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29 April 2017
Eagle Butte Woman Sentenced for ForgeryRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, woman convicted of Forgery was sentenced on April 18, 2017, by U.S. District Judge Roberto A. Lange.
Chelsea White Eyes, a/k/a Chelsea Elk Eagle, age 41, was sentenced to time served (144 days) and 2 years of supervised release. She was also ordered to pay restitution in the amount of $3,514, as well as a special assessment to the Federal Crime Victims Fund in the amount of $200.00.
White Eyes was indicted by a federal grand jury on October 12, 2016. She pled guilty on December 6, 2017.
The conviction stems from an incident on May 29, 2016, when White Eyes, along with two other co-Defendants forged 17 checks on the account of the Cheyenne River Management Corporation. White Eyes cashed several of those 17 fraudulent checks.
This case was investigated by the Cheyenne River Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Jay Miller prosecuted the case.
Eagle Butte Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on April 24, 2017, by U.S. District Judge Roberto A. Lange.
Charles Moran, age 39, was sentenced to 20 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Moran was indicted by a federal grand jury on November 16, 2016. He pled guilty on December 19, 2016.
The conviction stems from Moran failing to register as a sex offender as required by federal law between August 1, 2016, and August 31, 2016. Moran had previously been convicted of a sex offense in federal court, which requires him to register as a sex offender.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Jay Miller prosecuted the case.
Moran was immediately turned over to the custody of the U.S. Marshals Service.
Eagle Butte Man Charged with Assault and Child AbuseRead 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, Assault Resulting in Substantial Bodily Injury to an Intimate Partner, and Child Abuse.
Kevin Yellow Earring, age 26, was indicted on April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 15 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 January 19, 2017, Yellow Earring assaulted his intimate partner with a knife, causing substantial injuries. The Indictment also alleges that on January 19, 2017, Yellow Earring abused, exposed, tortured, tormented, and cruelly punished a child who had not attained the age of 7 years.
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.
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 April 12, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 17, 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 $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on April 14, 2014, Yellow Earring assaulted an adult male with a padlock, causing serious injuries.
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.
28 April 2017
Woman Sentenced to Prison for Fraudulently Obtaining Veterans Disability BenefitsRead the Press Release
PANAMA CITY, FLORIDA – Veronica Dale Hahn, 60, of Bonifay, Florida, was sentenced yesterday to 9 months in federal prison and ordered to pay $394,800.85 in restitution, after pleading guilty to theft of government funds on the second day of her trial in January. The sentence was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
During the first two days of trial, the government presented evidence that, between November 2001 and February 2016, Hahn received $394,800.85 from the Department of Veterans Affairs in disability payments for 100% service-connected blindness in both eyes. Over the course of a decade and a half, Hahn told various doctors within the Veterans Health Administration and in private practice that she was almost completely blind. However, within a year of receiving her disability benefits for loss of vision, she obtained driver’s licenses in New Mexico, Alabama, and Florida with no vision restrictions, after passing vision exams in each state with at least 20/40 vision. During this time, Hahn was also observed driving her personal automobile on numerous occasions. Further, she worked full time as a case manager and transition counselor at several state correctional facilities. All of these activities required normal eyesight to perform her duties.
United States Attorney Canova said: “Instead of providing benefits and assistance to worthy veterans who are justifiably in need, significant resources from the Department of Veteran’s Affairs were diverted to uncover an extensive and persistent fraud by Ms. Hahn, who repeatedly gave dishonest information and collected hundreds of thousands of dollars to which she was not entitled. This case sends the message that you cannot make false disability claims and just walk away from such a crime.”
Special Agent in Charge Monty Stokes, U.S. Department of Veterans Affairs Office of Inspector General – Southeast Field Office, said that this sentencing was the result of a successful multi-year investigation. “VA Disability Compensation Benefits are intended to provide for veterans with injuries or diseases related to their military service. Because of the successful investigative and prosecutive efforts of the VA OIG and the U.S. Attorney's Office, Veronica Hahn’s greed and deception will not go unchecked.”
The case was investigated by the Department of Veterans Affairs – Office of the Inspector General. It was prosecuted by Assistant United States Attorneys Christopher J. Thielemann and Michael J. Frank.
The United States Attorney's Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
For more information, contact:
Amy Alexander, Public Information Officer
Willianson County Man Sentenced for Methamphetamine OffensesRead the Press Release
On April 26, 2017, Otis R. Elion, 48, of Marion, was sentenced to federal prison for methamphetamine offenses, United States Attorney for the Southern District of Illinois, Donald S. Boyce, announced today.
Elion, who had previously pled guilty to a three-count indictment charging distribution of methamphetamine, was sentenced to 167 months of imprisonment, three years of supervised release, and was fined $600.00. Evidence at the plea and sentencing hearings established that, on October 17 and 18, 2016, Elion sold methamphetamine to a confidential source working for law enforcement. The offenses occurred in Williamson County.
At the time that he committed the offenses, Elion had 17 prior felony drug convictions and was on supervised release for a 2007 federal drug conviction. At the sentencing hearing, the district judge revoked Elion’s term of supervised release on the prior federal case and imposed an additional 33 month sentence, for a total of term of imprisonment of 200 months.
The investigation was conducted by the Southern Illinois Enforcement Group and Drug Enforcement Administration. The Marion Police Department Emergency Response Team, Illinois State Police, and Williamson County States Attorney’s Office assisted in the investigation.
Villanova Man Charged with Tax EvasionRead the Press Release
Esam Salah, age 54, of Villanova, Pennsylvania, was charged today by information[1] with one count of tax evasion, announced Acting United States Attorney Louis D. Lappen. The information charges that from January 2008 through April 2011, Salah, who was the president and sole shareholder of several restaurants in the Philadelphia area, did not report to the Internal Revenue Service approximately $2,769,813 in cash revenue that he used to pay employee salaries at two of his restaurants. Also according to the information, he failed to pay approximately $506,875 due for federal employee tax withholding and required Social Security and Medicare taxes.
If convicted the defendant faces a maximum possible sentence of 5 years in prison, a fine of $250,000, a three year period of supervised release, $ 250,000 fine and a $100 special assessment.
The case was investigated by the Internal Revenue Service and is being prosecuted by Assistant United States Attorney Judy G. Smith.
[1]An Information is an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Attorney John Parker Releases the Following Statement Following the Verdict of the John Wiley Price, Et Al. TrialRead the Press Release
DALLAS - First, I want to thank the dedicated women and men of the jury for their extraordinary service during this long and difficult process, announced John Parker, U.S. Attorney for the Northern District of Texas.
I will be convening with the prosecution team over the next several days regarding where we go from here, consistent with the court’s timeline.
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Two Rhode Island Sisters Sentenced for Immigration Services ScamRead the Press Release
BOSTON – Two Rhode Island sisters were sentenced today in federal court in Worcester for their roles in an immigration services fraud that netted over $700,000.
Indranis Rocheford, 28, a dual national of the Dominican Republic and St. Kitts living in Woonsocket, RI, and Alba Peña, 26, of Woonsocket, RI, were sentenced today by U.S. District Court Judge Timothy S. Hillman to 33 months and 35 months in prison, respectively, three years of supervised release, and ordered to pay $739,850 in restitution. Rocheford will be subject to deportation proceedings after serving her sentence. Following a 15-day trial in February 2017, Peña and Rocheford were convicted of wire fraud.
From 2009 through 2013, Peña, Rocheford, and their mother, Patria Zuniga, operated a fraud scheme that targeted undocumented immigrants seeking to legalize their status. As part of the scheme, Peña, Rocheford, and Zuniga told victims that Zuniga was either a lawyer or employee of U.S. immigration authorities who could help them become lawful permanent residents. They charged the victims between $8,000 and $14,000 for Zuniga’s services. After the victims made the initial payments, Zuniga extorted thousands of dollars more by threatening to have them deported if they refused to pay.
As part of the fraud, Peña and Rocheford recruited clients, assisted in sales pitch presentations, prepared fake immigration paperwork, and took receipt of victim payments, which were initially made in cash and later accepted via bank account deposits, money orders and wire transfers. In total, victims paid Peña, Rocheford, and Zuniga more than $700,000 for fraudulent immigration services.
In June 2016, Zuniga was sentenced to 78 months in prison and ordered to pay restitution in the amount of $713,850 after she pleaded guilty for her role in the scheme.
Acting United States Attorney William D. Weinreb; Matthew Etre, Special Agent in Charge of Homeland Security Investigations; and Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service in Boston made the announcement today. Assistant U.S. Attorneys Jordi de Llano and John Capin of Weinreb’s Criminal Division prosecuted the case.
Two Elk Grove Residents Plead Guilty to Trafficking in Counterfeit DVDsRead the Press Release
SACRAMENTO, Calif. —Xavier L. Johnson, 36, formerly of Elk Grove, and Kristin M. Caldwell, 35, of Elk Grove, pleaded guilty today to trafficking in counterfeit goods, United States Attorney Phillip A. Talbert announced.
According to court documents, between April 2008 and August 2011, the defendants imported counterfeit DVDs containing children’s movies from manufacturers in China and sold them over the internet. During that time period, they ordered at least 43,589 counterfeit DVDs from a supplier in China. According to court documents, when advertising the movies on their websites and in marketing emails, the defendants made false representations to consumers, including that the DVDs were in “limited supply” or “currently out of print” when in fact the defendants had a virtually limitless supply of counterfeit DVDs. The activity charged in the indictment occurred after the defendants had received multiple letters from government agencies telling them that shipments of DVDs were being seized at the border because they were counterfeit.
This case is the product of an investigation by the United States Postal Inspection Service and the Federal Bureau of Investigation. Assistant United States Attorney Matthew G. Morris is prosecuting the case.
Johnson and Caldwell are scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on August 4, 2017. Both defendants face a maximum statutory penalty of 10 years in prison and a $250,000 fine. 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.
Twenty-Eight Alleged Members of Mexican Drug Trafficking Organization Charged with Federal Drug Trafficking and International Money Laundering OffensesRead the Press Release
Kentucky and Illinois
DEA-Led Investigation Included Seizures of 30 Kilograms of Heroin, 64 Kilograms of Methamphetamine, 17 Kilograms of Cocaine, 20 Kilograms of Marijuana, 24 Firearms, $102,000 in Currency and Three Vehicle
ALBUQUERQUE – Twenty-eight individuals are facing drug trafficking and money laundering charges as the result of a federal investigation targeting a Mexican drug trafficking organization (DTO) responsible for importing large quantities of heroin, methamphetamine and cocaine from Mexico, and distributing the drugs in New Mexico, Texas, Kansas, Kentucky and Illinois.
The charges are the result of a 16-month DEA-led investigation during which law enforcement authorities seized approximately 30 kilograms of heroin, 64 kilograms of methamphetamine, 17 kilograms of cocaine, 20 kilograms of marijuana, 24 firearms, $102,000 in currency, and three vehicles. The investigation concluded this morning with an early morning, multi-agency law enforcement operation which included the execution of arrest warrants in New Mexico and Texas, and the execution of six search warrants at locations in El Paso, Tex., Sunland Park, N.M., Belen, N.M., and Albuquerque, N.M.
Acting U.S. Attorney James D. Tierney and Special Agent in Charge Will R. Glaspy of the DEA’s El Paso Division announced the results of the investigation this afternoon during a press conference in Las Cruces, N.M. Representatives of the U.S. Border Patrol, Homeland Security Investigations, New Mexico State Police, Dona Ana County Sheriff’s Department, Las Cruces Police Department and Sunland Park Police Department joined Acting U.S. Attorney Tierney and DEA Special Agent in Charge Glaspy in making the announcement.
In announcing the charges, Acting U.S. Attorney Tierney said, “This investigation and its resulting prosecutions are about taking control of our streets. The charges filed and drugs seized as the result of this investigation demonstrate the success of the collaborative efforts of our federal, state, county and local law enforcement agencies to root out drug traffickers operating in New Mexico and throughout the country. Through today’s announcement, the law enforcement community is sending a loud and clear message to those who traffic drugs in our communities that they cannot commit crimes in New Mexico without consequence.”
“Today law enforcement in New Mexico and West Texas has dealt a severe blow to a drug trafficking organization with ties to a Mexican drug cartel,” said DEA Special Agent in Charge Glaspy. “Through the cooperation of numerous law enforcement organizations we have removed criminals from our communities who have been involved in smuggling, transporting, and distributing drugs.”
“The responsibility of protecting our borders and keeping our communities safe is a task to which we are committed. We are proud to partner with these other fine law enforcement agencies as we work together to protect our citizens and our future from the selfish criminals that look to profit by exploiting our neighborhoods and our children,” said Jeffrey D. Self, Chief Patrol Agent, El Paso Sector. “This entire investigation is a perfect example of an interdiction that continued into a perfectly executed investigation through a unified effort.”
“The results of this multi-agency operation reflects greatly on the partnership and commitment of dedicated men and women to combat the poisoning of our communities with highly addictive and dangerous drugs,” said Waldemar Rodriguez, Special Agent in Charge of HSI El Paso. “HSI is committed to continue working with our law enforcement partners to enhance public safety in our communities.”
The investigation, which was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, targeted a DTO allegedly led by Luis Angel Briseño-Lopez, 30, a Mexican national believed to reside in Juarez, Mexico, and who has yet to be arrested. The multi-agency investigation revealed that the DTO allegedly imported large quantities of heroin, methamphetamine and cocaine from Mexico into the United States; distributed the drugs in several states; and transported drug proceeds back to Mexico.
Twenty-three of the 28 defendants are charged in a 44-count indictment, three are charged in two separate criminal complaints, and two will be charged in criminal complaints being filed today. Twenty-three of the 28 defendants are in custody, including 20 who were arrested during today’s law enforcement operation.
The 44-count indictment, which was filed under seal on April 19, 2017 and unsealed earlier today, alleges that the 23 defendants charged therein participated in a conspiracy to distribute heroin, methamphetamine and cocaine between April 2016 and April 2017. It also alleges that nine of the defendants also participated in an international money laundering conspiracy during that same period in time. The indictment also charges certain defendants with engaging in a series of substantive drug trafficking and money laundering offenses, and using communication devices (telephones) to facilitate their criminal activities. It charges one defendant with a firearms offense.
The indictment includes 77 overt acts allegedly committed by the defendants in furtherance of the drug trafficking conspiracy. The overt acts describe the expansive sweep of the DTO’s drug distribution operation and the significant quantities of drugs involved. For example, the overt acts allege that the DTO’s drug trafficking and money laundering activities extended to Kentucky, where law enforcement officers seized $15,300 in drug proceeds from a courier who was transporting the money to New Mexico in April 2016; Oklahoma, where law enforcement officers seized 4.44 kilograms of methamphetamine from a courier in June 2016; and New Mexico, where law enforcement officers seized six kilograms of heroin from couriers at a U.S. Border Patrol checkpoint in October 2016.
The indictment also includes forfeiture allegations, which seek to forfeit to the United States the proceeds of the DTO’s drug trafficking and money-laundering activities, including $56,556 seized by the DEA during the investigation. It also seeks the imposition of a money judgment in the amount of at least $1.4 million, the amount allegedly derived from the crimes charged in the indictment.
One defendant is charged in a criminal complaint with heroin and cocaine trafficking offenses arising out of the seizure of approximately 24.4 pounds of heroin and 2.45 pounds of cocaine at the U.S. Border Patrol checkpoint on Interstate 25 north of Las Cruces on March 10, 2017. Two other defendants are charged in a criminal complaint with heroin trafficking offenses arising out of the seizure of approximately 17.8 pounds of heroin by the Hatch Police Department during a traffic stop near Hatch, N.M., on April 20, 2017.
Two other defendants, who were not previously charged, were arrested during today’s law enforcement operation. They will be charged in criminal complaints to be filed today with drug trafficking and money laundering offenses.
“The citizens of New Mexico are safer today because of the collaborative effort between law enforcement agencies. When law enforcement agencies combine resources and assets, we are able to bring illegal narcotic traffickers to justice,” said Chief Pete Kassetas of the New Mexico State Police. “These cases are great examples of how local, county, state and federal agencies are working with State District Attorneys and the U.S. Attorney to prosecute those responsible for their crimes. This operation reinforces that there are consequences to those that choose to conspire to illegal narcotics crimes in our communities and state.”
“The Hatch Police Department along with the other agencies involved in today’s operation continue to have a strong relationship,” said Chief James Gimler of the Hatch Police Department. “We are honored to work hand in hand with our federal partners, the DEA and the U.S. Attorney’s Office in achieving the ultimate goal of keeping our streets safe.”
Doña Ana County Sheriff Enrique Vigil said, “I can say with confidence that our local law-enforcement agencies are committed to doing all that we can to bring fugitives to justice, and will continue working together to make our great state of New Mexico a safe place. In doing that, I will continue to pledge every resource available from the Doña Ana County Sheriff’s Department towards that goal.”
“The Las Cruces Police Department is proud of the working relationship we have with other local and federal law enforcement agencies,” said Chief Jaime Montoya of the Las Cruces Police Department. “We rely on each other to help keep our communities safe from those who defy our laws.”
“Through partnerships within our federal, state and local law enforcement agencies, those communities and families affected by criminal activity can rest assured, that at the end of the day, we are all here to Serve and Protect. We want to be a part of making the neighborhoods safe again in order to ensure that our community can roam around freely without worrying about crime a foot,” said Chief Javier Guerra of the Sunland Park Police Department. “In keeping our community safe, I want to enlist their help by asking them to report anything out of the ordinary, suspicious behavior and domestic violence. It is the duty and responsibility of the community to watch-out for each other.”
The Las Cruces and Albuquerque offices of the DEA conducted the investigation with assistance from the U.S. Border Patrol, New Mexico State Police and Hatch Police Department. In addition, the Las Cruces and El Paso offices of Homeland Security Investigations, Dona Ana County Sheriff’s Office, Las Cruces Police Department and Sunland Park Police Department participated in today’s law enforcement operation. Assistant U.S. Attorneys Selesia L. Winston and Sarah M. Davenport of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the cases as part of the OCDETF Program and the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative.
The OCDETF Program is a nationwide Department of Justice program that combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico. The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Indictment in United States v. Luis Angel Briseño-Lopez, et al., 17-CR-1032-RB
Summary of the Charges
Count 1 of the Indictment charges 23 defendants with participating in a conspiracy to distribute heroin, methamphetamine and cocaine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years nor more than life and a $10 million fine.
Count 2 of the Indictment charges nine defendants with participating in an international money laundering conspiracy. The maximum statutory penalty for a conviction on this count is 20 years and a $500,000.
Counts 3, 20, 21, 31 and 39 charge certain defendants with substantive international money laundering offenses. The maximum statutory penalty for a conviction on this count is 20 years and a $500,000.
Counts 4, 5, 7, 8, 10, 11, 13, 15, 17, 22 through 24, 27, 28, 30, 32 and 33 charge certain defendants with using communication facilities to facilitate drug trafficking crimes. The maximum statutory penalty for a conviction on each of these counts is imprisonment for four years and a $250,000 fine.
Counts 6 and 29 charge certain defendants with possession with intent to distribute more than 500 grams of a mixture and a substance containing methamphetamine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life and a $10 million fine.
Count 9 charges a defendant with distributing more than 50 grams of a mixture and substance containing methamphetamine. The maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years and a $5 million fine.
Count 12 charges a defendant with distributing more than 50 grams of methamphetamine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life and a $10 million fine.
Counts 14, 25, 35 and 36 charge certain defendants with possession with intent to distribute more than 50 grams of methamphetamine. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life and a $10 million fine.
Counts 16, 19, 26, 34, 37, 38, 40 and 44 charge certain defendants with possession with intent to distribute more than a kilogram of heroin. The statutory penalty for a conviction on this count is imprisonment for not less than ten years or more than life and a $10 million fine.
Count 41 charges a defendant with carrying and possessing a firearm in relation to a drug trafficking crime. The statutory penalty for a conviction on this count is imprisonment for not less than five years, which must be served consecutive to any sentence imposed on other counts of conviction.
Count 42 charges a defendant with managing or controlling a residence for storing controlled substances. The maximum penalty for a conviction on this count is imprisonment for 20 years and a $500,000 fine.
Count 43 charges certain defendants with possessing with intent to distribute more than 500 grams of cocaine. . The maximum penalty for a conviction on this count is imprisonment for not less than five years or more than 40 years and a $5 million fine.
Charges against Defendants
Luis Angel Briseño-Lopez, 30, a Mexican national believed to reside in Juarez, Mexico, is charged in Counts 1-4, 6, 13-17, 20-21, 23, 25-26, 29, 31-32 and 34-39 of the indictment. Briseño-Lopez has yet to be arrested and is considered a fugitive.
Francisco Luna-Rosales, 50, a legal permanent resident who resides in Albuquerque, N.M., is charged in Counts 1, 27, 29, 38 and 40-42 of the indictment. Luna-Rosales has yet to be arrested and is considered a fugitive.
Omar Fernandez, 21, of Albuquerque, N.M., is charged in Counts 1, 24 and 28 of the indictment. Fernandez was arrested this morning in Albuquerque.
Manuel German Ibarra, 32, of Albuquerque, N.M., is charged in Counts 1, 2, 22 and 31 of the indictment. Ibarra has yet to be arrested and is considered a fugitive.
Juan R. Gutierrez, 30, of Belen, N.M., is charged in Counts 1, 2 and 18-20 of the indictment. Gutierrez was arrested this morning in Belen.
Gustavo Hernandez-Loaiza, 38, of Albuquerque, N.M., is charged in Counts 1, 2 and 21 of the indictment. Hernandez-Loaiza was arrested this morning in Albuquerque.
Joshua Jande Carmona, 23 of El Paso, Tex., is charged in Counts 1-3, 5-8, 10-11, 14, 29-31 and 34-35 of the indictment. Carmona was arrested this morning in Arlington, Tex.
Alberto Terrazas-Ignacio, 24, of Albuquerque, N.M., is charged in Counts 1, 2, 6, 15-18, 20-28, 32-33 and 44 of the indictment. Terrazas-Ignacio was arrested this morning in Las Cruces.
Jose Manuel Ortiz-Campos, 28, a legal permanent resident residing in El Paso, Tex., is charged in Counts 1- 2 and 36-40 of the indictment. Ortiz-Campos was arrested this morning in El Paso.
Diego Armando Rivas-Aguilar, 23, a Mexican national, is charged in Counts 1 and 33 of the indictment. Rivas-Aguilar is in custody on a federal marijuana trafficking charge in the Western District of Texas and will be transferred to the District of New Mexico to face the charges in the indictment.
Edgar Dominguez-Cuellar, 30, of Sunland Park, N.M., is charged in Counts 1, 7-10 and 12-13 of the indictment. Dominguez-Cuellar is in custody on a federal alien smuggling charge in the District of New Mexico.
Rosa M. De Santiago, 43, of Sunland Park, N.M., is charged in Counts 1- 2 and 36-40 of the indictment. De Santiago was arrested this morning in Sunland Park.
Georgina Ramirez, 36, of Anthony, N.M., is charged in Counts 1, 36-38 and 43 of the indictment. Ramirez was arrested this morning in Anthony.
Jesus A. Flores, 39, a legal permanent resident of Anthony, N.M., is charged in Counts 1, 38 and 43 of the indictment. Flores was arrested this morning in Anthony.
Alfonso Rios, 36, of Santa Rosa, N.M., is charged in Counts 1 and 11 of the indictment. Rios was arrested in El Paso.
Vanessa Reyes, 26, of El Paso, Tex., is charged in Counts 1-2 and 29-31 of the indictment. Reyes was arrested this morning in Arlington, Tex.
Roderica T. Bahe, 24, of Albuquerque, N.M., is charged in Counts 1 and 44 of the indictment. Bahe was arrested this morning in Las Cruces.
Martin J. Contreras, 25, of Rio Rancho, N.M., is charged in Counts 1 and 25-26 of the indictment. Contreras was arrested this morning in Rio Rancho.
Elizabeth Monroy, 19, of Chaparral, N.M., is charged in Counts 1 and 36-37 of the indictment. Monroy was arrested this morning in Chaparral.
Daisy Hidalgo, 22, of Anthony, N.M., is charged in Counts 1 and 36-37 of the indictment. Hidalgo has yet to be arrested and is considered a fugitive.
Jazmin Lucia Soto, 19, of Chaparral, N.M., is charged in Counts 1 and 36-37 of the indictment. Soto was arrested this morning in Las Cruces.
Ricardo Terrazas-Ignacio, 19, of Las Cruces, N.M., is charged in Count 1 and 16 of the indictment. Terrazas-Ignacio was arrested this morning in Las Cruces.
Dulce Viridiana Rodriguez, 21, of Albuquerque, N.M., is charged in Counts 1 and 38 of the indictment. Rodriguez has yet to be arrested and is considered a fugitive.
Criminal Complaint in United States v. Jose Fernando Lucero, 17-MJ-617-GJF
The criminal complaint charges Jose Fernando Lucero, 24, of Las Cruces, N.M., with conspiracy and possession of heroin and cocaine with intent to distribute. The charges against Lucero arise out of the seizure of approximately 24.4 pounds (11 kilograms) of heroin and 2.45 pounds (1.1 kilogram) of cocaine by the U.S. Border Patrol on March 10, 2017, during an inspection at the U.S. Border Patrol checkpoint on Interstate 25 north of Las Cruces, N.M. The statutory penalty for a conviction on the charges in the complaint is imprisonment for not less than ten years nor more than life and a $10 million fine. Lucero was arrested on March 10, 2017, and remains in federal custody pending trial.
Criminal Complaint in United States v. Reyes, et al., 17-MJ-1042-SMV
The criminal complaint charges Maria Isabel Reyes, 37, and Roberta Guillermina Ornelas, 38, both of Horizon City, Tex., with conspiracy and possession of more than a pound of heroin with intent to distribute. The charges against Reye and Ornelas arise out of the seizure of approximately 17.80 pounds (8.10 kilograms) by the Hatch Police Department near Hatch, N.M., on April 20, 2017. The statutory penalty for a conviction on the charges in the complaint is imprisonment for not less than ten years nor more than life and a $10 million fine. Reyes and Ornelas were arrested today in Horizon City.
Additional Defendants
Gonzalo Dominguez-Cuellar, 24, of Sunland Park, N.M., was arrested this morning and will be charged by criminal complaint with participating in the drug trafficking and money laundering conspiracies charged in the indictment.
Ivonne Briseno-Lopez, 26, of El Paso, Texas, was arrested this morning and will be charged by criminal complaint with participating in the money laundering conspiracies charged in the indictment.
Charges in indictments and criminal complaints are only accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
Briseno-Lopez Indictment Lucero Complaint Reyes ComplaintThree Ohio residents indicted for trafficking heroin and cocaineRead the Press Release
WHEELING, WEST VIRGINIA – Two Youngstown men and an East Liverpool woman were indicted by a grand jury sitting in Elkins on April 18, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Daryl “Malik” Walter Hall, age 31, was indicted on one count of “Conspiracy to Distribute Heroin and Cocaine Base,” two counts of “Unlawful Use of Communication Facility,” one count of “Distribution of Heroin within 1,000 Feet of a Protected Location,” and one “Distribution of Cocaine Base within 1,000 Feet of a Protected Location.”
Dennis Lee Artis, age 52, was indicted on one count of “Conspiracy to Distribute Heroin and Cocaine Base,” one count of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location.”
Michelle Green, age 48, was indicted on one count of “Conspiracy to Distribute Heroin and Cocaine Base,” two counts of “Distribution of Heroin within 1,000 Feet of a Protected Location,” and two counts of “Distribution of Cocaine Base within 1,000 Feet of a Protected Location.”
The crimes are alleged to have occurred between August 2016 to April 2017 in Hancock County.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The Hancock/Brooke/Weirton Drug & Violent Crime Task Force, a HIDTA-funded initiative, investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Three Men Plead Guilty to Armed Robberies of Cahokia Convenience StoresRead the Press Release
Leslie Woods, 22, Derek Marshall, 24, and Terrell McGee, 26, have pled guilty in the U.S. District Court to two armed robberies and shootings that occurred in Cahokia, Illinois in 2010, United States Attorney Donald S. Boyce announced today. Woods, Marshall and McGee were charged by a federal grand jury in 2015 with two counts of conspiracy to interfere with commerce by robbery ("Hobbs Act robbery"), two counts of interference with commerce by robbery ("Hobbs Act robbery"), and two counts of use and carry of a firearm during a crime of violence for their involvement in the June 17, 2010 robbery and shooting that occurred at the Best Stop convenience store in Cahokia, Illinois and the July 8, 2010 robbery and shooting that occurred at D&D’s MiniMart, also located in Cahokia, Illinois.
Documents filed in the U.S. District Court establish that on June 17, 2010, Woods, Marshall, McGee and James Smith robbed the Best Stop convenience store partially masked and armed with a rifle and two handguns, one of which was a .40 caliber pistol that had been stolen during a burglary of a St. Louis gun store earlier in June. Woods, acting as the getaway driver, drove Marshall, McGee and Smith to the store in a silver Altima that had been stolen during a carjacking in South St. Louis the day before. Woods waited in the car while Marshall, McGee and Smith went into the store, ordered a customer to the ground, pointed a gun to the owner’s head and
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took over $11,000 from the cash register. As they fled the store, Marshall shot the customer laying on the floor with a .40 caliber pistol and then fired four shots toward a woman sitting in her car parked outside the business. The entire robbery was captured on the store video surveillance.
Five hours after the robbery, the stolen Altima was recovered in St. Louis County. Two fingerprints were recovered from the door of the gas tank, which were determined to be a match to Leslie Woods. Approximately a week and a half later, Marshall was found in possession of a .40 caliber handgun during a traffic stop in Brooklyn, Illinois. Testing by the Illinois State Police forensic lab revealed that the gun recovered from Marshall was a match to the .40 caliber fired cartridges recovered by a crime scene investigator from the shooting at Best Stop.
Three weeks later, on July 8, 2010, Woods, Marshall, McGee, Smith and Reshon Farmer robbed D&D’s Minimart partially masked and armed with two rifles and two handguns. Farmer drove Woods,Marshall,McGee and Smith to the store in a white minivan they had stolen in North St. Louis earlier that day. Farmer waited in the van while Woods, Marshall, McGee and Smith went into the store and pointed their guns at the two employees behind the counter. Woods, Marshall and Smith went behind the counter and demanded the money from the register. While the male clerk was trying to open the register, Woods continually pushed the barrel of the rifle against his back until he grabbed the barrel and turned around. At that time, Woods shot the clerk with the rifle, causing him to fall on top of the female clerk who was lying on the ground. Woods then fired two more shots at the male clerk, resulting in severe injuries to his arm, hand and chest. They took the cash register and a .40 caliber handgun that belonged to the store owner. The entire robbery was captured on the store video surveillance.
Several police officers from North St. Louis who knew Woods, Marshall, Smith and Farmer viewed the video surveillance of D&D’s MiniMart robbery and identified Marshall, Woods and Smith as three of the gunmen. They also identified Farmer as the getaway driver. During an
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interview with law enforcement officers, Smith and Farmer confessed to their involvement in the D&D’s MiniMart robbery and identified Marshall, Woods and McGee as the three other gunmen.
In 2015, McGee was arrested and interviewed about his involvement in the two robberies. McGee admitted that he was one of the three gunmen in the Best Stop robbery. He also admitted that he was one of the four gunmen in the D&D’s MiniMart robbery.
Woods, Marshall and McGee all face a term of up to 20 years in prison on each violation of the Hobbs Act. They also face a minimum term in prison of 10 years up to a maximum of life for the conviction on carry and use of a firearm during a crime of violence for the armed robbery of the Best Stop, which must be served consecutive to, meaning in addition to, any term of imprisonment imposed on the Hobbs Act violations. Additionally, for their conviction for a second offense of carry and use of a firearm during a crime of violence for the armed robbery of D&D’s MiniMart, all three men face a minimum term in prison of 25 years up to a maximum of life, consecutive to the term of imprisonment imposed on the other five counts of conviction. In addition to the term of imprisonment imposed, Woods, Marshall and McGee can be fined up to $250,000 on each count and sentenced to a term of supervised release of up to five years. Smith and Farmer were prosecuted for these offenses by the St. Clair County State’s Attorney’s Office. Smith is awaiting sentencing.
The case was investigated by the Cahokia Police Department, the St. Louis County Police Department, the Illinois State Police, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorneys Ali Summers, Dan Kapsak and James Piper, Jr.
Three Men Charged in Armed Bank RobberyRead the Press Release
JEFFERSON CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that three men were charged in federal court today, in separate but related cases, for the armed robbery of a Columbia, Mo., bank.
Damien Deshun Powell, 24, Quinton Terrance Wilson, 21, and Larome Demetrius Humphrey, 26, are charged with armed bank robbery in separate criminal complaints filed in the U.S. District Court in Jefferson City, Mo.
Today’s complaints allege the defendants stole $2,588 from Callaway Bank, 5600 Bull Run Dr., Columbia, at gunpoint on Thursday, April 27, 2017.
According to an affidavit filed in support of the criminal complaint, Powell and Humphrey entered the bank with pistols at approximately 1:44 p.m., while Wilson waited in the getaway vehicle. Powell and Humphrey allegedly jumped the teller counter, put their pistols to a teller’s head and demanded money. The money was placed in a plastic bag, then they left the bank.
Witnesses saw Powell and Humphrey run from the bank, the affidavit says, and get into a 2007 Chevrolet Impala. Missouri State Highway Patrol troopers spotted the vehicle just east of the bank on I-70 in the area of Kingdom City, Mo. A vehicle pursuit ensued with speeds over 100 m.p.h. Troopers deployed stop sticks, which disabled the Impala, resulting in the vehicle coming to a stop. Powell, Humphrey and Wilson fled on foot but were ultimately apprehended by law enforcement officers.
Officers later learned that there was an infant/toddler in the back seat of the Impala during the bank robbery and vehicle pursuit. According to the affidavit, the infant/toddler is the son of Humphrey’s girlfriend, who owns the car used in the robbery.
At the time of Humphrey’s arrest, a large sum of cash was discovered concealed in his underwear.
Larson cautioned that the charges contained in these complaints are simply accusations, and not evidence of guilt.
These cases are being prosecuted by Assistant U.S. Attorney Jim Lynn. They were investigated by the Columbia, Mo., Police Department, the Missouri State Highway Patrol and the FBI.
Thirty-Seven Defendants Charged in Crackdown on San Diego Gang Members and Methamphetamine DealersRead the Press Release
Assistant U. S. Attorney Matthew Sutton (619) 546-8941, Jarad E. Hodes 546-7432 and Janaki S. Gandhi 546-8817
NEWS RELEASE SUMMARY – April 27, 2017
SAN DIEGO – Thirty-seven documented gang members and associates were charged this week in federal court with methamphetamine distribution and firearms trafficking. The defendants are accused of dealing in substantial quantities of methamphetamine and illegal guns, using Teralta Park in City Heights as their headquarters and operating throughout Mid-City San Diego.
As of today at 1 p.m., 29 of the thirty-seven defendants are either in federal or state custody. Twenty-two were arrested this week; the rest were already in custody. Authorities are continuing to search for eight defendants. During the two-day takedown, investigators executed ten search warrants and seized more than three pounds of methamphetamine, 17 firearms and over $25,000 in narcotics proceeds from the defendants. Many of the defendants are scheduled to be arraigned before U.S. Magistrate Judge Ruben B. Brooks at 2:00 p.m. today and tomorrow.
The yearlong investigation, dubbed “Seeing Blue,” was co-led by the Homeland Security Investigations Gangs & Weapons Group and the San Diego Police Department in partnership with the United States Marshals Service and the Drug Enforcement Administration. It involved months of federal wiretaps, dozens of undercover drug buys and extensive surveillance. Many of the defendants are documented members or associates of violent San Diego street gangs, including the Oriental Mafia Crips, West Coast Crips, Neighborhood Crips and Lincoln Park Piru.
As alleged in the indictments, complaints, and search warrants unsealed today, HSI began the investigation by targeting a prolific methamphetamine distribution network headed by OMC gang member Soulidao Chounlaboudy, aka “Lazy.” Investigators were able to introduce undercover agents to Chounlaboudy in order to purchase ounce quantities of methamphetamine, firearms, and stolen vehicles from him and his co-conspirators. During the course of the investigation of Chounlaboudy, agents also identified Ruben Contreras-Ramirez, a Claremont 13 gang member, as a firearms distributor involved in the manufacture of assault style semi-automatic firearms for illegal distribution.
Investigators subsequently targeted WCC gang member, John Quarles, aka “J-Money,” and his methamphetamine and crack cocaine drug distribution network. According to the charging documents, Quarles’ network was responsible for distributing dozens of pounds of methamphetamine and grossing tens of thousands of dollars in narcotics proceeds. His network utilized an array of distributors and sub-distributors, many of them convicted drug dealers and gang members, to distribute methamphetamine and crack cocaine from Teralta Park.
“Gangs and drugs are infesting many of our neighborhoods and creating a violent culture that is unsafe for residents,” said Acting U.S. Attorney Alana W. Robinson. “With today’s action, we are reclaiming these parks and streets for our families, our children and our communities.”
“ICE Homeland Security Investigations is committed to working jointly with its law enforcement partners to dismantle criminal gang networks that distribute narcotics on the streets and spread violence in our communities,” said Dave Shaw, special agent in charge for HSI San Diego. “As part of this joint investigation, our agents continue to fight against crime to help keep our communities safe.”
“This was a long, complex investigation and I couldn't be prouder of our detectives and all the other law-enforcement partners who have worked tirelessly on this case,” San Diego Police Chief Shelley Zimmerman said. “The bottom line is these arrests make our city and our region a safer place.”
“DEA will continue to support our law enforcement partners in any way possible,” said DEA San Diego Special Agent in Charge William R. Sherman. “Methamphetamine poses a huge threat to the fabric of our communities in San Diego. It is important to rid our neighborhoods of this dangerous drug, the people selling it, and the ancillary crime that follows drug trafficking.”
Acting United States Attorney Robinson also praised the coordinated federal and state team effort in the culmination of this investigation. Agents and officers from the Homeland Security Investigations Gangs & Weapons Group; San Diego Police Department; United States Marshals Service, the Drug Enforcement Administration, the Bureau of Prisons, Immigration and Customs Enforcement, Enforcement and Removal Operations; the Chula Vista Police Department; and the District Attorney’s Office collaborated on this investigation. Attorneys from the Department of Justice, Office of Enforcement Operations, Electronic Surveillance Unit, also provided critical assistance to the investigation.
This case is also the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF) a partnership that brings together the combined expertise and unique abilities of federal, state and local law enforcement agencies. The principal mission of the OCDETF program is to identify, disrupt, dismantle and prosecute high level members of drug trafficking, weapons trafficking and money laundering organizations and enterprises.
Operation Seeing Blue Defendant Information
DEFENDANTS Criminal Case No: 17CR1026-BTM
Name
Age
Hometown
SOULIDAO CHOUNLABOUDY (1),
aka “Lazy”
40
San Diego, CA
SOLIDEUANE CHOUNLABOUDY (2),
aka “Chewy”
39
San Diego, CA
JOHNNY HERRERA (3),
46
Chula Vista, CA
ELIZABETH ASHLEY ANDERSON (4)
28
San Diego, CA
RUBEN CONTRERAS-RAMIREZ (5),
aka “Tijuas”
36
Lemon Grove, CA
ANTHONY ERIC MOATS II (6)
37
San Diego, CA
LARRY MULDROW (7),
aka “Mojo”
40
San Diego, CA
NAOMI JEAN HILL (8)
33
El Cajon, CA
SUMMARY OF CHARGES
Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C., Secs. 841(a)(1) and 846;
Felon in Possession of a Firearm and Ammunition, in in violation of Title 18, U.S.C., Secs. 922(g)(1) and 924(a)(2);
Distribution of Methamphetamine, in violation of Title 21, U.S.C., Sec. 841(a)(1);
Possession of Methamphetamine with Intent to Distribute in violation of Title 21, U.S.C., Sec. 841(a)(1);
Maximum Penalties: For the drug charges: life in prison with a mandatory minimum sentence of 10 years and a 10 million dollar fine. For firearms charges: 10 years’ in prison, and a $250,000 fine.
DEFENDANTS Criminal Case No: 17CR1027-BTM
Name
Age
Hometown
JOHN ALBERT QUARLES JR. (1),
aka “J-Money”
47
San Diego, CA
ANTWAUN FORD (2),
aka “Ant”
27
San Diego, CA
DON VESTER POLLARD JR. (3)
27
San Diego, CA
SUMMARY OF CHARGES
Conspiracy to Distribute Cocaine, in violation of Title 21, U.S.C., Secs. 841(a)(1) and 846;
Maximum Penalties: For drug charges: 20 years in prison and a 1 million dollar fine.
DEFENDANTS Criminal Case No: 17CR1028-BTM
Name
Age
Hometown
JOHN ALBERT QUARLES JR. (1),
aka “J-Money”
47
San Diego, CA
JOSE PEDRO ESTRADA, JR. (2),
aka “Boy”
31
San Diego, CA
TYRONE LORENZO JOHNSON (3),
aka “T-Ro”
47
San Diego, CA
WALTER BROWN (4),
aka “Pee Wee”
57
San Diego, CA
RICKY EVANS (5),
aka “Sweets”
57
San Diego, CA
KIMSAY DENNIS LEAUV (6),
aka “Gangster”
45
San Diego, CA
JARRETT MCGUIRE (7),
aka “Blue Jay”
36
San Diego, CA
PATRICK HEARD (8),
aka “Ace”
46
San Diego, CA
KITSANA XAYPANYA (9),
aka “Kelly”
35
San Diego, CA
MERRELL CEDRIC HEMPSTEAD (10),
aka “Popo”
56
San Diego, CA
EARL WOODS (11),
aka “Meech
42
San Diego, CA
THOMAS ADAMS (12),
52
National City, CA
GLEN RUSSELL (13),
aka “G-Rock
39
San Diego, CA
TIMOTHY JONES (14)
49
San Diego, CA
MICHAEL ELLIOT (15),
aka “Black”
48
San Diego, CA
PAUL JOSEPH JEFFREY (16),
42
San Diego, CA
ANDREW LASTER (17),
52
San Diego, CA
JAMES LANKFORD (18),
aka “Smiley”
47
San Diego, CA
CURTIS CLYDE OLIVER (19)
48
San Diego, CA
KIMBERLY EVETTE CUNNINGHAM (20),
51
San Diego, CA
DARREN DIMITRI KNIGHT (21),
23
San Diego, CA
PHYLICIA RENEE APPLEWHITE (22),
29
El Cajon, CA
RAYMOND BLACKWELL (23),
aka “Black Dog”
44
San Diego, CA
PABLO MAGDALENO VIELMA-RODRIGUEZ (24),
aka “Acapulco”
54
San Diego, CA
BRADLEY SCOTT PITTS (25),
48
El Cajon, CA
SUMMARY OF CHARGES
Conspiracy to Distribute Methamphetamine, in violation of Title 21, U.S.C., Secs. 841(a)(1) and 846;
Felon in Possession of a Firearm and Ammunition, in in violation of Title 18, U.S.C., Secs. 922(g)(1) and 924(a)(2);
Distribution of Methamphetamine, in violation of Title 21, U.S.C., Sec. 841(a)(1);
Possession of Methamphetamine and Cocaine Base with Intent to Distribute in violation of Title 21, U.S.C., Sec. 841(a)(1);
Maximum Penalties: For the drug charges: life in prison with a mandatory minimum sentence of 10 years and a 10 million dollar fine. For firearms charges: 10 years’ in prison, and a $250,000 fine.
DEFENDANTS Criminal Case No: 17MJ1212-RBB
Name
Age
Hometown
DELLA GUADALUPE MERCADO (1),
39
National City, CA
CHRISTINA THOMPSON (2),
40
San Diego, CA
SUMMARY OF CHARGES
Distribution of Methamphetamine, in violation of Title 21, U.S.C., Secs. 841(a)(1);
Maximum Penalties: For drug charges: 20 years in prison and a 1 million dollar fine.
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
South Florida Doctor Convicted of Sixty-Seven Criminal Counts Related to Medicare Fraud SchemeRead the Press Release
Today, a federal jury in South Florida convicted Dr. Salomon Melgen of sixty-seven criminal counts related to his participation in a health care fraud scheme involving the filing of false claims and the inclusion of false entries into patients’ medical charts.
Benjamin Greenberg, Acting United States Attorney for the Southern District of Florida, George L. Piro, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, Shimon Richmond, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), and Patrick Fletcher, Special Agent in Charge, United States Railroad Retirement Board, Office of Inspector General (RRB-OIG), made the announcement.
Dr. Melgen is scheduled to be sentenced on July 14, 2017, before U.S. District Court Judge Kenneth A. Marra, in West Palm Beach, Florida. The defendant faces a maximum sentence of 10 years’ imprisonment for each of the thirty-seven health care fraud counts and 5 years’ imprisonment for each of the thirty false claims and false entry counts of conviction.
Dr. Meglen, an ophthalmologist and retina specialist who had practiced in Palm Beach and St. Lucie Counties with “Vitreo Retinal Consultants” and “The Melgen Retina Eye Center,” engaged in a scheme to defraud the Medicare program and other health care benefit programs, by, among other things, falsely diagnosing Medicare patients with macular degeneration and then performing and billing for medically unnecessary tests and procedures. As a result of these unnecessary practices the defendant received more than $90 million from the Medicare program, alone, during the six year period between January 2008 through December 2013. Melgen’s medical practice was closed following his arrest in April 2015.
“For years, Dr. Melgen knowingly made false diagnoses and submitted fraudulent bills in order to illegally line his pockets with millions of dollars intended for the legitimate diagnosis and treatment of Medicare patients,” stated Acting U.S. Attorney Benjamin G. Greenberg. “Today’s 67 count guilty verdict speaks volumes about the extent of this fraud. Dr. Melgen will now be held accountable for perpetuating a massive fraud scheme that caused millions of dollars in losses. The U.S. Attorney’s Office reminds the community that those who commit fraud, regardless of their professional position in South Florida, will be called to answer for their crimes.”
"Dr. Salomon E. Melgen, guilty on 67 counts of health care fraud, can no longer bilk Medicare out of millions of dollars," said George L. Piro, Special Agent in Charge, FBI Miami. "No matter what the scheme or how elaborately it is disguised, the FBI and our law enforcement partners will investigate and criminally prosecute such fraud to the fullest extent of the law."
“Physicians who exploit Medicare patients through intentional misdiagnosis and medically unnecessary services just to boost their own profits have no place in our health care system,” said Special Agent in Charge Shimon R. Richmond of HHS Office of Inspector General. “Our agents will continue to pursue corrupt health professionals to protect patients and U.S. taxpayers.”
"Corrupt health care providers who defraud Federal health care systems divert precious tax dollars from where they are needed most," stated Special Agent in Charge John F. Khin, Southeast Field Office, DCIS. "The DCIS is committed, in joint investigations with our law enforcement partners, to bring those to justice who undermine the integrity of DoD's TRICARE program intended to serve military members and their families."
“Individuals that commit fraud against U.S. Government programs will continue to be investigated and prosecuted by us and our law enforcement partners,” said Patrick Fletcher, Special Agent in Charge, Office of Inspector General, Office of Investigations, for the U.S. RRB.
Mr. Greenberg commended the investigative efforts of the FBI, HHS-OIG, DCIS and RRB-OIG. This case is being prosecuted by Assistant United States Attorneys Roger H. Stefin, Carolyn Bell, and Alexandra Chase of the West Palm Beach Office.
Related court documents and information may be found on the website of the United States District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Six Ordered to Prison for Laundering Millions for Drug CartelRead the Press Release
McALLEN, Texas – Four local residents and two Mexican nationals have been ordered to federal prison for their respective roles in laundering drug proceeds, announced Acting U.S. Attorney Abe Martinez.
Roosevelt Faz, 49, and Ted Cantu, 48, both of Donna; Sandra Haro, 37, of Edinburg; Maria Elena Bonilla-Torres, 41, of Puente de Camciclan, Nayarit, Mexico; Guillermo Trevino, 44, of Weslaco; and Erwin Rolando Contreras-Mata, 27, of Reynosa, Tamaulipas, Mexico, all pleaded guilty Aug. 31, 2016.
U.S. District Judge Micaela Alvarez ordered Faz to serve a 140-month sentence, while Haro, Trevino and Bonilla-Torres will serve 130, 80 and 72 months in prison, respectively, at a hearing that concluded late yesterday. Judge Alvarez also ordered Faz, Trevino and Haro to pay a money forfeiture of $1,825,000. An additional $1,028,006 was seized during the investigation. The forfeiture order was the result of two days of testimony and evidence presented Oct. 24 and 31, 2016, which established that this group had been working together to launder drug proceeds since 2014 and that they had successfully laundered the additional $1,825,000. Also sentenced yesterday were Contreras-Mata and Cantu who were ordered to serve 46 and 38 months in prison, respectfully.
At the time of his plea, Faz admitted to coordinating the pick-up of drug proceeds in cities such as Atlanta, Georgia, and St. Louis, Missouri, and that he did so for Javier Reyna, another indicted defendant. Cantu and Trevino were truck drivers who admitted to picking up proceeds in Atlanta and St. Louis, respectively, at Faz’s direction. Contreras-Mata picked up drug proceeds from Faz on behalf of Javier Reyna. Bonilla-Torres handled the stash house in McAllen owned by Haro where the drug proceeds were stored prior to being smuggled into to Mexico, while Haro admitted to handling the communications between Reyna and the individual receiving the money in Mexico.
Cantu and Contreras-Mata each agreed to forfeit the money seized directly from them in the course of the investigation as part of their respective plea agreements.
Bonilla-Torres and Contreras-Mata have been and will remain in custody. Faz and Haro were taken into custody following the hearing yesterday, while Trevino and Cantu were permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
Javier Reyna, 44, of Penitas, is considered a fugitive and a warrant remains outstanding for his arrest. Anyone with information about his whereabouts is asked to contact the Drug Enforcement Administration (DEA) in McAllen at 956-992-8400.
The DEA, Texas Department of Public Safety, IRS-Criminal Investigation and Border Patrol conducted the Organized Crime Drug Enforcement Task Force investigation dubbed Operation Emerald Chariots. Assistant U.S. Attorney Juan F. Alanis is prosecuting the case.
Retailer Sentenced to 2.5 Years in Federal Prison for Food Stamp FraudRead the Press Release
Baltimore, Maryland – On April 27, 2017, U.S. District Judge Richard D. Bennett sentenced Shaheen Tasewar Hussain, age 61, of Columbia, Maryland to 30 months in prison, followed by three years of supervised release, for conspiracy to commit food stamp fraud and wire fraud in connection with a scheme to illegally redeem food stamp benefits in exchange for cash. Judge Bennett also ordered Hussain to pay restitution in the amount of $778,183.00.
The sentence was announced by Acting United States Attorney for the District of Maryland Stephen M. Schenning; Special Agent in Charge Bethanne M. Dinkins of the U.S. Department of Agriculture Office of Inspector General, Northeast Region; and Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation.
The Supplemental Nutrition Assistance Program (SNAP), previously known as the Food Stamp Program, is administered by the Food and Nutrition Service (FNS) of the United States Department of Agriculture (USDA), together with state agencies. The program funds low-income individuals to allow them to obtain a more nutritious diet. In Maryland, the program provides eligible individuals with an electronic benefit transfer (EBT) card called the Independence Card, which operates like a debit card. Recipients obtain EBT cards through the state Department of Human Resources, then use the EBT card to purchase approved food items from participating retailers.
Retailers must apply to and be approved by FNS to participate in the program. Authorized retailers use a point-of-sale terminal that checks the EBT card information and deducts the cash value of the purchase from the customer’s SNAP benefit balance. SNAP reimbursements are paid to retailers through electronic funds transfers. Retailers may bill the government only in return for providing approved food items.
Hussain was the owner of Safe #7, Inc. d/b/a Shop & Save (hereinafter sometimes referred to as “the store” or “Shop & Save”), which was a convenience store located at 301 Crain Highway South, Suite D in Glen Burnie, Maryland. Hussain, through the store, participated in the Supplemental Nutrition Assistance Program (“SNAP”), formerly known as the Food Stamp Program.
According to her plea agreement, from July 2011 through August 2016, Hussain redeemed EBT benefits at the Shop & Save in exchange for cash in violation of the food stamp program rules and regulations. Hussain paid individuals presenting SNAP benefits cash in exchange for their benefits and kept up to 50 percent of the benefits for the store. As a result of these unlawful transactions, Hussain obtained more than $778,183 in EBT deposits for food sales that never actually occurred. Hussain knew that exchanging cash for EBT benefits was in violation of the laws, rules and regulations regarding the food stamp program and that she was not entitled to the EBT deposits made by FNS into the bank account for Safe #7, Inc.
In September 2011, months after being permanently disqualified from the SNAP program for violating FNS regulations, Hussain used a straw owner to submit an application to license Shop and Save to participate in the food stamp program. FNS approved the form which had been signed by another individual other than Hussain and licensed Shop & Save as a SNAP retailer. Hussain, however, subsequently operated Shop & Save.
Hussain was observed by law enforcement working the cash register and personally trafficking SNAP benefits in exchange for giving reduced cash payments to EBT cardholders. Between April 2015 through September 2015, agents working in an undercover capacity entered Shop and Save multiple times and asked to sell food stamp benefits in exchange for cash. Hussain was working behind the register each time and agreed to the transactions. For example, on April 14, 2015, Hussain swiped the undercover agent’s SNAP benefit EBT card twice, charging $75.02 for the first transaction and $25.60 on the second transaction just seconds later for a total of $100.62. In exchange, the Defendant gave the undercover agent $60 in cash.
On each of the occasions, Hussain did not sell the undercover agent any eligible food items. Hussain also broke up these transactions into increments of less than $100, because she knew that transactions over $100 for such a small store would likely alert law enforcement that she was trafficking SNAP benefits in exchange for cash.
On August 30, 2015, law enforcement executed a search warrant at Shop & Save. Officers discovered that the vast majority of the food items at the store were expired, covered in dust, spoiled by pests, and not amenable for human consumption.
Acting United States Attorney Stephen M. Schenning praised the USDA Office of Inspector General and FBI for their work in the investigation. Mr. Schenning thanked Assistant United States Attorneys Jason D. Medinger and Kathleen O. Gavin, who prosecuted the case.
Prescription Drug Take Back to be Held Saturday, April 29, 2017Read the Press Release
Montgomery, Alabama - On April 29, 2017 from 10 a.m. to 2 p.m., local law enforcement and the Drug Enforcement Administration (DEA) will give the public its thirteenth opportunity in six years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. The common methods for disposing of unused medicines - flushing them down the toilet or throwing them in the trash - pose potential safety and health hazards. Therefore, citizens are encouraged to bring their prescription drugs to a disposal site in their area. Participants should note that the DEA can only take tablets, pills, patches, or other solid dosage forms. They cannot accept liquids, needles, or “sharps.” The service is free and anonymous and there will be no questions asked. To locate a disposal site near you, go to the link below or call the DEA at 1-800-882-9539.
https://www.deadiversion.usdoj.gov/drug_disposal/takeback
Last October, Alabama citizens turned in 3,545 pounds of prescription drugs at 69 sites around the state that were operated by DEA and its state and local law enforcement partners. There are more than 80 sites around Alabama available for drug turn in this Saturday. Since the first Take Back event in 2010, over 47,000 pounds of prescription drugs have been collected in Alabama. The drugs collected will be destroyed by DEA at EPA-approved incinerators.
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. There were over 52,000 deaths in 2015 due to drug overdoses, or nearly 91 per day.
Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. The abuse of opioid prescription pain medications has exploded nationwide as those drugs are being prescribed more frequently. In fact, the U. S. consumes 80% of the world’s pain medication while only having 5% of the world’s population. Unfortunately, the overwhelming abuse of prescription opioids in the U.S. has resulted in an increase in new heroin users.
“This Take Back day is one way that citizens can help combat the growing threat of prescription drugs,” stated Acting U.S. Attorney Clark Morris. “We ask all of our citizens to use this day to help make their homes a safer place for their family and friends.”
Postal Service Employee Pleads Guilty After Faking Cancer in Order to Work from Home and Claim Hundreds of Hours of Sick LeaveRead the Press Release
DENVER – Caroline Zarate Boyle, age 59, of Highlands Ranch, Colorado, a U.S. Postal Service employee, pled guilty today to presenting a forged writing to the United States with the intent to defraud after fabricating to her employer that she had cancer in order to work from home and claim hundreds of hours of sick leave. The guilty plea occurred before U.S. District Court Judge Raymond P. Moore, Acting U.S. Attorney Bob Troyer and U.S. Postal Service Office of Inspector General Special Agent in Charge (USPS OIG) Scott Pierce announced.
Boyle was first charged by Criminal Complaint on March 3, 2017. She was indicted by a federal grand jury in Denver on March 16, 2017. She pled guilty today, April 28, 2017. Boyle is scheduled to be sentenced by Judge Moore on July 25, 2017 at 9:00 a.m.
According to the Factual Basis for the Change of Plea, Boyle, a U.S. Postal Service employee, decided to take some time off of work after she was not selected for a promotion she had sought. To take the time off she told her supervisor that she was recently diagnosed with non-Hodgkins lymphoma, when in fact she did not have any type of cancer. She then began to take substantial amounts of sick leave.
Boyle continued the ruse until she was interviewed by an agent of the Postal Service’s Office of the Inspector General. It was determined in the approximate 20 months that the defendant’s fraud lasted, she used her non-existent cancer treatment to support both unwarranted sick leave and unwarranted accommodations allowing her to work part-time or work from home five days a week. The defendant intended to continue using the fake illness until her scheduled retirement in April 2017. Despite claiming the cancer treatment had her too sick to work a regular schedule or come into the office, Boyle was planning a post-retirement cruise in Hawaii.
In support of her ruse, Boyle emailed her supervisor notes from two different doctors (at least four notes total), indicating that she was receiving cancer treatment. However, the notes were created by the defendant herself. Investigators learned that she was not a patient of either doctor.
The charge Boyle pled guilty to carries a penalty of up to 10 years in federal prison and up to a $250,000 fine.
This case is being investigated by the U.S. Postal Service’s Office of the Inspector General and is being prosecuted by Special Assistant U.S. Attorney Dan Burrows.
Portsmouth Drug Dealer Convicted at TrialRead the Press Release
NORFOLK, Va. – Benitez Auguarius Moody, 34, of Portsmouth, was convicted today by a federal jury on charges of drug distribution and possession of multiple firearms.
According to court records and evidence presented at trial, Moody distributed crack cocaine, heroin, and fentanyl in Portsmouth from the summer of 2015 through March 2016. Moody was arrested on August 10, 2016, after the Portsmouth Police Department conducted a series of controlled buys of heroin with Moody and executed a search warrant at his residence. During the search, law enforcement recovered 97 grams of crack cocaine, two grams of heroin and fentanyl mixture, four firearms (two special revolvers and two semi-automatic pistols), and $4,000 in cash.
The jury found Moody guilty of possession with intent to distribute cocaine base, heroin, and fentanyl; possession of a firearm in furtherance of drug trafficking; and possession of a firearm by a convicted felon.
Moody faces a mandatory minimum sentence of fifteen years in prison, with a maximum of life in prison, when he is sentenced on Sept. 20, 2017. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; and Tonya D. Chapman, Chief of Portsmouth Police Department, made the announcement after Senior U.S. District Judge Henry Coke Morgan, Jr. accepted the verdict. Assistant U.S. Attorney Sherrie Capotosto is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-124.
Palmer Couple Sentenced for Drug Trafficking ConspiracyRead the Press Release
Anchorage, Alaska – Acting U.S. Attorney Bryan Schroder announced that a Palmer couple, who were engaged in an extensive conspiracy to bring narcotics from the lower 48 and distribute them in the Mat-Su Valley, was sentenced to prison yesterday for drug trafficking.
U.S. District Judge Sharon L. Gleason sentenced Tod James Rodolph, 41, to serve 12 years in prison and Jessica Elizabeth Hopkins, 36, to serve 78 months in prison. It was also ordered that Rodolph pay a $30,000 fine. Rodolph previously pled guilty to one count of conspiracy to distribute, possess with intent to distribute, and one count of possession of firearms in furtherance of drug trafficking crimes. Hopkins previously pled guilty to one count of conspiracy to distribute, possess with intent to distribute.
According to court documents, an investigation was launched by the Drug Enforcement Administration (DEA) and the Alaska State Troopers (AST) on Jan. 10, 2016, when a 17-year-old male, identified as A.F., died of a methamphetamine overdose while consuming narcotics at the home of Rodolph and Hopkins. The investigation revealed that, on Jan. 9, 2016, a group of teenagers and young adults were consuming narcotics in the couple’s garage when A.F. began getting sick and displaying symptoms of an overdose. After being woken up by the teens, Rodolph did not make any efforts to call for medical help nor did he drive A.F. to the hospital due to unwanted police contact. By the time A.F. arrived to the hospital, he was already deceased.
Law enforcement then began investigating Rodolph and Hopkins under suspicion they were distributing narcotics out of their residence. While evidence did not indicate that Rodolph or Hopkins supplied the methamphetamine that ultimately lead to A.F.’s death, Rodolph was eventually found with large amounts of heroin and methamphetamine and admitted to taking numerous flights to Washington state to buy narcotics and bring them back to Alaska. Rodolph admitted that he had taken approximately 20 trips to Seattle and would return with 2-5 ounces of heroin each time. He further admitted to selling the drugs from his residence and that he kept firearms in order to protect himself from being robbed. Hopkins admitted to having full knowledge of the drug trafficking and stated she helped facilitate drug transactions.
Over the course of the conspiracy between January 2015 and March 24, 2016, Rodolph brought in at least 2,080 grams of heroin valued at $624,000.
A search warrant of the residence revealed numerous items of drug paraphernalia, heroin, methamphetamine, scales, and firearms – all which were in plain view and accessible to their 15-year-old daughter.
Acting U.S. Attorney Schroder commended the DEA and AST for the investigation leading to the successful prosecution of this case.
Ohkay Owingeh Man Facing Federal Assault and Firearms Charges Arising Out of Assault on Tribal Police OfficerRead the Press Release
ALBUQUERQUE – Ronald J. Martinez, 43, a member and resident of Ohkay Owingeh Pueblo, N.M., made his initial appearance this morning in federal court in Albuquerque, N.M., on assault and firearms charges. Martinez remains in federal custody pending a preliminary hearing and a detention hearing, both of which are scheduled for May 1, 2017.
Martinez is charged in a criminal complaint with assault with a dangerous weapon and being a felon in possession of a firearm on April 20, 2017, on the Ohkay Owingeh Indian Reservation in Rio Arriba County, N.M. According to the complaint, an Ohkay Owingeh Tribal Police Officer responded to a call at a residence on the Ohkay Owingeh Indian Reservation regarding an alleged fight between and a woman over a firearm. When the officer arrived, allegedly assaulted the Ohkay Owingeh Tribal Police Officer with a stick while the officer was attempting to arrest Martinez.
The complaint alleges that officers recovered a loaded firearm at the scene, leading to the firearms charge against Martinez, who is prohibited from possessing firearms or ammunition because of his prior felony convictions for assault resulting in serious bodily injury and discharging a firearm during and in relation to a violent crime.
If convicted on the charges in the criminal complaint, Martinez faces a maximum penalty of ten years in prison on the assault charge and the firearms charge. Charges in criminal complaints are merely accusations, and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
This case was investigated by Northern Pueblos Agency of the BIA’s Office of Justice Services and the Ohkay Owingeh Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Elisa Dimas.
Nine Indicted for Firearms Trafficking in York County in “Operation Gun Grabber”Read the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that as a result of a joint ATF-York County Drug Task Force operation in York, Pennsylvania, nine individuals engaging in illegal firearms and drug trafficking have been federally indicted separately and detained since March 29, 2017. The final arraignment hearing occurred on April 25, 2017, before Chief United States Magistrate Judge Susan E. Schwab and these cases have now been unsealed. The indicted defendants are:
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Edward Harris, age 58, a resident of Uniontown, Pennsylvania was indicted by a grand jury in Harrisburg, Pennsylvania on March 29, 2017, and charged with possessing:
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an UZI submachine gun with a partially obliterated serial number;
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a magazine with thirty-one (31) Winchester 9mm cartridges;
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fifty (50) PMC 9mm caliber full metal jacket ammunition;
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forty-four (44) .38 caliber ammunition and
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thirty-two (32) Winchester 9mm cartridges.
Chief Magistrate Judge Susan E. Schwab arraigned Harris on April 4, 2017, and determined he should be detained pending trial. The Honorable John E. Jones, III will preside over Harris’ case, and he has scheduled jury selection and trial for June 5, 2017.
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Ernest Crosby, age 25, a resident of Manchester, Pennsylvania was indicted by a grand jury in Harrisburg, Pennsylvania on March 29, 2017, and charged with possessing:
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a .357 magnum Revolver, loaded with six .357 magnum Winchester caliber cartridges.
Chief Magistrate Judge Susan E. Schwab arraigned Crosby on April 4, 2017, and determined he should be detained pending trial. The Honorable John E. Jones, III will preside over Crosby’s case, and he has scheduled jury selection and trial for June 2, 2017.
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Jeremiah Ashford age 25, a resident of York, Pennsylvania was indicted by a grand jury in Harrisburg, Pennsylvania on March 29, 2017, and charged with possessing:
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a .22 caliber Ruger Revolver, and four .22 caliber cartridges.
Chief Magistrate Judge Susan E. Schwab arraigned Ashford on April 4, 2017, and determined he should be detained pending trial. Chief Judge Conner will preside over Ashford’s case, and he has scheduled jury selection and trial for June 5, 2017.
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Lykeem Bethune, age 20, a resident of York, Pennsylvania was indicted by a grand jury in Harrisburg, Pennsylvania on March 29, 2017, and on April 19, 2017 and charged with the sale and possession of:
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a stolen Intratec 9mm pistol with twenty-two 9mm caliber cartridges loaded in the magazine and
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a stolen Springfield Armory .40 caliber pistol with nine .40 caliber Winchester Full Metal Jacket cartridges loaded in the magazine.
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Chief Magistrate Judge Susan E. Schwab arraigned Bethune on April 4, 2017 and then on April 25, 2017, and determined that Bethune should be detained pending trial. Judge Jones will preside over Bethune’s cases, and he has scheduled jury selection and trial for June 5, 2017.
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Derek Jones, age 23, a resident of York, Pennsylvania was indicted by a grand jury in Harrisburg, Pennsylvania on March 29, 2017, and charged with possessing:
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a stolen Intratec 9mm pistol and twenty-two 9mm caliber cartridges loaded in the magazine.
Chief Magistrate Judge Susan E. Schwab arraigned Jones on April 4, 2017, and determined that Jones should be detained pending trial. Judge Jones will preside over Derek Jones’ cases, and he has scheduled jury selection and trial for June 5, 2017.
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Edward Lee McDowell, III, age 20, a resident of York, Pennsylvania was indicted by a grand jury in Harrisburg on March 29, 2017, and charged with possessing:
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a Springfield Armory .40 caliber pistol and nine .40 caliber Winchester Full Metal Jacket cartridges loaded in the magazine; and
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a Ruger .22 caliber semi-automatic pistol with an integrated suppressor, and a 9mm Hi-Point rifle with five 9mm cartridges.
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McDowell also faces felony heroin trafficking violations.
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Chief Magistrate Judge Susan E. Schwab arraigned McDowell on April 4, 2017, and determined he should be detained pending trial. The Honorable Yvette Kane will preside over McDowell’s case, and she has scheduled jury selection and trial for June 5, 2017.
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Quran Smallwood, age 22, a resident of York, Pennsylvania was indicted by a grand jury in Harrisburg on March 29, 2017, and charged with possessing:
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a 9mm Glock loaded with twenty 9mm caliber cartridges.
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Smallwood also faces felony heroin, crack cocaine and marijuana trafficking violations.
Chief Magistrate Judge Susan E. Schwab arraigned McDowell on April 4, 2017, and determined he should be detained pending trial. The Honorable Yvette Kane will preside over McDowell’s case, and she has scheduled jury selection and trial for June 5, 2017.
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Fred Crowder, III, age 32, a resident of York, Pennsylvania was indicted by a grand jury in Harrisburg on March 29, 2017, and charged with possessing:
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a .12 gauge Mossberg shotgun and two 12 gauge Remington Peters shotgun shells.
Chief Magistrate Judge Susan E. Schwab arraigned Crowder on April 18, 2017, and determined he should be detained pending trial. Chief Judge Christopher C. Conner will preside over Crowder’s case, and he has scheduled jury selection and trial for June 5, 2017.
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Kenge Lewis, III, age 23, a resident of York, Pennsylvania was indicted by a grand jury in Harrisburg on March 29, 2017, and charged with possessing:
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a .22 caliber I.J.A. & C.WKS revolver and eight Winchester .22 caliber Super X cartridges.
Chief Magistrate Judge Susan E. Schwab arraigned Lewis on April 18, 2017, and determined he should be detained pending trial. The Honorable Sylvia H. Rambo will preside over Lewis’ case, and she has scheduled jury selection and trial for June 5, 2017.
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U.S. Attorney Bruce D. Brandler stated, “President Trump and Attorney General Sessions have both made clear that reducing violent crime in our inner cities is a high priority for the U.S. Department of Justice. The illegal sale and use of firearms by criminals, particularly in drug transactions, fuels violent crimes and this effort taking guns out of the hands of criminals is part of our effort to reduce violent crimes in York.”
The guns seized in this case ranged from semiautomatic pistols to machine guns and assault-style rifles. Many of the firearms had high-capacity magazines, lasers and one was equipped with a silencer. A number of these firearms were stolen, straw-purchased or had obliterated serial numbers.
“This indictment is a result of the collaborative efforts between ATF and the York County Drug Task Force,” said ATF Special Agent in Charge Sam Rabadi. “ATF is dedicated to investigating and pursuing violent criminals who pollute our communities with drugs and gun violence.”
“Unfortunately, we know all too well the devastation which often occurs due to the illegal trafficking of firearms,” said Chief Deputy Assistant District Attorney Dave Sunday. “Thanks to the collaborative efforts of the York County Drug Task Force, United States Attorney’s Office, and ATF, we have not only removed eleven firearms off the streets of York but have taken nine individuals off those same streets who desire to illegally traffic firearms in our neighborhoods which place our citizens and law enforcement officers in potentially deadly situations. Our community is safer today because of these efforts and I applaud all involved.”
These cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the York County Drug Task Force, the York City Police Department, York County Adult Probation Department and the York County District Attorney’s Office. Assistant United States Attorney Meredith A. Taylor is prosecuting the cases.
These cases were brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law varies depending on the offense, and includes a term of supervised release following imprisonment and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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New York-Winooski Man Charged with Five Counts of Sex TraffickingRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that yesterday, April 27, 2017, a federal grand jury returned a superseding indictment charging Brian Folks, 42, of New York City and Winooski, Vermont, with four counts of Sex Trafficking by Force, Fraud, and Coercion, and one count of Sex Trafficking of a Minor.
Folks and two co-defendants were indicted federally on July 14, 2016, on charges of Conspiracy to Distribute 28 Grams or More of Cocaine Base and 100 Grams or More of Heroin and related crimes in Vermont. Yesterday, a federal grand jury in Burlington returned a superseding indictment, adding the new charges related to human trafficking. Specifically, Folks is accused of trafficking four individuals referred to in the indictment as “Victim A,” “Victim B,” “Victim C,” and “Victim D,” and using force, threats of force, fraud, and coercion to cause the victims to engage in commercial sex acts between June 2012 and February 2016. Folks is further accused of trafficking “Minor Victim E” for commercial sex in May 2013. Neither of Folks’ co-defendants named in the initial indictment is charged with human trafficking.
According to an affidavit in support of a search warrant application submitted on January 24, 2017 and unsealed today, law enforcement received information that Folks was sex trafficking multiple women – at least one as young as seventeen or eighteen – out of local motels, residences, and other locations. Folks preyed upon the drug addictions of his victims, withholding drugs from them until they were in withdrawal so severe that they complied with his demands that they perform commercial sex acts for his profit.
According to the affidavit, Folks typically photographed the women in sexually suggestive poses and various states of undress and posted them on “Backpage,” an Internet forum known for so-called adult and escort services, for purposes of selling the women for sex. According to the affidavit, Folks also blackmailed the women he coerced into sex trafficking by threatening to post to the Internet humiliating sexual photographs that revealed their identities. According to the same affidavit, law enforcement discovered a homemade video on Folks’ Facebook account that showed Folks narrating a disparaging and demeaning story about a woman who allegedly stole narcotics from him, interspersed with still photographs of her in sexual poses. Law enforcement also discovered an apparently homemade video advertising commercial sex posted to YouTube under the name “Moet Hart,” an alias for Folks. Finally, one victim referred to in the affidavit reported the use of physical violence and rape in order to secure her ongoing submission and his control.
If convicted, Folks faces a mandatory minimum of fifteen years of imprisonment and up to a maximum of life imprisonment for Sex Trafficking by Force, Fraud, and Coercion. Folks also faces a mandatory minimum of ten years of imprisonment and up to a maximum of life imprisonment for Sex Trafficking of a Minor, and a mandatory minimum of five years and up to a maximum of forty years of imprisonment on the original drug conspiracy charge. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines.
The United States Attorney emphasizes that the charges in the superseding indictment are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty.
Acting United States Attorney Eugenia A.P. Cowles commended the investigative efforts of the Drug Enforcement Administration; the Federal Bureau of Investigation; and the Burlington, South Burlington, and Essex Police Departments.
Cowles also stated, “Commercial sex trafficking is a rapidly rising problem in Vermont, a direct offshoot of the continuing opiate crisis, and an increasingly lucrative criminal enterprise. The United States Attorney’s Office is committed to working with our law enforcement partners to prosecute individuals who prey upon the most vulnerable among us to exploit addiction for financial gain. As part of that effort, we continue to support the education and outreach efforts of Vermont’s Human Trafficking Task Force to assist individuals who have been coerced into commercial sex.”
In Vermont, victims of commercial sex trafficking can find immediate help by dialing 2-1-1.
The United States is represented in this matter by Assistant U.S. Attorneys Abigail Averbach, Timothy Doherty, Jr., and Wendy Fuller. Brian Folks is represented by William E. Kraham, Esq.
New York Tax Return Preparer Sentenced to Prison for Filing False Tax ReturnsRead the Press Release
A Queens, New York tax return preparer was sentenced to serve 24 months in prison today for filing false tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
Williesteina Jacobs was convicted in July 2016 by a federal jury in the U.S. District Court for the Eastern District of New York. According to documents filed with the court and evidence presented at trial, Jacobs operated International Professional Business Services, a tax preparation business located in South Richmond Hill, New York, and Jamaica, New York. From 2007 through 2010, Jacobs filed false individual income tax returns with the Internal Revenue Service (IRS) on behalf of her clients and claimed refunds to which they were not entitled. These tax returns claimed false business losses and reported grossly inflated or fictitious deductions for, among other things, charitable donations.
In addition to the term of prison imposed, Jacobs was also ordered to serve one year of supervised release and to pay restitution to the IRS in the amount of $31,188.
Acting Deputy Assistant Attorney General Goldberg commended agents of IRS–Criminal Investigation, who conducted the investigation, and Tax Division Trial Attorneys Yael T. Epstein and Andrew J. Kameros, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
New York Man Sentenced to 29 Years’ Imprisonment for Distribution of Heroin Resulting in DeathRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dameon Lattimore, age 40, of New York, was sentenced to 29 years’ imprisonment by U.S. District Court Judge John E. Jones, III, for distributing heroin and crack cocaine that led to the death of a York City man.
According to United States Attorney Bruce D. Brandler, Lattimore was charged by a grand jury in Harrisburg in December 2015, with codefendants Yushonda Durant, age 41, of New York, and Frederick Gladfelter, age 47, of York.
Gladfelter pleaded guilty in December 2016, to allowing his home to be used as a site for the distribution of heroin and crack cocaine. He is awaiting sentencing. Durant remains a fugitive.
The investigation was conducted by the Drug Enforcement Administration, the York City Police Department and the York County District Attorney’s Office. Assistant U.S. Attorney William A. Behe prosecuted the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the heroin initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
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National Prescription Drug Take Back Day TomorrowRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, NY – The Drug Enforcement Administration holds its 13th National Prescription Drug Take Back Day tomorrow, Saturday April 29, 2017 between 10 a.m. and 2 p.m. The public can dispose of their unused, unwanted prescription medications at one of more than 5,000 collection sites nationwide, operated by 3,800 local law enforcement agencies and other community partners. The service is free of charge, no questions asked.
America is experiencing an epidemic of addiction, overdose, and death due to abuse of prescription drugs, particularly opioid painkillers. 6.4 million Americans age 12 and over—2.4 percent of the population—abuse prescription drugs, according to the 2015 National Survey on Drug Use and Health released last fall, more than abuse cocaine, heroin, hallucinogens, and methamphetamine combined. Drug overdoses are now the leading cause of injury-related death in the United States, eclipsing deaths from motor vehicle crashes or firearms. The majority of prescription drug abusers report that they obtain their drugs from friends and family, including from the home medicine cabinet.
Last October, Americans turned in 366 tons (over 730,000 pounds) of prescription drugs at sites operated by the DEA and more than 4,000 of its state and local law enforcement partners. Overall, in its 12 previous Take Back events, the DEA and its partners have taken in over 7.1 million pounds—more than 3,500 tons—of pills.
Only pills and other solids, like patches, can be brought to the collection sites—liquids and needles or other sharps will not be accepted. For a list of local drop off sites, go to DEA.gov.Nambe Pueblo Man Sentenced for Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Anthony Nieto, 29, an enrolled member of Nambe Pueblo who resides in Zuni, N.M., was sentenced today in federal court in Albuquerque, N.M., to 18 months in prison followed by three years of supervised release for his conviction on an assault charge.
Nieto was arrested on June 21, 2016, on an indictment charging him with assaulting his intimate partner and causing her to suffer serious bodily injury. According to the indictment, Nieto committed the crime on Aug. 16, 2015, in Nambe Pueblo in Santa Fe County, N.M.
On Nov. 16, 2016, Nieto pled guilty to the indictment and admitted assaulting the victim on Aug. 16, 2015, by striking and kicking her, and causing her to suffer serious bodily injury. More specifically, Nieto admitted that the victim sustained bruising on her face, arms and lower extremities as a result of the assault.
This case was investigated by the FBI office in Santa Fe and the Northern Pueblos Agency of the BIA’s Office of Justice Services and was prosecuted by Assistant U.S. Attorney Kyle T. Nayback.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Mexican National Sentenced to 135 Months in Federal Prison for Coordinating over 20 Kilograms of Methamphetamine in Drug ConspiracyRead the Press Release
Ernesto Vizcarra-Aguilar, 58, a Mexican national, was sentenced today by United States Chief District Judge Michael J. Reagan to 135 months in federal prison for one count of conspiring to distribute and possess with the intent to distribute methamphetamine, Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today. In addition to the term of imprisonment, Vizcarra-Aguilar will be subject to five years of supervised release to follow the imprisonment, a $300 fine, and a $100 special assessment fee.
Facts revealed in open court at the sentencing revealed that Vizcarra coordinated the distribution of over 20 kilograms of methamphetamine to California, Colorado, Nevada, and Kansas from either October or November 2014 through March 2015. Vizcarra also provided cash to a courier on two occasions to cover travel expenses. At sentencing, Chief Judge Reagan commented that the offense involved a "staggering" amount of methamphetamine: anywhere from over 41,000 to over 207,000 individual doses depending on the dosage weight. Chief Judge Reagan indicated that the sentence punishes Vizcarra, reflects the seriousness of the offense, promotes respect for the law and deters others from committing similar crimes.
Evidence in support of this prosecution was obtained in an investigation conducted under the auspices of the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF
initiative is designed to bring federal, state, and local law enforcement agencies and resources together to identify, target and dismantle large national and international drug trafficking organizations. Agencies participating in this case include the Drug Enforcement Administration, the Internal Revenue Service, Criminal Investigations, the Illinois State Police, and Fontana, California Police Department. Assistant United States Attorney Monica A. Stump prosecuted this case.
Mexican Man Indicted on Illegal Reentry and Firearm ChargesRead the Press Release
BIRMINGHAM – A federal grand jury today indicted a Mexican man for being in the country illegally and illegally possessing a firearm, announced Acting U.S. Attorney Robert O. Posey and U.S. Immigration and Customs Enforcement Special Agent in Charge Ray Parmer.
A two-count indictment filed in U.S. District Court charges MARIO PEREZ-VELASQUEZ, 41, also known as Julian Perez-Bravo, Mario Perez-Velazquez and Julian Perez-Brabo, with one count of possessing a firearm and being prohibited to do so because he was in the United States illegally. The indictment also charges Perez-Velasquez with illegally re-entering the United States after previously being deported.
According to the indictment, Perez-Velasquez possessed an EIG derringer .22-caliber pistol on Jan. 25, 2015, in Talladega County. On April 10 this year, Perez-Velasquez was found to be voluntarily in the U.S. after having been removed to Mexico in March 2004, January 2006 and May 2012.
The grand jury also indicted two other Mexican nationals for being in the U.S. illegally after previously being deported. In separate indictments, the grand jury charged JESUS GOMEZ-GONZALEZ, 35, also known as Jesus Gomez and Jesus Gomez Olvera, and MIGUEL ANGEL GONZALEZ-JIMENEZ, also known as Miguel Angel Gonzalez.
According to the indictments, Gonzalez-Jimenez was found in St. Clair County on March 23 after having been removed from the U.S. in July 2014, and Gomez-Gonzalez was found in Morgan County on April 7 after being removed from the country in November 2004.
None of the defendants obtained consent from the U.S. attorney general or the secretary of homeland security to re-apply for admission into the United States, according to the charges.
The maximum penalty for illegal re-entry after deportation is two years in prison and a $250,000 fine. The maximum sentence for possession of a firearm by a prohibited person is 10 years in prison and a $250,000 fine.
The Department of Homeland Security investigated the cases, which the U.S. Attorney’s Office for the Northern District of Alabama is prosecuting.
An indictment contains only charges. A defendant is presumed innocent unless and until proven guilty.
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Member of Trenton Drug Trafficking Organization Pleads GuiltyRead the Press Release
TRENTON, N.J. – A Trenton, New Jersey, man today admitted his role in a drug trafficking organization that allegedly distributed hundreds of grams of heroin in Trenton and the surrounding area, Acting U.S. Attorney William E. Fitzpatrick announced.
Bernadino Guervil, a/k/a “BG,” 29, pleaded guilty today before U.S. District Judge Freda L. Wolfson in Trenton federal court to an information charging him with conspiracy to distribute and possess with intent to distribute heroin.
In December 2016, Guervil and nine other members of a drug trafficking organization operating in Trenton were charged by criminal complaint with conspiracy to distribute heroin. The complaint referred to the drug trafficking organization as the “Abdullah DTO,” after its leader, Ishmael Abdullah. Guervil is the fourth defendant to plead guilty.
According to documents filed in this case and statements made in court:
From June 2015 through December 2016, Guervil and others participated in a drug trafficking organization that operated in the area of Spring and Passaic Streets in Trenton.
Through the authorized interception of telephone calls and text messages, controlled purchases of heroin, the use of confidential sources of information, and other investigative means, law enforcement learned that Ishmael Abdullah was a leader of the Abdullah DTO, and was responsible for obtaining significant quantities of heroin from multiple suppliers, including Jose Joaquin Torres-Mezquita and Ileana Sanchez. Ishmael Abdullah and Keith Hunter coordinated the organization’s distribution of heroin through themselves and other conspirators, including Guervil. Members of the Abdullah DTO used temporary prepaid phones, stash houses and cars, and spoke in code to avoid detection by law enforcement.
The conspiracy charge to which Guervil pleaded guilty carries a maximum potential penalty of 20 years in prison and a $1 million fine. Sentencing is scheduled for July 27, 2017.
Acting U.S. Attorney Fitzpatrick credited agents and officers with the Greater Trenton Safe Streets Task Force, including special agents of the FBI, Newark Division, Trenton Resident Agency, under the direction of Special Agent in Charge Timothy Gallagher; special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Newark Division, Trenton Field Office, under the direction of Acting Special Agent in Charge Scott C. Curley; officers of the Trenton Police Department, under the direction of Director Ernest Parrey Jr.; officers of the Princeton Police Department, under the direction of Chief of Police Nicholas Sutter; officers of the Ewing Police Department, under the direction of Chief of Police John P. Stemler III; and detectives of the Mercer County Prosecutor’s Office, under the direction of Mercer County Prosecutor Angelo J. Onofri, with the investigation.
He also thanked special agents of the FBI’s Philadelphia Field Office, under the direction of Special Agent in Charge Michael Harpster; special agents of Homeland Security Investigations, under the direction of Acting Special Agent in Charge Brian A. Michael; officers of the New Jersey State Police, under the direction of Superintendent Col. Joseph R. Fuentes; and officers of the Mercer County Sheriff’s Office, under the direction of Sheriff John A. Kemler, for their assistance in the case.
The government is represented by Assistant U.S. Attorney J. Brendan Day of the U.S. Attorney’s Office’s Criminal Division in Trenton.
The charges and allegations against the remaining defendants are merely accusations, and those defendants are presumed innocent unless and until proven guilty.
Defense counsel: Anthony G. Simonetti Esq., Hightstown, New Jersey
Man Who Defrauded Dozens of Distressed Connecticut Homeowners Sentenced to 9 Years in Federal PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that TIMOTHY W. BURKE, also known as “Bill Burke,” “William Burke,” “Kerry Saunders,” “Pat Riley,” “Jim Caldwell,” “Jim Saunders,” “Tom Morrisey,” “Jimmy,” “Phil Burke,” “Phil,” “Burt,” “James Burke,” and “M. Soler,” 65, formerly of Easton, was sentenced today by U.S. District Judge Michael P. Shea in Hartford to 108 months of imprisonment, followed by three years of supervised release, for defrauding distressed homeowners, and tax evasion.
According to court documents and statements made in court, between approximately 2010 and November 2015, BURKE engaged in a scheme to defraud individuals, mortgage lenders and the U.S. Department of Housing and Urban Development (HUD) by falsely representing to homeowners who were in, or facing, foreclosure on their homes that he would purchase their homes and pay off their mortgages. The distressed homeowners agreed to sign various documents, including quitclaim deeds, indemnification agreements, management agreements and third party authorization letters, which BURKE presented to them on the understanding that, by signing the documents, they would be able to walk away from their homes without the burdens of their mortgage or other costs associated with home ownership. BURKE also told homeowners that the process of negotiating with the lenders can take time and that, in the meantime, to ignore any notices regarding foreclosure. After he gained control of these houses, BURKE rented out the properties to tenants by advertising the properties on craigslist.com and other means and falsely representing to tenants that BURKE owned the property.
BURKE or one of his agents then collected rent from tenants, in person, and BURKE used the funds for his own benefit. BURKE failed to negotiate with the homeowners’ mortgage lender or pay expenses associated with the home, including the homeowner’s mortgages and property taxes, and he failed to pay any rental income he was collecting to the homeowners. Many of the properties BURKE purportedly purchased were ultimately foreclosed upon by the mortgage lender.
BURKE undertook extensive efforts to disguise his true identity, and hide his criminal past, from his victims through the use of multiple aliases and business entities, and to conceal the sources of and expenditures from his criminal proceeds. BURKE has been associated with multiple entities, including Quality Asset Management Services, LLC; Birmingham Investments, LLC; the Birmingham Group of Companies; Saunders Associates; New Haven Investments; Realty Partners Group; Preston Associates II; Landlord Maintenance Services, LLC; Turnkey Construction Services LLC; The Complete Handyman, LLC; and Woodbridge Associates.
Dozens of distressed homeowners, property renters and mortgage lenders were victimized during this scheme. Judge Shea will determine the amount that BURKE will be ordered to pay in restitution after further court proceedings.
In addition, between 1994 and 2012, BURKE evaded paying approximately $403,726 in federal taxes. He now owes the Internal Revenue Service more than $1 million in back taxes, interest and penalties.
BURKE has been detained since his arrest on November 19, 2015. On January 24, 2017, he pleaded guilty to one count of mail fraud and one count of tax evasion.
In 2002, BURKE was indicted by a federal grand jury in New Jersey on charges of conspiracy, mail fraud, and equity skimming. BURKE subsequently pleaded guilty to conspiracy to commit both equity skimming and mail fraud, and he was sentenced to 60 months in prison, followed by three years of supervised release. BURKE was released from federal custody in approximately August 2007 and began his federal supervised release at that time. One of the special conditions of BURKE’s supervised release was that he refrain from employment in the real estate business or mortgage industry. Based on his motion for early termination of his supervised release, the New Jersey federal court terminated his supervised release approximately one year early in August 2009.
Bradford Barneys, a Bridgeport-based attorney who assisted BURKE in this scheme, previously pleaded guilty to one count of conspiracy to commit mail and wire fraud. In pleading guilty, Barneys admitted that participated in numerous meetings with BURKE and homeowners during which BURKE represented to homeowners that he would purchase their properties. Barneys represented that these were legitimate transactions even though he knew that BURKE had no intention of buying the properties and paying the outstanding mortgages on the properties, and that BURKE was renting the properties to tenants. Barneys also represented BURKE and his companies in eviction proceedings against tenants.
Barneys awaits sentencing.
This matter has been investigated by Internal Revenue Service – Criminal Investigation Division, the U.S. Department of Housing and Urban Development – Office of Inspector General, and U.S. Postal Inspection Service, with the critical assistance of the Middletown, Plainville, Easton and Coventry Police Departments, the Connecticut State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is being prosecuted by Assistant U.S. Attorneys David T. Huang and Sarah P. Karwan.
MEDIA ADVISORY-- Federal and State Law Enforcement Officials to Hold Press Conference to Announce Results of Significant DEA-Led, Multi-Agency Law Enforcement InvestigationRead the Press Release
ALBUQUERQUE – Acting U.S. Attorney James D. Tierney and Special Agent in Charge Will R. Glaspy of the El Paso Division of the DEA, will hold a press conference at 2:00 p.m., FRIDAY, APRIL 28, 2017, to announce the results of a DEA-led, multi-agency law enforcement investigation that culminated today with a major arrest operation. They will be joined by representatives of the law enforcement agencies that participated in the investigation and today’s operation.
WHO:
Acting U.S. Attorney James D. Tierney
Special Agent in Charge Will R. Glaspy, DEA, El Paso Division
Acting Deputy Chief Patrol Agent Jason E. Schneider, U.S. Border Patrol
Assistant Special Agent in Charge Jeffery Mayfield, Homeland Security Investigations
New Mexico State Police Captain Troy Weesler
Dona Ana County Sheriff Enrique Vigil
Chief Jaime Montoya, Las Cruces Police Department
Chief Javier Guerra, Sunland Park Police Department
WHEN:
FRIDAY, APRIL 28, 2017, 2:00 P.M.
WHERE:
DEA Las Cruces Resident Office
2290 East Griggs Avenue
Las Cruces, NM 88001
OPEN PRESS
NOTE: All media must present government-issued photo I.D. (i.e., driver’s license) and valid media credentials. Media may begin to arrive at 1:30 p.m. Inquiries regarding logistics should be directed to Alyssa Ferda at 505-224-1480 or [email protected].
Local Resident Gets Significant Sentence for Meth TraffickingRead the Press Release
HOUSTON – A 37-year-old Mexican national who resided in Huntsville has been ordered to federal prison for more than 17 years following his conviction of possessing with the intent to distribute methamphetamine, announced Acting U.S. Attorney Abe Martinez. Rando Saavedra-Ramirez pleaded guilty Sept. 12, 2016.
Today, U.S. District Judge Melinda Harmon sentenced Saavedra-Ramirez to 210 months in federal prison. Not a U.S. citizen, he is expected to face deportation proceedings following his release.
Law enforcement discovered Saavedra-Ramirez would be delivering several kilograms of methamphetamine on July 14, 2015. They set up surveillance at his home and followed him as he drove away in a 2005 BMW. He arrived at a storage unit and picked up a package.
Authorities conducted a traffic stop, but Saavedra-Ramirez restarted his car and fled the scene. A high speed chase ensued with Saavedra-Ramirez travelling at speeds in excess of 150 miles per hour. He then began swerving in and out of different lanes and exited the highway.
Determining it was not safe to follow him, law enforcement continued surveillance via helicopter as Saavedra-Ramirez exited the highway, stopped at shopping plaza, took the package out and placed it on the bed of a nearby truck. He then tried to enter into a nearby business.
He was arrested before he could flee. Authorities soon discovered 2.79 kilograms of methamphetamine in the package.
Saavedra-Ramirez has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The Montgomery County Sheriff’s Office and the Drug Enforcement Administration conducted the joint investigation. Assistant U.S. Attorney Sharad S. Khandelwal is prosecuting the case.
Livingston Man Sentenced to 25 Years Imprisonment for Distribution of Child PornographyRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced today that U.S. District Court Judge John W. DeGravelles sentenced ANTHONY T. KURTZ, age 42, of Livingston, Louisiana, to 300 months in federal prison as a result of his conviction for distribution of child pornography. The Court further sentenced KURTZ to ten years of supervised release following his term of imprisonment, and to pay restitution to his victims in the amount of $19,500.
On February 18, 2016, KURTZ pled guilty to one count of distribution of child pornography, in violation of Title 18, United States Code, Section 2252A(a)(2)(A). At yesterday’s sentencing, the Court noted that KURTZ had previously been convicted of sexual assault and indecent assault in another state and therefore determined that a statutory sentencing enhancement applied in this case. The Court also ordered the defendant to pay restitution to the victims identified as among the children portrayed in the child pornography in KURTZ’s possession.
Acting United States Attorney Corey Amundson stated, “Childhood is a period of dependence and vulnerability. Those who exploit the helplessness of young children by distributing images of them being sexually abused reveal the depths of human depravity. The defendant was already a convicted felon and child sex offender when he began distributing these images. He earned every bit of the severe sentence he received yesterday. Protecting children is among the most solemn of a society’s responsibilities, and it remains a top priority of this office.”
ICE-HSI Special Agent-in-Charge Raymond R. Parmer, Jr. stated, “Child pornography is one of the most heinous crimes HSI investigates due to the irrevocable harm it inflicts physically and emotionally upon innocent children. This crime is an outrage in all cases; however, in this instance especially, the depravity of these illegal images was so extreme that the public should breathe a sigh of relief that this subject is now safely behind bars due to the incredible partnership between HSI and our federal, state and local law enforcement partners across Louisiana.”
This matter is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana, the U.S. Department of Homeland Security, Homeland Security Investigations, the Louisiana Attorney General’s Office – Cyber Crime Unit, and the Livingston Parish Sheriff’s Office.
This matter is being prosecuted by Assistant U.S. Attorney Ryan R. Crosswell.
Kisano Opisbo aka Enrickson Fredrick SentencedRead the Press Release
Today, SHAWN N. ANDERSON, Acting United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant KISANO OPISBO aka ENRICKSON FREDRICK, age 43, a citizen of the Federated States of Micronesia (FSM), was sentenced on April 27, 2017, in District Court, to five months and 18 days imprisonment. The Court also ordered a three-year term of supervised release following OPISBO’S release, in addition to the payment of a mandatory $100 assessment fee.
On December 13, 2016, OPISBO was charged by Indictment with Illegal Reentry of Removed Alien, in violation of 8 U.S.C. § 1326(a) and (b)(2). On January 27, 2017, OPISBO entered a guilty plea to the charge. OPISBO was previously deported to the FSM in December 2002. His deportation followed a conviction on Guam for Burglary, Fourth Degree Criminal Sexual Conduct, and Indecent Exposure. OPISBO had no permission to return to the United States. He later changed his name and obtained a new passport, which enabled his travel to Hawaii and then South Carolina. On November 11, 2016, while traveling to Pohnpei via Guam, federal immigration authorities arrested OPISBO after determining his true identity through biometric data.
Acting United States Attorney Anderson stated, “The enforcement of federal immigration laws is a high priority for the Department of Justice. Our office will continue to hold criminal aliens accountable for unlawfully entering the United States.”
The investigation was conducted by the U.S. Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by Rosetta San Nicolas, Assistant United States Attorney for the District of Guam.
KC Man Charged with Illegal Firearm after Jimmy John's RobberyRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a Kansas City, Mo., man was charged in federal court today with illegally possessing a firearm following the armed robbery of a Jimmy John’s restaurant in Kansas City.
Terry K. Rayford, 54, of Kansas City, was charged with being a felon in possession of a firearm in a criminal complaint filed in the U.S. District Court in Kansas City, Mo.
Today’s criminal complaint alleges that Rayford was in possession of a Witness-P .45-caliber semi-automatic handgun and a Jimenez 9mm semi-automatic handgun on Thursday, April 27, 2017.
According to an affidavit filed in support of the complaint, the firearms were found in Rayford’s vehicle after he was stopped by Independence, Mo., police officers at approximately 7:30 p.m. Officers received information about a person matching the description of the suspect in an armed robbery at a Jimmy John’s restaurant the day before. A retired major with the Kansas City, Mo., Police Department had seen video of the robbery broadcast on the news and saw Rayford – who appeared to be the robbery suspect – driving in the area of 40 Highway and Crysler in Independence.
Independence police officers responded to the area and stopped Rayford’s vehicle. When they ordered him to get out of his vehicle, officers found the Witness-P .45-caliber semi-automatic handgun lying on the driver’s side floorboard. Rayford was arrested and his vehicle towed. During an inventory of the vehicle, the Jimenez 9mm semi-automatic handgun was found in the back pouch of the front passenger seat.
Rayford told investigators he had stolen both of the handguns from his source of supply for crack cocaine, to whom he owed money.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Rayford has numerous felony convictions for first degree armed robbery and he was on parole at the time of the alleged offense.
Larson cautioned that the charge contained in this complaint is simply an accusation, and not evidence of guilt.
This case is being prosecuted by Assistant U.S. Attorney Trey Alford. It was investigated by the Kansas City, Mo., Police Department, the Independence, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jury Convicts Four Former Georgia Department of Corrections Officers of Bribery and Drug TraffickingRead the Press Release
NEWNAN, Ga. - Jeremy Fluellen, Chelsey Mayweather, Tramaine Tucker, and Christopher Williams have been convicted by a federal jury after a week-long trial, on fifteen counts of cocaine and methamphetamine distribution, and seven counts of extortion under color of official right. Prior to trial, 44 other corrections officers pleaded guilty in a series of cases related to this investigation at Georgia Department of Corrections institutions across the state.
“It’s troubling that so many officers from state correctional institutions across Georgia were willing to sell their badges for personal payoffs from purported drug dealers,” said U. S. Attorney John Horn. “They not only betrayed the institutions they were sworn to protect, but they also betrayed the ideals that honest, hard-working correctional officers uphold every day. They directly contributed to the hurtful criminal activity both inside and outside the prisons they served.”
“The federal convictions of these four State of Georgia corrections officers, brought about as part of a larger FBI investigation sends a much needed message that there is a cost if you sell your badge. These guards abdicated their responsibilities within the Georgia Department of Corrections at a time when corrections facilities in Georgia and elsewhere across the nation are being inundated with smuggled contraband smart phones that end up posing a larger problem to the public as well as the correction facility itself. Because of the vast harm that it creates in terms of public safety and the public’s trust of law enforcement, the FBI will continue to make public corruption its number one criminal program across the board, to include those that begin within the confines of a prison,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“We are pleased to see that justice has been served on these individuals for their role in jeopardizing the safe and secure operations of our facilities,” said GDC Commissioner Gregory C. Dozier. “Ridding our prisons of corrupt staff and shedding light on those who choose a path of dishonor continues to be one of our top priorities.”
According to U.S. Attorney Horn, the charges, and other information presented in court: The Georgia Department of Corrections (“GA DOC”) is the agency responsible for overseeing the operations of the Georgia state prison system and its more than 50,000 inmates. During a federal investigation of GA DOC employees and inmates, the FBI uncovered that correctional officers were smuggling contraband (including controlled substances and cellular telephones) into state prisons. Inmates used many of those contraband cell phones to commit wire fraud, money laundering, identity theft, and drug trafficking.
The operation also revealed that numerous GA DOC officers were willing to use their law enforcement uniforms and credentials to protect what they believed were drug deals involving multiple kilograms of methamphetamine and cocaine. In a series of undercover operations, more than 45 correctional officers used their law enforcement status to protect drug deals in exchange for thousands of dollars in cash bribe payments. During the undercover deals, the correctional officers generally wore their GA DOC uniforms or had their GA DOC badges in an effort to avoid law enforcement scrutiny.
After a weeklong trial, a federal jury returned the following guilty verdicts against defendants on all counts charged against them:
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Jeremy Fluellen, 28, of Sparta, Georgia, formerly a Correctional Officer at Hancock State Prison and on the GA DOC tactical unit (also known as the COBRA Squad), was convicted of two counts of attempted distribution of cocaine, and two counts of extortion under color of official right;
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Chelsey Mayweather, 25, of Milledgeville, Georgia, formerly a Correctional Officer at Baldwin State Prison, was convicted of two counts of attempting to distribute cocaine and/or methamphetamine, and two counts of extortion under color of official right;
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Tramaine Tucker, 28, of Sparta, Georgia, formerly a Correctional Officer at Hancock State Prison and Riverbend Correctional Facility, was convicted of two counts of attempting to distribute cocaine and/or methamphetamine, and one count of extortion under color of official right; and
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Christopher Williams, 26, of Sparta, Georgia, formerly a Correctional Officer at Hancock State Prison, was convicted of nine counts of attempting to distribute cocaine and/or methamphetamine, and two counts of extortion under color of official right.
Previously, numerous others were also charged as part of the overall investigation of the GA DOC. In total, this extensive operation has resulted in charges against approximately 130 prison employees, inmates, and non-incarcerated co-conspirators.
Sentencings for Jeremy Fluellen, Chelsey Mayweather, Tramaine Tucker, and Christopher Williams will occur July 25, 2017, at 9:30 a.m., before U.S. District Judge Timothy C. Batten, Sr.
These cases are being investigated by the Federal Bureau of Investigation, the Georgia Bureau of Investigation, and the Georgia Department of Corrections Office of Professional Standards.
Assistant U.S. Attorneys John S. Ghose and Vivek Kothari are prosecuting the case.
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.
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Information: Federal Court ArraignmentsRead the Press Release
The United States Attorney’s Office announced that those persons listed below were arraigned before the U.S. Magistrate and the indictments handed down by the Grand Jury unsealed.
Appearing before U.S. Magistrate Cavan in Billings on April 27, 2017 and entering pleas of Not Guilty were:
- MARK STEVEN ELK SHOULDER, a 50-year-old resident of Billings, appeared on charges of failure to register. If convicted of the charge contained in the indictment, ELK SHOULDER faces 10 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the U.S. Marshals Service. PACER Case Reference. 17-40
- CHRISTOPHER RAY METZGER, a 41-year-old resident of Billings, appeared on charges of concealing a person from arrest. If convicted of the charge contained in the indictment, METZGER faces 5 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the FBI Task Force. PACER Case Reference. 17-46
Appearing before U.S. Magistrate Cavan in Billings on April 26, 2017 and entering pleas of Not Guilty were:
- FRANCISCO CALDERON, a 47-year-old resident of San Jose, California, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, CALDERON faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-36
- LUIS JAVIER GASPAR, a 19-year-old resident of San Jose, California, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, GASPAR faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. PACER Case Reference. 17-36
Appearing before U.S. Magistrate Cavan in Billings on April 25, 2017 and entering pleas of Not Guilty were:
- WILLIAM THOMAS HAYNES, a 43-year-old resident of St. Xavier, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, HAYNES faces 10 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Golden Valley County Sheriff’s Office. PACER Case Reference. 17-42
Appearing before U.S. Magistrate Cavan in Billings on April 24, 2017 and entering pleas of Not Guilty were:
- LOYAL JUDE HOGAN, a 32-year-old resident of Lodge Grass, appeared on charges of abusive sexual contact with a minor. If convicted of the most serious charge contained in the indictment, HOGAN faces 2 years in prison, $250,000 in fines and lifetime supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 17-14
Appearing before U.S. Magistrate Johnston in Great Falls on April 18, 2017 and entering pleas of Not Guilty were:
- BRANDEN CONRAD MIESMER, a 27-year-old resident of Great Falls, appeared on charges of carjacking. If convicted of the charge contained in the indictment, MIESMER faces 15 years in prison, $250,000 in fines and 3 years supervised release. The case was investigated by the Federal Bureau of Investigation. PACER Case Reference. 17-02
If any of the above cases are of interest to your media organization and the community it serves, we encourage you to monitor the progress of the case regularly through the U.S. District Court calendar and the PACER system so that you stay current and not miss any important developments in the case.
To establish a PACER account, which will allow you to review documents filed in the case, please go to, http://www.pacer.gov/register.html. To access the district court’s calendar, please go to https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
Indiana Mother and Son Indicted for Filing Fraudulent Tax Refund ClaimsRead the Press Release
An indictment against an Indiana mother and son charging them with conspiracy and filing fraudulent tax refund claims was unsealed today, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Clifford D. Johnson for the Northern District of Indiana. A federal grand jury sitting in Hammond, Indiana returned the indictment on April 21.
According to the indictment, from approximately 2010 through 2014, Tracie Lynne Ellis and Terrell Sir William Franklin conspired to defraud the United States by filing fraudulent refund claims with the Internal Revenue Service (IRS). The indictment charges that Ellis and Franklin created the Tracie Lynne Ellis Trust and the Terrell Sir Williams Franklin Trust, neither of which had a business purpose. Ellis and Franklin allegedly filed fraudulent returns with the IRS in the names of these trusts and sought refunds to which they were not entitled. The indictment alleges that the IRS paid out one of the fraudulent refund claims totaling approximately $156,248. to the indictment, Ellis and Franklin deposited this money into a bank account and withdrew the funds over a seven-month period.
An indictment merely alleges that crimes have been committed. Defendants are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Ellis and Franklin face a statutory maximum sentence of 10 years in prison for the conspiracy count and five years in prison for each of the false claim counts. Ellis and Franklin also face periods of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Johnson commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Gary Bell and John Mulcahy of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Indiana Mother and Son Indicted for Filing Fraudulent Tax Refund ClaimsRead the Press Release
WASHINGTON – An indictment against an Indiana mother and son charging them with conspiracy and filing fraudulent tax refund claims was unsealed today, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Clifford D. Johnson for the Northern District of Indiana. A federal grand jury sitting in Hammond, Indiana returned the indictment on April 21.
According to the indictment, from approximately 2010 through 2014, Tracie Lynne Ellis and Terrell Sir William Franklin conspired to defraud the United States by filing fraudulent refund claims with the Internal Revenue Service (IRS). The indictment charges that Ellis and Franklin created the Tracie Lynne Ellis Trust and the Terrell Sir Williams Franklin Trust, neither of which had a business purpose. Ellis and Franklin allegedly filed fraudulent returns with the IRS in the names of these trusts and sought refunds to which they were not entitled. The indictment alleges that the IRS paid out one of the fraudulent refund claims totaling approximately $156,248. to the indictment, Ellis and Franklin deposited this money into a bank account and withdrew the funds over a seven-month period.
An indictment merely alleges that crimes have been committed. Defendants are presumed innocent until proven guilty beyond a reasonable doubt.
If convicted, Ellis and Franklin face a statutory maximum sentence of 10 years in prison for the conspiracy count and five years in prison for each of the false claim counts. Ellis and Franklin also face periods of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and Acting U.S. Attorney Johnson commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Gary Bell and John Mulcahy of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
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DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007.
Identity Thief sentenced for using a new form of fraud “Synthetic Identities”Read the Press Release
ATLANTA – Creating “synthetic identities” from phony Social Security numbers is one of the fastest growing forms of identity theft in the United States, and the U.S. Attorney’s Office for the Northern District of Georgia is prosecuting increased numbers of these cases to stay in front of this trend.
One recent case involves Kelvin Lyles, who has been sentenced to three years and ten months in federal prison for wire fraud. Lyles used so-called “synthetic identities,” which are fake identities created by establishing a credit history for false Social Security numbers with the credit reporting agencies. Using this method, Lyles defrauded credit card companies out of over $350,000.
“Synthetic identity theft is an unfortunate new form of criminal fraud,” said U. S. Attorney John Horn. “Identity thieves continue to invent new methods, and this is one more avenue of approach in their attempt to take what is not theirs. We will keep current with these latest trends and do all we can to keep our citizens safe from identity thieves.”
“As synthetic identity theft continues to become one of the fastest-growing consumer fraud schemes, the US Postal Inspection Service will remain steadfast to investigate emerging criminal trends to bring these offenders to justice,” said David M. McGinnis, U.S. Postal Inspector in Charge of the Charlotte Division. “Postal Inspectors will continue to go after those who utilize the U.S. mail for fraudulent financial gain.”
According to U.S. Attorney Horn, the charges and other information presented in court: From January 2013 until December 2015, Lyles obtained and created synthetic identities to obtain credit cards in the names of fictional individuals. Lyles then used online credit card processing services to charge transactions to the credit cards, directing all the stolen funds obtained to himself.
In December 2015, law enforcement executed a search warrant at Lyles’s residence and discovered information for over 300 synthetic identities, fake driver’s licenses, a fake social security card, and numerous credit cards held in the names of individuals other than Lyles. In total, Lyles attempted $435,862.10 in fraudulent credit card transactions and succeeded in obtaining approximately $350,000.
In recent months, the U.S. Attorney’s Office has prosecuted other defendants committing similar kinds of synthetic identity fraud:
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On January 5, 2017, Robert F. Dixon, Jr., of Chamblee, Georgia, was sentenced by U.S. District Judge Leigh Martin May to two years, ten months in federal prison to be followed by three years of supervised release for wire fraud conspiracy, wire fraud, and misuse of a Social Security number. Dixon was ordered to pay restitution in the amount of $403,734.55.
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On November 17, 2016, Karen A. Bradley, of Lithonia, Georgia, was sentenced by U.S. District Judge Leigh Martin May to one year, six months in federal prison to be followed by three years of supervised release for wire fraud conspiracy and misuse of a Social Security number. Bradley was ordered to pay restitution in the amount of $244,232.31.
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On September 1, 2016, Landerick C. Mitchell, of North Charleston, South Carolina, was sentenced by U.S. District Judge Leigh Martin May to six months in federal prison to be followed by three years of supervised release for wire fraud conspiracy and misuse of a Social Security number. Mitchell was ordered to pay restitution in the amount of $23,328.86.
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On January 10, 2017, Maurice R. Lambert, of Atlanta, Georgia, pleaded guilty to access device fraud and misuse of a Social Security number. He is scheduled to be sentenced by U.S. District Judge Eleanor L. Ross on May 25, 2017.
While these cases pertain to criminals using synthetic identities, law-abiding citizens also risk being tricked into purchasing a synthetic identity, primarily in the form of a so-called “Consumer Profile Number” or “CPN.” A CPN is a nine-digit number that some credit repair agencies claim can be used as a replacement for a Social Security number in credit and loan applications. Falsely stating in a credit or loan application that a CPN is a Social Security number risks violating federal law. Citizens should be extremely skeptical of any claims from credit repair services that ask them to use a CPN in place of their actual social security number when applying for credit or loans.
Kelvin Lyles, 43, of Atlanta, Georgia, was sentenced by U.S. District Judge Mark H. Cohen to three years, ten months in prison to be followed by three years of supervised release, and ordered to pay restitution in the amount of $353,937.23. Lyles pleaded guilty pursuant to a plea agreement on January 18, 2017.
This case was investigated by the U.S. Postal Inspection Service.
Special Assistant United States Attorney Diane Schulman and Assistant United States Attorney Samir Kaushal prosecuted the case.
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.
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Hot Springs Woman Sentenced to over 12 Years in Federal Prison for Drug TraffickingRead the Press Release
Hot Springs, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Keri Burroughs, age 39, of Hot Springs, was sentenced this week to 151 months in federal prison followed by three years of supervised release on one count of Possession With Intent to Distribute Methamphetamine. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.
According to court records, on January 28, 2016, investigators with Homeland Security Investigations and the 18th Judicial Drug Task Force obtained an arrest warrant for Keri Burroughs for a narcotics offense. On February 1, 2016, an Arkansas State Trooper conducted a traffic stop on her vehicle for several traffic violations. After a narcotics canine gave a positive alert for the presence of drugs, Burroughs granted consent for a search of her vehicle where the trooper found and seized eight bags of a crystalline substance totaling over 218 grams, a 9mm handgun with two loaded magazines, one of which was inserted in the firearm, a digital scale, and two meth pipes. One of the bags, weighing over 27 grams was tested by the Arkansas State Crime Lab and was determined to be 100% pure methamphetamine. After being advised of and waiving her Miranda rights, she admitted the methamphetamine was hers and that she intended to distribute it. Burroughs was indicted by a federal jury in March, 2016 and pleaded guilty in May, 2016.
Homeland Security Investigations, the 18th Judicial Drug Task Force and the Arkansas State Police assisted in the investigation. Assistant United States Attorney Amy Driver prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Hot Springs Man Sentenced to Nine Years in Federal Prison for Drug TraffickingRead the Press Release
Hot Springs, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Mark A. Hudson, age 43 of Hot Springs, was sentenced this week to 110 months in federal prison followed by three years of supervised release on each count of Conspiracy to Distribute Methamphetamine and Distribution of Methamphetamine. The sentences are to run concurrent with each other. The Honorable Susan O. Hickey presided over the sentencing hearing in the United States District Court in Hot Springs.
According to court records, in August 2014, law enforcement began investigating Mark Hudson for the distribution of heroin. Agents used a confidential source to arrange for and conduct at least six controlled purchases of heroin from Hudson in Hot Springs exchanging funds for the purchase of the heroin. In November 2014, the confidential source exchanged $200 for a quarter of an ounce of methamphetamine from Hudson. The suspected substance sent to the Drug Enforcement Administration South Central Laboratory and was determined to be 4.2 grams of actual methamphetamine. Hudson was indicted by a federal jury in July 2015 and pleaded guilty in February 2016.
Hudson’s co-defendant, Titus D. Denton, age 33, of Benton, was sentenced on July 29, 2016 to 60 months in federal prison and three years of supervised release on one count of Conspiracy to Distribute Heroin.
“We will continue to attack the scourge of methamphetamine and heroin distribution in Arkansas and beyond,” said DEA Assistant Special Agent in Charge Matthew Barden. “The sentencing of Mark Hudson should send a message to those who want to sell drugs. We are going to catch you and put you in federal prison if you distribute this poison in our communities. ”
The Drug Enforcement Administration, 18th Judicial Drug Task Force, and Hot Springs Police Department assisted in the investigation. Assistant United States Attorney Candace Taylor prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Greeneville Resident Sentenced to Twenty Years in Federal Prison for Methamphetamine ConspiracyRead the Press Release
GREENEVILLE, Tenn. – On April 27, 2017, Jeffery Brian Wills, a.k.a. “Fro”, 27, of Greeneville, Tennessee, was sentenced by the Honorable R. Leon Jordan, Senior U.S. District Court Judge, to serve 240 months in federal prison following a conviction for his role in a conspiracy to distribute methamphetamine in east Tennessee.
According to his plea agreement on file with U.S. District Court, Wills admitted that he was responsible for at least 1.5 kilograms but less than 4.5 kilograms of actual methamphetamine. He sold varying quantities of methamphetamine in June and December 2015 to an individual cooperating on behalf of law enforcement. In October 2015, law enforcement officers searched a motel room in Morristown, Tennessee, occupied by Wills and a co-conspirator, and found approximately 12 grams of methamphetamine, approximately $4,000 and miscellaneous narcotic pills. A bag containing a portion of the methamphetamine and Wills’ keys had “CHM” lettering on it. “CHM” stands for the Chicken Head Mafia. Wills and co-defendants Rick Munsey, 48, of Del Rio, Tennessee, and Joel Hosea Beasley, 37, of Mooresburg, Tennessee, were part of the “CHM” crew.
Wills further admitted that another individual began purchasing one ounce of methamphetamine per week from him in March 2015. By the end of May 2015, this individual was purchasing one to two ounces of methamphetamine from Wills per day.
In April 2016, co-defendant Christopher Williams, 47, of Hamblen County, Tennessee, was arrested in Knox County, Tennessee, carrying a suitcase with over 700 grams of methamphetamine inside. Wills and Munsey, among others, were awaiting Williams’ arrival to obtain their share of the methamphetamine obtained from Georgia when Williams was arrested making a delivery to another customer.
Law enforcement agencies participating in the investigation included the Federal Bureau of Investigation, Hamblen County Sheriff’s Office, Morristown Police Department and Third and Fourth District Judicial Drug Task Forces. Assistant U.S. Attorney Wayne Taylor represented the United States.
This case was a result of the Department of Justice’s Organized Crime and Drug Enforcement Task Force (OCDETF) program, the centerpiece of the Department of Justice’s drug supply reduction strategy. OCDETF was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. Today, OCDETF combines the resources and expertise of its member federal agencies in cooperation with state and local law enforcement. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Grand Jury Returns Indictment Charging Woman with Attempt to Commit MurderRead the Press Release
SALT LAKE CITY – A federal grand jury in Salt Lake City returned a two-count indictment Wednesday charging Shawna Marie Chapman, age 30, with attempt to commit murder and assault resulting in serious bodily injury. The indictment was unsealed Friday afternoon following Chapman’s arrest and initial court appearance. Chapman was residing with her husband, a member of the U.S. Armed Forces, at Hill Air Force Base.
United States Attorney for Utah John W. Huber, Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Special Agent in Charge Eric K. Barnhart of the FBI’s Salt Lake City Field Office, Assistant Director in Charge Andrew Vale of the FBI’s Washington Field Office, and Colonel Shan B. Nuckols of the Air Force Office of Special Investigations, 5th Field Investigations Region, Ramstein Air Base, Germany, announced the indictment Friday.
The indictment alleges that on Feb. 10, 2016, Chapman attempted to murder an 11-month-old child by stabbing her in the abdomen and arm with a knife. The indictment alleges the assault resulted in serious bodily injury to the child. The indictment further alleges that Chapman committed the offense while accompanying a U.S. military service member in Spain. The conduct alleged in the indictment falls within the venue of the United States District Court for the District of Utah since the last known residence for the defendant is Hill Air Force Base, Utah, according to the indictment.
Chapman entered a plea of not guilty to both counts in the indictment at the initial appearance Friday afternoon before U.S. Magistrate Judge Paul M. Warner. Magistrate Warner appointed attorneys from the Federal Public Defenders Office to represent her. A five-day jury trial will begin June 26, 2017, in U.S. District Judge David Sam’s courtroom. Federal prosecutors sought detention for Chapman pending trial. After hearing argument on the issue, Magistrate Warner released Chapman from custody with standard and special conditions of release, including reporting to pretrial services as ordered, maintaining base housing with notification to pretrial services if housing arrangements change, travel restrictions, surrendering her passport, and complying with pretrial services on mental health and other health care issues. Magistrate Warner also put in place conditions for supervised visits the defendant may make with the child, including a requirement that they be supervised by a third-party not related to the defendant. The defendant also cannot stay at the home where the child is living.
Chapman faces up to life in prison if convicted of the charges in the indictment with a mandatory minimum of 10 years.
Indictments are not findings of guilt. Individuals charged in an indictment are presumed innocent unless and until proven guilty beyond a reasonable doubt in court.
The FBI and Air Force Office of Special Investigations are investigating the case. Trial Attorney Christine Duey of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorneys Drew Yeates and Andrea Martinez of the District of Utah are prosecuting the case.
Fort Worth Man Convicted by Federal Jury of Being a Felon in Possession of a FirearmRead the Press Release
FORT WORTH — Following a two-day trial before U.S. District Judge Reed C. O’Connor, a federal jury convicted Terry Dixon, 42, of Arlington, earlier this week of one count of felon in possession of a firearm and ammunition, announced U.S. Attorney John Parker of the Northern District of Texas.
The possession count carries a maximum statutory penalty of 10 years in federal prison. Dixon has been in custody since his arrest in September 2016. Sentencing is set for August 14, 2017.
According to evidence presented at trial, on September 15, 2016, Arlington Officers were dispatched to an East Abram Street bar where Dixon was causing a disturbance in the parking lot with a firearm. As Officers arrived, they saw Dixon sitting in a white four-door Cadillac in the bar’s parking lot. Officers ordered Dixon to get out of his car multiple times. Dixon got out of his car and began walking in the parking lot with one hand in his pocket. Officers lost sight of him for a few seconds before regaining sight of him and ordered Dixon to get his hand out of his pocket. Dixon refused. The Officers warned Dixon that if he continued to disobey their commands, they would deploy a Taser to gain compliance. Due to Dixon’s continued non-compliance and the potential firearm threat, Officers deployed a Taser, which allowed them to subdue Dixon and safely detain him.
While detained, Dixon told the Officers he had .357 Magnum gun in his car and claimed to have a permit for it. Unable to find a gun in his car, the Officers searched the area where they had lost sight of Dixon, and observed a bar stool behind a gate and fence. A Taurus, .357 caliber revolver, loaded with five (5) rounds of .357 magnum ammunition was located on the roof of the building. The Officers checked Dixon’s background and learned he was a convicted felon. They placed Dixon under arrest for unlawful firearm possession and a search uncovered thirteen rounds of Armscorp .357 magnum ammunition in his pocket, which matched the ammunition in the revolver.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated. Assistant U.S. Attorneys Frank Gatto and Shawn Smith prosecuted.
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Former Seattle Resident Arrested for Use of ‘Molotov Cocktail’ at May Day 2016 ProtestRead the Press Release
A former Seattle resident was arrested in Wisconsin this morning in connection with an attack on Seattle Police at the May Day protest in 2016, announced U.S. Attorney Annette L. Hayes. WIL CASEY FLOYD, 32, will appear in U.S. District Court in Milwaukee, Wisconsin this afternoon. FLOYD was identified in a lengthy investigation as the member of the so-called ‘Black Bloc’ of protestors who threw unlit incendiary devices at police. FLOYD is charged by criminal complaint with unlawful possession of a destructive device -- a felony punishable by up to ten years in prison.
“This case demonstrates our commitment to protecting our cherished First Amendment rights while holding those who abuse those rights to account,” said U.S. Attorney Annette L. Hayes. “I join city leaders in emphasizing that violence at May Day protests will not be tolerated, and commend Seattle Police and FBI’s dogged pursuit of this defendant who threw a Molotov cocktail at an SPD officer at last year’s May Day protests. His so-called “black bloc” disguise was useless in his effort to evade responsibility for his actions.”
“The FBI and Seattle Police Department worked tirelessly to uncover the faces under the black masks who chose to turn a peaceful protest into a violent confrontation,” said Special Agent in Charge Jay S. Tabb, Jr. “Our priority is keeping the people of this city safe, and we hope this arrest and prosecution will deter those who think they can stay anonymous while causing injury and destruction on the streets of Seattle.”
“The actions of the accused put peaceful demonstrators and police officers at extreme risk. In this case and similar cases, we will continue to work relentlessly with the FBI and the U.S. Attorney’s Office to bring suspects to justice. I commend the exceptional work of our SPD detectives and our federal partners,” said Seattle Police Chief Kathleen O’Toole.
According to the criminal complaint in the case, on the evening of May 1, 2016, one of the Molotov cocktails thrown at police shattered at the feet of an officer and ignited his trousers when a flash-bang grenade went off. The officer suffered burns to his leg. Law enforcement gathered a variety of evidence at the scene on 4th Avenue South and South Seattle Boulevard, including other remains of bottles and a satchel with one unexploded incendiary device. The devices were all the same in construction: beer bottles with flammable liquid and a home-made stopper and cotton cloth. Law enforcement reviewed a variety of videos from the scene and ultimately identified FLOYD as a suspect. Law enforcement obtained a court authorized search warrant to collect evidence to determine whether FLOYD was linked to the satchel and the incendiary devices. Just last week law enforcement tracked FLOYD to a flight from San Diego, California to Wisconsin with a change of planes in Denver. Members of the Joint Terrorism Task Force intercepted FLOYD as he changed planes. FLOYD agreed to speak with investigators. FLOYD was arrested without incident this morning at his mother’s home in Elkhart Lake, Wisconsin.
Unlawful possession of destructive devices is punishable by up to ten years in prison and a $250,000 fine. This is the maximum penalty allowed by law. The actual sentence imposed in any case will reflect the specific facts of the crime, including the impact on any victims and the defendant.
The charges contained in the complaint are only allegations. A person is presumed innocent unless and until he or she is proven guilty beyond a reasonable doubt in a court of law.
The case is being investigated by the FBI’s Joint Terrorism Task Force and the Seattle Police Department, both through its membership on the JTTF and with additional investigative groups. Today’s arrest was made with assistance from the FBI’s Milwaukee Field Office and the Elkhart Lake Police Department.
The case is being prosecuted by Assistant United States Attorney Todd Greenberg in consultation with the King County Prosecuting Attorney’s Office.
Former Real Estate Attorney, Mortgage Loan Originator Sentenced in Mortgage Fraud, Identity Theft SchemeRead the Press Release
PROVIDENCE – Former Real Estate Attorney Louis Marandola, 42, of Providence and Brian R. McCaffrey, 38, of Warwick, a former licensed loan originator, have been sentenced to federal prison for their participation in a scheme to obtain money they were not entitled to from financial institutions and individuals through mortgage loans, residential property sales and fees.
On Thursday, Louis Marandola was sentenced to 48 months in federal prison to be followed by 3 years supervised release. On January 13, 2017, Marandola pleaded guilty to conspiracy to commit bank fraud and aggravated identity theft.
Today, Brian R. McCaffrey was sentenced to 18 months in federal prison, to be followed by 3 years supervised release. McCaffrey pleaded guilty on January 27, 2017, to conspiracy to commit bank fraud and bank fraud.
The sentences, imposed by U.S. District Court Judge John J. McConnell, Jr., are announced by Acting United States Attorney Stephen G. Dambruch; Christina D. Scaringi, Special Agent in Charge of the Northeast Region of the U.S. Department of Housing and Urban Development Office of Inspector General (HUD-OIG); Brian Deck, Resident Agent in Charge of the Providence Office of the U.S. Secret Service; and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
Two co-defendants in this matter, Raffaele M. Marziale, 41, of Bristol, a former loan officer who pleaded guilty on February 29, 2016, to conspiracy to commit bank fraud, bank fraud, and aggravated identity theft; and Edwin Rodriguez, 35, of Pawtucket, a real estate investor who pleaded guilty on June 1, 2016, to conspiracy to commit bank fraud, bank fraud, aggravated identity theft and tampering with a witness, are awaiting sentencing.
Gina Ronci Mohamed, 46, of Lincoln, was sentenced on April 25, 2017, to two years probation. Ms. Ronci pleaded guilty on April 22, 2016, to making a false statement to HUD; and Lauren Sienko, 35, of Rehoboth, Mass., was sentenced on April 3, 2017, to two years probation. Ms. Sienko pleaded guilty on January 6, 2017, to making a false statement to HUD.
According to court documents and information presented to the court, an investigation by the United States Attorney’s Office, HUD-OIG, U.S. Secret Service and Rhode Island State Police determined that between 2007 and 2014, the defendants conspired to execute a scheme which caused prospective homebuyers to obtain mortgages from financial institutions based upon materially false loan applications and fraudulent supporting documentation. As part of the conspiracy, false representations were made in order to obtain fees to which the defendants were not entitled or to make a profit selling property in which they had an ownership interest. In some instances, thousands of dollars were fraudulently obtained by misrepresenting on a HUD form the amount of funds due or to be paid to one of the parties involved in a transaction.
In numerous instances, the defendants concealed their involvement in the scheme by conducting business under the names of several different entities and individuals. At times, the defendants used stolen identities to further the fraud and to conceal their connection to the real estate transactions.
The cases are being prosecuted by Assistant U.S. Attorneys Sandra R. Hebert and William J. Ferland.
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