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21 April 2017
Detroit Doctor and Wife Arrested and Charged with Conspiring to Perform Female Genital MutilationRead the Press Release
A Detroit physician and his wife were arrested this morning and charged by criminal complaint unsealed today for their alleged participation in a conspiracy that involved performing female genital mutilations (FGM) on minors.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Daniel L. Lemisch of the Eastern District of Michigan, Special Agent in Charge David P. Gelios of the FBI’s Detroit Division and Special Agent in Charge Steve Francis of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Detroit Field Office made the announcement.
Fakhruddin Attar, M.D., 53, and his wife, Farida Attar, 50, both of Livonia, Michigan, are charged with conspiring to perform female genital mutilations on minor girls out of Fakhruddin Attar’s medical clinic in Livonia. According to the complaint, some of the minor victims traveled interstate to have the procedure performed. The complaint alleges that the FGM procedure was performed on girls who were approximately six to eight years old.
Both defendants were arrested this morning and are scheduled to appear in federal court in Detroit this afternoon.
The defendants are alleged to have conspired with Jumana Nagarwala, M.D., who was arrested in Detroit on April 12, 2017, and ordered detained on April 17, 2017, pending trial. Nagarwala, Fakhruddin Attar and Farida Attar are believed to be the first people charged under 18 U.S.C. 116, which criminalizes FGM.
A complaint is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI’s Detroit Division and HSI investigated the case with the assistance of the Livonia Police Department and with support of the Criminal Division’s Fraud Section, the U.S. Attorney’s Office of the Eastern District of Michigan and the FBI’s International Human Rights Unit, Criminal Investigative Division. Deputy Chief Sara Woodward of the General Crimes Unit of the Eastern District of Michigan, Fraud Section Assistant Chief Nick Surmacz and Trial Attorneys Amy Markopoulos and Malisa Dubal are prosecuting the case.
The FBI’s Detroit Field Division has set up a tip line for anyone who has information pertaining to the illegal practice of FGM or Dr. Jumana Nagarwala, Fakhruddin Attar or Farida Attar at 1-800-CALL-FBI (225-5324). To submit an e-tip, please visit FBI.GOV/FGM.
Attar et al. ComplaintDetroit Doctor and Wife Arrested and Charged with Conspiring to Perform Female Genital MutilationRead the Press Release
A Detroit physician and his wife were arrested this morning and charged by criminal complaint unsealed today for their alleged participation in a conspiracy that involved performing female genital mutilations (FGM) on minors.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Daniel L. Lemisch of the Eastern District of Michigan, Special Agent in Charge David P. Gelios of the FBI’s Detroit Division and Special Agent in Charge Steve Francis of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) Detroit Field Office made the announcement.
Fakhruddin Attar, M.D., 53, and his wife, Farida Attar 50, both of Livonia, Michigan, are charged with conspiring to perform female genital mutilations on minor girls out of Fakhruddin Attar’s medical clinic in Livonia. According to the complaint, some of the minor victims traveled interstate to have the procedure performed. The complaint alleges that the FGM procedure was performed on girls who were approximately six to eight years old.
Both defendants were arrested this morning and are scheduled to appear in federal court in Detroit this afternoon.
The defendants are alleged to have conspired with Jumana Nagarwala, M.D., who was arrested in Detroit on April 12, 2017, and ordered detained on April 17, 2017, pending trial. . Nagarwala, Fakhruddin Attar and Farida Attar are believed to be the first people charged under 18 U.S.C. 116, which criminalizes FGM.
A complaint is merely an allegation and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
The FBI’s Detroit Division and HSI investigated the case with the assistance of the Livonia Police Department and with support of the Criminal Division’s Fraud Section, the U.S. Attorney’s Office of the Eastern District of Michigan and the FBI’s International Human Rights Unit, Criminal Investigative Division. Deputy Chief Sara Woodward of the General Crimes Unit of the Eastern District of Michigan, Fraud Section Assistant Chief Nick Surmacz and Trial Attorneys Amy Markopoulos and Malisa Dubal are prosecuting the case.
The FBI’s Detroit Field Division has set up a tip line for anyone who has information pertaining to the illegal practice of FGM or Dr. Jumana Nagarwala, Fakhruddin Attar or Farida Attar at 1-800-CALL-FBI (225-5984). To submit an e-tip, please visit FBI.GOV/FGM.
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Department of Justice Sends Letter to Nine Jurisdictions Requiring Proof of Compliance with 8 U.S.C. § 1373Read the Press Release
Today, the Department of Justice sent the attached letters to nine jurisdictions which were identified in a May 2016 report by the Department of Justice’s Inspector General as having laws that potentially violate 8 U.S.C. § 1373.
Additionally, many of these jurisdictions are also crumbling under the weight of illegal immigration and violent crime. The number of murders in Chicago has skyrocketed, rising more than 50 percent from the 2015 levels. New York City continues to see gang murder after gang murder, the predictable consequence of the city's “soft on crime” stance. And just several weeks ago in California’s Bay Area, after a raid captured 11 MS-13 members on charges including murder, extortion and drug trafficking, city officials seemed more concerned with reassuring illegal immigrants that the raid was unrelated to immigration than with warning other MS-13 members that they were next.
The letters remind the recipient jurisdictions that, as a condition for receiving certain financial year 2016 funding from the Department of Justice, each of these jurisdictions agreed to provide documentation and an opinion from legal counsel validating that they are in compliance with Section 1373. The Department of Justice expects each of these jurisdictions to comply with this grant condition and to submit all documentation to the Office of Justice Programs by June 30, 2017, the deadline imposed by the grant agreement.
Proof of Compliance with 8 U.S.C. § 1373 LettersCybercriminal Who Created Global Botnet Infected with Malicious Software Extradited to Face Click Fraud ChargesRead the Press Release
Earlier today, an indictment was unsealed in Brooklyn federal court charging Fabio Gasperini, an Italian citizen, with crimes related to his hacking of computers, creation of a global botnet, and perpetration of a fraud in which he used bots to mimic “clicks” on website advertisements and obtain advertising revenue. The charges include computer intrusion, wire fraud conspiracy, wire fraud, and money laundering conspiracy. The defendant was arrested in Amsterdam, the Netherlands, on June 18, 2016, and was extradited to the United States yesterday. He is scheduled to be arraigned at 2:00 p.m. today, April 21, 2017, before United States Magistrate Judge Peggy Kuo at the U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, New York.
The indictment and extradition were announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI).
As alleged in court papers, Gasperini covertly hacked into computer servers owned by companies and individuals in the United States and elsewhere and created an exclusive backdoor that enabled him to access the data and computing power of those servers. Gasperini’s scheme specifically targeted a type of server that companies and individuals typically use for large-scale data storage and transfer. Gasperini compromised servers that contained sensitive data and files.
Through his backdoor, Gasperini allegedly implanted malicious software onto the compromised servers. The malicious software served to further propagate Gasperini’s scheme by scanning the internet and identifying additional vulnerable servers for infection, enabling Gasperini to create a botnet, a network of computers (such as servers) infected with malicious software without users’ knowledge that a malicious actor can remotely control and use for malicious purposes.
Gasperini’s botnet was spread over multiple computer servers around the world. Gasperini used computer servers in the United States to manage the botnet and to provide instructions and resources to the compromised servers in the botnet. Gasperini used the botnet to perpetrate a click fraud. A click fraud is a type of cybercrime in which a malicious actor fraudulently obtains money from advertising companies and businesses.
Businesses commonly hire online advertising companies to send traffic to their websites. These advertising companies in turn contract with individuals, typically someone who operates a website, to place on the website certain links advertising the businesses’ products or services, and are then compensated based upon the number of visitors to the website that click on the link. The advertising companies typically pay the individuals on a per-click basis. To conduct a click fraud scheme, a malicious actor can, for example, remotely command a botnet to flood a particular website advertisement with electronic communications that register with the advertising company as clicks by a human user on the advertisement. This type of command falsely and fraudulent inflates the number of clicks reported to the advertising companies, causing them to pay for clicks perpetrated by automated bots rather than clicks completed by potential customers who, in fact, viewed and clicked on the advertisements.
Some of the malicious software that Gasperini installed onto the servers he had compromised was designed to disguise a compromised server as a web browser and cause it to simulate human clicks on website advertisements through automated electronic commands. Gasperini’s software was configured to send automated clicks to advertisements hosted on websites that he owned, enabling Gasperini to generate revenue from advertising companies and businesses through fake internet traffic.
“Cybersecurity is a priority and we will pursue those who hack into computers, spread malicious software, and victimize U.S. companies and computers until they are brought to justice,” stated Acting United States Attorney Bridget M. Rohde. Ms. Rohde expressed her grateful appreciation to the Netherlands Ministry of Security and Justice, for their assistance in effecting the defendant’s arrest and extradition; the Italian National Police, Postal and Telecommunications Service, for their assistance in the investigation; the United States Marshals Service, for their assistance in transporting the defendant to the United States; and the U.S. Department of State Regional Security Officer in the Netherlands, for their assistance in facilitating the defendant’s extradition.
“As alleged, Gasperini hacked into servers to create a global botnet that was used to generate profits from click fraud,” stated, Assistant Director-in-Charge Sweeney. “This is yet another case that demonstrates the commitment of the FBI’s Cyber Task Force to investigate and bring to justice those who commit cybercrime, regardless of where they may reside.”
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty.
The government’s case is being prosecuted by the Office’s National Security & Cybercrime Section. Assistant United States Attorney Saritha Komatireddy is in charge of the prosecution.
The Defendant:
FABIO GASPERINI
Age: 34
Residence: Rome, Italy
E.D.N.Y. Docket No. 16-CR-441
Conway Man Sentenced for Illegal Re-entry ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina---- United States Attorney Beth Drake stated today that Rodolfo Sanchez-Marcia, age 47, from Conway, was sentenced in federal court in Florence, South Carolina, for Illegal re-entry into the United States, in violation of 8 U.S.C. § 1326(a)(2). United States District Judge R. Bryan Harwell of Florence sentenced Sanchez-Marcia to 15 months imprisonment.
Evidence presented at the change of plea on January 9, 2017 established that in September 2016, ICE-ERO Officers in Charleston, SC, discovered that Rodolfo Sanchez-Marcia had been arrested on November 1, 2015, by the Surfside Police Department for driving without a license, and was released. Records checks revealed that Sanchez-Marcia was a native and citizen of Mexico who had previously been deported from the United States on multiple occasions. Sanchez-Marcia has never received permission to enter or remain in the US.
The case was investigated by agents of the ICE-ERO. Assistant United States Attorney A. Bradley Parham of the Florence office prosecuted the case.
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Columbus Man Charged with Assaulting Federal OfficersRead the Press Release
ALBUQUERQUE – This morning a U.S. Magistrate Judge sitting in Las Cruces, N.M., found probable cause to support a criminal complaint charging Larry Todd Hoffmeister, 51, of Columbus, N.M., with assaulting federal officers. Hoffmeister was released pending trial under pretrial supervision and other conditions of release.
Hoffmeister was arrested on April 12, 2017, and was charged by a criminal complaint with resisting and assaulting federal officers that same day in Luna County, N.M. The complaint alleges that Hoffmeister discharged his weapon twice while U.S. Border Patrol Agents were observing him near the west side of the Columbus Port of Entry.
If convicted of the charge in the complaint, Hoffmeister faces a maximum penalty of 20 years in federal prison. Charges in complaint are merely accusations. All criminal defendants are presumed innocent unless proven guilty beyond a reasonable doubt.
This case was investigated by the Las Cruces office of the FBI and the U.S Border Patrol and is being prosecuted by Assistant U.S. Attorney Aaron O. Jordan of the U.S. Attorney’s Las Cruces Branch Office.
Colorado Springs Man Sentenced to Lengthy Prison Term for Producing Child PornographyRead the Press Release
DENVER – Richard Hennis, age 41, of Colorado Springs, Colorado, was sentenced earlier this week by U.S. District Court Judge Philip A. Brimmer to serve 324 months (27 years) in federal prison for the production and transportation of child pornography, Acting U.S. Attorney Bob Troyer, U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Denver Division Acting Special Agent in Charge John Eisert, and Internet Crimes Against Children (ICAC) Commander for Colorado Lieutenant Christina Sheppard of the Colorado Springs Police Department announced. Following his prison sentence, Hennis was ordered to serve 10 years of supervised release. The defendant, who appeared at the hearing in custody, was remanded at its conclusion.
Hennis and a co-defendant, Brandi Leonard, were first charged by criminal complaints on March 11, 2016. They were then indicted by a federal grand jury in Denver on April 5, 2016. Hennis pled guilty before Judge Brimmer on November 21, 2016, and was sentenced on April 19, 2017.
Leonard pled guilty to one count of production of child pornography before Judge Brimmer on April 13, 2017. Production of child pornography carries a penalty of not less than 15 years, and not more than 30 years in federal prison, and up to a $250,000 fine. Her sentencing is scheduled for July 21, 2017.
According to evidence presented in open court, as well as information contained in public filings, in the course of online chats that occurred between Hennis and Leonard spanning approximately one month, Leonard told Hennis that she had sexually abused an infant. Hennis encouraged Leonard to sexually abuse the infant again, to take pictures or video of the abuse, and to send them to him. Leonard did exactly what Hennis had asked. Law enforcement recovered the pictures that were produced of the infant from Hennis’s phone. Hennis then sent the sexual abuse images of the infant to another individual he was communicating with online.
During their chats, the two defendants discussed in graphic detail kidnapping, raping, killing and dismembering a child between the ages of 4 and 8 years old. Leonard twice during the chat indicated that she didn’t intend to go through with it.
This case was investigated by HSI and the Colorado Springs Police Department’s ICAC Unit, with support provided by the Limon Police Department.
The defendants are being prosecuted by Assistant U.S. Attorney Alecia L. Riewerts, assigned to the Cybercrime and National Security Section of the Colorado U.S. Attorney’s Criminal Division.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Coffey County Man Used PlayStation to Collect Child PornRead the Press Release
WICHITA, KAN. - A Coffey County man pleaded guilty Friday to using a PlayStation video game console to obtain child pornography, U.S. Attorney Tom Beall said.
Michael L. Stratton, 30, Burlington, Kan., pleaded guilty to one count of receiving child pornography. In his plea, he admitted using a PlayStation 3 to chat about child pornography and trade child pornography.
According to court documents, Sony monitors user activities on the PlayStation Network. The network allows account holders to communicate in a way similar to text and emails. A user complained to Sony about Stratton, who was sending messages using the name Susan_14. Sony sent reports to the National Center for Missing and Exploited Children, which identified child pornography that Stratton had downloaded. Sony also determined that Stratton had sent messages to other users including: “u want to see naked kids tonight,” and “Friend Request. Do you have child porn?”
Sentencing is set for Aug. 7. The parties have agreed to recommend a sentence of five years in federal prison. Beall commended the FBI and Assistant U.S. Attorney Christine Kenney for their work on the case.
Cincinnati Man Charged with Dealing Fentanyl that Caused DeathRead the Press Release
CINCINNATI – A federal grand jury has charged Deonte R. Dickey, 19, of Cincinnati with charges related to the distribution of fentanyl in an indictment returned here today. Specifically, Dickey is charged with six counts of distributing heroin and fentanyl – one count including an overdose death – and one count of distributing cocaine.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration (DEA), Ohio Attorney General Mike DeWine, Ohio State Highway Patrol Superintendent Col. Paul A. Pride, Hamilton County Sheriff Jim Neil, Cincinnati Police Chief Eliot K. Isaac, Norwood Police Chief William Kramer, Blue Ash Police Chief Paul Hartinger and members of the Northern Kentucky Drug Strike Force announced the indictment returned Wednesday.
The indictment alleges that from January 2016 through March 2017, Dickey, also known as “Lil Tay,” “Ching Ching” and “Richie,” distributed heroin, fentanyl and cocaine. Dickey allegedly supplied the heroin and fentanyl that resulted in the death of a person on December 31, 2016.
Each distribution charge carries a potential maximum sentence of 20 years in prison. Distribution resulting in death is punishable by 20 years up to life in prison.
Dickey was arrested today and his initial appearance was held in U.S. District Court at 1:30pm.
U.S. Attorney Glassman commended the investigation of this case by the federal, state and local law enforcement as well as Assistant United States Attorney Karl P. Kadon.
An indictment merely contains allegations, and the defendant is presumed innocent unless proven guilty in a court of law.
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Chinese National Pleads Guilty to Attempting to Illegally Export High-Grade Carbon Fiber to ChinaRead the Press Release
Fuyi Sun, aka “Frank,” 53, a citizen of the People’s Republic of China (“China”), pleaded guilty today to violating the International Emergency Economic Powers Act (IEEPA) in connection with a scheme to illegally export to China, without a license, high-grade carbon fiber, which is used primarily in aerospace and military applications.
The announcement was made by Acting Assistant Attorney General for National Security Mary B. McCord and Acting U.S. Attorney Joon H. Kim for the Southern District of New York. The plea was entered before U.S. District Judge Alvin K. Hellerstein.
“Today, Sun admitted to attempting to procure high-grade carbon fiber – which has sophisticated aerospace and defense applications – for the Chinese military. The defendant was willing to pay a premium to evade U.S. export laws and illegally transfer this highly protected material,” said Acting Assistant Attorney General McCord. “The National Security Division will continue to identify those who violate IEEPA and other laws that protect our national assets from reaching the hands of potential adversaries.”
“As Fuyi Sun admitted today in court, he tried to skirt U.S. export laws by hiding his purchase of high-grade carbon fiber for the Chinese military. Sun used fraudulent documents and code words in his efforts to obtain this highly protected material, which is used in aerospace and defense programs, and to avoid detection,” said Acting U.S. Attorney Kim. “Together with our law enforcement partners, we will continue to enforce the laws that protect our national security.”
According to the allegations contained in the Complaint and the Indictment filed against Sun and statements made in court filings and proceedings, including today’s guilty plea:
Since approximately 2011, Sun has attempted to acquire extremely high-grade carbon fiber, including Toray type M60JB-3000-50B carbon fiber (“M60 Carbon Fiber”). M60 Carbon Fiber has applications in aerospace technologies, unmanned aerial vehicles (commonly known as drones) and other government defense applications. Accordingly, M60 Carbon Fiber is strictly controlled – including that it requires a license for export to China – for nuclear non-proliferation and anti-terrorism reasons.
In furtherance of his attempts to illegally export M60 Carbon Fiber from the U.S. to China without a license, Sun contacted what he believed was a distributor of carbon fiber – but which was, in fact, an undercover entity created by HSI and “staffed” by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI) undercover special agents (the “UC Company”). Sun inquired about purchasing the M60 Carbon Fiber without the required license. In the course of his years’ long communications with the undercover agents and UC Company, Sun repeatedly suggested various security measures that he believed would protect them from “U.S. intelligence.”
Among other such measures, at one point, Sun instructed the undercover agents to use the term “banana” instead of “carbon fiber” in their communications. Consequently, soon thereafter he inquired about purchasing 450 kilograms of “banana” for more than $62,000. In order to avoid detection, Sun also suggested removing the identifying barcodes for the M60 Carbon Fiber, prior to transshipment, and further suggested that they identify the M60 Carbon Fiber as “acrylic fiber” in customs documents.
On April 11, 2016, Sun traveled from China to New York for the purpose of purchasing M60 Carbon Fiber from the UC Company. During meetings with the undercover agents, on or about April 11 and 12, among other things, Sun repeatedly suggested that the Chinese military was the ultimate end-user for the M60 Carbon Fiber he sought to acquire from the UC Company, and claimed to have personally worked in the Chinese missile program. Sun further asserted that he maintained a close relationship with the Chinese military, had a sophisticated understanding of the Chinese military’s need for carbon fiber, and suggested that he would be supplying the M60 Carbon Fiber to the Chinese military or to institutions closely associated with it.
On April 12, 2016, Sun agreed to purchase two cases of M60 Carbon Fiber from the UC Company. On that date, Sun paid the undercover agents purporting to represent the UC Company $23,000 in cash for the carbon fiber, as well as an additional $2,000 as compensation for the risk he believed the UC Company was taking to illegally export the carbon fiber to China without a license. Sun was arrested the next day on April 13, 2016.
Attempting to violate IEEPA carries a maximum sentence of 20 years in prison. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the sentencing of the defendant will be determined by the court based on the advisory Sentencing Guidelines and other statutory factors. Sun is scheduled to be sentenced by Judge Hellerstein on July 26 at 11:00 a.m.
Mr. Kim praised the extraordinary investigative work of the New York Field Office of ICE-HSI; the New York Field Office of the Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement; and the Northeast Field Office of the Department of Defense, Defense Criminal Investigative Service. Mr. Kim also thanked the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division.
This prosecution is being handled the Office’s Terrorism and International Narcotics
and Complex Fraud and Cybercrime Units. Assistant U.S. Attorneys Matthew Podolsky, Patrick Egan and Nick Lewin of the Southern District of New York are in charge of the prosecution, with assistance from Trial Attorney David Recker of the National Security Division’s Counterintelligence and Export Control Section.
Chinese National Pleads Guilty to Attempting to Illegally Export High-Grade Carbon Fiber to ChinaRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, and Mary B. McCord, the Acting Assistant Attorney General for the National Security Division of the Department of Justice (“NSD”), announced that FUYI SUN, a/k/a “Frank,” a citizen of the People’s Republic of China (“China”), pled guilty today before U.S. District Judge Alvin K. Hellerstein to violating the International Emergency Economic Powers Act (“IEEPA”) in connection with a scheme to illegally export to China, without a license, high-grade carbon fiber, which is used primarily in aerospace and military applications.
Acting Manhattan U.S. Attorney Joon H. Kim said: “As Fuyi Sun admitted today in court, he tried to skirt U.S. export laws by hiding his purchase of high-grade carbon fiber for the Chinese military. Sun used fraudulent documents and codewords in his efforts to obtain this highly protected material, which is used in aerospace and defense programs, and to avoid detection. Together with our law enforcement partners, we will continue to enforce the laws that protect our national security.”
NSD Acting Assistant Attorney General Mary McCord said: “Today, Fuyi Sun admitted to attempting to procure high-grade carbon fiber – which has sophisticated aerospace and defense applications – for the Chinese military. The defendant was willing to pay a premium to evade U.S. export laws and illegally transfer this highly protected material. The National Security Division will continue to identify those who violate IEEPA and other laws that protect our national assets from reaching the hands of potential adversaries.”
According to the allegations contained in the Complaint and the Indictment filed against SUN and statements made in court filings and proceedings, including today’s guilty plea:
Since approximately 2011, SUN has attempted to acquire extremely high-grade carbon fiber, including Toray type M60JB-3000-50B carbon fiber (“M60 Carbon Fiber”). M60 Carbon Fiber has applications in aerospace technologies, unmanned aerial vehicles (commonly known as “drones”) and other government defense applications. Accordingly, M60 Carbon Fiber is strictly controlled – and requires a license for export to China – for nuclear non-proliferation and anti-terrorism reasons.
In furtherance of his attempts to illegally export M60 Carbon Fiber from the United States to China without a license, SUN contacted what he believed was a distributor of carbon fiber – but was, in fact, an undercover entity created by HSI and “staffed” by HSI undercover special agents (the “UC Company”). SUN inquired about purchasing the M60 Carbon Fiber without the required license. In the course of his years’ long communications with the undercover agents and UC Company, SUN repeatedly suggested various security measures that he believed would protect them from “U.S. intelligence.” Among other such measures, at one point, SUN instructed the undercover agents to use the term “banana” instead of “carbon fiber” in their communications. Consequently, soon thereafter he inquired about purchasing 450 kilograms of “banana” for more than $62,000. In order to avoid detection, SUN also suggested removing the identifying barcodes for the M60 Carbon Fiber, prior to transshipment, and further suggested that they identify the M60 Carbon Fiber as “acrylic fiber” in customs documents.
On April 11, 2016, SUN traveled from China to New York for the purpose of purchasing M60 Carbon Fiber from the UC Company. During meetings with the undercover agents, on or about April 11 and 12, among other things, SUN repeatedly suggested that the Chinese military was the ultimate end-user for the M60 Carbon Fiber he sought to acquire from the UC Company, and claimed to have personally worked in the Chinese missile program. SUN further asserted that he maintained a close relationship with the Chinese military, had a sophisticated understanding of the Chinese military’s need for carbon fiber, and suggested that he would be supplying the M60 Carbon Fiber to the Chinese military or to institutions closely associated with it.
On April 12, 2016, SUN agreed to purchase two cases of M60 Carbon Fiber from the UC Company. On that date, SUN paid the undercover agents purporting to represent the UC Company $23,000 in cash for the carbon fiber, as well as an additional $2,000 as compensation for the risk he believed the UC Company was taking to illegally export the carbon fiber to China without a license. SUN was arrested the next day, April 13, 2016.
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SUN, 53, pled guilty today to attempting to violate IEEPA, which carries a maximum sentence of 20 years in prison. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. SUN is scheduled to be sentenced by Judge Hellerstein on July 26, 2017 at 11:00 a.m.
Mr. Kim praised the extraordinary investigative work of the New York Field Office of the Department of Homeland Security, Homeland Security Investigations; the New York Field Office of the Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement; and the Northeast Field Office of the Department of Defense, Defense Criminal Investigative Service. Mr. Kim also thanked the Counterintelligence and Export Control Section of the Department of Justice’s National Security Division.
This prosecution is being handled by the Office’s Terrorism and International Narcotics and Complex Frauds and Cybercrime Units. Assistant United States Attorneys Matthew Podolsky, Patrick Egan, and Nick Lewin are in charge of the prosecution, with assistance from Trial Attorney David Recker of the Counterintelligence and Export Control Section.
Childcare Worker Sentenced to 6+ Years in Prison for Possession of Images of Child RapeRead the Press Release
A childcare worker was sentenced today in U.S. District Court in Seattle to 78 months in prison and 15 years of supervised release for possession of child pornography, announced U.S. Attorney Annette L. Hayes. KYLE J. TATE, 34, of Seattle was arrested in May 2016 and pleaded guilty in November 2016. At the sentencing hearing, U.S. District Judge Richard A. Jones noted that TATE had sought “nearness to children…. This is not a silent crime,” the Judge said, “because of the damage to victims and their families.”
“This defendant made a point of working with children and lulling parents and employers into trusting him – and then betrayed that trust,” said U.S. Attorney Annette L. Hayes. “This conviction and sentence will provide protection for our communities. Not only will Mr. Tate spend time in prison, when he gets out he will be subject to federal monitoring for 15 years, and will be required to register as a sex offender.”
According to records filed in the case, TATE came to the attention of law enforcement when another individual implicated him in the collection and sharing of child pornography. Due to TATE’s employment in childcare, investigators moved quickly to get a warrant to search his home and digital devices. Those devices contained more than 5600 images and 627 videos showing children, including infants, being sexually molested and abused. At the time of his arrest TATE worked at the Hutch Kids Childcare Center – and had been responsible for the infant care room for nearly five years. Previously he worked as a Sunday school teacher, as a teacher at KinderCare and as a care provider at the YMCA.
The case was investigated by U.S. Immigration and Custom’s Enforcement’s Homeland Security Investigations (HSI) and the Seattle Police Department’s Internet Crimes Against Children Task Force (ICAC).
The case is being prosecuted by Special Assistant U. S. Attorney Cecelia Gregson. Ms. Gregson is a Senior Deputy King County Prosecutor specially designated to prosecute child exploitation cases in federal court.
Cedar Rapids Felon Sentenced to over 24 Years in Federal Prison for Methamphetamine and Firearm ChargesRead the Press Release
A man who led police on a high speed chase before attempting to dispose of a firearm in a cornfield was sentenced on April 11, 2017, to more than 24 years in federal prison.
Clayton Don Gregory, age 36, from Cedar Rapids, received the prison term after a November 14, 2016, guilty plea to distributing 50 grams or more of methamphetamine and being a felon in possession of a firearm and ammunition.
In a plea agreement, Gregory admitted he sold methamphetamine to a confidential informant on multiple occasions in July 2016. During a search at Gregory’s residence in August 2016, officers seized methamphetamine, marijuana, several rounds of ammunition, and a partially dismantled revolver. One week after the search, officers attempted to stop a vehicle in which Gregory was a passenger. During the pursuit, the original driver exited the car and Gregory took over driving, reaching speeds of 80 to 85 miles per hour in 25 and 30-mile‑per‑hour zones. Gregory drove to a cornfield, got out of the car, and hid in the cornfield. He was eventually apprehended by a K-9 unit. Officers discovered a 9 mm Ruger pistol partially buried in the cornfield, and a separate magazine containing 9 mm ammunition.
Gregory was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Gregory was sentenced to 293 months’ imprisonment on the drug count, and 120 months' imprisonment, concurrent, on the gun charge. A special assessment of $200 was imposed. He must also serve a five-year term of supervised release after the prison term. There is no parole in the federal system.
Gregory is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by the Cedar Rapids Police Department, Iowa Division of Narcotics Enforcement, and Bureau of Alcohol, Tobacco, Firearms, and Explosives, and prosecuted by Assistant United States Attorney Dan Chatham.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-CR-00072-1-LRR.
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California Return Preparer Sentenced to Prison for Filing Fraudulent Tax ReturnsRead the Press Release
A San Diego, California tax return preparer was sentenced to 37 months in prison today for preparing fraudulent tax returns, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to documents filed with the court, Marla Lynn Cunningham owned and operated Cunningham’s Tax Service, a tax preparation business located in El Cajon, California. From 2010 through 2012, Cunningham prepared fraudulent returns for her clients that reported fake business losses, charitable contributions, and medical, dental, education and unreimbursed employee expenses. Cunningham caused a tax loss of approximately $1,237,943.
In addition to the term of prison imposed, Cunningham was ordered to serve one year of supervised release and will be ordered to pay $91,867 in restitution to the ternal Revenue Service (IRS). Cunningham pleaded guilty in December 2016 to three counts of preparing false tax returns.
Acting Deputy Assistant Attorney General Goldberg commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Trial Attorneys Matthew R. Hoffman and Benjamin J. Weir of the Tax Division, who are prosecuting the case. Acting Deputy Assistant Attorney General Goldberg also thanked the U.S. Attorney’s Office of the Southern District of California for their substantial assistance.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Brazilian National Arrested for Possessing FirearmsRead the Press Release
BOSTON – A Brazilian national, who entered the United States illegally in 2002, will appear in federal court today for possessing firearms and ammunition.
Acemar Damaceno, 37, who was residing in Weymouth, was taken into federal custody yesterday and charged in a criminal complaint with one count of being an alien in possession of a firearm and ammunition. U.S. District Court Magistrate Judge Marianne B. Bowler scheduled a probable cause and detention hearing for 2:30 p.m. today.
According to court documents, federal law enforcement authorities received information that a man known as “Marcus” was offering to sell firearms to a cooperating witness (CW). On March 11, 2017, the CW visited Marcus’ home in Weymouth where Marcus allegedly stated that he would kill anybody for a fee. Marcus proceeded to show the CW a .45 caliber handgun, a shotgun and a bag containing various amounts of ammunition that Marcus hid in the basement of his residence. Marcus also allegedly offered to sell the .45 caliber handgun to the CW for $1500. The CW cooperated with law enforcement officers and identified Marcus as Acemar Damaceno.
According to the criminal complaint, on April 7, 2017, law enforcement officers stopped Damaceno in his vehicle as he left his home, at which time Damaceno admitted that he was not a citizen and that he was illegally present in the United States. Damaceno was administratively arrested. During a search of his residence, a .45 caliber Kimber Ultra Ten II pistol loaded with ten .45 caliber rounds of ammunition and an Iver Johnson Champion shotgun without a serial number were recovered. A trace of the Kimber pistol determined that it was reported stolen in Connecticut in October 2011.
The charge of being an alien in possession of a firearm and ammunition provides for a sentence of no greater than 10 years in prison, three years of supervised release, a fine of $250,000 and deportation upon the completion of the imposed sentence. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Matthew Etre, Special Agent in Charge of the Homeland Security Investigations in Boston, made the announcement today. Assistant U.S. Attorney Nicholas Soivilien of Weinreb’s Major Crimes Unit is prosecuting the case.
The details contained in the charging document are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in the court of law.
Bolingbrook Man Arrested on Child Pornography Charge for Allegedly Enticing Underage Boy to Engage in Sexually Explicit ConductRead the Press Release
CHICAGO — Federal authorities have arrested a Bolingbrook man for allegedly using social media to entice an underage boy to produce sexually explicit images and engage in sex acts with him.
RONALD GOBENCIONG, 44, posed online as three separate individuals – an escort, an escort’s manager, and a client – in order to recruit and entice the underage boy to produce pornographic images and engage in sexual relations with him, according to a criminal complaint and affidavit filed in federal court in Chicago. As part of online and text communications with the boy, Gobenciong requested and received pornographic photos and at least one video of the boy, whom Gobenciong knew was only 17 years old at the time, the complaint states. In February, Gobenciong engaged in sexual acts with the boy at a hotel in Burr Ridge, for which he gave the boy money, the complaint states. Gobenciong later threatened to distribute the pornographic images unless the boy continued to have sex with him, according to the complaint.
Gobenciong, also known as “David Marco,” “Steve John,” and “Joe,” was arrested on Thursday. The complaint charges him with one count of producing child pornography. A detention hearing is scheduled for April 24, 2017, at 3:00 p.m., before U.S. Magistrate Judge Maria Valdez in Chicago.
The complaint was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; Michael J. Anderson, Special Agent in Charge of the Chicago office of the Federal Bureau of Investigation; and Cook County Sheriff Thomas J. Dart. Valuable assistance was provided by the Child Exploitation Unit of the Cook County Sheriff’s Police and the Bolingbrook Police Department.
The public is reminded that a complaint is not evidence of guilt. The defendant is presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Production of child pornography is punishable by a minimum sentence of 15 years in prison and a maximum of 30 years. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory U.S. Sentencing Guidelines.
The government is represented by Assistant U.S. Attorney Eric S. Pruitt.
If you believe you are a victim of sexual exploitation, you are encouraged to call the National Center for Missing and Exploited Children at 1-800-843-5678. The hotline is available 24 hours a day, seven days a week.
Alexandria Man Pleads Guilty to Scamming more than $500,000Read the Press Release
ALEXANDRIA, Va. – An Alexandria man pleaded guilty today to a 15-year fraud scheme to obtain $366,716 in federal financial aid through U.S. Department of Education programs, stealing $136,000 in federal grant funds from the National Science Foundation, and making a false statement to receive a United States passport.
According to the criminal information and plea agreement filed in court, Adelaja Allen Arojuraye, 45, pleaded guilty to wire fraud, theft of government funds, and passport fraud, agreeing to $502,716 in forfeiture and restitution.
According to the statement of facts filed with the plea agreement, by February 2001, Arojuraye received more than $50,000 in federal financial aid under his first social security number. As part of a scheme to obtain more federal financial aid, and avoid repayment of the debt, Arojuraye fraudulently obtained three social security numbers in his own name. Over a 15-year period, Arojuraye used two of the fraudulently obtained social security numbers to accrue $311,418 in debt that he either defaulted on or caused to be placed in forbearance without making any payments. In 2015 and 2016, Arojuraye used his father and mother’s social security numbers without permission to fraudulently receive another $55,298 in federal financial aid. During the execution of his scheme, Arojuraye lied on a U.S. passport application by entering “000-00-0000” as his social security number, even though he knew he had been issued multiple social security numbers.
In November 2012, Arojuraye falsely certified in a grant application to the National Science Foundation that he was not delinquent on any federal debt. Arojuraye received more than $136,000 in federal grant benefits based on the fraudulent application.
Arojuraye faces a maximum penalty of 20 years in prison for wire fraud, 10 years for theft of government funds, and 15 years for passport fraud, when sentenced on August 11. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Steve A. Linick, Inspector General for the Department of State; Kathleen S. Tighe, Inspector General of the Department of Education; Michael McGill, Special Agent-in-Charge, Social Security Administration Office of the Inspector General; and Allison C. Lerner, Inspector General of the National Science Foundation, made the announcement after U.S. District Judge Claude M. Hilton accepted the plea.
The case was investigated by the Offices of Inspectors General for the U.S. Department of Education, Social Security Administration, National Science Foundation, and U.S. Department of State. The federal agencies partnered with and received substantial assistance from the Northern Virginia Community College Police Department. Special Assistant U.S. Attorney Brian D. Harrison is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:17-cr-082.
19 Members and Associates of Violent Street Gang in the Bronx Charged in Federal Court with Racketeering, Narcotics, Robbery, Extortion, and Firearms OffensesRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, James P. O’Neill, the Commissioner of the Police Department for the City of New York (“NYPD”), Angel M. Melendez, the Special Agent-in-Charge of the New York Field Office of the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“HSI”), and James J. Hunt, the Special Agent-in-Charge of the New York Field Division of the Drug Enforcement Administration (“DEA”), announced charges yesterday against 19 members and associates of the “Slut Gang,” a violent street gang operating in the Bronx, New York, primarily at the Boston Secor public housing development (“Secor”). The defendants are charged with racketeering conspiracy, narcotics conspiracy, robbery conspiracy, extortion, and firearms offenses.
Acting Manhattan U.S. Attorney Joon H. Kim said: “Today’s indictment charges members and associates of a violent street gang with allegedly wreaking havoc on the streets of the Northern Bronx for years, committing countless acts of violence against rival gang members and innocents alike. Thanks to the terrific investigative work of the NYPD’s Bronx Gang Squad, HSI’s Violent Gang Unit, and the New York Field Division of the DEA, these alleged criminals will face justice in federal court.”
NYPD Commissioner James P. O’Neill said: “This gang allegedly acted with impunity in the Bronx. But this morning, detectives and agents carried out precise, targeted arrests against the defendants who, as alleged, committed robberies, shootings, and other violence to protect their drug trade. Tonight, the Bronx will be even safer because of the persistence of our detectives, DEA and HIS agents, and prosecutors in the Southern District who brought today’s charges.”
HSI Special Agent-in-Charge Angel M. Melendez said: “Drugs, guns, and robbery are just the beginning of the charges faced by members of the Slut Gang. This is a violent street gang with alleged involvement in shootings, stabbings, and beatings over several years. The collaboration between federal and local law enforcement agencies is paramount to gang investigations in New York and forcing gang members to face charges for their actions.”
DEA Special Agent-in-Charge James J. Hunt said: “Gangs in New York that allegedly traffic drugs throughout our city streets fuel addiction and violent crime. Law enforcement’s focused efforts to reclaim our city from these gangs have led to numerous takedowns over the past three years and yesterday’s arrests.”
According to the Superseding Indictment[1] unsealed in Manhattan federal court and other publicly filed documents:
The Superseding Indictment arises from a joint investigation, beginning in 2014, by the NYPD, HSI, the DEA, and the Bureau of Alcohol, Tobacco, Firearms & Explosives into a number of warring street gangs in the Northern Bronx. On April 27, 2016, 120 members of two of these gangs – the Big Money Bosses (“BMB”) and the 2Fly YGz (“2Fly”) – were charged in two cases pending now before United States District Judges Alison J. Nathan and Lewis A. Kaplan – U.S. v. Nico Burrell et al., and U.S. v. Laquan Parrish et al. Forty-seven of 63 defendants in Burrell have already pled guilty, and 49 of 57 defendants in Parrish have already pled guilty.
One of the primary rivals of BMB and 2Fly was the Slut Gang. The Superseding Indictment charges members and associates of the Slut Gang with numerous acts of fatal and non-fatal violence during last several years, including shootings, stabbings, slashings, beatings, extortion, and robberies, as well as drug dealing.
To date, agents and officers have seized, among other evidence, quantities of crack, heroin, MDMA, and marijuana, as well as firearms and ammunition. During the investigation, pursuant to court-authorized electronic surveillance, agents and officers also intercepted hundreds of phone calls, during many of which various members and associates of the
Slut Gang discussed their racketeering and narcotics activities.
* * *
In a coordinated operation, 12 defendants were arrested in New York Wednesday and yesterday. They were presented yesterday afternoon in Manhattan federal court. Defendant KERMIT IRIZARRY was in custody on state charges and was transferred to federal custody. Defendant MAURICE STEELE was arrested and was presented yesterday in the Middle District of Florida. Defendant STEVE BORIA was already in federal custody on a related charge. The following defendants are still being sought: NIORGE LOPEZ, JONATHAN FERRELL, DAYVON WILSON, and ISAIAH GRANT. Charts identifying each defendant, the charges, and the maximum penalties are attached to this release.
The case is assigned to U.S. District Judge Ronnie Abrams.
Mr. Kim praised the outstanding investigative work of the NYPD’s Bronx Gang Squad, HSI’s Violent Gang Unit, and the New York Field Division of the DEA, as well as the United States Marshals’ Service, New York State Office of Probation, and New York State Division of Parole for their assistance in yesterday’s arrests. He also thanked the Bronx County District Attorney’s Office and the Department of Investigation for their support in this ongoing investigation.
The Office’s Violent and Organized Crime Unit is overseeing the case. Assistant U.S. Attorneys Rachel Maimin, Hagan Scotten, Jessica Feinstein, Drew Johnson-Skinner, and Alison Moe are in charge of the prosecution.
The charges contained in the Superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Superseding Indictment, and the description of the Superseding Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
20 April 2017
Woman Sentenced to Three Years in Prison for Distributing OxycodoneRead the Press Release
PHOENIX – This week, Ma de Lourdes Casas-Franco, 45, of Nogales, Sonora, Mexico, was sentenced to 36 months in prison by U.S. District Judge Steven P. Logan. Casas-Franco had previously pleaded guilty to conspiracy to possess with intent to distribute a controlled substance and money laundering conspiracy.
According to the plea agreement, Casas-Franco worked at a Mexican pharmacy, Sonora's Desert Pharmacy, from June 2010 through July 2011. On numerous occasions, Casas-Franco arranged to have oxycodone pills, a Schedule II controlled substance, delivered from the pharmacy in Mexico to a customer in the United States. She also arranged to have the part of the purchase price deposited into a bank account in her name maintained in a bank in the United States and part of the purchase price to be deposited into another's bank account. On at least one occasion, the total value of the order was in excess of $10,000.
The investigation in this case was conducted by agencies participating in the Organized Crime Drug Enforcement Task Force, which include, but are not limited to, the Mesa Police Department, Homeland Security Investigations, and the U. S. Postal Inspection Service. The lead agencies were the U.S. Drug Enforcement Administration and Internal Revenue Service-Criminal Investigation. The prosecution was handled by Karen McDonald and Maria Gutierrez, Assistant U.S. Attorneys, District of Arizona, Phoenix.
CASE NUMBER: CR-16-00763-PHX-SPL
RELEASE NUMBER: 2017-034_ Casas-Franco
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Winner Man Sentenced for Abusive Sexual Contact with a ChildRead the Press Release
United States Attorney Randolph J. Seiler announced that a Winner, South Dakota, man convicted of Abusive Sexual Contact With a Child was sentenced on April 11, 2017, by U.S. District Judge Roberto A. Lange.
Joseph Edward Cordier, age 39, was sentenced to 60 months in custody, followed by 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Cordier was indicted by a federal grand jury on April 13, 2016. He pled guilty on January 24, 2017.
The conviction stemmed from an incident that occurred between June 19, 2007, and June 19, 2009, wherein Cordier sexually assaulted a child who was between five and six years old. The incident occurred in Winner Tribal Housing in Tripp County.
This case was investigated by the Federal Bureau of Investigation and the South Dakota Division of Criminal Investigation. Assistant U.S. Attorney Kirk Albertson prosecuted the case.
Cordier was immediately turned over to the custody of the U.S. Marshals Service.
Weymouth Man Pleads Guilty to Illegally Possessing Assault-Style Weapons and AmmunitionRead the Press Release
BOSTON – A Weymouth man pleaded guilty yesterday in federal court in Boston in connection with possessing assault-style weapons and ammunition.
Robert Nicholas Kurtzer, 36, pleaded guilty to one count of being a felon in possession of firearms and ammunition. According to court documents, Kurtzer was prohibited from possessing ammunition and/or firearms because of a prior state conviction for armed robbery. U.S. District Court Judge William G. Young scheduled sentencing for July 13, 2017.
In spring 2016, agents conducted an investigation into Kurtzer’s activities. On July 12, 2016, law enforcement officers stopped a pick-up truck, in which Kurtzer was a passenger, for a traffic violation. Kurtzer was carrying a large knife on his hip and a canister of pepper spray. Officers asked Kurtzer if there were any weapons in the vehicle, and Kurtzer replied, “Lots of them.” Kurtzer was searched and found in possession of: (1) a 10.5 inch Smith and Wesson fixed blade knife; (2) a canister of Sabre Red O/C spray; (3) one .300 AAC BLK caliber bullet; (4) several .22 caliber long rifle ammunition; and (5) seven .45 caliber Winchester ammunition.
Following Kurtzer’s arrest, officers searched Kurtzer’s Weymouth residence and a secondary storage locker where the following items were seized: two assault rifles (including a Midwest Industries AR15-style assault rifle with an optic scope attached to the top, and an AR15-style assault rifle with unknown manufacturer and a 37mm flare launcher attached to it); a Marlin bolt-action rifle with an obliterated serial number; two handguns (including a .45 caliber pistol bearing serial number 0615-020055; and a Colt MKIV Series 80 pistol, bearing an after-market Punisher logo); numerous weapons parts for use in the assembly of assault rifles and handguns; one firearm silencer; approximately six unfinished, partly assembled firearm silencers; milling machinery used to manufacture handguns and rifles; and approximately 671 rounds of assorted ammunition.
The charging statute provides a sentence of no greater than 10 years in prison, three years of supervised release and a fine of $250,000. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; Mickey D. Leadingham, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; and Colonel Richard D. McKeon, Superintendent of the Massachusetts State Police made the announcement. Assistant U.S. Attorney Emily Cannon of Weinreb’s Organized Crime & Gang Unit is prosecuting the case.
Washington Man Sentenced for Possession of Unauthorized Access DeviceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mill Creek, Washington, man convicted of Unauthorized Access Device was sentenced on April 11, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Mythyas Troy Godiava, a/k/a Daniel Nguyen, a/k/a Lourde Godiava, age 43, was sentenced to 42 months in custody, followed by 3 years of supervised release, and ordered to pay a $100 special assessment to the Federal Crime Victims Fund.
Godiava pleaded guilty to the charge on December 9, 2016. The charge related to Godiava being stopped by the South Dakota Highway Patrol in Lawrence County on April 4, 2016. A search was conducted on the vehicle and a meth pipe, over 1,000 gift cards, multiple debit/credit cards, a stolen passport, and multiple forms of identification were found. An investigation revealed that for the last several years Godiava has been defrauding various businesses by employing different fraud techniques, such as price tag switching or leaving the store without paying for cartloads of items. Godiava would then hire homeless men and women to return the items for store credit placed on gift cards.
This case was investigated by the South Dakota Highway Patrol and the Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Megan Poppen prosecuted the case.
Godiava was immediately turned over to the custody of the U.S. Marshals Service.
Walgreen Co. Pays $9.86M to Settle Allegations of Improper Medi Cal BillingsRead the Press Release
SACRAMENTO, Calif. — United States Attorney Phillip A. Talbert announced today that Walgreen Co. (Walgreens) has paid $9.86 million to resolve allegations that it violated the federal False Claims Act when it knowingly submitted claims for reimbursement to California’s Medi-Cal program that were not supported by applicable diagnosis and documentation requirements.
Walgreens is one of the largest drugstore chains in the United States, operating approximately 630 stores in California. The company is headquartered in Deerfield, Illinois. The Medi-Cal program is administered by the California Department of Health Care Services (DHCS) and relies on both federal and state funding to provide health care to millions of Californians, including those with low incomes and disabilities.
Medi-Cal utilizes a formulary list, commonly known as “Code 1” drugs, which designates certain restrictions for each listed drug, including restrictions pertaining to diagnoses. Medi-Cal will reimburse certain Code 1 drugs only for approved diagnoses, taking into account criteria such as the drug’s safety, efficacy, misuse potential, and cost. Pharmacies serve the critical gatekeeping function of confirming and certifying that these Code 1 drugs are dispensed for the approved diagnoses. Walgreens may bill for drugs prescribed outside of the approved diagnoses, but it must submit a request to DHCS that includes a justification for the non‑approved use. Today’s settlement resolves allegations that Walgreens failed to confirm and document the requisite diagnoses, and in some instances dispensed drugs for non-approved diagnoses, then knowingly billed Medi-Cal for these prescriptions.
The allegations resolved by this settlement were first raised in two lawsuits filed against Walgreens under the qui tam, or whistleblower, provisions of the False Claims Act by a former Walgreens pharmacist and a former pharmacy technician. The Act allows private citizens with knowledge of fraud to bring civil actions on behalf of the government and to share in any recovery. The whistleblowers in this matter will collectively receive approximately $2.3 million of the recovery proceeds.
“This settlement illustrates our commitment to protect the integrity of California’s Medi‑Cal program,” said U.S. Attorney Talbert. “Regulations like those at issue here protect both critical funding and beneficiaries served. My office will continue working to ensure that pharmacies comply with these regulations.”
This settlement is the result of a joint effort by the United States Attorney’s Office for the Eastern District of California and California’s Bureau of Medicaid Fraud and Elder Abuse. Assistant United States Attorney Catherine J. Swann handled the matter for the United States with assistance from the Department of Health and Human Services, Office of Inspector General, and the Federal Bureau of Investigation. The claims settled by this agreement are allegations only, and there has been no determination of liability.
VA Exonerated in Medical Malpractice LawsuitRead 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, following a 17-day civil trial, Senior U.S. District Judge William M. Skretny dismissed a medical malpractice lawsuit seeking $25,000,000 in damages brought by plaintiffs Edward and Roxanne Blake against the Department of Veterans Affairs Medical Center (VA) in Buffalo. The plaintiffs claimed that the VA failed timely to diagnosis and treat cauda equina syndrome, a sudden compression of the nerves of the lower spine, which can result in severe neurological impairments. Assistant U.S. Attorneys Michael S. Cerrone and Mary E. Fleming handled the defense of the case at trial for the VA.
The plaintiffs claimed that physicians failed to diagnose Blake with cauda equina syndrome when he visited the VA on June 29 and 30, 2006. In his post-trial ruling, Judge Skretny stated that the “plaintiffs have failed to prove” their malpractice claims and found that Blake did not have cauda equina syndrome on those dates. Judge Skretny instead determined that Blake first presented with symptoms of cauda equina syndrome at the VA on the afternoon of July 1, 2006, and he underwent surgery within 24 hours. Judge Skretny concluded that the VA physicians’ treatment of Blake was “well within the standard of care for treating” cauda equina syndrome “in a timely manner.”
At trial, the plaintiffs presented testimony from nine expert witnesses, including seven medical doctors. The Government countered with the testimony of neurosurgeon Dr. Douglas Moreland.
United States Announces Settlement with Chicago Board of Elections to Ensure Compliance with Americans with Disabilities ActRead the Press Release
CHICAGO — The United States Attorney’s Office today announced a settlement with the Board of Election Commissioners for the City of Chicago to ensure accessibility of polling sites to persons with disabilities.
The agreement requires the Board of Elections to ensure that every polling site is accessible to persons with disabilities by the Nov. 6, 2018, election. The Board will provide training to all precinct coordinators on how to install and maintain any temporary equipment and accessibility items, such as wheelchair ramps, accessible parking or the placement of mats over thresholds. On Election Day and during early-voting periods the Board must maintain in working order all facilities and equipment, including lifts, elevators and ramps, that are needed to make polling sites accessible to individuals with disabilities.
The Board cooperated with the U.S. Attorney’s Office to voluntarily reach the settlement agreement without the need for a lawsuit.
The settlement agreement, which became effective on April 11, 2017, was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois.
“The right of individuals to participate in our democratic system of government includes full and equal access to polling sites,” said Acting U.S. Attorney Levin. “This agreement represents an important step toward guaranteeing voting access to all of our citizens.”
In 2016 the Board oversaw 1,452 polling sites that housed 2,069 precincts, and also operated 50 additional sites for early voting in the 40 days leading up to the election. Pursuant to the ADA and Illinois law, all polling places must be accessible to voters with disabilities. In the spring of 2016 the Department of Justice reviewed more than 100 polling places in Chicago and concluded that many have architectural barriers that make them inaccessible to voters who use wheelchairs or have mobility impairments, or voters who are blind or have vision impairments.
In response to the Department’s initial findings, the Board expressed its commitment to making all polling locations accessible to voters with disabilities, and it retained Equip for Equality, the federally funded protection and advocacy system for persons with disabilities in Illinois, to inspect an additional 1,000 Chicago polling sites. In the November 2016 election, Equip for Equality found additional polling sites that were not accessible to voters with disabilities. Pursuant to the settlement agreement, the Board will continue to engage Equip for Equality or some other third-party expert as a consultant to review polling sites and determine whether alternative locations should be used.
Although the United States agreed not to presently institute a civil action alleging discrimination under the ADA, it may review the Board’s compliance with the settlement at any time during the duration of the agreement. If the United States believes the agreement has been violated, it reserved the right to institute a civil action in the appropriate U.S. District Court to enforce the agreement.
The United States is represented by Assistant U.S. Attorney Patrick W. Johnson.
Title II of the ADA prohibits public entities, such as the Board of Election Commissioners for the City of Chicago, from discriminating against people with disabilities in their programs, services and activities. With respect to polling places, public entities are required to select and use polling places that are accessible. To learn more about the ADA and other laws protecting the rights of voters with disabilities, log on to www.ada.gov/ta-pubs-pg2.htm or call the Justice Department's toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD).
U.S. Postal Worker Pleads Guilty to Accepting Bribe to Deliver MarijuanaRead the Press Release
BIRMINGHAM – A former postal carrier pleaded guilty this week in federal court to accepting a bribe to deliver marijuana in the U.S. mail as part of a conspiracy to distribute the drug, announced Acting U.S. Attorney Robert O. Posey and U.S. Postal Inspector Frank Dyer.
DEANN MARCHETT DIXON STEVENSON, 43, of Birmingham, entered her plea Tuesday before U.S. District Court Judge R. David Proctor. The U.S. Attorney’s Office charged Stevenson in February. Her sentencing date has not been set.
Stevenson was a mail carrier at the Meadowbrook Post Office. She pleaded guilty to conspiracy to distribute marijuana in Jefferson and Shelby counties between January 2016 and September 2016. Court documents do not name her co-conspirators.
Stevenson also pleaded guilty to one count of accepting a bribe to deliver U.S. mail.
The U.S. Postal Inspection Service investigated the case, which Assistant U.S. Attorney Brad Felton is prosecuting.
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U.S. Attorney’s Office to Honor Two Law Enforcement AgentsRead the Press Release
United States Attorney Randolph J. Seiler has announced that his office will honor two law enforcement agents with a Distinguished Service Award. The presentation will take place at the South Dakota Police Chiefs’ Association and South Dakota Sheriffs’ Association Spring Conference at The Lodge in Deadwood on April 19, 2017.
The first honoree is Brent Gromer, South Dakota Division of Criminal Investigation Supervisory Special Agent and Internet Crimes Against Children (ICAC) Commander. SSA Gromer is being honored for his dedication to protecting children from online predators. He has been involved in numerous undercover operations, and part of his job with ICAC is to investigate offenders who use the internet, online communication systems, or computer technology to sexually exploit children. SSA Gromer’s investigative abilities and techniques have resulted in the prosecution of numerous child predators. SSA Gromer has been the architect of the proactive Sturgis Bike Rally operations, targeting online predators since 2013. Since that time, each year he innovates methodology in response to the ongoing changes which necessarily occur in these types of cases, including advancements in technology, changes in predators’ behavior, and constant demands drawing limited resources elsewhere. Most recent totals show that combined since that time, the Rally Operation has resulted in over 1,000 months of imprisonment for internet predators. The ICAC Task Force was created to help Federal, State and local law enforcement agencies enhance their investigations.
Also being honored is John Long. Agent Long recently stepped down as Assistant Special Agent in Charge of the Bureau of Indian Affairs after having served virtually his entire distinguished career in South Dakota. Agent Long singlehandedly revitalized the Bureau of Indian Affairs Office of Justice Services upon his arrival in Pine Ridge in 2004. As a result of his extraordinary determination and commitment to the safety of the citizens of the Oglala Sioux Tribe, hundreds of important violent crimes were prosecuted in federal court over many years. Agent Long also distinguished himself through his outreach to other federal agencies, as well as State and law enforcement offices in an effort to bring all resources to the table to stem crime on the reservation.
Two South Florida Men Sentenced to Federal Prison for Aggravated Identity Theft and Wire Fraud ConspiracyRead the Press Release
Jacksonville, Florida – U.S. District Judge Harvey E. Schlesinger has sentenced Wilbert Theodore (33, Miami) to four years and nine months in federal prison and Ralph August Lohier (30, Miami) to three years and six months in federal prison for conspiracy to commit wire fraud and aggravated identity theft. The Court also ordered them to pay restitution to the victims of their crimes and to forfeit computer media and a credit card re-encoder they had used as part of their criminal activity.
According to court documents, in 2016, Lohier and Theodore conspired with another individual in south Florida to obtain debit cards that had been re-encoded with legitimate account numbers belonging to others. In doing so, Lohier was able to obtain fraudulent cards with his name embossed on them. Another portion of the cards were embossed with the name “C.S.” Thereafter, Theodore obtained a counterfeit Florida driver license in the name of C.S. After obtaining the cards and the counterfeit license, Lohier and Theodore traveled from south Florida to various places, including Flagler and Orange Counties, using the cards. They purchased merchandise, funded reloadable debit cards, and sent and received multiple money transfers through Western Union.
On March 8, 2016, a trooper with the Florida Highway Patrol conducted a traffic stop on I-95 in Flagler County on a vehicle being driven by Lohier, with Theodore inside. During the stop, the trooper located the counterfeit driver license in the name of C.S., but containing a picture of Theodore. While detained in the trooper’s vehicle, Theodore and Lohier attempted to conceal a large quantity of re-encoded, reloadable debit cards within the rear section of the vehicle.
A search of Lohier’s vehicle revealed an additional quantity of re-encoded, reloaded debit cards in the name of the Lohier and C.S, computer media, and a credit card re-encoder. Further investigation determined that Lohier and Theodore possessed 86 re-encoded cards.
This case was investigated by the Florida Highway Patrol and the United States Secret Service - Jacksonville Field Office. It was prosecuted by Assistant United States Attorney Kevin C. Frein.
Two Sanford Men Charged in A Drug Conspiracy Involving the Trafficking of Heroin, Cocaine, and Stolen FirearmsRead the Press Release
Orlando, Florida – Acting United States Attorney W. Stephen Muldrow announces the unsealing of a criminal complaint charging Christopher Dickerson (38) and David Heineman (62), both of Sanford, with conspiracy to distribute controlled substances. Dickerson is also charged with possession of a firearm by a convicted felon. If convicted on all counts, Dickerson faces a maximum penalty of life in federal prison. Heineman faces a maximum penalty of 20 years in federal prison. Both men were arrested yesterday and are being detained pending further proceedings.
According to court documents, between March 17 and April 5, 2017, in Orlando, Dickerson and Heineman conspired with each other and sold powder cocaine, heroin, nine firearms, and two bulletproof vests to an undercover agent. Several of the firearms were stolen, including a .45 caliber Glock pistol that was taken on March 23, 2017, from an Orange County Sheriff’s deputy’s vehicle. Due to his multiple prior felony convictions, including possession of cocaine, delivery of hydromorphone, possession of cocaine with intent to sell or deliver, and possession of a firearm by a convicted felon, Dickerson is prohibited from carrying a firearm or ammunition under federal law.
A criminal complaint is merely an allegation that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Orange County Sheriff’s Office, with assistance from the Seminole County Sheriff’s Office and the Brevard County Sheriff’s Office. It will be prosecuted by Assistant United States Attorney Andrew C. Searle.
This is another case prosecuted as part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. Acting United States Attorney W. Stephen Muldrow, along with Daryl McCrary, Special Agent in Charge, ATF, are coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials. It is also a part of ATF’s Frontline Strategy on reducing violent crime in communities.
Two Indicted in Burglary of Nineteen Firearms from Collingdale Firearms DealerRead the Press Release
PHILADELPHIA – A three-count indictment was unsealed today charging Jabaar Tindell (41) and Marc Bredell (28), both of Philadelphia, with theft of firearms from a federal firearms licensee, knowing possession of stolen firearms, and, as against Tindell only, possession of a firearm by a convicted felon, all in connection with a burglary of Suburban Armory, a federally licensed firearms dealer located at 1008 MacDade Boulevard, Collingdale, Pennsylvania, on May 21, 2015. That burglary resulted in the theft of nineteen firearms the indictment alleges.
“ATF will continue to identify and arrest those individuals who steal firearms from our licensed dealers and funnel them into the hands of criminals who use them to commit violent crimes,” said ATF Special Agent in Charge Sam Rabadi. “We are committed to protecting our communities and business owners.”
If convicted of all counts, Tindell faces a maximum sentence of 30 years in prison, while Bredell faces a maximum sentence of 20 years in prison. Each defendant also faces possible fines, supervised release, and special assessments.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Collingdale Police Department and the Delaware County District Attorney’s Office, Criminal Investigation Division. It is being prosecuted by Assistant United States Attorney Eric A. Boden.
An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Two High Point Women Plead Guilty to FraudRead the Press Release
Greensboro, N.C. – Acting United States Attorney Sandra Hairston announced today that two High Point, NC women pleaded guilty on a superseding Bill of Information to conspiracy to defraud the United States’ Supplemental Nutrition Assistance Program (SNAP), formerly known as the Food Stamp Program.
Ingram and Mary Frances Ingram, both of High Point, NC, pleaded guilty in federal court in Winston-Salem before United States District Judge Thomas D. Schroeder. Sentencing has been set for August 22, 2017, at 2 p.m. Each defendant faces a term of imprisonment of up to five years, and a fine of up to $250,000.00. The court may also order restitution to victims of the offense.
The Ingrams are sisters who own and operate Becky’s and Mary’s Restaurant in High Point. The Ingrams used SNAP Electronic Benefit Transfer (EBT) cards belonging to other persons at local grocery stores to purchase food for their restaurant. The investigation revealed that between January 2015 and October 2016, the Ingrams, along with others, used more than 180 EBT cards to purchase food for the restaurant. On November 29, 2016, a federal search warrant was executed at the restaurant owned by the Ingrams. During the search, 21 EBT cards and a notebook containing names, card numbers, and PIN numbers were seized. None of the cards belonged to the Ingrams.
“USDA-OIG is dedicated to working with its federal, state, and local partners to investigate schemes that are devised by criminals to defraud our programs and the American taxpayer. These sisters utilized a supplying scheme to traffic in EBT benefits by illegally obtaining recipients’ EBT cards and purchasing supplies for their restaurant with those cards. In exchange, EBT recipients were paid a reduced amount in cash for use of their cards. The prosecution of these sisters should serve as a strong message that fraud in USDA programs will not be tolerated,” said Karen Citizen-Wilcox, Special Agent-in-Charge for USDA-OIG.
The High Point Police Department and the United States Department of Agriculture, Office of the Inspector General investigated the case. The case was prosecuted by Assistant United States Attorney Anand Ramaswamy.
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Troy Man Sentenced for Gun and Drug CrimesRead the Press Release
ALBANY, NEW YORK – Vashawn Dawkins, age 24, of Troy, New York, was sentenced today to 60 months and one day in prison for possession of a firearm in furtherance of a drug trafficking crime, and possession with intent to distribute cocaine.
The announcement was made by United States Attorney Richard S. Hartunian and Special Agent in Charge Ashan M. Benedict of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
The sentence followed Dawkins’s November 22, 2016 guilty plea. U.S. District Judge Mae A. D’Agostino also imposed a 4-year term of supervised release.
On August 8, 2016, Dawkins possessed more than 500 grams of cocaine together with a 9 millimeter semi-automatic pistol hidden in a basement closet along with other drugs and drug paraphernalia, including a digital scale and chemicals used to convert powder cocaine to crack cocaine. As part of his plea, Dawkins admitted that he purchased the gun in exchange for cash and crack cocaine.
This case was investigated by the ATF and the Albany Police Department, and was prosecuted by Assistant U.S. Attorney Solomon B. Shinerock.
Topeka Woman Sentenced for Health Care Fraud Involving Developmentally Disabled AdultsRead the Press Release
TOPEKA, KAN. - A Topeka woman was sentenced Wednesday to 30 months in federal prison for billing Medicaid for services she did not provide to developmentally disabled adult patients, U.S. Attorney Tom Beall and Kansas Attorney General Derek Schmidt announced today. She was ordered to pay more than $480,000 in restitution.
Kristina Hansel, 45, Topeka, Kan., pleaded guilty in November 2016 in federal court in Topeka to one count of conspiracy to commit health care fraud. The crimes occurred while Hansel owned and operated Achieve Services, LLC, which was licensed to provide day and residential services to developmentally disabled adults.
In her plea, Hansel admitted the following:
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Billing Medicaid for services not provided.
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Providing false and fraudulent documentation, or no documentation at all.
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Making false and fraudulent statements to obtain and renew her license.
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Failing to hire a Registered Nurse or a License Practical Nurse to provide medical services, including medication administration.
Hansel also admitted that in one case she withheld medical treatment from a patient and directed others to help her cover up medication overdoses so licensing authorities would not learn of the problem.
The case was jointly investigated by federal and state authorities and prosecuted by the Kansas Attorney General’s Medicaid Fraud and Abuse Division.
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Tomball Business Executive Sentenced in $15 Million False Invoicing SchemeRead the Press Release
HOUSTON – The owner of Tinkle Management Inc. (TMI) has been ordered to federal prison following his conviction of wire fraud and money laundering, announced Acting U.S. Attorney Abe Martinez. John Blake Tinkle, 60, of Tomball, pleaded guilty Sept. 29, 2016.
Today, U.S. District Judge Alfred Bennett, who accepted the guilty plea, handed Tinkle a 48-month sentence. At the hearing, Tinkle admitted that from 2008 through 2015, he falsely invoiced Houston-based Westlake Chemical Corporation for more than $15.6 million in shipping supplies that TMI never delivered. The court entered a money judgment for the $15.6 million and ordered restitution in the same amount. In handing down the sentence, Judge Bennett commented on the extent of the fraud scheme and noted that since Tinkle was from “good stock”—an upstanding and respected local family—he clearly “knew better.” Tinkle also will be required to serve three years of supervised release following completion of the prison term.
TMI was Westlake’s supplier of plastic shipping bags that Westlake used to ship its chemical products internationally. TMI delivered the shipping bags to Packwell Inc., a packaging and logistics company in La Porte. Packwell then used the bags to package Westlake’s chemical products and ship those products through the Houston ship channel. In addition to invoicing Westlake for bags that had actually been delivered, Tinkle submitted false invoices to Westlake for deliveries of bags to Packwell that, in reality, had not occurred.
Tinkle supported his false invoices to Westlake by attaching Packwell receiving reports Tinkle doctored to purportedly show the undelivered bags had actually been received by Packwell. To obtain financing, Tinkle then caused the fraudulent invoices to be presented to Charter Capital, a Houston factoring company, that relied on the invoices in providing funding to TMI. Westlake and Charter Capital paid TMI millions of dollars based on deliveries that never occurred.
Additional evidence was presented today regarding the pervasiveness of the almost seven-year fraud scheme. In some years, more than 80 percent of the invoices Tinkle submitted to his customer Westlake Chemical were fraudulent. Tinkle spent the money from the scheme supporting his family’s lifestyle, purchasing a new home, travel, an airplane and other items.
Previously released on bond, he was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI and IRS-Criminal Investigation conducted the investigation. Assistant U.S. Attorney Robert S. Johnson is prosecuting the case.
Texas man, Shreveport woman plead guilty to distributing methamphetamineRead the Press Release
SHREVEPORT, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a Texas man and a Shreveport woman pleaded guilty to distributing methamphetamine.
Rogelio Lopez, 47, of Longview, Texas, and Guadaloupe Ponte, 27, of Shreveport, pleaded guilty before U.S. District Judge Elizabeth E. Foote to one count of conspiracy to possess with intent to distribute methamphetamine. According to the guilty pleas, DEA drug task force agents learned that Ponte was distributing methamphetamine in Shreveport. They recorded her on January 12, 2017 setting up sales and then observed her traveling to meet Lopez. Agents arrested the defendants after they arrived at a hotel in separate vehicles. Agents found 82.9 grams of methamphetamine in Lopez’s car and 326.6 grams of methamphetamine when they later searched his Texas home. Lopez admitted to being Ponte’s supplier of methamphetamine.
The defendants face 10 years to life in prison, at least five years of supervised release and a $10 million fine. The court set a sentencing date of August 8, 2017.
The DEA investigated this case with assistance from Shreveport law enforcement. Special Assistant U.S. Attorney R. Paul Gillespie is prosecuting the case.
Tennessee Sheriff Pleads Guilty to Federal Corruption and Civil Rights ChargesRead the Press Release
The sheriff of Fentress County, Tennessee, pleaded guilty today to three counts of honest services fraud and one count of deprivation of rights under color of law.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Jack Smith of the Middle District of Tennessee, Special Agent in Charge Michael Gavin of the FBI’s Memphis Division, Director Mark Gwyn of the Tennessee Bureau of Investigations (TBI) and District Attorney General of Jared Effler the Eight Judicial District in Tennessee made the announcement.
Charles Cravens, 47, of Jamestown, Tennessee, pleaded guilty today before U.S. District Judge Aleta Trauger of the Middle District of Tennessee. Sentencing is scheduled for July 20, 2017.
“Sheriff Cravens selfishly tarnished the reputation and badge worn proudly by so many hard-working and upstanding members of the law enforcement community who risk their lives every day. He shamefully turned his back on the citizens of Fentress County and used the powers of his office to serve his own personal and sexual desires and to victimize the inmates under his charge,” said Acting Assistant Attorney General Blanco. “Our prosecutors and law enforcement partners are committed to rooting out and exposing corruption and abuse of all kinds and at all levels of government.”
“Our citizens deserve public officials who serve their constituents, not their own personal interests,” said Acting U.S. Attorney Smith. “I promise you that elected officials in our district who abuse their authority and take advantage of the trust placed in them by the folks who put them in office will be brought to justice. The U.S. Attorney’s Office and our law enforcement partners serve the people of the entire district, including, not just Nashville, but also rural areas like Fentress County. We will enforce our nation’s laws equally to protect all our citizens of against abuses of power wherever they occur.”
“The citizens of Fentress County and all of Tennessee deserve elected officials who work in the public’s best interest, especially from those officials who are sworn to uphold the law,” said Director Gwyn. “We are grateful to have the cooperation and support of our federal and state partners in investigating officials who abuse that public trust.”“I am grateful to our law enforcement partners for their swift response and assistance to the citizens of Fentress County,” said District Attorney General Effler. “The District Attorney’s Office always stands ready to provide any assistance necessary to investigate and prosecute matters involving public corruption.”
As Sheriff of Fentress County, Cravens served as the chief law enforcement officer within Fentress County. Among his duties as Sheriff, Cravens was responsible for the operation of the Fentress County Jail in Jamestown, Tennessee, a correctional facility housing approximately 147 male and female inmates.
According to admissions in the plea agreement, Cravens used his position as Sheriff to solicit sex from and have sex with female inmates incarcerated at the Fentress County Jail on multiple occasions between July 2016 and April 2017 in exchange for benefits that other inmates did not receive.
Cravens admitted that in July 2016 he summoned an inmate into his office where they engaged in sexual activity. In August 2016, Cravens admitted that he discussed having sex together with two inmates, and that he drove them to a vacant trailer off jail property where the three engaged in sexual activity. Cravens further admitted that he maintained a sexual relationship with these inmates for several months, until they were released from jail, the last being in February 2017. Cravens also admitted that in February 2017, he drove a third inmate outside of the jail to visit a relative and initiated sex with the inmate in his vehicle on the route back. Cravens admitted that had sex with this inmate on at least one other occasion. Cravens also admitted that several of the sexual acts occurred in an official Fentress County Sheriff’s Department vehicle that Cravens was authorized to drive.
According to plea documents, Cravens admitted that he used his position as sheriff to provide additional benefits to these inmates in exchange for sex. Among those benefits, Cravens admitted to personally transporting inmates outside the jail to visit relatives. Cravens also admitted to providing money on three occasions to the relatives of two inmates for depositing into the inmates’ commissary accounts. Cravens further admitted to allowing two inmates to exit the jail building to smoke cigarettes that he either provided personally or directed other jail staff to provide. Cravens further admitted he provided his personal cellular telephone number to the inmates with whom he engaged in sexual conduct so they could call him using the Fentress County Jail telephone system to leave recorded messages with personal requests. According the plea, between Aug. 24, 2016, and March 1, 2017, three inmates placed over 700 calls total to Cravens’ phone.
Also according to the plea, Cravens admitted to using unreasonable force as a law enforcement officer in November 2016, kicking a handcuffed male inmate in the backside and also punching him twice in the back of the head.
The FBI and TBI are investigating the case. This case is being prosecuted by Acting Chief AnnaLou Tirol and Trial Attorneys Andrew Laing and Lauren Bell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Katy Risinger of the Middle District of Tennessee.
Tennessee Sheriff Pleads Guilty to Federal Corruption and Civil Rights ChargesRead the Press Release
The sheriff of Fentress County, Tennessee, pleaded guilty today to three counts of honest services fraud and one count of deprivation of rights under color of law.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney Jack Smith of the Middle District of Tennessee, Special Agent in Charge Michael Gavin of the FBI’s Memphis Division, Director Mark Gwyn of the Tennessee Bureau of Investigations (TBI) and District Attorney General of Jared Effler the Eight Judicial District in Tennessee made the announcement.
Charles Cravens, 47, of Jamestown, Tennessee, pleaded guilty today before U.S. District Judge Aleta Trauger of the Middle District of Tennessee. Sentencing is scheduled for July 20, 2017.
“Sheriff Cravens selfishly tarnished the reputation and badge worn proudly by so many hard-working and upstanding members of the law enforcement community who risk their lives every day. He shamefully turned his back on the citizens of Fentress County and used the powers of his office to serve his own personal and sexual desires and to victimize the inmates under his charge,” said Acting Assistant Attorney General Blanco. “Our prosecutors and law enforcement partners are committed to rooting out and exposing corruption and abuse of all kinds and at all levels of government.”
“Our citizens deserve public officials who serve their constituents, not their own personal interests,” said Acting U.S. Attorney Smith. “I promise you that elected officials in our district who abuse their authority and take advantage of the trust placed in them by the folks who put them in office will be brought to justice. The U.S. Attorney’s Office and our law enforcement partners serve the people of the entire district, including, not just Nashville, but also rural areas like Fentress County. We will enforce our nation’s laws equally to protect all our citizens of against abuses of power wherever they occur.”
“The citizens of Fentress County and all of Tennessee deserve elected officials who work in the public’s best interest, especially from those officials who are sworn to uphold the law,” said Director Gwyn. “We are grateful to have the cooperation and support of our federal and state partners in investigating officials who abuse that public trust.”
“I am grateful to our law enforcement partners for their swift response and assistance to the citizens of Fentress County,” said District Attorney General Effler. “The District Attorney’s Office always stands ready to provide any assistance necessary to investigate and prosecute matters involving public corruption.”
As Sheriff of Fentress County, Cravens served as the chief law enforcement officer within Fentress County. Among his duties as Sheriff, Cravens was responsible for the operation of the Fentress County Jail in Jamestown, Tennessee, a correctional facility housing approximately 147 male and female inmates.
According to admissions in the plea agreement, Cravens used his position as Sheriff to solicit sex from and have sex with female inmates incarcerated at the Fentress County Jail on multiple occasions between July 2016 and April 2017 in exchange for benefits that other inmates did not receive.
Cravens admitted that in July 2016 he summoned an inmate into his office where they engaged in sexual activity. In August 2016, Cravens admitted that he discussed having sex together with two inmates, and that he drove them to a vacant trailer off jail property where the three engaged in sexual activity. Cravens further admitted that he maintained a sexual relationship with these inmates for several months, until they were released from jail, the last being in February 2017. Cravens also admitted that in February 2017, he drove a third inmate outside of the jail to visit a relative and initiated sex with the inmate in his vehicle on the route back. Cravens admitted that had sex with this inmate on at least one other occasion. Cravens also admitted that several of the sexual acts occurred in an official Fentress County Sheriff’s Department vehicle that Cravens was authorized to drive.
According to plea documents, Cravens admitted that he used his position as sheriff to provide additional benefits to these inmates in exchange for sex. Among those benefits, Cravens admitted to personally transporting inmates outside the jail to visit relatives. Cravens also admitted to providing money on three occasions to the relatives of two inmates for depositing into the inmates’ commissary accounts. Cravens further admitted to allowing two inmates to exit the jail building to smoke cigarettes that he either provided personally or directed other jail staff to provide. Cravens further admitted he provided his personal cellular telephone number to the inmates with whom he engaged in sexual conduct so they could call him using the Fentress County Jail telephone system to leave recorded messages with personal requests. According the plea, between Aug. 24, 2016, and March 1, 2017, three inmates placed over 700 calls total to Cravens’ phone.
Also according to the plea, Cravens admitted to using unreasonable force as a law enforcement officer in November 2016, kicking a handcuffed male inmate in the backside and also punching him twice in the back of the head.
The FBI and TBI are investigating the case. This case is being prosecuted by Acting Chief AnnaLou Tirol and Trial Attorneys Andrew Laing and Lauren Bell of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Katy Risinger of the Middle District of Tennessee.
Siblings Plead Guilty as Part of Bank Robbery Conspiracy Using Hoax BombRead the Press Release
BIRMINGHAM – A brother and sister have pleaded guilty to conspiracy to rob a bank by placing a hoax bomb at an elementary school to divert police, announced Acting U.S. Attorney Robert O. Posey, Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Steven L. Gerido and Alabama Fire Marshal Scott F. Pilgreen.
QUINESE NICOLE NICHOLS, 30, of Birmingham, entered her plea Thursday before U.S. District Court Judge Madeline Hughes Haikala to conspiracy to take money from a BBVA Compass Bank in Trussville by “force, violence and intimidation” on Nov. 16. She also pled guilty to conspiring to carry a firearm in furtherance of bank robbery. Her sentencing date has not been set.
Quinese Nichols’ brother, WENDELL ROY NICHOLS JR., 27, also of Birmingham, pleaded guilty to the bank robbery conspiracy last week. His sentencing is scheduled for Aug. 16.
The Nichols are among four people charged in the conspiracy to rob the Trussville bank by drawing the city’s police to Magnolia Elementary School by placing a hoax bomb at the school while it was in session.
ZACHARY EDWARDS, 35, and RALPHEL MAURIE EDWARDS, 34, are the remaining defendants and are scheduled for trial in July. The Edwards lived together but are not related. Both face the bank robbery conspiracy charge. Zachary Edwards also faces the charge of conspiracy to carry a firearm in furtherance of bank robbery, and two counts of being a convicted felon in possession of a firearm – a Ruger 9mm semi-automatic pistol on Nov. 16, and a Mossberg 12-gauge shotgun on Nov. 21.
Zachary Edwards was convicted in Jefferson County Circuit Court in April 2000 of assault, first degree, and discharging a firearm into an occupied dwelling, according to the indictment.
The defendants carried out the conspiracy as follows, according to court records:
In early November, Zachary and Ralphel Edwards and Quinese Nichols discussed plans to rob a bank. Soon thereafter, Zachary and Ralphel Edwards obtained a cardboard box, a stopwatch, strands of wire, gunpowder, Play-Doh and duct tape, which Zachary Edwards used to construct a hoax explosive device. On Nov. 16, Zachary Edwards and Quinese Nichols drove to Magnolia Elementary School in Trussville, where Zachary Edwards placed the hoax device on the hood of a truck in the school’s parking lot. He then called 911 and, while disguising his voice, falsely reported to Trussville Police that he had just seen a Hispanic male place a suspicious package on a vehicle at the school.
Armed with the Ruger pistol, the two then drove to a parking lot near the Compass Bank on Chalkville Mountain Road, which they had visited two days earlier to familiarize themselves with the location. Ralphel Edwards and Wendell Nichols were parked nearby in separate vehicles to serve as lookouts for their co-conspirators.
Zachary Edwards and Quinese Nichols left Trussville without attempting to rob the bank after seeing what they believed to be a police officer close to where they were parked near the bank.
The maximum penalty for the bank robbery conspiracy is five years in prison and a $250,000 fine. The maximum penalty for conspiracy to possess a firearm during a violent crime is 20 years in prison and a $250,000 fine, and the maximum penalty for being a felon in possession of a firearm is 10 years in prison and a $250,000 fine.
The ATF investigated the case in conjunction with Trussville Police and the Alabama State Fire Marshal’s Office. Assistant U.S. Attorneys William G. Simpson and Michael A. Royster are prosecuting the case.
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Seven Sentenced in Conspiracy to Distribute Methamphetamine Across NW AlabamaRead the Press Release
BIRMINGHAM – A federal judge this week sentenced seven people from Jefferson, Walker, Marion and Franklin counties for conspiring to traffic methamphetamine across northwest Alabama, announced Acting U.S. Attorney Robert O. Posey and Drug Enforcement Administration Assistant Special Agent in Charge Bret Hamilton.
U.S. District Court Judge R. David Proctor on Monday sentenced GLADYS IVETTE RODRIGUEZ-VALLE, 34, of Pinson, to nine years in prison. Rodriguez-Valle pleaded guilty to the conspiracy in December, acknowledging she led the operation by sending couriers to Atlanta to buy multiple kilograms of methamphetamine between January 2015 and June 2016 for her and her co-defendants to distribute.
Also on Monday, Judge Proctor sentenced JEFFREY DOUGLAS DUNAWAY, 29, of Bear Creek, and GREGORY KEITH KING, 35, of Hodges, for their roles in the conspiracy. King received nine years and nine months in prison and Dunaway received eight years and nine months in prison.
Today, Judge Proctor sentenced co-defendants ALLEN M. MORGAN, 35, CONNIE HALLMARK BATCHELOR, 44, and EVAN ANDREW NORRIS, 39, all of Jasper, and KEVIN WAYNE BLACKBURN, 44, of Russellville. The judge sentenced Morgan to five years and three months in prison, Batchelor to eight years and four months, Norris to 14 years, and Blackburn to six years and eight months.
The remaining defendant in the case, BRUCE ALAN ROBERTS, 37, of Pinson, is scheduled for sentencing July 18 in the methamphetamine distribution conspiracy and in an unrelated wire fraud conspiracy that he pleaded guilty to in March.
The DEA investigated the case, which Assistant U.S. Attorney L. James Weil Jr. is prosecuting.
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Searcy Man Sentenced to 262 Months' Imprisonment for Production of Child PornographyRead the Press Release
LITTLE ROCK—Patrick C. Harris, Acting United States Attorney for the Eastern District of Arkansas, Diane Upchurch, Special Agent in Charge of the Little Rock Field Office of the Federal Bureau of Investigation (FBI), and Faulkner County Sheriff Tim Ryals, announced today that Mitchell Johnson, 44, of Searcy, was sentenced to 262 months’ imprisonment and ten years of supervised release for production of child pornography.
Johnson was originally indicted in a five-count Indictment on March 2, 2016.Johnson was charged with one count of production of child pornography, two counts of distribution of child pornography, one count of receipt of child pornography, and one count of possession of child pornography. On November 21, 2016, Johnson pleaded guilty to one count of production of child pornography. The remaining counts of the Indictment were dismissed.
In Thursday’s hearing United States District Judge D.P. Marshall, Jr., specifically found that Johnson engaged in sexual contact with a minor. Johnson must also register as a sex offender.
“It is every parent’s worst nightmare to entrust their child to the care of someone else and have them sexually exploited,” Harris said. “What Johnson did to this innocent child is reprehensible and the sentence reflects the gravity of his actions.”
The investigation began in October 2015, when an undercover Faulkner County Sheriff’s investigator (UC) answered an advertisement on Craigslist seeking individuals who were into “family fun, especially dad/son, uncle/nephew.” After answering the advertisement, the UC and Johnson began chatting on the KIK messenger application.
Throughout the course of their conversations, Johnson sent the UC several images of child pornography. One of the images depicted a minor’s erect penis visible above his orange and blue boxer shorts. Johnson described the photograph as the erect penis of an 11-year-old minor who was spending the night at his residence. Johnson told the UC that the minor’s penis became erect when Johnson licked the minor’s nipples while the minor was sleeping.
“Today’s sentence of 21 years is a strong reflection of our repulsion at Johnson’s actions in producing child pornography involving a child under the age of 12,” Upchurch said. “Together with the United States Attorney’s Office for the Eastern District of Arkansas, the Arkansas Attorney General’s Office, the Faulkner County Sheriff’s Office, and the Ouachita Parish in Louisiana, we will continue to be committed to aggressively prosecuting and seeking appropriate punishment for child pornography crimes.”
While investigating Johnson, the FBI received information from the law enforcement in Louisiana that Johnson was engaging in text conversations with another individual and was sending child pornography to that individual. Agents obtained copies of the text messages and determined that Johnson sent the same images of child pornography to the suspect in Louisiana that he sent to the UC.
“The Faulkner County Sheriff’s Office will continue to work diligently, fighting to prevent these types of crimes from occurring in Faulkner County through proactive investigations,” Sheriff Ryals said. “Professional work by the agencies involved paid off in this case, and Mr. Johnson will not be a concern to the citizens for a long time.”
This investigation was conducted by the FBI, the Faulkner County Sheriff’s Office, and the Arkansas Attorney General’s Office. It was prosecuted by Assistant United States Attorney Kristin Bryant.
San Antonio Man Sentenced to Federal Prison for Bank RobberyRead the Press Release
In San Antonio this morning, 55-year-old Daniell Lavale Branch was sentenced to 68 months in federal prison followed by three years of supervised release and ordered to pay $4,772 restitution for committing a bank robbery announced United States Attorney Richard L. Durbin, Jr. and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
On September 12, 2016, Branch pleaded guilty to one count of bank robbery. By pleading guilty, Branch admitted that on February 5, 2016 he committed a bank robbery at the J. P. Morgan Chase Bank on Blanco Road and that on February 16, 2016 he committed another bank robbery at the Frost Bank on Blanco Road.
After the robbery at Frost Bank, two bank employees observed Branch walk out of the front door of the bank and get into the passenger side of a white Dodge Magnum.
San Antonio Police officers were able to locate the Dodge and make a stop of the vehicle. Branch was arrested and during a search of Branch’s person, officers located the stolen bank money.
According to court records, Branch previously spent 30-months in prison for a 1997 bank robbery he committed in New York.
This case was investigated by FBI and prosecuted by Assistant United States Attorney Michael R. Hardy.
Porcupine Man Indicted for Attempted MurderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Porcupine, South Dakota, man has been indicted by a federal grand jury for Attempted Murder, two counts of Assault with a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Discharge of a Firearm during the Commission of a Crime of Violence.
Kison Robertson, age 45, was indicted on April 12, 2017. Robertson appeared before U.S. Magistrate Judge Daneta Wollmann on April 14, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Robertson using a firearm to attempt to murder a male on March 30, 2017, at Porcupine. Robertson additionally used this firearm to assault the male and his son. This assault resulted in serious bodily injury to the male victim.
The charges are merely accusations and Robertson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Robertson was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for June 6, 2017.
Point Hope Walrus Hunters Sentenced for Federal ViolationsRead the Press Release
Fairbanks, Alaska – Acting U.S. Attorney Bryan Schroder and U.S. Fish and Wildlife Service Special Agent in Charge, Ryan Noel, announced today that four Point Hope residents were sentenced in Fairbanks by Senior U.S. District Judge Ralph R. Beistline for charges stemming from their involvement in the illegal taking and waste of walruses near Cape Lisburne, Alaska, in September 2015. In issuing the sentences, the court accepted the concurrent sentencing recommendations of the tribal government of the Native Village of Point Hope, the U.S. Attorney’s Office, the defendants, and the U.S. Fish and Wildlife Service.
Adam T. Sage, 24, Michael R. Tuzroyluk Jr., 21, Guy S. Tuzroyluk, 27, and Jacob Lane, 24, residents of Point Hope, Alaska, pleaded guilty in federal court in Fairbanks for violations of the Marine Mammal Protection Act related to the illegal take of walrus. The charges arose from two hunting trips the men made to Cape Lisburne, Alaska, in 2015, where several hundred to a thousand or more walruses were hauled out on the beach. During the trips, some of the men shot several walruses and salvaged only the ivory tusks, leaving the entire carcass of each animal to waste. On each occasion, their actions caused the herd to stampede, which killed or injured up to two dozen or more additional walruses, half of them calves. All of the walruses killed in the stampedes were left to waste.
As part of a plea agreement, the defendants were sentenced to a three-year term of probation. The Council of the Native Village of Point Hope recommended special terms of probation to be imposed. The U.S. Attorney’s Office and each of the four defendants jointly agreed to those terms. The District Court accepted them and sentenced each defendant to three years’ probation, including these conditions:
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Pay $1000 restitution to be used for walrus conservation projects on Alaskan National Wildlife Refuges;
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Perform 500 hours of community service in Point Hope;
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Publicly apologize for their offenses to the Native Village of Point Hope Council and the Point Hope whaling captains;
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Make 12 public presentations in Point Hope and other coastal villages on hunting ethics and the legal duty to salvage in full any animal taken;
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No hunting of walrus for one year;
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Hunt for the subsistence needs of Point Hope elders during probation.
“The probationary sentence in this case, specifically the jointly recommended special conditions of probation, represent a unique and culturally informed resolution to serious marine mammal violations,” said Acting U.S. Attorney Schroder. “It is appropriate to work with the Native Village of Point Hope and its Council to further the goals of resource protection on which the applicable laws are grounded.”
"The U.S. Fish and Wildlife Service commends its law enforcement and conservation partners in aiding with this logistically difficult and after the fact investigation and prosecution. The village of Point Hope has a long tradition of subsistence hunting and fishing and occupies an important and central leadership role in the stewardship of Pacific walrus in Alaska,” said U.S. Fish and Wildlife Service Special Agent in Charge, Ryan Noel. “We are pleased with the sentence developed by the U.S. Attorney's Office and the representatives of Point Hope and are hopeful that it will enhance public awareness of the sensitivity of walrus haul-outs and the taking of walrus in violation of the law.”
This case was investigated by the U.S. Fish and Wildlife Service Office of Law Enforcement for Northern Alaska, with assistance from the U.S. Fish & Wildlife Service Marine Mammals Management Office, the North Slope Borough Police Department, the North Slope Borough Department of Wildlife Management, the Department of the Interior Office of Inspector General Digital Forensic Lab, and the Alaska Sea Life Center in Seward, Alaska.
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Pine Ridge Man Acquitted of Sexual AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that a Pine Ridge, South Dakota, man was acquitted of Aggravated Sexual Abuse by Force and Sexual Abuse as a result of a federal jury trial in Rapid City on April 13, 2017.
Ryan Bissonette, age 35, was indicted by a federal grand jury on June 17, 2014.
The charges related to an incident that occurred on August 8, 2013, near Pine Ridge. Bissonette was alleged to have used force to engage in a sexual act with a female incapable of consenting, by penetrating her genital opening with his hand and fingers.
The investigation was conducted by the Bureau of Indian Affairs, Office of Justice Services, and the Oglala Sioux Tribe Department of Public Safety. The U.S. Attorney’s Office prosecuted the case.
Paterson, New Jersey, Man Charged with Armed Home Invasion While Posing as A Law Enforcement OfficerRead the Press Release
NEWARK, N.J. – A Paterson, New Jersey, man appeared in federal court today to face charges that he attempted to rob a Paterson residence while dressed in a Passaic County Sheriff’s uniform and wielding a firearm, Acting U.S. Attorney William E. Fitzpatrick announced.
Jason Thompson, 34, complaint in is charged by indictment with one count of conspiracy to commit Hobbs Act robbery, one count of attempted Hobbs Act robbery, one count of brandishing a firearm during a crime of violence, and one count of possession of a firearm by a convicted felon. Thompson was arraigned this morning before U.S. District Judge Claire C. Cecchi in Newark federal court.
According to documents filed in this case and statements made in court:
On Aug. 12, 2015 at around 7:00 a.m., Thompson and Clemente Carlos, 30, of Newark, New Jersey – while dressed in Passaic County Sherriff’s uniforms – accosted a female victim and her infant as the victim was leaving her residence in Paterson. The two men posed as law enforcement officers and led the victim back into her apartment inside the residence.
Once inside, Thompson allegedly removed a firearm from a sidearm holster and pointed it at the victim’s brother, who had been sleeping inside the apartment. Thompson then used a zip-tie to restrain the man’s hands behind his back and instructed him to kneel on the floor. After searching the apartment and failing to find the money they were looking for, Thompson and Carlos left the residence.
Law enforcement officers arrested Thompson outside his Paterson residence on Dec. 2, 2015. During a subsequent search of the residence, officers recovered a loaded revolver handgun from Thompson’s bedroom.
On Dec. 1, 2016, Carlos appeared before Judge Cecchi and pleaded guilty to a one-count information charging him with conspiracy to commit Hobbs Act robbery. Carlos is scheduled to be sentenced on May 2, 2017.
The Hobbs Act conspiracy charge and the attempted Hobbs Act robbery each carry a statutory maximum sentence of 20 years in prison and a $250,000 fine, or twice the gain or loss from the offense. The charge of brandishing a firearm during a crime of violence carries a mandatory minimum sentence of seven years in prison and a maximum sentence of life in prison. The charge of being a felon in possession of a firearm carries a maximum sentence of 10 years in prison and a $250,000 fine.
The charges and allegations in the indictment are merely accusations, and Thompson is presumed innocent unless and until proven guilty.
Acting U.S. Attorney Fitzpatrick credited special agents of the FBI, under the direction of Special Agent in Charge Timothy Gallagher in Newark, and members of the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia M. Valdes, with the investigation leading to today’s charges. He also thanked the Passaic County Sheriff’s Office and the Paterson Police Department for their assistance.
The government is represented by Assistant U.S. Attorney Jamari Buxton of the U.S. Attorney’s Organized Crime/Gangs Unit in Newark.
Defense counsel: Michael Pedicini Esq., Chatham
Parmelee Man Indicted for Firearm OffensesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Felon in Possession of a Firearm and Possession of a Firearm With an Obliterated Serial Number.
Keena Two Eagle, age 32, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 12, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Felon in Possession of a Firearm is up to 10 years in custody and/or a $250,000 fine, and 3 years of supervised release. The maximum penalty upon conviction for Possession of a Firearm With an Obliterated Serial Number is up to 5 years in custody and/or a $250,000 fine, and 2 years of supervised release. Both charges could result in $100 to the Federal Crime Victims Fund, and restitution.
The Indictment alleges that on December 24, 2016, Two Eagle did knowingly possess a 9mm caliber pistol and ammunition, and that the manufacturer’s serial number had been removed, obliterated, and altered.
The charges are merely accusations and Two Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Two Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Parmelee Man Indicted for Assault and Child Abuse ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Parmelee, South Dakota, man has been indicted by a federal grand jury for Assault With a Dangerous Weapon, Assault Resulting in Serious Bodily Injury, and Child Abuse.
Keena Two Eagle, age 32, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on April 12, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Assault is up to 10 years in custody and/or a $250,000 fine, and 3 years supervised release; the maximum penalty upon conviction for Child Abuse is 15 years in custody and/or a $250,000 fine, and 3 years supervised release. Both charges could result in $100 to the Federal Crime Victims Fund and restitution.
The Indictment alleges that on August 16, 2017, Two Eagle assaulted an individual with a knife with the intent to do bodily harm, and that the assault resulted in serious bodily injury. The Indictment further alleges that Two Eagle abused, exposed, tortured, tormented, and cruelly punished multiple children on that date.
The charges are merely accusations and Two Eagle is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk Albertson is prosecuting the case.
Two Eagle was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Owner of Independence Clinic Pleads Guilty to Health Care Fraud SchemeRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that the owner of an Independence, Mo., medical clinic pleaded guilty in federal court today to his role in a fraud scheme that involved disability examinations of veterans and to making false statements regarding his role in the physical examinations of commercial truck drivers.
David L. Biersmith, 80, of Kansas City, waived his right to a grand jury and pleaded guilty before U.S. District Judge Howard F. Sachs to a federal information that charges him with one count of health care fraud and one count of making false statements to a federal agency.
Biersmith was the owner and president of Industrial Medical Center (IMC) in Independence. Although Biersmith had no medical license or other medical credentials, IMC was a drug- and DNA-testing center and had contracts with various entities to provide medical services to patients and to provide drug testing and physical examinations for drivers of commercial motor vehicles.
On April 23, 2013, Biersmith signed a contract with Logistics Health, Inc., to provide disability examinations for veterans to determine the extent of veterans’ impairments and eligibility for benefits. Initially those examinations were conducted by a licensed physician at IMC. When the physician left in July 2013, Biersmith directed Wayne W. Williamson, 74, of Kansas City, and another person to perform the examinations, although they were not authorized to do so under the contract with Logistics Health. Williamson was formerly a physician but lost his medical license due to an earlier fraud scheme and a narcotics distribution charge.
In a separate but related case, Williamson pleaded guilty on Jan. 17, 2017, to health care fraud. Williamson was a medical consultant at IMC during various periods beginning at least as early as 2013 through at least March 2015.
Williamson was formerly a medical doctor but voluntarily surrendered his medical license in 2010 after he pled guilty to health care fraud; conspiracy to distribute Oxycotin, Percocet, and Xanax; and harassing or attempting to harass an investigator with the Missouri State Board of Healing Arts. Williamson was sentenced to three years in federal prison and permanently excluded from participation in Medicare or Medicaid programs.
Williamson admitted that he performed disability examinations for the Department of Veterans Affairs under IMC’s contract with Logistics Health. This was done in violation of Logistic Health’s contract with the Department of Veterans Affairs, which required that disability examinations be conducted by credentialed providers and that the examiners must have a clear and unrestricted license and not be excluded from participation in the Medicare or Medicaid programs.
IMC falsely represented that a licensed physician had completed and electronically signed the Disability Benefits Questionnaires. IMC submitted invoices to Logistics Health to be paid for 209 disability examinations on 53 veterans. In turn, Logistics Health submitted invoices to the Department of Veterans Affairs for the disability examinations performed by its subcontractor, IMC. The Department of Veteran’s Affairs paid Logistics Health $39,155 for the disability examinations performed by its subcontractor, IMC.
In April 2014, Logistics Health contacted the Department of Veterans Affairs—Office of Inspector General hotline and reported the fraudulent activity. Because a credentialed provider did not conduct the disability examinations, the Department of Veterans Affairs had to re-adjudicate all those claims. Some veterans had to be physically re-examined, and others had their claim file reviewed.
In addition to the health care fraud, Biersmith admitted that he made materially false and fraudulent statements related to IMC’s drug testing and medical examinations on drivers of commercial motor vehicles. Those examinations are required by Department of Transportation regulations. In a signed affidavit provided to federal agents, Biersmith stated that he had only signed a “few” physicals and only before, during, or after an examination had been performed by a chiropractor. In fact, Biersmith admitted today, he signed at least 65 such documents using the chiropractor’s name, including instances when the chiropractor did not perform the exam.
Under federal statutes, Biersmith is subject to a sentence of up to 15 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Cindi S. Woolery and Gregg R. Coonrod. It was investigated by the Department of Veterans Affairs—Office of Inspector General, the Department of Transportation—Office of Inspector General, the Department of Labor—EBSA and the Department of Health and Human Services—Office of Inspector General.
Owner and CEO of Debt Collection Company Sentenced to 100 Months in Prison for Orchestrating $31 Million Debt Collection SchemeRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, announced that TRAVELL THOMAS, the owner, chief executive officer (“CEO”), and president of Four Star Resolution (“Four Star”), a Buffalo, New York-based debt collection company, was sentenced in Manhattan federal court to 100 months in prison for orchestrating a scheme to coerce thousands of victims across the country, through false threats and representations, into paying a total of more than $31 million to Four Star to resolve debts these victims purportedly owed. All 14 individuals charged in connection with the Four Star scheme have been convicted. THOMAS pled guilty on November 1, 2016, to conspiracy to commit wire fraud and wire fraud before U.S. District Court Judge Katherine Polk Failla, who also imposed today’s sentence.
Acting U.S. Attorney Kim said: “Travell Thomas was the mastermind behind the largest criminal debt collection scheme ever charged. Using abusive and outrageous threats to take advantage of vulnerable Americans, Thomas and his co-conspirators defrauded victims out of $31 million and Thomas made a small fortune for himself. Thomas will now serve a significant term in federal prison. This Office is committed to prosecuting those who prey and abuse everyday consumers.”
According to the Indictment and other filings in Manhattan federal court, and statements made in connection with THOMAS’s sentencing and other court proceedings:
Between 2010 and February 2015, THOMAS was the co-owner, CEO, and president of Four Star. In that capacity, Thomas oversaw four debt collection offices operated by Four Star in Buffalo and a team of managers and debt collectors. As part of his scheme to defraud individuals throughout the United States, THOMAS falsely inflated the balances of debts owed by individuals in Four Star’s debt collection software so that THOMAS’s debt collectors could collect more money from the victims than the victims actually owed, a practice known within Four Star as “juicing” balances. THOMAS also placed purported debts with more than one of his offices so that multiple collectors from within Four Star could solicit and coerce a particular victim to repay a debt more than once.
As owner and president of Four Star, THOMAS drafted, approved, and disseminated debt collection scripts that contained a variety of misrepresentations and instructed his collectors to make those misrepresentations to consumers over the telephone. At THOMAS’s direction and under his supervision, Four Star’s debt collectors, using a variety of aliases, attempted to trick and coerce thousands of victims throughout the United States into paying millions of dollars in consumer debts through a variety of false statements and false threats, including that: (1) Four Star was affiliated with local government and law enforcement agencies, including the “county” and the district attorney’s office; (2) the consumers had committed criminal acts, such as “wire fraud” or “check fraud,” and if they did not pay the debt immediately, warrants or other process would be issued, at which point they would be arrested or hauled into court; (3) the victims would have their driver’s licenses suspended if they did not pay their debts immediately; (4) Four Star was a law firm or mediation firm and that Four Star’s employees were working with lawyers, a law firm, mediators, or arbitrators; and (5) a civil lawsuit would be filed, or was pending, against the victims for failing to pay their debts. THOMAS also approved an abusive and coercive “mailing campaign,” in which Four Star sent mailers to victims across the country that purported to be from courts and government agencies.
In total, from about January 2010 through November 2014, Four Star collected more than $31 million from thousands of victims across the United States. Of the money that Four Star took in from victims, approximately $1.5 million was paid in cash to THOMAS and his co-owner and co-defendant, Maurice Sessum, approximately $1.4 million was withdrawn from banks and ATMs, and hundreds of thousands of dollars were used to pay for THOMAS’s gambling expenses, season tickets for professional sports games, THOMAS’s wedding reception, and jewelry, among other expenses.
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In addition to his prison term, THOMAS, 38, of Orchard Park, New York, was sentenced to three years of supervised release, and ordered to forfeit $31 million.
In total, 14 individuals associated with Four Star have been charged and pled guilty to defrauding consumers as part of this debt collection scheme. In addition to THOMAS, co-owner and chief financial officer Maurice Sessum, managers Jimmy Stokes, Tacoby Thomas, Heather Gasta, Mark Lavin, and John Salatino, and debt collectors Anthony Caba, Jessica Mann, Charles Starks, William Clark, Columbus Simmons, Michael Calandra, and Jennifer Sherk each pled guilty to conspiracy to commit wire fraud and wire fraud for their roles in the scheme.
Tacoby Thomas, Caba, Starks, Clark, Simmonds, Calandra, and Mann were sentenced by Judge Failla to prison terms of 70 months, 36 months, 37 months, 30 months, 28 months, 15 months, and one year and one day, respectively. The sentencing of the other defendants who have pled guilty is pending.
Mr. Kim praised the efforts of the Office’s Criminal Investigators who led the investigation of this matter. He also thanked the Federal Trade Commission for its assistance.
The prosecution of this case is being overseen by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Edward A. Imperatore, Jennifer L. Beidel, and Jordan L. Estes are in charge of the prosecution.
One “Gangster Disciple” Gang Member Sentenced While Another IndictedRead the Press Release
Jackson, TN – One member of the violent "Gangster Disciples" street gang was sentenced as a felon in possession of a firearm, while another has been indicted on 4-counts of violent crime in aid of racketeering activity, as well as associated weapons charges. Lawrence J. Laurenzi, Acting U.S. Attorney for the Western District of Tennessee, announced the sentencing and indictment today.
Sentencing
According to information presented at sentencing, on July 13, 2015, officers with the Jackson Police Department responded to a domestic disturbance call at 318 West Forest Avenue. After the defendant Brandon Purdy, 27, answered the door, law enforcement saw what was later determined to be a loaded black and silver Smith and Wesson .40 caliber handgun on the kitchen counter within reach of Purdy.
After Purdy was arrested, law enforcement was given consent to search the remainder of the apartment. During the search, a Cobra .380 caliber pistol was found under the couch. Purdy made admissions in a recorded jail call to having knowledge and possession of the two firearms.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) laboratory located in Atlanta, Georgia, did NIBIN testing on the weapons found in Brandon Purdy’s possession. NIBIN, or the National Integrated Ballistics Information Network, is an ATF led program that is used to link violent criminals to the violent crimes they commit by using the firearms they possess or use. The NIBIN program allows law enforcement to leverage technology to assist local agencies, such as the Jackson Police Department, to solve violent crimes. NIBIN is not only instrumental in Jackson, TN, but also in other parts of the country where the criminal element uses firearms to commit crimes of violence.
The weapons possessed by Purdy were tested and compared with evidence recovered from past Jackson crime scenes. The .40 caliber Smith and Wesson pistol was determined to have been used in two Gangster Disciples shootings.
Purdy is a documented member of the Gangster Disciples street gang. His brother, Byron Purdy, is recognized as Governor of Tennessee for the gang, making him the highest ranking Gangster Disciple member in the State. Byron Purdy is currently charged in a 16 defendant indictment with racketeering and drug crimes.
On April 12, 2017, Senior District Judge J. Daniel Breen sentenced Brandon Purdy to the maximum penalty within his guideline range of 37 months’ imprisonment.
Second Indictment for Douglas
On April 17, 2017, Dontoreus Douglas, 29, was indicted in the Western District of Tennessee on 4 counts of violent crimes in aid of racketeering activity (VICAR). Each count is based upon the attempted murder of four different victims on June 12,2012. Each of the VICAR counts has a corresponding count for using and carrying a firearm during and in relation to a crime of violence. There is also one count for being a felon in possession of a firearm.
According to the indictment, Douglas and other members and associates of the Gangster Disciples engaged in narcotics distribution, firearms trafficking, and acts of violence, involving murder, attempted murder and assault.
The Gangster Disciples enterprise has a highly-organized structure with nationwide reach. As of the date of the indictment, the Gangster Disciples were active in 35 states. It is further alleged in the indictment that Douglas committed the attempted murders for the purpose of gaining entrance to or maintaining or increasing position within the Gangster Disciples.
For the four counts of violent crime in aid of racketeering activity, the maximum penalty is 10 years in prison and a $250,000 fine. Each of the using and carrying a firearm in relation of a crime of violence counts has a potential penalty of not less than 10 years, consecutive to the respective VICAR counts.
Douglas is presently in federal custody for charges that are pending from an indictment returned against him in June 2016. That indictment alleges charges of possession of marijuana with intent to distribute, felon in possession of a firearm, and possession of a firearm in furtherance of a drug trafficking crime.
The case was investigated by the ATF and the Jackson Police Department, Gang Enforcement Unit. Assistant U.S. Attorney Beth Boswell is prosecuting this case on the government’s behalf.
The charges and allegations in the indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.