prison without parole. Hamed pleaded guilty to conspiring to illegally transfer more than $1 million to Iraq in violation of federal sanctions. Hamed also pleaded guilty to obstructing the administration of the laws governing tax‑exempt charities by misusing IARA=s tax‑exempt status, providing false information to the IRS, and lying to federal agents.
IARA fundraiser Abdel Azim El-Siddig was sentenced to two years of probation. El-Siddig pleaded guilty to conspiring to lobby for IARA=s removal from a Senate Finance Committee list of charities suspected of having terrorist ties, while concealing this advocacy and not registering with the proper authorities.
IARA board member Ali Mohamed Bagegni, a native of Libya who is a naturalized U.S. citizen, and IARA fundraiser Ahmad Mustafa, a citizen of Iraq and a lawful permanent resident alien, were each sentenced to six months of probation. Federal prosecutors asked the court to give Bagegni and Mustafa credit for their substantial assistance to the government in the investigation and prosecution of the case. Bagegni pleaded guilty to his role in the conspiracy to illegally transfer funds to Iraq in violation of federal sanctions. Mustafa was a fundraiser for IARA from 1996 until it was closed in 2004, but at the time he worked for the organization he was unaware it had no permission to send funds to Iraq. Mustafa pleaded guilty to illegally transferring funds to a family member in Iraq in violation of federal sanctions.
Hamed and El‑Siddig hired Mark Deli Siljander in 2004 to lobby for IARA=s removal from a U.S. Senate Finance Committee list of charities suspected of funding international terrorism, and its reinstatement as an approved government contractor. IARA lost its status as an approved government contractor in 1999, when the U.S. Agency for International Development (USAID) terminated grants for two relief projects in Mali, Africa.
Siljander, who operated a Washington, D.C. consulting business called Global Strategies, Inc., had been a member of the U.S. House of Representatives from Michigan and was a U.S. Ambassador to the United Nations General Assembly. Earlier in 2004, Siljander had assisted IARA in hiring another former congressman and lobbyist (identified as “R.P.H.”), who was paid $15,000 to advocate for IARA’s removal from the list and reinstatement as an approved government contractor.
Siljander, Hamed and El‑Siddig agreed with each other to conceal Siljander=s efforts on IARA=s behalf. In order to do so, Siljander instructed Hamed and El‑Siddig to transfer $75,000 of IARA=s funds to him by funneling them through nonprofit entities. El-Siddig carried at least three checks issued to Siljander=s charities from Chicago to Washington, D.C., and gave them to Siljander.
In exchange for the payments, during the summer of 2004, Siljander acted as an agent for IARA by contacting persons at the U.S. Senate Finance Committee, USAID, the Department of Justice, and the Department of the Army, in an effort to have IARA removed from the USAID list of debarred entities, and to remove IARA from the Senate Finance Committee=s list of charities suspected of funding terrorism. Federal law requires anyone who serves as an agent of a foreign entity, including an organization, to register with the U.S. Attorney General.
Siljander admitted that in two separate interviews he repeatedly lied to FBI agents and prosecutors acting on behalf of a federal grand jury. Siljander obstructed justice by falsely denying that he was hired to advocate for IARA, and by falsely claiming that the payments from IARA were charitable donations intended to assist him in writing a book about bridging the gap between Islam and Christianity.
Siljander was sentenced to one year and one day in federal prison without parole after pleading guilty to obstruction of justice and acting as an unregistered foreign agent.
This case was prosecuted by Assistant U.S. Attorneys Steven M. Mohlhenrich and Brian Casey from the U.S. Attorney=s Office for the Western District of Missouri, and Trial Attorney Paul G. Casey from the National Security Division of the U.S. Department of Justice. The case was investigated by the FBI, IRS-Criminal Investigation and U.S. Agency for International Development, Office of the Inspector General.
Husband and Wife Tax Preparers Indicted for Conspiracy to Prepare False Federal Income Tax ReturnsRead the Press Release
RENO, Nev. – Two tax return preparers were charged on Wednesday with conspiring to defraud the United States and preparing false federal income tax returns, announced Acting U.S. Attorney Steven W. Myhre for the District of Nevada.
Thomas Michael Bidegary, 66, and Ginger A. Bidegary, 56, both of Winnemucca, Nev., are each charged with one count of conspiracy to defraud the United States. In addition, Thomas is charged with seven counts of aiding and assisting in the preparation of false federal income tax returns, and Ginger is charged with three counts of aiding and assisting in the preparation of false federal income tax returns.
According to the indictment, Thomas Bidegary is a former IRS employee who operated Winnemucca Tax and Bookkeeping Service, a tax preparation business, located in Winnemucca, Nevada. He and his wife, Ginger, were involved in the preparation of federal income tax returns. As alleged, the Bidegary’s conspired with each other to prepare and file false and fraudulent individual income tax returns. Beginning in at least 2009 and continuing through 2014, the Bidegary’s advised clients that by making small monetary “investments” into various businesses the Bidegary’s owned, the clients could decrease their annual taxable income and increase their tax refunds. As part of the scheme, in instances when clients provided “investment” funds, the Bidegary’s would prepare false tax forms for the corresponding tax year that included large fictitious business losses in order to reduce the client’s taxable income and obtain a larger refund than what the client was entitled to receive.
If convicted, the Bidegary’s face a statutory maximum sentence of five years in prison for conspiracy and three years for each count of preparing false tax returns. They also face a term of supervised release, restitution, and monetary penalties.
The case is being investigated by the IRS-Criminal Investigations. The case is being prosecuted by Assistant U.S. Attorney Carla Higginbotham.
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.
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Hempstead Man Pleads Guilty to Robbery Conspiracy and Brandishing A Firearm During Crime of ViolenceRead the Press Release
Today, at the federal courthouse in Central Islip, New York, James Rogers pleaded guilty to conspiring to commit gunpoint robberies of commercial retail stores in Nassau and Suffolk Counties between August 10, 2015 and December 21, 2015 and the brandishing of a firearm during the robbery of a Petco Pet Store in Hicksville, New York on August 20, 2015.
The plea was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, Thomas C. Krumpter, Acting Nassau County Police Commissioner (NCPD), and Timothy D. Sini, Suffolk County Police Commissioner (SCPD).
As part of the plea, Rogers admitted his role in 15 robberies that occurred in 11 different towns in Nassau and Suffolk Counties, including the gunpoint robbery of Petco, various women’s clothing stores and a Babies R’ Us. On almost every occasion, Rogers committed the robberies at or near the opening or closing time of the businesses, his face covered, brandishing a black handgun, threatening employees and customers, and restraining them using toy handcuffs or plastic zip-tie restraints. Rogers took United States currency, jewelry and personal items from his victims, and fled the locations in a car or sports utility vehicle driven by his co-conspirator.
“Addressing violent crimes that terrorize our neighborhoods and jeopardize the safety of our citizens is a priority, and the defendant will now be held accountable for his actions,” stated Acting United States Attorney Rohde. Ms. Rohde extended her grateful appreciation to the Drug Enforcement Administration for its assistance on the case.
“This case is yet another example of great collaboration among law enforcement agencies in the region,” stated SCPD Commissioner Sini. “Let the message be clear: Suffolk and Nassau police departments, working with our federal law enforcement partners, will not tolerate perpetrators of violent crime in our communities.
“Defendant Rogers committed fifteen armed robberies in Nassau and Suffolk counties, preyed on unsuspecting business owners and their customers, thus becoming one of our top law enforcement priorities. Society is a safer place now that this defendant will be incarcerated,” stated Acting NCPD Commissioner Krumpter.
Today’s plea took place before United States District Judge Joseph F. Bianco. When he is sentenced on October 18, 2017, Rogers faces up to life in prison.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorney Charles N. Rose is in charge of the prosecution.
The Defendant:
JAMES ROGERS
Age: 47
Hempstead, New York
E.D.N.Y. Docket No. 16-CR-530 (JFB)
Grand Jury Returns 12-Count Indictment Charging Diehl in Bankruptcy Fraud CaseRead the Press Release
SALT LAKE CITY -- A federal grand jury returned a 12-count indictment late Wednesday afternoon charging Terry Charles Diehl, age 61, of Salt Lake City, with filing false declarations and concealing assets in connection with his Chapter 11 bankruptcy reorganization. Diehl is a Utah real estate developer and former board member of the Utah Transit Authority.
U.S. Attorney for Utah John W. Huber and Special Agent-in-Charge Eric K. Barnhart of the FBI’s Salt Lake Division announced today’s indictment.
“We seek to protect the integrity of the bankruptcy court from those who would exploit its protections because of selfish motivation,” Huber said Wednesday. “The defendant is a former UTA board member. Among other conduct, the indictment alleges that the defendant received more than $1 million in gross income related to a UTA Front Runner real estate development. It further alleges that he knowingly and fraudulently misrepresented that income to the bankruptcy court,” Huber said.
The indictment alleges that several months prior to filing for bankruptcy on March 30, 2012, Diehl set up a company, Skyline Ventures Associates, Inc. (SVA), owned by his two daughters, but managed and controlled by him, to conduct his daily business and financial affairs. Additionally, Diehl caused a SVA business bank account to be opened. The indictment further alleges that although the authorized signatories on the SVA account were his daughters and office manager, Diehl controlled and directed all funds in and out of the account.
The indictment further alleges that despite Diehl's primary obligation to provide for full financial disclosure imposed by federal bankruptcy law, he filed false declarations with the bankruptcy court, knowingly and fraudulently omitting or misrepresenting facts about SVA and the funds he controlled in and out of the SVA account. For example, on Diehl's Statement of Financial Affairs, a bankruptcy filing requiring full disclosure of his current financial status, he omitted SVA, a corporation Diehl clearly managed and controlled in his daily business affairs. In this filing, the indictment alleges Diehl also omitted more than $1 million in gross business income stemming from a UTA Front Runner transit oriented development in Draper, Utah.
The indictment further alleges that on numerous Monthly Operating Reports, filings requiring Diehl to fully disclose all cash receipts, he failed to report all funds he directed in and out of the SVA account. Rather, Diehl reported only a fraction of his monthly cash receipts on his monthly filings. During the period from April 2012 (when he filed his bankruptcy petition) to May 2013 (when Diehl's plan of reorganization was confirmed), Diehl filed 11 Monthly Operating Reports underreporting cash receipts in and out of the SVA account he directed and controlled.
Finally, the indictment alleges that each directive by Diehl to move funds into the SVA account, much of which was not reported on Monthly Operating Reports, was a knowing and fraudulent act to conceal assets of Diehl's bankruptcy estate.
The first five counts of the indictment allege false declarations. The indictment also alleges seven counts of concealment of assets. The potential penalty for each count in the indictment is five years in prison and a fine of $250,000. A summons will be issued for Diehl to appear in federal court on the charges alleged in the indictment.
Indictments are not findings of guilt. Individuals charged in an indictment are presumed innocent unless or until proven guilty in court.
Federal prosecutors in the U.S. Attorney’s Office are prosecuting the case. The case is being investigated by special agents of the FBI and the U.S. Department of Transportation Office of Inspector General.
Gainesville Man Sentenced to 43 Years and 9 Months in Prison for Armed KidnappingRead the Press Release
GAINESVILLE, FLORIDA – Curtis Kennedy Williams, 31, of Gainesville, has been sentenced to 43 years and 9 months in federal prison for kidnapping, discharging a firearm during a crime of violence, and possession of a firearm by a convicted felon. Williams was convicted on July 27, 2016, following a jury trial. Co-defendant Shakayla Nicole Taylor, 22, of Harvey, Louisiana, was sentenced in September 2016 to 72 months in prison after pleading guilty to kidnapping. The sentences were announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
In October 2015, Williams and Taylor kidnapped a young woman in Gainesville by forcing her into a car and holding her at gunpoint. Taylor then drove them to her Louisiana residence. During the trip, Williams raped and beat the victim, and fired the gun into the backseat of the car. Williams and Taylor were arrested at an apartment complex in Louisiana where the victim was also rescued.
U.S. Attorney Canova said: “Combatting violent crime is a top priority for my office, the Department of Justice, and our many federal, state, and local law enforcement partners who tirelessly work to keep our communities safe. While a prison sentence cannot reverse the unspeakable trauma inflicted on the victim, it sends a strong message that those who commit brutal crimes and put other people’s lives in danger face serious consequences under the law.”
Charles P. Spencer, Special Agent in Charge of the FBI Jacksonville division, said:“The FBI is committed to thoroughly investigating violent crimes of this nature, and we will continue to work with our local and state law enforcement partners to hold offenders accountable and ensure justice for their victims.”
Alachua County Sheriff Sadie Darnell said: “Violent crime will not be tolerated in Alachua County. This case shows the complete cooperation within the law enforcement community to bring justice to violent criminals.”
This case resulted from an investigation by the Federal Bureau of Investigation, the Alachua County Sheriff’s Office, and the Jefferson Parish Sheriff’s Office in Louisiana. Assistant United States Attorney Frank T. Williams prosecuted the case.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information OfficerFormer Torrington Resident Sentenced to 30 Months in Prison for Role in Stolen Identity Tax Refund SchemeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that MARIO PASCUAL AQUINO, 36, formerly of Torrington, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 30 months of imprisonment, followed by three years of supervised release, for his involvement in a stolen identity tax refund fraud scheme.
According to court documents and statements made in court, AQUINO was involved in a conspiracy to fraudulently obtain U.S. Treasury tax refund checks made payable to individuals other than themselves, whose personal identifying information was stolen by co-conspirators. Typically, the individuals whose identities were stolen were citizens of Puerto Rico.
Between October 2011 and March 2013, AQUINO cashed approximately $650,000 worth of fraudulently-obtained tax refund checks at a check cashing store in Torrington. He also opened his own check cashing store in Hartford, Mega Money Transfers, and, in 2011 and 2012, proceeded to cash more than 300 fraudulently-obtained refund checks valued at a total of $750,926 through that store. Finally, Aquino sold six fraudulently-obtained refund checks valued at a total of $60,929 to an undercover agent. He also provided the undercover agent with a fraudulent Connecticut driver license in the name of an identity theft victim.
Judge Bryant ordered AQUINO to pay restitution in the amount of $532,500.
AQUINO, who most recently resided in Pasadena, Texas, has been detained since his arrest on May 31, 2016. On January 5, 2017, he pleaded guilty to one count of theft of public money.
This matter was investigated by the Internal Revenue Service – Criminal Investigation Division, Homeland Security Investigations, U.S. Postal Inspection Service, Waterbury Police Department, Hartford Police Department and Pasadena (Tex.) Police Department. The case was prosecuted by Assistant U.S. Attorney Sarala V. Nagala.
Former DEA Agent Sent to Prison on Child Pornography ChargesRead the Press Release
HOUSTON – A Massachusetts man who formerly resided in McAllen has been ordered to federal prison following his conviction of one count of access with intent to view child pornography, announced Acting U.S. Attorney Abe Martinez. James Patrick Burke, 39, was a former special agent with the Drug Enforcement Administration (DEA) and pleaded guilty June 2, 2016.
Today, U.S. District Judge Alfred H. Bennett took into consideration Burke’s conduct as well as his law enforcement and military service and ordered him to serve 84 months in prison. In handing down the sentence, Judge Bennett stated he was repulsed by the crime Burke committed and was unmoved by the lengthy statement Burke made in court in which he attempted to shift the blame elsewhere. Burke was further ordered to pay $4,000 in restitution to a known victim and will serve 15 years of supervised release following completion of his prison term, during which time he will have to comply with numerous requirements designed to restrict his access to children and the Internet. He will also be ordered to register as a sex offender.
Burke came to the attention of law enforcement after investigators found evidence he was accessing files from a website known to contain child pornography. A search warrant was executed at Burke’s McAllen residence on Aug. 14, 2015, at which time investigators seized a laptop computer and a desktop computer. Burke admitted downloaded and viewed child pornography from the Internet, but would use forensic wiping software to delete the images and movies.
The forensic examination revealed remnants of the TOR browser which Burke had used to access the child pornography website as well as forensic wiping software. Agents also found remnants of the movie titles that are suggestive of child pornography.
An examination of what was collected from the server side of the website showed that Burke had accessed a total of 77 threads which contained 345 contact sheets with approximately eight images of child pornography per sheet. These images included children under the age of 12, bondage, acts of violence and children younger than two years of age. Some of the images are of known victims as identified through the National Center for Missing and Exploited Children.
The FBI conducted the investigation.
Previously released on bond, Burke was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
This case, prosecuted by Assistant U.S. Attorneys Kimberly Ann Leo, Linda Requenez and Alexandro Benavides, 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."
Former Connecticut Resident Charged with Defrauding Lenders of More Than $3 MillionRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, today announced that on Oct 22, 2015, a federal grand jury in New Haven returned a 14-count indictment charging MOHSEN YOUSSEF, 26, formerly of Vernon, with fraud offenses relating to an alleged scheme to secure more than $3 million in funding for his purported pita manufacturing business.
YOUSSEF was arrested in Canada on March 1, 2017, and has been detained since his arrest. He appeared today before U.S. Magistrate Judge Robert A. Richardson, entered a plea of not guilty to the charges and was ordered detained.
As alleged in the indictment, beginning in approximately October 2011, YOUSSEF defrauded various banks, a corporate leasing and vendor finance company, and the Connecticut Department of Economic and Community Development, in a scheme to secure funding for equipment purchases for his company, Amoun Pita and Distribution LLC (“Amoun Pita”), and other companies he controlled. According to its business plan, Amoun Pita was a bakery that manufactured pocket pita bread from a production facility in South Windsor, Connecticut.
As part of the alleged scheme, YOUSSEF provided false information when applying for loans, lines of credit, lease financing and state grants, purportedly to finance the acquisition of new pita manufacturing equipment, other machinery and inventory related to his businesses. The false information included documentation that inflated the assets and income of YOUSSEF and his companies, as well as fraudulently created invoices purporting to document equipment purchases that, in fact, never occurred. In order to induce victims to rely on the invoices he provided, YOUSSEF created marketing materials and websites for non-existent vendors.
It is alleged that YOUSSEF caused more than $3 million in losses through this scheme.
YOUSSEF, who has dual U.S and Egyptian citizenship, moved to Canada in 2014.
The indictment charges YOUSSEF with two counts of wire fraud, an offense that carries a maximum term of imprisonment of 20 years on each count; 11 counts of bank fraud, an offense that carries a maximum term of imprisonment of 30 years on each count, and one count of mail fraud, an offense that carries a maximum term of imprisonment of 20 years.
U.S. Attorney Daly stressed that an indictment is not evidence of guilt. Charges are only allegations, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation, with the assistance of the Quebec Provincial Police RELEX Unit, Montreal Police Service and Royal Canadian Mounted Police. The case is being prosecuted by Assistant U.S. Attorneys David E. Novick and Avi M. Perry.
Former Adoption Attorney Charged with Wire FraudRead the Press Release
Steven G. Dubin, 64, of Warminster, Pennsylvania, was charged in an Indictment[1] with three counts of wire fraud, announced Acting United States Attorney Louis D. Lappen.
According to the Indictment, Dubin offered services to clients seeking to adopt children. After he submitted his resignation from the Pennsylvania bar, Dubin allegedly failed to inform some clients and prospective clients that he would soon be disbarred. Moreover, after he was disbarred and could no longer accept any new retainer fees, Dubin allegedly continued to accept new retainer fees and represented himself to be an attorney licensed to practice law in Pennsylvania.
According to the Indictment, after clients fired Dubin as their attorney, Dubin falsely promised clients that he would return their remaining retainer fees that he falsely claimed were being held in escrow. In some cases, Dubin allegedly never returned any retainer fees.
If convicted, the defendant faces a maximum possible sentence of 60 years in prison, three years of supervised release, a $750,000 fine, and a $300 special assessment.
The case was investigated by the Federal Bureau of Investigation and the Disciplinary Board of the Supreme Court of Pennsylvania, Office of Disciplinary Counsel, and is being prosecuted by Assistant United States Attorney Vineet Gauri.
[1] An Indictment, Information, or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Five Men Charged with 2009 Kidnapping and MurderRead the Press Release
United States Attorney Deirdre M. Daly, Chief State’s Attorney Kevin T. Kane, Special Agent in Charge Patricia M. Ferrick of the New Haven Division of the Federal Bureau of Investigation, and Hartford Police Chief James C. Rovella, today announced that a federal grand jury in Hartford has returned an indictment charging five men with the kidnapping and murder of Charles Teasley, 35, of West Hartford, in January 2009.
This matter stems from a long-term investigation being conducted by the FBI’s Northern Connecticut Violent Crimes Task Force, Hartford Police Department and the Cold Case Homicide Unit of the Office of the Chief State’s Attorney.
Charged in the indictment, which was returned under seal on March 30, 2017, are:
HAROLD COOK, also known as “Oink,” 40, of Bloomfield
GERUND MICKENS, also known as “Breeze,” 41, of Bloomfield
TERRELL HUNTER, also known as “Rell” and “Killer,” 35, of Hartford
DOUGLAS LEE, also known as “Fly,” 42, of Hartford
JESUS ASHANTI, also known as “Black,” 40, formerly of HartfordThe indictment charges the defendants with one count of kidnapping resulting in death, one count of using a firearm during a kidnapping and causing a death, and one count of using a firearm during a robbery and causing a death. If convicted of the charges, each defendant faces a maximum term of imprisonment of life, or death if the government seeks the death penalty in this matter.
Cook, Mickens and Hunter were arrested on April 4, and Lee was arrested today. They appeared before U.S. Magistrate Judge Robert A. Richardson in Hartford and were ordered detained. Ashanti is presently incarcerated for unrelated offenses.
The indictment alleges that, on January 12, 2009, Hartford Police responded to Colebrook Street in Hartford in response to a citizen’s report of a dead body in the back seat of a vehicle parked on the side of the road. Upon arrival, patrol units located a grey 1999 Acura TL parked on the street. Charles Teasley was found deceased in the back seat of the vehicle. He had suffered multiple gunshot wounds to his head and face, and his hands were zip-tied behind his back.
The indictment alleges that Cook, Mickens, Hunter and Ashanti were involved in committing armed robberies of persons they believed to be drug dealers operating in the greater Hartford area. On January 9, 2009, Cook, Mickens, Hunter and Ashanti planned to commit an armed robbery of an individual who they knew was scheduled to make a sale of cocaine. However, the individual decided not to go forward with drug deal and the robbery attempt was aborted. Lee then advised Cook that Lee had made arrangements to conduct a cocaine transaction with Charles Teasley, also known as “Man.” Lee provided the particulars of the planned transaction to Cook so that Teasley could be kidnapped and robbed of drugs and money.
The indictment further alleges that Lee met with Teasley at the approximate time and location Lee had provided to Cook. Cook, Mickens, Hunter and Ashanti then went to the location and kidnapped Teasley by using zip-ties to bind his hands and forcing him back into his own vehicle. In the vehicle, they threatened Teasley at gun point, assaulted him and forced him to make a telephone call directing his girlfriend to bring to Cook, Mickens, Hunter and Ashanti a safe he had hidden at the residence he shared with his girlfriend. They then drove Teasley to a residential section of Hartford and murdered him.
“The U.S. Attorney’s Office is committed to prosecuting dangerous offenders and reducing violent crime in our cities, and our work will not stop until the shootings and murders stop” said U.S. Attorney Daly. “I thank our partners in the FBI Task Force, Hartford Police Department and Chief State’s Attorney’s Office for their excellent investigative work in bringing to justice those we allege to be responsible for this brutal murder, and their ongoing efforts to solve other cold case murders.”
“I want to take this opportunity to thank all of the agencies involved in this matter,” said Chief State’s Attorney Kane. “It is yet another example of how through collaboration government at all levels can accomplish much, which is particularly important in the current budget climate.”
“The seven years of intense investigative work by law enforcement partners resulting in the five alleged perpetrators of this heinous crime being brought to justice highlights our dedication to ending senseless gun violence in Connecticut,” said FBI Special Agent in Charge Ferrick.
U.S. Attorney Daly stressed that an indictment is only a charge and is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Chief State’s Attorney Kane noted that the unsolved homicide of Charles “Man” Teasley was included in cold case playing cards sold to inmates in Connecticut’s state correctional facilities. Each card in the deck features a photograph and brief details about a homicide or missing person case and lists telephone, mail and e-mail contacts that inmates can use to supply information.
The FBI’s Northern Connecticut Violent Crimes Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
The case is being prosecuted by Assistant U.S. Attorneys John H. Durham, Peter D. Markle and Jocelyn C. Kaoutzanis, and Assistant State’s Attorney Andrew Reed Durham, who has been cross-designated as a Special Assistant U.S. Attorney in this matter.
Five Indicted on Firearm and Drug ChargesRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that DASHAWN LEWIS, age 39; MARK RICHBURG, age 36; LEO CATCHINGS, age 38; NATHAN BALLANSAW III, age 65, all of New Orleans; and, MICHAEL HOLMES, age 37, of Avondale, were indicted today by a federal grand jury for charges of conspiracy to distribute heroin, cocaine hydrochloride, and cocaine base; possessing a firearm in furtherance of a drug trafficking crime; and other offenses.
According to the indictment, since on or about April 22, 2016, LEWIS, RICHBURG, HOLMES, CATCHINGS, and BALLANSAW III, conspired to distribute and possess with the intent to distribute 100 grams or more of heroin, and quantities of cocaine hydrochloride and cocaine base, commonly known as crack cocaine. All of the defendants are also charged with possessing a .38 caliber Smith and Wesson revolver in furtherance of the drug trafficking conspiracy. Finally, LEWIS and HOLMES are also charged with distributing heroin during the conspiracy.
Acting U.S. Attorney Evans reiterated that the Indictment is merely an allegation and that the guilt of the defendants must be proven beyond a reasonable doubt.
Acting U.S. Attorney Evans praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
Federal Prosecutors Warn Potential Tax Cheats: Tax Crimes Result in Criminal Prosecution, Lengthy Prison Sentences, and FinesRead the Press Release
CHARLOTTE, NC - With the deadline for filing income tax returns rapidly approaching, Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina, and Thomas J. Holloman, III, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office, jointly announce recent tax fraud prosecutions and sentencings, and deliver a powerful warning to those who are thinking about breaking the law by committing tax crimes.
“As tax filing season reaches its peak, we are putting would-be tax cheats on notice: My office will prosecute those who try to cheat the tax system at the expense of honest taxpayers who file their returns on time and pay the taxes they owe. Our tax system is built on voluntary compliance and tax criminals who do not pay their fair share increase the tax burden on law-abiding taxpayers,” said U.S. Attorney Rose.
“The 2017 income tax filing season is soon coming to a close, however, special agents of the IRS – Criminal Investigation work year-round to combat criminal violations of the Internal Revenue Code and related financial crimes. Agents in the Charlotte Field Office have pursued, and will continue to pursue, those who prepare returns fraudulently, steal and misuse identities, and those who take extraordinary measures to conceal their income in an effort to evade their tax responsibility,” said Special Agent in Charge Thomas J. Holloman, III. “To build faith in our nation’s tax system, honest taxpayers need to be reassured that everyone is paying their fair share and we will work vigorously to pursue those who do not.”
TAX EVASION AND FILING FALSE TAX RETURNS
Over the last year, the U.S. Attorney’s Office has prosecuted and convicted numerous individuals for omitting income from their individual tax returns, and defendants have received prison sentences for tax charges. For example, the following individuals have been prosecuted for lying to the IRS about their taxable income:
Matthew Moretz, 31, of Taylorsville, N.C., pleaded guilty to one count of filing a false tax return. From April 2010 to March 2011, Moretz collected unemployment income from the North Carolina Division of Employment. However, beginning in or about March 2010 and continuing through in or about 2013, Moretz was self-employed as the owner of MJM Recycling, a scrap metal business. From tax year 2010 through tax year 2013, Moretz earned additional personal income totaling approximately $529,622.44 that Moretz failed to report on his U.S. Individual Income Tax Returns Form 1040 filed with the IRS. As a result of the unreported taxable income, Moretz had additional tax due and owing of approximately $116,409.38 from 2010 to 2013. Moretz is currently awaiting sentencing.
Patrick Emanuel Sutherland, 48, of Charlotte, was convicted of filing false tax returns and obstructing a federal grand jury investigation. Court documents and trial evidence showed that, from at least 2007 to 2015, Sutherland was an actuary, and the owner and operator of numerous companies in the insurance and financial industries. Between 2007 and 2010, Sutherland engaged in an elaborate scheme to conceal a substantial amount of income, including filing false tax returns with the IRS which underreported business receipts and personal income of approximately $2 million in income received from an offshore bank account in Bermuda, as well as from domestic sources. Sutherland is currently awaiting sentencing.
Reuben T. DeHaan, 44, of Kings Mountain, N.C., was sentenced to 24 months in prison for tax evasion and possession of an unregistered firearm. DeHaan owned a holistic medicine business, which he operated out of his residence in Kings Mountain under the names Health Care Ministries International Inc. and Get Well Stay Well. During the years 2008 through 2014, DeHaan earned more than $2.7 million in gross receipts from his holistic medicine business, but failed to file income tax returns for those years and evaded approximately $678,000 in income taxes due and owing. DeHaan was also ordered to pay 567,665 in restitution to the IRS and $110,449 to the state of North Carolina.
FRAUDULENT RETURN PREPARERS AND STOLEN IDENTITY REFUND FRAUD
Our office diligently works to investigate and prosecute unscrupulous tax return preparers. Examples of prosecutions of tax return preparers during the last year include:
Ramos, formerly of Lincolnton, N.C., was previously sentenced to 48 months in prison for her role in a false claims conspiracy. The conviction stemmed from Ramos’s role in a conspiracy to defraud the government by filing fraudulent tax returns seeking refunds totaling more than $5 million, by using stolen identity information of individuals in Puerto Rico. Ramos fled the United States and failed to report to federal prison after the sentencing. She is awaiting sentencing on charges of obstruction of justice and failure to report and faces additional jail time and fines.
In addition to prosecuting tax evaders and fraudulent tax return preparers, our office also investigates and prosecutes individuals who steal taxpayers’ identities to file fraudulent tax returns. Examples include:
Cara Michelle Banks, Carmichael Cornilus Hill, and Priscilla Lydia Turner conspired with Senita Dill and Ronald Jeremy Knowles, and others, to file false federal and state tax returns using stolen personal identifying information. From 2009 to 2012, this conspiracy defrauded the United States Treasury of over $3.5 million. Banks, Hill, Turner and others stole personal identifying information and then provided it to Dill to file the false returns in exchange for payment. Dill and Knowles used stolen personal information to file over 1,000 false tax returns. Court records show that Hill provided approximately 26 percent of the stolen identifications used to file the fraudulent returns. In 2016, Banks and Hill were sentenced to 70 months and 75 months in prison, respectively. In November 2016, Turner pleaded guilty to aggravated identity theft and is currently awaiting sentencing. Senita Dill was sentenced to 324 months and Knowles to 70 in prison for their roles in the conspiracy.
EMPLOYMENT TAX FRAUD
Our office further investigates the abuse of employment tax fraud such as:
Frank Alton Moody, II, 57, of Arden, the co-founder and former Chairman of the Board of CenterCede Services, Inc., a payroll services company, was ordered to serve 30 months in prison, two years in supervised release, and to pay $2,146,380.97 as restitution, for conspiring to steal over $2 million from client companies. Moody’s co-conspirators, Jerry Wayne Overcash and John Bernard Thigpen, were previously sentenced to 46 months and 21 months in prison, respectively. The three men used the more than $2 million they stole from client companies to fund their exorbitant salaries. Overcash and Thigpen were also ordered to jointly pay $1.3 million as restitution to the victim client companies.
Federal penalties for each count of conviction of tax crimes range from a maximum of one year in prison and a $100,000 fine for failure to file a tax return, false withholding exemptions, and delivering or disclosing false tax documents, to a maximum of 10 years in prison and a $250,000 fine for conspiracy to defraud with respect to false refund claims. Other penalties include a mandatory term of two years in prison and a $250,000 fine for aggravated identity theft charges, three years in prison and a $250,000 fine for obstructing or impeding an investigation and filing or preparing a false tax return, and a maximum of five years in prison and a $250,000 fine for tax evasion, failure to pay taxes, conspiracy to commit a tax offense or conspiracy to defraud.
The U.S. Attorney’s Office and the IRS remind tax payers to exercise caution during tax season to protect themselves against a wide range of tax schemes ranging from identity theft to return preparer fraud. Illegal scams can lead to significant penalties and interest and possible criminal prosecution. IRS Criminal Investigation works closely with the Department of Justice to shutdown scams and to prosecute the criminals behind them. The IRS has issued its annual “Dirty Dozen” which lists common tax scams that taxpayers may encounter, particularly during filing season. Taxpayers are urged look out for, and to avoid, the following common schemes:
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Phishing
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Phone Scams
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Identity Theft
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Return Preparer Fraud
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Fake Charities
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Inflated Refund Claims
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Excessive Claims for Business Credits
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Falsely Padding Deductions on Returns
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Falsifying Income To Claim Credits
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Abusive Tax Shelters
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Frivolous Tax Arguments
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Offshore Tax Avoidance
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Education is the best way to avoid these common schemes. To learn more about the Dirty Dozen scams and for help with recognizing and avoiding abusive tax schemes, the IRS offers educational material at www.irs.gov. Suspected tax fraud can be reported to the IRS using Form 3949-A found on the IRS.gov website.
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Federal Monitor finds Seattle Police Department in Initial Compliance with Use of Force Requirements of Consent DecreeRead the Press Release
SEATTLE – A comprehensive assessment of the Seattle Police Department’s (SPD) uses of force from July 2014, through October 2016, has found SPD in initial compliance with requirements of the Court-ordered agreement with the Department of Justice (DOJ). Federal Monitor Merrick Bobb filed the formal assessment with the U.S. District Court today and concluded that the finding of initial compliance with the use of force provisions of the consent decree “represents a singular and foundational milestone on SPD’s road to full and effective compliance – and represents Seattle crystallizing into a model of policing for the 21st century.”
Monitor – working closely with DOJ and a team of other enforcement experts – reviewed data relating to SPD’s use of force for a two-and-a-half-year period and found that officers are effectively implementing SPD’s revised use of force policies. assessment concludes: “In the vast majority of instances, officer force appeared necessary, proportional, and objectively reasonable under the circumstances – with a number of incidents featuring superior examples of officers strategically de-escalating situations in order to minimize the nature of the threat while potentially mitigating the severity of force that needed to be used.” Notably, the Monitor found that these improvements in officers’ use of force did not result in more officer injuries or an increase in crime.
“This positive assessment is a credit to the men and women of SPD, from line officers to command staff. They have embraced reform, made it their own, and fundamentally changed what is happening on the streets of Seattle,” said Annette L. Hayes, U.S. Attorney for the Western District of Washington. “The findings demonstrate that rigorous policies are in place, high-quality training and supervision have been implemented, proper reporting and investigation is happening, and appropriate levels of force are being used. Also important, police experts found that because SPD is collecting data on uses of force, SPD is able to critically analyze and address issues as they come up. SPD has reached a major milestone in its reform efforts. I commend city leaders for making reform meet city needs including officers and diverse communities alike.”
The assessment examined three interrelated areas of officer activity, aggregated trends of when force is used, and an in-depth analysis of those incidents in which officers deployed force. The Monitor divided the data from the 28 months into two time periods to analyze trends and make comparisons. Among the important findings are:
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SPD officers used less force, and less significant types of force:
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Overall use of force rates are down – both over the past 28 months and compared to the DOJ investigation period of 2009-2011;
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Less-lethal instruments are used infrequently – with baton use dramatically declining from the time period before and during DOJ’s investigation;
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Low-level, type I force incidents spiked initially and continue to make up a large portion of all force used, but even that level of force has trended downward recently;
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The typical SPD officer uses force very infrequently, and while a small group of officers use force more frequently than their peers, they do not use different, or more serious force, than SPD officers who used force less.
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Force has gone down without officer injuries going up.
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Force has gone down without crime going up, demonstrating that constitutional policing does not require sacrificing public safety.
As determined by the Monitoring Team’s law enforcement and other experts, officer force is systemically consistent with the law and the heightened requirements of SPD policy. Specifically, the Monitor found that officers used force that was consistent with SPD policy, necessary under the circumstances, and proportional and reasonable more than 99 percent of the time. Officers also complied with the duty to de-escalate in 99 percent of cases where that duty was applicable. For intermediate-level Type II and serious Type III force from the more-recent 14-month period, which is analogous to the moderate and serious uses of force identified and analyzed in the 2011 DOJ investigation, nearly 96 percent of force incidents were consistent with SPD policy.
The Monitoring Team found no cases in which an officer used force to address someone who was only verbally confrontational, nor did officers use inappropriate force on handcuffed and restrained individuals. Critically, in the small number of cases in which the force used was found to be unnecessary, disproportional, or unreasonable – or there was a failure to de-escalate consistent with SPD policies – the Monitor found that most of the time entities and structures within SPD identified the problem. As a result, the Monitor concluded that “when an officer performs in manner contrary to SPD’s use of force policy, the Department is able to catch and correct the error.”
In contrast, in 2011, DOJ found that SPD officers used force “in an unconstitutional manner” at an unacceptable rate; “too quickly resort[ed] to the use of impact weapons” such as batons; too frequently “escalate[d] situations and use[d] unnecessary or excessive force when arresting individuals for minor offenses,” especially individuals experiencing a behavioral crisis, rather than de-escalating situations; and too frequently used excessive force against individuals who “talk-back” but otherwise pose no physical danger, such as individuals who are already restrained by handcuffs. DOJ concluded that systemic and structural deficiencies, including inadequate policies and training, especially relating to force weapons and de-escalation techniques, were the root causes of the problems identified in its investigation. The Monitor concludes in his assessment that “many of the issues identified in the DOJ’s investigation with respect to the application of force have been eliminated or, otherwise, substantially eliminated” through SPD’s efforts.
The Monitor did find racial disparities in the population against whom force was used, but found no statistically significant disparities with respect to the type or severity of force used. Under the Consent Decree, the City has committed itself to identifying and working to address unwarranted disparate impact, and those efforts will be the subject of a forthcoming assessment.
Previous assessments found SPD to be in initial compliance with requirements relating to crisis intervention, the Office of Professional Accountability, use of force reporting and investigation (including a recent follow-up assessment of Type II investigations), the Force Review Board, supervision, and the Early Intervention System. The Monitor also examined public confidence and community trust regarding SPD.
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Federal Jury Finds Greenville Man Guilty in Firearms Trial in AndersonRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake announced today that a jury returned a guilty verdict following a two-day jury trial in federal court in Anderson, South Carolina, finding Carlton Tyrone Nash, age 37, of Greenville, guilty of possession by a firearm and ammunition by a felon. The trial wrapped up yesterday afternoon and was held before United States District Judge Timothy M. Cain of Anderson. Judge Cain will impose a sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
The government presented multiple witnesses during the course of the trial. Witness testimony and the evidence presented by the government at trial established that in the early morning hours of Tuesday, March 22, 2016, the defendant, Carlton Tyrone Nash, while wearing a Hillary Clinton mask, forced entry into a residence and fired a shot from the .25 caliber pistol he obtained earlier that day. The shot barely missed one of the residents of the house. Nash then dragged that resident from the home at gunpoint into the street where a fight ensued. While Nash and his initial victim were fighting, the victim’s roommate exited the house with a baseball bat, striking Nash in the head with the bat. After a blow to the head from the bat, Nash removed his now bloodied mask revealing his identity to the victims. Nash dropped the gun during the scuffle in the street and left his mask behind as he fled the scene.
After receiving a 911 call from the initial victim, members of the Greenville County Sheriff’s Office (GCSO) responded within minutes. A forensic technician from the Greenville County Forensic Division arrived shortly thereafter to process the scene and collect evidence. Experts from the Greenville County Forensics Division were able to match Nash’s DNA to the blood in the recovered mask. Based on their investigation, GCSO investigators were able to obtain an arrest warrant for Nash and arrested him just days after the offense.
Working in concert with GCSO through the multi-agency initiative “Operation Real Time”, Special Agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) served a federal arrest warrant on Nash shortly after his state arrest. Nash, after being advised of his Miranda rights, admitted to ATF agents that he had the mask and the gun. Nash has been detained since this incident and remains in custody.
Again, this case was expedited for federal investigation and prosecution through “Operation Real-Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the upstate community. In addition to the Greenville County Sheriff’s Office and the Bureau of Alcohol, Tobacco, and Firearms, Real Time’s core partners include the Greenville Police Department, the Anderson Police Department, the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, United States Probation, the Department of Homeland Security, the Federal Bureau of Investigation, the Drug Enforcement Administration, the 13th Circuit Solicitor’s Office, and the United States Attorney’s Office. Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 90 defendants and seizure of over 125 firearms as well as assorted ammunition from prohibited persons.
Greenville County Sheriff Will Lewis and his office are crucial partners in this effort. "The Greenville County Sheriff's Office is committed to removing illegal weapons from violent offenders and are very glad to be a part of this program and will offer any assistance we can."
“ATF is extremely appreciative of our partners and this collaborative effort to make our communities safer,” said Charlotte Field Division’s Special Agent in Charge C.J. Hyman. “ATF has committed our resources to help tackle illegal firearms possession and violent crime. That commitment, combined with the cooperation of the Greenville County Sheriff’s Office and other local law enforcement agencies, our federal partners, the 13th Circuit Solicitor’s Office and the U.S. Attorney’s Office, has resulted in a very successful effort with a long-term impact on violent crime in the upstate and beyond.”
U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case, “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
The case was investigated by the Greenville County Sheriff’s Office, the Greenville County Forensic Division, the South Carolina Law Enforcement Division (SLED), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Bill Watkins and First Assistant United States Attorney Lance Crick prosecuted the case.
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Federal Grand Jury Returns Multiple Indictments in Beaumont, TexasRead the Press Release
BEAUMONT, Texas –A federal grand jury returned multiple indictments this week charging individuals with separate federal crimes in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston.
Martin Gutierrez, 22, of Harlingen, Texas, was indicted on charges of assaulting a federal officer. If convicted, he faces up to eight years in federal prison. According to the indictment, in November 2016, while an inmate with the Bureau of Prisons, Gutierrez assaulted correctional officers on at least two separate occasions. This case is being investigated by the Federal Bureau of Prisons and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Jonathan Derick Hickey, 35, of Orange, Texas, was indicted on charges of possession with intent to distribute methamphetamine and being a felon in possession of a firearm. If convicted, he faces from 10 years to life in federal prison. According to the indictment, on Jan. 17, 2017, Hickey was arrested following a traffic stop during which officers discovered a large amount of methamphetamine and cash in his vehicle. This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Orange County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Terence Millsaps, 51, of New Orleans, LA, was indicted on charges of assaulting a federal officer. If convicted, he faces up to eight years in federal prison. According to the indictment, while an inmate with the Bureau of Prisons, Millsaps assaulted a correctional officer. This case is being investigated by the Federal Bureau of Prisons and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Eva Renee Powell, 50, of Vidor, Texas, was indicted on charges of bank robbery. If convicted, she faces up to 20 years in federal prison. According to the indictment, on May 30, 2016, Powell robbed the Capital One Bank in Orange, Texas. This case is being investigated by the Federal Burea of Investigation and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Enrique David Vanegas, 52, of El Salvador, was indicted for being a criminal alien present in the United States after having been previously deported. If convicted, he faces up to two years in federal prison to be followed by deportation. This case is being investigated by the HSI-ICE and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Fair Oaks Man Sentenced to Nearly 5 Years in Prison for Opening Bank Accounts Using IDs Stolen from U.S. MailRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Morrison C. England Jr. sentenced Trevor Kintaro Lichnock-Gembe, 29, of Fair Oaks, today to four years and 10 months in prison for bank fraud, aggravated identity theft, and unlawful possession of identification documents of others, United States Attorney Phillip A. Talbert announced.
According to court documents, between June 14, 2015, and June 1, 2016, Lichnock-Gembe and co-defendant Shellby L. Moore, 29, of Sacramento, stole mail and obtained other stolen property containing personal and financial information of victims from residential and vehicle burglaries in Placer County, Sacramento County, and El Dorado County. Lichnock-Gembe and Moore used stolen mail and victim identification and financial information to alter and manufacture checks that were cashed at the expense of local banks and credit unions. Lichnock-Gembe possessed over five different stolen victim identifications, and he and Moore opened bank accounts using the stolen personal and financial information in order to deposit stolen checks and withdraw cash. Lichnock-Gembe was arrested on June 1, 2016, while leaving a Sacramento apartment complex at which he had just stolen mail.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “Postal Inspectors worked closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those individuals responsible for thefts of mail and identity theft crimes committed against the public.”
This case is the product of an investigation of the United States Postal Inspection Service with assistance from the Sacramento County Sheriff’s Office. Assistant United States Attorney Michelle Rodriguez is prosecuting the case.
On March 13, 2017, Moore pleaded guilty to aggravated ID theft and using methamphetamine while in federal custody. She is scheduled for sentencing on June 8, 2017, before Judge England. Moore faces a maximum statutory penalty of five years in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
FBI Rocky Mountain Safe Streets Task Force and Douglas County Sheriff's Office Arrest Man for Bank RobberyRead the Press Release
DENVER – Clayton Emery Catlin, age 44, was arrested yesterday in Highlands Ranch without incident for bank robbery, Acting U.S. Attorney Bob Troyer and FBI Denver Division Special Agent in Charge Calvin Shivers announced. Catlin made his initial appearance before a Magistrate in U.S. District Court in Denver this afternoon where he was advised of his rights and the charges pending against him. Catlin is due back in court on April 11, 2017 at 10:00 a.m. for a detention hearing and preliminary hearing.
According to the facts outlined in the Criminal Complaint affidavit, on March 24, 2017, the defendant robbed the TCF Bank located at 7206 Federal Blvd in Westminster. Clayton was on federal probation for a bank robbery approximately one decade ago.
If convicted, the defendant faces not more than 20 years in federal prison, and up to a $250,000 fine.
The arrest was made by the FBI Rocky Mountain Safe Streets Task Force and the Douglas County Regional SWAT Team. The investigation was conducted by the FBI Rocky Mountain Safe Streets Task Force. The defendant is being prosecuted by Assistant U.S. Attorney Kurt Bohn.
A Criminal Complaint is a probable cause charging document. Anyone accused of committing a felony violation of federal law has a Constitutional right to be indicted by a grand jury. The charges in the Complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.
Eufaula Man Sentenced to 30 Months, $544,000 Restitution for Wire FraudRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CRAIG DUANE GREENLEE, age 34, of Eufaula, Oklahoma, was sentenced to 30 months imprisonment and 3 years of supervised release for WIRE FRAUD, in violation of Title 18, United States Code, Section 1343.
The Information alleged that beginning in or about 2012 and continuing through April 2016, within the Eastern District of Oklahoma and elsewhere, CRAIG DUANE GREENLEE, knowingly, and with the intent to defraud, devised and executed a scheme to defraud the victim by falsely representing that the victim could obtain a farm tractor and trailer. GREENLEE continued to use wire communications to defraud multiple victims of over $500,000.00. The court ordered restitution in the amount of $544,000.00 to be paid to the victims.
The charge arose from an investigation by the Federal Bureau of Investigation.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain out on bond until reporting to the designated Bureau of Prisons facility on May 9, 2017, at which the nonparoleable sentence will be served.
Acting United States Attorney Douglas A. Horn represented the United States.
El Departamento de Justicia Resuelve Una Denuncia de Discriminación Contra una Empresa de Asistencia en Carretera en el Estado de la FloridaRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia llegó a un acuerdo hoy con Brickell Financial Services Motor Club, Inc., cuyo nombre comercial es Road America Motor Club, Inc. («Road America»), con sede en Miami, Florida. El acuerdo resuelve la investigación que el Departamento llevó a cabo para determinar si la empresa había violado la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al discriminar a inmigrantes con autorización para trabajar a la hora de verificar dicha autorización para trabajar.
El Departamento concluyó, con base en su investigación, que Road America había solicitado de forma rutinaria a residentes permanentes legales que mostraran su tarjeta de residencia permanente para demostrar su autorización para trabajar mientras que no pidieron documentos específicos a ciudadanos estadounidenses. En muchos casos los residentes permanentes legales y ciudadanos estadounidenses disponen de los mismos documentos de autorización para trabajar, y los residentes permanentes legales pueden elegir otros documentos aceptables aparte de su tarjeta de residencia permanente para demostrar que tienen autorización para trabajar. Más aún, la investigación reveló que Road America había obligado a empleados que son residentes permanentes legales a restablecer su autorización para trabajar al vencerse sus tarjetas de residencia permanente, aunque los reglamentos federales prohíben prácticas de esa clase. La disposición antidiscriminatoria de la INA prohíbe a los empleadores someter a sus empleados a requisitos documentales innecesarios por motivos de su ciudadanía o nacionalidad de origen.
«Al comprobar la autorización que sus empleados tienen para trabajar, los empleadores no deben imponer barreras innecesarias por motivos de la ciudadanía o nacionalidad de origen de tales individuos», afirmó el Fiscal General Auxiliar en funciones, Tom Wheeler, de la División de Derechos Civiles. «Los empleadores deben asegurarse de que están al tanto de sus responsabilidades y obligaciones legales para evitar la discriminación, y aplaudimos a Road America por comprometerse a hacerlo a través de este acuerdo.».
Conforme el acuerdo, Road America pagará sanciones civiles de $34.200 y pagará $1.044 para compensar a un trabajador que perdió salario a causa de las prácticas documentales injustas. Asimismo, Road America ha acordado publicar avisos para informarles a los trabajadores acerca de sus derechos bajo la disposición antidiscriminatoria de la INA, capacitar a su personal de recursos humanos y someterse a los requisitos de supervisión del Departamento.
La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés), que anteriormente se conocía como la Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas con la Inmigración, que pertenece a la División, es responsable de aplicar la disposición antidiscriminatoria de la INA. Entre otras cosas, esta ley prohíbe la discriminación por motivos de estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; la discriminación en el proceso de verificación de la elegibilidad para trabajar; las represalias y la intimidación.
Para más información sobre protecciones contra la discriminación en el empleo en virtud de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1 800 255-7688 (1 800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); matricúlese para un seminario en línea gratuito; mande un correo electrónico a [email protected] o visite la página web de la IER en inglés o español.
Aquellos postulantes o empleados que creen haber sido sometidos a otros requisitos documentales por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen, o a la discriminación por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.
SETTLEMENT AGREEMENT
Durham Men Sentenced to Decades in Prison for Home Invasion Robbery and ShootingRead the Press Release
RALEIGH – United States Attorney John Stuart Bruce announced that yesterday in federal court, Chief United States District Judge James C. Dever, III, sentenced two Durham men, JAMES STEPHEN THORPE, 25, to 480 months imprisonment followed by 5 years of supervised release and JOSHUA RAYSHAWN MELVIN, 23, to 444 months imprisonment, followed by 5 years of supervised release. The defendants were found guilty following a jury trial before Chief Judge James C. Dever, III, of Conspiracy to Interfere With Commerce by Robbery, Interfering with Commerce by Robbery, and Discharging a Firearm During and in Relation to a Crime of Violence.
THORPE and MELVIN, along with two co-conspirators Jahid Preston Diggs and Ervin Montez Alston, Jr., were indicted by a federal grand jury on March 16, 2016. Diggs and Alston were previously sentenced for their role in these crimes. Diggs was sentenced to 180 months imprisonment and Austin to 192 months imprisonment.
Evidence presented at trial established that THORPE, MELVIN, and others conspired to rob one of the victims of the proceeds of a local nightclub, for which the victim was a promoter. The defendants affixed a GPS tracking device to the victim’s vehicle in an effort to track his whereabouts and to determine the location of his residence.
On or about March 16, 2015, THORPE, MELVIN, and others traveled to the victim’s Morrisville residence and conducted a violent home-invasion robbery. Multiple victims were present during the robbery, including a female child and her mother. The child was pulled from her mother’s arms, forced into a bedroom, and threatened to be drowned as the robbers demanded money from the other victims. When an adult female victim attempted to intervene, she was beaten and forced to the ground. The intended target of the robbery was shot before jumping to the ground from a second story balcony. The defendants then led police on a car chase as they fled.
U.S. Attorney Bruce stated: “Attorney General Sessions has directed that U.S. Attorneys’ Offices step up their work, in partnership with state and local law enforcement, on effective strategies to reduce violent crime. This includes federal prosecution of persons responsible for significant violent crimes in our respective districts. This case is an excellent example of how this strategy can work.”
The case was investigated by the Federal Bureau of Investigation’s Raleigh Durham Safe Streets Task Force, the Morrisville Police Department, and the Durham County Sheriff’s Office.
Department of Justice Compensates Victims of State Sponsored TerrorismRead the Press Release
In honor of National Crime Victims’ Rights Week, Acting Assistant Attorney General for the Criminal Division Kenneth A. Blanco announced today that the Criminal Division has made payments totaling more than $800 million from the U.S. Victims of State Sponsored Terrorism Fund (the Fund) to compensate thousands of U.S. victims of international acts of terrorism by state sponsors of terrorism. These individuals, many of whom have been waiting years for compensation, include the Iran hostages held from 1979 to 1981 and their spouses and children, and victims of the embassy bombings in Kenya and Tanzania, the attack on the U.S.S. Cole, and other international terrorist incidents. The more than $800 million in payments have been issued to victims, their family members and survivors. The Fund will continue making payments in the coming weeks that will bring the total to over $1 billion.
The Fund was established by legislation in 2015 and is administered by the Money Laundering and Asset Recovery Section in the Criminal Division. Congress authorized the department to deposit certain forfeiture proceeds, penalties and fines into the Fund if they come from civil and criminal matters involving prohibited transactions with state sponsors of terrorism. Originally, Congress provided $1.025 billion for payments to victims, and recent Justice Department prosecutions and U.S. government enforcement actions have increased the total available for initial payments to more than $1.1 billion.
On May 17, 2016, the Attorney General appointed Kenneth R. Feinberg, Esq., as the Special Master to administer the Fund with the assistance of the Money Laundering and Asset Recovery Section, Criminal Division. The Special Master rendered 2,332 eligibility decisions by December 2016, and in February 2017, the department informed all eligible claimants of their initial payment amounts.
“The Criminal Division aggressively prosecutes terrorist financiers and others who abuse the U.S. financial system to commit crimes, and uses all available tools, including civil and criminal forfeiture, to seize their assets and illicit funds,” said Acting Assistant Attorney General Blanco. “Through this program, we will continue to be resolute in our commitment to victims of state sponsored terrorism and aggressively search for illicit funds and assets to compensate them for their losses. I am so proud of the wonderful work done by the Criminal Division and Special Master to vindicate the rights of these victims.”
According to the Special Master, “[s]ince the Act’s enactment in December 2015, the Department of Justice team administering the Fund has been extremely busy. The team worked expeditiously to set up the compensation program by publishing its Federal Register notice and establishing a claims processing system, adjudicating all claims and issuing eligibility decisions and award payments to innocent victims of state-sponsored terrorism who have been waiting a long time for justice. I am very pleased with the accomplishments of the entire Fund team, who undertook their work in meeting statutory deadlines with deep commitment and compassion for those whose lives were forever changed by events of international terrorism. With this strong foundation, I know the Fund team will continue to work hard and carry out its mission in the upcoming years.”
The Fund continues to accept applications and to collect deposits for future payments as authorized by the Act for the ten-year life of the Fund. Victims and their family members can be assured that their claims will be processed promptly, fairly and transparently. More information about the Fund’s compensation to victims of state sponsored terrorism is available on the Fund’s website at www.usvsst.com, such as application materials, frequently asked questions (FAQs) and publications including the Federal Register notice and a report to Congress. Further questions may be directed to the Criminal Division’s Money Laundering and Asset Recovery Section.
Every year in April, the Justice Department’s Office for Victims of Crime (OVC) helps lead communities throughout the country in their annual observances of National Crime Victims' Rights Week (NCVRW), which runs from April 2–8, 2017. This year’s theme – Strength. Resilience. Justice. – reflects a vision for the future in which all victims are strengthened by the response they receive, organizations are resilient in response to challenges and communities are able to seek collective justice and healing. Further information on this event can be found on the Office of Justice Programs’ website at https://ovc.ncjrs.gov/ncvrw2017/.
Dallas County Man Who Fired Numerous Shots at Officer with Ennis Police Department During a High Speed Pursuit Sentenced to 480 Months in Federal PrisonRead the Press Release
DALLAS — A Lancaster, Texas, Man, Javier Martinez, 24, was sentenced today before U.S. District Judge Jane J. Boyle to 480 months in federal prison for his involvement in an attempted kidnapping and then subsequently firing numerous shots at an officer with the Ennis Police Department during a high-speed pursuit, announced U.S. Attorney John Parker of the Northern District of Texas.
In October 2016, Martinez pleaded guilty to one count each of conspiracy to commit kidnapping; possession with intent to distribute cocaine; possession with intent to distribute heroin; using, carrying, and brandishing a firearm during or in relation to a crime of violence; and possession of a firearm in furtherance of a drug trafficking crime. Martinez has been in custody since the time of his arrest in September 2016.
Co-defendants Jose Cardenas Aguirre, 25, and Maria Guadalupe Bello, 22, were sentenced in March 2017. Aguirre was sentenced to 324 months in federal prison. Bello was sentenced to 18 months in federal prison. Co-defendants Melissa Trevino, 23, and Indolfo Martinez, 47, who is Javier Martinez’s father, have pleaded guilty to their roles in the kidnapping, cocaine and heroin distribution, and/or firearm offenses and are awaiting sentencing later this month. One remaining defendant charged in the case, Jonathan Benitez, remains a fugitive.
“The sentences in these cases reflect the horrific and stunningly brazen nature of these crimes,” said US Attorney Parker. “Extremely violent criminals like these will continue to be a high priority for my office.”
According to documents filed in the case, on July 12, 2016, Martinez, along with Aguirre and Trevino, planned to kidnap another individual because of an unpaid drug debt involving cocaine. During the planned kidnapping, Martinez and Aguirre wore ballistic vests and black camouflage clothing. The kidnapping was unsuccessful, and as Martinez, Aguirre, and Trevino fled the scene, they were engaged in a high-speed chase with officers with the Ennis Police Department. During this pursuit, Martinez, using an AR-156 style rifle, fired numerous shots at a police officer. Martinez led, supervised, and organized this planned kidnapping.
Between December 2015, and continuing to July 2016, Martinez conspired to possess with intent to distribute cocaine and heroin. On February 5, 2016, Martinez possessed a firearm in furtherance of these drug trafficking crimes.
In addition, according to the factual resume, on January 7, 2016, Martinez sold another individual one ounce of heroin and offered to sell that same individual one kilogram of heroin for $40,000. During that same conversation, Martinez offered to sell the same individual an AK-47 for $7,000 and an AR-15 rifle for $1,500. On April 11, 2016, Martinez sold three ounces of heroin and two AR-15’s to another individual; these drug and gun sales took place at his residence.
The case was investigated by the Ennis Police Department and the FBI’s Violent Gang Taskforce. Assistant U.S. Attorney P.J. Meitl prosecuted.
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Cyber Criminal Pleads Guilty to Involvement in Long-Running Fraud Scheme Using Overseas Call CentersRead the Press Release
Earlier today, Hani Kabbara pleaded guilty to conspiracy to commit wire fraud. The plea was entered before United States Magistrate Judge Steven M. Gold at the federal courthouse in Brooklyn.
The guilty plea was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI).
“In this 21st century version of an age-old scam, Kabbara conned unwitting victims, many of them elderly, into sending hundreds of thousands of dollars to himself and his co-conspirators,” stated Acting United States Attorney Rohde. “This Office is committed to protecting innocent victims targeted by predators like Kabbara who operate in cyberspace.”
“Kabbara preyed on well-intentioned victims, many who were in the U.S. and elderly, when he used a telephone scheme to extort them under the guise a loved one had been arrested and the victim needed to send money in order for the grandchild to be released from jail,” stated FBI Assistant Director in Charge Sweeney. “He masterminded his schemes from what he thought was the safety of his home in Canada, hiding behind encrypted chats and online monikers. Facing up to 20 years in prison puts an end to his calculating, criminal ways. This case again showcases the commitment of the FBI’s Cyber Task Force to investigate those involved in cybercrime and bring them to justice, no matter where in the world they may reside.”
Between February 2014 and August 2016, Kabbara, also known as “The Mayor,” ran a sophisticated scheme that used overseas call centers to extort money from unsuspecting victims, many of them elderly, in the United States. Kabbara and his co-conspirators used various threats and deceit, for example telling the victim that a grandchild had been arrested and the victim needed to send money in order for the grandchild to be released from jail. Kabbara and the co-conspirators demanded payment from his victims in the form of MoneyPaks, which are vouchers that can be loaded with cash and then used to fund prepaid debit cards. The defendant sold the MoneyPaks in online criminal forums or, with his co-conspirators, transferred the funds onto prepaid debit cards that had been obtained using stolen identities. The defendant and his co-conspirators, who communicated with each other anonymously in cyberspace through dark web forums and encrypted chat applications, then used a crew of workers in and around the New York area to withdraw funds from the debit cards, consolidate the cash and send it back to the defendant in Canada.
When he is sentenced by United States District Judge Margo K. Brodie on July 6, 2017, Kabbara faces up to 20 years in prison, as well as criminal forfeiture and fines.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorney Una A. Dean is in charge of the prosecution.
The Defendant:
HANI KABBARA
Age: 32
Quebec, Canada
E.D.N.Y. Docket No. 16-CR-472
Crime Victims, Survivors, Good Samaritans and Community Members Honored at Event Marking National Crime Victims' Rights WeekRead the Press Release
WASHINGTON - U.S. Attorney Channing D. Phillips and the Victim Witness Assistance Unit of the U.S. Attorney’s Office for the District of Columbia paid tribute today to crime victims, their families, witnesses, community members, and Good Samaritans for their bravery, compassion, and dedication to the pursuit of justice.
The honorees were recognized by the U.S. Attorney’s Office during an event at the Ceremonial Courtroom of the District of Columbia Court of Appeals. The ceremony was timed with the annual observance of National Crime Victims’ Rights Week. This year’s national theme, “Strength, Resilience, Justice,” reflects a vision for the future in which victims grow stronger from the response they receive, organizations show resilience in response to challenges, and communities are able to seek collective justice and healing.
“All of us are inspired by the strength and resilience shown by victims and witnesses in their pursuit for justice,” said U.S. Attorney Phillips. “The people being honored today include men, women, and children who have shown incredible courage and perseverance throughout the criminal justice process. They represent the remarkable commitment that we see every day from victims, witnesses, and the members of the community who respond to their needs.”
The featured speakers were Gerfa Lunsmann and her son, Kevin, of Virginia, who were kidnapped by armed gunmen in July of 2011 from a beach cottage where they were vacationing in the Philippines. The kidnappers forced Ms. Lunsmann and Kevin, then 14, into a boat and took them to another island, where they held them for ransom and threatened them with death. Throughout the ordeal, in the United States, Heiko Lunsmann worked with law enforcement in hopes of getting his wife and son back home safely.
The kidnappers held Ms. Lunsmann for 82 days before her release. Kevin remained a hostage until he managed to escape after a total of 151 days in captivity. As he described it in his remarks today, “Every day was just a struggle to survive.” Both talked about the physical, mental and emotional traumas they suffered and the power of resilience and recovery.
In addition to the Lunsmann family, the U.S. Attorney’s Office today honored other individual victims, survivors, and Good Samaritans whose efforts furthered the cause of justice. For example, the honorees included a robbery victim whose powerful statement at sentencing brought one of his assailants to tears; a child who witnessed his mother’s murder and advocated on her behalf throughout the court process, and three citizens who came to a woman’s rescue as she was about to be raped on a weekday morning in downtown Washington.
The honorees also included an off-duty police officer from Georgia who stepped into action after he saw someone robbing a homeless man in July 2014 near an abandoned building at Fourth and G Streets NW. The officer, who was in town for the week, flagged down police officers, provided comfort to the victim, and positively identified the assailant, who was in possession of the victim’s coins. The officer returned to the District of Columbia to be a witness at the defendant’s trial. Once the defendant saw him in the courtroom, he pled guilty to the crime; he later was sentenced to three years in prison.
The U.S. Attorney’s Office also paid special recognition to two interpreters who assist victims and witnesses, as well as two people who help child victims with the challenges of going back to school after undergoing a trauma.
Today’s event was developed and organized by the Victim Witness Assistance Unit of the U.S. Attorney’s Office. Members of the Unit provide essential services and support to victims and witnesses, such as making referrals for counseling and other services, addressing safety concerns, arranging travel, and accompanying victims to court proceedings. The Unit also notifies victims of their rights and provides information regarding significant case events, such as the filing of charges, plea hearings, trials and sentencing hearings.
Additional information about the Victim Witness Assistance Unit is available at https://www.justice.gov/usao-dc/victim-witness-assistance
Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/.
Coral Gables Woman Sentenced for Skimming Social Security and Medicaid Benefits from Mentally Ill and Elderly BeneficiariesRead the Press Release
Tampa, FL – U.S. District Judge Mary S. Scriven has sentenced Ilfrenise Charlemagne (68, Coral Gables) to 33 months in federal prison for wire fraud. She pleaded guilty on November 8, 2016.
According to court documents, starting in 2008, Charlemagne owned and operated Hilcrest Residential ALF, an assisted living facility in St. Petersburg for the aged and mentally ill. The majority of the funds used to operate Hilcrest came from the Medicaid and Social Security benefits of the residents. In May 2011, the Florida Agency for Health Care Administration (AHCA) forcibly closed Hilcrest after determining that the facility was heavily infested with bedbugs and roaches; that residents were found to be unkempt with evidence of confusion and disassociation; that residents were hungry and underfed; that Charlemagne failed to provide residents with a safe and sanitary living environment; and that residents were at risk of serious injury and major health problems. In October 2011, Charlemagne entered into a settlement agreement with AHCA promising not to own or operate an ALF for a period of five years.
That same month, Charlemagne changed Hilcrest’s name to Pleasant Alternative and began the process of reopening. She applied to AHCA for a license to operate an ALF using the identity of a straw owner. In 2012, Charlemagne reopened the ALF at the same location and again began housing Medicaid and Social Security beneficiaries who were primarily mentally ill adults. By April 2013, AHCA again shut down the facility, finding that was no heat or air conditioning; that residents weren’t provided with adequate medication or food; that rodents, vermin, and debris were found throughout the facility; and that the facility posed a serious and immediate danger to the residents and the public. During her time operating the ALFs, Charlemagne diverted the more than $1 million in government benefits intended for the care and housing of her residents. She used some of the monies for her own personal use, including cash withdrawals, credit card payments, car payments, and rent, among other things.
This case was investigated by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services - Office of Inspector General, the State of Florida Medicaid Fraud Control Unit, and the Social Security Administration - Office of the Inspector General. It was prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.
Colbert County Man Sentenced to Eight Years in Prison for Shipping Meth via U.S. MailRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Colbert County man to more than eight years in prison for drug distribution that included an attempt to ship methamphetamine from Los Angeles to the Colbert County town of Leighton using the U.S. Mail, announced Acting U.S. Attorney Robert O. Posey and U.S. Postal Inspection Service Inspector in Charge Adrian Gonzalez.
U.S. District Court Judge Abdul K. Kallon sentenced VENNIS MINOSA OATES Jr., 33, of Leighton, to eight years and four months in prison, followed by three years of supervised release. Oates is already in custody. Oates pleaded guilty in January to one count of conspiracy to distribute and possession with intent to distribute methamphetamine, and one count of attempted possession with intent to distribute methamphetamine.
A second Colbert County man, KEELAN SHUNTEZ ROBINSON, 23, of Muscle Shoals, pleaded guilty in October to conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. Judge Kallon sentenced Robinson in January to 1½ years in prison.
Oates and Robinson both were arrested in Leighton in January 2016 after they arrived at the U.S. Post Office there to pick up a suspicious package. Oates drove Robinson to the post office and waited in the car while Robinson went inside to get the package, according to Oates’ plea.
U.S. postal inspectors and members of the Colbert County Drug Task Force and the Alabama Law Enforcement Agency were monitoring retrieval of the package after a resident at the address listed on the parcel initially refused its delivery. The resident said no one named Jeff Hawkins, the package’s listed recipient, lived at the Marthaler Lane address.
After the refused delivery, a postal inspector determined that neither the sender’s name nor the recipient’s name could be associated with either the California shipping address or the Leighton delivery address, and someone identifying himself as “Jeremy” began calling the Leighton Post Office inquiring about picking up the package, according to Oates’ plea.
Following Oates’ and Robinson’s arrests, police obtained a search warrant to open the package. It contained about a pound of methamphetamine and about two pounds of marijuana. Postal inspectors subsequently analyzed inbound and outbound packages with destination addresses similar to the Leighton methamphetamine package and identified 14 inbound and two outbound packages, according to court documents. Oates packaged large amounts of cash and shipped it to California to pay for the illegal drugs, according to his plea.
The Postal Inspection Service, Colbert County Drug Task Force and the ALEA State Bureau of Investigation investigated the case, which Assistant U.S. Attorney Brad Felton prosecuted.
Chesapeake Man Sentenced for Role in Drug Trafficking ConspiracyRead the Press Release
NORFOLK, Va. – A Chesapeake man who arranged cocaine deals for a Honduran cocaine trafficker was sentenced today to four years in prison.
Joseph Jesus Grullon, 26, of Chesapeake, pleaded guilty on January 6. According to court documents, in 2014, Grullon resided in Chesapeake with his mother, Janette Elena Cruz Miller, and her boyfriend, German Alvarado Ponce, the leader of a drug trafficking organization that distributed multi-kilogram quantities of cocaine in the South Hampton Roads area of Virginia. Ponce, a native of Honduras who was in the United States illegally, did not speak English. Grullon assisted Ponce by making phone calls to Ponce’s English speaking drug customers and arranging drug transactions. On July 15, 2014, law enforcement learned Grullon had arranged a sale of 4.5 kilograms of cocaine with one of Ponce’s customers, Kenneth Bell, of Portsmouth. After the transaction was completed, law enforcement searched Bell’s residence and seized approximately 3.6 kilograms of powder cocaine, 394 grams of cocaine base and approximately $194,000 in cash. See table below for information on the co-defendants in this case.
Name
Date of Guilty Plea
Date of Sentencing
Sentence
Janette Elena Cruz Miller
March 16, 2015
June 24, 2015
18 months
German Alvarado Ponce
March 6, 2015
June 2, 2015
240 months
Kenneth Bell
Feb. 11, 2015
Aug. 6, 2015
120 months
Joseph Jesus Grullon
Jan. 6, 2017
Today
48 months
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; Col. K.L. Wright, Chesapeake Chief of Police; and Tonya D. Chapman, Chief of Portsmouth Police Department, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorney Darryl J. Mitchell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-101.