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Monday 20 March 2017
Officials of the Kinloch Fire Protection District Charged with Stealing MoneyRead the Press Release
St. Louis, MO – Darren Small and Jayna Small, husband and wife of Kinloch, MO, have been charged by complaint with conspiracy, access device fraud and wire fraud in connection with their alleged theft of funds from the Kinloch Fire Protection District. Darren Small is the Chief of the Fire Protection District, and Jayna Small is the President of the Board of Directors for the District.
According to the criminal complaint filed in United States District Court on Friday, Darren Small and Jayna Small conspired to divert funds from the District’s bank account for their own personal use, including to purchase clothing, food, liquor, cigarettes and other items, and to pay for their personal household utility bills. Darren and Jayna Small face up to five years in prison on the conspiracy charge, up to ten years in prison on the access device fraud charge and up to 20 years in prison on the wire fraud charge. They are expected to appear in federal court today.
As is always the case, charges set forth in a criminal complaint are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
North Dakota Man Sentenced to 33 Months in Prison for Government Property TheftRead the Press Release
A North Dakota resident was sentenced to prison today for his role in the theft of copper wire from Kandahar Airfield, Afghanistan, announced Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney Christopher C. Myers of the District of North Dakota.
Benjamin Guidry, 41, was sentenced to serve 33 months in prison following his conviction for theft of government property.
In February 2013, Guidry was working for a local Afghan company. The evidence at trial demonstrated that he solicited two civilian contractors at Kandahar Airfield to obtain various materials for him in exchange for cash. The contractors reported the defendant to the U.S. Army Criminal Investigations Command (Army CID) at Kandahar Airfield.
With the assistance of the U.S. Air Force and others, Army CID set up a sting operation. According to the evidence presented at trial, as part of the sting operation, Guidry offered one of the contractors $4,000 in exchange for help stealing spools of copper wire worth approximately $54,000. Guidry was apprehended after leaving the Air Force compound with the copper wire.
Army CID investigated with assistance from the U.S. Air Force. Trial Attorneys Frank Rangoussis and Ann Marie Ursini of the Criminal Division’s Human Rights and Special Prosecutions Section prosecuted the case
New York Man and Woman Face Federal Charges for Possessing with Intent to Distribute Kilogram of HeroinRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Shawn Alonso, of New York, New York, and Tamara Moody of Queens, New York have both been charged by criminal complaint with possession of 100 grams or more of heroin, with intent to distribute the drug in Chittenden County, Vermont.
According to Court documents, the United States alleges that Alonso and Moody rented a car at LaGuardia Airport on March 17, 2017, and traveled to Chittenden County, VT. At approximately 8:15am on March 18, 2017, Alonso and Moody arrived at a Chittenden County business, with the intent of meeting a person to distribute heroin. As Alonso and Moody arrived at the business, agents of the Drug Enforcement Administration, Essex Police Department, and United States Border Patrol stopped the rental vehicle. As law enforcement removed Alonso from the driver’s seat of the vehicle, a large package of powder fell from Alonso’s pants. A search of Alonso revealed an additional smaller package of suspected controlled substances. The larger package weighed approximately 1.049 kilograms, and field-tested positive for the presence of heroin. The smaller package weighed approximately 170 grams, and was not field-tested. The government alleges that Alonso and Moody possessed with the intent to distribute over 100 grams of heroin, and aided and abetted the same.
Both Alonso and Moody appeared today before Chief United States District Court Judge Christina Reiss in Burlington. Chief Judge Reiss ordered that both Alonso and Moody be held pending a detention hearing, scheduled for Thursday, March 23, 2017.
The United States Attorney emphasizes that the charges contained in the Complaint are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty. If either Alonso or Moody is convicted, each faces a mandatory minimum sentence of five years, and a maximum possible term of imprisonment of forty years.
The United States is represented in this matter by Assistant U.S. Attorney Jon Ophardt. Alonso is represented by Lisa B. Shelkrot, Esq. of Burlington. Moody is represented by Robert S. Behrens, Esq. of Burlington. The investigation was conducted by the Drug Enforcement Administration with assistance from the Colchester Police Department, the Essex Police Department, and the United States Border Patrol.
New Haven Man Sentenced to 5 Years in Prison for Carjackings, Armed RobberiesRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ELBERT LLORENS, 24, of New Haven, was sentenced today by U.S. District Judge Vanessa L. Bryant in Hartford to 60 months of imprisonment, followed by five of supervised release, for committing multiple carjackings and armed robberies in January 2016.
According to court documents and statements made in court, on January 1, 2016, two men from out of state who were driving a rented 2015 Volkswagen Passat were victims of an armed carjacking in the vicinity of Hobart Street and Myrtle Street in Meriden. The victims reported that they had stopped to ask an individual, later identified as Kyle Valentine, for directions to a gas station. Valentine told the victims to follow his car, which they did. After traveling a few minutes, Valentine’s car stopped and LLORRENS pointed a handgun at one of the victims who was sitting in the passenger seat of the car, opened the door and stated “I want everything.” The victims exited the car and LLORRENS and Valentine stole their wallets and cell phones and then drove away in the Passat.
LLORENS also committed armed robberies of a gas station in East Haven and a gas station in New Haven on January 3, 2016; attempted to rob a convenience store in Milford on January 4, 2016, and used a firearm and threats of violence to steal a 2006 Chevy Cobalt and a wallet from a victim in New Haven on January 5, 2016.
LLORRENS was arrested by New Haven Police shortly after the January 5 carjacking.
LLORRENS has been detained since his arrest. On December 15, 2016, he pleaded guilty to one count of taking a motor vehicle from a person by force and violence.
Valentine pleaded guilty to the same charge on August 11, 2016. He awaits sentencing, and also is detained.
This matter has been investigated by the Federal Bureau of Investigation and the East Haven, Meriden, Milford and New Haven Police Departments. The case is being prosecuted by Assistant U.S. Attorney Douglas P. Morabito.
NKC Man Sentenced to 18 Years for Illegal Firearm, Implicated in MurderRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a North Kansas City, Mo., man was sentenced in federal court today on two counts of illegally possessing a firearm, following the court’s finding that he was involved in the murder of an Independence, Mo., man in 2015.
DeMarko L. Collins, 28, of North Kansas City, was sentenced by U.S. District Judge Gary A. Fenner to nine years on each count to run consecutively to each other, for a total of 18 years in federal prison without parole.
The court granted the government’s motion for a sentence longer than the penalty recommended under the federal sentencing guidelines due to Collins’s violent characteristics and criminal history. In particular, the court ruled there was sufficient evidence that Collins was involved in a murder for which he has not been charged in state court, and which should be considered in imposing an appropriate sentence in this federal case.
On Sept. 1, 2016, Collins pleaded guilty to being a felon in possession of a firearm and to possessing a stolen firearm. Collins has remained in federal custody since his arrest on Sept. 30, 2015.
At the time of this offense, Collins was being investigated regarding his involvement in the Sept. 18, 2015, murder of David Duncan. Evidence introduced at today’s sentencing hearing indicated that, over the course of two days, Collins had staked out Duncan’s home in Independence, Mo. When Duncan arrived at his home the morning of Sept. 18, 2015, a man stepped out of a vehicle – an orange Dodge Journey – and shot him multiple times with a rifle. Investigators utilized a security camera at a nearby gas station, which depicted the orange Dodge Journey stopping for gas a couple of hours before the fatal shooting. Collins was identified as the driver of the vehicle, which was registered to his girlfriend.
Officers executed a search warrant at Collins’s apartment on Sept. 30, 2015. During the search, officers found a Heckler & Koch .45-caliber pistol in a cabinet in the kitchen (not the same firearm used to murder Duncan). The firearm had been reported as stolen. Collins was arrested.
According to court documents, Duncan had been feuding with Collins, who believed that Duncan had paid someone to murder Collins’s cousin.
Collins was a member of the Crips street gang who referred to himself as “the biggest gang member in Kansas City.” Collins admitted to trafficking in multiple pounds of marijuana (selling an estimated 200 pounds in the months prior to his arrest).
Collins has also admitted to stabbing two inmates while he was previously incarcerated in federal prison, according to court documents. Collins was sentenced on March 4, 2009, to six years and eight months in federal prison after pleading guilty to carjacking.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Collins also has prior felony convictions for tampering and robbery. Collins was three months removed from parole on his robbery conviction at the time of the homicide.
This case was prosecuted by Assistant U.S. Attorney Jeffrey Q. McCarther. It was investigated by the Independence, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Minnesota Woman Faces Fraud, Aggravated Identity Theft, and Meth ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Marshall, Minnesota, woman has been indicted by a federal grand jury for Conspiracy to Commit Bank Fraud, Aggravated Identity Theft, and Possession with Intent to Distribute Methamphetamine.
Angelica Marie Hatch-Pequin, age 27, was indicted on March 7, 2017. She appeared before U.S. Magistrate Judge Veronica Duffy on March 14, 2017, and pled not guilty to the Indictment.
The maximum penalties upon conviction for each count are as follows: Conspiracy to Commit Bank Fraud has a penalty of up to 30 years of imprisonment and/or a $1,000,000 fine; Aggravated Identity Theft requires a mandatory 2 years of imprisonment to be served consecutively to any term of imprisonment for the Conspiracy to Commit Bank Fraud offense; and Possession with Intent to Distribute Methamphetamine has a penalty of up to 20 years of imprisonment and/or a $1,000,000 fine. Each count of conviction requires a term of years of supervised release and $100 to the Federal Crime Victims Fund. Restitution and forfeiture may also be ordered.
According to the indictment, between September 2016 and November 16, 2016, Hatch-Pequin engaged in a scheme to defraud financial institutions, while using the personal identifying information of other individuals. Hatch-Pequin would use the proceeds of the fraud scheme to purchase methamphetamine for her use, and to distribute to others for money.
The charges are merely accusations and Hatch-Pequin is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, Flandreau Police Department, and the Flandreau Sioux Tribe’s Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Hatch-Pequin was ordered detained pending trial. A trial date has not been set.
Miami County Man Pleads Guilty to Bank RobberyRead the Press Release
KANSAS CITY, KAN. – A Miami County man pleaded guilty Monday to robbing a bank in Overland Park, U.S. Attorney Tom Beall said.
Paul A Sundquist, 29, Louisburg, Kan., pleaded guilty to one count of bank robbery. In his plea, he admitted that on Sept. 19, 2016, he robbed the Stanley Bank, 7835 W.151st in Overland Park, Kan. Sundquist showed a clerk a note demanding money before receiving the cash and fleeing the bank. A bystander got a partial tag number on Sundquist’s pickup truck. Sundquist was monitoring police radio traffic on his cell phone. When he heard police had his tag number he called 911 and surrendered.
Sentencing will be set for a later date. He faces up to 20 years and a fine up to $250,000.
Beall commended the FBI, the Overland Park Police Department and Assistant U.S. Attorney Terra Morehead for their work on the case.
Meridian Man Guilty of Unlicensed Gun Dealing and Making False Statements to Acquire HandgunsRead the Press Release
BOISE – Steven W. Clyne, 70, of Meridian, Idaho, was convicted on Friday evening by a federal jury of dealing firearms without a license and making false statements when purchasing firearms, Acting United States Attorney Rafael Gonzalez, announced. Clyne was indicted by a federal grand jury on May 11, 2016.
According to evidence presented at trial, Clyne engaged in the repetitive purchase and resale of firearms for profit from January 2013 until November 12, 2015. Over that period of time, Clyne purchased hundreds of firearms from licensed firearm dealers and then resold those firearms to others after increasing the price. Clyne sold the firearms at gun shows and even in a parking lot without identifying the purchasers or conducting background checks to ensure the purchasers were not prohibited from possessing firearms. Numerous firearms sold by Clyne were recovered at various crime scenes in Idaho, California, and other locations.
On November 12, 2015, law enforcement agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) searched Clyne’s residence pursuant to a federal search warrant. ATF agents located approximately 30 firearms at Clyne’s residence. Clyne admitted to agents that he purchased firearms, increased the prices, and then resold the firearms. During the investigation, Clyne sold firearms to ATF agents acting in an undercover capacity. On one occasion an agent telephoned Clyne and asked to purchase two handguns. Clyne agreed to sell the handguns and told the agent he would purchase the handguns later that same day. When Clyne purchased the handguns from the licensed firearm dealer, he falsely stated that he was the actual buyer of the handguns knowing that he was actually acquiring the handguns on behalf of another person.
“Federal firearms laws are intended to keep firearms out of the wrong hands,” said Gonzalez. “This case is an example of what happens when someone engages in the business of selling guns for profit and doesn’t abide by the basic requirements of obtaining a license and conducting background checks.”
“The illicit trafficking in firearms remains ATF's highest national priority,” said ATF Seattle Field Division Special Agent in Charge Darek Pleasants. “Mr. Clyne's willingness to operate outside the law directly put his fellow Americans at risk.” Seattle Field Division’s area of responsibility includes Idaho.
Sentencing is scheduled for June 7, 2017, before Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Boise. The crimes of dealing firearms without a license and making false statements when purchasing firearms are each punishable by up to five years in prison, a maximum fine of $250,000, and up to three years of supervised release.
The case was investigated by the ATF.
Maryland Man Found Guilty of Conspiracy to Distribute and Possess HeroinRead the Press Release
WASHINGTON – James Durrette, 45, of Clinton, Md., has been found guilty by a jury of a federal drug charge stemming from his role in a drug trafficking organization that operated in the Washington, D.C. area.
The guilty verdict, which was returned March 16, 2017, was announced today by U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, Andre R. Watson, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Baltimore, and Peter Newsham, Acting Chief of the Metropolitan Police Department (MPD).
Durrette was found guilty of conspiracy to distribute and possess with intent to distribute 100 grams of heroin. The verdict followed a trial in the U.S. District Court for the District of Columbia. Under federal sentencing guidelines, he could face a sentence of up to life incarceration. With his prior conviction for a similar drug offense, Durrette faces a mandatory minimum of 10 years in prison. He is to be sentenced June 1, 2017, by the Honorable Amit P. Mehta.
The government’s evidence established that Durrette and others participated in a conspiracy to distribute large amounts of narcotics between 2009 and2014. This drug trafficking group mainly involved itself with trafficking very large quantities of marijuana, but also involved itself with redistributing various and significant quantities of heroin and cocaine. In that regard, during the conspiracy, California suppliers frequently sent – or conspired to send – large quantities of marijuana, heroin, or cocaine to the Washington, D.C., metropolitan area, where Durrette and others participated in the illegal redistribution of one or more of the controlled substances to others in the Washington, D.C., area for profit.
Several others previously pled guilty to charges in the investigation.
In announcing the verdict, U.S. Attorney Phillips, Assistant Director in Charge Vale, Special Agent in Charge Watson, and Acting Chief Newsham praised the work of the FBI Safe Streets Gang Task Force, which in this case involved work from the FBI, the Metropolitan Police Department, and HSI. They also expressed appreciation for the assistance provided by the Prince George’s County, Md. Police Department. In addition, they commended the efforts of those who worked on the case from the U.S. Attorney’s Office, including Paralegal Specialists Jeannette Litz, Candace Battle, Rommel Pachoca, Mary Downing, and Teesha Tobias; Legal Assistants Holly Crouse and Peter Gaboton; Intern Zachary Kaplan, and Litigation Technology Specialist Kimberly Smith. Finally, they commended the work of Trial Attorney Andrea G. Duvall of the Department of Justice’s Criminal Division, and Assistant U.S. Attorneys Kenneth F. Whitted and Emory V. Cole, who indicted and prosecuted the case.
Marshfield Woman Pleads Guilty to Stealing Mail, FraudRead the Press Release
SPRINGFIELD, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Marshfield, Mo., woman pleaded guilty in federal court today to stealing mail and using the stolen contents to commit check and credit card fraud.
Annette West, 46, of Marshfield, waived her right to grand jury and pleaded guilty before U.S. Magistrate judge David P. Rush to a three-count information that charges her with stealing mail, depositing a fraudulent check and credit card fraud.
By pleading guilty today, West admitted that she stole mail (or caused mail to be stolen) from the mailboxes of 16 individual victims between Oct. 29 and Dec. 9, 2016. West stole the contents of that mail, which included checks, credit cards, Social Security cards, and personal identification cards belonging to the 16 victims. She then used the contents of the stolen mail to engage in fraudulent criminal acts.
West also admitted that she altered a stolen check and fraudulently deposited the check into her personal bank account. West then withdrew the funds from her account.
West also admitted that, aided and abetted by others, she fraudulently conducted financial transactions with stolen credit cards from three of the victims.
Under federal statutes, West is subject to a sentence of up to 30 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 Patrick Carney. It was investigated by the U.S. Postal Inspection Service and the Springfield, Mo., Police Department.
Kyle Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man was charged in federal district court with Assault with a Dangerous Weapon.
Jeremy Lee Old Horse, age 31, was charged on January 24, 2017. Old Horse appeared before U.S. Magistrate Judge Daneta Wollmann on March 10, 2017, and pleaded not guilty to the charge.
The maximum penalty upon conviction is 10 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charge relates to Old Horse stabbing a woman in July 2016 at Wounded Knee. The charge is merely an accusation and Old Horse is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs Office of Justice Services and the Oglala Sioux Tribe Department of Public Safety. Assistant U.S. Attorney Ben Patterson is prosecuting the case.
Old Horse was released pending trial. A trial date has not been set.
Kingsville Man Gets 10 Years for Alien SmugglingRead the Press Release
CORPUS CHRISTI, Texas – A 40-year-old Kingsville man has been ordered to federal prison for leading an alien smuggling conspiracy, announced Acting United States Attorney Abe Martinez announced today. Ryan Paul Turcotte pleaded guilty Jan. 3, 2017.
Today, Senior U.S. District Judge Janis Graham Jack ordered Turcotte to serve 120 months of federal imprisonment to be immediately followed by three years of supervised release. At the hearing, the court found Turcotte to be a leader, manager and organizer of the group and to have transported well in excess of 100 aliens during the course of the conspiracy.
Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) began investigating the Turcotte alien smuggling organization in Kleberg, Nueces and Kenedy counties in November 2014. The investigation revealed Turcotte worked with co-conspirators to facilitate the transportation of illegal aliens from the Sarita and Riviera areas to Houston, Austin and to other destinations throughout the United States. Turcotte and others participated in the conspiracy by transporting aliens, assisting in the transportation of aliens by acting as “scouts,” harboring aliens and facilitating the collection and transportation of the proceeds of alien smuggling, among other things.
HSI conducted the investigation. Assistant U.S. Attorney Amanda Gould prosecuted the case.
Justice Department Seeks to Shut Down Kansas City Tax Return Preparer and BusinessRead the Press Release
Defendants Allegedly Prepare Fraudulent Tax Returns in Order To Understate Customers’ Tax Or Overstate Their Refunds
A tax return preparer and his preparation business in the Kansas City, Kansas area prepare fraudulent tax returns for their customers, according to a new civil lawsuit filed by the Justice Department today. The suit, filed in federal court in Kansas City, Kansas, asks the court to permanently bar Everett Bias and the company he owns and operates called Integrity Solutions Tax Consultants Inc. (ISTC) from preparing federal tax returns for others. The government also asks the court to order Bias and ISTC to turn over the names of customers for whom they have prepared federal tax returns since 2012.
The complaint alleges that the defendants unlawfully understate their customers’ income tax liabilities and overstate these customers’ refunds. According to the complaint, Bias and ISTC unlawfully prepare federal tax returns that lower their customers’ federal tax liabilities by using S corporations. This type of corporation passes corporate income, losses, deductions, and credits to its shareholders for federal tax purposes. Shareholders report the flow-through of income and losses on their personal tax returns and are assessed tax at their individual income tax rates. According to the government’s complaint, Bias and ITSC misreport S Corporation items on their customers’ personal income tax returns by:
• Failing to report customers’ pass-through income as taxable income on the customers’ personal income tax returns;
• Falsely lowering the income of customers’ S corporations and then reporting that false lowered income amount on the customers’ personal income tax returns;
• Improperly double-deducting customers’ personal expenses, such as mortgage interest and real estate taxes, on customers’ corporate and personal returns; and
• Preparing and filing tax returns for fictitious S corporation businesses in order to improperly deduct customers’ personal expenses as business expenses.
According to the complaint, Bias and ISTC also allegedly fabricate itemized deductions on their customers’ personal tax returns, such as unreimbursed employee business expenses and medical/dental expenses, to fraudulently reduce their customers’ taxable income. Furthermore, the government alleges that Bias and ISTC similarly assert that some customers operate a business as a sole proprietorship, which is required to report its profit or loss on a Schedule C (Form 1040, Schedule C, “Profit or Loss from Business”) to the income tax return. According to the complaint, Bias and ISTC allegedly fabricate the income and expenses of the fictitious business to show a loss, which falsely lowers their customers’ taxable income.
According to the complaint, the Internal Revenue Service (IRS) has examined 200 tax returns prepared by Bias and ISTC and calculated a tax loss to the government of at least $828,506. The complaint alleged that out of these 200 tax returns, the IRS examined 130 personal tax returns. The IRS found that the defendants understated their customers’ liabilities or overstated their refund on 117 of the 130 personal tax returns (90 percent), according to the complaint.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2017 and taxpayers seeking a return preparer should remain vigilant. The IRS has some tips on their website for choosing a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Justice Department Reaches Agreement with Suffolk City Virginia School District to Desegregate Its SchoolsRead the Press Release
The Department of Justice has reached an agreement with the Suffolk City School District in Virginia that paves the way for the district to complete desegregation and achieve full unitary status. The consent order, which was approved by the U.S. District Court for the Eastern District of Virginia today, addresses all remaining issues in the school desegregation case and, when fully implemented, will lead to the closure of that case.
The consent order declares that the district has achieved partial unitary status in the areas of facilities, extracurricular activities, transportation, and faculty and staff assignment. The consent order retains judicial supervision over the area of student assignment through the 2019-20 school year.
The consent order puts the district on a path to full unitary status within three school years provided it:
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Continues to implement its majority-to-minority transfer program in accordance with the court’s 2014 consent order and makes reasonable efforts to expand the program;
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Modifies the attendance zones of students who will be affected by the opening of the new schools in North Suffolk in a manner that furthers desegregation in the district; and
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Develops and implements a student discipline improvement plan to ensure fairness and consistency in the handling of disciplinary offenses.
The court will retain jurisdiction over the consent order during its implementation, and the Justice Department will monitor the district’s compliance.
“We are pleased that the district has made significant progress in this longstanding case,” said Acting Assistant Attorney General of the Civil Rights Division Tom Wheeler. “We look forward to working with the district to ensure fair and equal treatment for all its students and bringing this case to a successful close.”
Promoting school desegregation and enforcing Title IV of the Civil Rights Act of 1964 is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt.
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Jefferson County man pleads guilty to his role in a heroin distribution operationRead the Press Release
MARTINSBURG, WEST VIRGINIA – Joseph Killian, 35, of Ranson, West Virginia, was convicted of heroin distribution, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Killian admitted to possessing heroin in Berkeley County on June 29, 2016.
Killian pled guilty to one count of “Aiding and Abetting Possession with the Intent to Distribute Heroin.” He faces up to twenty years in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Federal Bureau of Investigation and the Eastern Panhandle Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Robert W. Trumble presided.
Jefferson County Schools HR Director and Former Hueytown Middle School Principal Pleads Guilty to Federal Child Enticement and Child Pornography ChargesRead the Press Release
BIRMINGHAM – Jefferson County Schools’ human resources director and former Hueytown Middle School principal pleaded guilty today to federal charges of enticing a minor and receiving and possessing child pornography, announced Acting U.S. Attorney Robert O. Posey, FBI Special Agent in Charge Roger Stanton, Tuscaloosa Police Chief Steven D. Anderson and Hueytown Police Chief Chuck Hagler.
BRETT WILLIAM KIRKHAM, 40, of Tuscaloosa, entered his guilty plea before U.S. District Judge L. Scott Coogler to one count of enticing a minor and one count of possession of child pornography. Kirkham’s sentencing hearing is not yet scheduled.
The maximum penalty for child enticement is life imprisonment and a fine of $250,000; the maximum penalty for possessing child pornography is 20 years in prison and a $250,000 fine.
The FBI, Tuscaloosa Police Department, and Hueytown Police Department investigated the case, which Assistant U.S. Attorney John B. Ward is prosecuting.
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Investment Advisor who Stole Millions in Ponzi Scheme and Lied to SEC Pleads Guilty to Wire Fraud and False StatementRead the Press Release
A long-time Bellevue investment advisor pleaded guilty today in U.S. District Court in Seattle to wire fraud and making false statements, announced U.S. Attorney Annette L. Hayes. CHRIS YOUNG YOO, 44, admitted he raised millions of dollars in investments by promising to invest his clients’ money in funds he managed. However, YOO admitted, he never actually invested the money of certain clients, and instead used their money to pay his own living and business expenses, resulting in a loss of over $3.6 million to those clients. YOO also admitted to providing false information to Securities and Exchange Commission (SEC) regulators in connection with an SEC investigation. When sentenced by U.S. District Judge Thomas S. Zilly on June 22, 2017, both the prosecution and defense will recommend an 80-month prison term.
According to records filed in the case, between 2006 and 2015, YOO was the majority owner and operator of Summit Asset Strategies, a Bellevue investment company. The company operated two funds that invested primarily in South Korea. After opening Summit, YOO realized that the management fees he was permitted to charge investors would not support his company or lifestyle, so he began funneling some investors’ money into a separate bank account, rather than into the Summit investment funds as promised. YOO misused the investments of 17 investors in this manner.
In 2014, YOO was required to disclose all of his bank accounts to the SEC as part of an SEC investigation into YOO’s management of two investment funds. YOO submitted misleading documents to the SEC to conceal the bank account he was using to commit his fraud. YOO falsely claimed the account belonged to a relative and that payments to clients from that account were loan payments. In 2015, YOO reached a settlement with the SEC in which he was ordered to pay restitution and forbidden from committing further fraud. Even after this settlement, YOO continued to fraudulently solicit investments and use the funds for his own purposes. In all, some 17 investors were defrauded of $3,660,216.
The case was investigated by the FBI and the Washington State Department of Financial Institutions. The case is being prosecuted by Assistant United States Attorney Seth Wilkinson.
Hialeah Police Department Officer Arrested on Corruption and Identity Fraud ChargesRead the Press Release
Hialeah Police Department Officer Raul Castellon was arrested on Friday, March 17, 2017, on corruption and identify fraud charges.
Benjamin G. Greenberg, Acting United States Attorney for the Southern District of Florida, and George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI) and Peter Forcelli, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Miami Field Division, made the announcement.
Raul Castellon, 38, of the Hialeah Police Department, was charged by indictment with affecting commerce by extortion under color of official right, in violation of Title 18, United States Code, Section 1951(a), punishable by up to twenty years in prison. He was also charged with conspiracy to commit access device fraud, in violation of Title 18, United States Code, Section 1029(b)(2), aggravated identity fraud, in violation of Title 18, United States Code, Section 1028A, and possession of fifteen or more unauthorized access devices, in violation of Title 18, United States Code, Section 1029(a)(3). Castellon is scheduled for an initial appearance today, at 1:30 p.m., before a United States Magistrate Judge in Miami.
According to the allegations contained in the indictment, as an officer for the Hialeah Police Department and as part of his regular duties, Castellon had access to Florida’s Driver and Vehicle Information Database (“DAVID”). DAVID is a confidential database that provides law enforcement officers with the driver and motor vehicle information of other persons, including personal identifying information, such as drivers’ license numbers, social security numbers, and dates of birth.
The indictment further alleges that from on or about June 1, 2016, and continuing through on or about October 19, 2016, Castellon used his law enforcement access to DAVID to log into the system, search for other persons, and take screen shots of other persons’ personal identifying information. The indictment also claims that Castellon sent over 25 of these DAVID screen shots to his codefendant Neilin Gonzalez Diaz in exchange for gifts.
Mr. Greenberg commended the investigative efforts of the FBI, including the Miami Area Corruption Task Force, ATF, Miami-Dade Police Department, and Hialeah Police Department. This case is being prosecuted by Assistant U.S. Attorneys Daniel Cervantes and Elina Rubin-Smith.
An indictment is a formal charging document notifying the defendant of the allegations that have been filed with the court. All persons charged by indictment are presumed innocent until proven guilty in a court of law.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida atwww.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Hamden Man Sentenced to 5 Years in Federal Prison for Firearm OffenseRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that ISAAC LONG, 37, formerly of Hamden, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 60 months of imprisonment, followed by four years of supervised release, for illegally possessing a firearm. Judge Thompson also ordered LONG to perform 50 hours of community service while on supervised release.
According to court documents and statements made in court, on October 19, 2015, LONG was arrested by New Haven police officers after he was found in possession of a loaded Smith and Wesson nine millimeter semi-automatic pistol, and a quantity of crack cocaine that he intended to distribute.
LONG has been detained since his arrest. On December 19, 2016, he pleaded guilty to one count of possession of a firearm during and in relation to a drug trafficking crime.
LONG will begin serving his federal sentence after he completes a two-year state sentence that he is currently serving.
This matter was investigated by the New Haven Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant U.S. Attorneys Anthony Kaplan and Jennifer Laraia.
Greene County Man Pleads Guilty to Unlawful Possession of a FirearmRead the Press Release
ALBANY, NEW YORK – Robert Twiss, age 59, of Earlton, New York, pled guilty today to being a felon in possession of a firearm.
The announcement was made by United States Attorney Richard S. Hartunian and Vadim D. Thomas, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation.
As part of his guilty plea, Twiss admitted that on October 24, 2016, he possessed, at his residence, a Plainfield M-1, Model 41 semi-automatic rifle. As a felon, Twiss could not possess the Plainfield rifle.
Twiss faces up to 10 years in prison, a fine of up to $250,000, and up to 3 years of post-imprisonment supervised release. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors. Sentencing is scheduled for August 15, 2017 before Senior U.S. District Judge Thomas J. McAvoy.
This case was investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Rick Belliss.
Former U.S. Border Patrol Agent Sentenced to over 13 Years in Prison for Bribery and Drug TraffickingRead the Press Release
TUCSON, Ariz. - On March 17, 2017, Juan Ramon Pimentel, 48, of Rio Rico, Ariz., was sentenced by Chief U.S. District Judge Raner Collins to 160 months in prison to be followed by five years of supervised release. Pimentel had previously pleaded guilty to attempted possession with intent to distribute 50 kilograms of cocaine and accepting bribes as a public official.
“Law enforcement officers take an oath to enforce the law, and Mr. Pimentel repeatedly violated that oath by taking bribes and trafficking drugs across the country,” said Acting U.S. Attorney Elizabeth A. Strange. “Our office will continue to vigorously prosecute any official who crosses the line to engage in criminal acts.”
The drug charges stem from a traffic stop on Nov. 18, 2015. Pimentel’s vehicle contained 50 kilograms of a white powdery substance, a Glock .40 caliber handgun, and his Border Patrol Badge and credentials. Pimentel admitted he knew there were drugs in the vehicle and he was taking them to Chicago. He also admitted that he agreed to make the trip for a fee of a $1,000 per kilogram.
The bribery charges relate to an occasion on Feb. 13, 2015, where Pimentel received cash for distributing license plate information he had obtained from a law enforcement database. Pimentel had been employed as a U.S. Border Patrol Agent since 2001, with the Nogales Border Patrol Station.
The investigation in this case was conducted by the FBI’s Southern Arizona Corruption Task Force, DHS-OIG, and CBP-OPR. Additionally, the Arizona Department of Public Safety performed the traffic stop on Pimentel that led to his arrest. The prosecution was handled by Gordon E. Davenport, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR-15-02236-TUC-RCC
RELEASE NUMBER: 2017-024_Pimentel
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Former Fresno Housing Authority Employee Pleads Guilty to Receiving Bribes from Applicants for Housing BenefitsRead the Press Release
FRESNO, Calif. — Aryca Danieyelle Williams, 38, of Fresno, pleaded guilty today to two counts of extortion under color of official right, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Williams was a Housing Program Coordinator at the Fresno Housing Authority from 2007 through 2013. The Fresno Housing Authority is a state agency responsible for administering federal housing benefits programs, such as the Section 8 housing choice voucher program. To obtain housing benefits, applicants must put their names in a lottery system, which is supposed to randomly award benefits to qualified applicants. As a Housing Program Coordinator, Williams was responsible for managing the files of housing assistance applicants. She solicited bribe payments from housing authority applicants and promised to switch their names with the names of individuals who had been legitimately selected to receive housing benefits. In switching the names, Williams enabled the applicants to bypass the lottery system and immediately qualify to receive housing benefits. The bribe payments received by Williams included a $1,150 payment to her landlord and a $500 payment to her utility company. In total, Williams received bribe payments from 10 to 12 housing applicants.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Grant Rabenn is prosecuting the case.
Williams is scheduled to be sentenced on June 19, 2017, at 10:00 a.m. before U.S. District Judge Dale A. Drozd. Williams faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for each count. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former Chief Executive Officer and Chief Financial Officer of China Medical Technologies Charged in A $400 Million Securities Fraud SchemeRead the Press Release
BROOKLYN, NY – A three-count indictment was unsealed this afternoon in federal court in Brooklyn, New York, charging Xiaodong Wu, the founder, Chief Executive Officer and Chairman of the Board of Directors of China Medical Technologies, Inc. (China Medical), and Tak Yung Samson Tsang, also known as “Sam Tsang,” the Chief Financial Officer and a member of the Board of Directors of China Medical, with securities fraud, securities fraud conspiracy and wire fraud conspiracy.[1] Wu and Tsang are alleged to have defrauded China Medical’s noteholders and investors of more than $400 million through misrepresentations about the use of proceeds raised through two note offerings and by then stealing the invested funds by transferring them to entities controlled by, or affiliated with, Wu and Tsang. The defendants are fugitives.
The charges 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).
“As alleged, Xiaodong Wu and Samson Tsang deceived unsuspecting investors who thought they were investing in a NASDAQ-listed medical device company but whose investments were stolen and fraudulently transferred to entities in China controlled by Wu and Tsang. The defendants’ scheme defrauded the investing public of more than $400 million,” stated Acting United States Attorney Rohde. “Today’s indictment further demonstrates our commitment to protecting investors and to holding accountable those who seek to abuse the financial markets to enrich themselves.”
“As alleged, Wu and Tsang led their victims down a narrow path of deceit. They betrayed the trust of those who took them at their word, stole their money, and made off with more than $400 million. Whether you omit key facts or intentionally misrepresent the truth, defrauding investors is a crime you won’t get away with it,” stated FBI Assistant Director-in-Charge Sweeney.
As detailed in the indictment, between January 2005 and November 2012, Wu and Tsang, together with their co-conspirators, orchestrated a scheme to defraud China Medical’s noteholders and investors through material misrepresentations and omissions relating to, among other things, the use of approximately $426 million in investments and the subsequent transfer of these investments to entities controlled by, or affiliated with Wu and Tsang. China Medical issued three series of notes: (i) on or about November 21, 2006, $150 million of 3.5 percent convertible senior subordinated notes due 2011 (2011 Notes); (ii) on or about August 15, 2008, $276 million of 4 percent convertible senior notes due 2013 (2013 Notes); and (iii) on or about December 6, 2010, $150 million of 6.25 percent convertible senior notes due 2016 (2016 Notes).
Wu and Tsang represented in the offering memoranda for the 2013 Notes and 2016 Notes that they would use the proceeds for general corporate purposes, for the acquisitions of businesses, products and technologies and to repurchase outstanding convertible notes. Contrary to these representations, most of the money raised through the 2013 Notes and the 2016 Notes was eventually transferred by Wu and Tsang to entities controlled by Wu, Tsang and their co-conspirators. For example, between November 3, 2006 and December 4, 2008, approximately $303.75 million of the approximately $576 million that China Medical raised in its three note offerings was transferred to an entity that was owned by an associate of Wu and Tsang, and approximately $202 million was subsequently transferred to bank accounts controlled by Wu. Additionally, the intellectual property that was the subject of the note offerings was approximately 20 years old and off-patent, and any value it had was minimal.
To execute their fraudulent scheme, Wu and Tsang caused China Medical’s independent director and outside auditor to resign, stopped making public disclosures of material events affecting the value of its securities and stopped making interest payments on the notes. On August 31, 2012, China Medical filed for Chapter 15 bankruptcy protection in the Southern District of New York.
To date, $246.5 million of the 2013 Notes and $150 million of the 2016 Notes remain outstanding.* * *
The criminal case has been assigned to United States District Judge Kiyo A. Matsumoto. If convicted, each of the defendants faces a maximum sentence of 20 years’ imprisonment.
* * *
The government’s case is being prosecuted by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys Lauren H. Elbert and Winston M. Paes are in charge of the prosecution, with assistance provided by Assistant United States Attorney Tanya Hill of the Office’s Civil Division.
The Defendants:
XIAODONG WU
Age: 59
Residence: PEOPLE’S REPUBLIC OF CHINA
TAK YUNG SAMSON TSANG, also known as “Sam Tsang”
Age: 46
Residence: PEOPLE’S REPUBLIC OF CHINA
E.D.N.Y. Docket no. 17-cr-144 (Kam)
[1] The charges announced today are allegations, and the defendants are presumed innocent unless and until proven guilty.
Eden Man Charged with Aggravated Sexual Abuse of a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eden, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child.
Tyrell Redstar Eastman, age 20, was indicted on February 7, 2017. He appeared before U.S. Magistrate Judge William D. Gerdes on March 14, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life imprisonment and/or a $250,000 fine, 5 years and up to life of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
According to the indictment, between August 15, 2014, and April 2, 2015, Eastman engaged in sexual acts with a juvenile female. To perpetrate the sexual assault, Eastman used force.
The charges are merely accusations and Eastman is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, and Sisseton-Wahpeton Sioux Tribe Law Enforcement. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Eastman was ordered detained pending trial. A trial date has not been set.
Eagle Butte Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Kevin Yellow Earring, age 26, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 16, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $300 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on February 11, 2017, Yellow Earring assaulted two adults, causing serious injuries to one of them.
The charges are merely accusations and Yellow Earring is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Yellow Earring was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Denaturalization Lawsuit Filed Against Convicted Al Qaeda Conspirator Residing in IllinoisRead the Press Release
The United States has filed a civil action in the Southern District of Illinois against a 47-year-old naturalized citizen, formerly of Cleveland, Ohio, accused of unlawfully procuring his U.S. citizenship, announced Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division and U.S. Attorney Donald S. Boyce for the Southern District of Illinois.
Iyman Faris, a native of Pakistan, is currently serving a criminal sentence at the U.S. Penitentiary at Marion, Illinois for conspiracy to provide material support to a designated foreign terrorist organization, namely, al Qaeda, and for providing material support to al Qaeda. In October 2003, the U.S. District Court for the Eastern District of Virginia sentenced Faris to 20 years in prison. The civil complaint alleges that Faris entered the United States fraudulently by using another’s passport that he willfully misrepresented the circumstances under which he entered the United States on subsequent applications for immigration benefits, and that he twice testified falsely to obtain immigration benefits. Additionally, the complaint alleges Faris lacked the required attachment to the principles of the U.S. Constitution at the time of his naturalization, as proven by his 2003 federal conviction for providing material support to al Qaeda, a designated terrorist organization. Faris was naturalized as a U.S. citizen on Dec. 16, 1999.
"The Department’s Office of Immigration Litigation will continue to pursue denaturalization proceedings against known or suspected terrorists who procured their citizenship by fraud," said Acting Assistant Attorney General Readler. "The U.S. government is dedicated to strengthening the security of our nation and preventing the exploitation of our nation’s immigration system by those who would do harm to our country."
"The prosecution of this case demonstrates the commitment of the Department of Justice to preventing immigration fraud," said U.S. Attorney Boyce. "It is important to ensure the path to legal naturalization remains secure and free of fraud. When people enter the United States, immigrate, and later become citizens, all done through fraud and misrepresentation, their unlawful actions harm the integrity of our immigration system."
Under the Immigration and Nationality Act, a naturalized U.S. citizen’s citizenship may be
revoked, and his certificate of naturalization canceled, if the naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation.
This case was investigated by the Civil Division’s Office of Immigration Litigation, District Court Section and U.S. Immigration and Customs Enforcement. The litigation is being handled by Trial Attorney Edward S. White of the Office of Immigration Litigation and Assistant U.S. Attorney Nicholas J. Biersbach of the U.S. Attorney’s Office for the Southern District of Illinois.
The claims made in the complaint are allegations only, and there has been no determination of liability.
Denaturalization Lawsuit Filed Against Convicted Al Qaeda Conspirator Residing in IllinoisRead the Press Release
The United States has filed a civil action in the Southern District of Illinois against a 47-year-old naturalized citizen, formerly of Cleveland, Ohio, accused of unlawfully procuring his U.S. citizenship, announced Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division and U.S. Attorney Donald S. Boyce for the Southern District of Illinois.
Iyman Faris, a native of Pakistan, is currently serving a criminal sentence at the U.S. Penitentiary at Marion, Illinois for conspiracy to provide material support to a designated foreign terrorist organization, namely, al Qaeda, and for providing material support to al Qaeda. In October 2003, the U.S. District Court for the Eastern District of Virginia sentenced Faris to 20 years in prison. The civil complaint alleges that Faris entered the United States fraudulently by using another’s passport that he willfully misrepresented the circumstances under which he entered the United States on subsequent applications for immigration benefits, and that he twice testified falsely to obtain immigration benefits. Additionally, the complaint alleges Faris lacked the required attachment to the principles of the U.S. Constitution at the time of his naturalization, as proven by his 2003 federal conviction for providing material support to al Qaeda, a designated terrorist organization. Faris was naturalized as a U.S. citizen on Dec. 16, 1999.
“The Department’s Office of Immigration Litigation will continue to pursue denaturalization proceedings against known or suspected terrorists who procured their citizenship by fraud,” said Acting Assistant Attorney General Readler. “The U.S. government is dedicated to strengthening the security of our nation and preventing the exploitation of our nation’s immigration system by those who would do harm to our country.”
“The prosecution of this case demonstrates the commitment of the Department of Justice to preventing immigration fraud,” said U.S. Attorney Boyce. “It is important to ensure the path to legal naturalization remains secure and free of fraud. When people enter the United States, immigrate, and later become citizens, all done through fraud and misrepresentation, their unlawful actions harm the integrity of our immigration system.”
Under the Immigration and Nationality Act, a naturalized U.S. citizen’s citizenship may be revoked, and his certificate of naturalization canceled, if the naturalization was illegally procured or procured by concealment of a material fact or by willful misrepresentation.
This case was investigated by the Civil Division’s Office of Immigration Litigation, District Court Section and U.S. Immigration and Customs Enforcement. The litigation is being handled by Trial Attorney Edward S. White of the Office of Immigration Litigation and Assistant U.S. Attorney Nicholas J. Biersbach of the U.S. Attorney’s Office for the Southern District of Illinois.
The claims made in the complaint are allegations only, and there has been no determination of liability.
Convicted Felon Pleads Guilty to Drug and Ammunition ChargesRead the Press Release
BOISE – Mathew Grover, 28, of Nampa, Idaho, pleaded guilty today to possession of methamphetamine with intent to distribute and unlawful possession of ammunition, Acting U.S. Attorney Rafael Gonzalez announced. Grover was indicted by a federal grand jury on December 13, 2016.
According to statements made at the hearing, Grover was arrested on October 5, 2016, by Nampa Police officers on a federal warrant for violating supervised release in another federal case. Later that day, United States Probation officers with the assistance of Nampa Police officers searched Grover’s home in Nampa. Among the items found inside the home were $4,709 in cash as well as a plastic bag containing 42.09 grams of pure methamphetamine. In the garage, officers found two rounds of 16-gauge ammunition and five rounds of 12-gauge ammunition. On January 9, 2012, Grover was convicted of conspiracy to participate in a racketeering enterprise and unlawful possession of a firearm. As a result of this conviction, Grover was prohibited from possessing firearms and ammunition. As part of his plea agreement, Grover will be entering admissions to numerous supervised release violations in his 2012 case. Sentencing is set for June 27, 2017, before Chief U.S. District Judge B. Lynn Winmill.
Possession with intent to distribute methamphetamine is punishable by up to twenty years in prison, at least three years of supervised release, and a $1,000,000 fine. The charge of unlawful possession of ammunition is punishable by up to ten years in prison up to three years of supervised release, and a fine of up to $250,000.
The case is the result of an investigation by the United States Probation Office, and the Treasure Valley Metro Violent Crime Task Force. The Metro Task Force was created approximately eleven years ago and is comprised of federal, state and local agencies, including the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, Boise Police Department, Ada County Sheriff’s Office, Caldwell Police Department, Nampa Police Department, Meridian Police Department, Canyon County Sheriff’s Office, and Idaho Department of Probation and Parole. The Task Force conducts complex long-term investigation of criminal gangs.
Charleston felon sentenced to over four years in federal prison for gun crimeRead the Press Release
CHARLESTON, W.Va. – A Charleston man was sentenced today to four years and three months in federal prison for a gun crime, announced United States Attorney Carol Casto. William Cody McClung, 31, previously pleaded guilty to illegally possessing a firearm after being convicted of a felony.
McClung admitted that on December 6, 2015, he shot at another man as he drove past him on Falcon Drive in Charleston. Officers subsequently executed a search warrant at McClung’s residence and located the 9mm handgun McClung had used to shoot at the victim, as well as three additional firearms. McClung was prohibited from possessing any firearm under federal law because of a 2007 felony conviction in Kanawha County Circuit Court for operating a clandestine drug laboratory.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Charleston Police Department. Assistant United States Attorney Haley Bunn is in charge of the prosecution. United States District Judge John T. Copenhaver, Jr., imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
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Cave City, Kentucky, Physician Sentenced to 18 Months in Prison for Illegally Dispensing Controlled Substances Outside of His Professional Medical Practice and Health Care FraudRead the Press Release
Obtained controlled substances through fraud for his own use
BOWLING GREEN, Ky. – A Barren County, Kentucky, physician was sentenced today in United States District Court by District Judge Greg N. Stivers, to 18 months in prison for obtaining controlled substances by fraud, for knowingly and intentionally distributing and dispensing controlled substances outside the course of professional medical practice and for health care fraud, while he was a practicing physician in the Western District of Kentucky, announced United States Attorney John E. Kuhn, Jr.
Dr. Christopher Steward, of Cave City, was a dentist and a nurse practitioner with a practice located at 212 Broadway in Cave City and had a Drug Enforcement Agency registration number which authorized him to write prescriptions within the course of professional medical practice.
Steward pleaded guilty to intentionally conspiring with patients to acquire possession of Schedule II and Schedule IV controlled substances, through misrepresentation and fraud, outside the course of medical practice, in order to distribute and/or acquire possession of prescription pills, mostly for his own use. The illegal activities took place between March 6, 2015, and June 6, 2015.
Further, Steward admitted that on June 6, 2015, he willfully executed a scheme to defraud Kentucky Medicaid, a health care benefit program, in connection with the delivery of payment for health care benefits, by writing a prescription for alprazolam, a Schedule IV controlled substance, for a patient without the patient’s knowledge or consent. That prescription was subsequently filled by someone other than the patient, again without the patient’s knowledge or consent, and Steward obtained those pills. That fraudulent prescription was paid for by Kentucky Medicaid, through Coventry Managed Care.
Steward was arrested on April 13, 2016, made an initial appearance before Magistrate Judge H. Brent Brennenstuhl, in Bowling Green, and released on a $25,000 unsecured bond.
At the time of sentencing, the United States moved for dismissal of Count 8 of the Indictment (identity theft) and agreed that a sentencing range between 18 months of imprisonment and 30 months of imprisonment was the appropriate disposition of this case. Further, the defendant agreed to forfeit property located at 212 Broadway Street in Cave City, Kentucky, and a 2009 Ford F-150 white pickup truck.
The case was prosecuted by Assistant United States Attorney David Weiser, and it resulted from an investigation conducted by the Federal Bureau of Investigation (FBI) and Kentucky State Police.
Casey County, Kentucky, Man Guilty of Defrauding the Farm Credit Administration Through Sales of Grain to Unauthorized PurchasersRead the Press Release
BOWLING GREEN, Ky. – A Casey County, Kentucky, man pled guilty today in United States District Court before District Judge Greg N. Stivers for his role in a conspiracy to defraud the Farm Credit Administration by concealing the sale of grain to unauthorized purchasers, announced United States Attorney John E. Kuhn, Jr.
Timothy R. Jaynes, 51, pled guilty to one count of a criminal information charging him with converting assets pledged to the Farm Credit Administration.
According to the plea agreement, in July of 2012, Christopher S. Fair, 38, of Liberty, Kentucky, (charged in a separate information) allegedly obtained loans from Central Kentucky Agriculture Credit and secured these loans with the proceeds of grain sales. CKAC is a subsidiary of the Farm Credit Administration.
Under the loan terms, Fair was only authorized to sell his grain to certain purchasers, and sale proceeds were to be remitted to CKAC to pay off the loan balances. Between July 2012 and October 29, 2013, without CKAC’s knowledge or approval and with the intent to defraud CKAC, Fair is alleged to have intentionally sold grain to unauthorized purchasers, and transferred the proceeds of those sales to bank accounts under his own control and the control of others, who agreed to give Fair access to the funds.
Jaynes was Fair’s friend and agreed to establish FJ Holdings and opened an FJ Holdings bank account for Fair to hide assets from creditors and to allegedly deposit grain sale proceeds and conceal those proceeds. Jaynes admits to subsequently sharing with Fair, the proceeds deposited into the FJ Holdings account.
If convicted at trial, Jaynes could be sentenced to a five-year maximum term in prison, pay a $500,000 fine, and be sentenced to serve a three-year period of supervised release.
At the time of sentencing, Jaynes agrees to pay restitution in the amount of $50,000 to the Farm Service Agency. Jaynes is scheduled for sentencing before Judge Stivers on July 6, 2017, in Bowling Green.
This case is being prosecuted by Assistant United States Attorney David Weiser and is being investigated by the Farm Credit Administration.
Buffalo Man Arrested on Drug and Gun ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Antwone K. Dean, 36, of Buffalo, NY, was arrested and charged by criminal complaint with possession with intent to distribute fentanyl and butyryl fentanyl, possession of a firearm in furtherance of drug trafficking, and possession of firearm and ammunition by convicted felon. The charges carry a minimum penalty of five years in prison, a maximum of life and a $1,000,000 fine.
Assistant U.S. Attorney Wei Xiang, who is handling the case, stated that according to the complaint, on November 22, 2016, New York State parole officers visited Dean’s residence on East Eagle Street for inspection. Inside, they found the defendant, a loaded .45 caliber pistol, and a bag of approximately 56 grams of powder containing fentanyl and butyryl fentanyl. Dean is on parole for a 2001 manslaughter conviction and is legally prohibited from possessing a gun.
The defendant was ordered detained today by U.S. Magistrate Judge H. Kenneth Schroeder, Jr., and returned to state custody on a parole violation.
The criminal complaint is the result of an investigation by the New York State Department of Corrections and Community Supervision, under the direction of Acting Commissioner Anthony J. Annucci; the Buffalo Police Department, under the direction of Commissioner Daniel Derenda; the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict, New York Field Division.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Broussard man pleads guilty to drug distribution chargeRead the Press Release
LAFAYETTE, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a Broussard man pleaded guilty to planning to sell drugs in the Acadiana area.
Kyle Gabriel Roy, 23, of Broussard, La., pleaded guilty before U.S. Magistrate Judge Carol Whitehurst to one count of possession with intent to distribute a controlled substance. The plea will become final when accepted by U.S. District Judge Donald E. Walter. According to the guilty plea, Franklin police arrested Roy on April 2, 2015 after the car he was riding in was searched and marijuana was found. During a later interview, Roy admitted to having drugs and a firearm in a safe at a friend’s residence in Lafayette. Agents searched the safe and found a stolen firearm, 49 grams of marijuana and 4.1 grams of methamphetamine. The methamphetamine was divided into smaller packages for sale and a digital scale was also found. The defendant admitted that he possessed the drugs to distribute them.
Roy faces five years in prison, two to three years of supervised release and a $250,000 fine. The court set a July 17, 2017 sentencing date.
This investigation and prosecution is part of Project Safe Neighborhoods, a Department of Justice initiative to promote firearm safety and 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 Chitimacha Tribal Police, Franklin Police Department and ATF investigated the case. Assistant U.S. Attorney Dominic Rossetti is prosecuting the case.
Bluefield man pleads guilty to federal drug chargeRead the Press Release
CHARLESTON, W.Va. – A Bluefield man pleaded guilty today to a federal drug crime, announced United States Attorney Carol Casto. Marvin Gillespie, 65, entered his guilty plea to distribution of hydromorphone.
Gillespie admitted that on March 14, 2016, he sold hydromorphone to a confidential informant working with law enforcement. The drug deal took place in Bluefield. Gillespie faces up to 20 years in federal prison when he is sentenced on June 21, 2017.
The Southern Regional Drug and Violent Crime Task Force conducted the investigation. Assistant United States Attorney John L. File is responsible for the prosecution. The plea hearing was held before Senior United States District Judge David A. Faber.
This case is being prosecuted under the Bluefield Pill Initiative as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Birmingham Man Pleads Guilty to Selling Fentanyl that Caused 20-Year-Old’s DeathRead the Press Release
BIRMINGHAM – A Birmingham man pleaded guilty today in federal court to distributing fentanyl, a potent synthetic opioid painkiller, that caused the death of a 20-year-old Pelham woman, announced Acting U.S. Attorney Robert O. Posey and Drug Enforcement Administration Assistant Special Agent in Charge Bret Hamilton.
RODRIGUS LEE PEARSON, 31, pleaded guilty before U.S. District Court Judge Madeline H. Haikala to the charge of illegally distributing fentanyl, resulting in a death in January 2016 in Jefferson County. Pearson also pleaded guilty to distributing heroin on Feb. 8, 2016, distributing fentanyl on Feb. 23, 2016, possessing with intent to distribute heroin, cocaine and crack cocaine on March 30, 2016, and being a felon illegally possessing a gun, an H & K .40-caliber pistol, on March 30, 2016. Pearson’s previous conviction was in Jefferson County Circuit Court in September 2014 for unlawful possession of a controlled substance.
Pearson entered a binding plea agreement with the government that stipulated a 20-year sentence for the crime of distributing an opioid drug that resulted in a death. The possible statutory sentence for that crime is 20 years to life in prison. Twenty years in prison is the maximum penalty for the heroin and fentanyl distribution charges, and 10 years is the maximum prison sentence for being a felon in possession of a firearm. Pearson’s sentencing is scheduled July 12.
“Fentanyl kills in tiny doses – a few salt-sized grains. Most fentanyl on the streets is being made illegally in drug-dealer labs, and here and across the country overdose deaths soar as dealers add fentanyl to heroin to make it more potent,” Posey said. “In Jefferson County last year, the medical examiner’s office reported 106 overdose deaths caused by fentanyl and 100 by heroin, with 40 of those deaths caused by a combination of the two drugs. The fentanyl deaths more than doubled from 49 in 2015. We are committed to our work with DEA and other law enforcement partners to aggressively prosecute those who traffic these deadly drugs,” he said.
“Fentanyl is 50 to 100 times more powerful than morphine. Just a small amount, even a few grains, can be fatal. It is important that the public is aware of the danger of this powerful and potentially lethal drug,” Hamilton said. “DEA will continue to investigate and arrest distributors of this poison, especially when the distribution results in death. This conviction should put others who engage in the distribution of this deadly drug on notice: if you engage in this type of activity, you will face federal charges and a lengthy prison sentence.”
Ashlynn Bailey, the woman who died after purchasing fentanyl from Pearson was a former University of Alabama student. Police found her in a house on Jefferson Avenue in Birmingham on Jan. 30, 2016, after responding to a call of a suspected drug overdose death. Witnesses in the case stated that Bailey had been purchasing heroin from Pearson and that he likely substituted the fentanyl, which was found in her system, for heroin.
According to Pearson’s plea, a taxi driver called Birmingham Police after finding Bailey unresponsive at the house. The taxi driver had left her there the night before and returned to pick her up the next morning to take her to a business on U.S. 280 in Birmingham where Bailey said she worked and could get cash to pay cab fare she owed.
Bailey had borrowed the taxi driver’s cell phone and placed calls the night before. Police later determined that one of the two numbers she called was to a phone Pearson used for drug transactions.
The two drug distribution charges Pearson pleaded guilty to resulted from controlled purchases that a DEA confidential source made from Pearson after contacting the drug dealer at the same number that Bailey called from the taxi driver’s phone the night she died. On the first occasion, DEA agents obtained heroin from Pearson. On the second, agents received fentanyl despite having attempted to buy heroin. A third charge of possession with the intent to distribute heroin stems from Pearson being found in possession of heroin, cocaine, crack cocaine and the H & K .40-caliber pistol, as well as other drug paraphernalia, following a traffic stop.
DEA investigated the case, which Assistant U.S. Attorney Gregory R. Dimler is prosecuting.
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Berea man sentenced to 12 1/2 years in prison for selling heroin that resulted in fatal overdoseRead the Press Release
A Berea man was sentenced to 12 ½ years in prison for selling heroin that resulted in a fatal overdose last year, said Acting U.S. Attorney David A. Sierleja.
U.S. District Judge Christopher A. Boyko sentenced Brandon Wagner to 150 months in prison.
Wagner, 43, was previously found guilty of distribution of heroin. Wagner sold heroin in March 2016 that resulted in the fatal overdose of a Lakewood man, according to court documents.
“Aggressive enforcement of the law will remain part of the solution to combating our state’s opioid epidemic,” Sierleja said. “The detectives who worked this case are to commended for their thorough investigation.”
“The crisis we have in our communities due to heroin and fentanyl is not a problem for just the addicted,” said Lakewood Police Chief Tim Malley. “The families and friends are just as intimately involved with the damage and sorrow this causes. The Lakewood Police Department will continue to investigate all of our overdose cases to hold those accountable that have participated in any way in ending someone’s life. Those selling the heroin know that fatal consequences are all too likely with what they are selling, all for a few dollars. The Lakewood Police Department will continue to work with the U.S. Department of Justice, the Cuyahoga County Prosecutors Office, and the Cuyahoga County Medical Examiner to hold those accountable and take them off our streets for lengthy prison sentences.”
This case was prosecuted by Assistant U.S. Attorney Marisa Darden following an investigation by the Lakewood Police Department and the Northern Ohio Law Enforcement Task Force. The NOLETF is a task force comprised of investigators from the Federal Bureau of Investigation, Cleveland Division of Police, Cuyahoga Metropolitan Housing Authority, Drug Enforcement Administration, Internal Revenue Service, Cuyahoga County Sheriff’s Office, Ohio Bureau of Criminal Investigation and the police departments of Cleveland Heights, Euclid, Lakewood, the Regional Transit Authority, Westlake and Shaker Heights. The NOLETF is also one of the initial Ohio High Intensity Drug Trafficking Area initiatives, which supports and helps coordinate numerous Ohio drug task forces in their efforts to eliminate or reduce drug trafficking in Ohio.
Austin Man Arrested/Charged After Landing Plane Containing Marijuana in Llano Early This MorningRead the Press Release
In Austin this afternoon, federal authorities filed a criminal complaint against 64–year-old Wayne Douglas Brunet for possession with intent to distribute marijuana. Earlier this morning, state authorities arrested Brunet at the Llano (TX) Municipal Airport after discovering approximately 230 pounds of hydroponic marijuana on board his aircraft announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
The affidavit attached to the criminal complaint alleges that HSI agents were prepared to interdict Brunet last night as he attempted to land at an unmanned airport in Bulverde (TX). The Department of Homeland Security Customs and Border Protection (CBP) Air and Marine Operation Center (AMOC) began tracking the single-engine plane after observing that it had a suspicious flight pattern from Medford, OR, to Texas and had landed only once in Holbrook, AZ, to refuel.
The affidavit further states that Brunet landed at the unmanned airport in Bulverde, but departed again after spotting authorities on the ground. Brunet then proceeded to the Lago Vista (TX) airport, but again, aborted his landing as he did in Bulverde when encountered by law enforcement. Brunet then proceeded to the Llano Municipal Airport where he landed at approximately midnight. After bringing the aircraft to a stop, Brunet attempted to flee on foot, but was apprehended on the tarmac by the Texas Department of Public Safety Air Unit. Authorities recovered a total of 15 duffle bags filled with vacuum-sealed packages of marijuana along with approximately $6,000 in U.S. Currency.
Upon conviction, Brunet faces between five and 40 years in federal prison. He remains in federal custody pending a detention hearing scheduled for 2:15pm on Thursday in Austin before United States Magistrate Judge Andrew Austin.
This investigation is being conducted by HSI together with assistance from CBP AMOC, Texas Department of Public Safety Air Unit and the Llano County Sheriff’s Office. Assistant United States Attorney Matthew Devlin is prosecuting this case on behalf of the Government.
A criminal complaint is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Atlanta Heroin Distributor Sentenced as Part of the District’s DMI ProgramRead the Press Release
ATLANTA - Shantuan Daniel has been sentenced for heroin trafficking and being a felon-in-possession of a firearm. Daniel was sentenced to five years and three months in federal prison as part of the district’s Drug Market Initiative (DMI), an on-going commitment to eradicate the heroin market in Atlanta’s English Avenue neighborhood.
“Daniel threatened an Atlanta Police Department officer with a firearm prior to his arrest in this case,” said U.S. Attorney John A. Horn. “But Daniel was captured and brought to justice thanks to the diligence of APD officers and his federal sentence for distributing heroin in the neighborhood of English Avenue is an important win for this community.”
“This sentence is another reminder that ATF and our law enforcement partners will hold individuals accountable for any criminal behavior, especially that which threatens the safety of innocent civilians,” said ATF Special Agent in Charge Wayne Dixie.
“I have always known that partnerships are the key to making the city of Atlanta a safer city,” said Atlanta Police Chief Erika Shields. “The sentencing of Mr. Daniel is proof that the DMI program is working to turn the English Avenue neighborhood in a new direction. The Atlanta Police Department will continue to work with our local, state and federal partners to develop new programs and find innovative ways to fight crime.”
According to U.S. Attorney Horn, the charges, and other information presented in court: Daniel is one of the final defendants to be sentenced as part of the first phase of the district’s DMI investigation of drug trafficking in Atlanta’s English Avenue community. Between April 22, 2015, through June 11, 2015, Daniel distributed heroin in the English Avenue neighborhood and was identified by law enforcement after he conducted a hand-to-hand transaction with an undercover officer in April 2015. He was also a convicted felon at that time.
That day, an undercover officer was present in the area to conduct a drug deal with an unrelated DMI target when Daniel unexpectedly approached him. Daniel gave the undercover officer heroin and his cell phone number in the hope of doing future drug deals with the undercover officer. Then, in June 2015, Daniel was involved in a heroin “buy/bust” attempt, but escaped apprehension when law enforcement officers tried to arrest him.
During that escape, Daniel pointed a loaded firearm at an APD investigator just before escaping down a deep embankment where officers were unable to apprehend him. Despite a pursuit by law enforcement officers of the Georgia State Patrol, APD, and the National Guard, Daniel remained a fugitive for nearly a year. APD Officers eventually apprehended Daniel on April 7, 2016, on unrelated charges. At the time, he was driving a vehicle that contained more heroin and a stolen firearm.
Shantuan Daniel, 25, of Atlanta, Georgia, was sentenced by U.S. District Judge Steve C. Jones to five years and three months in federal prison, followed by three years of supervised release. Daniel pleaded guilty on these charges on November 15, 2016.
This case was prosecuted as part of the U.S. Attorney’s DMI Initiative in the English Avenue heroin market. Since the summer of 2015, more than 60 heroin traffickers have faced federal charges. U.S Attorney’s office staff have simultaneously been involved in diversion programs for other heroin dealers as well as community rebuilding efforts.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Atlanta Police Department.
Assistant United States Attorney Dash A. Cooper prosecuted this case.
The U.S. Attorney’s Office in Atlanta recommends parents and children learn about the dangers of drugs at the following web site: www.justthinktwice.com.
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.
Albuquerque Resident Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Leo Lopez, 27, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge. Under the terms of his plea agreement, the government and the defendant agreed to recommend a sentence of 60 months imprisonment followed by a term of supervised release to be determined by the court.
Lopez and co-defendants Felix Ulibarri, 39, Joseph Sena, 40, and Jennifer Padilla, 39, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and a federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Ulibarri was indicted on July 28, and was charged with distributing methamphetamine on July 11, 2016. The indictment subsequently was superseded on Aug. 9, 2016, to add Lopez, Sena and Padilla. The superseding indictment charged Ulibarri and Padilla with participating in a conspiracy to distribute methamphetamine in July 2016; Lopez, Sena and Padilla with participating in a different conspiracy to distribute methamphetamine in July 2016; Ulibarri with distributing methamphetamine on July 11, 2016; and Sena with distributing methamphetamine on July 26, 2016. According to the indictment, the defendants committed the crimes in Bernalillo County.
During today’s change of plea hearing, Lopez pled guilty to conspiring to distribute methamphetamine, and admitted that on July 26, 2016, he helped arrange a methamphetamine transaction between Sena, Padilla and himself. Lopez remains in custody pending a sentencing hearing, which has yet to be scheduled.
To date, 32 of the 104 defendants have entered guilty pleas, and three defendants have been sentenced. The remaining defendants, including Ulibarri, Sena and Padilla have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the ATF and is being prosecuted by Assistant U.S. Attorney Edward Han.
Albany Woman Pleads Guilty to Making False StatementsRead the Press Release
ALBANY, NEW YORK – Bobbi A. Constantine, formerly Robert Bove, age 49, of Albany, New York, pled guilty today to making false statements in connection with a federal employment application. Constantine also appeared today on a new criminal complaint charging her with wire fraud and Social Security Supplemental Security Income (SSI) fraud.
The announcements were made by United States Attorney Richard S. Hartunian; Inspector in Charge Shelly A. Binkowski, U.S. Postal Inspection Service (USPIS), Boston Division; and Eileen Neff, Special Agent in Charge of the Northeast Area for the United States Postal Service, Office of the Inspector General (USPS-OIG).
As part of her guilty plea in the false statements case, Constantine admitted that, in May 2016, she submitted an application for employment to the United States Postal Service in Troy, New York. That application contained two false statements: (1) that she had never been convicted of a crime and (2) that she was employed from September 2000 to “present” as an administrative assistant. In fact, Constantine had multiple criminal convictions, and was not continuously employed during that time.
Constantine, who has been detained since her September 2016 arrest, is scheduled to be sentenced by Senior United States Judge Thomas J. McAvoy on June 12, 2017. She faces up to 5 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
In the wire fraud and SSI fraud case, the complaint alleges that Constantine defrauded mortgage and automobile lenders by falsely portraying herself as the sole beneficiary of a trust with assets of more than $12 million. According to the complaint, she used fraudulent trust documents to, among other things, purchase a home in Albany, a condominium in Myrtle Beach, South Carolina, and two new vehicles. If convicted of wire fraud, Constantine would face up to 20 years in prison, a maximum $250,000 fine, and a term of supervised release of up to 3 years.
The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
The complaint also alleges that Constantine applied for SSI benefits in March 2014, claiming that she suffered from impairments, including deafness, that caused her to be unable to work. Constantine was awarded SSI benefits in May 2014. During a February 2015 continuing eligibility review, according to the complaint, Constantine claimed to have received no income since her initial May 2014 eligibility review, and failed to disclose that she had received numerous checks and wires totaling $40,000, into a trust account she concealed from the Social Security Administration. Had Constantine disclosed her resources, or her purchase of a second home in South Carolina, her SSI payments would have been reduced or terminated. If convicted of SSI fraud, Constantine would face up to 5 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of up to 3 years.
These cases are being investigated by the USPIS, the USPS-OIG, the New York State Police, and the Social Security Administration-Office of Inspector General, and are being prosecuted by Assistant U.S. Attorney Jeffrey C. Coffman.
Adam Hayat to Appear in Federal CourtRead the Press Release
UPDATE: March 20, 2017 at 3:15 p.m. Adam Hayat appeared in U.S. District Court in Denver. He was advised by U.S. Magistrate Judge Michael E. Hegarty of the charge contained in the recently returned indictment, as well as the penalty associated with that charge. During the hearing Hayat was represented by a member of the Federal Public Defender's Office. He is due next in court on Thursday, March 23, 2017 at 10:00 a.m., also before Magistrate Judge Hegarty. The purpose of the Thursday hearing is to determine the status of his detention. He will also be arraigned, where he will enter a plea.
Hayat currently faces one count of Possession of Firearms Not Registered With the National Firearms Registration and Transfer Record (aka pipe bombs). If convicted the defendant faces not more than 10 years in federal prison, and up to a $250,000 fine.
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DENVER – Adam Hayat is scheduled to have his first court appearance in Colorado this afternoon at 2:00 p.m. before U.S. Magistrate Judge Michael E. Hegarty at the Arraj U.S. Courthouse, 901 19th Street, Courtroom 501. He will be advised of the charges contained in a recently obtained indictment.
A federal grand jury in Denver late last week returned a one count indictment charging Adam Nauveed Hayat, age 35, of Denver, with one count of possession of a firearm (a destructive device) not registered to him in the National Firearms Registration and Transfer Record. If convicted, he faces not more than 10 years in federal prison, and up to a $250,000 fine. The announcement was made by the U.S. Attorney’s Office, the ATF, FBI, and the Denver Police Department.
He was arrested in Los Angeles after making and leaving the destructive devices at the downtown Denver Sheraton Hotel before fleeing. The Denver Police Department’s Bomb Squad carefully removed the devices, ultimately rendering them safe.
This investigation was conducted by the FBI, ATF and the Denver Police Department. The Los Angeles Police Department, as well as the Los Angeles FBI and ATF were involved with the arrest.
The defendant is being prosecuted by Assistant U.S. Attorney Judith Smith, Chief of the Cybercrime and National Security Section and Assistant U.S. Attorney Julia Martinez both with the Colorado’s U.S. Attorney’s Office.
The charge contained in the indictment is an allegation, and the defendant is presumed innocent unless and until proven guilty.
Acting Manhattan U.S. Attorney Announces the Arrest of Chukwuemeka Okparaeke for Conspiracy to Distribute Analogues of Fentanyl on the DarknetRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Phillip R. Bartlett, the Inspector in Charge of the New York Division of the United States Postal Inspection Service (“USPIS”), and Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of Homeland Security Investigations (“HSI”), announced the arrest of CHUKWUEMEKA OKPARAEKE for conspiracy to distribute large quantities of an analogue of fentanyl. Fentanyl and its analogues are synthetic opioids that are significantly stronger than heroin, and are major contributors to overdose fatalities.
Acting U.S. Attorney Joon H. Kim said: “The defendant’s alleged scheme combined one of the gravest current threats to public health – highly addictive and potentially lethal opioids – with a very modern criminal tool – the darknet. Okparaeke allegedly sold fentanyl-like controlled substances through an online black market to conceal the nature of the transactions and his identity. I want to thank our partners at the U.S. Postal Service for bringing Okparaeke’s alleged criminal exploitation out of the dark.”
USPIS Inspector in Charge Phillip R. Bartlett said: “Opioids such as fentanyl have become a public health crisis robbing many of productive futures and their very lives. Postal Inspectors have always made it their mission to protect the public and the U. S. Postal Service from these alleged drug traffickers, putting an end to their criminal enterprise through their misuse of the U. S. Mail.”
HSI Special Agent in Charge Angel M. Melendez said: “The defendant used an online black marketplace known as the ‘darknet’ to acquire large amounts of fentanyl which is a major factor in the large increase in overdose fatalities in our area. Describing himself as a darknet drug trafficker, this arrest shows that the darknet is no longer a secret place for criminals to conduct illegal activity while evading law enforcement.”
According to the allegations contained in the Complaint[1] charging OKPARAEKE:
Using the United States Postal Service, OKPARAEKE engaged in a conspiracy to receive and traffic kilograms of fentanyl analogues throughout the United States. During the operation of the conspiracy, OKPARAEKE received massive quantities of fentanyl analogues from suppliers abroad, repackaged the analogues into smaller quantities, and shipped them to customers using post offices throughout the New York-New Jersey area. To transact with customers and coordinate his sales, OKPARAEKE used an online black marketplace on the “darknet,” accessible only through a special software program that allows users to mask their identities through a process of encryption and decryption between numerous peer-to-peer connections. He used extensive measures to conceal his identity, including measures to encrypt his internet traffic and communications sent from his cellphone. Under an alter ego, he boasted about his exploits as a darknet drug trafficker online, where he also posted a short story detailing his criminal activities and his success at evading law enforcement.
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OKPARAEKE, 28, is charged with one count of conspiracy to distribute large quantities of an analogue of fentanyl, which carries a maximum sentence of life in prison and a mandatory minimum sentence of 10 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
OKPARAEKE was arrested today in Kearny, New Jersey, and will be presented later today before the Honorable Lisa M. Smith in United States District Court in White Plains, New York.
Mr. Kim praised the outstanding investigative work of the USPIS, HSI, the Fairfax County Police Department in Fairfax County, Virginia, the Office of the Attorney General in Virginia, and the Middletown Police Department. Mr. Kim thanked the Fairfax County Police Department for its significant contributions to the investigation and for its assistance in the arrest and apprehension of the defendant.
The case is being prosecuted by the Office’s White Plains Division. Assistant United States Attorney Gillian Grossman is in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations, and every fact described should be treated as an allegation.
Acting Manhattan U.S. Attorney and FBI Announce Charges Against Correction Officer in Rikers Island AssaultRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of criminal charges against RODINY CALYPSO, a New York City Correction Officer, in the assault of an inmate at Rikers Island. CALYPSO was charged with repeatedly punching and elbowing the inmate in the head and face without physical provocation while the inmate was handcuffed behind his back, in violation of his rights under the United States Constitution, and with filing a false report in order to cover up the incident. CALYPSO was arrested this afternoon on charges contained in a criminal Complaint and is expected to be presented in federal court later today.
Acting Manhattan U.S. Attorney Joon H. Kim said: “Rodiny Calypso allegedly violated a Rikers Island inmate’s constitutional rights by viciously beating him – without physical provocation – while the inmate was restrained in handcuffs. As we have said before, the protections of our Constitution extend to those in prisons, and this Office will remain vigilant about protecting the rights of all, including those confined within the walls of Rikers Island.”
FBI Assistant Director William F. Sweeney Jr. said: “Today, Rodiny Calypso, a New York City Correction Officer, is charged with subjecting an inmate to cruel, unnecessary, and inappropriate punishment—behavior that simply won’t be tolerated. The rules that apply to the appropriate use of force are specific and clear, and the vast majority of those within the law enforcement community are quick to adhere to them. Today’s charges not only defend the rights of all prisoners to be afforded proper treatment under the law, but also the reputation of those within the criminal justice system who uphold the rule of law; if you don’t, you’ll swiftly be removed from serving in any official capacity.”
According to the Complaint[1] unsealed today in Manhattan federal court:
Rikers Island is a jail complex, located in the Bronx, New York, maintained by the New York City Department of Correction. At the time of his assault, the inmate (“Inmate-1”) was housed in pretrial detention in the Otis Bantum Correctional Center (“OBCC”), a facility that houses, among other inmates, inmates in need of maximum security. Inmate-1 was housed in Dorm 5 North, a dormitory area within the OBCC in which inmates were generally kept in solitary confinement in individual cells for 23 hours per day. The shower facilities within Dorm 5 North were individual stalls, to be occupied by one inmate at a time, and to which inmates were brought handcuffed, then uncuffed through a port in the shower stall door, and then handcuffed again through the port before being brought out of the stalls by correction officers.
The Assault and Cover-Up
Shortly before noon on February 27, 2014, CALYPSO relieved another correction officer at 5 North while Inmate-1 was in the shower. Inmate-1 and CALYPSO had an extended verbal exchange, during which CALYPSO picked up some personal items Inmate-1 had dropped outside of the door through the port. At one point, CALYPSO stepped away from the door and spoke to a fellow correction officer one level down within the dorm area. That person left the dorm area and returned with another officer (“Officer-1”), who looked up at the shower area.
CALYPSO rear-cuffed Inmate-1 for removal and briefly looked down in the direction of the other officer. CALYPSO then opened the door to the shower stall and immediately punched Inmate-1 several times in the face. He followed Inmate-1 into the shower area, where he put Inmate-1 into a headlock and punched him several more times in the head. CALYPSO began to lose his footing at this point, and clung to Inmate-1’s side. Officer-1 arrived in the stall at this point. As Officer-1 restrained Inmate-1, CALYPSO regained his footing and elbowed Inmate-1 repeatedly – approximately five times – in the head. As a result of the assault, Inmate-1 suffered lacerations to his face and the back of his head. The entire assault was captured on surveillance video and witnessed by multiple inmates whose cells were positioned opposite the shower area.
The New York City Department of Correction issues directives governing the circumstances under which the use of force against inmates is appropriate. Under these directives, force is to be used as a last resort, when an inmate in restraints is still dangerous to himself and others. Among other things, the directives prohibit: the use of more force than is necessary to restrain an inmate, control a situation, or protect oneself or others; the use of force out of proportion to the threat posed by an inmate at the time; the use of blows where a control hold, grasping, or pushing would suffice to restrain the inmate; the direction of blows to the head if the use of such blows is otherwise avoidable; and multiple strikes, punches, or kicks where a single blow would be sufficient to stop an inmate’s attack.
After the assault, CALYPSO filled out a “Use of Force Report” form on which he was supposed to report the circumstances of that assault. In that Use of Force Report, CALYPSO attempted to justify his conduct by falsely stating that Inmate-1 had spit on him and attempted to spit on him again. He also mischaracterized and misstated portions of the assault, omitting the punches he delivered while holding Inmate-1 in a headlock and claiming that he had hit CALYPSO in the “upper torso” area.
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RODINY CALYPSO, 38, of Springfield Gardens, New York, is charged with one count of deprivation of rights under color of law, which carries a maximum sentence of 10 years in prison, and one count of filing false forms, which carries a maximum sentence of 20 years in prison. CALYPSO faces a maximum sentence of 30 years in prison.
Mr. Kim praised the investigative work of the FBI. Mr. Kim also thanked the New York City Department of Investigation, the New York City Department of Correction, Investigative Division, and the Bronx District Attorney’s Office for their assistance in the investigation, which remains ongoing.
This case is being handled by the Office’s Civil Rights and Public Corruption Units. Assistant U.S. Attorneys Tara M. La Morte and Martin S. Bell are in charge of the prosecution.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and the description of the Complaint set forth below constitute only allegations and every fact described should be treated as an allegation.
Sunday 19 March 2017
Statement on Killing of EBRSO DeputyRead the Press Release
BATON ROUGE, LA - In the wake of last night’s tragedy, Acting United States Attorney Corey Amundson stated: “Our hearts and prayers are with the family and friends of the fallen deputy and all the brave men and women in law enforcement who risk their own safety every single day to protect the communities they serve. We will devote whatever federal law enforcement resources are necessary to ensure that justice is served.“
Friday 17 March 2017
“Traveling Crew” Sentenced for Using Stolen Debit Card Numbers from Local BankRead the Press Release
BOISE – On March 15 and 16, 2017, Alejandro Hidalgo, 27, Dilcia Martinez-Marquez, 27, Enrique Matos-Herrera, 30, and Jose Salazar-Quintana, 30, were sentenced to prison for using stolen debit card numbers to make over $30,000 of fraudulent purchases at local Walmart stores and other businesses, Acting U.S. Attorney Rafael M. Gonzalez, Jr. announced. Senior U.S. District Judge Edward J. Lodge sentenced Hidalgo, Matos-Herrera, and Salazar-Quintana, Cuban nationals who were living in Amarillo, Texas, to 48 months in prison, to be followed by three years of supervised release. Martinez-Marquez, an El Salvadorian national married to Hidalgo, was sentenced to 21 months in prison and three years of supervised release. The defendants also were ordered to pay $30,620.58 in restitution.
On December 5, 2016 a federal jury convicted all the defendants of conspiracy to commit wire fraud. Hidalgo also was convicted of six counts each of wire fraud and aggravated identity theft. Martinez-Marquez also was convicted of four counts of wire fraud. Matos-Herrera was convicted of four counts each of wire fraud and aggravated identity theft. And Salazar-Quintana was convicted of seven counts each of wire fraud and aggravated identity theft. In handing down the sentences in this case, Judge Lodge noted that the jury only needed to deliberate for a couple hours despite the number of counts charged in the case.
The week-long trial established that the defendants, and their co-defendants, Luis Mejias-Fiz, 27, and Eslay Monzon, 43, traveled to Idaho for the purpose of executing their scheme. They rented hotel rooms and traveled to at least seven Walmart stores and a couple of Walgreens stores in the Treasure Valley on October 15 and 16, 2015. They obtained stolen debit card numbers from “dark web” internet sites that traffic in stolen account numbers. The defendants targeted Idaho residents by obtaining stolen debit card account numbers from Idaho Independent Bank. They fraudulently encoded the stolen account numbers onto the magnetic strips of stock gift cards and then used the re-encoded cards to purchase new gift cards and other merchandise. On October 16, 2015––thanks in part to tips from members of the public––the Meridian Police Department apprehended the defendants in the vehicle they were sharing. Through the investigation, law enforcement recovered thousands of dollars-worth of gift cards, merchandise, and a computer that the defendants used to execute their scheme.
Co-defendants Monzon and Mejias-Fiz, who pleaded guilty before trial and testified against their co-conspirators at the trial, were sentenced to 25 months and 21 months in prison, respectively.
Conspiracy to commit wire fraud and wire fraud are punishable by up to 20 years in prison, a $250,000 fine, and three years of supervised release. Aggravated identity theft is punishable by a mandatory two years in prison, to be served consecutively to the sentence imposed for the underlying felony.
The case was investigated by the Meridian Police Department and the United States Secret Service.
Woman Pleads Guilty to Possession with Intent to Distribute MarijuanaRead the Press Release
St. Thomas, USVI – Okeyonna Njoku, 30, of Los Angeles, California pleaded guilty on March 16, 2017, in federal court to possessing with intent to distribute marijuana, Acting United States Attorney Joycelyn Hewlett announced.
According to the plea agreement, on October 15, 2016, at the Cyril E. King Airport, St. Thomas, a U.S. Customs and Border Protection (CBP) K-9 detected narcotics in a checked bag belonging to Njoku, who had arrived on an American Airlines flight from Miami, Florida. CPB officers examined the contents of the bag, resealed it, and placed it on the carousel for retrieval. Njoku retrieved the bag from the baggage claim area. CBP officers seized and field-tested a total of approximately 5.9 kilograms of marijuana from Njoku’s bags.
Njoku was remanded into the custody of the United States Marshals Service. Sentencing is scheduled for July 20, 2017.
Njoku faces a maximum sentence of not more than five years in prison, a fine of up to $250,000, and three years of supervised release.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It was prosecuted by Assistant United States Attorney Anna A. Vlasova.
Wolfeboro Man Pleads Guilty to Committing Two Rochester Bank RobberiesRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Jake Chiaradonna, of Wolfeboro, New Hampshire, pleaded guilty on Thursday to committing two bank robberies in Rochester, New Hampshire.
According court records and statements made in court, on October 5, 2016, Chiaradonna entered the Citizens Bank on Milton Road in Rochester, New Hampshire, and handed the teller a note claiming that he had a gun and demanding money. The teller gave Chiaradonna money from the register and Chiaradonna fled the bank. Six days later, on October 11, 2016, Chiaradonna committed a similar robbery at the TD bank on Old Dover Road in Rochester, New Hampshire, handing the teller a note stating “give me your 20’s, 50’s, 100’s I have a gun.”
Police circulated bank surveillance images to the public, and in response, several individuals contacted law enforcement to identify Chiaradonna as the robber. Police and Deputy U.S. Marshals subsequently located and arrested Chiaradonna at a Wolfeboro area motel.
A sentencing hearing is scheduled for June 26, 2017.
The case was investigated by the Rochester Police Department and the Wolfeboro Police Department, with assistance from the U.S. Marshals Service and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Shane Kelbley.
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Willowbrook Woman Sentenced to a Year in Prison for Defrauding City of Chicago’s Women-Owned Business Entity Procurement ProgramRead the Press Release
CHICAGO — A Willowbrook woman has been sentenced to a year and a day in federal prison for scheming to help a contractor falsely satisfy its female hiring requirement for city of Chicago construction projects.
As the owner of a certified Women’s Business Enterprise, ELIZABETH PERINO allowed her company to be claimed as a subcontractor on city projects so that the general contractor could satisfy its requirement to assign a portion of the work to female-owned businesses. Perino falsified paperwork to conceal the fact that her business, Perdel Contracting Co., would perform no actual work on the projects. As a result of Perino’s fraud, Perdel expected to receive payment equivalent to a percentage of the work that Perdel fraudulently claimed to have performed.
A jury last year convicted Perino, 62, of Willowbrook, on three counts of wire fraud and one count of mail fraud. U.S. District Judge Gary Feinerman imposed the sentence Thursday in federal court in Chicago.
The conviction was announced by Brian Hayes, Chief of the Criminal Division of the United States Attorney’s Office for the Northern District of Illinois; Michael J. Anderson, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation; Thomas Ullom, Special Agent-in-Charge of the U.S. Department of Transportation Office of Inspector General in Chicago; James Vanderberg, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Labor’s Office of Inspector General, Office of Labor Racketeering and Fraud Investigations; and Joseph M. Ferguson, Inspector General for the City of Chicago.
A city of Chicago ordinance establishes an overall goal of awarding at least 5% of total annual funding of all city contracts to WBEs. For contracts with values exceeding $10,000, each contractor has to commit a certain percentage of labor to WBEs, either as a joint venture or subcontractor, or by purchasing goods or services from a WBE. In addition to being a WBE, Lockport-based Perdel, which specialized in concrete and carpentry work, also qualified to participate in city projects as a certified Disadvantaged Business Enterprise.
Evidence at Perino’s trial revealed that Perino and a co-worker agreed to act as a “pass-through” WBE/DBE on two city projects, meaning that Perdel’s employees would perform no work and Perdel’s equipment would not be used. For one of the projects – at O’Hare International Airport – Perino agreed to place the general contractor’s employees on Perdel’s payroll to perform the work that would be credited to Perdel. Perino also entered into a sham contract to “purchase” street sweepers from the general contractor and title them in Perdel’s name while the general contractor’s workers performed the street sweeping as purported employees of Perdel. Perino and the general contractor further agreed that, at the conclusion of the O’Hare project, the street sweepers would be returned to the general contractor for $1 per machine, and Perdel would receive 18% on top of the labor costs and $20 per hour for the street sweepers.
The government was represented by Assistant U.S. Attorneys Megan Cunniff Church and Matthew Kutcher.
West Covina Man Faces Federal Charge after 1¼ Pounds of Meth and Numerous Firearms Discovered in his West Covina ResidenceRead the Press Release
LOS ANGELES – A West Covina man has been charged in federal court with possession with the intent to distribute methamphetamine after authorities found over one-half kilogram of methamphetamine in his residence.
Edwin Francisco Reyes, 44, was charged with the drug trafficking offense in a criminal complaint filed Wednesday in United States District Court.
According to the affidavit in support of the complaint, Reyes was arrested by the Chino Police Department on March 2 after they executed a search warrant at the home he shared with his wife and four children. During the search, officers with the Chino Police Department seized 532 grams – or nearly 19 ounces – of methamphetamine.
Reyes, who admitted being a convicted felon, also was in possession of 28 firearms, including six handguns, two bolt-action rifles and two AR-style rifles, according to the affidavit.
The affidavit alleges that Reyes admitted being involved in a drug trafficking ring as a runner who delivered drugs to buyers in exchange for cash. On the day the search warrant was executed, according to the affidavit, Reyes admitted picking up five pounds of methamphetamine to deliver to Ontario.
A criminal complaint contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
Reyes, who is currently in state custody, is expected to be handed over to federal authorities next week.
If he is convicted of the charge of possession with the intent to distribute methamphetamine, Reyes would face a mandatory minimum sentence of 10 years and a statutory maximum sentence of life in federal prison.
The ongoing federal investigation is being led by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Special Assistant United States Attorney Peter Hardin of the General Crimes Section is prosecuting the case.
Watertown Man Sentenced to Three and One Half Years in Prison for Federal Firearms FelonyRead the Press Release
SYRACUSE, NEW YORK - Vantroy Nelson, 36, of Watertown, New York, was sentenced yesterday to serve forty-two 42 months (3 ½ years) in prison following his guilty plea to possession of a firearm by a convicted felon, announced United States Attorney Richard S. Hartunian and Ashan M. Benedict, Special Agent in Charge of the New York Field Division, United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The charges stemmed from an incident on December 21, 2013 where Nelson fired a shotgun from the back porch of a residence in the city of Watertown, New York. Nelson was also ordered to serve three (3) years of supervised release following his prison sentence.
This case was investigated by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the City of Watertown (New York) Police Department, and was prosecuted by Assistant U.S. Attorney Nicolas Commandeur.