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Thursday 16 March 2017
Mansfield Man Sentenced for Threatening President of the United StatesRead the Press Release
BOSTON – A Mansfield man was sentenced today in U.S. District Court in Boston in connection with posting online threats to the President of the United States.
Andrew J. O’Keefe, 31, was sentenced by U.S. District Court Judge George A. O’Toole Jr. to time served, which was approximately six months, and two years of supervised release.
On May 13, 2015, an individual, later determined to be O’Keefe, posted a threat on a FBI website stating that he planned to kill President Barack Obama. On May 15, 2015, law enforcement officers attempted to interview O’Keefe regarding the posting; however, O’Keefe refused to speak with them outside of his residence. A search warrant executed at O’Keefe’s home and vehicle resulted in the recovery of over 100 weapons including swords, double-edged knives, hatchets, spears, an air gun and two laptop computers. O’Keefe was initially arrested on state charges and later charged federally.
Acting United States Attorney William D. Weinreb; Stephen A. Marks, Special Agent in Charge of the U.S. Secret Service; and Mansfield Police Chief Ronald A. Sellon, made the announcement today. Assistant U.S. Attorney Kenneth G. Shine of Weinreb’s Major Crimes Unit is prosecuting the case.
Manchester Man Pleads Guilty to Possessing FirearmsRead the Press Release
Concord, N.H.— Acting United States Attorney John J. Farley announced that Micky Garst, Jr., 26, previously of Manchester, New Hampshire, pleaded guilty to a federal indictment charging him with the illegal possession of two firearms.
According to the indictment, statements made in court, and other public records in the case, on the morning of August 19, 2015, Manchester Police investigating a reported fight outside a pizza parlor encountered a large crowd, including the defendant and a female companion. After investigating the source of the conflict, officers asked to search the companion’s vehicle, and she consented. Located in the trunk was a Colt .45 handgun that had been reported stolen from a home in Manchester four days earlier. Blood samples from the scene of the theft were later confirmed by the state crime lab as a match with Garst. Later, in February 2016, Garst took a Ruger firearm from the home of an acquaintance. The firearm was recovered after Garst stashed it in the dumpster of a nearby convenience store. Garst is prohibited from possessing firearms under federal law as a result of a prior felony conviction.
A sentencing hearing has been scheduled for June 29, 2017.
This matter was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Manchester Police Department, with assistance from the New Hampshire State Police Forensic Laboratory. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Manchester Man Pleads Guilty to Drug Conspiracy Charge Resulting from Substantial Methamphetamine SeizureRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Rigoberto Ramirez-Aldava (40), formerly of Manchester, New Hampshire, pleaded guilty to conspiracy to possess with the intent to distribute and to distribute 50 grams or more of methamphetamine.
According to court documents and statements in the court proceeding, Ramirez-Aldava, a citizen of Mexico, operated El Patron Sports Bar and Grill, LLC, located on Wilson Street in Manchester, New Hampshire. In June, 2016, the United States Drug Enforcement Administration (“DEA”) received information that Ramirez-Aldava was in possession of multiple kilograms of methamphetamine. On June 21, 2016, an undercover DEA Task Force Officer met with Ramirez-Aldava at a location in Manchester, where Ramirez-Aldava provided the undercover officer with a sample of approximately 29 grams of methamphetamine. On June 29, 2016, the undercover officer met with Ramirez-Aldava at the same location in Manchester and purchased approximately 359 grams of methamphetamine for $8,000. On July 11, 2016, Ramirez- Aldava was arrested as he travelled to a pre-arranged location in Manchester where he intended to sell the undercover officer approximately ten pounds of methamphetamine for $85,000. Approximately 4.5 kilograms were recovered from Ramirez-Aldava’s vehicle at the time of his arrest.
As part of the investigation, DEA agents search of El Patron Sports Bar and Grill resulted in the seizure of approximately 1.7 kilograms of methamphetamine. A large quantity of cash also was seized during a search of his apartment.
Ramirez-Aldava is scheduled to be sentenced on June 22, 2017.
“This record-setting seizure of methamphetamine in New Hampshire demonstrates DEA’s commitment to disrupt and dismantle Mexican drug trafficking organizations who have become the primary manufacturers and distributors of methamphetamine to cities throughout the United States.” said DEA Special Agent in Charge Michael J. Ferguson
“Amid the opioid crisis, drug traffickers also continue their efforts to distribute other deadly substances in New Hampshire. This case is another example of the teamwork among the law enforcement agencies in New Hampshire that are working each and every day to protect the community. Thanks to quick and decisive investigative work, a very large quantity of methamphetamine has been removed from the streets before it could cause further harm.” said Acting United States Attorney John J. Farley.
This case was investigated by the Drug Enforcement Administration with assistance from the Manchester and Nashua Police Departments. The case is being prosecuted by Assistant United States Attorney Jennifer Cole Davis.
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Man Sentenced to 30 Months in Prison for Firearms TraffickingRead the Press Release
St. Thomas, USVI – Naeem Smith, 25, of St. Thomas, was sentenced in federal court on March 16, 2017, to 30 months in prison, followed by three years of supervised release for his conviction on firearms trafficking, Acting United States Attorney Joycelyn Hewlett announced. District Court Judge Curtis V. Gomez also ordered Smith to pay a $3,000 fine, $100 special assessment, to perform 400 hours of community service, and to forfeit 18 firearms, including two AK47s.
On August 17, 2016, Smith pleaded guilty to trafficking firearms in interstate and foreign commerce. According to the plea agreement, on April 27, 2016, at the Cyril E. King Airport, a law enforcement K-9 alerted to the presence of firearms inside of luggage checked in Smith’s name. U.S. Customs and Border Protection (CBP) officers examined Smith’s luggage, which revealed one Taurus pistol, 15 Glock pistols, and two AK-47 assault rifles. His luggage also contained two AK-47 magazines, 36 other pistol magazines with capacities ranging from 9 to 15 rounds, 10 speed loaders, twenty .40 caliber Smith and Wesson rounds, and a storage box.
This case was a result of Operation Gun Dog, which was formed by law enforcement agencies to interdict contraband traveling through the Cyril E. King Airport and deter criminal activity during the St. Thomas Carnival. Agencies included CBP, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, U.S. Drug Enforcement Administration, U.S. Postal Inspection Service, Bureau of Alcohol, Tobacco, Firearms and Explosives, United States Marshals Service, Transportation Security Administration, Virgin Islands Port Authority and Virgin Islands Police Department It was prosecuted by Assistant United States Attorney Delia Smith.
Man Sentenced to 17 Months in Prison for Being a Felon in Possession of a FirearmRead the Press Release
St. Thomas, USVI – District Court Judge Curtis V. Gomez today sentenced Nathaniel Sumayah, 31, of St. Thomas, to 17 months in prison, followed by three years of supervised release, for being a felon in possession of a firearm, Acting United States Attorney Joycelyn Hewlett announced. Judge Gomez also ordered Sumayah to pay a $100 special assessment and complete 400 hours of community service.
On November 9, 2016, Sumayah pleaded guilty to being a felon in possession of a firearm. According to the plea agreement, on August 13, 2016, federal agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) executed a search warrant of Sumayah’s residence and discovered two firearms, six magazines, and approximately 280 rounds of assorted ammunition, all of which belonged to Sumayah.
The case was investigated by ATF and was prosecuted by Assistant U.S. Attorney Meredith J. Edwards.
Lockport Man Arrested for Lewd Behavior on A Flight from Florida to BuffaloRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today the unsealing of a criminal complaint charging Gerald McErlean, 46, of Lockport, NY, with performing a lewd act aboard an aircraft in violation of Title 49 of the United States Code. The charge carries a maximum penalty of 90 days in prison and a $5,000 fine.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the complaint, on March 8, 2017, the defendant exposed himself and masturbated on a Southwest Airlines flight from Fort Lauderdale, Florida to Buffalo. McErlean was observed engaging in the act by two women, who sought to block his behavior from the view of a toddler who was also traveling with them. When one of the woman "called [him] out on what he was doing," the defendant stopped.
Another passenger, who also noticed the defendant’s behavior, called for a flight attendant who subsequently moved McErlean to the back of the airplane. When the flight arrived in Buffalo, having traveled the distance with the cabin lights on, the defendant was arrested by officers from the Niagara Frontier Transportation Authority Police.
The defendant made an initial appearance today before U.S. Magistrate Judge H. Kenneth Schroeder and was released on bail pending a detention hearing on March 17, 2017.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Niagara Frontier Transportation Authority Police, under the direction of Chief George Gast; and the Amherst Police Department, under the direction of Chief John Askey.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Local Man Sentenced on Stolen Identity Tax Refund and Money Laundering SchemeRead the Press Release
St. Louis, MO – Precious Agobe, St. Louis County, Missouri, was sentenced to 37 months in prison and ordered to pay restitution in the amount of $510, 358.48 on charges involving his participation in a stolen identity tax fraud and money laundering scheme.
According to court documents, on three occasions in February 2015, Agobe made withdrawals from a Bank of America account which contained the proceeds of fraudulently obtained federal income tax refunds. The total amount of these withdrawals was $8,800. The parties agreed that the loss from these fraudulently obtained income tax returns was between $250,000 and $550,000.
In December 2015, Agobe withdrew $3,000 from a Bank of America account which contained the proceeds of a scheme to defraud in which a business in Kelso, Washington, was induced by fraud to transfer $47,700 from its bank account to a bank account at Bank of the West, in Mission, Kansas. A portion of this money was subsequently transferred to the Bank of America account from which Agobe withdrew $3,000.
In February 2016, 21 counterfeit checks in amounts totaling $99,055, which purported to be drawn on an account of a business in Mustang, Oklahoma, at All America Bank, in Oklahoma City, Oklahoma, were deposited into an account at Bank of America. Agobe subsequently withdrew $1,990 from this Bank of America account. The parties agreed that the loss from Agobe’s money laundering activity was $68,968.
“Those who commit identity theft and fraud of this magnitude deserve to be punished to the fullest extent of the law,” said Karl Stiften, Special Agent in Charge of IRS Criminal Investigation. “Stealing identities and filing false tax returns is a serious crime that causes immense hardship to innocent victims.”
Agobe pled guilty in December to three counts of theft of government property and two count of money laundering. He appeared today for sentencing before United States District Judge Ronnie L. White.
This case was investigated by Internal Revenue Service Criminal Investigation and the Kelso, Washington, Police Department. Assistant United States Attorney Steven Muchnick is handling the case for the U.S. Attorney's Office.
Lafayette man sentenced to 5 years in prison for firearm chargeRead the Press Release
ALEXANDRIA, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a Lafayette man was sentenced to 60 months in prison for possessing a revolver while trafficking marijuana.
Anthony Von Fisher Jr., 31, of Lafayette, was sentenced by U.S. District Judge Dee D. Drell on one count of possessing a firearm in furtherance of a drug trafficking crime. He was also sentenced to three years of supervised release. According to the November 29, 2016 guilty plea, police investigated a parked vehicle because of suspicious drug activity around 1 a.m. on March 6, 2016, at the 200 block of West Grant Street in Lafayette. When police spoke to Fisher, he admitted to possessing marijuana. Twenty-seven grams of marijuana were found in nine small clear plastic bags in his front right pocket, and 34 grams were found in a bag in his front left pocket. Police also found and seized a loaded .25 caliber handgun in Fisher’s pant leg. Fisher admitted the marijuana was pre-packaged for distribution.
This investigation and prosecution is part of Project Safe Neighborhoods, a Department of Justice initiative to promote firearm safety and reduce firearm crimes by preventing the possession and use of firearms by dangerous and persistent felons and others not authorized to possess a firearm.
The ATF and the Lafayette Police Department conducted the investigation. Assistant U.S. Attorney Myers P. Namie prosecuted the case.
Kingston Man Pleads Guilty to Distributing FentanylRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Kenneth Chapman (62), formerly of Kingston, New Hampshire, pleaded guilty to unlawful distribution of fentanyl.
According to documents that were filed in United States District Court and statements in the court proceeding, on June 12, 2016, Chapman sold a quantity of fentanyl to “M.W.”, a 31-year old male from Atkinson, New Hampshire. Because of a 911 call the following morning, emergency personnel responded to a residence in Atkinson, where they found M.W. dead from a suspected drug overdose. In the immediate vicinity of the body, law enforcement officers found a tied-off plastic bag that contained a white powdery substance that was determined to be fentanyl. An autopsy determined M.S.’ death was caused by acute fentanyl intoxication.
Chapman is scheduled to be sentenced on June 28, 2017. The plea agreement contains a binding stipulation that the parties agree to recommend to the Court that Chapman be sentenced within a range of ninety-six (96) months to one hundred and forty-four (144) months of imprisonment; however, the Court deferred acceptance of the stipulation until the time of sentencing.
“Opioid abuse is at epidemic levels in New Hampshire,” said Special Agent in Charge Michael J. Ferguson. “Fentanyl is causing overdose deaths across the Granite State, and DEA is committed to aggressively pursue anyone who distributes this poison in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
Acting United States Attorney John J. Farley said, “Fentanyl continues to be the cause of far too many deaths in the Granite State. The aggressive investigation and prosecution of individuals engaged in fentanyl trafficking in New Hampshire remains a top priority of the United States Attorney’s Office and our law enforcement partners at the local, state. and federal level. While we support access to treatment for those who suffer from addiction, those who distribute these deadly drugs need to be held accountable for the substantial damage they are causing in our community.”
This case was investigated by Drug Enforcement Administration with assistance from Kingston and Atkinson Police Departments. The case is being prosecuted by Assistant United States Attorney Jennifer Cole Davis.
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Kenner Man Sentenced for Mail TheftRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that ARTHUR RESPERT, age 26, of Kenner, was sentenced today after previously pleading guilty to one-count of theft of mail.
U.S. District Judge Jane Triche Milazzo sentenced RESPERT to two years of probation. A hearing on restitution is set for May 11, 2017 at 9:30 a.m.
According to court documents, RESPERT worked at the Armstrong International Airport for Air General, Inc. From on or about October 24, 2014 to September 3, 2015, RESPERT stole letters and other packages addressed to individuals across the United States.
Acting U.S. Attorney Evans praised the work of United States Postal Service, Office of Inspector General, in investigating this matter. Assistant U.S. Attorney Sharan E. Lieberman is in charge of the prosecution.
Kansas City Area Laboratory Owner Charged for Illegally Storing Hazardous Waste and Obstructing Environmental Protection AgencyRead the Press Release
Ahmed el-Sherif, the owner/operator and radiation safety officer for Beta Chem Laboratory in Lenexa, Kansas, was charged today with illegally storing hazardous waste and obstructing an agency proceeding, announced Acting Assistant Attorney General Jeff Wood for the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Tom Beall for the District of Kansas, and Jessica Taylor, Director of the Criminal Investigation Division of the U.S. Environmental Protection Agency (EPA).
According to allegations contained in the two-count indictment:
El-Sherif, 61, a chemist, started Beta Chem in the mid-1990s, which he owned and operated. Beta Chem used radioactive Carbon-14 and solvents in the operation, under license by the Kansas Department of Health and Environment (KDHE). KDHE has assumed certain regulatory authority from the U.S. Nuclear Regulatory Commission under the Atomic Energy Act. In September 2005, KDHE performed an inspection of Beta Chem and discovered extensive radioactive contamination in the laboratory, and the next day issued an Emergency Order of Suspension of License. U.S. EPA conducted a hazardous waste inspection the same month, and subsequently notified el-Sherif of hazardous waste violations under the Resource Conservation and Recovery Act (RCRA). During the ensuing years, KDHE communicated with el-Sherif about the radioactive contamination at Beta Chem. On October 4, 2013, after issuing an Emergency Order to Seize and Secure Radioactive Materials, KDHE took control of Beta Chem and secured the facility.
The Criminal Investigation Division of EPA executed a search warrant at Beta Chem on January 22, 2014, where agents discovered numerous containers containing hazardous wastes and contaminated with radiation. EPA’s Superfund program subsequently engaged in a removal action and disposed of the hazardous waste at a cost of over $760,000. In the process of assessing el-Sherif’s ability to pay for cleanup costs, EPA requested financial information. El-Sherif submitted three Beta Chem tax returns to EPA that he falsely claimed had been filed and that contained fictitious and misleading information.
An indictment is an allegation based upon a grand jury finding of probable cause. A defendant is presumed innocent unless and until convicted. If convicted of both charges, el-Sherif faces up to ten years in prison, and also could be fined.
Acting Assistant Attorney General Wood and U.S. Attorney Beall thanked the U.S. EPA for its work in this investigation. This case is being prosecuted by the Environmental Crimes Section of the Department of Justice and the U.S. Attorney’s Office. Senior Counsel Krishna S. Dighe with the Department of Justice’s Environmental Crimes Section in Washington, D.C., and Assistant U.S. Attorney Anthony Mattivi are in charge of the prosecution.
Kansas City Area Laboratory Owner Charged with Illegally Storing Hazardous WasteRead the Press Release
WASHINGTON – Ahmed el-Sherif, the owner/operator and radiation safety officer for Beta Chem Laboratory in Lenexa, Kansas, was charged today with illegally storing hazardous waste and obstructing an agency proceeding, announced Acting Assistant Attorney General Jeff Wood for the Justice Department’s Environment and Natural Resources Division, U.S. Attorney Tom Beall for the District of Kansas, and Jessica Taylor, Director of the Criminal Investigation Division of the U.S. Environmental Protection Agency (EPA).
According to allegations contained in the two-count indictment:
El-Sherif, 61, a chemist, started Beta Chem in the mid-1990s, which he owned and operated. Beta Chem used radioactive Carbon-14 and solvents in the operation, under license by the Kansas Department of Health and Environment (KDHE). KDHE has assumed certain regulatory authority from the U.S. Nuclear Regulatory Commission under the Atomic Energy Act. In September 2005, KDHE performed an inspection of Beta Chem and discovered extensive radioactive contamination in the laboratory, and the next day issued an Emergency Order of Suspension of License. U.S. EPA conducted a hazardous waste inspection the same month, and subsequently notified el-Sherif of hazardous waste violations under the Resource Conservation and Recovery Act (RCRA). During the ensuing years, KDHE communicated with el-Sherif about the radioactive contamination at Beta Chem. On October 4, 2013, after issuing an Emergency Order to Seize and Secure Radioactive Materials, KDHE took control of Beta Chem and secured the facility.
The Criminal Investigation Division of EPA executed a search warrant at Beta Chem on January 22, 2014, where agents discovered numerous containers containing hazardous wastes and contaminated with radiation. EPA’s Superfund program subsequently engaged in a removal action and disposed of the hazardous waste at a cost of over $760,000. In the process of assessing el-Sherif’s ability to pay for cleanup costs, EPA requested financial information. El-Sherif submitted three Beta Chem tax returns to EPA that he falsely claimed had been filed and that contained fictitious and misleading information.
An indictment is an allegation based upon a grand jury finding of probable cause. A defendant is presumed innocent unless and until convicted. If convicted of both charges, el-Sherif faces up to ten years in prison, and also could be fined.
Acting Assistant Attorney General Wood and U.S. Attorney Beall thanked the U.S. EPA for its work in this investigation. This case is being prosecuted by the Environmental Crimes Section of the Department of Justice and the U.S. Attorney’s Office. Senior Counsel Krishna S. Dighe with the Department of Justice’s Environmental Crimes Section in Washington, D.C., and Assistant U.S. Attorney Anthony Mattivi are in charge of the prosecution.
Justice Department Asks Federal Court to Shut Down Tax Return Preparers in Southern Florida and Require Them to Give Their Fees to the United StatesRead the Press Release
Jean-Philippe Boursiquot, B&C Royalty Multi-Services Inc., Roberton Boursiquot, and RBS Flamboyant Solutions Inc. prepare false federal income tax returns for their customers, according to a new civil suit filed by the Department of Justice. The complaint filed in federal court in Ft. Lauderdale, Florida, asks a federal judge to bar the Boursiquots and their businesses from preparing tax returns for others. The complaint also requests a court order requiring the Boursiquots and their businesses to disgorge the gross receipts they obtained from the preparation of federal tax returns that made false or fraudulent claims.
According to the complaint, Jean-Phillipe Boursiquot of Margate, Florida, owns and operates B&C Royalty Multi-Services, a tax return preparation business located in Oakland Park, Florida. Roberton Boursiquot of Tamarac, Florida, owns and operates RBS Flamboyant Solutions Inc., a tax return preparation business that is located in Hollywood, Florida.
The complaint alleges that the defendants prepare tax returns for customers that understate liabilities and overstate refunds by falsifying information, fabricating deductions, and claiming bogus credits. The complaint alleges that just one of the defendants’ schemes — bogus federal education credits claimed in 2016 — cost the United States over $470,000 in tax revenue. The complaint further alleges that the defendants tell customers they are due a certain refund amount, file returns on their behalf requesting a larger amount, and keep the excess as preparation fees without the customers’ knowledge or consent.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2017 and taxpayers seeking a return preparer should remain vigilant. The IRS has some tips on their website for choosing a return preparer and has launched a free directory of federal tax preparers.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Jamaican Law School Student Sentenced to Prison for Role in Lottery SchemeRead the Press Release
Orlando, Florida – U.S. District Judge Carlos E. Mendoza today sentenced Teresa Wilson (27, Jamaica) to 16 months in federal prison for conspiracy to commit mail fraud. As part of her sentence, the Court also entered a money judgment in the amount of $270,000, which are proceeds of the offense.
Wilson pleaded guilty on October 19, 2016 and is the third defendant to plead guilty during this investigation. Yanique Coach and Dwayne Breary were previously sentenced to 12 months and a day, and 6 months’ imprisonment, respectively.
According to court documents, an 89-year-old victim in Virginia received phone calls from two people in October and November 2014, advising that she had won $3.5 million dollars from the Mega Millions Sweepstakes. One of the callers identified himself as being associated with the sweepstakes, and the other purported be an attorney. The callers told the victim that her name had been entered into the lottery through a magazine subscription, but that the victim needed to pay fees and taxes before receiving her winnings. From October 31, 2014 to November 25, 2014, at the direction of the callers, the victim complied and mailed $282,600 in cash to various locations in Florida and Georgia, concealing the money in magazines and cereal boxes.
The family of the victim learned about the large withdrawals of money from the victim’s bank account and contacted the FBI. On March 6, 2015, the victim was instructed by the callers to send $150,000 in cash to an apartment in Orlando, Florida. On March 19, 2015, a third co-conspirator signed for and accepted the package upon delivery. Agents then executed a search warrant and recovered the package.
During the fraud scheme, Wilson, who was attending law school in Jamaica, had co-conspirators hold packages for her containing hundreds of thousands of dollars, which they had received from the victim in the United States. Wilson would then travel from Jamaica to retrieve the money or make arrangements for another co-conspirator to travel from Jamaica to do the same. Wilson then either transported the money, or clothes purchased with the victim’s money, back to Jamaica and delivered the items to the leaders of the scheme.
This case was investigated by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney James D. Mandolfo.
Indictment: Mail Carrier Stole Gift Cards from MailRead the Press Release
WICHITA, KAN. – A grand jury Thursday returned a federal indictment charging a mail carrier in Sheridan County with stealing mail, U.S. Attorney Tom Beall said.
James N. Stephenson, 25, Hoxie, Kan., is charged with one count of theft by a postal employee, one count of unlawful possession of 15 or more stolen gift cards and debit cards, and one count of aggravated identity theft. The crimes are alleged to have occurred from August 2016 to January 2017 in Sheridan County, Kan.
The indictment alleges Stephenson stole the cards from the mail while he worked for the Post Office in Hoxie. If convicted, he faces up to five years in federal prison, and a $250,000 fine on the theft charge, 10 years and a fine up to $250,000 on possession of the stolen cards, and a mandatory two years (consecutive) on the identity theft charge. The U.S. Postal Inspection Service – Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
OTHER INDICTMENTS
Davonte Chaney, 24, Lawrence, Kan., is charged with five counts of hiding and delaying mail while he was employed by the U.S. Postal Service and assigned to Rural Route 21 in Lawrence, Kan. The crimes are alleged to have occurred in May and June 2016 in Douglas County, Kan.
If convicted, he faces up to five years in federal prison and a fine up to $250,000 on each count. The U.S. Postal Service – Office of Inspector General investigated. Assistant U.S. Attorney Leon Patton is prosecuting.
Fabian Nahum-Aguirre, 36, a citizen of Mexico, Victor Butzoc-Ramirez, 20, a citizen of Guatemala, are charged with one count of possession with intent to distribute methamphetamine (count one), one count of possession with intent to distribute heroin (count two), one count of unlawful possession of a firearm in furtherance of drug trafficking (count three), and one count each of possession of a firearm by an illegal alien (counts four and five). The crimes are alleged to have occurred Feb. 7, 2017, in Sedgwick County.
If convicted, they face up 20 years in federal prison and a fine up to $1 million on counts one and two, not less than five years and a fine up to $250,000 on count three, and up to 10 years and a fine up to $250,000 on counts four and five. Immigration and Customs Enforcement’s Enforcement Removal Operations investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
Zoyla Vital-Chairez, 58, a citizen of Mexico, is charged with one count of making a false statement on a U.S. passport application (count one), one count of falsely claiming to be a U.S. citizen (count two), one count of misusing a Social Security number (count three), one count of possession of false documents (count five) and two counts of aggravated identity theft (counts four and six). The crimes are alleged to have occurred in 2015 and 2016 in Sedgwick County, Kan.
If convicted, he faces up to 10 years in federal prison and a fine up to $250,000 on count one, up to three years and a fine up to $250,000 on count two, up to five years and a fine up to $250,000 on count three, up to 15 years and a fine up to $250,000 on count five, and a mandatory two years (consecutive) on counts four and six. The U.S. Department of State investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Interpol Washington Collaborates with Indonesian PartnersRead the Press Release
On March 14 – 16, 2017, officials from INTERPOL Washington – U.S National Central Bureau (USNCB) met with their counterparts in Indonesia to participate in a Standard Operating Procedure (SOP) Workshop to assist INTERPOL Jakarta and Immigration with improving their submissions of Stolen and Lost Travel Documents (SLTD) to the INTERPOL SLTD database and use of INTERPOL tools and services for enhanced border screening capabilities.
INTERPOL Washington’s Office of the Chief Information Officer has partnered with the U.S. Department of State on a Southeast Asia Capacity Building Initiative. Indonesia is one of four countries targeted by the United States to receive assistance in upgrading their access to INTERPOL information sharing resources. The other countries are Thailand, Malaysia, and the Philippines. Funding provided by the State Department enables INTERPOL Washington to collaborate with member countries lacking the infrastructure, resources and funding to regularly submit Stolen and Lost Travel Documents (SLTD) to the INTERPOL SLTD database, or to integrate INTERPOL’s tools and services for automated border screening and national network connectivity to INTERPOL’s I-24/7 network.
INTERPOL Washington is implementing a standardized methodology for integrating the full suite of INTERPOL tools and services into each country’s existing national architecture. The integration will be done in three phases. First, INTERPOL Washington will assess what adjustments and equipment are required to enhance the country’s information sharing capabilities. Second, the initiative will enhance border or immigrations screening capabilities by integrating INTERPOL’s I-24/7 network allowing the country to seamlessly screen travelers against INTERPOL data during routine border or immigration encounters. Third, INTERPOL Washington will help the member country’s technical personnel to integrate I-24/7 services into their existing national immigration and border screening systems.
This initiative seeks to operationalize compliance with United Nations (UN) Security Council Resolution (UNSCR) 2178 section 13 and 14. The resolution encourages member countries to “… prevent the movement of terrorists or terrorist groups by effective border controls …” and to improve international, regional, and sub-regional cooperation through increased sharing of information.
Technical consultation services and assessments are being provided to each country by the INTERPOL Washington Development and Operations Team in collaboration with the INTERPOL General Secretariat. The consulting service is provided to the member country at no cost. The INTERPOL Washington Capacity Building initiative will expand the global use of the suite of INTERPOL tools and services for implementing effective border security safeguards and management techniques.
A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to the International Criminal Police Organization on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.
Hogansburg Man Pleads Guilty to Possession of Contraband CigarettesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Ian Tarbell, 44, of Hogansburg, NY, pleaded guilty to possession of contraband cigarettes before U.S. District Court Judge Richard J. Arcara. The charge carries a maximum sentence of five years in prison, a fine of $250,000, or both.
Assistant U.S. Attorney Russell T. Ippolito, Jr., who is handling the case, stated that the defendant was arrested on February 18, 2016, in Pembroke, NY, following a traffic stop by the Genesee County Sheriff’s Office. Tarbell was driving a truck that was pulling a trailer loaded with untaxed and unstamped cigarettes. In total, the defendant was transporting more than 900,000 unstamped and untaxed cigarettes.
The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge Ashan Benedict; the Genesee County Sheriff’s Office, under the direction of William A. Sheron, Jr.; and the New York State Department of Taxation and Finance, under the direction of Commissioner Thomas Mattox.
Sentencing is scheduled for June 23, 2017, at 1:00 p.m. before Judge Arcara.
Goodlettsville Man Indicted in Heroin Distribution ConspiracyRead the Press Release
Brian Wimsatt, 29, of Goodlettsville, Tennessee, was indicted by a federal grand jury yesterday and charged with conspiracy, possession and distribution of heroin, the use of which resulted in death, announced Jack Smith, Acting U.S. Attorney for the Middle District of Tennessee.
According to the indictment, on May 13, 2016, Wimsatt sold heroin to an individual who died shortly after using it. On May 17, 2016, Wimsatt was arrested by law enforcement officers and was again in possession of heroin.
Wimsatt is currently in custody and if convicted, he faces a mandatory minimum term of twenty years in prison up to life, and up to a $1,000,000 fine.
This case was investigated by the Drug Enforcement Administration; the 18th Judicial District Drug Task Force; and the Goodlettsville, Tenn. Police Department. The case is being prosecuted by Assistant U.S. Attorney Ahmed A. Safeeullah.
An indictment is merely an accusation. The defendant is presumed innocent unless and until proven guilty in a court of law.
Frederick County Man Sentenced to 25 Years in Federal Prison for Sexually Exploiting a Toddler to Produce Child PornographyRead the Press Release
Baltimore, Maryland – Chief U.S. District Judge Catherine C. Blake sentenced William H. Steinhaus IV, age 34, of Brunswick, Maryland, today to 25 years in prison, followed by lifetime supervised release, for sexual exploitation of a child to produce child pornography. Judge Blake also ordered that, upon his release from prison, Steinhaus must register as a sex offender in the place where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation; Frederick County Sheriff Charles A. “Chuck” Jenkins; Frederick County State’s Attorney J. Charles Smith; and Acting Chief Peter Newsham of the Metropolitan Police Department.
According to his plea agreement, between December 8 and 9, 2014, Steinhaus had a number of sexually explicit conversations on Kik, an instant messaging application, with other Kik users regarding their shared sexual interest in prepubescent children. Steinhaus took pictures using his iPhone or iPad of a two year old girl engaged in sexually explicit conduct and distributed them to approximately 25 other Kik users.
Steinhaus admitted that during those two days, he and another Kik user exchanged approximately 290 messages, including a discussion as to how Steinhaus could best sexually abuse the toddler. Also on December 8, 2014, Steinhaus and a second Kik user exchanged approximately 293 messages. Steinhaus sent both users images of the child and Steinhaus engaged in sexually explicit conduct; and pictures of a couch, stating to the first user “That’s where tw[sic] assault will happen,” and to the second, “That’s where the assault is going to happen.”
According to his plea agreement, between December 8 and 9, 2014, Steinhaus exchanged approximately 419 messages on Kik with an undercover law enforcement officer, whom Steinhaus had emailed earlier on December 8, 2014. Steinhaus sent the undercover officer approximately 30 pictures he had taken of the toddler, several of which contained images of the child and Steinhaus engaged in sexually explicit conduct.
Through emergency legal requests, on December 9, 2014, officers identified Steinhaus as the subscriber to the Kik and Yahoo accounts used to communicate with the undercover officer. Officers began surveillance of Steinhaus’ residence in advance of the execution of a search warrant. During the surveillance, Steinhaus began sending the undercover officer images of himself with the victim in the background. Steinhaus told the undercover officer that he would be alone with the victim and would continue the sexual abuse of the child. Officers used a ruse to get Steinhaus out of the residence. Steinhaus came out of the house with his iPhone, and the officers identified themselves. Steinhaus fought with the officers as they tried to secure his iPhone, but they were able to secure and access the device. Steinhaus was arrested and the victim was rescued by the officers.
Nine of the Kik users to whom Steinhaus sent photographs of the victim were arrested and charged – seven of them federally. Of the federal defendants, five have pleaded guilty to distribution, possession, or transportation of child pornography and two other have charges pending. Three of the convicted defendants were sentenced to between five and 10 years in federal prison and the two defendants are awaiting sentencing.
As part of his plea agreement in the federal case, Steinhaus pleaded guilty to related charges filed against him in the Circuit Court for Frederick County, Maryland, and is scheduled to be sentenced on those charges on March 21, 2017, at 9:00 a.m.
The case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about internet safety education, please visit www.justice.gov/psc and click on the "resources" tab on the left of the page.
United States Attorney Rod J. Rosenstein commended the FBI, Frederick County Sheriff’s Office, Frederick County State’s Attorney’s Office and Metropolitan Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Zachary A. Myers and Judson T. Mihok, who prosecuted the case.
Former project manager at Wilhelm construction sentenced in fraud schemeRead the Press Release
Embezzled nearly $2.7 million from local construction company.
PRESS RELEASE
Indianapolis - United States Attorney Josh J. Minkler announced today the sentencing of a Greenwood man for fraud and filing false tax returns. Troy L. Sissom, 53, Greenwood, Indiana, was sentenced to 41 months in federal prison by U.S. District Judge Sarah Evans Barker.
“Internal theft costs all consumers through higher prices on goods and services,” said Minkler. “Fraud, tax evasion, and other white collar crimes, are offenses which ultimately take money out of the pockets of hard working Hoosiers and such crimes will be aggressively prosecuted by this office.”
Sissom was employed by the F.A. Wilhelm Construction Company (WCC) as a project manager. His responsibilities there included creating estimates for jobs, overseeing the financial aspects of construction projects, and approving material purchases for his projects.
In 2003, Sissom created a corporation named LTEE Source and rented a commercial UPS mailbox under that name. Between 2003 and 2015, Sissom created 185 false invoices in the name of LTEE and submitted them to the accounting department at WCC for payment. These invoices were for materials purported to have been for construction projects supervised by Sissom. WCC would then mail the checks for payment of the fraudulent invoices to Sissom’s UPS mailbox. Sissom would then deposit the checks into an account he opened under the LTEE name and used the money for his own purposes.
The estimated loss to WCC was over $2.7 million. Tax loss to the IRS was over $381,000.
This case was investigated by the Internal Revenue Service-Criminal Investigation and the United States Postal Inspection Service.
"IRS-Criminal Investigation is committed to stopping criminals engaged in tax fraud,” said Special Agent in Charge of IRS-Criminal Investigation, James D. Robnett. "The investigation of Mr. Sissom proves no matter how hard criminals try to hide their fraud, IRS-CI special agents will uncover it."
“Protecting the public is a core function of the U.S. Postal Inspection Service," said Patricia Armstrong, Acting Inspector in Charge of the U.S. Postal Inspection Service's Detroit Division. "This case shows our diligence in pursuing criminal schemes and ruining a fraudster's ability to continue them."
According to Assistant United States Attorney James M. Warden who prosecuted this case for the government, Sissom must serve two years of supervised release following his sentence make full restitution to Wilhelm Construction and pay the entire tax liability to the government.
Former Pharmacy Technician from Carlsbad Sentenced for Misdemeanor Crime for Unlawful Possession of OxycodoneRead the Press Release
ALBUQUERQUE – Amber Kay Otero, 31, of Carlsbad, N.M., was sentenced yesterday in federal court in Las Cruces, N.M., to two years of probation for her conviction on a misdemeanor charge of unlawfully possessing a controlled substance. Otero also was ordered to perform 80 hours of community service and to pay a $1,000.00 fine.
Otero was arrested on Sept. 23, 2016, following an investigation initiated after the DEA received a report of theft or loss of controlled substances from the Southwest Pharmacy located at 2402 West Pierce Street in Carlsbad. According to the criminal complaint, Otero was employed as a pharmacy technician at Southwest Pharmacy and allegedly stole approximately 20,344 oxycodone tablets of various strengths.
On Dec. 20, 2016, Otero pled guilty to a misdemeanor information charging her with unlawful possession of a controlled substance. In entering the guilty plea, Otero admitted that from May 2012 through April 2015, she was employed as a pharmacy technician at the Southwest Pharmacy in Eddy County, N.M. She further admitted that on Jan. 15, 2015, she intentionally took oxycodone pills from a bottle at Southwest Pharmacy for her own consumption.
This case was investigated by the DEA’s Tactical Diversion Squad in El Paso, Texas, and the Pecos Valley Drug Task Force.
DEA’s Tactical Diversion Squads combine DEA resources with those of federal, state and local law enforcement agencies in an innovative effort to investigate, disrupt and dismantle those suspected of violating the Controlled Substances Act or other appropriate federal, state or local statutes pertaining to the diversion of licit pharmaceutical controlled substances or listed chemicals.
The Pecos Valley Drug Task Force is comprised of officers from the Eddy County Sheriff’s Office, Carlsbad Police Department and Artesia Police Department and is part of the HIDTA Region VI Drug Task Force. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
Assistant U.S. Attorney Matthew Beck of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, 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.
Former NC Superior Court Judge Arnold O. Jones, II Pleads Guilty to Felony Payment of Gratuity to a Public OfficialRead the Press Release
RALEIGH – United States Attorney John Stuart Bruce announced that today in federal court before United States District Judge Terrence W. Boyle, former North Carolina Superior Court Judge ARNOLD OGDEN JONES, II pled guilty to Promising and Paying Gratuities to a Public Official, in violation of Title 18, United States Code, Section 201(c)(1)(A).
During the hearing on the defendant’s guilty plea, the Government summarized the evidence supporting the defendant’s guilty plea. The evidence established that between October 10, 2015 and November 3, 2015 JONES gave, offered, and promised cases of beer and $100 to a Federal Bureau of Investigation Task Force Officer in contemplation of the Task Force Officer’s act of compelling Verizon to produce JONES’s wife’s text messages in order to disclose those messages to JONES, even though JONES was not permitted to receive them by law.
The evidence showed that, as a judge, JONES was familiar with the processes and procedures law enforcement must undertake to obtain private text message content, including the need for the FBI to have an ongoing investigation and a legitimate law enforcement need for such text content. The evidence established that JONES desired the text messages to investigate his suspicions that his wife was having an affair. Multiple recorded conversations established JONES’s desire to conceal the FBI Task Force Officer’s involvement in obtaining the texts. JONES agreed to destroy evidence of the crime, including a disk that purported to contain the text messages and text messages coordinating the exchange of cash and a disk. The evidence also included a video of JONES exchanging the cash and disk on the steps of the Wayne County Courthouse in his judicial robe. No text messages were obtained or delivered to JONES.
At sentencing, on the charge of Promise and Payment of Gratuities to a Public Official, the defendant faces not more than 2 years in prison and up to $250,000 in fines.
The Federal Bureau of Investigation conducted the investigation of this case. Assistant United States Attorneys William M. Gilmore and Adam F. Hulbig prosecuted the case on behalf of the government.
Former Corrections Officer Sentenced to 18 Months for Attempted Possession of a Controlled SubstanceRead the Press Release
St. Croix, USVI – Chief District Court Judge Wilma A. Lewis on March 15, 2017, sentenced Kalomi Kambui, 41, of St. Croix, to 18 months in prison for attempted possession of a controlled substance, Acting United States Attorney Joycelyn Hewlett announced. Judge Lewis also sentenced Kambui to three years of supervised release and ordered her to pay a fine of $500 and a special assessment of $100.
On September 20, 2016, Kambui pleaded guilty to attempted possession of a controlled substance. According to documents filed in court, on June 12, 2013, while she was employed as a corrections officer at Golden Grove Adult Correctional Facility (Golden Grove), Kambui accepted what she believed to be ecstasy pills, along with payment, for the purpose of delivering the pills to an inmate inside Golden Grove. Ecstasy is a street name for the controlled substance methamphetamine.
The case was investigated by the U.S. Drug Enforcement Administration and the Federal Bureau of Investigations. It was prosecuted by Assistant U.S. Attorney Alphonso G. Andrews, Jr.
Former Cashier Sentenced for Defrauding WalmartRead the Press Release
Contact Person: Jamie Schoen (864) 282-2100
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Kianna Kateri Spurgeon, age 25, of Greenville, South Carolina, was sentenced today in federal court in Anderson, South Carolina, for Access Device Fraud, a violation of 18 U.S.C. § 1029. United States District Judge Timothy M. Cain of Anderson, sentenced Spurgeon to three years’ probation, community service, and repayment of restitution.
Evidence presented at the change of plea hearing established that when Spurgeon worked as a cashier, she loaded $10,900.00 of Walmart’s money onto cards possessed by a co-defendant. Spurgeon performed the transactions without receiving any payment for the money credited on the cards.
The case was investigated by agents of the FBI. Assistant United States Attorney Jeanne Howard of the Greenville office prosecuted the case.
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Former Bank Employee Pleads Guilty to Federal Bank Robbery Charge Arising Out of Robbery of Bank in Taos CountyRead the Press Release
ALBUQUERQUE – Jennifer Marissa Miera, 23, of Questa, N.M., pled guilty yesterday in federal court in Albuquerque, N.M., to a federal bank robbery charge. The guilty plea was announced by Acting U.S. Attorney James D. Tierney, Special Agent in Charge Terry Wade of the Albuquerque Division of the FBI and Sheriff Jerry L Hogrefe of the Taos County Sheriff’s Department.
Miera and co-defendants Troy Montoya, 24, of Espanola, N.M., and Shawn Michael Goodrum, Jr., 20, of Pima, Ariz., were arrested in Oct. 2016, on a criminal complaint charging them with offenses arising out of the robbery of the People’s Bank located at 121 East Main Street in Red River, N.M., on Oct. 6, 2016.
According to the complaint, Miera conspired with Montoya to rob the bank by planning the robbery and purchasing items used to carry out the robbery, including gloves and medical masks, on Oct. 5, 2016. It further alleged that Miera and Montoya robbed the bank on Oct. 6, 2016. At the time, Miera was employed as a personal banker by the bank. The complaint alleged that Miera had attempted unsuccessfully to solicit Goodrum’s participation in the bank robbery conspiracy. Instead, Goodrum allegedly blackmailed Miera into giving him part of the proceeds from the robbery by threatening to report her role in the robbery to the police.
Miera, Montoya and Goodrum were indicted on Nov. 1, 2016. The three-count indictment charged Miera and Montoya with conspiracy to rob the bank and with bank robbery, and Goodrum with receiving proceeds from the bank robbery. According to the indictment, the defendants committed the crimes in Taos County, N.M.
During yesterday’s proceedings, Miera pled guilty to Counts 1 and 2 of the indictment charging her with conspiracy and bank robbery without the benefit of a plea agreement. At sentencing, Miera faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
Montoya and Goodrum have entered pleas of not guilty to the charges in the indictment and are pending trial, which currently is scheduled for April 7, 2017 in Santa Fe, N.M. Charges in criminal complaints and indictment are merely accusations. Criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Albuquerque office of the FBI and the Taos County Sheriff’s Office, and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.
Former Attorney and U.S. Marine Sentenced to 40 Years in Prison in Vallejo KidnappingRead the Press Release
SACRAMENTO, Calif. — Matthew Muller, 39, of South Lake Tahoe, was sentenced today to 40 years in prison by U.S. District Judge Troy L. Nunley, United States Attorney Phillip A. Talbert announced.
According to court documents, between 3:00 a.m. and 5:00 a.m. on March 23, 2015, in Vallejo, Muller broke into the Mare Island home of Aaron Quinn and Denise Huskins. Armed with a stun gun and a simulated firearm with a laser sight, Muller ordered the victims to lie still while he bound them, blindfolded them, and forced them to drink a sedative. Muller played the victims a prerecorded message, which threatened that any noncompliance would be punished by face cutting or electric shock. Muller then placed Ms. Huskins in the trunk of a car and drove her to his residence in South Lake Tahoe. Once there, Muller kept her under his complete control, at times bound and blindfolded. Muller sent Mr. Quinn two emails demanding ransom for a total of $17,000. Muller released Ms. Huskins on March 25, 2015 in Huntington Beach, with no ransom ever being paid.
During and after the kidnapping, Muller sent emails to a reporter in San Francisco that falsely claimed, among other things, that the kidnapping had been carried out by a group of elite criminals who were perfecting their kidnapping-for-ransom tactics.
The case remained unsolved until after June 8, 2015, when Dublin Police Services of the Alameda County Sheriff’s Department arrested Muller and searched his South Lake Tahoe residence. The officers had been investigating a home invasion burglary, which led them to Muller’s residence where they located and seized evidence related to the Vallejo kidnapping.
The FBI then conducted its own follow-up investigation and searches that included Muller’s South Lake Tahoe residence, a vehicle in Reno, two other residences, and Muller’s Vallejo storage locker. The storage locker, which contained aerial drones referred to in Muller’s email to the media, had been located by an officer of the Vallejo Police Department.
FBI analysis of Muller’s computers uncovered a sound recording that simulated people whispering to each other and a sound recording consistent with the instructions given to Mr. Quinn and Ms. Huskins. FBI analysts also discovered video recordings of Muller together with Ms. Huskins in his South Lake Tahoe residence. She was blindfolded and fully under Muller’s control. FBI analysts also discovered video recordings of Muller in his South Lake Tahoe residence arranging cameras in a bedroom, trying out their viewing angles, and then twice sexually assaulting the blindfolded Ms. Huskins.
In sentencing Muller, Judge Nunley referred to the defendant’s actions as heinous and held him responsible for his actions.
U.S. Attorney Talbert said, “The sentence imposed today reflects the egregiousness of Muller’s conduct in this case. Muller had advantages in life that most people only dream of, yet he used his considerable intelligence to plan and execute the physical assault and psychological torture of two innocent strangers. It is difficult to imagine the level of suffering that Muller inflicted on his victims. The sentence handed down today takes into account that suffering and strives to ensure that Muller will never again commit such crimes.”
U.S. Attorney Talbert also said, “This serious violent crime was solved because Alameda County authorities responded so effectively to the Dublin burglary and then provided the evidence necessary for the effective federal investigation and prosecution of this case. The quality of local and federal investigative work is reflected in Muller’s two criminal convictions in Alameda County and in the Eastern District of California. I am grateful for the outstanding cooperation between the FBI, the Alameda County Sheriff’s Department, the Alameda County District Attorney, and the Vallejo Police Department.”
This case was the product of an investigation by the FBI, the Dublin Police Services of the Alameda County Sheriff’s Department, and the Vallejo Police Department. Assistant U.S. Attorneys Matthew D. Segal and Heiko P. Coppola prosecuted the case.
Florida Man Sentenced to over 6 Years for Fraudulently Seeking $470,000 in Tax Refunds, Retaliating Against IRS Officials with LiensRead the Press Release
LOS ANGELES – A Florida man who filed fraudulent tax returns that sought approximately $470,000 with the Internal Revenue Service – and then filed bogus false liens to retaliate against IRS employees who refused to pay his frivolous claims – has been sentenced to 77 months in federal prison.
Taquan Gullett, who also used the name “Maalik Rashe El,” 38, of Jacksonville, Florida, was sentenced yesterday afternoon by United States District Judge Christina Snyder.
Gullett was convicted in August of two counts of making false claims against the United States and two counts of retaliating against a federal employee by attempting to file a false lien or encumbrance.
The evidence presented at trial showed that Gullett filed a 2009 income tax return, in which he claimed that he earned $52,591 in wages as an exercise physiologist and falsely stated that he generated $221,306 in interest income, all of which had been withheld as federal income tax payments. Gullett therefore claimed that he was due a tax refund of $149,296, and requested that the refund be paid to his account at a Los Angeles-based credit union. Gullett also submitted to the IRS several fake Forms 1099, many of which were handwritten by Gullett, to support his fraudulent tax refund claim.
Once the IRS determined that Gullet’s 2009 tax return was frivolous and denied his claim for refund, Gullett retaliated by filing a “commercial lien” with the California Secretary of State. In the purported lien, Gullett falsely asserted that the Treasury Inspector General for Tax Administration, the then-IRS Commissioner and other IRS employees owed him over $20 million for his “lawful 2009 claim refund.”
After the IRS denied the 2009 refund claim because his tax return was frivolous, Gullett attempted the same scheme again by filing a fraudulent 2010 tax return that sought a refund of $320,336. Ultimately, Gullett’s 2010 tax return was also deemed frivolous by the IRS, and a frivolous return penalty was assessed.
Gullett “has a long history of attempting to retaliate against or harass other government employees, law enforcement, and court personnel by filing false liens and frivolous lawsuits,” prosecutors wrote in sentencing papers filed with the court. Prosecutors noted that Gullett filed other liens with the California Secretary of State and the Recorder of Deeds in Washington D.C. that claimed the Treasury Inspector General for Tax Administration, the then-IRS Commissioner and other IRS employees owed him more than $20 million. He also filed a $37 million lien against Los Angeles Police officers and the clerk of the Los Angeles Superior Court after he was arrested several years ago.
“Finally, on July 20, 2016, just a few days before trial in this case was scheduled to begin, defendant filed a civil action in this district in which he named the Court, government counsel, and 25 others as defendants,” according to the government sentencing memo. “Defendant’s frivolous and incomprehensible complaint appeared to seek between 550 million and 600 billion dollars in damages and alleged, among other things, that the Court, government counsel, and others engaged in genocide, slavery, and treason.”
The case against Gullett was investigated by IRS Criminal Investigation and the Treasury Inspector General for Tax Administration.
This matter was prosecuted by Assistant United States Attorney Julian L. André.
Financial Advisor Sentenced for Operating $21M Ponzi Scheme, Stealing Investors' Money, Tax FraudRead the Press Release
PROVIDENCE, R.I. – Patrick E. Churchville, 48, owner and president of ClearPath Wealth Management, LLC, formerly located in Providence and Barrington R.I., was sentenced today to 84 months in federal prison for orchestrating a $21 million dollar Ponzi scheme that deceived more than 110 investors; stealing $2.5 million dollars of investors’ funds to purchase a waterfront home; and failing to pay more than $820,000 in personal federal income taxes.
At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Churchville to serve 3 years supervised release and to perform 2,000 hours of community service upon completion of his prison term. Churchville pleaded guilty on August 4, 2016, to five counts of wire fraud and one count of tax fraud.
Churchville’s sentence is announced by Acting United States Attorney Stephen G. Dambruch; Harold H. Shaw, Special Agent in Charge of the Boston Field Office of the FBI; Joel P. Garland, Special Agent in Charge of IRS Criminal Investigation; and Shelly A. Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division.
An investigation by the FBI, IRS Criminal Investigation, U.S. Postal Inspection Service and the United States Attorney’s Office determined that from the spring of 2008 through October 2011, Churchville and ClearPath, on behalf of their client investors, invested approximately $18 million dollars in JER Receivables, an entity incorporated in Maryland. At the time of his guilty plea, Churchville admitted to the court that in June 2010, he became aware that the investments with JER were no longer producing returns and that ClearPath had been subjected to fraudulent and misleading representations by the principals of JER. He failed to notify his client investors that he had lost millions of dollars of invested funds.
Churchville admitted that in order to hide the fact that he had lost millions of dollars of client investor funds through his dealings with JER Receivables, and to continue to operate his business and reap his investment fees, he misappropriated approximately $21 million dollars of investment money. Churchville admitted that he misused investor money already under his control and obtained new investor funds. He used this money to pay back the JER investors and told them, falsely, that the money was the return on their investments. Churchville admitted to induce new investments to carry out the schemes, he lied and told investors that ClearPath’s previous investments with JER Receivables had been successful and produced high rates of return.
Additionally, the investigation determined that in 2011, Churchville created a scheme to obtain $2.5 million dollars, using investors’ funds as collateral without their knowledge, to purchase a personal residence in Barrington. Churchville failed to report the $2.5 million dollars as income on his personal tax returns, resulting in a loss to the IRS of $820,528.
Churchville, who has been in court-ordered home detention with GPS electronic monitoring since the date of his guilty plea, was ordered by Chief Judge William E. Smith to self-surrender to begin serving his prison term by April 10, 2017.
A Restitution Order will be issued by the Court at a later date.
The case was prosecuted by Assistant U.S. Attorney Dulce Donovan.
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Felon with A Gun Sentenced in Federal CourtRead the Press Release
Acting United States Attorney Steven E. Butler of the Southern District of Alabama announced that George Ralph Leverette, Jr., 45, of Satsuma, was sentenced today in federal court on the charge of felon in possession of a firearm. Leverette pled guilty to that charge in December of 2016.
United States District Court Judge Callie V. S. Granade imposed a sentence of 21 months imprisonment, followed by a three-year term of supervised release. Leverette was ordered to pay a special mandatory assessment of $100, and no fine was imposed.
The case was investigated by the Saraland Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Federal Jury Convicts Man in Conspiracy to Illegally Manufacture Firearms That Were Sent to MexicoRead the Press Release
DALLAS — Following a one-week trial before U.S. District Judge Sam A. Lindsay, a federal jury convicted Gary Busby, 63, formerly of Flower Mound, Texas, on one count of conspiracy to manufacture firearms without a license and four counts of structuring transactions to evade reporting requirements, announced U.S. Attorney John Parker of the Northern District of Texas.
Specifically, in December 2010, Busby met an individual at a gun show and sold him firearms knowing he did not have federal firearms licenses (FFL). Busby agreed to manufacture AR-15 and AK stripped receivers into fully functional firearms in a series of transactions until December 2011. At some time during that period, Busby became aware that the firearms he was manufacturing, and the firearms he agreed to manufacture, had and would be sent to Mexico.
In January 2011, officers with the Hidalgo Police Department recovered fifteen firearms, hidden in a gas tank of a vehicle attempting to enter Mexico. Seven of those firearms were traced directly to the conspirators in this case, including Gary Busby.
In February 2011, officers with the Fort Worth Police Department saw Busby at a gun show negotiating gun purchases for this individual. Busby would contact potential sellers and negotiate the price. A firearm purchased at this gun show was later recovered in Mexico.
During a search of Busby’s residence in July 2011, federal agents catalogued all the firearms and ammunition at the residence. That same day, Busby signed a letter putting him on notice that he was to cease and desist in engaging in the business of selling firearms without a license and advising him that several of the firearms he had sold had been recovered during criminal activities. In spite of the notification, one of the firearms catalogued that day at Busby’s residence was later found in Mexico by authorities.
Over the course of 2010 and 2011, evidence showed that Gary Busby manufactured hundreds of AR-15 and AK firearm receivers into fully functional firearms and made thousands of dollars doing so. Law enforcement found approximately fifty of those firearms as they were being smuggled into or recovered in Mexico. The government also presented evidence showing that Busby lied on ATF forms related to firearm purchases, specifically of receivers, by stating that he was the actual buyer of the receiver, knowing that he would sell or trade that receiver to third parties.
Evidence also showed that from approximately December 2010 to September 2012, Busby purchased hundreds of postal money orders at dozens of post offices in the Dallas-Fort Worth area, in an effort to hide the proceeds of his illegal firearm activity. Busby would only purchase two $1,000 money orders at a time at one post office, using cash, and would travel to up to six post offices in one day, purchasing $2,000 in money orders at each. Doing so, he was knowingly evading the federal reporting requirement for when a customer purchases $3,000 or more in money orders. In 2011 alone, Busby purchased approximately $236,000 in postal money orders, in order to hide the money made manufacturing firearms. Evidence presented to the jury showed that he knowingly structured these cash transactions.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the U.S. Postal Inspection Service investigated. Assistant U.S. Attorney Kate Rumsey and First Assistant U.S. Attorney Chad Meacham are in charge of the prosecution.
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Federal Grand Jury IndictmentsRead the Press Release
Contact Person: Lance Crick (864) 282-2105
United States Attorney Beth Drake stated today that a Federal Grand Jury in Greenville, South Carolina, returned Indictments against the following:
North Carolina Resident Indicted on VA Theft. Nikki M. Williamson, age 44, of Gastonia, North Carolina, was charged in a one-count indictment with theft of government funds, a violation of Title 18, United States Code, Section 641. The maximum penalty Williamson could receive is a fine of $250,000 and/or imprisonment of 10 years. This case was investigated by agents of the Department of Veterans Affairs, Office of Inspector General, and is assigned to Assistant United States Attorney William J. Watkins, Jr., of the Greenville office for prosecution.
Illegal Alien Indicted on Federal Gun Charge. Mario Josue Hernandez-Padilla, age 24, of Honduras, was charged in a one-count indictment with possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(5). The maximum penalty Hernandez-Padilla could receive is a fine of $250,000.00 and/or imprisonment of 10 years. This case was investigated by agents of ICE-Homeland Security Investigations and is assigned to Assistant United States Attorney David C. Stephens of the Greenville office for prosecution.
Spartanburg Man Indicted on Federal Gun and Drug Charges. Jamarr Shavarya Brown, age 26, of Spartanburg, South Carolina, was charged in a three-count indictment with possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1); possession with the intent to distribute cocaine base (crack), a violation of Title 21, United States Code, Section 841(a)(1); and possession of a firearm in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1)(A). The maximum penalty Brown could face is a fine of $1,500,000.00 and/or imprisonment of 35 years. This case was investigated by the Spartanburg County Sheriff’s Office and the Bureau of Alcohol, Tobacco and Firearms and is being prosecuted by Special Assistant United States Attorney Jennifer Wells of the Greenville office.
Boiling Springs Man Indicted on Federal Gun Charge. Shantrese Demarkeds Young, age 25, of Boiling Springs, South Carolina, was charged in a one-count indictment with possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1). The maximum penalty Young could face is a fine of $250,000.00 and/or imprisonment of 10 years. This case was investigated by the Spartanburg County Sheriff’s Office and the Bureau of Alcohol, Tobacco and Firearms and is being prosecuted by Special Assistant United States Attorney Jennifer Wells of the Greenville office.
Cowpens Man Indicted on Federal Gun Charge. Adam Noel Cobb, age 37, of Cowpens, South Carolina, was charged in a one-count indictment with possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(9). The maximum penalty Cobb could face is a fine of $250,000.00 and/or imprisonment of 10 years. This case was investigated by the Spartanburg County Sheriff’s Office and the Bureau of Alcohol, Tobacco and Firearms and is being prosecuted by Special Assistant United States Attorney Jennifer Wells of the Greenville office.
Greer Man Indicted on Federal Gun and Drug Charges. Tyrone Chadrick Grady, age 32, of Greer, South Carolina, was charged in a two-count indictment with possession of firearms and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1); and possession with the intent to distribute cocaine, a violation of Title 21, United States Code, Section 841(a)(1). The maximum penalty Grady could face is a fine of $1,000,000.00 and/or imprisonment of 20 years. The case was investigated by the Greenville County Sheriff’s Office and the Bureau of Alcohol, Tobacco and Firearms and is being prosecuted by Assistant United States Attorney Joe Brewer of the Greenville office.
Greenville Man Indicted on Federal Gun Charge. Travis Lee Nixon, age 26, of Greenville, South Carolina, was charged in a one-count indictment with possession of a firearm by a person after being convicted of a federal offense, a violation of Title 18, United States Code, Section 922(g)(1). The maximum penalty Nixon could face is a fine of $250,000.00 and/or imprisonment of 10 years. This case was investigated by the Greenville Police Department and the Bureau of Alcohol, Tobacco and Firearms and is being prosecuted by Assistant United States Attorney Joe Brewer of the Greenville office.
Greenville Man Indicted on Federal Gun and Drug Charges. Cleveland Harris Watkins, II, age 34, of Greenville, South Carolina, was charged in a five-count indictment with possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1); possession with the intent to distribute heroin, a violation of Title 21, United States Code, Section 841(a)(1); and possession of a firearm in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1)(A). The maximum penalty Watkins could face is a fine of $1,000,000.00 and/or a minimum term of imprisonment of 5 years up to a maximum term of life. This case was investigated by the Greenville Police Department and the Bureau of Alcohol, Tobacco and Firearms and is being prosecuted by Assistant United States Attorney Joe Brewer of the Greenville office.
Anderson Group Indicted on Federal Gun and Drug Charges. Shemika Alfrida Parson Williams, age 35, Kevin Lynn Hargraves, age 32, and Johnny Lee Smith, age 26, all of Anderson, South Carolina, were charged in a four-count indictment with possession of firearms by prohibited persons, a violation of Title 18, United States Code, Section 922(g)(1); conspiracy possession with the intent to distribute and distribution of methamphetamine, a violation of Title 21, United States Code, Sections 841(a)(1) and 846; and possession of a firearm in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1)(A). The maximum penalty they could face is a fine of $10,000,000.00 and/or a minimum term of imprisonment of 10 years and a maximum term of life. This case was investigated by the Anderson Police Department and the Bureau of Alcohol, Tobacco and Firearms and is being prosecuted by Assistant United States Attorney Joe Brewer of the Greenville office.
Walhalla Man Indicted on Federal Gun and Drug Charges. Matthew Vinson Leopard, age 38, of Walhalla, South Carolina, was charged in a four-count indictment with possession of firearms by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1); possession with the intent to distribute methamphetamine, a violation of Title 21, United States Code, Section 841(a)(1); and possession of firearms in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1)(A). The maximum penalty Leopard could face is a fine of $5,000,000.00 00 and/or a minimum term of imprisonment of 5 years up to a maximum term of life. This case was investigated by the Anderson County Sheriff’s Office and the Bureau of Alcohol, Tobacco and Firearms and is being prosecuted by Assistant United States Attorney Joe Brewer of the Greenville office.
Two Norcross, Georgia Men and A Greenville Man and Woman Indicted on Federal Gun and Drug Charges. Diego Javier Beltran, age 35, and Savannah Rose Schwarz , age 19, both of Greenville, South Carolina, and Fermin Mata-Bustos, age 29, and Manuel De Jesus Gordillo-Escandon, age 23, both of Norcross, Georgia, were charged in a four-count indictment with conspiracy to possess with the intent to distribute and distribution of methamphetamine, a violation of Title 21, United States Code, Section 846; and possession with the intent to distribute methamphetamine, a violation of Title 21, United States Code, Section 841(a)(1). Beltran, Mata-Bustos, and Gordillo-Escandon were also charged with possession of firearms in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1)(A). The maximum penalty Beltran, Mata-Bustos, and Gordillo-Escandon could face is a fine of $5,000,000.00 00 and/or a minimum term of imprisonment of 5 years up to a maximum term of life. The maximum penalty Schwarz could face is a fine of $1,000,000.00 and/or imprisonment of 20 years. This case was investigated by the Union County Sheriff’s Office and ICE–Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Joe Brewer of the Greenville office.
Kinards Man Indicted on Federal Gun Charge. James Andrew Gardner, age 27, of Kinards, South Carolina, is charged in a one-count indictment with felon in possession of a firearm and ammunition, a violation of Title 18, United States Code, Section 922(g)(1). The maximum possible penalty Gardner could receive is a fine of $250,000.00 and/or imprisonment of 10 years. This case was investigated by agents of the Laurens County Sheriff’s Office and the Bureau of Alcohol, Tobacco and Firearms, and is being prosecuted by Assistant United States Attorney Max Cauthen of the Greenville office.
Piedmont Man Indicted on Federal Gun Charge. Tarrance Dieon Albert, age 42, of Piedmont, South Carolina, is charged in a one-count indictment with felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g)(1). The maximum possible penalty Albert could receive is a fine of $250,000.00 and/or imprisonment of 10 years. This case was investigated by agents of the Greenville County Sheriff’s Office and the Bureau of Alcohol, Tobacco and Firearms, and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.
Travelers Rest Man Indicted on Federal Gun Charge. Billy Raymond Emery, age 48, of Travelers Rest, South Carolina, is charged in a one-count indictment with felon in possession of firearms, a violation of Title 18, United States Code, Section 922(g)(1). The maximum possible penalty Emery could receive is a fine of $250,000.00 and/or imprisonment of 10 years. This case was investigated by agents of the Greenville County Sheriff’s Office and the Bureau of Alcohol, Tobacco and Firearms, and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.
Westminster Man Indicted on Federal Gun Charge. Matthew Blake Sosby, age 43, of Westminster, South Carolina, is charged in a one-count indictment with felon in possession of a firearm, a violation of Title 18, United States Code, Section 922(g)(1). The maximum possible penalty Sosby could receive is a fine of $250,000.00 and/or imprisonment of 10 years. This case was investigated by agents of the Oconee County Sheriff’s Office and the Bureau of Alcohol, Tobacco and Firearms, and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.
Inman Man Indicted on Bank Robbery Charge. Justin Ashley Bott, age 45, of Inman, South Carolina, is charged in a one-count indictment with bank robbery, a violation of Title 18, United States Code, Section 2113. The maximum possible penalty Bott could receive is a fine of $250,000.00 and/or imprisonment of 20 years. This case was investigated by agents of the Lyman Police Department and the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.
Honea Path Man Indicted on Federal Gun Charge. Edisto Hulon Patton, age 36, of Honea Path, South Carolina, is charged in a one-count indictment with felon in possession of firearms and ammunition, a violation of Title 18, United States Code, Section 922(g)(1). The maximum possible penalty Patton could receive is a fine of $250,000.00 and/or imprisonment of 10 years. This case was investigated by agents of the Anderson Police Department and the Bureau of Alcohol, Tobacco and Firearms, and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.
Greenwood Man and Mother Indicted on Federal Drug Charges. Demetris Antwon Goode, age 32, and his mother, Malissa Ann Goode, age 53, of Greenwood, South Carolina, were charged in a four-count indictment alleging one count of conspiracy to possess with intent to distribute cocaine, a violation of Title 21, United States Code, Section 846; and three counts of possession with intent to distribute and distribution of cocaine, a violation of Title 21, United States Code, Section 841(a)(1). Demetris Goode is facing a mandatory minimum sentence of 10 years imprisonment with a maximum sentence of life imprisonment and a fine of $10,000,000.00. The maximum penalty Malissa Ann Goode could face is 20 years imprisonment and a fine of $1,000,000.00. This case was investigated by the Greenwood Police Department and the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.
Greenwood Man Indicted on Federal Gun and Drug Charges. Winston Dennis Hill, Jr., age 32, of Greenwood, South Carolina, was charged in a six count indictment with two counts of possession of a firearm and ammunition by a prohibited person, a violation of Title 18, United States Code, Section 922(g)(1); two counts of possession with the intent to distribute controlled substances including, cocaine, cocaine base (crack), and marijuana, a violation of Title 21, United States Code, Section 841(a)(1); and two counts of possession of a firearm in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1)(A). Hill is facing a mandatory minimum sentence of 5 years imprisonment with a maximum sentence of life imprisonment and a fine of $1,000,000.00. This case was investigated by the Greenwood Police Department and the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Jeanne Howard of the Greenville office.
The United States Attorney stated that all charges in these indictments are merely accusations and that all defendants are presumed innocent until and unless proven guilty.#####
Federal Grand Jury IndictmentRead the Press Release
Contact Person: Lance Crick (864) 282-2105
United States Attorney Beth Drake stated today that a Federal Grand Jury in Charleston, South Carolina, returned an Indictment against the following:
Ladson Man Indicted on Drug Charges. Robert Bryan Mansfield, age 60, of Ladson, South Carolina, was charged in a one-count indictment with conspiracy to possess with intent to distribute and to distribute fentanyl, a violation of Title 21, United States Code, Section 841(a)(1). The maximum penalty Mansfield could face is a fine of $10,000,000.00 and/or imprisonment for life. The case was investigated by ICE-Homeland Security Investigations, as well as the Drug Enforcement Administration, United States Postal Inspection Service, Dorchester County Sheriff’s Office and Charleston County Sheriff’s Office and is being prosecuted by Assistant United States Attorney Nick Bianchi of the Charleston office.
The United States Attorney stated that all charges in this Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
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Federal Charges Filed Against Illegal Alien in Connection with Fatal ShootingRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey Amundson announced that a federal criminal complaint has been filed against OCTAVIO BRINGAS‐POSADAS, 49, of Baton Rouge, Louisiana, for possession of a firearm by a prohibited person and illegal re‐entry into the United States by a removed alien.
According to the complaint, BRINGAS‐POSADAS was removed from the United States to Mexico, on March 22, 2012, by the U. S. Department of Homeland Security, Immigration and Customs Enforcement. Sometime thereafter, BRINGAS‐POSADAS unlawfully entered into the United States and found his way back to Baton Rouge. The complaint further alleges that, on March 13, 2017, BRINGAS‐POSADAS was inside his home alone with a 16‐year‐old victim when the victim was fatally wounded by a gunshot. The facts surrounding the fatal shooting remain under investigation.
Acting U.S. Attorney Amundson stated: “Our prayers are with the victim’s family and friends during this incredibly difficult time. Be assured that our office will aggressively pursue violators of our federal firearm and immigration laws.”
This investigation is being handled by the U.S. Attorney’s Office for the Middle District of Louisiana; the Louisiana State Police; the East Baton Rouge Sheriff’s Office; the U. S. Department of Homeland Security, Immigration and Customs Enforcement; and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance and cooperation of the East Baton Rouge District Attorney’s Office. This matter is being prosecuted by Assistant U.S. Attorney Kevin R. Sanchez.
NOTE: The defendant is presumed innocent until and unless adjudicated guilty at trial or through a guilty plea.
Fairfield County Heroin Trafficker Sentenced to 15 Years in Federal PrisonRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that WILFREDO GUTIERREZ, also known as “Bean” and “Big Pun,” 40, was sentenced today by U.S. District Judge Victor A. Bolden in Bridgeport to 180 months of imprisonment, followed by five years of supervised release, for trafficking heroin.
This matter stems from an investigation headed by the DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force, Stamford Police Department, Norwalk Police Department and Connecticut State Police. The investigation included court-authorized wiretaps, controlled purchases of narcotics and physical surveillance.
According to court documents and statements made in court, between approximately September 2015 and May 2016, GUTIERREZ and others, including his brother Bobby Gutierrez, also known as “B.O.,” conspired to distribute at least 10 kilograms of heroin in Fairfield County.
GUTIERREZ’s criminal history dates to 1994 and includes multiple state drug convictions for which he has served a total of more than 16 years in prison In July 2011, GUTIERREZ was sentenced to nine years of incarceration and 11 years of special parole for violating Connecticut’s Corrupt Organizations and Racketeering Activity Act (“CORA”) and sale of a controlled substance. He was released to a halfway house on August 27, 2015. While in the halfway house, GUTIERREZ continued to coordinate the acquisition of heroin from individuals in the Bronx, and the distribution of the drug in Fairfield County. On December 21, 2015, he was returned to custody for a technical violation of his parole, and he continued his involvement in the acquisition and sale of heroin.
On May 26, 2016, a search of B&B Deli in Bridgeport, which was owned by the Gutierrez family and served as a hub for their drug dealing, revealed two digital scales, two large ziplock bags containing what appeared to be cutting agents, and five cellular telephones.
WILFREDO GUTIERREZ, Bobby Gutierrez and seven others were charged as a result of the investigation. All pleaded guilty. Bobby Gutierrez is detained while awaiting sentencing.
On November 22, 2016, WILFREDO GUTIERREZ pleaded guilty to one count of conspiracy to possess with intent to distribute one kilogram or more of heroin.
Judge Bolden ordered GUTIERREZ’s federal sentence to run concurrently with his state sentence.
The DEA’s Bridgeport High Intensity Drug Trafficking Area Task Force includes members from the Bridgeport, Stamford, Stratford, Norwalk, Milford and Trumbull Police Departments, and the Connecticut State Police.
This case is being prosecuted by Assistant U.S. Attorneys Anthony Kaplan and Heather Cherry.
Former Neighborhood Patrol Leader Sentenced to 32 Months in Prison for Bribing Nypd Police Officers to Approve and Expedite Gun Licenses for ClientsRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that ALEX LICHTENSTEIN, a/k/a “Shaya,” was sentenced in Manhattan federal court today to 32 months in prison for bribery and conspiracy to commit bribery in connection with his payment of tens of thousands of dollars in cash bribes to New York City Police Department (“NYPD”) officers in exchange for the officers’ approval and expediting of gun licenses for LICHTENSTEIN’s paying clients. LICHTENSTEIN, who previously pled guilty, was sentenced today by the United States District Judge Sidney H. Stein.
Acting Manhattan U.S. Attorney Joon H. Kim said: “By engaging in an egregious scheme to trade cash for gun licenses, Alex Lichtenstein and his co-defendants in the New York City Police Department corrupted the sensitive process of evaluating gun license applications in New York City. Today’s sentence shows that individuals who so brazenly abuse the public’s trust in law enforcement – whether they are the officers receiving bribes or the citizens paying them – will be held to account for their crimes.”
As alleged in the Superseding Indictment against LICHTENSTEIN and established in connection with LICHTENSTEIN’s sentencing proceedings:
LICHTENSTEIN, who previously served as a leader in the Shomrim, a neighborhood patrol in Borough Park, Brooklyn, started a business in 2013 expediting gun license applications for clients. In return for a fee ranging from $10,000 to $16,000 per application, LICHTENSTEIN purportedly assisted his clients in navigating the gun licensing process within the NYPD. However, rather than provide legitimate services for his exorbitant fees, LICHTENSTEIN instead bribed two officers in the NYPD’s Licensing Division to ensure success for nearly all of his clients’ applications. In particular, LICHTENSTEIN paid co-defendant Sergeant David Villanueva of the Licensing Division between hundreds of dollars and $1,000 per application, and Villanueva in turn provided some of the bribe money to co-defendant Richard Ochetal, another NYPD officer in the Licensing Division who participated in the approval of applications submitted by LICHTENSTEIN’s clients. In exchange for this cash, as well as other perks such as liquor and limousine rides, Villanueva and Ochetal approved the gun license applications sought by LICHTENSTEIN’s clients without conducting the requisite diligence on his clients. As a result, Villanueva and Ochetal approved gun licenses for individuals with criminal histories, including at least one with a previous felony conviction, histories of domestic violence, and other factors that would otherwise have resulted in rejections by the Police Department. Villanueva and Ochetal also approved licenses for individuals to carry concealed guns for business-related reasons, when in fact such individuals had no legitimate basis on which to claim the need for such licenses. In total, LICHTENSTEIN made at least between $150,000 and $250,000 from his clients, a portion of which he remitted to Villanueva and Ochetal as bribes.
In April 2016, after having been banned by the Licensing Division due to rumors regarding his significant fees, LICHTENSTEIN attempted to bribe another police officer to help him get his clients’ applications reviewed by the Licensing Division and approved. In a recorded conversation, LICHTENSTEIN offered the NYPD officer $6,000 per application in exchange for the officer’s assistance with the Licensing Division. Rather than accept LICHTENSTEIN’s proposal, the officer reported this contact to the Police Department, ultimately leading to LICHTENSTEIN’s arrest.
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In addition to the prison term, LICHTENSTEIN, 45, of Pomona, New York, was sentenced to three years of supervised release and was ordered to forfeit $230,000.
Mr. Kim praised the outstanding investigative work of the Federal Bureau of Investigation and the New York City Police Department’s Internal Affairs Bureau.
The prosecution is being handled by the Office’s Public Corruption Unit. Assistant United States Attorneys Russell Capone, Kan M. Nawaday, Lauren B. Schorr, and Martin Bell are in charge of the prosecution.
Essex County, New Jersey, Man Admits Role in Bank RobberyRead the Press Release
NEWARK, N.J. – A Newark man today admitted to robbing a Valley National bank in Belleville, New Jersey, in April 2016, Acting U.S. Attorney William E. Fitzpatrick announced.
Donald Myer, 60, pleaded guilty before U.S. District Judge Jose L. Linares in Newark federal court to an information charging him with one count of bank robbery.
According to documents filed in this case and statements made in court:
Myer admitted that during the robbery, he passed a note to a bank employee wherein he threatened to use a gun while demanding money from the bank employees.
The bank robbery charge to which Myer pleaded guilty carries a maximum penalty of 20 years in prison and a $250,000 fine. Sentencing is scheduled for June 27, 2017.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, with the investigation leading to today’s guilty plea. He also thanked the Belleville, Kearny, and Port Authority police departments for their contributions to the case.
The government is represented by Assistant U.S. Attorney Veronica Allende of the U.S. Attorney’s Office in Trenton.
Defense counsel: Linda D. Foster Esq., Assistant Federal Public Defender
Delaware Man Convicted of Distributing over A Kilo of Heroin in Dauphin and Lycoming CountiesRead the Press Release
HARRISBURG-The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Anthony Rowe, age 55, of Wilmington, Delaware, was convicted by a federal jury of distributing over 1,000 grams (one kilo) of heroin in Dauphin and Lycoming counties. The three-day trial was held before United States District Court Judge Sylvia H. Rambo in Harrisburg.
According to United States Attorney Bruce D. Brandler, the jury returned with the guilty verdict after approximately thirty minutes of deliberation. The evidence showed that Rowe travelled from Philadelphia to Dauphin and Lycoming Counties between February and June 2016, and distributed over a kilo of heroin. One kilo of heroin is approximately equal to 40,000 retail bags of heroin.
Rowe was immediately detained following the verdict. He faces a mandatory minimum sentence of 10 years’ imprisonment and up to life imprisonment.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case was investigated by the Drug Enforcement Administration, the Pennsylvania State Police and the Dauphin County Drug Task Force. Assistant United States Attorneys Daryl F. Bloom and Chelsea Schinnour prosecuted the case.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is life imprisonment, a term of supervised release following imprisonment, and a $10,000,000 fine. The offense carries a mandatory term of imprisonment of ten years. 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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Chicago Trader Indicted on Fraud Charges for Allegedly Misappropriating at Least $1.5 Million in Client FundsRead the Press Release
CHICAGO — A Chicago trader defrauded more than a dozen clients out of at least $1.5 million by pocketing their money instead of investing it, according to an indictment returned in federal court in Chicago.
RANDALL RYE, the owner of Faster Than Light Trading LLC, told investors that they would earn substantial profits from his proprietary trading program. Rye claimed that he would invest their money in options and futures contracts using a computer algorithm. In reality, Rye misappropriated the investors’ funds for his own personal expenses, such as air and hotel travel costs, including vacations to St. Lucia and Bali, tickets to sporting events, including the World Series and the Masters golf tournament, and on other luxury items and large cash withdrawals, according to the indictment.
As a result of the scheme, Rye fraudulently misappropriated at least $1.5 million from at least 15 investors, the indictment states.
The indictment was returned Wednesday in federal court in Chicago. It charges Rye, 26, of Chicago, with six counts of wire fraud. Arraignment is scheduled for March 21, 2017, at 1:15 p.m., before U.S. Magistrate Judge Michael T. Mason in Chicago.
The indictment was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation.
According to the indictment, Rye falsely represented to investors that their money was generating substantial returns from his purported algorithmic trading program. Rye sent his investors numerous false account statements that appeared to be from established financial services companies, stating that all of the investors’ principal and profits were invested and profitable, the indictment states. However, Rye knew when he prepared the bogus statements that the documents were false and that investors’ funds were not actually maintained at the financial services companies.
Rye also used newer investors’ funds to make Ponzi-type payments to earlier investors.
Rye was arrested last month and he remains in federal custody. At the time of the arrest, law enforcement searched his home and office, seizing his business records and several expensive watches.
The public is reminded that an indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Each count of wire fraud carries a maximum penalty of 20 years in prison. If convicted, the Court must impose a reasonable sentence under federal sentencing statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant United States Attorney Sunil Harjani.
Carrizozo Woman Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Patricia Kay Portillo, 54, of Carrizozo, N.M., was sentenced today in federal court in Las Cruces, N.M., to 46 months in prison for her conviction on methamphetamine trafficking charges. Portillo will be on supervised release for three years following her prison sentence.
Portillo was one of 34 individuals charged in December 2015, with federal and tribal drug offenses as the result of an 18-month multi-agency investigation led by the DEA and BIA into methamphetamine trafficking on the Mescalero Apache Reservation. Eighteen defendants, including five members of the Mescalero Apache Tribe and 13 non-Natives were charged in six federal indictments and a federal criminal complaint. Sixteen other members of the Mescalero Apache Tribe were charged in tribal criminal complaints approved by the Mescalero Apache Tribal Court.
The investigation leading to the federal and tribal charges was initiated in May 2014, in response to an increase in violent crime on the Mescalero Apache Reservation perpetrated by methamphetamine users. The investigation initially targeted a drug trafficking organization that was allegedly distributing methamphetamine within the Reservation, and later expanded to include two other drug trafficking organizations in southeastern New Mexico that allegedly served as sources of supply for the methamphetamine distributed within the Reservation. In Aug. 2014, the investigation was designated as part of the Justice Department’s Organized Crime Drug Enforcement Task Force (OCDETF) program, which 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 investigation is one of the first OCDETF investigations to utilize electronic surveillance (wiretaps) in Indian Country. More than ten kilograms of methamphetamine were seized during the course of the investigation.
Portillo was arrested in Dec. 2015, on an indictment charging her with conspiracy and distributing methamphetamine in Otero County, N.M., on Aug. 23, 2015, possession of methamphetamine with intent to distribute on Oct. 6, 2015, and the use of a communication facility in the commission of a drug trafficking crime on Sept. 4, 2015. On May 13, 2016, Portillo entered a guilty plea to possession of methamphetamine with intent to distribute and admitted that on Oct. 6, 2015, she had 41 grams of pure methamphetamine concealed on her person which she planned to distribute to others.
Seventeen of the 18 federal defendants have entered guilty pleas. One federal defendant has entered a not guilty plea. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The federal and tribal cases were investigated by the Las Cruces office of the DEA, District IV of the BIA’s Office of Justice Services (Mescalero Agency), BIA’s Division of Drug Enforcement, Mescalero Tribal Police Department, Hatch Police Department, FBI and Lea County Drug Task Force. Assistant U.S. Attorneys Terri J. Abernathy and Clara Cobos of the U.S. Attorney’s Las Cruces Branch Office are prosecuting the federal cases, and Mescalero Tribal Prosecutor Melissa Chavez is prosecuting the tribal cases.
Camden, New Jersey, Man Sentenced to 151 Months in Prison for Sex Trafficking of MinorRead the Press Release
TRENTON, N.J. – A Camden, New Jersey, man was sentenced today to 151 months in prison for sex trafficking of a minor, Acting U.S. Attorney William E. Fitzpatrick announced.
Aaron J. Gray, 30, previously pleaded guilty before U.S. District Judge Peter G. Sheridan to an information charging him with one count of sex trafficking of a minor. Gray was originally charged in a criminal complaint with co-defendants Aja M. Easley, 24, of Camden, and Kenneth A. Mertz, 36, of Collingswood.
According to the documents filed in this case and statements made in court:
On March 2, 2015, Easley communicated with the victim, a minor, using a popular social media website. Easley told the victim she was “worried about” the victim because of a previous assault by the victim’s ex-boyfriend. She offered the victim money, food, clothing, and shelter, and met the victim at the Camden Transportation Center. There, Easley told the victim about a “dating website,” and said that the victim could make money through the website by going on “dates.”
Easley and the victim later met Gray and Mertz at a residence in Camden. Easley, Mertz, and Gray agreed to advertise the minor online for commercial sex acts for the purpose of earning money. To do so, Gray, Mertz, and Easley drove the minor to a motel in Cherry Hill.
At the motel, Gray and Easley convinced the victim to engage in commercial sex acts. Using her cellular telephone, Easley took provocative photos of the victim, and uploaded them to an online advertisement that she had created advertising the victim for commercial sex acts.
After the advertisement was online, Easley used her cellular telephone to communicate with multiple individuals who responded to the advertisement seeking to engage in commercial sex acts with the minor. Gray gave the victim instructions on what to do when the respondents arrived. Easley instructed the victim to tell the individuals that, regardless of her real age, that she was 21 years old. Easley also instructed the victim how much time each individual could spend with the victim at the motel and how much each individual owed the victim. Easley and Gray also told the victim that if any trouble arose, Gray would be outside the motel with a firearm. While at the motel in Cherry Hill, the victim engaged in sex acts in exchange for money with multiple individuals, which the defendants split between themselves and the victim.
The next day, at a motel in Mount Laurel, New Jersey, at the defendants’ direction, the victim again engaged in sex acts in exchange for money with multiple individuals who responded to the advertisement. Later that evening, the defendants told the victim that they were taking the victim to Atlantic City, New Jersey, to meet another person who had responded to the advertisement and was willing to pay $1,200 for an entire evening with the victim.
On the way to Atlantic City, the defendants agreed to let the victim stop at a residence in Gloucester City, New Jersey. The victim went inside and contacted the police, leading to the defendants’ arrest.
In addition to the prison term, Judge Sheridan sentenced Gray to 10 years of supervised release.
On Aug. 17, 2016, Easley pleaded guilty before Judge Sheridan to an information charging her with one count of sex trafficking of a minor. Easley is awaiting sentencing.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher, and members of the Mount Laurel Police Department, under the direction of Police Chief Dennis Cribben, and the Gloucester City Police Department, under the direction of Acting Police Chief Brian Morell, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney J. Brendan Day of the Office’s Criminal Division in Trenton.
The charges and allegations against Mertz remain merely accusations, and he is considered innocent unless and until proven guilty.
Defense Counsel: Andrea D. Bergman Esq., Federal Public Defender’s Office, Trenton
Cairo Man to Receive Life Sentence for Double Murder During an Attempted Bank RobberyRead the Press Release
Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today that James Nathaniel Watts, age 32, of Cairo, Ill., has pleaded guilty to a federal Superseding Indictment regarding the May 2014 attempted robbery of the First National Bank in Cairo, Illinois.
Evidence discussed in court established that on May 15, 2014, at approximately 4:45 p.m., James Watts approached three employees as they left the bank after closing. Watts’ covered his face with a folded white pillowcase and armed himself with a handgun and a hunting knife. Watts forced the three employees back into the bank at gunpoint. Once inside, he bound each of the employees’ hands with zip ties as he attempted to gain entry to the vault. The employees were unable to open the vault because it was equipped with a time lock that could not opened until the next morning. Watts then forced the three employees into the bank’s break room where he killed Anita Grace and Nita Smith and attempted to kill Kaeley Price. Nita Smith died at the bank. Anita Grace died from injuries inflicted by defendant shortly after being transported to the hospital. Defendant believed he had also killed Kaeley Price. While critically injured, Kaeley Price survived and was able to call 911 after defendant had fled the bank. Police captured Watts following a high-speed chase and manhunt. Authorities found him hiding in the structure of a railroad trestle bridge that spans the Ohio River between Illinois and Kentucky.
With respect to Count 1, Watts faces a mandatory sentence of life imprisonment without the possibility of parole. That count charges that on May 15, 2014, in Alexander County, Watts by force, violence and intimidation, did attempt to take from the person and presence of another, money belonging to and in the care, custody, control, management and possession of the First National Bank in Cairo, Illinois, the deposits of which were then insured by the Federal Deposit Insurance Corporation; and in committing such offense, Watts assaulted and put in jeopardy the life of another person by the use of a dangerous weapon or weapons, that is a knife and a gun; and further, in committing such offense, Watts killed Anita Grace and Nita Smith; all in violation of Title 18, United States Code, Sections 2113(a), 2113(d), and 2113(e).
Count 2 charges that on May 15, 2014, in Alexander County, Watts, having previously been convicted by a court of a felony punishable by imprisonment for a term exceeding one year, did knowingly possess, in and affecting commerce, a firearm, that is: a Colt, Model MK IV Series 80 Mustang, .380 Auto caliber semi-automatic pistol, bearing serial number MU29470, all in violation of Title 18, United States Code, Sections 922(g)(l) and 924(a)(2). With respect to Count 2, Watts faces up to an additional 10 years’ imprisonment, a $250,000 fine, and 3 years of supervised release to follow any term of incarceration imposed.
The Court scheduled Watts’ sentencing hearing for May 25, 2017, at the United States District Courthouse in Benton. Watts will remain in the custody of the United States Marshal until that time.
The case was prosecuted by Assistant United States Attorneys Jim Cutchin and George Norwood, and CCS Trial Attorney Jeffrey Zick.
The investigation in this case was conducted by the Federal Bureau of Investigation, the Illinois State Police, and numerous other law enforcement agencies in Illinois and Missouri.
Buffalo Man Sentenced on Drug ChargeRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y.-Acting U.S. Attorney James P. Kennedy, Jr. announced today that Reginald Brown, 49, of Buffalo, NY, who was convicted of possessing with intent to distribute and distributing cocaine, was sentenced to 84 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Timothy C. Lynch, who handled the case, stated that on November 9, and November 16, 2011, the defendant sold approximately 13 grams of cocaine to a confidential informant working with the Federal Bureau of Investigation.
The sentencing is the result of an investigation by Special Agents of the Federal Bureau of Investigation, under the direction of Adam S. Cohen, Special Agent-in-Charge.
Bristow Woman Pleads Guilty to Embezzlement of Mail by Postal EmployeeRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that RITA LOUISE FALL, age 37, of Bristow, Oklahoma, pled guilty to EMBEZZLEMENT OF MAIL BY POSTAL EMPLOYEE, in violation of Title 18, United States Code, Section 1709, punishable by no more than 5 years imprisonment, and up to a $250,000.00 fine or both.
The Indictment alleged that beginning on or about August 19, 2016, and continuing through on or about August 29, 2016, within the Eastern District of Oklahoma, the Defendant, a United States Postal Service employee, did willfully, knowingly and intentionally embezzle a package entrusted to her and which came into her possession to be conveyed by mail, to wit: an envelope addressed to J.T., while performing her assigned duties as an employee of the United States Postal Service.
The charge arose from an investigation by the United States Postal Service Office of Inspector General.
The Honorable Kimberly E. West, Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report. The defendant will remain in custody pending a sentencing hearing.
Assistant United States Attorney Kristin Harrington represented the United States.
Baseball Agent and Trainer Convicted of Conspiring to Make False Statements and Unlawfully Bringing Aliens into the United StatesRead the Press Release
Yesterday afternoon a federal jury convicted two South Florida men for their participation in an alien smuggling ring that moved Cuban-born baseball players and their families to third countries and then the United States, without official authorization from the U.S. Government.
Benjamin G. 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, and Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), made the announcement.
Bartolo Hernandez, of Weston, and Julio Estrada, of Miami, were convicted at trial of conspiring to commit an offense against the United States, in violation of Title 18, United States Code, Section 371, and bringing an alien who has not received official authorization to the United States, in violation of Title 8, United States Code, Section 1324(a)(2)(B)(ii). Hernandez faces a mandatory minimum term of 3 years and a maximum term of 15 years’ imprisonment. Estrada faces a mandatory minimum term of 5 years and a maximum term of 35 years’ imprisonment. The defendants are scheduled to be sentenced by U.S. District Judge Kathleen M. Williams on July 11, 2017 at 10 a.m.
According to the court record, including evidence introduced during the six-week trial, Hernandez and Estrada conspired with a criminal organization involving boat captains, document forgers and illicit transporters to smuggle Cuban baseball players and those players’ family members out of Cuba into other countries, including Mexico, the Dominican Republic and Haiti, before then transporting them to the United States. To expedite obtaining permanent residency in these third countries, Hernandez and Estrada procured residency documents by falsifying employment information and bribing foreign officials. After obtaining the fraudulent foreign residency documents, Hernandez and Estrada submitted those documents to the United States Department of Treasury’s Office of Foreign Assets Control (OFAC). Those same fraudulent foreign residency documents were also provided to the United States Department of State, when the Cuban-born baseball players applied for visas to play baseball in the United States.
In some instances, Hernandez and Estrada refused to wait for licenses and visas and instead brought Cuban-born baseball players directly to the United States, without prior official authorization.
Hernandez conspired with alien smugglers to bring Cuban baseball player Leonys Martin Tapanes illegally into the United States across the Texas-Mexico border. Estrada brought Cuban baseball players Omar Luis and Alejandro Piloto into the United States from Haiti, through other countries, into Mexico and then met them after they unlawfully crossed into the United States. Estrada also illegally brought Cuban baseball players Dalier Hinojosa and Jose Abreu into the United States. Hinojosa and Abreu were provided fake passports with fraudulent visas to board flights from Port-au-Prince, Haiti to Miami International Airport by a conspirator of the defendants and were instructed to destroy evidence of those fake passports before arriving in the United States.
Mr. Greenberg commended the investigative efforts of the FBI and ICE-HSI. Mr. Greenberg also thanked the United States State Department and OFAC for their assistance. This case is being prosecuted by Assistant United States Attorneys Patrick Sullivan and H. Ron Davidson.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov at www.usdoj.gov/usao/fls.
Baltimore Armed Career Criminal Exiled to 15 Years in Federal Prison for Illegal Possession of a FirearmRead the Press Release
Baltimore, Maryland – U.S. District Judge J. Frederick Motz sentenced Barry Terry, age 39, of Baltimore, Maryland, today to 15 years in prison, followed by three years of supervised release, for being a felon in possession of a firearm.
The sentence was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Daniel L. Board Jr. of the Bureau of Alcohol, Tobacco, Firearms and Explosives - Baltimore Field Division; Baltimore Police Commissioner Kevin Davis; and Baltimore City State’s Attorney Marilyn Mosby.
According to the evidence presented at his two-day trial, in the summer of 2015 a Baltimore City Watch camera operator saw Terry walking through a Baltimore City park with what appeared to be a gun in the waistband of his pants. The operated directed Baltimore Police officers to the location. When officers approached Terry to investigate, Terry fled, throwing something in the direction of a clothes donation box. Terry was apprehended and police located a loaded pistol where Terry had thrown the object as he was running away.
As a result of seven previous felony convictions, Terry was prohibited from possessing a firearm or ammunition.
United States Attorney Rod J. Rosenstein commended the ATF, Baltimore Police Department and Baltimore City State’s Attorney’s Office for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorneys Patricia C. McLane and Zachary B. Stendig, who prosecuted the case.
Babysitter Sentenced to 60 Years in Federal Prison for Producing Child Pornography Depicting His Abuse of a ToddlerRead the Press Release
Jason Barber, 39, of Las Vegas, Nevada, was sentenced today to a total of 60 years in prison by U.S. District Court Judge Robert N. Scola Jr in Miami, Florida, for producing child pornography that depicted his abuse of a toddler he was babysitting. Barber previously pled guilty to all counts in the Indictment.
Benjamin G. Greenberg, Acting U.S. Attorney for the Southern District of Florida, Special Agent in Charge George L. Piro of the Federal Bureau of Investigation (FBI), Miami Field Office, Rick Maglione, Chief, Fort Lauderdale Police Department, and Alexander Perez, Chief, North Las Vegas Police Department, made the announcement.
According to court documents and statements made in court, on November 25, 2013, the South Florida Internet Crimes against Child Task Force (ICAC), located in Broward County, Florida, received two cyber tips regarding several email accounts suspected of trading dozens of images depicting child pornography. Upon receiving the tip, The South Florida ICAC began their investigation to determine who was responsible for sending and receiving the email. After identifying an IP address used to access one of the email accounts, law enforcement obtained and executed a search warrant at the residence of co-defendant Benedict Shaw, a Lauderhill, Florida resident.
Law enforcement confirmed that Shaw was communicating with Barber, a Nevada resident and boyfriend of the victim’s mother. Barber had convinced the two-year old child’s mother to allow him to babysit the toddler while the mother was at work. Barber had previously met Shaw in an online chatroom for individuals with a diaper fetish. During their month of email communications, Barber requested that Shaw send him a cellphone and diapers. Shaw sent Barber a package containing the requested cellphone, diapers, and other items to use in the child pornography videos. Barber used the cell phone to record himself sexually abusing the child in his care. Barber then sent the video and several still images to Shaw via email.
Shaw previously pled guilty for his involvement with the production of child pornography and was sentenced in October of 2014 to 45 years’ imprisonment by U.S. District Judge Scola (Case No. 14-CR-60011-Scola).
Mr. Greenberg commended the investigative efforts of the FBI, Fort Lauderdale Police Department, South Florida ICAC, and North Las Vegas Police Department. Assistant U.S. Attorneys Francis Viamontes and Jodi Anton prosecuted this case.
A copy of this press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at www.usdoj.gov/usao/fls. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Atoka Man Sentenced to 90 Months for Methamphetamine Distribution, Firearm PossessionRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced that DAVID EDWARD AINSWORTH, age 53, of Atoka, Oklahoma, was sentenced to 90 months imprisonment and 4 years supervised release for DISTRIBUTION OF METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B); and to 90 months imprisonment and 3 years supervised release for FELON IN POSSESSION OF FIREARM, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2), to run concurrently.
The Indictment alleged that on or about May 27, 2015, within the Eastern District of Oklahoma, the defendant did knowingly and intentionally distribute 5 grams or more of methamphetamine (Actual), a Schedule II controlled substance.
The indictment further alleged that on or about May 27, 2015, within the Eastern District of Oklahoma, the defendant, having been convicted of a crime punishable by imprisonment for a term exceeding one year, did knowingly possess in and affecting commerce, a firearm, One (1) Savage Model 94 Series M, 20 gauge weapon made from a shotgun, which had been shipped and transported in interstate commerce.
The charges arose from an investigation by the Drug Enforcement Administration.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Timothy Hammer represented the United States.
Athens County Man Sentenced for Receiving Child PornographyRead the Press Release
COLUMBUS, Ohio – James R. Harrah, 51, formerly of Albany, Ohio, was sentenced in U.S. District Court to 60 months in prison for receiving child pornography.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, Westerville Police Chief Joseph Morbitzer and other members of the FBI’s Child Exploitation Task Force announced the sentence handed down today by Chief U.S. District Judge Edmund A. Sargus, Jr.
According to court documents, in March 2015, an FBI Task Force Officer received information from a tip submitted to the National Center for Missing and Exploited Children cyber tipline regarding images of child pornography that had been uploaded through a Gmail account.
Investigators linked Harrah to the activity through computer IP addresses and his phone number. Further investigation revealed additional cyber tipline reports and incident reports from Google, Inc. and Twitter related to the uploading of child pornography of young females.
One of Harrah’s social media profiles used the username “I Luvem Yung” and the description “Luv girls 10-15 if you in Ohio Hmu if U wanna play…let’s make a baby.”
Forensic examination of Harrah’s phones revealed more than 500 images and 80 videos of child pornography. When law enforcement officers submitted the recovered child pornography files to the National Center for Missing and Exploited Children, it was determined that at least 14 identified child victims were depicted.
Harrah was charged by a Bill of Information and pleaded guilty on July 21, 2016 to one count of receiving child pornography in interstate commerce.
The defendant was also sentenced to 15 years of supervised release. During that time, any cell phone or computer that he owns, uses or has access to that is connected to the Internet will be monitored and reviewed.
“The files recovered in this case confirm that child pornography is not a victimless crime,” U.S. Attorney Glassman said. “These were missing child victims who had been sexually abused, and Harrah’s receipt of images of that abuse warrants the sentence he received today.”
U.S. Attorney Glassman commended the cooperative investigation by the FBI’s Child Exploitation Task Force, as well as Assistant United States Attorney Jessica H. Kim, who is representing the United States in this case.
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Angolan national sentenced to 6 months in prison for resisting deportation ordersRead the Press Release
ALEXANDRIA, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that an Angolan national was sentenced to six months in prison for refusing to leave the country twice after being ordered to depart.
Faustino Ngay, 46, of Cazengo, Angola, was sentenced by U.S. District Judge Dee D. Drell on two counts of failure to depart. The defendant was found guilty after a one-day trial that ended on November 29, 2016. Evidence admitted at the trial revealed that on two occasions U.S. Immigration Enforcement Agents attempted to remove Ngay from the country via the Alexandria International Airport by putting him on a commercial flight. The defendant hampered agents’ ability to remove him by verbally and physically resisting on November 17, 2015. The defendant also hampered attempts to put him on a commercial flight at the Alexandria airport on December 14, 2015. His outbursts prevented him from boarding the flights because of airline and Transportation Security Administration safety policies.
The U.S. Immigration and Customs Enforcement - Enforcement and Removal Operations conducted the investigation. Assistant U.S. Attorney Dominic Rossetti prosecuted the case.
Albuquerque Resident Pleads Guilty to Federal Methamphetamine Trafficking ChargeRead the Press Release
ALBUQUERQUE – Josue Duarte, 31, of Albuquerque, N.M., pled guilty today in federal court to a methamphetamine trafficking charge under a plea agreement with the U.S. Attorney’s Office.
Duarte and co-defendant Johnny Flores, 23, were arrested during an ATF-led investigation that resulted in the filing of 59 federal indictments and one federal criminal complaint charging 104 Bernalillo County residents with federal firearms and narcotics trafficking offenses. The investigation began in mid-April 2016, when ATF personnel from throughout the country joined forces with federal, state, county and local law enforcement agencies in New Mexico to combat the high rate of violent crime in the Albuquerque metropolitan area. The investigators utilized a number of investigative techniques, including undercover operations, historical investigation and targeting of multi-convicted felons in possession of firearms.
The investigation was undertaken in support of a federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies collaborate with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders for federal prosecution primarily based on their prior criminal convictions with the goal of removing repeat offenders from communities in New Mexico for as long as possible.
Duarte and Flores were charged in a four-count indictment filed on Aug. 9, 2016, with conspiracy to distribute methamphetamine from July 18, 2016 through July 26, 2016, and distribution of methamphetamine on July 22, 2016; Flores with distribution of methamphetamine on July 18, 2016; and Duarte with distribution of methamphetamine on July 26, 2016. According to the indictment, the offenses took place in Bernalillo County.
During today’s proceedings, Duarte pled guilty to a felony information charging him with distribution of methamphetamine. In entering the guilty plea, Duarte admitted that on July 26, 2016, he arranged the sale of and sold methamphetamine to an undercover law enforcement agent. At sentencing, Duarte faces a maximum penalty of 20 years in federal prison. A sentencing hearing has yet to be scheduled.
To date, 31 of the 104 defendants, including Flores, have entered guilty pleas, and three defendants have been sentenced. The remaining defendants, have entered not guilty pleas. Charges in indictments are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
This case was investigated by the Albuquerque office of the ATF and is being prosecuted by Assistant U.S. Attorney Paul H. Spiers.