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Thursday 2 March 2017
Sentencings for February 27, 2017 - March 1, 2017Read the Press Release
Jose Modesto Adon Cano, 23, of South Ozone Park, New York, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on March 1, 2017, for possession of equipment to manufacture counterfeit credit cards. Cano was arrested in Laramie, Wyoming. He received 21 months of imprisonment, to be followed by three years of supervised release, and was ordered to pay a $400.00 fine and a $100.00 special assessment. Restitution will be determined at a later date. This case was investigated by the Federal Bureau of Investigation.
Edgar Carrillo-Hernandez, 19, of Mexico, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on March 1, 2017, for illegal re-entry of a previously deported alien into the United States. Carrillo-Hernandez was arrested in Douglas, Wyoming. He received time served, plus ten days, was ordered to pay a $100.00 special assessment, and is subject to deportation upon release from custody. This case was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Clarence Winfrey, 56, of Casper, Wyoming, was sentenced by Chief Federal District Court Judge Nancy D. Freudenthal on February 27, 2017, for possession of child pornography. Winfrey was arrested in Casper, Wyoming. He received 78 months of imprisonment, to be followed by seven years of supervised release, and was ordered to pay a $400.00 fine and a $100.00 special assessment. This case was investigated by the Wyoming Division of Criminal Investigation Internet Crimes Against Children and the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
San Antonio Couple Plead Guilty to Conspiracy to Commit Wire Fraud and Identity TheftRead the Press Release
In San Antonio, 37-year-old Jessica Rivas Alva and her husband, 39-year-old Eric Jon Alva, face up to five years in federal prison after pleading guilty today to a scheme to defraud undocumented immigrants and their family members out of money by falsely claiming to work on behalf of two San Antonio attorneys, announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden.
Appearing before United States District Judge Xavier Rodriguez this morning, both defendants pleaded guilty to one count of conspiracy to commit wire fraud and aggravated identity theft. The charge to which the defendants pleaded guilty alleged that between March 2015 and May 2015, the couple conspired to collect legal fees from incarcerated undocumented immigrants and/or their families under false pretenses.
According to the charge, in April 2015, the Alvas faxed forged letters fraudulently using the name and state bar number of two San Antonio-based attorneys to enable Jessica Alva to gain access to two immigration detention facilities in Louisiana. While at the South Louisiana Correctional Center in Basile and the LaSalle Detention Facility in Jena, Jessica Alva met with detained immigrants and offered to have the attorneys provide legal services for a fee. The immigrants’ families were then instructed to deposit those fees into bank accounts that the Alvas controlled. Jessica Alva was not an attorney and was not actually working for either attorney at the time she made the fraudulent representations. Furthermore, at the time Jessica Alva entered the detention facilities, she was enjoined by a Texas state court from entering any immigration facility in the United States unless accompanied by an attorney for whom she worked.
The conspiracy charge to which the Alvas pleaded guilty also alleged that during telephonic immigration hearings before an immigration court, Eric Alva impersonated one of the San Antonio attorneys and claimed to represent the detained immigrant whose case was before the court.
Both defendants remain on bond pending sentencing scheduled for June 7, 2017, before Judge Rodriguez.
This case was investigated by agents with HSI and Enforcement and Removal Operations for Immigration and Customs Enforcement in cooperation with the Texas Attorney General's Office. Assistant United States Attorney Alan Buie is prosecuting this case on behalf of the Government.
Salem Man Sentenced for Scam Defrauding Home DepotRead the Press Release
BOSTON – A Salem man was sentenced today in U.S. District Court in Boston in connection with a scheme to defraud Home Depot of over $45,000.
Robert Dooley, 56, was sentenced by U.S. District Court Judge Douglas P. Woodlock to 18 months in prison, three years of supervised release, and ordered to pay restitution of $46,798. Dooley was also ordered to stay away from all Home Depot and Lowes stores during his period of supervised release. In August 2016, Dooley pleaded guilty to 10 counts of wire fraud.
Between January 2016 and February 2016, Dooley engaged in a scheme to defraud Home Depot by “returning” items he never purchased from the store, in order to receive store credit. On each occasion, Dooley entered Home Depot stores empty handed and gathered merchandise totaling $500 to $900. At the returns desk, Dooley falsely claimed that he previously purchased the items, but did not have a receipt. When he provided this driver’s license number to the clerk, Dooley often varied the number so the “return” would not immediately be detected as fraudulent. Dooley was then issued a Home Depot gift card for the fraudulent return. Dooley perpetrated the scam over forty times at Home Depot stores in Massachusetts, New Hampshire, Rhode Island and Maine, resulting in over $45,000 in fraudulent returns.
In 2007, Dooley was convicted of federal wire fraud charges arising out of a nearly identical scheme in which he defrauded Home Depot in excess of $330,000 from July 2004 through October 2005. In that case, he was sentenced to five years in federal prison.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement today. The case was prosecuted by Assistant U.S. Attorney Eugenia M. Carris of Weinreb’s Public Corruption Unit.
Rwandan Refugee Convicted of Naturalization Fraud Sentenced to 15 Years in Federal PrisonRead the Press Release
A man who actively participated in the Rwandan genocide and then committed naturalization fraud was sentenced today to 15 years’ imprisonment.
In January 2016, Gervais (“Ken”) Ngombwa was convicted of one count of unlawfully procuring, or attempting to procure, naturalization or citizenship; one count of procuring citizenship to which he was not entitled; one count of conspiracy to unlawfully procure citizenship; and one count of making a materially false statement to agents of the Department of Homeland Security. Following the trial, one of Ngombwa’s counts of conviction was vacated by the court.
The evidence at trial showed Ngombwa knowingly made several material false statements to procure entry into the United States as a refugee from Rwanda in 1998. Notably, Ngombwa falsely claimed to be the brother of Faustin Twagiramungu, a former Prime Minister of Rwanda, who lives in exile in Belgium.
During sentencing proceedings, the government presented the testimony of multiple witnesses, including agents from the Department of Homeland Security. Much of the testimony pertained to Ngombwa’s conduct in Rwanda in the 1990s. The government presented testimony about the 1994 Rwandan genocide, in which hundreds of thousands of people from the Tutsi ethnic group were killed. The evidence showed that Ngombwa was charged and convicted in two Gacaca courts in that country for his involvement in the Rwandan genocide. He was also named in an Indictment brought in 2010 against Jean Uwinkindi by the United Nations Joint Criminal Tribunal for Rwanda, as a co-participant in a “joint criminal enterprise whose common purpose was the commission of genocide against the Tutsi racial or ethnic group and persons identified as Tutsi or presumed to support the Tutsi[.]” Uwinkindi was convicted of the charge in the Indictment and sentenced to life imprisonment in December 2015.
The evidence presented at sentencing also showed that Ngombwa is currently under Indictment in the Republic of Rwanda. That Indictment was brought by the
country’s Prosecutor General in 2014. An international arrest warrant is outstanding on this Indictment. The Rwandan Indictment charges Ngombwa in Count 1 with “Genocide” and alleges, in part, that Ngombwa “is individually liable for having, between 7th April 1994 and July 1994 ordered and committed crimes perpetrated with the intent to destroy in whole the Tutsi ethnic group.” The Indictment alleges Ngombwa drove members of the Interahamwe to the Catholic church “in order to attack and kill Tutsi who had sought refuge there.” Further, it alleges that Ngombwa transported members of the Interahamwe to the Kanzene communal office to kill Tutsi seeking refuge there. It is also charged Ngombwa and the Interahamwe militia, armed with guns and traditional weapons, “such as machetes, spears clubs and other traditional tools, attacked the Tutsi who had sought refuge in the premises of priests” at the Catholic Church, and attacked and killed them. There are additional allegations in Count 1. Moreover, Count 2 charges Ngombwa with “extermination as a crime against humanity.” Count 3 charges Ngombwa with “murder as a crime against humanity.”
Department of Homeland Security agents also testified that as part of their investigation, they personally interviewed multiple witnesses in Rwanda who allegedly saw Ngombwa commit acts of violence during the Rwandan genocide. For instance, many witnesses stated that Ngombwa drove members of the Interahamwe and the military – killers – to locations where they conducted mass killings of Tutsi. According to the witnesses, Ngombwa made derogatory statements concerning the Tutsi; he encouraged others to kill Tutsi; and he personally participated in the killings. According to the witnesses, Ngombwa also participated in the theft or looting of property belonging to Tutsi.
In addition, law enforcement agents testified about Ngombwa’s alleged involvement in a July 2013 fire at his Cedar Rapids home. Ngombwa is currently charged with arson and insurance fraud in the Iowa District Court for Linn County.
After hearing this evidence, United States District Court Judge Linda R. Reade found that Ngombwa “actively participated in the genocide,” made multiple false statements while being resettled as a refugee, committed perjury and obstructed justice, and intentionally set fire to his home in 2013.
Following the sentencing decision, Kevin W. Techau, United States Attorney for the Northern District of Iowa, said, "This prosecution shows human rights violators will not find safe haven in the United States. We will continue to work with our law enforcement partners worldwide to identify, prosecute, and repatriate those who, by fraud, have evaded the administration of justice in their homeland."
“Human rights violators who flee from the atrocities committed in their home countries will not find refuge here,” said Special Agent in Charge Alex Khu, of Homeland Security Investigations (HSI), St. Paul, Minnesota. “HSI is especially proud of the international cooperation between governments and law enforcement agencies this case exemplifies and we will continue to track down those who assisted in persecution and remove those perpetrators from the United States.”
Ngombwa was sentenced to 180 months’ imprisonment and 3 years’ supervised release. There is no parole in the federal system. After announcing her sentencing decision, Judge Reade immediately remanded Ngombwa to the custody of the United States Marshals Service. Ngombwa will now await placement at a Bureau of Prisons facility to serve his sentence. At a later date, defendant will be processed for removal from the United States to Rwanda after the completion of his prison term. Judge Reade has already revoked Ngombwa’s United States citizenship.
The case was originally referred to the Department of Homeland Security in 2011 by the Prosecutor General of Rwanda. The case is being prosecuted by Assistant United States Attorneys Richard L. Murphy and Ravi T. Narayan, and was investigated by Homeland Security Investigations.
Court file information is available at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 14-CR-00123.
Follow the office on Twitter @USAO_NDIA.
Rio Rancho Woman Sentenced to Prison for Federal Meth Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Linda Styler, 66, of Rio Rancho, N.M., was sentenced today in federal court in Albuquerque, N.M., to 18 months in prison for her conviction on methamphetamine trafficking charges. Styler will be on supervised release for two years after completing her prison sentence.
Styler and co-defendant Edward Lucero, 41, also of Rio Rancho, were arrested on Jan. 6, 2016, on a four-count indictment charging them with conspiring to distribute methamphetamine in July and Aug. 2015; distributing methamphetamine on July 31, 2015; and possessing distribution quantities of methamphetamine on Aug. 27, 2015. Styler and Lucero were charged with committing the crimes in Sandoval County, N.M.
On Sept. 30, 2016, Styler pled guilty to the indictment. In her plea agreement, Styler admitted supplying Lucero with 24.3 grams of 100% pure methamphetamine on July 22, 2015, which Lucero distributed to an undercover agent. She also admitted supplying Lucero with 47.3 grams of 98% pure methamphetamine on July 31, 2015, which Lucero distributed to an undercover agent. According to the plea agreement, on Aug. 27, 2015, law enforcement agents seized approximately 230 grams of methamphetamine while executing a search warrant at Styler’s Rio Rancho residence.
Lucero pled guilty on Oct. 6, 2016, to an information charging him with distributing methamphetamine. In entering the guilty plea, Lucero admitted that on July 31, 2015, sold 47.2 grams of 98% pure methamphetamine to an undercover law enforcement agent. At sentencing, Lucero faces a maximum penalty of 20 years in federal prison. He is currently scheduled for sentencing on March 7, 2017.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Kristopher N. Houghton.
Red River County Man Convicted of Bank Robbery & Federal Firearms ViolationsRead the Press Release
TEXARKANA, Texas – A 50-year-old Avery, Texas man has been convicted by a jury following a violent crime spree in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Bobby Wayne Lance was found guilty of all eight counts in the indictment following a four-day trial before U.S. District Judge Robert W. Schroeder, III today. Lance was convicted of bank robbery, carjacking, two counts of Hobbs Act robbery, and four counts of possession of a firearm during a violent crime.
According to information presented in court, on Nov. 8, 2015, Lance robbed the Cinemark Movies 8 Cinema in Paris, Texas. On Nov. 14, 2015, Lance robbed the Carter’s Store and RV Park convenience store near DeKalb, Texas. On Nov. 17, 2015, Lance robbed the First National Bank of Mount Vernon, Cypress Springs Branch, in Scroggins, Texas of $73,946. Also on Nov. 17, 2015, Lance carjacked a vehicle from another individual. Lance used a handgun during each of these violent crimes. Lance was indicted by a federal grand jury on Dec. 16, 2015.
Under federal statutes, Lance faces up to 25 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing 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 U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation, Paris Police Department, Texarkana, Texas Police Department, Franklin County Sheriff’s Office, Red River County Sheriff’s Office, Bowie County Sheriff, and the Texas Rangers. This case was prosecuted by Assistant U.S. Attorneys Ryan Locker, Robert Wells, and Jonathan Ross.
Racketeering Kingpin Sentenced to Life in PrisonRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that MANUEL GEOVANNY RODRIGUEZ-PEREZ, a/k/a “Shorty,” was sentenced today by U.S. District Judge Laura Taylor Swain to spend the remainder of his life in prison for his role as a leader of a massive and violent racketeering organization (the “Rodriguez Enterprise”) whose members sold large quantities of marijuana, murdered and attempted to murder nearly 20 people, transported and laundered millions of dollars, obstructed justice and committed perjury, and engaged in firearms offenses.
RODRIGUEZ-PEREZ was previously charged in connection with “Operation Green Venom,” a coordinated multi-agency investigation that was led by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (“ICE HSI”), and first announced in October 2010. On June 7, 2016, RODRIGUEZ-PEREZ pled guilty before Judge Swain to one count of racketeering conspiracy, and accepted responsibility for dozens of illegal acts associated with that conspiracy, including nine murders and 10 attempted murders in the United States and the Dominican Republic.
Manhattan U.S. Attorney Preet Bharara said: “By his own admission, Manuel Geovanny Rodriguez-Perez is a cold-blooded murderer who was responsible for the executions of nine people and attempts on the lives of 10 more. He ruled over his drug enterprise with an iron fist and ruthlessly protected his turf. Today Rodriguez-Perez received a sentence that will ensure he poses no further danger to the people of New York – life behind bars.”
According to the allegations contained in the criminal Indictment and Information, other documents in the public record, and statements made in court: RODRIGUEZ-PEREZ was the highest ranking leader of a narcotics organization involved in a wide range of criminal activity, including the murders of the following victims:
- Francisco Perez, a/k/a “Francie,” on October 26, 1997: Perez was murdered at RODRIGUEZ-PEREZ’s direction and under his watch after RODRIGUEZ-PEREZ decided that Perez was a rival with whom RODRIGUEZ-PEREZ no longer wished to compete. Perez was shot and killed outside a nightclub in upper Manhattan. Rodriguez watched this murder from the safety of a nearby pool hall and later informed a cooperating witness that he had “given himself” this murder as a “birthday present.”
- Antonio Kasse, a/k/a “Toasty,” on December 13, 1998: RODRIGUEZ-PEREZ murdered Kasse because RODRIGUEZ-PEREZ suspected Kasse in the theft of a relatively small amount of marijuana from one of RODRIGUEZ-PEREZ’s stash houses. In the shooting that resulted in Kasse’s death, the hitmen hired by RODRIGUEZ-PEREZ also struck an innocent bystander, permanently paralyzing that victim.
- FNU LNU, a/k/a “Carlos Valentin,” a/k/a “Campi,” in or about 2000: Campi – whose true identity remains unknown – was strangled to death by RODRIGUEZ-PEREZ and his underlings in a public park in the Bronx. Campi was a low-level employee of RODRIGUEZ-PEREZ’s drug business whom RODRIGUEZ-PEREZ suspected of having stolen a small amount of marijuana. RODRIGUEZ-PEREZ buried Campi in a pre-dug grave, and later returned in an unsuccessful effort to locate, exhume, and destroy his victim’s remains.
- Noel Herrera, on December 29, 2001: Herrera was a rival drug dealer murdered by RODRIGUEZ-PEREZ in order to increase the Rodriguez Organization’s profits. He was murdered in the Dominican Republic at RODRIGUEZ-PEREZ’s direction by a team of paid assassins.
- Kelly Perez, a/k/a “Red” on September 16, 2002: RODRIGUEZ-PEREZ ordered the murder of this low-level employee of his business because he believed Perez to have stolen a small amount of marijuana and money, with which he had purchased a particular firearm. Before attempting multiple times to murder Perez, RODRIGUEZ-PEREZ forced Perez to return that firearm and, in spite, ensured that Perez died from a shot fired by the same weapon.
- Marino Molina, on January 11, 2003, and Wilfredo Molina, a/k/a “Willie,” on May 3, 2004: The Molina brothers were rivals of the Rodriguez Organization and associates of RODRIGUEZ-PEREZ’s first victim, Francisco Perez. Marino was murdered by a team of hitmen in the Dominican Republic while attending a baseball game, and Wilfredo was murdered in the drive-way of his family home in the presence of his young son.
- Manuel Rivas, a/k/a “Tony el Mono,” on October 29, 2005: Rivas was a former employee of the Rodriguez Organization whom RODRIGUEZ-PEREZ believed to be cooperating with law enforcement in the investigation of his drug empire. Rivas was murdered in the Dominican Republic by hitmen hired by RODRIGUEZ-PEREZ.
- Richard Cabrera, a/k/a “Bori,” on January 16, 2006: The murder of Richard Cabrera demonstrates RODRIGUEZ-PEREZ’s ruthlessness in support of his narcotics business. Cabrera had been a hitman for RODRIGUEZ-PEREZ in the murder of Francisco Perez, described above, and RODRIGUEZ-PEREZ murdered Cabrera in order to safeguard against the possibility of Cabrera revealing RODRIGUEZ-PEREZ’s role in that earlier murder.
Noel Herrera, Marino Molina, and Manuel Rivas were each murdered by or at the command of RODRIGUEZ-PEREZ in the Dominican Republic. Wilfredo Molina was murdered at the command of RODRIGUEZ-PEREZ in New Jersey, and the remaining victims were murdered in New York City.
Additionally, RODRIGUEZ-PEREZ was ordered to pay $25 million as a forfeiture penalty, which is the approximate amount of gross proceeds received by RODRIGUEZ-PEREZ derived from racketeering activities, properties in New York, Florida, and the Dominican Republic, and cash and jewelry seized by law enforcement officers.
RODRIGUEZ-PEREZ, age 43, has been in federal custody since October 15, 2010, when he was arrested during a takedown of more than 50 members of a massive marijuana trafficking ring that transported ton-quantities of marijuana from Florida and California for distribution in the greater New York area from the early 1990’s to 2010.
In sentencing RODRIGUEZ-PEREZ, Judge Swain said a life sentence was warranted because of the “breadth and violence” of his criminal conduct, which showed an “immense willingness and capacity to exact vengeance and violence.” Judge Swain described the “collateral damage caused” by RODRIGUEZ-PEREZ’s crimes as “catastrophic and immeasurable.”
Mr. Bharara praised the outstanding investigative work of ICE HSI, the New York City Police Department, and the U.S. Drug Enforcement Administration. He also thanked the U.S. Marshals Service, the Bergen County, New Jersey, Prosecutor’s Office, the Englewood, New Jersey, Police Department, the U.S. Department of Housing and Urban Development, and the New York City Department of Investigation for their assistance, and added that the investigation is continuing.
The investigation and prosecution of the cases arising from “Operation Green Venom” has been overseen by the Office’s Violent and Organized Crimes Unit. Assistant U.S. Attorney Andrew C. Adams is responsible for the prosecution.
Racketeering IndictmentRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, David Capp, announced a variety of racketeering charges in an 18 count indictment against 4 members and associates of the “2500” street gang, with associations to the “Grit Gang”, a street gang in Bloomington, Indiana. Named in the indictment are:
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Demetri D. Beachem, aka “Meech”, 22, of Fort Wayne, Indiana
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William D. Beamon, aka “Lil Will”, 24, of Fort Wayne, Indiana
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Kyombe D. Bolden, “aka Pudge”, 25, of Bloomington, Indiana
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Ronnie D. Burrus, “aka Ronnie Robinson, Ronnie Burris and Yung Ron”, 24, of Bloomington, Indiana
The “2500” originated in the 2500 block of Caroline Street in Ft. Wayne. The indictment alleges that “2500” is a criminal organization engaged in acts of violence, including murder, attempted murder and drug trafficking. Specifically alleged are the attempted murders of two rival gang members on October 4, 2014, in Ft. Wayne. Also alleged is an attempted murder of a third person, not a rival gang member.
USA Capp stated, “I greatly appreciate the cooperative law enforcement effort here in Ft. Wayne. This is our first use of the federal racketeering statutes against street gangs in this area. It will not be our last. We are going to continue to focus our efforts on criminal organizations and utilize the federal racketeering statutes to remove them from the streets.”
The United States Attorney's Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This multi-agency investigation was conducted by the Federal Bureau of Investigation’s Safe Streets Task Force in Fort Wayne, which includes the Federal Bureau of Investigation, the Allen County Police Department, the Fort Wayne Police Department, and the Indiana State Police. Also assisting with this investigation were the Bloomington Police Department, the Indiana State Police Laboratory Division, and the Fort Wayne Police Department’s Detective Bureau and Gang Unit. This case is being handled by Assistant United States Attorney Anthony W. Geller.
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Physician Admits to Illegally Distributing 39,000 Pills, Pleads Guilty to Federal ConspiracyRead the Press Release
LITTLE ROCK— Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas, and Stephen G. Azzam, Special Agent in Charge of the Drug Enforcement Administration (DEA) announced today that Dr. Richard Duane Johns, 49, of Little Rock, pleaded guilty to conspiracy to distribute oxycodone without an effective prescription. Dr. Johns was responsible for illegally distributing at least 39,000 pills, with a street value of more than $1,000,000.
Dr. Johns pleaded guilty Thursday to a one-count superseding information before Chief United States District Court Judge Brian S. Miller, who will pronounce sentence at a later date. The conviction carries a maximum possible sentence of 20 years’ imprisonment, $1,000,000 fine, and three years’ supervised release. Dr. Johns was initially charged with 18 others in a federal indictment returned on September 2, 2015.
As part of the plea agreement, Dr. Johns agreed to forfeit $155,620 that constituted proceeds of the conspiracy, and a Ford F250 truck that facilitated the conspiracy. The money and vehicle were seized during the investigation. Additionally, the parties have agreed to litigate at the time of sentencing any additional amount of money that is to be forfeited as proceeds of the conspiracy.
"Dr. Johns, while purporting to be a health-care professional, is nothing more than a common drug dealer," Thyer said. "With opioid abuse continuing to kill at alarming rates, and an opioid epidemic sweeping across the country, the fact that doctors sworn to help people are contributing to the problem is unconscionable. Dr. Johns will soon face the consequences of his illegal actions, and we will continue to aggressively pursue any health care professionals who have similar criminal thoughts in mind."
The conspiracy primarily operated in Lonoke, White, and Pulaski counties. On May 18, 2015, the Lonoke County Sheriff’s Office took Dr. Johns into custody charging him with 187 counts of violating the Arkansas controlled substances act, a class C state felony. The federal indictment later charged Dr. Johns and 18 others in a conspiracy to distribute oxycodone. Dr. Johns was charged in six additional counts of illegal distribution of oxycodone which have been dismissed by the United States as part of the plea agreement.
This investigation began in November 2014 when Lonoke County Sheriff’s detectives responded to an opioid overdose death of an individual outside Cabot. The Sheriff’s Office solicited the assistance of the DEA, and the agencies began a joint investigation to determine the source of the oxycodone which led to the overdose. The investigation determined that 187 fraudulent prescriptions for oxycodone written by Dr. Johns had been filled and distributed since July 2014 in Lonoke County alone. The prescriptions totaled approximately 16,830 oxycodone pills with a street value of $504,900. A total of 38 individuals associated with Dr. Johns were charged with violating the Arkansas controlled substances act in Lonoke County Circuit Court. To date, 17 of those individuals have entered guilty pleas.
"This was a tremendous effort by all our agencies working together to get a drug dealing doctor off the streets before even more people were hurt," Lonoke County Prosecutor Chuck Graham said.
In White County Circuit Court, a total of 15 individuals associated with Dr. Johns were charged with various drug crimes associated with Dr. Johns’ enterprise. All 15 of those individuals have entered guilty pleas.
"This investigation was an excellent show of cooperation between federal, state, and local law enforcement agencies," White County Prosecutor Rebecca Reed said. "Opioid addiction is a serious problem in our community and this case brought the topic to the forefront of substance abuse discussions."
During the course of the ongoing investigation, the DEA determined that Dr. Johns was part of a distribution network spanning several counties in which he would write oxycodone prescriptions in individuals’ names. Co-conspirators would bring names and dates of birth to Dr. Johns with the intent of buying a prescription for oxycodone. Dr. Johns would issue the prescription without examining the individual, and in many cases, without ever having met the individual. Dr. Johns would then sell the fraudulent prescriptions for $500 each.
Prescriptions were filled at local pharmacies, and the oxycodone tablets sold in the community for an average of $30 each. Co-conspirators acknowledged purchasing such fraudulent prescriptions from Dr. Johns since 2011. Dr. Johns pleaded guilty to illegally distributing 39,000 30 mg oxycodone pills from January 1, 2014 to May 2015, with the pills having a street value of over $1,000,000.
"Prescription drug abuse is an epidemic in this country that destroys countless lives," DEA Special Agent in Charge Azzam said. "The DEA is fully committed to the pursuit of any individual who abandons their oath as a medical practitioner. This conviction sends a clear message to all who engage in the illegal distribution of prescription drugs: we will continue to work with our law enforcement partners, the medical community and the public to identify and stop those responsible for endangering lives in our communities and bring them to justice."
Of the 18 individuals federally charged with Dr. Johns, five have pleaded guilty to conspiracy charges, including Vanessa Byrd (plea entered 10/6/16); James Spiker, Jr. (plea entered 10/9/16); Aaron Cochran (plea entered 11/9/16); Randy Byrd (plea entered on 11/21/16); Donna Cearns (plea entered 1/4/17); and Christine Zeman (plea entered 1/23/17). Charles Mason’s charges were dismissed. Only Vanessa Byrd—who received 37 months’ imprisonment—has been sentenced. Trial on the remaining defendants is set for March 27, 2017.
The case against Dr. Johns is part of a larger national effort led by the DEA dubbed Operation Pilluted, an aggressive campaign that targeted the largest sources of illegally diverted pharmaceuticals in Arkansas, Louisiana, Mississippi, and Alabama. The case was investigated by the DEA—Little Rock Diversion Squad, along with the Federal Bureau of Investigation, Arkansas State Police, Central Arkansas Drug Task Force, Lonoke County Sheriff’s Office, White County Sheriff’s Office, and DEA Little Rock Tactical Diversion Squad composed of officers from the Conway Police Department, Beebe Police Department, Little Rock Police Department, Pine Bluff Police Department, Jefferson County Sheriff’s Office, and the Benton Police. Also involved in the investigation were the United States Marshals Service, Little Rock Police Department, and the Saline County Sheriff’s Office. The case is being prosecuted by Assistant United States Attorney Anne Gardner.
Filed Superseding InformationPhiladelphia Man Charged with Center City Bank RobberyRead the Press Release
John Peck, 51 years old of Philadelphia, Pennsylvania, was charged today by Information with one count of bank robbery, announced Acting United States Attorney Louis D. Lappen. The defendant is alleged to have robbed Branch Banking and Trust Bank (BB&T), located at 1635 Market Street in the City of Philadelphia, in the Eastern District of Pennsylvania on January 30, 2017. The defendant threatened violence against an employee of BB&T Bank with a demand note, while unlawfully taking $566 in United States currency from the bank.
If convicted on the bank robbery, defendant PECK faces a maximum possible sentence of 20 years imprisonment, a 3-year period of supervised release, a $250,000 fine, and a $100 special assessment and restitution in the amount of $566.
The case was investigated by the Federal Bureau of Investigation, Philadelphia Division, and the City of Philadelphia Police Department, and is being prosecuted by Assistant United States Attorney Kelly A. Lewis Fallenstein.
Pennsylvania man sentenced for heroin distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – Jewel D. Woods, 19, of McKees Rocks, Pennsylvania, was sentenced in federal court today to 36 months incarceration for distribution of heroin, Acting United States Attorney Betsy Steinfeld Jividen announced.
Woods admitted that he sold heroin in Harrison County, West Virginia in January 2016. He pled guilty to one count of “Possession with the Intent to Distribute Heroin” in November 2016.
Assistant U.S. Attorney Traci M. Cook prosecuted the case on behalf of the government. The Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge Irene M. Keeley presided.
Owner of Suburban Telemarketing Company Sentenced to a Year in Prison in Patients-For-Cash Kickback SchemeRead the Press Release
CHICAGO — The head of a Homewood telemarketing company has been sentenced to a year in federal prison for pocketing illegal kickbacks in exchange for referring patients to home health care agencies.
As the owner of Serenity Marketing Inc., which did business as Serenity Living, SUNDAE WILLIAMS used unsolicited phone calls to recruit patients, including Medicare beneficiaries, for home health care services. Williams then referred those patients to several Chicago-area nursing agencies in exchange for payments on a per-patient basis.
A jury last year convicted Williams, 47, of South Holland, on one count of conspiracy to solicit and receive remuneration in return for referring Medicare patients, and six counts of soliciting and receiving remuneration in return for referring Medicare patients.
U.S. District Judge John J. Tharp Jr. on Wednesday imposed the prison sentence of 12 months and one day. In addition, Judge Tharp ordered Williams to forfeit $599,000, which represents the proceeds of her crimes.
The sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Lamont Pugh III, Special Agent-in-Charge of the Chicago Region of the U.S. Department of Health and Human Services Office of Inspector General; Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Kristie Osswald, Special Agent-in-Charge of the Chicago Office of the Railroad Retirement Board Office of the Inspector General.
“For at least four years, defendant Sundae Williams helped fuel a system in which skilled nursing agencies and doctors defrauded Medicare by billing for unnecessary services that Medicare beneficiaries did not need or qualify for,” Assistant U.S. Attorney Stephen Chahn Lee argued in the government’s sentencing memorandum. “Defendant’s offense here is serious because it led to the kinds of waste and fraud that the Anti-Kickback Statute was designed to prevent.”
Williams is one of several defendants convicted as part of the federal investigation. The prior convictions include JAMES ADEMIJU, a nurse from Matteson who operated two suburban nursing agencies; Dr. ALAN NEWMAN, one of the doctors at Suburban Home Physicians, which did business as Doctor at Home; and DIANA JOCELYN GUMILA, a nurse and manager of Suburban Home Physicians.
Evidence at Williams’ trial revealed that Serenity employees were trained to cold-call Medicare beneficiaries and convince them to accept home health services. If a Medicare beneficiary expressed interest, Serenity employees obtained the beneficiary’s personal information, including their Medicare number, and provided it to certain home health agencies that had agreed to pay Serenity for such referrals.
The investigation is being carried out by the Medicare Fraud Strike Force, which is part of the Health Care Fraud Prevention & Enforcement Action Team, a joint initiative between the U.S. Justice Department and the U.S. Department of Health and Human Services to prevent fraud and to enforce anti-fraud laws around the country. Dozens of defendants have been charged in numerous fraud cases since the strike force began operating in Chicago in 2011.
The government is represented Mr. Lee and Cornelius Vandenberg.
Ohio man indicted on methamphetamine and firearms chargesRead the Press Release
An Ohio man was indicted on methamphetamine and firearms charges, said U.S. Attorney Carole S. Rendon.
Matthew R. Golech, 37, was indicted one count of possession with the intent to distribute methamphetamine and one count of using a firearm in furtherance of drug trafficking.
Golech, on Jan. 15, had approximately a 50 grams of methamphetamines. He also had a Bersa Firestorm .22 caliber pistol which he used in furtherance of drug trafficking, according to the indictment.
The case is being prosecuted by Assistant U.S. Attorney Aaron P. Howell following an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the United States of America’s burden to prove each defendant’s guilt beyond a reasonable doubt.
If convicted, a defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendants’ prior criminal record, if any, the defendants’ roles in the offense and the characteristics of the violations.
North Haven Man Sentenced to 68 Months in Federal Prison for Trafficking CocaineRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that BERNARDO ROMAN-ROLAN, also known as “Benny,” 41, of North Haven, was sentenced today by U.S. District Judge Robert N. Chatigny in Hartford to 68 months of imprisonment, followed by four years of supervised release, for trafficking cocaine.
According to court documents and statements made in court, in the fall of 2015, the DEA New Haven Task Force initiated an investigation into a cocaine trafficking organization headed by Halby “Harv” Lopez. Omar Polanco-Mendez and ROMAN-ROLAN were the second and third in command, respectively. The investigation revealed that Lopez, Polanco-Mendez and ROMAN-ROLAN were obtaining bulk quantities of cocaine from multiple suppliers and redistributing the cocaine to a network of New Haven-area street-level dealers. The investigation included court-authorized wiretaps, controlled purchases of drugs and the seizure of multiple kilograms of cocaine.
Investigators intercepted numerous conversations in which ROMAN-ROLAN discussed the distribution of cocaine. Intercepted calls also revealed that, in January 2016, ROMAN-ROLAN received two shipments of cocaine on behalf of Lopez and Polanco-Mendez.
On March 24, 2016, a grand jury in New Haven returned a 13-count indictment charging ROMAN-ROLAN, Lopez, Polanco-Mendez and seven other individuals with various narcotics offenses. All of the defendants pleaded guilty.
ROMAN-ROLAN has been detained since his arrest on March 11, 2016. On October 7, 2016, he pleaded guilty to one count of conspiracy to distribute between 500 grams and two kilograms of cocaine.
ROMAN-ROLAN’s criminal history includes convictions for drug trafficking and manslaughter.
On February 24, 2017, Polanco-Mendez was sentenced to 120 months of imprisonment. Lopez awaits sentencing.
The DEA New Haven Task Force includes participants from the New Haven, Hamden, West Haven, North Haven, East Haven, Branford, Ansonia, Meriden and Derby Police Departments, and the U.S. Marshals Service.
This matter is being prosecuted by Assistant U.S. Attorneys Patrick Caruso and Jennifer Laraia.
New York man sentenced for possessing counterfeit credit, debit cardsRead the Press Release
WHEELING WEST VIRGINIA – Scott Garcia, 22, of New York, was sentenced to nine months incarceration for possessing multiple counterfeit credit and debit cards, Acting United States Attorney Betsy Steinfeld Jividen announced.
Garcia possessed in excess of fifteen counterfeit devices, to wit: fraudulently produced Western Union netSpend, Mastercard debit cards, gifts cards fraudulently obtained from various retail merchants, and stolen credit card numbers. He pled guilty to one count of “Fraud Related to Access Devices” in August 2016.
Assistant U.S. Attorney David J. Perri prosecuted the case on behalf of the government. The United States Secret Service and the Ohio County Sheriff’s Office investigated.
U.S. District Judge John Preston Bailey presided.
New Jersey Resident Pleads Guilty to Theft of Public MoneyRead the Press Release
A New Jersey man pleaded guilty today in the U.S. District Court for the District of New Jersey in Newark, to one count of theft of public money, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to information and documents presented to the court, from approximately December 2010 through April 2014, Derrick M. Madison, 39, of Jersey City, New Jersey, used the Internal Revenue Service’s (IRS) telephone payment system hundreds of times in an effort to make fake payments to a taxpayer account he controlled from bank accounts that were closed, frozen or had minimal balances. The goal was to induce the IRS to fully credit these fake payments and then for the IRS to “refund” Madison for his overpayments. On one occasion, the IRS issued Madison a $170,681 refund check, which he deposited into his bank account.
Sentencing is scheduled for June 12. Madison faces a statutory maximum sentence of 10 years in prison, a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorneys Eric Powers and Jeffrey Bender of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Navajo Man from Shiprock Pleads Guilty to Federal Involuntary Manslaughter ChargeRead the Press Release
ALBUQUERQUE – Byron Harold Peshlakai, 25, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pled guilty today in federal court in Albuquerque, N.M., to an involuntary manslaughter charge.
Peshlakai was arrested in Oct. 2016, on an indictment charging him with involuntary manslaughter. According to the indictment, Peshlakai killed the victim with his vehicle while driving under the influence of alcohol on the Navajo Indian Reservation on Oct. 25, 2015.
During today’s proceedings, Peshlakai pled guilty to the indictment without the benefit of a plea agreement. At sentencing Peshlakai faces a maximum penalty of eight years in federal prison. A sentencing hearing has yet to be scheduled.
This case was investigated by the Farmington office of the FBI and the Navajo Nation Department of Public Safety. Assistant U.S. Attorney Michael D. Murphy is prosecuting the case.
Nashua Felon Pleads Guilty to Fraud SchemeRead the Press Release
BOSTON – A Nashua man pleaded guilty today in U.S. District Court in Boston in connection with defrauding investors in a purported water resource company and laundering money obtained through various online fraud schemes.
Edmond P. LaFrance, 70, pleaded guilty to an indictment charging him with two counts of wire fraud and three counts of money laundering. A sentencing date has not yet been scheduled.
From 2012 to 2013, LaFrance solicited investments and loans for a shell company he created, Natural Waters, that fraudulently claimed to buy and sell mineral water in bulk. In fact, there were no mineral water sales and a large portion of the investor money LaFrance received was directed to his own uses or transferred to co-conspirators. The indictment further charged that around 2015, LaFrance laundered money for various online fraud schemes being perpetrated by individuals located primarily outside of the United States. LaFrance allegedly accepted hundreds of thousands of dollars from victims he did not know, and with whom he had no business relationship, and wired the money to third parties whose true identities were concealed from the victims.
In 1990, LaFrance was convicted in federal court of structuring currency transactions, making false statements and conspiring to defraud the United States. In 2007, he was convicted a second time of wire fraud and making false statements.
The charge of wire fraud provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $250,000 and restitution. The charge of money laundering provides for a sentence of no greater than 20 years in prison, three years of supervised release, a fine of $500,000 and restitution. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, made the announcement today. Assistant U.S. Attorney Stephen P. Heymann of Weinreb’s Economic Crimes Unit is prosecuting the case.
Myrtle Beach Man Enters Guilty Plea in Federal Court on Fraud ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Howard Dillon, age 49, of Myrtle Beach, South Carolina, pled guilty on Monday in federal court in Florence, to Conspiracy to Manufacture and Pass Counterfeit Securities, a violation of Title 18, United States Code, Section 371. United States District Judge R. Bryan Harwell of Florence accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that during the period from August 2015 through January of 2016, Dillon and others were involved in a conspiracy to manufacture and pass counterfeit securities (checks) of organizations.The co-conspirators would make counterfeit checks using genuine bank account and routing numbers they obtained from checks they stole out of mailboxes in Horry and Georgetown Counties.
The defendants would then use fraudulent driver's licenses bearing their photographs but in other persons' names which matched the names on the counterfeit checks, to pass these counterfeit checks at various businesses.
The defendants would use the checks to purchase merchandise at one store, then they would go to another store in the same chain and exchange the merchandise for cash.
Ms. Drake stated the maximum penalty the defendants can receive is a fine of $250,000 and/or imprisonment for 5 years, plus a special assessment of $100.
The case was investigated by agents of the U.S. Postal Inspection Service. Assistant United States Attorney Brad Parham of the Florence office handled the case.
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Massachusetts Man Charged with Child Pornography OffensesRead the Press Release
A Massachusetts man was charged today in a U.S. District Court in Springfield, Massachusetts, for the possession, receipt and distribution of digital images of child pornography.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; Acting United States Attorney William D. Weinreb of the District of Massachusetts; Special Agent in Charge Harold H. Shaw of the FBI’s Boston Division; Chief Jody Kasper of the Northampton, Massachusetts, Police Department; Chief Robert Alberti of the Easthampton, Massachusetts, Police Department; Superintendent Colonel Richard D. McKeon of the Massachusetts State Police; and Chief John Camerota of the Westfield, Massachusetts, Police Department made the announcement today.
Bruce Singer, 70, of Southampton, Massachusetts, was charged in an indictment with five counts of distribution of child pornography, one count of receipt of child pornography and one count of possession of child.
According to the indictment, between April 30, 2013 and June 25, 2015, Singer engaged in several acts of distributing and receiving electronic child pornography files. The indictment further alleges that Singer possessed more than a dozen child pornography files.
The charges and allegations contained in an indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Assistant U.S. Attorney Alex J. Grant of the District of Massachusetts, Springfield Branch Office, and Trial Attorney Leslie Fisher of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) are investigating the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. 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.projectsafechildhood.gov.
Marion Man Enters Guilty Plea in Federal Court on Gun ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Willis Terrance Dorsey, age 30, of Marion, pled guilty on Monday in federal court in Florence, to possession with intent to distribute crack cocaine, a violation of Title 21, United States Code, Section 841(a)(1) and 841(b)(1)(C) and possession of a firearm in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1). United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that on February 2, 2016, officers with the Darlington County Sheriff’s Department initiated a traffic stop on Dorsey on Interstate 20 in Darlington, South Carolina. After determining that Dorsey did not have a valid driver’s license, officers found 26 grams of crack cocaine on Dorsey's person and a 9mm Keltec pistol in the vehicle. Dorsey subsequently told the officers that he had been selling crack cocaine. Individuals who sell illegal drugs while armed with a firearm are subject to prosecution pursuant to Title 18, United States Code, Section 924(c) because of the inherent danger of violence created by the presence of a firearm.Ms. Drake stated the defendant faces a maximum term of imprisonment of 20 years on the drug charge and a mandatory minimum sentence of five years and a maximum of life in prison on the firearms charge.
The case was investigated by the Darlington County Sheriff’s Department. Assistant United States Attorney Buddy Bethea of the Florence office handled the case.
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Manhattan Man Pleads Guilty to Scheme to Defraud Car Buyers over the InternetRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, announced that DAVON DAVIS pled guilty today to wire fraud charges in connection with a scheme to defraud prospective car buyers over the Internet. DAVIS pled before U.S. Magistrate Judge Lisa M. Smith in White Plains federal court.
DAVIS is charged with one count of conspiracy to commit wire fraud.
Manhattan U.S. Attorney Bharara stated: “Davon Davis brazenly defrauded individuals who thought they were purchasing cars with their hard-earned money, but in fact there were no cars to be sold. Davis has now admitted his crime and will face the consequences of his actions.”
According to the Information filed in White Plains federal court and public information:
From late 2013 through early 2015, DAVIS and others defrauded individuals who sought to purchase cars over the Internet from businesses they believed were located in White Plains, New York, and other locations. In reality, the address in White Plains and the businesses did not exist, and DAVIS and his co-conspirators did not own or legally possess any of the cars that were supposedly for sale on the Internet. DAVIS and his co-conspirators stole close to $200,000 from car buyers located all over the United States.
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DAVIS faces a maximum sentence of 20 years in prison on the charge in the Information. The statutory maximum penalty is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.
DAVIS will be sentenced by U.S. District Judge Kenneth M. Karas on a date to be determined.
Mr. Bharara praised the outstanding efforts of the Federal Bureau of Investigation, the Westchester County District Attorney’s Office, and the White Plains Police Department.
This case is being handled by the Office’s White Plains Division. Assistant U.S. Attorney John P. Collins Jr. and Special Assistant United States Attorney Lauren Abinanti of the Westchester County District Attorney’s Office are in charge of the prosecution.
MS-13 Gang Members Indicted for 2016 Murders of Three Brentwood High School StudentsRead the Press Release
A 41-count second superseding indictment was unsealed today in federal court in Central Islip, which charges thirteen MS-13 members with racketeering, seven murders, attempted murders, assaults, obstruction of justice, arson, conspiracy to distribute marijuana, and related firearms and conspiracy charges. Four of those defendants were arrested earlier this morning and will be arraigned this afternoon before United States District Judge Joseph F. Bianco at the federal courthouse in Central Islip. Additionally, during the execution of a search warrant at the home of MS-13 leaders ALEXI SAENZ, also known as “Blasty” and “Big Homie,” and JAIRO SAENZ, also known as “Funny,” this morning, investigators recovered an arsenal of weapons, including a loaded 9mm semi-automatic handgun, numerous rounds of ammunition, including additional 9mm, .38 caliber, .357 caliber, and other assorted rounds, machetes, a sword, a hatchet, and knives. Further, investigators recovered a quantity of marijuana packaged for resale, ledgers, and MS-13 paraphernalia.
Among the offenses added in the second superseding indictment are murder charges against A. SAENZ, J. SAENZ, SELVIN CHAVEZ, also known as “Flash,” and ENRIQUE PORTILLO, also known as “Oso” and “Turkey,” in connection with the murders of Brentwood High School students Nisa Mickens and Kayla Cuevas, who were killed on September 13, 2016, and murder charges against ELMER ALEXANDER LOPEZ, also known as “Smiley,” “Little Smiley” and “Alex,” GERMAN CRUZ, also known as “Bad Boy,” and two other defendants, who are still fugitives at this time, relating to the murder of Jose Pena, who also attended Brentwood High School and was killed on June 3, 2016, but whose skeletonized remains were not recovered until October 17, 2016. Two other MS-13 members, who were juveniles at the time of the murders, have been charged with the Cuevas and Mickens murders, and a third juvenile MS-13 member has been charged with the Pena murder. By statute, those cases remain under seal at this time.
The charges were announced by Robert L. Capers, United States Attorney for the Eastern District of New York, William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), Timothy D. Sini, Commissioner, Suffolk County Police Department (SCPD), and Thomas C. Krumpter, Acting Commissioner, Nassau County Police Department (NCPD).
“The brutal murders of Nisa Mickens and Kayla Cuevas, and the savage killing of Jose Pena, allegedly committed by these defendants, exemplify the depravity of a gang whose primary mission is murder,” stated United States Attorney Capers. “As the MS-13 continues its efforts to expand and entrench itself in our communities, both by sending gang members to illegally enter the United States from Central America, and by recruiting new members from our schools and neighborhoods, this Office and the FBI’s Long Island Gang Task Force will continue our mission to dismantle the MS-13 and free our neighborhoods from the terror they cause.” Mr. Capers expressed his grateful appreciation to all the members of the FBI’s Long Island Gang Task Force.
“Stamping out gangs and the violence they bring to our neighborhoods remains a top priority for the FBI. Since 2003, the FBI’s Long Island Gang Task Force has been combining the resources of our agents and detectives who, although they are from different agencies, work together in carrying out one mission: to protect the right to live in a society free from violence. Whether you live in Brentwood or the Hamptons, you have a right to safety and security in your neighborhood. That’s why we’re here today and it’s the reason we’re not going away,” stated FBI Assistant Director-in-Charge Sweeney.
“The day Nisa Mickens and Kayla Cuevas were heinously murdered, the Suffolk County Police Department made a commitment to their families and to the residents of Brentwood that justice would be served. Today, in collaboration with the FBI and the United States Attorney’s Office, we have delivered on that promise. We have also promised to eradicate MS-13 from our streets and we remain fully committed to finishing the job. We will continue to keep the pressure on this ruthless gang and anyone who associates with them, and we will spare no resource to accomplish our objective. I want to thank every member of the Suffolk County Police Department for their steadfast determination, commitment and professionalism on this investigation and a special thank you to our partners in the FBI and the U.S. Attorney’s Office for their outstanding work on this case,” stated SCPD Commissioner Sini.
“These recent arrests in a combined multi-jurisdictional law enforcement effort should be a prime example of how these heinous murders by gang members will not go unpunished. I would like to acknowledge the exceptional investigative work which led to the arrests of these defendants and express my sincere condolences to the victims and their families,” stated NCPD Acting Commissioner Krumpter.
The second superseding indictment adds charges against LOPEZ, who previously was charged with two attempted murders, CRUZ and two other defendants in connection with the June 3, 2016 murder of Jose Pena. As detailed in the second superseding indictment and the government’s detention letter, which was filed earlier today, the MS-13 decided to kill Pena, a member of the MS-13, because he was suspected of violating gang rules. Prior to the murder, LOPEZ, CRUZ and other members of the Freeport Locos Salvatruchas (FLS) clique of the MS-13 held meetings where they discussed punishing Pena for the rules violations. After consulting with gang leadership in El Salvador, the FLS members agreed to murder Pena, and tasks were assigned to each of the members of the clique to carry out the plan, including obtaining weapons and a vehicle to be used in the murder. On June 3, 2016, LOPEZ and several other FLS members lured Pena into a car that was provided by CRUZ. They drove Pena to a secluded wooded area in Brentwood, where they attacked him, taking turns stabbing and slashing him with knives.
As detailed in the second superseding indictment and the government’s detention letter, A. SAENZ, J. SAENZ, CHAVEZ, and PORTILLO are charged with the September 13, 2016 murders of Nisa Mickens and Kayla Cuevas. In the months leading up to the murders, Cuevas was involved in a series of disputes with members and associates of the MS-13. Approximately one week before the murders, these disputes escalated when Cuevas and several friends were involved in an altercation with MS-13 members at Brentwood High School. After that incident, the MS-13 members vowed to seek revenge against Cuevas. On the evening of September 13, 2016, CHAVEZ, A. SAENZ, J. SAENZ, PORTILLO, and other members of the Sailors Locos Salvatruchas Westside (Sailors) clique of the MS-13 agreed to hunt for rival gang members to kill. They separated into different vehicles and drove around Brentwood looking for targets. CHAVEZ, PORTILLO, and two other juvenile MS-13 members, who were riding together in one car, saw Cuevas and Mickens walking down Stahley Street. They recognized Cuevas and called A. SAENZ and J. SAENZ, the leaders of the Sailors clique, who authorized them to kill the two girls. CHAVEZ, the driver, pulled up close to the girls, then PORTILLO and the other MS-13 members jumped out of the car and attacked them with baseball bats and a machete, striking the girls numerous times in the head and body. After finishing the attack, PORTILLO and the others got back into the car and CHAVEZ drove them away. Mickens’s body, which was discovered on Stahley Street shortly thereafter, sustained significant sharp force trauma to the face and blunt force trauma to the head. Cuevas’s body, which was discovered the following day behind a house adjacent to where Mickens’s body was found, sustained significant blunt force trauma to the head and body and lacerations.
Further, CHAVEZ, PORTILLO, A. SAENZ, J. SAENZ, and JONATHAN HERNANDEZ are all charged with conspiracy to distribute marijuana. From April 2016 to the present, the defendants sold marijuana and used the proceeds to help finance the Sailors clique’s criminal operations. Specifically, the MS-13 members sold marijuana and used that money to purchase firearms and ammunition, as well as to send money to MS-13 leaders in El Salvador.
Finally, the second superseding indictment charges HERNANDEZ in connection with the October 7, 2015 assaults of a male and female that occurred on an athletic field located near the Brentwood East Elementary and Brentwood East Middle Schools. The two victims were there with a group of other individuals when HERNANDEZ and other members of the MS-13 approached and attacked them. The group ran away, except for the victims who were caught, knocked to the ground, and struck repeatedly with baseball bats and pipes. The male victim suffered a broken hand and deep lacerations to the face. The female victim suffered severe pain throughout her body where the weapons had struck her.
The underlying indictments in this case, filed on July 20, 2016 and November 15, 2016, charged defendants EDWIN AMAYA-SANCHEZ, also known as “Strong,” WILLIAM CASTELLANOS, also known as “Dizzy” and “Satanico,” JHONNY CONTRERAS, also known as “Muerte,” “Reaper” and “Conejo,” REYNALDO LOPEZ-ALVARADO, also known as “Mente,” and LOPEZ, who are all members of the MS-13, with four murders, including the May 26 and 28, 2013 murders of Derrick Mayes and Keenan Russell, the July 14, 2014 murder of Jose Lainez-Murcia, the June 30, 2015 murder of Jonathan Cardona-Hernandez, three attempted murders, as well as related firearms, accessory after the fact, obstruction of justice, and arson offenses.
This second superseding indictment is the latest in a series of federal prosecutions by the United States Attorney’s Office for the Eastern District of New York targeting members of the MS-13, a violent international criminal organization. The MS-13’s leadership is based in El Salvador and Honduras, but the gang has thousands of members across the United States, comprised primarily of immigrants from Central America. With numerous branches, or “cliques,” the MS-13 is the largest and most violent street gang on Long Island. Since 2003, hundreds of MS-13 members, including dozens of clique leaders, have been convicted on federal felony charges in the Eastern District of New York. A majority of those MS-13 members have been convicted on federal racketeering charges for participating in murders, attempted murders and assaults. Since 2010 alone, this Office has obtained indictments charging MS-13 members with carrying out more than 35 murders in the Eastern District of New York, and has convicted dozens of MS-13 leaders and members in connection with those murders. These prosecutions are the product of investigations led by the FBI’s Long Island Gang Task Force, comprising agents and officers of the FBI, SCPD, NCPD, Nassau County Sheriff’s Department, Suffolk County Probation, Suffolk County Sheriff’s Department, and Rockville Centre Police Department.
If convicted, all of the defendants charged in the second superseding indictment face up to life in prison or the death penalty, other than CRUZ, who faces up to 10 years in prison, and HERNANDEZ, who faces up to 20 years on each of the assault counts and an additional five years for the conspiracy to distribute marijuana. The charges in the second superseding indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys John J. Durham, Raymond A. Tierney, and Paul G. Scotti are in charge of the prosecution.
The Defendants:
EDWIN AMAYA-SANCHEZ (“Strong”)
Age: 29
Brentwood, New York
WILLIAM CASTELLANOS (“Dizzy” and “Satanico”)
Age: 20
Central Islip, New York
SELVIN CHAVEZ (“Flash”)
Age: 19
Brentwood, New York
JHONNY CONTRERAS (“Muerte,” “Reaper” and “Conejo”)
Age: 23
Brentwood, New York
GERMAN CRUZ (“Bad Boy”)
Age: 18
Brentwood, New York
JONATHAN HERNANDEZ (“Travieso” and “Kraken”)
Age: 19
Brentwood, New York
ELMER ALEXANDER LOPEZ (“Smiley,” “Little Smiley” and “Alex”)
Age: 19
Central Islip, New York
REYNALDO LOPEZ-ALVARADO (“Mente”)
Age: 24
Brentwood, New York
ENRIQUE PORTILLO (“Oso” and “Turkey”)
Age: 19
Brentwood, New York
ALEXI SAENZ (“Blasty” and “Big Homie”)
Age: 22
Central Islip, New York
JAIRO SAENZ (“Funny”)
Age: 19
Central Islip, New York
E.D.N.Y. Docket No. 16-CR-403 (S-2)(JFB)
Lower Brule Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Lower Brule, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Samantha Dolezal, a/k/a Samantha Good Low, age 24, was indicted on February 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on February 24, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 21, 2016, Dolezal forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs by using a dangerous weapon and causing bodily injury to the officer, who was engaged in the performance of his official duties and employed as a federal law enforcement officer.
The charge is merely an accusation and Dolezal is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Dolezal was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has not been set.
Louisville Man Sentenced to Five Years in Prison for Involvement in Kickback SchemeRead the Press Release
LEXINGTON, Ky. – A Louisville, Ky. man, who previously admitted to bribing a former public official, was sentenced today to five years in federal prison.
Chief U.S. District Judge Karen K. Caldwell sentenced Lawrence J. O’Bryan, 57, for convictions on three counts of bribery concerning a federally funded program. O’Bryan was also ordered to pay $100,000 fine and $642,201.50 in restitution. He has paid the restitution in full. Under federal law, O’Bryan must serve at least 85 percent of his prison sentence.
O’Bryan previously admitted that he accepted kickbacks on behalf of the former Secretary of the Kentucky Personnel Cabinet, Timothy Longmeyer, beginning in 2009.
According to O’Bryan’s plea agreement, Longmeyer agreed to use his former position to steer contracts to MC Squared Consulting. In return, the owner of MC Squared agreed to pay O’Bryan approximately half of MC Squared’s proceeds from these contracts. O’Bryan then kicked back a portion of these funds to Longmeyer. During his involvement in this scheme, O’Bryan accepted $642,201.50 in kickbacks from MC Squared and transferred a significant portion of those funds to Longmeyer.
O’Bryan pleaded guilty to three counts of bribery concerning a federally funded program in September 2016. Longmeyer pleaded guilty to a related charge and was sentenced to 70 months in prison in September 2016. Additionally, Samuel McIntosh and Myron Harrod, both affiliated with MC Squared, pleaded guilty to related charges in January 2017 and are currently awaiting sentencing.
Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky, and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly announced the sentence. The U.S. Attorney’s Office was represented by Assistant U.S. Attorneys Andrew T. Boone and Kathryn M. Anderson.
Los Angeles Investment Adviser Pleads Guilty to Investment Adviser Fraud for Stealing More Than $1.5 Million from ClientsRead the Press Release
BROOKLYN, NY – Earlier today, Marc Broidy, the founder, Principal and Chief Executive Officer of Broidy Wealth Advisors, LLC, pleaded guilty to investment adviser fraud for defrauding his clients by withdrawing $640,000 in excess management fees, and misappropriating more than $865,000 worth of stock held in trusts, over which he was trustee. The guilty plea was entered before United States District Judge Eric N. Vitaliano at the federal courthouse in Brooklyn, New York. As part of his plea agreement with the government, Broidy has agreed to make restitution to the victims of his fraud. When he is sentenced, Broidy faces up to five years in prison, as well as restitution, criminal forfeiture and a fine.
The guilty plea was announced by Robert L. Capers, 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. Mr. Capers thanked the Securities and Exchange Commission for their cooperation and assistance in the investigation.
According to court filings and facts presented at the plea hearing, from approximately November 2010 to July 2016, Broidy had discretionary authority to buy and sell securities in brokerage accounts he set up for his clients and was permitted to deduct management fees from those accounts as compensation. For three of his clients, instead of deducting the amounts he was permitted to bill, Broidy took more than $640,000 in excess fees. To hide his theft, Broidy falsified many of those clients’ Internal Revenue Service Form 1099s so that the forms reflected far less in management fees than Broidy actually took.
One client discovered the theft and forced Broidy to repay the stolen fees in a settlement. To pay the settlement and other personal expenses, such as credit card bills and house and car payments, Broidy sold more than $865,000 worth of stock held in trust accounts that another client had established for his children, and for which he had appointed Broidy trustee. Broidy also encouraged several clients to invest in startup companies that had agreed to pay Broidy a percentage of any money Broidy raised for the companies, but did not disclose his arrangement to his clients.* * *
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorney Matthew Amatruda is in charge of the prosecution.
* * *
The Defendant:
MARC BROIDY
Age: 43
Los Angeles, California
E.D.N.Y. Docket No. 17-CR-064 (ENV)
Loris Man Enters Guilty Plea in Federal Court on Gun and Drug ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Norad Arcane McCullough, age 24, of Loris, pled guilty on Monday in federal court in Florence, to possession with intent to distribute heroin, a violation of Title 21, United States Code, Section 841(a)(1) and 841(b)(1)(C) and possession of a firearm in furtherance of a drug trafficking crime, a violation of Title 18, United States Code, Section 924(c)(1). United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on October 21, 2016, a Conway car dealership notified the Horry County Police Department that they had located a backpack in a car they had repossessed which contained a firearm and what appeared to be heroin. Shortly after officers arrived at the scene, McCullough called the dealership and stated that his backpack had been left in the car that was repossessed and that he was coming to pick it up. When McCullough arrived and claimed the backpack, he was arrested. McCullough admitted that the firearm and the 90 bundles of heroin belonged to him. McCullough also told law enforcement that he had been distributing the heroin. Individuals who sell illegal drugs while armed with a firearm are subject to prosecution under Title 18, United States Code, Section 924(c) due to the inherent danger of violence created by the presence of the firearm.Ms. Drake stated the defendant faces a maximum term of imprisonment of 20 years on the drug charge and a mandatory minimum sentence of five years and a maximum of life in prison on the firearms charge.
The case was investigated by agents of the Horry County Police Department. Assistant United States Attorney Buddy Bethea of the Florence office handled the case.
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Loris Man Enters Guilty Plea in Federal Court on Drug ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Christian Alexander Gause, age 29, of Loris, pled guilty on Monday in federal court in Florence, to possession with intent to distribute heroin, marijuana, cocaine, cocaine base, and Alprazolam, a violation of Title 21, United States Code, Section 841(a)(1) and 841(b)(1)(C). United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
Evidence presented at the change of plea hearing established that on March 31, 2016, narcotics agents with Horry County Police Department executed a search warrant at Gause's home in Loris, South Carolina. Gause was arrested and agents seized 40 grams of heroin, 11 grams of crack cocaine, 13 grams of cocaine, a quantity of marijuana, and 54 Alprazolam tablets. The search was based on previous purchases of illegal narcotics from Gause at that location. At the time of his arrest, Gause was on federal supervised release for a prior offense for a federal gun violation.Ms. Drake stated the maximum penalty the defendant can receive is a maximum term of imprisonment of 20 years and fine of $250,000.
The case was investigated by agents of the Horry County Police Department. Assistant United States Attorney Buddy Bethea of the Florence office handled the case.
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Lehigh Acres Convicted Felon Sentenced for Gun and Drug CrimesRead the Press Release
Fort Myers, FL – United States District Judge Sheri Polster Chappell today sentenced James Thomas Bissell (32, Lehigh Acres) to 12 years and 7 months in federal prison for possession with the intent to distribute and distribution of cocaine and heroin; possession with the intent to distribute cocaine, heroin, hydrocodone, marijuana, alprazolam, and morphine; and possession of firearms as a convicted felon.
Bissell was indicted on February 3, 2016.
According to the plea agreement, on October 23, 2015, Bissell sold cocaine and heroin to an undercover detective from the Lee County Sheriff’s Office from his home in Lehigh Acres. On December 3, 2015, the Lee County Sheriff’s Office executed a search warrant at the home and recovered six types of controlled substances that Bissell was holding for distribution, along with 28 firearms and cash. As a convicted felon, Bissell was prohibited from possessing firearms, two of which had been previously reported stolen.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorneys Jesus M. Casas and David G. Lazarus.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program - a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Laurens Man Enters Guilty Plea in Federal Court on Marriage Fraud ChargesRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jason Bolt, age 39, of Laurens, South Carolina, pled guilty on Monday in federal court in Florence, to Conspiracy to Commit Marriage Fraud, a violation of Title 18, United States Code, Section 371. United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that Bolt was involved in a marriage fraud conspiracy involving a number of Brazilian aliens who were paying US citizens to enter into fraudulent marriages with them in order to gain United States citizenship.Bolt was paid between $9,000 and $10,000 to enter into a fraudulent marriage with one of the Brazilian defendants who was eventually successful in obtaining United States citizenship through this fraud.
Staged photographs of Bolt and this Brazilian defendant were taken, and fraudulent affidavits falsely claiming that Bolt and this Brazilian defendant lived together were submitted, all for the purpose of corroborating this sham marriage.
Ms. Drake stated the maximum penalty the defendant can receive is a fine of $250,000 and/or imprisonment for 5 years, plus a special assessment of $100.
The case was investigated by agents of the ICE-Homeland Security Investigations. Assistant United States Attorney Brad Parham of the Florence office handled the case.
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Johnsonville Man Enters Guilty Plea in Federal Court on Charges of Conspiracy to Distribute HeroinRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Kenneth Andrew Generette, age 30, of Johnsonville, pled guilty on Monday in federal court in Florence to conspiracy to possess with intent to distribute and distribution of 100 grams or more of heroin, a violation of Title 21, United States Code, Section 846. United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that the Florence County Sheriff’s Office (FCSO) and the Federal Bureau of Investigation (FBI) conducted an investigation of individuals distributing heroin in the Hemingway and Johnsonville areas of South Carolina. During the investigation, Generette was identified as a heroin supplier in the area. As part of the investigation, FCSO investigators made two controlled purchases of a quantity of heroin from Generette. In October 2016, Generette was arrested on a federal arrest warrant. During his arrest, officers found an additional quantity of heroin in the home where Generette was residing.Ms. Drake stated the defendant faces a maximum term of imprisonment of 20 years and a fine of $5,000,000.
The case was investigated by agents with the Florence County Sheriff’s Office and the Federal Bureau of Investigation (FBI). Assistant United States Attorney Chris Taylor of the Florence office handled the case.
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Irvin Gonzalez Indicted in El Paso for Re-Entry After DeportationRead the Press Release
In El Paso, a federal grand jury has returned an indictment against 33-year-old Irvin Gonzalez, a Mexican National, for illegally re-entering the United States after being deported announced United States Attorney Richard L. Durbin, Jr., and Homeland Security Investigations (HSI) Special Agent in Charge Waldemar Rodriguez, El Paso Division.
The indictment, returned late yesterday afternoon, alleges that on February 9, 2017, Gonzalez was found in the United States after having been deported from the country in January 2016 and without the express consent to re-apply for admission from the United States Attorney General and the Secretary of Homeland Security.
According to court records, Gonzalez, who also goes by the names Irvin Edamir Gonzalez-Torres, Ervin Gonzalez, and Ervin Edamin Gonzalez, was found on the morning of February 9, 2017, by HSI Task Force agents as the defendant was appearing for a court hearing at the El Paso County Courthouse. Court records also reflect that Gonzalez was convicted in the Western District of Texas for re-entry after deportation and possession of stolen mail and was sentenced on October 28, 2015, to imprisonment for one year. Federal authorities have removed Gonzalez from the United States on five different occasions dating back to 2011.
Gonzalez remains in federal custody. Upon conviction, Gonzalez faces up to ten years in federal prison. No further court dates have been scheduled.
This investigation was conducted by HSI. Assistant United States Attorney Steve Jurecky is prosecuting this case on behalf of the Government.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is presumed innocent until proven guilty in a court of law.
Irondequoit Police Officer Charged with Cyber Stalking His Ex-GirlfriendRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that William Robert Rosica, 50, of Irondequoit NY, was arrested and charged by criminal complaint with stalking and unlawful access to a protected computer. The charges carry a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, following the victim (L.M.) decision to end a three-year relationship with Rosica in February 2016, the defendant set out on nearly a year-long campaign to harass and torment the woman. Between March 2016 and February 28, 2017, the defendant targeted the victim with a barrage of harassing text messages, phone calls, and emails. In addition, the victim's work email account and online medical system had numerous unauthorized access attempts. Rosica also targeted the victim's ex-husband and co-workers.The defendant made an initial appearance this morning before U.S. Magistrate Judge Jonathan W. Feldman and is being held pending a detention hearing on March 3, 2017, at 10:30 a.m.
The criminal complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and New York State Police under the direction of Major Richard Allen.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
Indictment: Claiming to be Blind, Defendant Drove to AppointmentsRead the Press Release
WICHITA, KAN. – An Army veteran from Reno County has been indicted on federal charges of collecting $63,000 in benefits by pretending to be blind, U.S. attorney Tom Beall said today.
Billy J. Alumbaugh, 61, and his ex-wife, Debra K. Alumbaugh, both of Turon, Kan., are charged with one count of conspiracy to defraud the government and one count of theft of government funds. An indictment unsealed today alleges Alumbaugh fraudulently received a supplemental monthly pension by claiming he was legally blind and needed assistance to perform routine activities. Alumbaugh falsely claimed he was unable to drive and needed assistance with tasks such as reading medication labels, grocery shopping and going to doctor appointments.
The indictment alleges Alumbaugh made periodic trips to the Veterans Administration hospital in Wichita, where specialists were unable to identify medical reasons for his blindness. From 2009 to 2016, while he was receiving supplemental assistance, he maintained a Kansas driver’s license that did not require corrective lenses. He routinely drove his car during that time.
On October 2016 he was seen with his ex-wife arriving at the VA hospital in Wichita. She was driving and helped him out of the car and into the building. She did the same when the appointment was over. After driving a few blocks, they stopped the car and switched seats so he could drive.
If convicted, they face up to five years in federal prison and a fine up to $250,000 on the conspiracy charge, and up to 10 years and a fine up to $250,000 on the theft count. The Veterans Administration Office of Inspector General investigated. Assistant U.S. Attorney Brent Anderson is prosecuting.
In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.
Independence Woman Sentenced for Murder-for-Hire SchemeRead the Press Release
KANSAS CITY, Mo. – Tammy Dickinson, United States Attorney for the Western District of Missouri, announced that an Independence, Mo., woman was sentenced in federal court today for using a telephone in the commission of a murder-for-hire scheme.
Teresa Owen, 63, of Independence, was sentenced by U.S. District Judge Beth Phillips to four years in federal prison without parole. Owen has been in federal custody without bail since her arrest on June 18, 2015.
Owen, who pleaded guilty on Sept. 23, 2016, admitted that she had contact with two separate individuals via telephone and offered them money to kill a person identified in court documents as “B.H.” Owen spoke with an acquaintance and later with an undercover police officer to discuss (or arrange to meet to discuss) the murder of B.H.
Owen also admitted that she met with an undercover officer in Independence on June 10 and 11, 2015. During the meetings, Owen asked the undercover officer to kill B.H. and agreed to pay the undercover officer $700 for the murder of B.H. Owen used her phone to access Facebook photos of B.H. in order to identify B.H. to the undercover officer. She also provided written identification and location information for B.H., and made a payment of $200 to the undercover officer on June 11, 2015.
This case was prosecuted by Assistant U.S. Attorney Alison D. Dunning. It was investigated by the Independence, Mo., Police Department and the FBI.
Illegal Alien Enters Guilty Plea in Federal CourtRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Jose Hernandez Guerrero, age 38, of Pamplico, South Carolina, pled guilty on Monday in federal court in Florence, to Illegal Re-Entry into the United States, a violation of Title 18, United States Code, Section 1326(a)(2). United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that on October 19, 2016, ICE-ERO Officers discovered that Jose Guerrero, a native and citizen of Mexico, had been arrested by the SC Highway Patrol for DUI and Driving Without a License.
In 2004 Guerrero was deported from the United States back to Mexico after having been convicted of felony charges in Texas in 2003.
Ms. Drake stated the maximum penalty the defendant can receive is a fine of $250,000 and/or imprisonment for 10 years, plus a special assessment of $100.
The case was investigated by agents of the ICE-ERO Homeland Security Investigations. Assistant United States Attorney Brad Parham of the Florence office handled the case.
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Illegal Alien Enters Guilty Plea in Federal CourtRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that Efran Bautista-Ayala, age 44, of Myrtle Beach, South Carolina, pled guilty on Monday in federal court in Florence, to Illegal Re-Entry into the United States, a violation of Title 18, United States Code, Section 1326(a)(2). United States District Judge R. Bryan Harwell of Florence, accepted the plea and will impose sentence after he has reviewed the presentence report which will be prepared by the U.S. Probation Office.
The evidence presented at the guilty plea hearing established that on November 9, 2016, ICE-ERO Officers discovered that Efran Bautista-Ayala, a native and citizen of Mexico, had been arrested by state law enforcement for DUI and Driving Without a License.In 2006, Bautista-Ayala was deported from the United States back to Mexico after having been convicted of felony charges in California in 2005.
Ms. Drake stated the maximum penalty this defendant can receive is a fine of $250,000 and/or imprisonment for 10 years, plus a special assessment of $100.
The case was investigated by agents of the ICE-ERO Homeland Security Investigations. Assistant United States Attorney Brad Parham of the Florence office handled the case.
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INTERPOL Fugitive Wanted for Murder Arrested by U.S. Marshals Task ForceRead the Press Release
Hackensack, NJ - The subject of an INTERPOL Red Notice, wanted for a July 10, 2016, murder in the Dominican Republic, was arrested Thursday, February 23, by U.S. Marshals and Immigrations & Customs Enforcement (ICE) agents with the New York/ New Jersey Regional Fugitive Task Force. INTERPOL Washington—the U.S. National Central Bureau (USNCB)--provided critical assistance during the investigation.
Kelbin Perez De Los Santos was being sought on an international arrest warrant for fatally shooting a man with a shotgun in a restaurant after a verbal altercation. The incident occurred in Los Girasoles near the capital city of Santo Domingo. Perez De Los Santos is thought to have fled the Dominican Republic shortly after the incident. The INTERPOL National Central Bureau in Santo Domingo issued a Red Notice in August 2016 requesting Perez De Los Santos’ arrest.
After receiving information from INTERPOL that Perez De Los Santos could be in the United States, the U.S. Marshals International Investigations Branch determined that the fugitive was likely residing in the Hackensack area, and on Thursday, members of the U.S. Marshals New York/New Jersey Regional Fugitive Task Force, along with ICE Enforcement and Removal Operations agents, tracked Perez De Los Santos to an apartment where he was arrested on immigration violations.
De Los Santos is currently being held in the custody of ICE and is facing deportation back to the Dominican Republic.
The U.S. Marshals Service is the primary agency within the federal government responsible for locating and apprehending fugitives who are wanted by foreign countries and who have been identified and located in the United States. Cases are referred to the U.S. Marshals Service through INTERPOL Washington (USNCB), the Department of Justice-Office of International Affairs (DOJ-OIA), and through foreign embassies in the United States.
A component of the U.S. Department of Justice, INTERPOL Washington is co-managed by the U.S. Department of Homeland Security. As the designated representative to the International Criminal Police Organization on behalf of the Attorney General, INTERPOL Washington serves as the national point of contact for all INTERPOL matters, coordinating international investigative efforts among member countries and the more than 18,000 local, state, federal, and tribal law enforcement agencies in the United States.
Additional information about the U.S. Marshals Service can be found at http://www.usmarshals.gov.
Honduran Pleads Guilty to Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that OSCAR OMAR CAMPOS-ROJAS, age 27, a native of Honduras, pled guilty today to a one-count Indictment charging him with illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to court documents, CAMPOS-ROJAS, was previously removed from the United States on April 4, 2011. He was later found in the Eastern District of Louisiana on August 17, 2015, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
CACERES-GUERRERO faces a maximum term of imprisonment of two years, as well as a fine of $250,000. U.S. District Court Judge Jane Triche Milazzo set sentencing for x x, 2017.
U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Honduran Charged with Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MARLIN CACERES-GUERRERO, age 28, a native of Honduras, was charged today in a one-count Indictment with illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to the Indictment, CACERES-GUERRERO, was previously removed from the United States on May 3, 2013. He was later found in the Eastern District of Louisiana on February 21, 2017, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
If convicted, CACERES-GUERRERO faces a maximum term of imprisonment of two years, a fine of $250,000, one year of supervised release, and a $100 special assessment fee.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Gang Lieutenant Sentenced to 35 Years for Violent CrimesRead the Press Release
NEWPORT NEWS, Va. – Darius Crenshaw, 30, of Newport News, was sentenced today to 35 years in prison for various violent crimes he committed he was a high-ranking member of the Black P-Stones gang in Newport News.
Crenshaw was a lieutenant in the Black P-Stones gang, which was involved in the distribution of narcotics, the robbery of multiple individuals and the death of at least three individuals. Crenshaw was personally responsible for the murder of Erique Shaw on Nov. 6, 2007.
Crenshaw pleaded guilty to a racketeering conspiracy on Nov. 17, 2016. According to court documents, Crenshaw recruited other individuals into the gang. On Nov. 6, 2007, Crenshaw lured another member of the Black P-Stones to a location in Newport News where he shot him to death. This murder resulted from Crenshaw’s belief that the other P-Stones member had been associating with members of a rival gang.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. Assistant U.S. Attorney Eric M. Hurt and Trial Attorney Marianne Shelvey of the Organized Crime and Gang Section prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:13-cr-96.
Fraudster Sentenced for $25 Million ID Theft and Money Laundering ConspiracyRead the Press Release
ALEXANDRIA, Va. – Amit Chaudhry, 44, of Ashburn, was sentenced today to nine years in prison for his role and participation in a sophisticated and large-scale identity theft and credit card fraud conspiracy that resulted in a loss of over $25 million. Chaudhry was also ordered to pay $4.1 million in restitution.
Chaudhry pleaded guilty on Sept. 22, 2016, to charges of conspiracy to commit money laundering, aggravated identity theft, and conspiracy to commit visa fraud. According to court documents, Chaudhry is an Indian national who became a naturalized U.S. citizen in 2005. Beginning in 2011, Chaudhry was part of a large, international wire fraud and money laundering conspiracy that involved processing stolen credit card numbers and laundering the proceeds through hundreds of bank accounts. Some of these bank accounts were set up in the name of shell companies, which did no real business. This fraud and money laundering conspiracy was carried out in part by teams of individuals working together in India, the United States, Europe and elsewhere. Some members would obtain the personal identifying information of real people; other members would obtain the credit card information from actual credit card customers, and yet others would be responsible for electronically processing the stolen credit card transactions. Chaudhry helped laundering the proceeds of the credit card fraud and assisting co-conspirators who would come to the United States from India to open bank accounts used to hold and receive fraud proceeds.
According to court documents, Chaudhry also helped conceal and launder proceeds from a fraud scheme that targeted customers seeking cheap travel, including airline tickets and hotel reservations. Chaudhry helped to promote the fraudulent travel websites, including through mass mailings to prospective customers. Other members of the conspiracy would hold themselves out as prospective travel agents to customers. Customers’ travel itineraries would be purchased with stolen credit cards, which often resulted in those reservations being canceled. The customer’s money would be held and transferred among bank accounts controlled by members of the conspiracy, including Chaudhry. There were more than 1,000 victims from this fraud, which used various sophisticated means to conceal the identities of the conspirators.
According to court documents, Chaudhry was also involved in a separate money laundering conspiracy with Jacqueline Green-Morris, who previously pleaded guilty to money laundering conspiracy. Chaudhry and Green-Morris came up with a fraudulent billing scheme, whereby Chaudhry would submit inflated and fraudulent invoices for IT training to Victim A, a contractor based in Virginia. Green-Morris used her position as an employee at Victim A to pay these fraudulent invoices. Chaudhry and Green-Morris split the fraud proceeds, which totaled approximately $4.1 million between 2012 and June 2016.
According to court documents, from at least 2001 and through at least June 2016, Chaudhry and others conspired to commit visa fraud by submitting false and fraudulent H-1B visa applications by and through various entities that the Chaudhry and others owned and controlled, including Networkxchange, Technologyxchange, Secure Networks, and the Knowledge Center. The conspiracy involved the submission of false and fraudulent applications and supporting documentation to the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS). Some of these documents were signed using the name John King, a journalist who is CNN’s chief national correspondent.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and Andrew W. Vale, Assistant Director in Charge of the FBI’s Washington Field Office; Thomas J. Holloman, Acting Special Agent in Charge, Washington D.C. Field Office, IRS-Criminal Investigation (IRS-CI); Clark E. Settles, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington; Joseph W. Cronin, Acting Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; and Christian Schurman, Acting Director of the Diplomatic Security Service (DSS) for the U.S. Department of State, made the announcement after sentencing by U.S. District Judge James C. Cacheris. Assistant U.S. Attorneys Katherine L. Wong and Kimberly R. Pedersen prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:16-cr-211.
Fraudster Heads to Prison for Counterfeit Money and Other ChargesRead the Press Release
CORPUS CHRISTI, Texas – A 43-year-old Corpus Christi man has been ordered to federal prison for counterfeiting U.S. currency, credit card fraud and aggravated identity theft, announced U.S. Attorney Kenneth Magidson. Arturo Garcia pleaded guilty Nov. 18, 2016.
At a sentencing hearing today, U.S. District Judge Nelva Gonzales Ramos ordered Garcia to serve a total of 24 months for each for the counterfeiting and credit card fraud convictions, to be served concurrently. In addition, he was ordered to serve a mandatory 24 months for the identity theft that must be served consecutively to the other sentence imposed. His total 48-month-term will be immediately followed by three years of supervised release. In determining Garcia’s sentence, Judge Ramos concluded that through his schemes, Garcia had victimized at least 128 people. Restitution will be determined at a later date.
During early 2015, a number of large apartment complexes in the Corpus Christi area were suffering from regular mail thefts at the community cluster mailboxes. Apartment residents reported that checks and credit cards were stolen from their mail were and used to defraud local merchants.
Authorities began an investigation and observed Garcia breaking into an apartment cluster mail box on April 17, 2015. The agent was unable to apprehend Garcia at that time, but recovered a firearm Garcia dropped as he fled. He was later identified on video surveillance at a pawn shop buying jewelry with a credit card in another person’s name which had been stolen from the mail.
On Feb. 29, 2016, authorities executed an arrest warrant for Garcia at a residence in Corpus Christi. At that time, they discovered a large quantity of stolen mail and a counterfeit currency printing operation within the residence. The investigation determined Garcia had been printing counterfeit money for more than six months and passing the fake bills in the Corpus Christi area.
The U.S. Postal Inspection Service and the Secret Service conducted the investigation with assistance of the U.S. Marshals Service and the Corpus Christi Police Department. Assistant U.S. Attorney Robert D. Thorpe Jr. is prosecuting the case.
Four Individuals Indicted for Role in Drug Distribution ConspiraciesRead the Press Release
A federal indictment was unsealed today in San Antonio, Texas, charging four individuals for their roles in a cocaine distribution conspiracy, announced the Department of Justice.
Jesus Armando Chavez, 40, and Michelle Chavez, 35, both of Del Rio, Texas; Jose Luis Balderas, 29, of Eagle Pass, Texas; and Javier Hernandez, 31, of San Antonio, are charged in a 14-count indictment unsealed today in the Western District of Texas with conspiracy to distribute and possess with intent to distribute cocaine and possession with intent to distribute cocaine. On March 2, the defendants were arrested and appeared for their initial appearances before U.S. Magistrate Judge John W. Primomo in San Antonio.
According to the indictment, between August 2014 and May 2016, the defendants allegedly knowingly and intentionally conspired with each other to possess and distribute narcotics, including cocaine, in the Western District of Texas.
The defendants face a statutory maximum sentence of 20 years in prison, if convicted on the charges.
An indictment is merely an allegation and a defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
The FBI, the Drug Enforcement Administration, the U.S. Immigration And Customs Enforcement’s Homeland Security Investigations, and the Texas Department of Public Safety investigated the case. Assistant U.S. Attorney Charlie Strauss for the United States is prosecuting the case.
Chavez Balderas Hernandez IndictmentFour Fairbanks Residents Charged in a 15-Count Indictment with Conspiracy, Bank Fraud and Aggravated Identity TheftRead the Press Release
Anchorage, Alaska – U.S. Attorney Karen L. Loeffler announced today that four Fairbanks residents were charged in a 15-count indictment alleging that the four conspired to obtain checks stolen from the mail and a local business, and then negotiated the stolen checks at different banks and stores in Fairbanks.
Shawn DeHart, 44, Jeremy David McGee, 51, Jonathon Gustafson, 27, and Nathan Lehman, 28, all of Fairbanks, were charged in a 15-count indictment that includes charges of conspiracy, bank fraud, possession of stolen mail, and aggravated identity theft.
According to Assistant U.S. Attorney Aunnie Steward, who presented the case to the grand jury, DeHart, McGee, Gustafson and Lehman conspired together to use stolen checks at banks and stores in Anchorage from October 2016 to December 2016, when they were caught.
DeHart and McGee appeared in court today on the charges. Lehman and Gustafson are scheduled to appear in court on March 21, 2017.
The law provides for a maximum sentence of 30 years in prison and a fine of $1 million or both. Under federal sentencing statutes, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
The Alaska State Troopers, with assistance from the United States Postal Inspection Service, conducted the investigation leading to the indictment in this case.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Founder of Suburban Tech Company Sentenced to 9 Years for Defrauding Investors out of More Than $9 MillionRead the Press Release
CHICAGO — The founder of a northwest suburban tech company has been sentenced to nine years in federal prison for defrauding investors out of more than $9 million.
GREGORY WEBB, 71, the founder and Chief Executive Officer of Elk Grove Village-based InfrAegis Inc., was convicted last year on nine counts of mail and wire fraud for fraudulently raising more than $9 million from more than 200 investors. In written materials and telephone conference calls with investors between 2007 and 2012, Webb falsely portrayed InfrAegis as a successful company with growing stakes in the science and technology field. Among other things, Webb told investors that the company had signed or was on the verge of signing billion-dollar contracts with government agencies and municipalities across the world, including Chicago. The company’s products purportedly could protect the public from terrorist attacks by recognizing individuals on the terrorist watch list and instantaneously detecting biological, chemical and radiological threats on city streets, as well as by identifying harmful bacteria and other threats to the world’s food and water supply.
In reality, InfrAegis was not in a position to deploy any of its products because they had never been fully developed or tested, and the company had never signed contracts or even came close to signing contracts for the deployment of its products. The investors, some of whom included Chicago firefighters and other first responders, never received any return on their investment in the company.
U.S. District Judge Virginia M. Kendall imposed the 108-month sentence Wednesday in federal court in Chicago. In imposing the sentence, Judge Kendall described the offense as “egregious,” and noted it was “heartbreaking” to read letters that victims had submitted to the Court.
The sentence was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation. The U.S. Securities and Exchange Commission, which filed a civil enforcement action against Webb and InfrAegis, provided valuable assistance.
“Defendant engaged in a multi-year, multi-million-dollar fraud scheme designed to extract as much money as he could from trusting investors by lying to them,” Assistant U.S. Attorneys Kruti Trivedi and Rick D. Young argued in the government’s sentencing memorandum. “Defendant’s actions have had and will continue to have long-term consequences for many of these victims.”
Evidence at Webb’s trial revealed that more than $500,000 was paid to Webb and his spouse between 2007 and 2012. The company also spent more than $800,000 to pay corporate credit cards that were used to charge Webb’s daily living expenses, including charges at restaurants, grocery stores, gas stations, tobacco stores, a movie theatre, a sporting goods store, and an Apple iTunes account.
Webb, of Dallas, Tex., formerly resided in Arlington Heights. InfrAegis is now defunct.
Fort Thompson Man Sentenced for Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man convicted of Failure to Register as a Sex Offender was sentenced on February 28, 2017, by U.S. District Judge Roberto A. Lange.
Kyle Marks, age 32, was sentenced to 30 months in custody, 5 years of supervised release, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Marks was indicted by a federal grand jury on November 9, 2016. He pled guilty on December 20, 2016.
The conviction stems from Marks failing to register as a sex offender, as required by federal law, between September 1, 2016, and October 12, 2016. Marks had previously been convicted of a sex offense in federal court, which required him to register as a sex offender.
This case was investigated by the U.S. Marshals Service. Assistant U.S. Attorney Meghan N. Dilges prosecuted the case.
Marks was immediately turned over to the custody of the U.S. Marshals Service.
Fort Thompson Man Charged with AssaultRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, man has been indicted by a federal grand jury for Assault with a Dangerous Weapon and Assault Resulting in Serious Bodily Injury.
Gordon Bagola, age 62, was indicted on February 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on February 24, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and up to $200 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on July 31, 2016, Bagola unlawfully assaulted a male with a knife, which resulted in serious bodily injury.
The charges are merely accusations and Bagola is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Bureau of Indian Affairs, Crow Creek Agency. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Bagola was released on bond pending trial, which has been set for April 18, 2017.
Former Social Security Administration Employee and Two Others Indicted for Stealing IDsRead the Press Release
A federal grand jury in the Eastern District of New York returned indictments separately charging three Queens, New York residents with identity theft-related crimes, announced Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division.
According to the indictments, which were unsealed today, Sharon Coffee-Dean, a former Social Security Administration (SSA) employee, Kishore Jattan and Michael Bratton were each indicted for aggravated identity theft, misusing stolen social security numbers and fraudulent activity in connection with identification documents. Coffee-Dean was also indicted for conspiring to defraud the SSA and Bratton was also indicted for conspiring to defraud the Internal Revenue Service (IRS).
The indictment against Coffee-Dean alleges that from approximately December 2011 through January 2012, she stole the IDs of 41 people from SSA records, which she then sold to other individuals who used them to file fraudulent tax returns with the IRS. If convicted, Coffee-Dean faces a statutory maximum sentence of five years in prison for conspiracy, five years for fraud and related activity in connection with means of identification, 10 years for the misuse of a social security number as an SSA employee and a mandatory minimum of two years in prison for aggravated identity theft. She also faces a term of supervised release, restitution and monetary penalties.
The indictment against Jattan alleges that while working as a messenger, from April through June 2012, he stole student IDs from packages he delivered for a University located in New York and sold the stolen IDs to other individuals who used the IDs to file fraudulent tax returns with the IRS. If convicted, Jattan faces a statutory maximum sentence of five years for fraud and related activity in connection with means of identification, five years for misuse of a social security number and a mandatory minimum sentence of two years in prison for aggravated identity theft. He also faces a term of supervised release, restitution and monetary penalties.
The indictment against Bratton alleges that from January 2011 through June 2012, he purchased stolen IDs, which he provided to a co-conspirator for the purpose of filing fraudulent tax returns with the IRS. If convicted, Bratton faces a maximum of five years for misuse of a social security number and a mandatory minimum of two years in prison for aggravated identity theft. He also faces a term of supervised release, restitution and monetary penalties. An indictment is not a finding of guilt. Individuals charged in indictments are presumed innocent until proven guilty beyond a reasonable doubt.
Acting Deputy Assistant Attorney General Goldberg thanked special agents of IRS–Criminal Investigation, U.S. Postal Inspection Service, and the SSA Office of the Inspector General, New York Field Division, who conducted the investigations, and Trial Attorneys Mark Kotila and Ann M. Cherry of the Tax Division, who are prosecuting these cases.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Former Chesapeake Fire Lieutenant Sentenced for Online Coercion and Enticement of MinorsRead the Press Release
NORFOLK, Va. – Thomas W. Almberg, 50, of Virginia Beach, was sentenced today to 126 months in prison for charges of coercing and enticing minors to engage in illegal sexual activity. Almberg was also sentenced to 25 years of supervised release and ordered to register as a sex offender upon release from prison.
Almberg pleaded guilty on Oct. 18, 2016. According to court documents, Almberg, a former lieutenant in the Chesapeake Fire Department, frequented several social media sites looking to chat with teenage girls. In January 2016, he met a 15-year-old boy pretending to be a 16-year-old girl on the interactive video game Clash of Clans and the two began chatting and text messaging. Over the next two months, the two exchanged over 8,000 text messages, often while Almberg was on duty and at his fire station. The conversations quickly grew to be sexually graphic, including Almberg sending sexually explicit photographs and requesting that the teen reciprocate. In April, Almberg met a 16-year-old girl on a different mobile chat application and their conversations quickly became sexual in nature, including the exchange of sexually explicit photographs. In May 2016, Almberg traveled to this victim’s workplace in North Carolina and propositioned her for sex. She declined, he left, and was taken into custody shortly thereafter.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Col. K.L. Wright, Chesapeake Chief of Police; and Michael K. Lamonea, Assistant Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Norfolk, made the announcement after sentencing by U.S. District Judge Henry Coke Morgan, Jr. Assistant U.S. Attorney V. Kathleen Dougherty prosecuted the case.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-136.