Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
Wednesday 22 March 2017
Stilwell Woman Sentenced to 46 Months for Drug ConspiracyRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that AMBER RENE CLAPHAN, age 34, of Stilwell, Oklahoma, was sentenced to 46 months imprisonment and 5 years of supervised release for DRUG CONSPIRACY, in violation of Title 21, United States Code, Sections 846, 841(a)(1), and 841(b)(1)(A).
The Superseding Indictment alleged that from in or about July 2015, the exact being unknown, until January 27, 2016, the Defendant, conspired with other members of a drug conspiracy to distribute 500 grams or more of a methamphetamine mixture, a Schedule II controlled substance.
The charge arose from a joint investigation entitled “Home of the Brave”, coordinated by the Organized Crime Drug Enforcement Task Force (OCDETF) of the Eastern District of Oklahoma. OCDETF is an initiative led and coordinated by the Office of the United States Attorney. The agencies involved in the investigation were the Oklahoma Bureau of Narcotics, the McAlester Police Department, the Tahlequah Police Department, the Muskogee Police Department, the Cherokee County Sheriff’s Department, Districts 13, 18, 25 and 27 District Attorney’s Drug Task Forces and Violent Crime Task Forces, the Muskogee County District Attorney’s Office, the Seminole Nation Lighthorse Police Department, the Oklahoma Department of Corrections, the Bureau of Indian Affairs and the McAlester, and Tulsa Offices of the Drug Enforcement Administration.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over 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 Shannon Henson represented the United States.
Steelton Man Indicted on Drug and Firearms ChargesRead the Press Release
HARRISBURG- The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Johnnie Spriggs, age 29, of Steelton, Pennsylvania, was indicted by a federal grand jury for conspiracy to possess and possession with the intent to distribute heroin, possession of a firearm in furtherance of drug trafficking, and possession of a firearm by a felon.
According to United States Attorney Bruce D. Brandler, the indictment alleges that on November 12, 2015, a Rossie Arms, .357 caliber Magnum revolver handgun and over 100 grams of heroin were found in Spriggs’ Steelton residence. One hundred grams of heroin is the equivalent of approximately 4,000 individual doses of heroin.
The case was investigated by the Steelton Borough Police Department and the U.S. Drug Enforcement Administration. Assistant U.S. Attorney Scott Ford is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case was also brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is up to life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
St. Francis Woman Charged with Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, woman has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Mary Left Hand Bull, age 26, was indicted on November 9, 2016. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on March 7, 2016, Left Hand Bull and her co-defendant, Lloyd One Star, knowingly and intentionally possessed with intent to distribute methamphetamine, a Schedule II controlled substance.
The charge is merely an accusation and Left Hand Bull is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Left Hand Bull was released on bond pending trial, which has been set for April 25, 2017.
South Florida Resident Sentenced in Connection with Lottery Fraud Scheme Based in JamaicaRead the Press Release
A Broward County, Florida woman was sentenced in Miami, Florida for her role in connection with the operation of a Jamaican-based fraudulent lottery scheme, the Department of Justice announced today.
Cassandra Althea Palmer, 33, was sentenced by U.S. District Judge Marcia G. Cooke to serve 24 months in prison and three years of supervised release. The court scheduled a hearing on May 3, 2017 to determine the amount of restitution that Palmer will pay to the victim.
Palmer pleaded guilty on Dec. 7, 2016, to one count of conspiracy to commit mail and wire fraud. As part of her guilty plea, Palmer acknowledged that from February through April 2014, she was a member of a conspiracy that defrauded a Maryland resident.
“Lottery scammers tied to Jamaica continue to prey on victims in the United States, promising large winnings in a lottery to trick victims into sending money to a member of the scheme, with no return to the victim,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “The Department of Justice is committed to prosecuting those who participate in international lottery schemes, which frequently target elderly or vulnerable Americans.”
Palmer was charged with the conspiracy to commit mail and wire fraud on Oct. 26, 2016. As part of her guilty plea, Palmer agreed that, had the case gone to trial, the United States would have proved the following facts beyond a reasonable doubt: In February 2014, a woman from Worcester County, Maryland, was contacted by an individual in Jamaica and told that she had won a multi-million dollar lottery prize, and that in order to collect her lottery prize, she first had to pay taxes and fees. The victim did not win a lottery prize and would not collect any winnings. Palmer knew about the fraud scheme and agreed with her co-conspirator in Jamaica to participate in the scheme. Palmer participated in the fraudulent scheme in a number of ways. Among other things, she worked with her co-conspirator in Jamaica, to recruit a friend in Maryland to receive $7,500 of the victim’s money. She and her friend kept a portion of the money, and Palmer wire transferred the rest to her Jamaican co-conspirator.
The fraudulent scheme ended when law enforcement officials learned of the fraud. Officials set up a sting, in which an undercover police officer posed as the victim and met Palmer’s friend at a fast food restaurant parking lot in Maryland. The purpose of the meeting was for the victim to hand over $32,500 in cash to Palmer’s friend in order for the victim to claim her purported lottery winnings. Law enforcement arrested Palmer’s friend on the spot, after she received $32,500 in cash from the officer.
“The Postal Inspection Service seeks to end fraud on American citizens, many of whom are vulnerable or older, by those engaged in international lottery schemes,” said Inspector in Charge Daniel B. Brubaker of the U.S. Postal Inspection Service’s Philadelphia, Pennsylvania Division. “Today’s sentencing demonstrates there are no safe havens for those who participate in these types of fraud schemes.”
This prosecution is part of the Department of Justice’s effort to work with federal and local law enforcement to combat fraudulent lottery schemes in Jamaica that prey on U.S. citizens.
Acting Assistant Attorney General Readler commended the investigative efforts of the U.S. Postal Inspection Service, the U.S. Department of Homeland Security, and the Maryland State Police. The case was prosecuted by Trial Attorney David A. Frank of the Civil Division’s Consumer Protection Branch.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Florida, visit its website at https://www.justice.gov/usao-sdfl.
South Florida Man Pleads Guilty to Mail Fraud in Connection with Jamaican-Based Fraudulent Lottery SchemeRead the Press Release
A South Florida resident pleaded guilty for his role in a Jamaican-based fraudulent lottery scheme, the Department of Justice announced today.
Claude Shaw, 49, pleaded guilty in the Southern District of Florida to one count of mail fraud. Shaw was charged in connection with a fraudulent lottery scheme based in Jamaica that induced victims in the United States to send Shaw over $100,000 to cover purported fees for lottery winnings that victims had not won and never received. Sentencing is scheduled on May 31, 2017.
“This case demonstrates the Justice Department’s commitment to combating international lottery fraud schemes based in Jamaica targeting potentially vulnerable individuals,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “Financial fraud schemes directed at unsuspecting victims will be prosecuted to the fullest extent of the law.”
This prosecution is part of the Department of Justice’s effort working with federal and local law enforcement to combat fraudulent lottery schemes preying on American citizens.
Shaw pleaded guilty to one count of mail fraud. As part of his guilty plea, Shaw agreed that if this case proceeded to trial, the United States would have proved beyond a reasonable doubt that, from in or around September 2013, through in or around August 20l5, Shaw participated in a scheme to defraud victims in the United States and unlawfully enrich himself. Victims throughout the United States received telephone calls in which they were falsely informed that they had won over a million dollars in a lottery and needed to pay money in advance to claim their winnings. The victims were instructed on how, and to whom, to send their money.
As part of the scheme, victims were instructed to send their money to Shaw. Victims sent over $100,000 to Shaw, who then forwarded a portion of the money to Jamaica. Victims never received any lottery winnings.
“The Postal Inspection Service is committed to investigating fraudulent lottery schemes based in Jamaica directed at ripping off individuals in the United States,” said Inspector in Charge Antonio Gomez of the U.S. Postal Inspection Service’s Miami, Florida Division. “Lottery fraud scams tied to Jamaica are targeting victims in the United States, and we will not allow them to use the U.S. mail to commit their crime.”
Acting Assistant Attorney General Readler commended the investigative efforts of the U.S. Postal Inspection Service. The case is being prosecuted by Trial Attorney Arturo DeCastro of the Civil Division’s Consumer Protection Branch.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Southern District of Florida, visit its website at https://www.justice.gov/usao-sdfl.
Social Security Administrative Law Judge Sentenced to Prison for Accepting Sexual Gratuity, Stealing SSA Records & ObstructionRead the Press Release
BIRMINGHAM – A federal judge today sentenced a former administrative law judge for the Social Security Administration to one year and a day in prison for crimes including engaging in a sex act with a Social Security beneficiary whose case he presided over, announced Acting U.S. Attorney Robert O. Posey, SSA-Office of Inspector General Special Agent in Charge Margaret Jackson and FBI Special Agent in Charge Roger Stanton.
U.S. District Court Judge Virginia Emerson Hopkins sentenced PAUL STRIBLING CONGER JR., 74, of Akron, Ala., for obstructing justice, accepting a gratuity for an official act of a public official and stealing government property. Conger pleaded guilty to the charges in October. The judge also ordered Conger to pay a $4,000 fine. He must report to prison July 24.
Conger served as an administrative law judge for the Social Security Administration from May 1999 to April 2014, presiding over hearings to determine whether someone who applied for disability or other SSA benefits qualified to receive them. Conger’s judicial chambers were in the federal courthouse in Tuscaloosa.
According to court records:
In July 2013, Conger presided over the claims hearing of a woman identified in court documents as T.M., who subsequently was approved for SSI benefits, including future monthly payments and retroactive benefits. In November 2013, T.M. discussed Conger with a mutual acquaintance of theirs and was given information that led her to approach the judge about receiving her retroactive SSI benefits in a lump sum of about $10,000.
On Nov. 19, 2013, T.M. met Conger in his chambers at the Tuscaloosa federal courthouse, seeking the lump sum benefits payment. Conger illegally received a gratuity from T.M. when the two engaged in sexual activity in his chambers. Over ensuing weeks, they remained in contact through phone calls and text messages.
Conger stole government property when he took T.M.’s records from the SSA database to learn more about her. The information included medical records and identifiers such as her Social Security number.
Conger obstructed justice by attempting to obtain T.M.’s cell phone and destroy it after learning that he was the subject of a workplace complaint and a SSA Office of Inspector General investigation. According to the court records, Conger paid someone, “Individual B,” to obtain the phone and provided the individual with material from T.M.’s SSA file to help that person find her.
Conger falsely told federal agents that he never had any physical or sexual contact with a claimant, including T.M., even after he was notified that he was the target of a federal grand jury investigation.
SSA-OIG and FBI investigated the case, which Assistant U.S. Attorney Tamarra Matthews Johnson prosecuted.
###
Slidell Man Sentenced for Defrauding InvestorsRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that JOHN GIBSON, age 32, of Slidell, was sentenced today after previously pleading guilty to a one-count Bill of Information charging him with mail fraud.
U.S. District Judge Sarah S. Vance sentenced GIBSON to 18 months incarceration, and ordered restitution in the amount of $213,597.35. Upon release from prison, GIBSON will have to serve three years of supervised release.
According to court documents, GIBSON admitted that from 2008 to 2014, he solicited funds from individuals by falsely representing that he would use their funds to establish investment accounts. GIBSON admitted that he defrauded his investors by diverting their investment funds for his own personal use and benefit.
Acting U.S. Attorney Evans praised the work of the United States Postal Inspection Service in investigating this matter. Assistant United States Attorney Sean Toomey was in charge of the prosecution.
Six Aliens Indicted on Immigration, Firearm, and Fraud ViolationsRead the Press Release
RALEIGH – John Stuart Bruce, United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging RAYMUNDO BARRIOS-JIMENEZ, age 35, of Mexico, JAIME CARBAJAL-SANCHEZ, age 36, of Mexico, JESUS CERVANTEZ-RUIZ, age 47, of Guatemala, OMAR VASQUEZ-ROMAN, age 37, of Mexico with Illegal Reentry of a Deported Alien. Further, a federal grand jury in Raleigh has returned indictments charging TAMER AHMED QAID SAID RABEH, age 36, of Egypt, with Illegal and Unlawful Alien in Possession of a Firearm, and MAXIMO ORLANDO RODRIGUEZ, age 53, of the Dominican Republic, with Passport Fraud, False Representation of a Social Security Account Number, and Aggravated Identity Theft.
If convicted of Illegal Reentry of a Deported Alien, BARRIOS-JIMENEZ, and CARBAJAL-SANCHEZ would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
VASQUEZ-ROMAN is alleged to have been previously deported subsequent to two felony convictions (both for illegal reentry of a deported alien). Therefore, if convicted, he faces a maximum imprisonment term of ten years.
CERVANTEZ-RUIZ is alleged to have been previously deported subsequent to an aggravated felony conviction (assault with a deadly weapon inflicting serious injury). Therefore, if convicted, he faces a maximum imprisonment term of twenty years.
If convicted of Illegal and Unlawful Alien in Possession of a Firearm, RABEH faces a maximum imprisonment term of ten years. Additionally, if convicted of Passport Fraud, False Representation of a Social Security Account Number and Aggravated Identity Theft, RODRIGUEZ faces a mandatory term of imprisonment of two years consecutive to a ten-year term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by the Department of Homeland Security, Department of State, North Carolina Division of Motor Vehicles, and Pender County Sheriff’s Office.
Sioux Falls Man Sentenced for CyberstalkingRead the Press Release
United States Attorney Randolph J. Seiler announced that a Sioux Falls, South Dakota, man convicted of Cyberstalking was sentenced on March 22, 2017, by U.S. District Judge Karen E. Schreier.
Eugene Ogden, age 55, was sentenced to 30 months in custody, and three years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Ogden was indicted for Cyberstalking by a federal grand jury on August 9, 2016. He pled guilty on November 21, 2016.
In July 2016, the victim in this case contacted the Sioux Falls Police Department reporting that strange men were coming to her home, indicating they were responding to a Craigslist ad for sex. Further investigation revealed that Ogden posted eight ads on the personal section of Craigslist that invited men to the victim’s home for sex. Each of the ads provided the victim’s address, along with a photo of the victim.
“This is Cyberstalking at its ugliest,” said U.S. Attorney Randy Seiler. “This type of dangerous, vindictive behavior is hard to comprehend, but unfortunately this type of malicious stunt is easy to execute in the cyber world. The sentence handed down serves as a reminder that these cases will be prosecuted to the full extent of the law.”
This case was investigated by Sioux Falls Police Department and the Department of Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Ogden was immediately turned over to the custody of the U.S. Marshals Service.
Schuele Boys Gang Associate Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. — Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jerome Grant, 36, of Buffalo, NY, who was convicted of conspiracy to possess with intent to distribute and to distribute cocaine, was sentenced to 188 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney George C. Burgasser, who handled the case, stated that between June of 2013 and July 23, 2014, Grant conspired with other Schuele Boys Gang members to distribute cocaine in the City of Buffalo. The defendant purchased cocaine from other Schuele Boys Gang members and broke it down into smaller packages for redistribution to customers.
The Schuele Boys Gang, which operated in the Schuele Street area of the East Side of Buffalo, is believed to be responsible for multiple acts of violence and the distribution of illegal narcotics including cocaine, crack cocaine, and marijuana.
Grant is one of 28 Schuele Boys Gang members, associates, and other individuals arrested in this case. To date, 18 of the 28 charged have been convicted.
Today’s sentencing is the culmination of an investigation on the part of the FBI's Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Roswell Man Sentenced to 108 Months for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Cipriano Anaya, 35, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 108 months in prison followed by three years of supervised release for his conviction on methamphetamine trafficking charges.
Anaya is one of 41 individuals charged in Sept. 2015, with drug trafficking offenses as a result of an eight-month multi-agency investigation by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office and New Mexico State Police. Twenty-one of the defendants were charged with federal offenses and the remaining 20 with state crimes.
The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, initially targeted a drug trafficking organization (DTO) led by Joseph Ray Mendiola, 35, of Roswell, that allegedly distributed methamphetamine in Chaves County. It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County. The OCDETF program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Anaya and 15 other federal defendants were charged in a 24-count indictment filed on Sept. 22, 2015. Count 1 of the Indictment charged 15 of the 16 defendants with conspiracy to distribute methamphetamine between June 2015 and July 2015. Count 2 charged three defendants with conspiracy to distribute cocaine in July 2015. Counts 3, 4, 5, 6 and 7 charged certain defendants with possession of methamphetamine with intent to distribute in July 2015. Counts 8 through 24 charged certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. All crimes charged in the federal indictment occurred in Chaves County.
During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles. During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles.
On Aug. 26, 2016, Anaya pled guilty to participating in a methamphetamine trafficking conspiracy and to using a communication device to facilitate a drug trafficking crime. In entering the guilty plea, Anaya admitted conspiring with his co-defendants to distribute methamphetamine in Chaves County from June 2015 through July 31, 2015. Anaya further admitted that on July 26, 2015, he used a telephone to further the drug trafficking conspiracy.
To date, 12 of Anaya’s co-defendants have entered guilty pleas and are awaiting sentencing. Three co-defendants have yet to be arrested and are considered fugitives. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service. Assistant U.S. Attorneys Randy M. Castellano and John Balla are prosecuting the federal cases.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Ringgold man sentenced for possessing 11 firearmsRead the Press Release
SHREVEPORT, La. – Acting U.S. Attorney Alexander C. Van Hook announced that a Ringgold man was sentenced to 63 months in prison for possessing 11 firearms and ammunition after being convicted of a felony.
Brady D. Alsup, 44, of Ringgold, La., was sentenced by U.S. District Judge Elizabeth E. Foote on one count of possession of a firearm by a convicted felon. He was also sentenced to three years of supervised release and must pay a $10,000 fine. According to the October 11, 2016 guilty plea, after receiving information that firearms were present on Alsup’s property, law enforcement agents conducted a search of his residence on October 14, 2015 and found six rifles, four shotguns, a revolver and assorted ammunition. The defendant was previously convicted in 2007 of a felony and is not allowed to possess a firearm.
This investigation and prosecution is part of Project Safe Neighborhoods, a Department of Justice initiative to promote firearm safety and to reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.
The ATF conducted the investigation. Assistant U.S. Attorney James G. Cowles Jr. prosecuted the case.
Restaurant Owner Pleads Guilty to Illegal FirearmsRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that an Auxvasse, Mo., man pleaded guilty in federal court today to illegally possessing 21 firearms and three firearm silencers.
Billy Bush Owen, 54, of Auxvasse, pleaded guilty before U.S. Magistrate Judge Matt J. Whitworth to the charge contained in a Feb. 10, 2016, federal indictment.
Owen is the owner of Panhead Billy’s BBQ in Kingdom City, Mo. By pleading guilty today, Owen admitted that he was in possession of 21 firearms on Dec. 9, 2015, including handguns, rifles and shotguns, as well as three silencers. Under federal law, it is illegal for anyone who has been convicted of a felony to possess any firearms (including silencers) or ammunition. Owen has prior felony convictions for transporting a controlled substance and possession of a dangerous weapon by an addict.
Owen was being investigated by MUSTANG (the Mid-Missouri Unified Strike Team and Narcotics Group) when officers executed a search warrant at this residence on Dec. 9, 2015. Officers found 21 firearms, three silencers and 9,337 rounds of ammunition in the residence. Three of the firearms and 3,610 rounds of ammunition were in the bedroom, and the remaining firearms and the suppressors were in a safe in the garage. Officers also seized $35,109, digital scales, a drug ledger and marijuana from the residence.
Under federal statutes, Owen is subject to a sentence of up to 10 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Callaway County, Mo., Sheriff’s Department and MUSTANG (the Mid-Missouri Unified Strike Team And Narcotics Group).
Rapid City Man Indicted for Possession with Intent to Distribute a Controlled SubstanceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Rapid City, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Jonah Burning Breast, a/k/a Jonah Jarrett Burning Breast, a/k/a Jonah Jared Burning Breast, a/k/a Jonah Jared Big Crow, age 23, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark Moreno on March 17, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on or about the 2nd day of September 2016, in Todd County, South Dakota, Burning Breast knowingly and intentionally distributed a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charges are merely accusations and Burning Breast is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Burning Breast was remanded to the custody of the U.S. Marshals Service pending trial, which is set for May 2, 2017.
Prior Felon from Albuquerque Pleads Guilty to Unlawfully Possessing Firearm and AmmunitionRead the Press Release
ALBUQUERQUE – Jesus Rodriguez, 32, of Albuquerque, N.M., pled guilty today in federal court to being a felon in possession of a firearm and ammunition. The guilty plea, which was entered without the benefit of a plea agreement, was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Bernalillo County Sheriff Manuel Gonzales, III.
Rodriguez was arrested in April 2016, on a criminal complaint charging him with unlawfully possessing a firearm and ammunition in Bernalillo County, N.M., on Jan. 29, 2016. Rodriguez subsequently was indicted on the same charge on May 10, 2016. According to the indictment, Rodriguez previously had been convicted of several felony offenses including aggravated assault against a household member with a deadly weapon, auto burglary, aggravated battery against a household member causing great bodily harm, child abuse, conspiracy to commit auto burglary, and battery on a peace officer.
During today’s proceedings, Rodriguez pled guilty to the indictment charging him with being a felon in possession of a firearm and ammunition. At sentencing, Rodriguez faces a maximum penalty of ten years in federal prison. If the Court determines that Rodriguez is an armed career criminal, Rodriguez faces an enhanced sentence of a statutory mandatory minimum penalty of 15 years in prison and a maximum of life imprisonment.
This case was investigated by the Albuquerque office of ATF and the Bernalillo County Sheriff’s Office. Assistant U.S. Attorney Presiliano Torrez is prosecuting this case as part of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Prince George’s County Heroin Dealer Sentenced to 14 Years in Federal Prison for Drug Distribution ConspiracyRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Olden Minnick, a/k/a “O,” age 55, of Clinton, Maryland, on March 21, 2017, to 14 years in prison, followed by five years of supervised release, on charges connected to a conspiracy to distribute heroin. Judge Chuang also ordered Minnick to forfeit $571,640, including high-end watches and jewelry.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Karl C. Colder of the Drug Enforcement Administration - Washington Field Division; Assistant Director in Charge Andrew W. Vale of the Federal Bureau of Investigation - Washington Field Office; Chief Hank Stawinski of the Prince George’s County Police Department; Chief Terrence B. Sheridan of the Baltimore County Police Department; and Commissioner Kevin Davis of the Baltimore Police Department.
According to the evidence presented at Minnick’s four-week trial, from June 2012 to December 3, 2014, Minnick conspired with Terrance Stanback, Sean Wilson, Christian Byrd, and others to distribute heroin. From at least June 1, 2014 to December 3, 2014, Minnick used residences in Clinton, Maryland and Capitol Heights, Maryland, for the distribution and storage of heroin and other controlled substances. Over the course of the conspiracy Minnick used cellular telephones to arrange for the distribution of heroin and was intercepted on several occasions in 2014 arranging to provide distribution quantities of heroin to Stanback and others.
Terrance Stanback, age 52, of Clinton, Maryland, pleaded guilty to his role in the conspiracy and was sentenced to 30 months in prison, and ordered to forfeit $53,000 recovered during a search of his residence. Sean Wilson, age 46, of Randallstown, Maryland previously pleaded guilty to conspiracy to distribute and possess with the intent to distribute heroin and was sentenced to 11 years in federal prison. Christian Byrd, age 45, of Laurel, Maryland, pleaded guilty to possession with intent to distribute heroin and was sentenced to 15 years in federal prison. Judge Chuang also ordered Byrd to forfeit $440,000, as the proceeds of his drug distribution.
United States Attorney Rod J. Rosenstein commended the DEA, FBI, and the Prince Georges County, Baltimore County, and Baltimore City Police Departments for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Deborah A. Johnston and Thomas P. Windom, who prosecuted this Organized Crime Drug Enforcement Task Force case.
Previously Deported Alien Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Isidro Aguilar-Mendoza, age 43, of Mexico, was indicted by a federal grand jury with illegal re-entry into the United States by a previously deported alien.
According to United States Attorney Bruce D. Brandler, Aguilar-Mendoza was previously deported from the United States to Mexico in March 2004, December 2009, and May 2009. He is alleged to have illegally re-entered the United States sometime after December 2009, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers. In 2009, he was convicted in the Southern District of Texas of illegal re-entry, an offense which subjects him to enhanced penalties in the current case.
This case was investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Because of Aguilar-Mendoza’s previous conviction, under federal law he faces a maximum penalty of 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Parmelee Man Indicted on Assault ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Dace Lunderman, age 32, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 20, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for each charge is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on January 6, 2017, Lunderman assaulted two individuals with a knife with intent to do bodily harm, and that one of the said assaults resulted in serious bodily injury.
The charge is merely an accusation and Lunderman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Lunderman was released on bond pending trial. A trial date has not been set.
Owner of Solid Designs Sentenced for Possession of Child PornographyRead the Press Release
Contact Person: Jamie L. Schoen (864) 282-2100
Greenville, South Carolina---- United States Attorney Beth Drake stated today that Kevin Ray Stephenson, age 44, of Greenville, South Carolina was sentenced in federal court in Greenville, South Carolina, for Possession of Child Pornography, in violation of 18 U.S.C. § 2252A. Senior United States District Judge Henry M. Herlong, Jr., of Greenville sentenced Stephenson to 18 months imprisonment, $5,100.00 special assessment, and 5 years supervised release. Stephenson will be required to register as a sex offender.
Evidence presented at the change of plea hearing established that Stephenson used a child pornography website to access child pornography. The FBI conducted a search of Stephenson’s business, Solid Designs, and located numerous images of child pornography on Stephenson’s computer.
The case was investigated by agents of the FBI, ICE-Homeland Security Investigations, and the Greenville County Sheriff’s Office. Assistant United States Attorney Jamie Lea Schoen of the Greenville office prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
#####
Owner of New England Compounding Center Convicted of Racketeering Leading to Nationwide Fungal Meningitis OutbreakRead the Press Release
Outbreak was the largest public health crisis ever caused by a pharmaceutical product
Barry Cadden, the owner and head pharmacist of New England Compounding Center (NECC), was convicted today by a federal jury of racketeering and mail fraud in connection with the 2012 nationwide fungal meningitis outbreak, the Justice Department announced.
After a nine-week trial, the jury convicted Cadden, 50, of Wrentham, Massachusetts, of racketeering, racketeering conspiracy, mail fraud and introduction of misbranded drugs into interstate commerce with the intent to defraud and mislead. U.S. District Court Judge Richard G. Stearns scheduled sentencing for June 21, 2017.
In 2012, 753 patients in 20 states were diagnosed with a fungal infection after receiving injections of preservative-free methylprednisolone acetate (MPA) manufactured by NECC. Of those 753 patients, the U.S. Centers for Disease Control and Prevention (CDC) reported that 64 patients in nine states died. The outbreak was the largest public health crisis ever caused by a pharmaceutical product.
Specifically, Cadden directed and authorized the shipping of contaminated MPA to NECC customers nationwide. In addition, he authorized the shipping of drugs before test results confirming their sterility were returned, never notified customers of nonsterile results, and compounded drugs with expired ingredients. Furthermore, certain batches of drugs were manufactured, in part, by an unlicensed pharmacy technician at NECC. Cadden also repeatedly took steps to shield NECC’s operations from regulatory oversight by the FDA by claiming to be a pharmacy dispensing drugs pursuant to valid, patient-specific prescriptions. In fact, NECC routinely dispensed drugs in bulk without valid prescriptions. NECC even used fictional and celebrity names on fake prescriptions to dispense drugs such as “Michael Jackson,” “Freddie Mae” and “Diana Ross.”
Cadden faces a statutory maximum sentence of up to 20 years in prison on each of the mail fraud and racketeering counts. 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 U.S. Attorney William D. Weinreb; Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division; Special Agent in Charge Jeffrey Ebersole of the U.S. Food and Drug Administration, Office of Criminal Investigations’ New York Field Office; Special Agent in Charge Harold H. Shaw of the FBI, Boston Field Division; Special Agent in Charge Leigh-Alistair Barzey of the Defense Criminal Investigative Service, U.S. Department of Defense, Office of Inspector General, Northeast Field Office; Special Agent in Charge Donna Neves of the Department of Veterans Affairs, Office of Inspector General, Northeast Field Office; and Inspector in Charge Shelly Binkowski of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorneys George P. Varghese and Amanda P.M. Strachan of Weinreb’s Health Care Fraud Unit and Trial Attorney John W.M. Claud of the Justice Department’s Consumer Protection Branch are prosecuting the case.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the District of Massachusetts, visit its website at https://www.justice.gov/usao-ma.
Owner of New England Compounding Center Convicted of Racketeering Leading to Nationwide Fungal Meningitis OutbreakRead the Press Release
BOSTON – Barry Cadden, the owner and head pharmacist of New England Compounding Center (NECC), was convicted today by a federal jury of racketeering and mail fraud in connection with the 2012 nationwide fungal meningitis outbreak.
After a nine-week trial, the jury convicted Cadden, 50, of Wrentham, Mass., of racketeering, racketeering conspiracy, mail fraud and introduction of misbranded drugs into interstate commerce with the intent to defraud and mislead. U.S. District Court Judge Richard G. Stearns scheduled sentencing for June 21, 2017.
In 2012, 753 patients in 20 states were diagnosed with a fungal infection after receiving injections of preservative-free methylprednisolone acetate (MPA) manufactured by NECC. Of those 753 patients, the U.S. Centers for Disease Control and Prevention (CDC) reported that 64 patients in nine states died. The outbreak was the largest public health crisis ever caused by a pharmaceutical product.
Specifically, Cadden directed and authorized the shipping of contaminated MPA to NECC customers nationwide. In addition, he authorized the shipping of drugs before test results confirming their sterility were returned, never notified customers of nonsterile results, and compounded drugs with expired ingredients. Furthermore, certain batches of drugs were manufactured, in part, by an unlicensed pharmacy technician at NECC. Cadden also repeatedly took steps to shield NECC’s operations from regulatory oversight by the FDA by claiming to be a pharmacy dispensing drugs pursuant to valid, patient-specific prescriptions. In fact, NECC routinely dispensed drugs in bulk without valid prescriptions. NECC even used fictional and celebrity names on fake prescriptions to dispense drugs such as “Michael Jackson,” “Freddie Mae” and “Diana Ross.”
Cadden faces a maximum sentence of 20 years in prison on each of the mail fraud and racketeering counts. 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 U.S. Attorney William D. Weinreb; Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division; Jeffrey Ebersole, Special Agent in Charge of the U.S. Food and Drug Administration, Office of Criminal Investigations’ New York Field Office; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Leigh-Alistair Barzey, Special Agent in Charge of the Defense Criminal Investigative Service, U.S. Department of Defense, Office of Inspector General, Northeast Field Office; Donna Neves, Special Agent in Charge of the Department of Veterans Affairs, Office of Inspector General, Northeast Field Office; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, made the announcement today. Assistant U.S. Attorneys George P. Varghese and Amanda P.M. Strachan of Weinreb’s Health Care Fraud Unit and Trial Attorney John W.M. Claud of the Justice Department’s Consumer Protection Branch are prosecuting the case.
Osage Beach Woman Indicted for Stolen Mail, Bank Fraud, Identity TheftRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that an Osage Beach, Mo., woman was indicted by a federal grand jury today for a scheme to open fraudulent bank accounts in order to cash checks stolen from the mail.
Chrystal Lynn Bernstein, 27, of Osage Beach, was charged in a 21-count indictment returned by a federal grand jury in Jefferson City, Mo. Today’s indictment replaces a federal criminal complaint that was filed against Bernstein on Feb. 17, 2017.
The federal indictment charges Bernstein with eight counts of possessing stolen mail on separate occasions from Dec. 15, 2016, to March 14, 2017. Bernstein allegedly possessed checks that were stolen from the victims’ mailboxes.
Bernstein is also charged with 10 counts of bank fraud related to her scheme to use stolen identity information to open bank accounts in Boone and Camden Counties in order to cash or deposit the stolen checks. Bernstein allegedly obtained stolen mail, including checks, and altered the payee on the checks in order to cash or deposit them into the fraudulent accounts.
The federal indictment also charges Bernstein with three counts of aggravated identity theft related to her use of stolen identities to open the bank accounts.
Larson cautioned that the charges contained in this indictment are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney Lawrence E. Miller. It was investigated by the U.S. Postal Inspection Service, the Columbia, Mo., Police Department, Booneville, Mo., Police Department, the Camdenton, Mo., Police Department, the Lake Ozark, Mo., Police Department and the Osage Beach, Mo., Police Department.
Operation Results in Federal Indictment Against 18 Defendants in Heroin Drug Trafficking ConspiracyRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today the unsealing of a 39-page federal indictment charging 18 defendants in Operation Dirty Bird, an extensive federal, state, and local investigation aimed at dismantling a large scale heroin trafficking network based in Ascension Parish, Louisiana, and Houston, Texas.
The indictment charges significant drug trafficking, racketeering, firearm, and conspiracy charges. To date, investigative efforts have resulted in the seizure of over one and a half kilograms of heroin, substantial amounts of methamphetamine, crack cocaine, and oxycodone, seven firearms, over $314,000 in drug proceeds, and three vehicles allegedly used in the drug trafficking venture: a 2013 Porsche 911, a Mercedes CLS550, and a GMC Hummer.
The charged defendants are listed below. They face significant terms of imprisonment, fines, and the forfeiture of proceeds from the illegal activity.
- Jason Muse, age 37, formerly of Prairieville, Louisiana, is charged with conspiracy; distribution of heroin; possession with intent to distribute 500 grams or more of heroin; felon in possession of a firearm; possession of a firearm in furtherance of a drug trafficking crime; unlawful use of communications facilities; and forfeiture.
- Santos Mosquera-Candelo, age 63, formerly of Columbia, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Alexis Alberto Vener, age 32, of Houston, Texas, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Aron Winter Mosquera-Castro, age 22, of Houston, Texas, is charged with conspiracy; unlawful travel in aid of a racketeering enterprise, unlawful use of communications facilities; and forfeiture.
- Fabio Zuniga-Caicedo, age 37, of Houston, Texas, is charged with conspiracy; unlawful travel in aid of a racketeering enterprise, unlawful use of communications facilities; and forfeiture.
- Marshall Ann Muse, age 31, formerly of Prairieville, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Darwin A. Elphage, age 38, of Gonzales, Louisiana, is charged with conspiracy; distribution of heroin; possession with intent to distribute heroin and cocaine base; felon in possession of a firearm; unlawful use of communications facilities; and forfeiture.
- Herman Jimmerson III, age 33, of Gonzales, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Kevin Boudreaux, age 47, of Baton Rouge, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Anthony Gerrod Miller, age 38, of Geismar, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Nicholas Sean Fobbs, age 28, of Gonzales, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Raymond Gerard Comeaux, Jr., age 26, of Donaldsonville, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Jablonski Hankton, age 35, of Gonzales, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Jermaine Christopher Pleasant, age 36, of Donaldsonville, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Michael L. Williams, age 45, of Geismar, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Larry Earl Miles, age 27, of Donaldsonville, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Derrick Christopher Mills, age 27, of St. James, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
- Denmond L. Smith, age 38, of St. James, Louisiana, is charged with conspiracy; unlawful use of communications facilities; and forfeiture.
Acting U.S. Attorney Amundson stated, “This indictment is aimed squarely at the heart of a drug trafficking organization allegedly responsible for spreading significant amounts of heroin and other illegal drugs throughout our district. Every community and every person deserves peace, security, and freedom from the tyranny of armed drug traffickers. This indictment seeks to advance that goal. The combined federal, state, and local effort, which resulted in the indictment, reflects once again the unified front against crime in this district. I greatly appreciate the tremendous dedication and hard work by the agents and prosecutors working on this important matter.”
Brad L. Byerley, Assistant Special Agent-in-Charge of the Drug Enforcement Administration’s Baton Rouge District Office stated, “The abuse of heroin and other opioids is a serious problem in our community. All too often, this abuse leads to addiction, shattered lives, and even death. For the health and safety of our citizens, DEA and our law enforcement partners pursued this organization who preyed on the weak and addicted through the distribution of heroin. The resulting arrests further our efforts to prevent heroin trafficking from taking hold in our community.”
Ascension Parish Sheriff Jeff Wiley stated, “This case represents best practices in law enforcement which is utilizing all assets - federal and local. It is our hope that all of these heroin dealers are dealt with in the federal judicial system with the strongest of consequences.”
Antonio Pittman, Resident Agent-in-Charge of the Bureau of Alcohol, Tobacco, and Firearms’ Baton Rouge Field Office stated, “The Bureau of ATF is proud to work with federal, state, and local law enforcement, as well as the Middle District of Louisiana U.S. Attorney's Office on Operation Dirty Bird. Through successful collaborations such as this one, law enforcement continues to ensure the safety of our communities.”
This operation is being handled by the U.S. Attorney’s Office, the U.S. Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Baton Rouge City Police Department, the Ascension Parish Sheriff’s Office, the Iberville Parish Sheriff’s Office, the West Baton Rouge Parish Sheriff’s Office, the East Baton Rouge Parish Sheriff’s Office, the Louisiana State Police, and the Gonzales Police Department. This matter is being prosecuted by Assistant United States Attorney Jennifer Kleinpeter, who also serves as a deputy criminal chief.
The investigation is another effort by the Organized Crime Drug Enforcement Task Force (OCDETF) Program that was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. The OCDETF Program operates nationwide and combines the resources and unique expertise of numerous federal, state, and local agencies in a coordinated attack against major drug trafficking and money laundering organizations.
NOTE: An indictment is an accusation by the Grand Jury. The defendants are presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Ocean Springs Man Pleads Guilty to Accessing Child Pornography with Intent to ViewRead the Press Release
Gulfport, Mississippi. – Kristopher Michael Brumfield, 38, of Ocean Springs, pled guilty on March 21, 2017 to one count of access with intent to view child pornography, announced Acting U.S. Attorney Harold Brittain and Special Agent in Charge Raymond R. Parmer, Jr. of Homeland Security Investigations (HSI).
In August 2014, HSI identified three user profiles contained within a foreign photo sharing website which contained child pornography. The HSI investigation that followed identified Brumfield as the individual who knowingly accessed the website and viewed the uploaded images of minors engaged in sexually explicit conduct. It was further determined that via email, Brumfield corresponded with other users of the website, and subsequently traded numerous videos of children engaged in sexually explicit conduct via his email accounts.
Brumfield will be sentenced on June 20, 2017 at 1:30 p.m. by Chief U. S. District Judge Louis Guirola, Jr. He faces a maximum sentence of 10 years in prison and a $250,000 fine.
This case was investigated by Homeland Security Investigations and prosecuted by Assistant U.S. Attorneys Andrea Jones and Glenda Haynes.
North Carolina Man Sentenced to 52 Months in Federal Prison for Drug TraffickingRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ANTONIO FREELAND, also known as “Frezzie,” 27, of Burlington, North Carolina, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 52 months of imprisonment, followed by three years of supervised release, for drug trafficking.
According to court documents and statements made in court, this matter stems from an investigation headed by the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force, Stamford Police Department, Norwalk Police Department and Connecticut State Police into a drug trafficking organization led by Wilfredo Gutierrez, also known as “Bean” and “Big Pun,” and his brother, Bobby Gutierrez, also known as “B.O.” The investigation included court-authorized wiretaps, controlled purchases of narcotics and physical surveillance.
On three occasions in 2016, FREELAND and Michael Lundy, of Raleigh, N.C., traveled from to Connecticut to acquire distribution quantities of drugs, including heroin, cocaine and marijuana, from Bobby Gutierrez. On May 3, 2016, FREELAND and Lundy drove to Connecticut with approximately $13,000 in cash to purchase drugs.
On May 4, 2016, FREELAND and Lundy met Gutierrez at B&B Deli at 988 State Street in Bridgeport, which was owned by the Gutierrez family and served as a hub for their drug dealing. After FREELAND and Lundy left B&B Deli, at approximately 12:30 p.m., Connecticut State Police attempted to stop FREELAND and Lundy’s vehicle on I-95 South in the vicinity of Exit 10. FREELAND failed to obey the order to stop and engaged police in a high-speed chase that reached speeds in excess of 110 miles per hour, weaving in and out of traffic and utilizing the center median and right shoulder. At one point, FREELAND’s car sideswiped a car in the left lane. FREELAND exited on Exit 2 and rammed the back of a minivan that was waiting at a stop sign at the bottom of the exit, injuring the occupant who was taken to the hospital. FREELAND and Lundy were then taken into custody. A search of the chase route revealed a bag containing approximately 370 grams of cocaine that had been thrown from the vehicle.
As part of this investigation, law enforcement officers executed several federal search warrants on May 26 and May 27, 2016. A search of Bobby Gutierrez’s Stamford residence revealed a quantity of cocaine, $25,916 in cash and other items used in the trafficking of narcotics; a search of Gutierrez’s girlfriend’s residence revealed $47,316 in cash, more than three kilograms of cocaine, and two firearms, and a search B & B Deli revealed two digital scales, two large ziplock bags containing what appeared to be cutting agents, and five cellphones.
FREELAND has been detained since his arrest. On October 13, 2016, he pleaded guilty to one count of conspiracy to possess with intent to distribute cocaine.
Nine individuals were charged as a result of the investigation. All pleaded guilty. On March 16, 2017, Wilfredo Gutierrez was sentenced to 180 months of imprisonment. Lundy and Bobby Gutierrez are detained while awaiting sentencing.
The DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force includes members from the Bridgeport, Stamford, Stratford, Norwalk, Milford and Trumbull Police Departments, and the Connecticut State Police.
This case is being prosecuted by Assistant U.S. Attorneys Anthony Kaplan and Heather Cherry.
Newark Man Pleads Guilty to StructuringRead the Press Release
WILMINGTON, Del. – David C. Weiss, Acting United States Attorney for the District of Delaware, announced that Matthew Czap, age 68, formerly of Newark, Delaware, entered a plea of guilty to a one-count Felony Information charging him with structuring financial transactions to avoid currency reporting requirements. The defendant faces up to 10 years in prison and a $500,000 fine.
The Information alleges that between November 2, 2015 and March 30, 2016, defendant made eighteen separate cash deposits, totaling $163,460, each in an amount of less than $10,000. Defendant made many of the deposits on successive days, in amounts approaching, but under, $10,000. At the time he made these deposits, defendant was aware of the currency transaction reporting regulations that required the financial institution where he made these deposits to file a report with the government, documenting any cash transactions over $10,000. Defendant structured these cash deposits in order to avoid triggering the reporting requirement. In his guilty plea, defendant further admitted to structuring, in total, approximately $1.2 million dollars between 2013 and 2016.
Defendant’s wife was charged in December 2016 with wire fraud, identity theft, money laundering, and tax offenses. That case, United States v. Roberta Czap, 16-cr-96-LPS remains pending.
Acting U.S. Attorney Weiss gave the following comment, “The currency transaction reporting requirements serve to protect the U.S. banking system from those who attempt to launder cash. We are committed to prosecuting those who evade these safeguards in such a deliberate and egregious way.”
"Structuring financial transactions to avoid currency reporting requirements is a criminal violation of federal law under the Bank Secrecy Act,” said IRS Criminal Investigation Acting Special Agent in Charge Gregory Floyd. “Deliberately avoiding BSA requirements is a form of money laundering that will be vigorously investigated by IRS Criminal Investigation."
“Today’s guilty plea announcement is significant and highlights the FBI’s collaboration with our partner agencies as we hold this defendant accountable for structuring financial transactions to avoid currency reporting requirements,” said Special Agent in Charge Gordon B. Johnson of the FBI’s Baltimore Division. “The FBI and the IRS will continue to use all available tools to detect illegal money laundering and structuring activity.”
This case is the result of an investigation conducted by the Internal Revenue Service, Criminal Investigation and the Federal Bureau of Investigation. The prosecution is being handled by Assistant United States Attorney Lesley Wolf.
New York Man Admits Assault with the Intent to Stalk on AirplaneRead the Press Release
NEWARK, N.J. – A Monsey, New York, man admitted today that he assaulted with the intent to stalk a woman on a flight from Israel to Newark Liberty International Airport, Acting U.S. Attorney William E. Fitzpatrick announced.
Yoel Oberlander, 36, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to a superseding information charging him with assault with intent to commit stalking.
According to the Superseding Information:
While on an El Al flight from Tel Aviv to Newark on May 29, 2016, Oberlander knowingly and intentionally assaulted an adult female victim with the intent to harass and intimidate her, and such conduct caused or could be reasonably expected to cause the victim substantial emotional distress.
Oberlander admitted that he assaulted the female victim, who was seated next to him on the plane, that he touched her in the area of her chest, upper thigh, and hand without her consent, and that he did so with the intent to harass and intimidate her.
Oberlander faces a maximum potential penalty of 10 years in prison and a $250,000 fine. Sentencing is scheduled for June 28, 2017.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and the Port Authority of New York-New Jersey, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorneys Melissa M. Wangenheim and Joyce M. Malliet of the U.S. Attorney’s Criminal Division in Newark.
Defense counsel: Eric Kanefsky Esq., Newark
Muscle Shoals Man Sentenced to Nearly Eight Years in Prison as Three-Time Convicted Felon Possessing a GunRead the Press Release
BIRMINGHAM – A federal judge on Tuesday sentenced a Muscle Shoals man to nearly eight years in prison as a three-time convicted felon in possession of a gun, announced Acting U.S. Attorney Robert O. Posey and Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Steven L. Gerido.
U.S. District Judge Abdul K. Kallon sentenced JERRY ADAM CROCKER, 33, to seven years and eight months in prison on one count of being a convicted felon in possession of a firearm. Crocker pleaded guilty to the charge in December. He already is in custody.
Cullman Police arrested Crocker in June 2016 after he traded a Romarm/Cugir 7.62 x 39mm rifle and a Sig Sauer .40-caliber pistol for an ounce of methamphetamine and $100 from a confidential informant for the police department’s narcotics unit. Crocker had stolen the firearms in a home burglary, according to his plea agreement.
Crocker’s prior felony convictions, which increased his sentence, were burglary, third degree, in Cullman County Circuit Court in February 2012, burglary, third degree, in Cullman County Circuit Court in August 2009, and burglary, first degree, in Cullman County Circuit Court in March 2002.
ATF and the Cullman Police Department investigated the case, which Assistant U.S. Attorney Brad Felton prosecuted.
###
Moore Man Pleads Guilty to Child Porn ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Harold Blackwell, age 40, of Moore, pled guilty in federal court in Greenville, to possession of child pornography, a violation of Title 18, United States Code, Section 2252A. United States District Judge Bruce H. Hendricks of Charleston accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that undercover law enforcement agents engaging in child exploitation investigations were approached by Blackwell on a “KIK” messaging application. Blackwell sent an undercover officer videos and images of child pornography. Blackwell was approached by law enforcement and admitted to sending child pornography using his cell phone.
Ms. Drake stated the maximum penalty Blackwell can receive is a fine of $250,000 and/or imprisonment for no more than 20 years, plus a special assessment of $100.
The case was investigated by agents of the Federal Bureau of Investigation. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
#####
Mission Man Pleads Guilty and Sentenced for Simple AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man charged with Simple Assault pled guilty and was sentenced on March 15, 2017, by U.S. Magistrate Judge Mark A. Moreno.
Paris James Bordeaux, age 27, was sentenced to 6 months in custody, and $10 to the Federal Crime Victims Fund. Restitution is being left open for 90 days. Bordeaux’s conviction will count as a domestic violence offense.
The conviction stems from an incident that took place on July 24, 2016, when officers with the Rosebud Sioux Tribe Law Enforcement Services responded to a call regarding domestic abuse occurring at a home in Okreek, in Todd County. Bordeaux admitted to assaulting the victim, who was an intimate partner of Bordeaux.
The investigation was conducted by Rosebud Sioux Tribe Law Enforcement Services. The case was prosecuted by Assistant U.S. Attorneys Carrie G. Sanderson and Jeremy R. Jehangiri.
Bordeaux was ordered to report to the custody of the U.S. Marshals Service on April 18, 2017.
Milford Psychiatrist Sentenced to 26 Months for Illegal Drug Distribution, Health Care Fraud OffensesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that LJUDMIL KLJUSEV, M.D., 52, of Fairfield, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 26 months of imprisonment, followed by three years of supervised release, for distributing controlled substances outside of the scope of professional practice, and health care fraud. Judge Thompson also ordered KLUSEV to pay a $17,500 fine.
According to court documents and statements made in court, KLJUSEV, who operated a psychiatry practice in Milford, was a high-volume prescriber of Adderall and Xanax to patients, many of whom paid for office visits and prescriptions in cash.
Adderall, which is classified as a Schedule II drug by the DEA, is the brand name for a drug containing a combination of amphetamine and dextroamphetamine, both of which are central nervous system stimulants. This combination of drugs is used to treat narcolepsy and attention deficit hyperactivity disorder (“ADHD”). Xanax, which is classified as a Schedule IV drug by the DEA, is a brand name for a drug containing Alprazolam, a benzodiazepine drug. Alprazolam is commonly used to treat anxiety disorders or panic disorders.
The investigation, which included the use of confidential witnesses and an undercover officer posing as patients, revealed that KLJUSEV prescribed the drugs without a full medical examination of the patient, provided prescriptions without confirming conditions that would medically require treatment using these drugs and dispensed prescriptions in exchange for cash to patients who display substance abuse and addiction behaviors. KLJUSEV also directed non-physician employees to write prescriptions signed by KLJUSEV when he was out of the country.
In 2014 and 2015, KLJUSEV improperly billed private health insurers approximately $76,983 for medical services rendered when he was out of the country.
KLJUSEV has been detained since his arrest on November 12, 2015. On November 30, 2016, he pleaded guilty to one count of conspiracy to possess with intent to distribute narcotics, and one count of health care fraud.
As part of the resolution of this case, KLJUSEV has agreed to forfeit a property located at 227 Naugatuck Avenue in Milford, where his practice was based, $173,095.20 in cash that was seized from his office on the day of his arrest, and $117,431.13 that was contained in his business checking account.
Judge Thompson also ordered KLJUSEV to pay restitution in the total amount of $31,081.05 to two victim health insurers.
This investigation was conducted by the DEA’s New Haven Tactical Diversion Squad, Federal Bureau of Investigation and Milford Police Department. The DEA Tactical Diversion Squad includes officers from the Bristol, Greenwich, Hamden, Milford, New Haven, Shelton, Vernon and Wilton Police Departments. This case was prosecuted by Assistant U.S. Attorneys Sarah Karwan and Avi Perry.
Metairie Man Pleads Guilty in Methamphetamine Trafficking ConspiracyRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that STEVEN LYONS, age 40, pled guilty today to participating in a methamphetamine distribution conspiracy throughout the New Orleans area. Specifically, LYONS acknowledged responsibility for trafficking between 15 and 45 kilograms of methamphetamine in furtherance of the conspiracy.
According to court documents, in 2016, LYONS was a New Orleans area drug trafficker who was receiving parcels containing various amounts of methamphetamine from sources including codefendants TRUNG PHAM, CARLOS MARIO CANTU-COX, and CHRISTOPHER CANTU-COX. LYONS’s suppliers shipped methamphetamine to New Orleans from out of state using the U.S. Postal Service, Greyhound Package Express, and other services.
LYONS faces a mandatory minimum of 20 years of imprisonment and a maximum of life imprisonment, a fine of up to $20,000,000 and at least ten years of supervised release. U.S. District Judge Ivan L.R. Lemelle set sentencing for LYONS on June 21, 2017. Codefendants TRUNG PHAM, CARLOS MARIO CANTU-COX and CHRISTOPHER CANTU-COX are scheduled for trial on June 5, 2017.
Acting U.S. Attorney Evans praised the work of the United States Postal Inspection Service, Louisiana State Police, DEA New Orleans Division Office, and the New Orleans Police Department in investigating this matter. Assistant United States Attorney Brandon Long is in charge of the prosecution.
Memphis Man Indicted for Illegal Reentry into the United StatesRead the Press Release
Memphis, TN – A federal grand jury has indicted a Memphis man for illegal reentry into the United States. Lawrence J. Laurenzi, Acting U.S. Attorney for the Western District of Tennessee, announced the indictment today.
Official immigration records of Dionico Salazar-Martinez, a/k/a "Dionicio Salazar-Martinez," a/k/a/ "Martinez Salazar," age 53 reflect that he has been found in the United States and returned or removed to Mexico on 15 prior occasions.
According to the indictment, on or about January 25, 2017, the defendant, an alien, was found in Shelby County, Tennessee, after having been denied admission, excluded, deported and removed from the United States and not having obtained the express consent of the Secretary of Homeland Security to reapply for admission into the United States, in violation of Title 8, United States Code, Section 1326(a) and (b) (1).
Immigration records reflect the following:
- April 23, 1998, the defendant was arrested by the U.S. Border Patrol near Uvalde, Texas. He was given a Voluntary Return to Mexico.
- April 27, 1998, the defendant was arrested by the U.S. Border Patrol near Brackettville, Texas. He was given a Voluntary Return to Mexico.
- May 30, 1998, the defendant was arrested by the U.S. Border Patrol near Brackettville, Texas. He was given a Voluntary Return to Mexico.
- June 26, 1998, the defendant was arrested by the U.S. Border Patrol near Uvalde, Texas. He was given a Voluntary Return to Mexico.
- August 5, 1998, the defendant was arrested by the U.S. Border Patrol near Brackettville, Texas. He was given a Voluntary Return to Mexico.
- August 28, 1998, the defendant was arrested by the U.S. Border Patrol near Uvalde, Texas. He was given a Voluntary Return to Mexico.
- September 1, 1998, the defendant was arrested by the U.S. Border Patrol near Uvalde, Texas. He was given a Voluntary Return to Mexico.
- September 16, 1998, the defendant was arrested by the U.S. Border Patrol near Brackettville, Texas. He was given a Voluntary Return to Mexico.
- October 21, 1998, the defendant was arrested by the U.S. Border Patrol near Uvalde, Texas. He was given a Voluntary Return to Mexico.
- October 24, 1998, the defendant was arrested by the U.S. Border Patrol near Brackettville, Texas. He was given a Voluntary Return to Mexico.
- October 29, 1998, the defendant was arrested by the U.S. Border Patrol near Uvalde, Texas. He was given a Voluntary Return to Mexico.
- December 27, 1998, the defendant was arrested by the U.S. Border Patrol near Brackettville, Texas. He was placed into removal proceedings and on May 29, 1999, the defendant was removed from the United States to Mexico at El Paso, Texas.
- August 8, 1999, the defendant was arrested by the U.S. Border Patrol near Eagle Pass, Texas. He was placed into removal proceedings and on February 4, 2000, the defendant was removed from the United States to Mexico at Laredo, Texas.
- October 2, 2002, the defendant was arrested by the Immigration and Naturalization Service in Memphis, Tennessee. He was placed into removal proceedings and on October 23, 2002, the defendant was removed from the United States to Mexico at Laredo, Texas.
- August 13, 2003, the defendant was arrested by Immigration and Customs Enforcement in Memphis, Tennessee. He was placed into removal proceedings and on March 2, 2004, the defendant was removed from the United States to Mexico at Hidalgo, Texas.
If convicted, Salazar-Martinez faces a maximum possible sentence of ten (10) years imprisonment, a fine of $250,000, a three-year term of supervised release, and a $100 mandatory special assessment.
The case is being investigated by the United States Department of Homeland Security – Immigration and Customs Enforcement. Assistant U.S. Attorney Stephen Hall is prosecuting this case on the government’s behalf.
The charges and allegations in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Member of CD and DVD Counterfeiting Ring in Atlanta Sentenced to Five Years in PrisonRead the Press Release
ATLANTA – Mamadou Aliou Simakha has been sentenced to five years in prison for his involvement in a counterfeit DVD and CD ring. Simakha pleaded guilty on March 10, 2010, to one count of conspiracy to commit criminal copyright infringement, to traffic in counterfeit goods, and counterfeit labels.
“Simakha admitted his part as a high volume seller in a conspiracy to produce and traffic millions of pirated music CDs and DVDs which was a leading supplier for the southeastern U.S.,” said U.S. Attorney John Horn. “His decision to flee the country garnered him the statutory maximum sentence he deserves for his many years as a disc counterfeiter and international fugitive.”
“Criminal enforcement of the copyright laws plays an essential role in preserving the rights of American authors, artists and creators,” said Acting Assistant Attorney General Blanco. “This group of defendants stole from thousands of victims by mass-producing counterfeit music CDs and DVD movies in a far-reaching pirating operation. As this case demonstrates, we will continue to investigate, prosecute and, if necessary, extradite those individuals who seek to profit illegally by stealing the works of others.”
“The international extradition and resulting federal conviction and sentencing of Simakha clearly illustrates that the U.S. government will not tolerate the wholesale theft of intellectual property on this scale,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office. “The FBI will continue to be a significant partner in the fight against such individuals and groups engaged in criminal copyright infringement and counterfeit trafficking operations.”
“Intellectual property theft negatively impacts the U.S. economy, threatens consumer health and safety and funds black market criminal organizations involved in other illicit activities,” said Special Agent in Charge Annan. “HSI will continue to protect intellectual property rights, crack down on counterfeiting, and collaborate with industry and law-enforcement authorities to ensure we conduct effective and efficient intellectual property enforcement.”
According to U.S. Attorney Horn, the charges and other information presented in court: Simakha was one of 13 individuals charged by a federal grand jury on May 19, 2009, in an indictment alleging various copyright, trademark and counterfeit label offenses. At the plea hearing, Simakha admitted that two co-conspirators supplied him with blank CDs and DVDs and he burned counterfeit copies of music and movies onto the CDs and DVDs along with placing counterfeit artwork onto the CDs and DVDs. Simakha also admitted that he was involved in a conspiracy to then sell copies of the pirated works to others.
After entering his guilty plea, Simakha fled the country, and a warrant was issued for his arrest on April 6, 2010. On March 1, 2016, Simakha was arrested in Morocco and was extradited from Morocco into the custody of the U.S. Marshals Service (USMS) on December 15, 2016.
Seven other defendants were sentenced in 2011 to prison terms ranging from probation to five years. The court found that Simakha conspired with co-defendants and others to reproduce and distribute tens of thousands of copyright infringing music CDs and movie DVDs which, if legitimate, would have been worth more than $769,000.
Mamadou Aliou Simakha, 41, of Dakar, Senegal, was sentenced by U.S. District Judge William S. Duffey Jr., to five years in federal prison, three years of supervised release, a $100 special assessment, and ordered to pay restitution of $70,894.21, to the Motion Picture Association and Recording Industry Association of America.
Assistant U.S. Attorney Brian Pearce in the Northern District of Georgia and Assistant Deputy Chief John H. Zacharia of the DOJ Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case. The FBI and ICE-HSI investigated the case with assistance from the Atlanta Police Department Organized Crime Unit; Fulton County, Georgia, Sheriff’s Office; College Park, Georgia, Police Department; East Point, Georgia, Police Department; the Recording Industry Association of America; and the Motion Picture Association of America. The Office of International Affairs and USMS assisted in Simakha’s extradition from Morocco.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Member of CD and DVD Counterfeiting Ring in Atlanta Sentenced to 60 Months in PrisonRead the Press Release
A Dakar, Senegal, man was sentenced to 60 months in prison today for his involvement in a counterfeit DVD and CD ring.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney John A. Horn of the Northern District of Georgia, Special Agent in Charge David J. LeValley of the FBI’s Atlanta Field Office and Special Agent in Charge Nick S. Annan of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Atlanta made the announcement.
Mamadou Aliou Simakha, 41, was also ordered to pay $70,894 in restitution, jointly and severally with his co-defendants, by U.S. District Judge William S. Duffey Jr. of the Northern District of Georgia. Simakha pleaded guilty on March 10, 2010, to one count of conspiracy to commit criminal copyright infringement, to traffic in counterfeit goods and to traffic in counterfeit labels.
After entering his guilty plea, Simakha fled the country, and a warrant was issued for his arrest on April 6, 2010. On March 1, 2016, Simakha was arrested in Morocco and was extradited from Morocco into the custody of the U.S. Marshals Service (USMS) on Dec. 15, 2016.
“Criminal enforcement of the copyright laws plays an essential role in preserving the rights of American authors, artists and creators,” said Acting Assistant Attorney General Blanco. “This group of defendants stole from thousands of victims by mass-producing counterfeit music CDs and DVD movies in a far-reaching pirating operation. As this case demonstrates, we will continue to investigate, prosecute and, if necessary, extradite those individuals who seek to profit illegally by stealing the works of others.”
“Simakha admitted his part as a high volume seller in a conspiracy to produce and traffic millions of pirated music CDs and DVDs which was a leading supplier for the southeastern United States,” said U.S. Attorney Horn. “His decision to flee the country garnered him the statutory maximum sentence he deserves for his many years as a disc counterfeiter and international fugitive.”
“The international extradition and resulting federal conviction and sentencing of Simakha clearly illustrates that the U.S. government will not tolerate the wholesale theft of intellectual property on this scale,” said Special Agent in Charge LeValley. “The FBI will continue to be a significant partner in the fight against such individuals and groups engaged in criminal copyright infringement and counterfeit trafficking operations.”
“Intellectual property theft negatively impacts the U.S. economy, threatens consumer health and safety and funds black market criminal organizations involved in other illicit activities,” said Special Agent in Charge Annan. “HSI will continue to protect intellectual property rights, crack down on counterfeiting, and collaborate with industry and law-enforcement authorities to ensure we conduct effective and efficient intellectual property enforcement.”
At the plea hearing, Simakha admitted that two co-conspirators supplied him with blank CDs and DVDs and Simaka burned counterfeit copies of music and movies onto the CDs and DVDs along with placing counterfeit artwork onto the CDs and DVDs. Simakha also admitted that he was involved in a conspiracy to then sell copies of the pirated works to others.
Simakha was one of 13 individuals charged by a federal grand jury on May 19, 2009, in an indictment alleging various copyright, trademark and counterfeit label offenses. Seven other defendants were sentenced in 2011 to prison terms ranging from probation to five years. The court found that Simakha conspired with co-defendants and others to reproduce and distribute tens of thousands of copyright infringing music CDs and movie DVDs which, if legitimate, would have been worth more than $769,000.
Assistant Deputy Chief John H. Zacharia of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Brian Pearce of the Northern District of Georgia prosecuted the case. The FBI and ICE-HSI investigated the case with assistance from the Atlanta Police Department Organized Crime Unit; Fulton County, Georgia, Sheriff’s Office; College Park, Georgia, Police Department; East Point, Georgia, Police Department; the Recording Industry Association of America; and the Motion Picture Association of America. The Office of International Affairs and USMS assisted in Simakha’s extradition from Morocco.McAlester Man Sentenced to 78 Months for Possession of Material Involving Sexual Exploitation of MinorsRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that BRANDON RAY PARKER, age 41, of McAlester, Oklahoma, was sentenced to 78 months imprisonment and 5 years of supervised release for POSSESSION OF CERTAIN MATERIAL INVOLVING THE SEXUAL EXPLOITATION OF MINORS, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2).
The Indictment alleged that between in or about October 2013 and on or about October 2, 2015, in the Eastern District of Oklahoma, the defendant, did knowingly possess, attempt to possess and access with intent to view matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.
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 in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Edward Snow represented the United States.
Mauldin Man Pleads Guilty to Child Porn ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that David Specyalski, age 47, of Mauldin, pled guilty in federal court in Greenville, to possession of child pornography, a violation of Title 18, United States Code, Section 2252A. United States District Judge Bruce H. Hendricks of Greenville accepted the plea and will impose sentence after she has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that law enforcement conducted a proactive investigation involving a file-sharing network used by individuals with an interest in child pornography. An undercover officer downloaded a video that Specyalski had available for sharing.A federal search warrant was obtained and executed. A forensic exam of his computer revealed twelve videos of child pornography. Specyalski has a prior state child pornography possession conviction.
Ms. Drake stated the maximum penalty Specyalski can receive is a fine of $250,000 and/or imprisonment for not less than 10 years and no more than 20 years, plus a special assessment of $100.
The case was investigated by agents with ICE - Homeland Security Investigations. Assistant United States Attorney Bill Watkins of the Greenville office handled the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorneys’ Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information, please visit www.projectsafechildhood.gov.
#####
Maryland Chiropractor Indicted for Filing False Tax Returns and Obstructing the IRSRead the Press Release
Baltimore, Maryland – A federal grand jury has indicted Dr. Warren Gregory Belcher, age 58, of Salisbury, Maryland, with one count of corruptly endeavoring to impede the Internal Revenue Service (IRS) and six counts of filing false tax returns. The indictment was returned on March 20, 2017, and unsealed late on March 21, 2017.
The indictment was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division; and Acting Special Agent in Charge Thomas J. Holloman of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.
According to the indictment, Dr. Belcher, operated a chiropractic business for nearly 20 years. During that time, he received income for chiropractic services from insurance companies, patients and other third parties, including another chiropractor in Baltimore. The indictment alleges that for the years 2009 through 2015, Belcher filed false individual income tax returns on which he failed to report that he operated a chiropractic business and falsely claimed that he had earned $0 in business income.
The indictment further alleges that between 2008 and 2015, Belcher submitted approximately 79 letters to insurance companies and other third parties in which he threatened that the companies could be subject to civil and criminal penalties for reporting his income to the IRS on a Form 1099-MISC. A Form 1099-MISC is a tax form that is used to report certain types of income to the IRS, including payments for services performed by someone who is not an employee and medical and health care payments. Belcher also made threatening statements to an accountant to prevent the accountant from reporting his income to the government. In addition, Belcher is alleged to have submitted approximately 68 fraudulent Forms 1099-MISC to the IRS on which he falsely claimed that the companies who reported his income to the IRS on Forms 1099-MISC for those years had paid him $0 in income. Finally, Belcher allegedly responded to notices from the IRS regarding additional taxes he owed for the years 2009 and 2011 and a penalty that the IRS assessed against him for filing a frivolous income tax return by sending letters to the IRS in which he falsely claimed that the IRS was violating the law by assessing and collecting his taxes.
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.
If convicted, Belcher faces a statutory maximum sentence of three years in prison on each count of the indictment. Belcher is scheduled to have an initial appearance today in U.S. District Court in Baltimore.
U.S. Attorney Rosenstein and Acting Deputy Assistant Attorney General Goldberg commended special agents of IRS–Criminal Investigation, for their work in the investigation, and Assistant U.S. Attorney Sean R. Delaney and Trial Attorney Melissa S. Siskind of the Justice Department’s Tax Division, who are prosecuting the case.
Maryland Chiropractor Indicted for Filing False Tax Returns and Obstructing the IRSRead the Press Release
A grand jury in Baltimore, Maryland returned an indictment on March 9, which was unsealed yesterday, charging a chiropractor with one count of corruptly endeavoring to impede the Internal Revenue Service (IRS) and six counts of filing false tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Rod J. Rosenstein for the District of Maryland.
According to the indictment, Dr. Warren Gregory Belcher, a resident of Salisbury, Maryland, operated a chiropractic business for nearly 20 years. During that time, he received income for chiropractic services from insurance companies, patients and other third parties, including another chiropractor in Baltimore. The indictment alleges that for the years 2009 through 2015, Belcher filed false individual income tax returns on which he failed to report that he operated a chiropractic business and falsely claimed that he had earned $0 in business income.
The indictment further alleges that between 2008 and 2015, Belcher submitted approximately 79 letters to insurance companies and other third parties in which he threatened that the companies could be subject to civil and criminal penalties for reporting his income to the IRS on a Form 1099-MISC. A Form 1099-MISC is a tax form that is used to report certain types of income to the IRS, including payments for services performed by someone who is not an employee and medical and health care payments. Belcher also made threatening statements to an accountant to prevent the accountant from reporting his income to the government. In addition, Belcher is alleged to have submitted approximately 68 fraudulent Forms 1099-MISC to the IRS on which he falsely claimed that the companies who reported his income to the IRS on Forms 1099-MISC for those years had paid him $0 in income. Finally, Belcher is alleged to have responded to notices from the IRS regarding additional taxes he owed for the years 2009 and 2011 and a penalty that the IRS assessed against him for filing a frivolous income tax return by sending letters to the IRS in which he falsely claimed that the IRS was violating the law by assessing and collecting his taxes.
An indictment is not a finding of guilt. It merely alleges that crimes have been committed. A defendant is presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Belcher faces a statutory maximum sentence of three years in prison on each count of the indictment, as well as a term of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Rosenstein commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Trial Attorney Melissa S. Siskind of the Tax Division and Assistant U.S. Attorney Sean R. Delaney of the District of Maryland, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Lower Brule Man Sentenced on Drug ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, man convicted of Possession with Intent to Distribute a Controlled Substance was sentenced on March 20, 2017, by U.S. District Judge Karen E. Schreier.
Dru Peterson, age 29, was sentenced to 30 months in custody, and three years of supervised release. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Peterson was indicted for Possession with Intent to Distribute a Controlled Substance by a federal grand jury on March 9, 2016. He pled guilty on December 28, 2016.
On August 27, 2015, Yankton Sioux Tribal Police officers responded to a call at the Fort Randall Casino of suspicious activity in a parked vehicle. Three individuals were in the vehicle, Dru Peterson, and two of his three co-defendants Wanda Fields and Lacey Crow. The fourth defendant, Renee Peterson, had been in the casino and, upon arriving at the car while the officers were questioning the others, gave officers permission to search the vehicle. Officers found 32.07 grams of methamphetamine and drug paraphernalia in the vehicle. All four individuals were arrested.
This case was investigated by Yankton Sioux Tribal Police and the Bureau of Indian Affairs. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Peterson was immediately turned over to the custody of the U.S. Marshals Service. Peterson’s co-defendants all pleaded guilty and are awaiting sentencing.
Long-Time Bonanno Crime Family Member Indicted for Arson; Six Others Indicted for Violent CrimesRead the Press Release
BROOKLYN, NY – Two indictments were unsealed this morning in federal court in the Eastern District of New York charging seven defendants variously with arson, bank robbery, Hobbs Act robberies and firearms offenses based, in part, on their participation in the criminal affairs of the Bonanno organized crime family of La Cosa Nostra (the Bonanno family).[1] The defendants – Vincent Asaro, John J. Gotti, Michael Guidici, Matthew Rullan, also known as “Fat Matt,” Christopher Boothby, also known as “Bald Chris,” Matthew Hattley, also known as “Mack,” and Darren Elliott – were arrested earlier today.
The seven defendants are scheduled to be arraigned this afternoon before United States Magistrate Judge Roanne L. Mann, at the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The cases have been assigned to United States District Judge Allyne R. Ross.
The charges and arrests were 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).
“The defendants are charged with committing an assortment of violent crimes – arson to exact punishment for a perceived slight and robberies to unjustly enrich themselves. This Office and its partners will continue to vigilantly pursue such organized violence and stop it in its tracks,” said Acting United States Attorney Rohde. Ms. Rohde thanked the Queens District Attorney’s Office, the New York City Police Department (“NYPD”), and the Nassau County Police Department’s Major Case Bureau and Robbery Squad for their assistance in the investigations.
“A man well-known in organized crime circles allegedly got cut off in traffic, and exacted his revenge by sending his associates to allegedly torch the victim’s car. The FBI refuses to allow acts like arson, bank robbery and home invasions to be conducted as business as usual, as if it is just another day in the office. The FBI and our law enforcement partners will continue to aggressively go after those who refuse to follow the laws and prey upon the law-abiding public,” said FBI Assistant Director-in-Charge Sweeney.
Arson
As alleged in the government’s court filings, Asaro was inducted into the Bonanno family more than 30 years ago and has previously held the position of captain. In early April 2012, Asaro was traveling in a car in Howard Beach when he became enraged at another motorist who had switched lanes in front of Asaro at a traffic light. Asaro chased the other vehicle at a high rate of speed. Later, after obtaining the home address of the owner of the other vehicle, Asaro directed an associate of the Bonanno family (“Associate-1”) to set fire to that vehicle. Associate-1 then recruited Gotti and Rullan to help him carry out the arson.
As further alleged, Associate-1, Gotti and Rullan drove in Gotti’s Jaguar sedan to a service station in the pre-dawn hours of April 4, 2012 where they filled a container with gasoline and proceeded to the residence of the owner of the other vehicle. Associate-1 doused the vehicle with gasoline, and Rullan ignited it. An NYPD police officer in an unmarked car observed the crime in progress and pursued the Jaguar on a high-speed chase through the streets of Queens until he terminated the pursuit for safety reasons due to Gotti’s reckless driving.
The following day, Associate-1 told Asaro about the arson, and Asaro drove to the auto body shop where the burned vehicle had been towed to confirm that his order had been carried out.
Bank Robbery
Two weeks after the vehicle arson, Gotti, Rullan, and Guidici allegedly robbed the Maspeth Federal Savings and Loan Association. On April 18, 2012 at approximately 5:45 p.m., Guidici entered the bank and handed the teller a note demanding money and stating, among other things, “I HAVE A BOMB[.]” The teller placed $5,491 on the counter, which Guidici took. Guidici then joined Gotti and Rullan who were waiting outside the bank in a car. The three defendants then fled the scene together.
Home Invasion Robbery
Boothby, an associate of the Bonanno family, and Hattley are charged with robbing a residence in Queens on March 12, 2014. Boothby remained outside the home as a lookout while Hattley and another Bonanno associate (“Associate-2”) tied up the homeowner’s girlfriend (“Jane Doe”). The defendants then stole more than $50,000 in cash and hundreds of thousands of dollars’ worth of jewelry, including high-end designer watches and a Cartier ring from Jane Doe’s finger, among other items.
Jewelry Store Robbery and Attempts
Hattley and Elliott are charged with the gunpoint robbery of a jewelry store in Franklin Square, Long Island, making off with approximately $250,000 in merchandise, and the attempted robberies of two other jewelry stores, also in Franklin Square, between August 17, 2011 and May 5, 2012. The jewelry store owners were menaced with guns and tied up.
All of the defendants face a maximum sentence of 20 years’ imprisonment on the robbery, attempted robbery, arson and arson conspiracy charges. In addition, Asaro, Gotti and Rullan each face a mandatory minimum sentence of five years’ imprisonment if convicted of the arson-related charges and Hattley and Elliot face a mandatory minimum sentence of seven years’ imprisonment if convicted of the firearms charges.
The government’s case is being prosecuted by the Office’s Organized Crime & Gangs Section. Assistant United States Attorneys Nicole M. Argentieri, Lindsay K. Gerdes, Keith D. Edelman, and Alicyn L. Cooley are in charge of the prosecution.
The Defendants:
VINCENT ASARO
Age: 82
Queens, NY
JOHN J. GOTTI
Age: 23
Queens, NY
MICHAEL GUIDICI
Age: 22
Queens, NY
MATTHEW RULLAN, a.k.a. “Fat Matt”
Age: 26
Queens, NY
CHRISTOPHER BOOTHBY, a.k.a. “Bald Chris”
Age: 37
Queens, NY
DARREN ELLIOTT
Age: 30
Queens, NY
MATTHEW HATTLEY, a.k.a. “Mack”
Age: 26
Queens, NY
E.D.N.Y. Docket Nos. 17-CR-00127 (RRM) and 17-CR-00128 (ARR)
[1] The charges contained in the indictments are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
Local Restaurant Owner Pleads to Felon in Possession of Firearms and Ammunition ChargeRead the Press Release
Contact Person: Stacey D. Haynes (803) 929-3000
Columbia, South Carolina ---- United States Attorney Beth Drake stated that Nigel Michael Sandiford, a/k/a “Marvin H. Rogers,” a/k/a “Cecil Price,” age 43, of Columbia, plead guilty in federal court today to being a felon in possession of firearms and ammunition, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). Senior United States District Judge Cameron McGowan Currie of Columbia accepted the guilty plea and will impose sentence after she has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
Evidence presented in court during the guilty plea hearing established that July 18, 2016, federal agents executed a search warrant at Sandiford’s Montego Bay restaurant on Parklane Road in Columbia. Inside the restaurant, agents located a Mossberg 12 gauge shotgun, a Glock .45 caliber handgun, as well as a high capacity magazine, and assorted rounds of 12 gauge shotgun shells, .40 caliber ammunition, .45 caliber ammunition, and 9mm ammunition. Sandiford admitted to possessing the firearms and ammunition and to having a prior Richland County drug conviction under the alias “Marvin H. Rogers.” Sandiford is prohibited under federal law from possessing firearms based upon his prior state conviction for possession with intent to distribute cocaine.
Sandiford faces a maximum of ten years imprisonment, a fine of $250,000, and three years of supervised release on the felon in possession of a firearm and ammunition charge. Sandiford, a native of Trinidad and Tobago, is also currently facing deportation proceedings.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Drug Enforcement Administration (DEA) and was prosecuted as part of the joint federal, state and local Project CeaseFire initiative, which aggressively prosecutes firearm cases. Assistant United States Attorney Stacey D. Haynes of the Columbia office handled the case.
#####
Leader of Fraudulent Credit Card Scheme Pleads Guilty to Federal ChargesRead the Press Release
Greenbelt, Maryland – Hussain Abdullah, age 39 of Forestville, Maryland, pleaded guilty on March 21, 2017, to conspiracy to commit wire fraud, aggravated identity theft, and being a felon in possession of a firearm, related to a scheme to use victims’ stolen identity information to obtain credit. The conspirators used the fraudulent credit cards to obtain money and merchandise.
Co-conspirators Shazad Khan, age 56, of Maryland, Patricia Lynn Hiter, age 51, of Lawrenceville, Georgia, and James Edward Foster, age 61, of Woodbridge, Virginia, previously pleaded guilty to the wire fraud conspiracy and aggravated identity theft.
The guilty pleas were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Brian J. Ebert of the United States Secret Service, Washington, D.C. Field Office; Chief J. Thomas Manger of the Montgomery County Police Department; and Chief Hank Stawinski of the Prince George’s County Police Department.
According to their plea agreements, Abdullah obtained and helped obtain the personal identifying information (PII) of others, without their knowledge or consent. From October 2014 through July 2016, Abdullah used the victim’s stolen personal information to create fake driver’s licenses in the names of the victims. As part of the conspiracy, Abdullah provided over 30 fake driver’s licenses to Khan, Hiter, Foster, and directed them to use the victims’ personal information to open instant credit cards in the victims’ names. Khan, Hiter, Foster, Shivers, and others used the fraudulent driver’s licenses to apply for credit at retail stores, and used the credit cards they obtained to purchase merchandise, including electronics and jewelry, and gift cards.
On September 30, 2016, Abdullah was arrested in Philadelphia and law enforcement seized a backpack and suitcase belonging to Abdullah. Inside the suitcase law enforcement recovered a .45/.410 caliber handgun, which Abdullah had transported to Pennsylvania from Maryland a few days earlier. Abdullah was prohibited from possessing a firearm or ammunition due to a previous felony conviction. Investigation showed that the handgun had previously been reported stolen during a residential robbery in Virginia. On October 1, 2016, law enforcement executed a search at Abdullah’s residence in Baltimore. During the search, law enforcement recovered a thumb drive containing approximately 799 documents bearing suspected victim names, including credit reporting information relating to those victims, and approximately 187 identification card templates bearing the photographs of 36 different suspects. A search of Abdullah’s suitcase recovered blank identification card stocks containing Virginia, Maryland, and Washington, D.C. holograms. Abdullah’s fingerprints were found on the card stock. Finally, law enforcement also recovered a phone with additional victim names, and a laptop computer containing the names of 32 victims.
The total loss to the card issuers was over $225,000, and the names of at least 65 victims – most of them Maryland residents - were used at retail stores without their permission. In addition, law enforcement has identified approximately 1,000 suspected victims based on their investigation of this scheme.
Abdullah and the government have agreed that if the Court accepts the plea agreement Abdullah will be sentenced to between 45 and 65 months in prison. U.S. District Judge George J. Hazel has scheduled sentencing for May 31, 2017 at 2:00 p.m.
Khan, Hiter, and Foster each face a maximum sentence of 30 years in prison for wire fraud conspiracy, and a mandatory two years in prison, consecutive to any other sentence imposed, for aggravated identity theft. Judge Hazel has scheduled the sentencing for Khan on July 31, 2017, at 9:30 a.m.; for Hiter on May 15, 2017, at 2 p.m.; and for Foster on June 21, 2017, at 9:30 a.m.
Bland Shivers, age 50, of New Bern, North Carolina, previously pleaded guilty to the wire fraud conspiracy and aggravated identity theft and is awaiting sentencing.
The Maryland Identity Theft Working Group has been working since 2006 to foster cooperation among local, state, federal, and institutional fraud investigators and to promote effective prosecution of identity theft schemes by both state and federal prosecutors. This case, as well as other cases brought by members of the Working Group, demonstrates the commitment of law enforcement agencies to work with financial institutions and businesses to address identity fraud, identify those who compromise personal identity information, and protect citizens from identity theft.
Today’s announcement is part of the efforts undertaken in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
United States Attorney Rod J. Rosenstein commended the U.S. Secret Service National Capitol Region Multi-Agency Task Force, the Montgomery County Police Department and Prince George’s County Police Department for their investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Arun G. Rao, who is prosecuting the case.
Lawrence, Massachusetts Man Sentenced to 87 Months in Prison for Conspiring to Distribute FentanylRead the Press Release
CONCORD, N.H.: Elgid Guzman, 46, of Lawrence, Massachusetts was sentenced today to serve 87 months in federal prison for conspiring to distribute fentanyl, announced Acting United States Attorney John J. Farley.
According to court documents and statements in court, Guzman conspired to distribute in excess of 4 kilograms of fentanyl. Between May and August of 2016, Guzman made five sales of fentanyl to an individual who was cooperating with law enforcement officers. Following the sales, a search warrant was executed at Guzman’s Lawrence residence. Approximately $113,100 in cash was found hidden in a wall of the apartment.
Guzman, who previously pleaded guilty to the charge, will be placed on supervised release for five years following his release from prison. He also was ordered to forfeit the $113,100 in drug proceeds that had been seized from his residence.
“Fentanyl has been the cause of the majority of overdose deaths in New Hampshire. Thanks to the cooperation of the Drug Enforcement Administration and our local partners, law enforcement officers were able to prevent a large quantity of this potentially deadly drug from being sold on the street. I particularly want to commend the Manchester Police Department and the DEA for their excellent work in stopping this very significant drug trafficking operation,” said Acting United States Attorney Farley.
“The state of New Hampshire is faced with a fentanyl and heroin crisis unlike ever before,” said Special Agent in Charge Michael J. Ferguson. “Those suffering from a fentanyl and heroin substance use disorder need treatment and recovery, but those who are coming from out of state to distribute and profit from spreading this misery need to be held accountable. This investigation demonstrates the strength of collaborative law enforcement in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively seek and bring to justice anyone who distributes these drugs.”
This matter was jointly investigated by the United States Drug Enforcement Administration, the Manchester, New Hampshire Police Department, and the Lawrence, Massachusetts Police Department. The case was prosecuted by Assistant U.S. Attorney Seth R. Aframe.
###
Lawrence Man Pleads Guilty to Money Laundering and Theft of Public FundsRead the Press Release
BOSTON – Leonardo Lara, 36, pleaded guilty yesterday to concealment money laundering, transacting in criminally-derived property, and theft of public funds. U.S. District Court Judge Rya W. Zobel scheduled sentencing for June 28, 2017.
On at least 10 occasions between January and March 2012, Lara converted fraudulent United States Treasury tax refund checks for his own use. Specifically, Lara deposited into his personal checking account at least 10 fraudulent tax refund checks payable in the names of taxpayers in Puerto Rico and elsewhere that resulted from the filing of fraudulent tax returns in tax years 2010 and 2011. Each of the tax refund checks was endorsed with the purported signature of the payee taxpayer and the notation “pay to the order of Leonardo Lara” along with the defendant’s signature. The payees of the tax refund checks did not earn the wages reported in the tax returns and were unaware that the tax returns had been filed in their names. Shortly after the tax refund checks cleared, Lara made cash withdrawals from the account. In total, he converted at least $67,871 in government funds for his own use.
In addition, Lara engaged in money laundering activity relating to the purchase of property. Specifically, on Feb. 12, 2012, Lara purchased a cashier’s check in the amount of $56,574 with funds withdrawn from an account controlled by him held in the name of JZE LLC. The bank account was funded, at least in part, by structured cash deposits, and the funds withdrawn from the bank had been derived, at least in part, from Lara’s theft of public funds. Lara used the cashier’s check to purchase property on Riverside Drive in Lawrence, Mass. Lara conducted a similar activity on March 16, 2012 – purchasing a cashier’s check for $60,657 and using it to purchase property on Florence Street in Lawrence. These transactions were designed to conceal the nature and source of the proceeds.
The charge of concealment money laundering provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $500,000 and forfeiture. The charges of transacting in criminally-derived property and theft of public funds provides for a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000, forfeiture and restitution. 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; Joel P. Garland, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigation Division in Boston; and Michael Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division, made the announcement today. Assistant U.S. Attorney Linda M. Ricci of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.
Laurel Man Sentenced to over 19 Years in Federal Prison for Defrauding Victims of Millions of Dollars Through Internet Dating ScamRead the Press Release
Greenbelt, Maryland – U.S. District Judge Paul W. Grimm sentenced Gbenga Ogundele a/k/a “Benson Ogundele,” age 58; of Laurel, Maryland, today to 234 months in prison, and sentenced his wife, Moji Popoola, a/k/a “Mojisola Oluwakemi Tin Popoola” and “Moji T. Popoola,” age 42, also of Laurel, to 18 months in prison, each followed by three years of supervised release, for conspiracies to commit wire fraud and money laundering arising from a scheme to defraud vulnerable victims of millions of dollars. Ogundele was also convicted of aggravated identity theft in connection with the scheme. Judge Grimm ordered that Mojisola Popoola’s supervised release is to be served in home detention. Judge Grimm also ordered Ogundele to forfeit $2,195,103.36, and ordered Mojisola Popoola to forfeit approximately $165,000 and to pay restitution of $34,100.
On March 20, 2017, Judge Grimm sentenced Moji Popoola’s brother, Babatunde Emmanuel Popoola, a/k/a “Emmanuel Popoola” and “Tunde Popoola, age 34, of Bowie, Maryland, to 12 years in prison, on the same charges. Judge Grimm ordered Babatunde Popoola to pay restitution of $465,170.76. Ogundele and the Popoolas were convicted on November 18, 2016, after a 17-day trial.
In a related case, Funmilayo Joyce Shodeke, age 67, of Burtonsville, Maryland, pleaded guilty on March 22, 2017 to conducting an unlicensed money transmitting business, and was sentenced to 13 months’ probation, and ordered to forfeit $29,900.
The sentences were announced by United States Attorney for the District of Maryland Rod J. Rosenstein and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation.
According to the evidence presented at trial, and co-conspirators’ plea agreements, from January 2011 to May 18, 2015, members of the conspiracy searched online dating websites to initiate romantic relationships with vulnerable male and female individuals. They phoned, emailed, texted and used internet chat messenger services to form romantic relationships with the victims, who lived in Maryland and around the country.
Members of the conspiracy used false stories and promises to convince the victims to provide money to the conspirators, including fake hospital bills, plane trips to visit the victims, problems with overseas businesses and foreign taxes. Ogundele, the Popoolas, co-conspirators Olusegun Charles Ogunseye, Olufemi Wilfred Williams, Adeyinka Olubunmi Awolaja and others opened bank accounts, called “drop accounts,” in order to receive millions of dollars from the victims. The victims provided money to the defendants as a result of the false stories and promises, either depositing money directly into drop accounts controlled by the defendants, or by checks sent to the conspirators. The payments from victims ranged from $1,720 to $50,000. Ogundele, Babatunde Popoola, and others used victims’ names, bank account numbers or driver’s licenses in furtherance of the fraud scheme.
Ogundele, the Popoolas, Ogunseye, Williams, Awolaja and their co-conspirators dispersed money received from the victims by transferring funds to other accounts controlled by the conspirators, by obtaining cashier’s checks, and by writing checks to individuals or entities, in order to conceal the nature, source, and control of those assets.
Co-conspirator Victor Oyewumi Oloyede, age 42, of Laurel, Maryland, was also convicted at trial for his role in the fraud scheme. Oloyede was sentenced to 234 months in prison.
Co-conspirators Olusegun Charles Ogunseye, age 59 of Laurel, Maryland, Olufemi Wilfred Williams, age 28, of Owings Mills, Maryland, and Adeyinka Olubunmi Awolaja, Jr., age 34, of New Carollton, Maryland, each pleaded guilty to conspiracy to commit money laundering. Judge Grimm scheduled sentencing for Awolaja on June 12, 2017, for Ogunseye on July 25, 2017, and for Williams on July 27, 2017, all at 2:30 p.m.
The Maryland Identity Theft Working Group has been working since 2006 to foster cooperation among local, state, federal, and institutional fraud investigators and to promote effective prosecution of identity theft schemes by both state and federal prosecutors. This case, as well as other cases brought by members of the Working Group, demonstrates the commitment of law enforcement agencies to work with financial institutions and businesses to address identity fraud, identify those who compromise personal identity information, and protect citizens from identity theft.
Today’s announcement is part of the efforts undertaken in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets; and conducting outreach to the public, victims, financial institutions and other organizations. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants. For more information on the task force, please visit www.StopFraud.gov.
United States Attorney Rod J. Rosenstein commended the FBI for its work in the investigation and thanked Assistant U.S. Attorney Thomas P. Windom, who is prosecuting the case.
Las Cruces Man Pleads Guilty to Assaulting Federal and Local Law Enforcement OfficersRead the Press Release
ALBUQUERQUE – Richard Ruiz Leyva, 36, of Las Cruces, N.M., pled guilty today in federal court to assaulting federal and local law enforcement officers. Under the terms of his plea agreement, Leyva will be sentenced to 82 months in prison followed by a term of supervised release to be determined by the court.
Leyva was arrested in Aug. 2016, and charged by a criminal complaint with assaulting and resisting federally commissioned officers of the U.S. Marshals Service (USMS). According to the complaint, Leyva assaulted the officers by using his vehicle as a weapon by repeatedly running into law enforcement vehicles as the law enforcement officers attempted to conduct a traffic stop on Leyva. Leyva also drove his vehicle directly at a USMS Federally Deputized Task Force Officer (TFO) who had exited his vehicle after Leyva had rendered the TFO’s vehicle inoperable by crashing into the law enforcement vehicle.
During today’s proceedings, Leyva pled guilty to a felony information charging him with two counts of assaulting, resisting and interfering with federal officers and other law enforcement officers engaged in the performance of their official duties. In entering the guilty plea, Leyva admitted that on Aug. 19, 2016, he used his vehicle as a deadly weapon in an attempt to flee from federal and local law enforcement officers because of an outstanding warrant for his arrest. Leyva further admitted that he drove directly at a TFO who had exited his law enforcement vehicle, but turned when the TFO fired his weapon at Leyva in an attempt to stop Leyva.
Leyva remains in custody pending a sentencing hearing which has yet to be scheduled.
This case was investigated by the Las Cruces offices of the FBI and the USMS and the Las Cruces Police Department. Assistant U.S. Attorney Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office is prosecuting the case.
Lake Andes Man Sentenced on Weapons ChargeRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lake Andes, South Dakota, man convicted of Felon in Possession of Firearms was sentenced on March 20, 2017, by U.S. District Judge Karen E. Schreier.
Michael Shane Thompson, age 44, was sentenced to time served, six months of home confinement, and three years of supervised released. He was also ordered to pay $100 to the Federal Crime Victims Fund.
Thompson was indicted for Felon in Possession of Firearms by a federal grand jury on March 9, 2016. He pled guilty on December 15, 2016.
On February 11, 2016, Yankton Sioux Tribal Police responded to a welfare check on children in Lake Andes. Law enforcement observed the residence was unfit for any child’s welfare and safety. The children’s parents appeared to be under the influence of methamphetamine. Law enforcement observed drug paraphernalia and a sawed-off 12-gauge shotgun. A search warrant was obtained, and more firearms and miscellaneous ammunition were found in the home and garage.
This case was investigated by Yankton Sioux Tribal Police, and Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Jeremy R. Jehangiri prosecuted the case.
Kingsport Residents Sentenced for Federal Fraud CrimesRead the Press Release
GREENEVILLE, Tenn. – On Mar. 22, 2017, Jimmy Allen Hulse, 56, and Randy Gerald Harkleroad, 49, both of Kingsport, Tenn., were sentenced by the Honorable J. Ronnie Greer, U.S. District Court Judge to serve time in federal prison for their roles in a mail and wire fraud conspiracy. Hulse received a prison sentence of 22 months while Harkleroad received 12 months. Both were ordered to complete three years on supervised release, pay restitution of $327,612, and pay $100 special assessments.
Hulse and Harkleroad pleaded guilty to an information charging them with conspiring to commit mail fraud and wire fraud. In the plea agreement on file with U.S. District Court, they admitted that over a two-year period, beginning in mid-2013, they submitted 585 false claims to Goodman Manufacturing, a manufacturer of water heaters in Houston, Tex. The false claims generated payments of $310,994 for labor and a loss of $16,618 in parts credit for water heater warranty work that was never performed. Hulse worked for East Coast Metal Distributors, which sold Goodman water heaters and extended warranty plans. Harkleroad was the owner of Point Blank Heating and Air, a heating, ventilation, and air conditioning contractor.
Agencies involved in this investigation included the Federal Bureau of Investigation and Internal Revenue Service, Criminal Investigations. Helen Smith, Assistant U.S. Attorney represented the United States.
###
Jury Convicts Two in Methamphetamine Distribution ConspiracyRead the Press Release
FORT WORTH — Following a two-day jury trial before U.S. District Judge Reed C. O’Connor, a federal jury has convicted two Fort Worth men on felony drug offenses, announced U.S. Attorney John Parker of the Northern District of Texas.
David Piper, Jr., 52, and Carlos Cortinas, 39, were each convicted late yesterday on one count of conspiracy to possess with intent to distribute methamphetamine. The drug trafficking conspiracy count carries a maximum statutory penalty of life in federal prison and a $10 million fine. Sentencing is scheduled for July 17, 2017.
Co-conspirator Chadwick Hernandez, 32, pleaded guilty in February 2017 to the same offense and is scheduled to be sentenced June 26, 2017.
The government presented evidence at trial that beginning in March 2015 until January 20, 2016 Piper and Cortinas possessed with the intent to distribute 500 grams or more of methamphetamine. Evidence elicited at trial showed that methamphetamine distributors from Arlington, including Cortinas, transported multiple pounds of methamphetamine to Piper for re-distrubution of methamphetamine in Bolivar, Missouri.
DEA Fort Worth investigated with the assistance of DEA’s Springfield and Tulsa offices, Arlington Police Department, Fort Worth Police Department, North Richland Hills Police Department, Oklahoma DPS, and Polk County, Missouri Sheriff’s Office. Assistant U.S. Attorneys Aisha Saleem and Shawn Smith prosecuted.
# # #