Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
12 April 2017
Roane County man sentenced to federal prison for gun chargeRead the Press Release
CHARLESTON, W.Va. – A Roane County man was sentenced today to two years in federal prison for a gun crime, announced United States Attorney Carol Casto. William Leon Rhodes, 50, of Gandeeville, was convicted of being a felon in possession of a firearm by a federal jury in January following a one-and-a-half-day jury trial. Rhodes was also sentenced to an additional eight months in federal prison for a violation of his supervised release. The sentences will be served consecutively.
During the trial, witnesses for the United States testified that on June 17, 2016, Rhodes gave consent to law enforcement to search his residence. Officers discovered a loaded Heritage .22 caliber revolver under the pillow in Rhodes’ bedroom. Officers additionally discovered a box for the gun on the night stand in the bedroom and a box of .22 caliber ammunition in the living room. The evidence showed that in an interview with law enforcement after his arrest, Rhodes admitted that he knew the gun was in his bedroom and he referred to the firearm as “my pistol.”
Rhodes was prohibited from possessing any firearm under federal law because of a 1990 conviction for grand larceny in Jackson County Circuit Court and a 2012 conviction for being a felon in possession of a firearm in the United States District Court for the Southern District of West Virginia. Additionally, Rhodes was on federal supervised release at the time he possessed the Heritage revolver.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, and the Roane County Sheriff’s Office conducted the investigation. Assistant United States Attorneys Meredith George Thomas and R. Gregory McVey are in charge of the prosecution and tried the case before a federal jury. United States District Judge John T. Copenhaver, Jr., presided over the trial and imposed the sentence.
This case was prosecuted as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
- Follow us on Twitter: SDWVNews
Prior Owners of SUlly's Pub, West Des Moines, Sentenced on Tax Fraud ChargesRead the Press Release
DES MOINES, IA - On April 12, 2017, James Perin, age 66, and Mardeen Perin, age 63, heather Jean Reekrof West Des Moines, Iowa, appeared before Chief United States Judge James A. Jarvey and were sentenced to tax fraud charges arising out of their operation of Sully's Pub in 2013, announced Kevin E. VanderSchel. The Perins admitted to failing to report cash earned through the business that was then deposited into personal bank accounts without being reported on either business or personal tax returns.
The conduct involved tax years from 2008 to 2013, and resulted in a tax loss of $108,375. Mardeen Perin was sentenced on her guilty plea to aiding and assisting the preparation of a false return. James Perin was sentenced on his guilty plea to making and subscribing a false return. Both defendants were sentenced to a three years of probation and required to pay all due and owing taxes, penalties, and interest.
The investigation was conducted by the Internal Revenue Service (IRS) - Criminal Investigation. This case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
-END-
Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at [email protected].
Prior Felon from Roswell Sentenced to Prison for Violating Federal Narcotics and Firearms LawsRead the Press Release
ALBUQUERQUE – Javier Madrid, 29, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 41 months in prison followed by three years of supervised release for violating the federal narcotics trafficking and firearms laws.
Madrid was arrested in Nov. 2015, on a criminal complaint charging him with possession of methamphetamine, heroin and cocaine with intent to distribute and being a felon in possession of ammunition. According to the complaint, on July 31, 2015, law enforcement agents executed a federal search warrant on Madrid’s residence and vehicle in Roswell where they discovered 17 grams of methamphetamine, 25 grams of heroin, 42 grams of cocaine, $3,960 in cash, and multiple rounds of ammunition.
Madrid was subsequently indicted on Feb. 17, 2016, and charged with possession of methamphetamine, heroin and cocaine with intent to distribute and being a felon in possession of ammunition. According to the indictment, Madrid committed these crimes on July 31, 2015, in Chaves County, N.M. At the time, Madrid was prohibited from possessing firearms or ammunition because he previously had been convicted of a narcotics trafficking crime.
On April 27, 2016, Madrid pled guilty to the indictment. In entering the guilty plea, Madrid admitted that on July 31, 2015, law enforcement agents executed a search warrant at his home and seized methamphetamine, heroin and cocaine, which he intended to distribute to others. Madrid also admitted that the agents seized multiple rounds of ammunition during the search, which he was prohibited from possessing because of his prior felony convictions.
This case was investigated by the Roswell office of the FBI, the New Mexico State Police and the Roswell Police Department. Assistant U.S. Attorney Randy M. Castellano of the U.S. Attorney’s Las Cruces Branch Office prosecuted the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, Bernalillo County Commissioner Maggie Hart Stebbins, Albuquerque City Councilor Diane Gibson, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Previously Removed Alien Sentenced for Illegal Re-EntryRead the Press Release
ALBANY, NEW YORK - Willy Rodriguez, 32, of Boston, Massachusetts, was sentenced today to a term of “time served,” (7 ½ months) in prison by Senior United States District Court Judge Frederick J. Scullin, announced United States Attorney Richard S. Hartunian and Thomas P. Brophy, Acting Field Office Director, Immigration and Customs Enforcement, Enforcement Removal Operations (ICE/ERO), Buffalo Field Office. In December 2016, Rodriguez pled guilty to a violation of the Immigration and Nationality Act, which prohibits previously removed aliens from entering, attempting to enter, or being found in the United States without prior application and consent of the Department of Homeland Security. Rodriguez will now be eligible for removal proceedings from the United States.
Rodrigueaz was prosecuted after he was encountered by City of Amsterdam Police and ICE officers in Amsterdam, New York on August 23, 2016. ICE determined that Rodriguez was an alien unlawfully present in the United States and arrested him. A check of Rodriguez’s fingerprints by ICE indicated that he had been deported and removed from the United States to the Dominican Republic in 2011. Rodriguez was removed to his native Dominican Republic in 2011 after he was convicted in Providence, Rhode Island of a drug trafficking offense.
The case was investigated by the United States Department of Homeland Security, ICE Enforcement & Removal Operations (ERO), with the assistance of the Amsterdam NY Police Department, and prosecuted by Assistant US Attorney Edward P. Grogan.
Pollock prisoner from Texas sentenced to 77 months in prison for assaulting fellow inmateRead the Press Release
ALEXANDRIA, La. – Acting U.S. Attorney Alexander C. Van Hook announced today that a Pollock prisoner was sentenced to 77 months in prison for assaulting another inmate.
John Garza, 34, a prisoner at the U.S. Penitentiary in Pollock, La., who is from Gonzales, Texas, was sentenced by U.S. District Judge Dee D. Drell on one count of assault resulting in serious bodily injury. He was also sentenced to three years of supervised release. According to the January 11, 2017 guilty plea, Garza assaulted a fellow inmate on July 31, 2016 by stabbing him in the neck and back area. Video cameras showed Garza attacking a fellow inmate pushing him to the ground. He then stabbed and tramped on the inmate. The inmate was later brought to a local hospital where he was treated for severe injuries.
The FBI and U.S. Bureau of Prisons investigated the case. Assistant U.S. Attorney Tennille M. Gilreath prosecuted the case.
Pittsburgh Man Charged with Robbing Four Allegheny County BanksRead the Press Release
PITTSBURGH - One resident of Pittsburgh, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on charges of armed bank robbery, Acting United States Attorney Soo C. Song announced today.
The four-count indictment, returned on April 11, named Derek Hanner, age 28, of Pittsburgh, Pennsylvania, as the sole defendant.
According to the Indictment presented to the court, Hanner robbed four banks in December 2016 and January 2017, including two Citizens Banks located in Pittsburgh, as well as the Brentwood Bank, located in Bethel Park.
The law provides for a maximum total sentence at each count of 25 years in prison, a fine of $250,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Caitlin A. Loughran is prosecuting this case on behalf of the government.
The Federal Bureau of Investigation, the Pittsburgh Police Department, and the Bethel Park Police Department conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Philadelphia Pair Charged with Intent to Distribute HeroinRead the Press Release
Yan Acosta, 29, of Philadelphia, PA, and Ivan Pouerie, 31, of Philadelphia, PA, were each charged today by Indictment[1] with one count of possessing with intent to distribute one kilogram or more of heroin, and one count of possessing with intent to distribute one kilogram or more of heroin within 1,000 feet of a school, announced Acting United States Attorney Louis D. Lappen.
If convicted the defendants each face a maximum possible sentence of life imprisonment, a ten year mandatory minimum term of imprisonment, a $30,000,000 fine, at least ten years up to a possible lifetime of supervised release, and a $200 special assessment.
The case was investigated by Homeland Security Investigations (“HSI”), and the Pennsylvania Police Department, and is being prosecuted by Assistant United States Attorney Andrew J. Schell.
[1]An Indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pharmacist Pleads Guilty to Conspiracy to Pay Healthcare KickbacksRead the Press Release
Tampa, FL – Acting United States Attorney W. Stephen Muldrow announces that Carlos Mazariegos (40, St. Petersburg) has pleaded guilty to conspiracy to commit healthcare fraud. He faces a maximum penalty of five years in federal prison.
According to court documents, Mazariegos was a licensed pharmacist who co-owned Lifecare Pharmacy in Pinellas County with his business partner, Benjamin Nundy. In 2014, Mazariegos, Nundy, and Dr. Anthony Baldizzi, a licensed physician, agreed that Lifecare would pay Baldizzi illegal kickbacks for prescriptions of compounded medications written by Baldizzi and filled at Lifecare. In May 2014, Mazariegos, acting on behalf of Lifecare, entered into a marketing agreement with Centurion Compounding Inc., a marketing firm located in Pasco County that employed sales representatives to market compounded medications, specifically creams for pain and scars, to beneficiaries of health care plans, especially TRICARE. These compounded creams typically ranged in price from approximately $900 to $21,000 for a one-month supply.
Between May and November 2014, Centurion directed patients that it had recruited and the physicians within its network to send all of their compounded creams prescriptions to Centurion. Centurion then transmitted these prescriptions to Lifecare to be filled. Mazariegos, Nundy, and the principals of Centurion agreed to pay illegal kickbacks to Baldizzi equal to approximately 10% of the after-cost amount of each claim paid by TRICARE and other health care benefit programs as a result of compounded medications prescriptions written by Baldizzi and filled by Lifecare, for Centurion-recruited patients. For example, in December 2014, Mazariegos wrote a check to a car dealership for $71,900, funded with the proceeds from the operation of Lifecare, to pay for a BMW for Baldizzi in partial satisfaction of the kickbacks owed to him.
Lifecare received approximately $5.3 million from TRICARE for claims made for compounded medications prescribed by Baldizzi resulting from this illegal kickback relationship. Mazariegos and Nundy also billed Medicare $1,064,729 for compounded medications that Lifecare made with bulk powder ingredients when they knew that Medicare only reimbursed for such medications when they were made using crushed tablets.
Nundy is scheduled to plead guilty to engaging in a conspiracy to commit healthcare fraud at a hearing on April 26, 2017.
A grand jury returned an indictment charging Baldizzi with conspiracy, healthcare fraud, receiving health care kickbacks, and engaging in illegal monetary transactions. The case is currently set for trial in May 2017.
This case was investigated by the Federal Bureau of Investigation, the U.S. Department Health and Human Services - Office of Inspector General, the Defense Investigative Service, the U.S. Air Force Office of Special Investigation, and the Drug Enforcement Administration. It is being prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.
Owners of Two Los Angeles-Area Drug Wholesale Companies Arrested in $20 Million Federal ‘Structuring’ ConspiracyRead the Press Release
LOS ANGELES – The owners of two local drug wholesale companies were among four defendants taken into custody this morning on federal “structuring” charges that allege they made millions of dollars in cash deposits designed to circumvent federal reporting requirements.
Law enforcement authorities this morning arrested Richard Kayseryan, 41, of Burbank, the owner of Burbank-based TriMed Medical Wholesalers, Inc. Kayseryan is the lead defendant in a 20-count indictment returned on April 6 by a federal grand jury that charges four individuals and TriMed in relation to two separate schemes to structure millions of dollars in proceeds through “funnel” bank accounts set up in the names of shell companies.
Two other defendants – Derou Biglari, 31, and Jivani Markarian, 33, who own the Glendale-based drug wholesale business JD Pharmaceutical Wholesaler, Inc. – and the fourth defendant – Rafik Mesropyan, 56 – surrendered this morning. These three co-conspirators, all Glendale residents, are charged with depositing millions of dollars of TriMed checks for Kayseryan, and returning the funds to him in the form of cash.
The four individuals and TriMed are expected to be arraigned on the indictment this afternoon in United States District Court.
As part of the scheme, TriMed collected millions of dollars from business activities and Kayseryan prepared checks that he delivered to his co-defendants. The co-conspirators deposited the checks into the funnel accounts and immediately withdrew the funds in cash in amounts at or under $10,000 per transaction, according to the indictment. These transactions were designed to prevent banks from reporting the cash withdrawals to the federal government, which is required for every cash transaction of more than $10,000.
The indictment also charges Kayseryan with lying to federal agents about the funds during an interview in June 2016. Kayseryan allegedly falsely claimed that “he issued TriMed checks payable to the shell businesses,…for the purpose of making interest-bearing ‘investments’ in the shell businesses” and that he “did not receive ‘one cent’ of the funds from the TriMed checks back.” In fact, the businesses did not exist at all, and Kayseryan received millions of dollars in funds back from the checks in the form of cash.
Finally, the indictment charges Kayseryan with filing false tax returns that fraudulently overstated TriMed’s business expenses.
Investigators believe that Kayseryan wrote checks to the shell companies from 2010 through 2015 totaling more than $20 million and that Kayseryan claimed these checks were to pay business expenses. In fact, most of the shell companies did not actually exist other than on paper.
This indictment marks the third phase of Operation “Psyched Out.” The investigation previously resulted in convictions against 17 defendants connected with the operators of a fraudulent medical clinic, Manor Medical Imaging. A medical doctor employed at the location, Kenneth Johnson, and two owners of a San Marino pharmacy, Phic Lim and Theanna Khou, were convicted in that case. In the second phase, the owner of a Glendale pharmacy, Peter Bagdasarian, was convicted of prescription drug misbranding connected to the scheme.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.
If convicted of the 20 counts in the indictment, Kayseryan would face a statutory maximum of 94 years in prison. Biglari and Markarian, if convicted, would each face 45 years, and Mesropyan could be sentenced to as much as 35 years in prison.
Two other conspirators, identified in the indictment by initials as M.F. and S.G., previously pled guilty to federal structuring charges.
The investigation was conducted by IRS Criminal Investigation, the California Department of Justice Tax Recovery and Criminal Enforcement Task Force, the Department of Health and Human Services – Office of Inspector General, the Federal Bureau of Investigation, and the United States Food and Drug Administration’s Office of Criminal Investigations.
The case is being prosecuted by Assistant United States Attorneys Benjamin R. Barron and Christopher Kendall of the Organized Crime Drug Enforcement Task Force.
Owner of Durable Medical Equipment Company Indicted for Health Care Fraud and Related OffensesRead the Press Release
WASHINGTON – Emeka H. Chijioke, 40, formerly of Atlanta, Ga., and Nigeria, has been indicted on charges alleging that he schemed to defraud the District of Columbia’s Medicaid program out of more than $2 million.
The indictment was announced by U.S. Attorney Channing D. Phillips, Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office, and Nicholas DiGiulio, Special Agent in Charge of the U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), for the region that includes Washington, D.C.
The indictment was unsealed on April 7, 2017, and Chijioke pled not guilty at his arraignment last week. A status hearing in the case has been set for April 19 before the Honorable Senior Judge Paul L. Friedman.
Chijioke was arrested in December 2016 in Germany and extradited to the United States last week. The 21-count indictment charges him with one count of health care fraud, nine counts of making false statements related to health care matters, seven counts of wire fraud, three counts of engaging in a monetary transaction with proceeds of specified unlawful activity in an amount greater than $10,000, and one count of first-degree theft. The indictment also includes a forfeiture allegation seeking all proceeds that can be traced to the fraud scheme.
According to the indictment, Chijioke was the majority owner, registered agent, and chief executive officer of Mead Medical Group, LLC, a durable medical equipment company organized in Maryland. Mead Medical provided medical equipment supplies, including incontinence supplies and garments, to District of Columbia Medicaid recipients.
As alleged in the indictment, from 2008 through 2012, Chijioke engaged in a scheme to defraud Medicaid out of more than $2 million and unjustly enriched himself by billing Medicaid for incontinence supplies that were not provided. The indictment alleges that Chijioke used some of the proceeds from his fraudulent scheme to purchase vehicles. According to the indictment, Chijioke instructed his office staff to contact the Medicaid recipients to determine from them the actual amount of incontinence supplies they needed, and to provide them with those supplies. At the same time, the indictment alleges, Chijioke hired a billing company to submit claims to the Medicaid contractor as if the maximum amount of supplies were provided to the recipients rather than the actual amount supplied. By arranging for the maximum amount of incontinence supplies to be billed, rather than the amount actually provided, Chijioke obtained money which he was not entitled to receive from Medicaid.
An indictment is merely a formal charge that a defendant has committed a violation of criminal laws and every defendant is presumed innocent until, and unless, proven guilty.
In announcing the charges, U.S. Attorney Phillips, Assistant Director in Charge Vale, and Special Agent in Charge DiGiulio expressed appreciation for the work performed by Special Agents from the FBI and HHS OIG. They also acknowledged the efforts of those who are working on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney Diane Lucas of the Asset Forfeiture and Money Laundering Section; Assistant U.S. Attorney Kondi Kleinman of the Fraud and Public Corruption Section; former Assistant U.S. Attorney Lionel André; Paralegal Specialists Christopher Toms and Jessica Mundi; former Paralegal Specialists Corinne Kleinman and Kaitlyn Kruger, and Litigation Technology Specialist Claudia Gutierrez. Finally, they commended the work of Assistant U.S. Attorney Virginia Cheatham, who investigated the case and obtained the indictment.
North Royalton man indicted for credit card and Social Security fraudRead the Press Release
A federal grand jury indicted a North Royalton man for credit card and Social Security fraud, said David A. Sierleja, Acting United States Attorney for the Northern District of Ohio.
Gregory Kasperski, 32, was indicted on one count of theft of government funds and two counts of using an unauthorized access device.
Kasperski fraudulently received approximately $30,000 in Title II Survivors Insurance benefits from the Social Security Administration to which he was not entitled. Kasperski also fraudulently used two credit cards without authorization to acquire approximately $16,000 in goods and services from various entities, according to the indictment.
The Social Security Administration Office of the Inspector General conducted the investigation. Special Assistant United States Attorney Lisa J. Sanniti is prosecuting the case.
If convicted, the court will determine the defendant’s sentence after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. In most cases, it will be less than the maximum.
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 government's burden to prove guilt beyond a reasonable doubt.
New Jersey Teenager Sentenced for Making Bomb Threats to Sul Ross State University and the Big Bend Regional Medical Center in AlpineRead the Press Release
In Midland today, Senior United States District Judge Robert A. Junell sentenced a New Jersey teenager to time served followed by five years probation for making bomb threats to Sul Ross State University (SRSU) and the Big Bend Regional Medical Center (BBRMC) in Alpine, as well as threats to a former State Representative last September. United States Attorney Richard L. Durbin, Jr., and FBI Special Agent in Charge Douglas E. Lindquist, El Paso Division, made the announcement today.
Nicholas Kyle Martino, age 17 of Sewell, Washington Township, NJ, was released following today’s hearing. He had been in federal custody since his arrest at his residence on December 1, 2016. During today’s hearing, Judge Junell referred the matter of restitution to United States Magistrate Judge David Fannin. A hearing to determine a restitution figure in this case is expected to occur in federal court in Alpine within the next 90 days.
In a hearing on February 15, 2017, Judge Junell granted Martino’s request to be prosecuted as an adult in federal court. Afterwards, Martino appeared before United States Magistrate Judge David Counts and entered guilty pleas to four felony counts of interstate threats to injure persons.
Information provided in court revealed that Martino engaged in “SWATing” schemes. “SWATing” is the term commonly used to describe an act of tricking law enforcement or first responders into dispatching emergency resources based on a hoax threat.
Martino admitted to making two phone calls to the Brewster County Sheriff’s Office on September 8, 2016, and making a hoax bomb threat to SRSU. Approximately two hours later, Martino followed up with a phone call to the BBRMC threatening to kill everyone in the hospital. Those malicious communications occurred on the same day law enforcement and first responders were responding to an active shooter at the Alpine High School wherein one student received a non-life threatening gunshot wound and the shooter committed suicide.
Martino also admitted to communicating threats via Twitter on September 10, 2016, to kill former Texas State Representative Pete Gallego and his family as well as another threat to bomb SRSU.
The Federal Bureau of Investigation in Midland, Philadelphia (PA), Eau Clare (WI), Nashville (TN), and Seattle (WA); Brewster County Sheriff’s Office; Washington Township Police Department (NJ); Menomonie Police Department (WI); Halifax Regional Police (Nova Scotia, Canada); Wake Forest Police Department (NC); Volusia County Sheriff’s Department (FL); Clermont County Sheriff’s Department (OH); and, the Union Township Police Department (OH) investigated this case. Assistant United States Attorney James J. Miller, Jr., and Debra Kanof are prosecuting this case on behalf of the Government.
New Haven Man Pleads Guilty to Illegal Possession of Firearm and AmmunitionRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that TERENCE GARRETT, 46, of New Haven, pleaded guilty today in Hartford federal court to one count of possession of a firearm and ammunition by a previously convicted felon.
According to court documents and statements made in court, law enforcement received information that GARRETT was selling heroin out a Shelton Avenue apartment, and that he was in possession of a firearm. On October 13, 2016, investigators conducted a court-authorized search of the apartment and seized a .25 caliber pistol loaded with five rounds of ammunition. Investigators also seized 12 bags of heroin and a digital scale. GARRETT was arrested at that time.
GARRETT’s criminal history includes 11 felony convictions, including two convictions for possessing a firearm without a permit, and two convictions for carrying a dangerous weapon.
GARRETT is scheduled to be sentenced by U.S. District Judge Vanessa L. Bryant on July 19, 2017, at which time he faces a maximum term of imprisonment of 10 years. He has been detained since his arrest.
The matter has been investigated by the Federal Bureau of Investigation and New Haven Police Department. The case is being prosecuted by Assistant U.S. Attorneys Anthony Kaplan and Jennifer Laraia.
Mount Pleasant Speech Pathologist Charged in Health Fraud SchemeRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina---- United States Attorney Beth Drake today announced that a Charleston Grand Jury has returned a six-count indictment charging Gena C. Randolph of Mt. Pleasant , South Carolina, with health care fraud, aggravated identity theft, and making false statements relating to health care matters. The indictment alleges that Randolph was barred from submitting Medicaid and Medicare claims in 2012 and 2013, respectively, but that she continued to do so under other provider’s names or companies in which she had a hidden interest. The indictment also alleges that Randolph submitted false claims for services that had not been provided, including for patient beneficiaries who had died. The fraud charge carries a maximum prison term of ten years; the false statement charges carry a maximum 5 years in prison; and the aggravated identity theft a mandatory two years in prison. Each count carries a fine of up to $250,000.
The case was investigated by agents of Health and Human Services – Office of Inspector General (HHS-OIG) and investigators for the Medicaid Fraud Control Unit, Office of the Attorney General, State of South Carolina. Assistant United States Attorney Eric Klumb and Special Assistant United States Attorney Nancy Cote, a Senior Assistant Deputy Attorney General in South Carolina’s Medicaid Fraud Control Unit, are prosecuting the case.
The United States Attorney stated that the charges alleged in the Indictment are merely accusations and that all defendants are presumed innocent until and unless proven guilty.
#####
Mount Hope man sentenced for federal gun crimeRead the Press Release
BECKLEY, W.Va. – A Mount Hope man was sentenced today to two years of probation for a gun charge, with the first six months to be served on home confinement, announced United States Attorney Carol Casto. David Pagan, 22, previously pleaded guilty to aiding and abetting making a false statement in acquiring a firearm.
Pagan admitted that on September 26, 2015, he persuaded another individual to purchase a Taurus .45 caliber semiautomatic pistol for him from Shooter’s Roost in Beckley. That individual put his own name on the form required by the Bureau of Alcohol, Tobacco, Firearms and Explosives to falsely indicate that he was the actual purchaser.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Beckley Police Department conducted the investigation. Assistant United States Attorney John L. File is responsible for the prosecution. United States District Judge Irene C. Berger imposed the sentence.
This case was brought as part of Project Safe Neighborhoods. Project Safe Neighborhoods is a nationwide commitment to reduce gun crime in the United States by networking existing local programs targeting gun crime.
- Follow us on Twitter: SDWVNews
Methuen Man Sentenced to Five Years in Prison for Distributing Heroin and FentanylRead the Press Release
CONCORD, N.H. – John J. Farley, Acting United States Attorney for the District of New Hampshire, announced that Luis Martin Carvajal Gonzalez, also known as Wilfredo Laboy, was sentenced to serve five years in federal prison for distributing fentanyl and heroin, as well as possessing fentanyl with intent to distribute.
Carvajal Gonzalez previously had pleaded guilty to drug trafficking charges. According to court documents, Carvajal Gonazalez, 33, sold heroin and fentanyl to an undercover law enforcement officer on multiple occasions in December of 2015. The transactions occurred at retail stores in Salem, New Hampshire. On February 9, 2016, the defendant (who previously has used the name Wilfredo Laboy) arrived at a store parking lot in Salem to conduct another drug deal. When law enforcement officers approached, he ran away and attempted to throw “fingers” of drugs as he fled. He was apprehended and approximately 156 grams of fentanyl were recovered.
Carvajal Gonzalez, who is originally from the Dominican Republic, was residing in Methuen, Massachusetts at the time of the offenses. He faces likely deportation after he serves his sentence in federal prison.
In announcing the sentence, Acting U.S. Attorney Farley said, “The United States Attorney’s Office remains committed to identifying and prosecuting those who attempt to profit from the sales of deadly drugs. We continue to work with our law enforcement partners each day to stop the flow of fentanyl and heroin into New Hampshire and to reverse the escalating number of drug-related deaths in our state.”
“Opioid abuse is at epidemic levels in the Granite State and those suffering from the disease of fentanyl and heroin addiction need access to treatment and recovery,” said DEA Special Agent in Charge Michael J. Ferguson. “But, those responsible for distributing lethal drugs like fentanyl to the citizens of New Hampshire need to be held accountable for their actions. DEA is committed to aggressively pursue Drug Trafficking Organizations or individuals who are coming from out of state to distribute this poison across New Hampshire in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
This matter was investigated by the Drug Enforcement Administration, with assistance from the New Hampshire State Police, and the Salem, Manchester, and Methuen (Massachusetts) Police Departments. The case was prosecuted by Acting United States Attorney John J. Farley.
###
Massillon man indicted for importing fentanyl from ChinaRead the Press Release
A Massillon man was indicted for illegally importing fentanyl from China, said Acting U.S. Attorney David A. Sierleja.
Daniel Stolte, 29, was indicted on one count of possession with the intent to distribute fentanyl and one count of importing fentanyl.
Stolte imported 40 grams or more of fentanyl from China on March 15 and March 22. On March 22, he possessed approximately 100 grams of fentanyl with the intent of distributing the drug, according to the indictment.
“The drugs that are killing our friends, relatives and neighbors are flowing into the United States from other countries,” Sierleja said. “We will continue to work with our law enforcement partners to shut off those pipelines.”
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.
The investigation preceding the indictment was conducted by the U.S. Department of Homeland Security HSI. The case is being prosecuted by Assistant United States Attorney Robert E. Bulford.
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 government’s burden to prove guilt beyond a reasonable doubt.
League City Woman Sentenced for Receiving Child Pornography via Text and Online MessagingRead the Press Release
GALVESTON, Texas - A 46-year-old woman has been ordered to federal prison following her conviction of receipt of child pornography, announced Acting U.S. Attorney Abe Martinez. Tracey Lynn Bautista pleaded guilty Jan. 26, 2017.
Today, U.S. District Judge George C. Hanks Jr. ordered Bautista to serve 112 months in federal prison. In handing down the sentence, Judge Hanks noted the horrific nature of Bautista’s actions that the photos she sent would be out there forever. He stated it was his job to protect those who cannot help themselves. Bautista was further ordered to serve 10 years of supervised release following completion of her prison term, during which time she will have to comply with numerous requirements designed to restrict her access to children and the Internet. She will also be ordered to register as a sex offender.
Bautista came to the attention of law enforcement after investigators found evidence she was receiving child pornography from an individual who had been arrested for the promotion of child pornography. Investigators found several child pornography images and videos which were sent to Bautista via text messaging and the online messaging application known as Kik Messenger. Bautista acknowledged receipt of these images by responding “nice” and “[w]ow. [g]ood pic.”
Additionally, investigators found text messages in which Bautista discusses a minor relative with this individual. Bautista offered to get pictures of the minor relative for him and later sent a photo of a teenage female relative who is topless with her breasts exposed.
At the hearing today, the court heard testimony that she had communicated with yet another individual about obtaining nude photos of the same minor relative.
Immigration and Customs Enforcement’s Homeland Security Investigations and the Montgomery County Precinct 1 Constable’s Office conducted the investigation.
This case, prosecuted by Assistant U.S. Attorney Kimberly Ann Leo, was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Lackawanna Man Pleads Guilty to Selling Crack Cocaine Near A Housing ProjectRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Waldemar Pabon, 29, of Lackawanna, NY, pleaded guilty to conspiracy to possess with intent to distribute, and to distribute, crack cocaine within 1000 feet of a public housing authority before Senior U.S. District Judge William M. Skretny. The charge carries a maximum penalty of 80 years in prison, a fine of $10,000,000, or both.
Assistant U.S. Attorney George C. Burgasser, who is handling the case, stated that between early 2014 and December 5, 2014, Pabon conspired with others to possess and distribute crack cocaine. The defendant agreed to purchase various amounts of crack cocaine from several individuals and distribute it to certain friends and acquaintances. Pabon collected money from his friends and acquaintances and used the money to purchase more crack cocaine from other individuals in and around the Lackawanna Gates Housing Projects. The defendant then distributed the crack cocaine to his friends and acquaintances.
The plea is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen; the Drug Enforcement Administration, under the direction of James J. Hunt, Special Agent-in-Charge, New York Field Division; the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Ashan Benedict, Special Agent-in-Charge, New York Field Division; and the Lackawanna Police Department, under the direction of James L. Michel, Chief of Police.
Sentencing is scheduled for July 19, 2017, at 11:00 a.m. before Judge Skretny.
Kentucky Deputy Jailer Convicted by Jury of Assault of Inmate and Obstruction of JusticeRead the Press Release
A supervisory deputy jailer at an Eastern Kentucky detention center has been convicted today by a jury of federal charges related to his role in an unprovoked violent assault of a detainee, announced by Acting Assistant Attorney General Tom Wheeler for the Justice Department’s Civil Rights Division, Acting U.S. Attorney Carlton Shier, IV for the Eastern District of Kentucky and Special Agent in Charge Amy Hess of the Federal Bureau of Investigation’s Louisville Division.
The jury convicted 32-year-old Kevin Asher of deprivation of civil rights under color of law, and obstruction of justice. The jury rendered the verdicts after four hours of deliberation following two and half of days of trial.
According to evidence and testimony, in November 2012, Asher and another deputy jailer, Damon Wayne Hickman, physically assaulted Gary Hill, a 55-year-old inmate who was being held following an arrest for a misdemeanor charge of disorderly conduct.
According to testimony, Deputies Asher and Hickman approached Hill after Hill had run the faucet in his jail cell to the point where water had spilled out onto the floor. Hickman testified at trial that he punched Hill in the face, causing Hill to fall onto the floor. Hickman further testified that while Hill was curled up in a fetal position, he and Asher began stomping and kicking Hill. Asher and Hickman then immobilized Hill in a restraint chair and continued to beat him. Evidence established that in the time following the assault, Hill received no medical attention for his wounds.
The jury also found that Asher obstructed justice by filling out an incident report at the jail in which he falsely claimed that Hill had slipped and fallen onto the floor and that no physical force had been used against him.
The Kentucky River Regional Jail is a holding jail for pre-trial detainees. As a supervisory deputy jailer, Asher is responsible for the custody, care, safety and control of the inmates at the jail.
Hickman pleaded guilty last year for his role in a separate assault at the same jail. The victim of that assault died.
The investigation was conducted by the FBI. Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government.
Sentencing for Asher is scheduled for Aug. 2, 2017. The penalty for assault under color of law carries a maximum penalty of assault is 10 years. The Obstruction of Justice offense carries a maximum penalty is 20 years. The U.S. District Court will consider the U.S. Sentencing Guidelines and the federal statutes before imposing sentence.
Jury Convicts Local Man of Hostage Taking of Two Honduran NationalsRead the Press Release
McALLEN, Texas – A federal jury has convicted a Pharr man of hostage taking and harboring aliens, announced Acting U.S. Attorney Abe Martinez.
The jury deliberated for less than 45 minutes before convicting Jesus Manuel Ramirez, 32.
During trial, the jury heard from several witnesses including the two victims who testified that on May 4, 2014, Ramirez and several co-conspirators began threatening and beating them because their families had not paid their smuggling fees. According to their testimony, on that day, one of the co-conspirators made several phone calls to their family members and conveyed that if they did not pay a sum of money, they were going to beat or kill both men.
Additionally, when the families failed to pay the money, Ramirez became upset and ordered a co-conspirator to restrain them. Both men were tied up and beaten. A family member recorded one of the beatings over the phone which the jury saw at trial. Both men testified that a co-conspirator continued to beat them and attempted to sodomize one of the men. Eventually, one escaped and was able to contact his brother who was being assisted by agents from Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Long Island, New York.
An HSI agent also provided testimony and told the jury he had rescued one of the Honduran men who led them to the apartment where he had been held against his will. Agents searched the apartment and encountered the second Honduran national, dressed only in boxers. Alfredo Jaime Balli, 26, Jose Angel Mayorga, 21, and Gustavo Hernandez-Castro, 29, were arrested at the apartment. Ramirez was arrested in August 2016 when crossing into the United States from Mexico.
U.S. District Judge Randy Crane, who presided over the trial, has set sentencing for July 3, 2017. Ramirez faces up to life in federal prison for the hostage taking conviction and up to 10 years for harboring illegal aliens. Both convictions also carry a possible penalty of $250,000. Ramirez has been in custody without bond since his arrest and will remain in custody pending sentencing.
Balli, Mayorga and Hernandez pleaded guilty and have been sentenced to 216, 240 and 120 months, respectively.
HSI in McAllen and Long Island, New York, conducted the investigation with the Pharr Police Department. Assistant U.S. Attorneys Leo J. Leo III and Linda Requénez are prosecuting the case.
Juneau Man Arrested for Production of Child PornographyRead the Press Release
Juneau, Alaska – Acting U.S. Attorney Bryan Schroder announced today that, yesterday, a Juneau man was arrested on a federal complaint and arraigned in federal court in Juneau for one count of production of child pornography, one count of enticement of a minor using the internet, and one count each of receipt and possession of child pornography.
Scott Andrew Funk, 24, resident of Juneau, Alaska, was arrested yesterday by special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) based on a four count criminal complaint charging him with production of child pornography, enticement of a minor using the internet, and receipt and possession of child pornography. If convicted of the production of child pornography, Funk is subject to a mandatory minimum of 15 years and up to a maximum of 30 years in prison; for enticement of a minor using the internet, Funk is subject to a mandatory minimum sentence of 10 years up to life imprisonment; for receipt of child pornography, Funk is subject to a mandatory minimum sentence of five years up to 20 years imprisonment; and Funk is subject to a maximum sentence of 10 years of imprisonment for possession of child pornography. A maximum fine of $250,000 applies to each count.
According to Assistant U.S. Attorney Jack S. Schmidt, who conducted the arraignment, Funk came to the attention of HSI when a parent in the lower 48 discovered electronic communications between Funk and the parent’s minor child. The investigation revealed Funk had communicated with the juvenile from early March to early April using internet-based phone applications and messaging services. Funk directed the minor to produce and send sexually explicit images to Funk, that he received using those internet-based applications and messaging services.
The Charges and resulting prosecution are part of the Department of Justice’s ongoing Project Safe Child (PSC) initiative and HSI’s initiative to combat child exploitation. In May 2006, DOJ launched Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood combines federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, identify and rescue victims and to educate the public about safe Internet use, thereby reducing the risk that children might fall prey to online sexual predators. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov or call the United States Attorney’s Office for the District of Alaska.
Launched in 2003, HSI’s initiative to combat child exploitation has resulted in the arrest of more than 14,000 individuals for crimes against children, including the production and distribution of online child pornography, traveling overseas for sex with minors, and sex trafficking of children. For additional information about these investigations, download HSI’s smartphone app or visit the online suspect alerts page.
A complaint 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.
Iowa City Man Sentenced to 51 Months in Prison for Possessing a FirearmRead the Press Release
DAVENPORT, IA - On April 10, 2017, Keethan Re’shaun Roland, age 24, of Iowa City, was sentenced by United States District Court Judge Rebecca Goodgame Ebinger to 51 months in prison for felon in possession of a firearm, announced United States Attorney Kevin E. VanderSchel. Roland was also ordered to serve three years of supervised release following his imprisonment and to pay $100 to the Crime Victims’ Fund.
On December 5, 2016, Roland pleaded guilty to the offense and admitted he sold a Remington .22 caliber rifle to someone for $250. Roland was prohibited from possessing a firearm due to multiple felony convictions from Johnson County, Iowa.
This investigation was conducted by the Davenport Police Department and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by the United States Attorney’s Office for the Southern District of Iowa.
-END-
Learn more about this release by calling Rachel J. Scherle at 515-473-9300, or by emailing her at [email protected].
Inmate Indicted for Aggravated Assault of Corrections OfficerRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Ellis Hawkins, age 46, an inmate at United States Penitentiary Canaan, was indicted on April 11, 2017, by a federal grand jury on a charge of aggravated assault of a federal employee.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Hawkins struck a corrections officer in the face with his head during an altercation at the prison in December. The officer suffered substantial injuries.
The case was investigated by the Federal Bureau of Investigation and officers at USP Canaan. Assistant U.S. Attorney Sean A. Camoni is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Honduran National Sentenced to Two Years in Prison for Illegal Re-EntryRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that MARVIN ANTONIO GARCIA-PINOTT, age 30, a citizen of Honduras, was sentenced today after having previously pled guilty to reentry of a deported alien, in violation of Title 18, United States Code, Section 1326(a).
U.S. District Judge Kurt D. Engelhardt sentenced GARCIA-PINOTT to two years in prison and ordered him to pay a $5,000 fine. Following the completion of his sentence, GARCIA-PINOTT will be surrendered to the custody of the Immigration and Customs Enforcement for removal proceedings.
According to court records, MARVIN ANTONIO GARCIA-PINOTT was found in the United States on October 3, 2016, after having been previously deported on multiple occasions.
Acting U.S. Attorney Evans praised the work of the U.S. Immigrations and Customs Enforcement for investigating this matter. Assistant U.S. Attorney Emily K. Greenfield was in charge of the prosecution.
Highland Heights man indicted for selling furanyl fentanyl that resulted in fatal overdose of Cleveland teenRead the Press Release
A 10-count indictment was unsealed that charges a Highland Heights man was with selling furanyl fentanyl that resulted in the fatal overdose of a Cleveland teen, said Acting U.S. Attorney David A. Sierleja and Cleveland Police Chief Calvin Williams.
Alec J. Steinberger, 21, was indicted on one count each of distribution of furanyl fentanyl that resulted in death, distribution of furanyl fentanyl and distribution of Xanax and seven counts of using a telephone to facilitate the commission of a felony.
“We continue to seek long prison sentences for drug dealers who sell opioids that kill our children, friends and neighbors,” Sierleja said. “Aggressive prosecution, combined with increased treatment, prevention and changes in prescribing practices are key to turning the tide on the heroin and opioid epidemic.”
“Investigators of the Heroin Death Investigation Team are trained to investigate heroin overdose cases and link the victims back to the dealers,” said Cleveland Division of Police Chief Calvin D. Williams. “It is through the combined efforts of law enforcement, at the local, state and federal levels, and prosecutors of the U.S. Attorney’s Office that these indictments are secured and convictions are won. It is the hope that these examples will deter others from continuing this deadly cycle.”
Beginning on Jan. 30, 2016, Steinberger received Alprazolam (also known as Xanax) and furanyl fentanyl for distribution. Furanyl fentanyl is a potent synthetic opioid. These drugs came to Steinberger through the mail, according to the indictment.
On Feb. 23, 2016, Steinberger texted an associated: “I just got a pack bro.” He then informed several people that he had drugs for sale, including a man identified in the indictment only as L.H.
Steinberger texted L.H. repeatedly the next day. Messages included: “bro I did it last night any my pupils got so small they disappeared and then I was nodding for 18 hrs,” “Bro this is uncut from the road” and “this is uncut from china,” according to the indictment.
Steinberger then repeatedly texted L.H. if he knew anyone that could cut or dilute the drugs and repackage it for sale. Steinberger texted: “We gonna chill tmr” “and go to the hood and give samples” and “try and find out how to cut and re rock,” according to the indictment.
Shortly after midnight on Feb. 25, Steinberger texted L.H.: “Find me customers and tell them you’re the plug and I’ll get it to you and then sell it and cut u in a tiny bit and throw u a free (Klonopin) and dope,” according to the indictment.
On Feb. 25, L.H. fatally overdosed on furanyl fentanyl he bought from Steinberger, according to the indictment.
If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
This case is being prosecuted by Assistant U.S. Attorney Matthew J. Cronin following an investigation by the U.S. Postal Inspection Service and Cleveland Division of Police.
An information is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Hanover Township Man Indicted for Drug Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Caleb Guerrier, age 35, of Hanover Township, Luzerne County, Pennsylvania, was indicted on April 11, 2017, by a federal grand jury in a six-count superseding indictment charging multiple counts of crack cocaine trafficking and firearms offenses.
According to United States Attorney Bruce D. Brandler, Guerrier was originally indicted by a grand jury in February 2016, for selling crack cocaine to a police informant on two separate occasions. A subsequent search of Guerrier’s residence revealed a cache of weapons and ammunition that included five semi-automatic pistols, three of which had obliterated serial numbers; one sawed-off shotgun, multiple boxes of assorted ammunition; drug paraphernalia and $195 in United States currency.
Guerrier was charged with counts of distributing crack cocaine, being a convicted felon in possession of firearms and ammunition, and possessing firearms with obliterated serial numbers.
The superseding indictment charges Guerrier with additional offenses, including additional counts of possession with intent to distribute crack cocaine and being a convicted felon in possession of ammunition. The additional charges stem from a search of a storage unit which Guerrier rented in Wilkes-Barre Township in which investigators found more crack cocaine and additional amounts of ammunition.
The investigation was conducted by the Federal Bureau of Investigation and the Luzerne County Drug Task Force. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 80 years of imprisonment, a term of supervised release following imprisonment, and a $3,750,000 fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Hancock County man arraigned on illegal possession of firearms chargeRead the Press Release
WHEELING, WEST VIRGINIA – David Mallicone, of Weirton, West Virginia, was arraigned today on a charge of illegal possession of firearms, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Mallicone, age 53, was indicted by a federal grand jury sitting in Wheeling on April 4, 2017 on one count of “Unlawful Possession of a Firearm.” Mallicone, having previously been convicted of possession and conspiracy to possess with the intent to distribute and intent to distribute marijuana in United States District Court, was alleged to have in his possession of three rifles, two revolvers, two pistols, and one shotgun. The crime is alleged to have occurred in January 2017 in Hancock County.
Mallicone faces up to ten years and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen L. Vogrin is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Weirton Police Department investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
Greensboro Man Sentenced on Mortgage FraudRead the Press Release
Contact Person: John C. Potterfield (803) 929-3000
Florence, South Carolina---- United States Attorney Beth Drake stated that Michael Lane Prevette, of Greensboro, North Carolina, was sentenced to 42 months imprisonment in federal court. In October of 2016, Prevette pled guilty to count one of an indictment, which charged Conspiracy to Commit Application Fraud, in violation of Title 18, United States Code, Section 371. After Prevette completes the term of imprisonment, he will be on federal supervised release for 3 years and has been ordered to pay $886,749.02 in restitution. United States District Judge R. Bryan Harwell of Florence imposed the sentence.
Prevette was involved in a scheme in which mortgage lenders were misled when members of the conspiracy caused fraudulent loan packages to be submitted to the lenders. These packages included inflated real estate appraisals which were prepared at Prevette’s direction. These properties were located in the Myrtle Beach area.
The case was investigated by the FBI. Assistant United States Attorney John C. Potterfield of the Columbia United States Attorney’s Office prosecuted the case.
#####
Geauga County man indicted for possessing videos of children being raped and sexually assaultedRead the Press Release
A Geauga County man was indicted on two counts related to possessing videos of children being raped and sexually assaulted, said Acting U.S. Attorney David A. Sierleja.
John S. Mobasseri, 39, of Novelty, was indicted on one count of distribution of images of minors engaged in sexually explicit conduct and one count of possession of child pornography.
Mobasseri on March 16 had two USB storage devices, 14 computer disks and a computer that contained images of real minors engaged in sexually explicit conduct. Mobasseri received and distributed images of minors engaged in sexually explicit conduct between 2009 and 2017, according to the indictment.
The files include titles such as “10Yo Preteen Raped (Incest).mpeg” and images such as children being blindfolded and sexually assaulted, as well as children being bound and masked while being sexually assaulted, according to court documents.
This case is being prosecuted by Assistant U.S Attorney Michael A. Sullivan following an investigation by the Department of Homeland Security – Homeland Security Investigations and the Ohio Internet Crimes Against Children Task Force.
If convicted, the court will determine the defendant’s sentence after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. In most cases, it will be less than the maximum.
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 government's burden to prove guilt beyond a reasonable doubt.
Garfield Heights man indicted for Social Security fraudRead the Press Release
A federal grand jury indicted a Garfield Heights man for theft of government funds, said David A. Sierleja, Acting U.S. Attorney for the Northern District of Ohio.
Eric Hegler, 65, fraudulently received approximately $144,000 in benefits from the Social Security Administration to which he was not entitled over nine years, according to the indictment.
The Social Security Administration Office of the Inspector General conducted the investigation. Special Assistant United States Attorney Lisa J. Sanniti is prosecuting the case.
If convicted, the Court will determine the defendant’s sentence after a review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum. In most cases, it will be less than the maximum.
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 government's burden to prove guilt beyond a reasonable doubt.
Franklin County Woman Charged with Embezzlement from Pennsylvania State System of Higher Education Women’s ConsortiumRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Colleen A. McQueeney, age 56, of Shippensburg, Pennsylvania, was charged on April 11, 2017, in a criminal information with embezzlement from the Women’s Consortium of the Pennsylvania State System of Higher Education.
According to U.S. Attorney Bruce D. Brandler, the information alleges that McQueeney, while serving as the statewide Treasurer of the Women’s Consortium, stole approximately $40,000 of the Consortium’s funds through ATM withdrawals and checks between October 2015 and January 2016. McQueeney took steps to conceal her theft by making false reports to the Consortium’s Board.
The United States also filed a plea agreement which is subject to the approval of the Court, wherein it is indicated that McQueeney intends to plead guilty to the charges and make full restitution.
The case was investigated by the Pennsylvania Department of State Bureau of Charitable Organizations and the Federal Bureau of Investigation. Assistant U.S. Attorney James T. Clancy is prosecuting the case.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the embezzlement charge is 10 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
# # #
Fort Smith Man Sentenced to 100 Months in Federal Prison for Drug TraffickingRead the Press Release
Fort Smith, Arkansas - Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Mohammed Abed Joudeh, II age 28, of Fort Smith, was sentenced today to 100 months in federal prison to run concurrent with any undischarged state sentence followed by three years of supervised release on one count of Possession With Intent to Distribute Methamphetamine. The Honorable Chief Judge P. K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, on or about July 12, 2016, Fort Smith police officers assisted Arkansas Parole officers in the search of a residence in Fort Smith where Mohammed Joudeh lived with his mother. Officers made contact with Joudeh and entered the residence. Upon searching the residence, officers seized approximately three grams of methamphetamine hidden in an air vent in the bedroom. After being arrested and placed in the patrol car, Joudeh stated that he was worried about his mother being charged for the drugs and said there were three ounces and a .38 caliber revolver under his mother’s bed. Officers located a loaded Smith and Wesson .38 caliber revolver and a safe containing zip lock bags with approximately 156 grams of methamphetamine, digital scales, and $100 cash. In the living room chair where Joudeh had been sitting, they found $4,243 banded together in $1,000 increments. Searching further, they located a drug ledger with initials and dollar amounts written next to the initials, another set of digital scales, and two loaded .38 caliber magazines.
Joudeh was named in a federal indictment in August of 2016 and pleaded guilty to the charge in October of 2016.
This case was investigated by the Fort Smith Police Department and the Arkansas Department of Probation and Parole. Assistant United States Attorney Candace Taylor prosecuted the case for the United States.
* * * E N D * * *
Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Former Weston Man Sentenced for $2.25 Million Internet Steroids DistributionRead the Press Release
KANSAS CITY, Mo. – Tom Larson, Acting United States Attorney for the Western District of Missouri, announced that a former Weston, Mo., man was sentenced in federal court today for leading a $2.25 million conspiracy to sell anabolic steroids over the Internet.
Aaron Vincent Schweidler, 32, of Smithfield, N.C., formerly of Weston, was sentenced by U.S. Chief District Judge Greg Kays to four years in federal prison without parole. The court also ordered Schweidler to forfeit to the government $2.25 million, which was derived from the proceeds of the illegal drug trafficking, and his residence in North Carolina.
On Nov. 7, 2016, Schweidler pleaded guilty to participating in a conspiracy to manufacture and distribute anabolic steroids and to a conspiracy to commit money laundering. Schweidler admitted that he and co-conspirators operated an Internet-based company, Power Trip, which sold various anabolic steroids to customers (including athletes and minors) throughout the United States.
Co-defendant Nicole R. Lyne, 27, also of Smithfield, N.C., and formerly of Weston was sentenced to five years of probation. Co-defendants Michael G. Peters, 29, of Pelham, N.H.; and Samuel C. Miller IV, 30, of Annapolis, Md., have also pleaded guilty and await sentencing.
Conspirators required customers to pay for the steroids by using various debit cards. Customers used names and account numbers for these debit cards that were provided by conspirators. Conspirators used stolen identities to produce or obtain debit cards, such as Green Dot MoneyPak, MyVanilla, ReloadIT, NetSpend ReloadIT and BlackHawk. They required their customers to send payments to these cards in order to conceal and disguise the proceeds of the illegal transactions.
Schweidler began operating this online anabolic steroid distribution business in late 2011 in Utah. Schweidler quickly sought out assistance from other conspirators, including Peters, to help collect the proceeds from the illegal drug sales. Eventually Schweidler relocated the operation to North Carolina, until relocating again in 2013 to the Kansas City, Mo., area.
During the early stages of the conspiracy Schweidler was the leader of the conspiracy. Schweidler was primarily responsible for the manufacture and distribution of the steroids and he managed the collection of illegal drug proceeds. Initially Peters’s role was primarily to collect the illegal drug proceeds from customers who were required to pay via MoneyGram and Western Union, and also later via debit cards. Peters eventually joined Schweidler in North Carolina to continue the operation. Over time Peters also became more involved with Schweidler in purchasing supplies and assisting in the steroid manufacturing process, as well as handling online customer orders and shipping steroids to customers.
In late summer 2013, Schweidler and Peters relocated the operation to the Kansas City, Mo, area, and Lyne became involved in the conspiracy. Eventually Schweidler turned over more operational duties to Peters, who recruited Miller to move to Kansas City to assist in the operation. In the fall of 2014, Peters and Miller took over operational responsibilities for PowerTrip and relocated the operation back to North Carolina in an effort to avoid law enforcement detection of the operation.
During the conspiracy Schweidler personally sent in excess of $176,000 in drug proceeds to China via Western Union and MoneyGram to purchase additional raw materials to manufacture anabolic steroids.
According to Schweidler’s plea agreement, a reasonable conservative estimate of the dosage units of anabolic steroids which were reasonably foreseeable to Schweidler is over 60,000 dosage units of Testosterone Propionate, Halotestin, and other anabolic steroids. This estimate is based upon the ingredients and amounts indicated in the steroid recipe notebook recovered when Peters and Miller were arrested in North Carolina.
Utilizing the least expensive raw ingredients for the manufactured finished product (Testosterone Propionate), and utilizing the known dollar amount of raw ingredients purchased by conspirators (approximately $200,000, less shipping costs), would yield nearly 1 million grams of raw materials that could manufacture approximately 90,000 vials (approximately 900,000 dosage units based upon a 10 – 100mg dosage unit per vial). PowerTrip sold this product for $25 per vial, which results in a conservative estimate of gross proceeds of at least $2.25 million in sales.
This case is being prosecuted by Assistant U.S. Attorney Jess E. Michaelsen. It was investigated by the U.S. Postal Inspection Service and the Drug Enforcement Administration.
Former U.S. Customs and Border Protection Officer Pleads Guilty to Making False StatementsRead the Press Release
A former officer and program manager for the U.S. Customs and Border Protection (CBP) pleaded guilty today to making false statements regarding his improper use of CBP and other law enforcement databases.
Acting Assistant Attorney General Kenneth A. Blanco of the Department of Justice’s Criminal Division, U.S. Attorney Dana J. Boente of the Eastern District of Virginia and Assistant Director in Charge Andrew W. Vale of the of the FBI’s Washington Field Office made the announcement.
Jesus R. Muchacho, 39, of Temple Hills, Maryland, and a naturalized U.S. citizen from Venezuela, pleaded guilty to one count of making false statements before U.S. District Judge Leonie M. Brinkema of the Eastern District of Virginia. Sentencing is scheduled for July 7, 2017.
According to admissions made in connection with his plea, in December 2013, Muchacho was reassigned to CBP’s National Targeting Center Cargo (NTCC) in Herndon, Virginia, as a CBP officer and a program manager. The NTCC targets and coordinates the examination of high-risk cargo entering the United States and persons associated with such shipments. According to his plea, Muchacho held a Top Secret security clearance, which gave him access to classified national security information, sensitive information and protected law enforcement database systems. Muchacho exceeded CBP’s use restrictions by, among other things, making unauthorized searches and disclosing information to foreign nationals.
According to his plea, on Dec. 1, 2016, Muchacho falsely stated to federal law enforcement officers that: he did not send CBP or U.S. government information outside of CBP systems; he was not asked to provide, and he did not disclose, CBP or U.S. government information to third parties who did not have an authorized need to know; and he did not search law enforcement databases for non-official purposes. Muchacho further admitted that he made false statements during a background reinvestigation in 2014, when he applied for access to a classified information system in 2016, and when he was interviewed during a secondary inspection at Dulles International Airport. According to the plea, the false statements were related to his citizenship status, his contacts with foreign governments and an undisclosed foreign passport.
The CBP’s Office of Professional Responsibility and the FBI’s Washington Field Office are investigating the case. Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant United States Attorney Grace L. Hill of the Eastern District of Virginia are prosecuting the case.
Former Railroad Employee Sentenced for Sexual Exploitation of a MinorRead the Press Release
BISMARCK - US Attorney Christopher C. Myers announced that on April 10, 2017, James Dwight Andrew Monego, 46, Illinois, was sentenced before Chief US District Judge Daniel L. Hovland to serve 10 years and one month after pleading guilty to one count of Possessing Images Depicting the Sexual Exploitation of Minors and Distribution. Judge Hovland also sentenced Monego to serve 10 years of supervised release, pay restitution in the amount of $1500, and pay a $200 special assessment to the Crime Victims’ Fund.
Monego, who was an employee of BNSF, was caught after numerous cyber tips led to multiple hotels that Monego was staying at within the District of North Dakota as he traveled through the state because of his employment. The cyber tips indicated that Monego was using an account on a website entitled, "Chatstep," wherein he was communicating with other individuals with whom he would trade images and videos depicting the sexual assault of children.
This case was investigated by Department of Homeland Security Investigations and the North Dakota Bureau of Criminal Investigations.
Assistant US Attorney Gary Delorme prosecuted the case.
Former Minnesota Housing Repair Contractor Pleads Guilty to Wire Fraud Scheme Affecting U.S. Financial InstitutionsRead the Press Release
A former housing repair contractor pleaded guilty to committing fraud, the Department of Justice announced today.
Patric G. Monahan pleaded guilty to one count of wire fraud in the U.S. District Court in Minneapolis today. The former repair contractor admitted to participating in a scheme to defraud financial institutions in connection with foreclosed properties the financial institutions owned in the Minneapolis area. Sentencing will be set at a later date.
According to the plea agreement, Monahan paid an unnamed realtor over $85,000 to steer housing repair contracts to Monahan and companies affiliated with him. Monahan participated in this scheme from in or about January 2008 until in or about February 2014.
“Patric Monahan knowingly participated in a long-standing scheme to defraud U.S. financial institutions,” said Deputy Assistant Attorney General Brent Snyder of the Department of Justice’s Antitrust Division. “We will continue to work with our law enforcement partners to protect U.S. companies from fraud, wherever we find it.”
“The plea filed today reflects the FBI’s steadfast commitment to ferreting out all forms of financial institution fraud and sends a strong message for those seeking new ways to steal from banks: you will be caught and held accountable for your crimes,” said Special Agent in Charge Richard T. Thornton of the Minneapolis office of the FBI.
This is the first case involving fraud and kickbacks relating to repair contracts for properties in the Minneapolis area owned by financial institutions. The maximum penalty for wire fraud is 30 years of imprisonment and a fine of $1,000,000. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime, if either of those amounts is greater than the statutory maximum fine.
Today’s plea is the result of an ongoing federal investigation of housing repair contracts in the Minneapolis area. The investigation is being conducted by the Antitrust Division’s Chicago Office and the FBI’s Minneapolis Division. Anyone with information concerning suspicious activity relating to housing repairs performed in the Minneapolis area should contact the Antitrust Division’s Chicago Office at 312-984-7200 or visit www.justice.gov/atr/contact/newcase.htm.
Former Medical Product Distributor Charged with False Statements about Hormone ShipmentsRead the Press Release
BIRMINGHAM – Federal prosecutors on Tuesday charged a former Homewood medical product distributor for falsely stating to a U.S. postal inspector that packages of human pregnancy hormone shipped to him from China contained cosmetics he ordered as a gift for his wife. Acting U.S. Attorney Robert O. Posey, U.S. Postal Inspection Service Inspector in Charge Adrian Gonzalez, and Food and Drug Administration, Office of Criminal Investigation, Miami Field Office, Special Agent in Charge Justin Green announced the charge.
The U.S. Attorney’s Office filed a one-count information charging ALFRED LAMOUREUX JR., 45, of Columbiana, with making a false statement to the federal government on May 9, 2016. In conjunction with the charge, prosecutors also filed a plea agreement with Lamoureux. According to the documents, Lamoureux told a postal inspector that two packages he ordered from China contained cosmetics for his wife, when Lamoureaux knew the packages contained vials of injectable human chorionic gonadotropin and he intended to sell the HCG as a means for weight loss, a use not approved by the FDA that can have harmful consequences.
HCG is a hormone produced by the human placenta and found in the urine of pregnant women. FDA has approved HCG-containing drugs, but only for treatment in select cases of female infertility and hormone treatment in men, according to the information and plea agreement. FDA-approved HCG products are available only in injection form and require a valid medical prescription.
There are no FDA-approved HCG products intended for weight loss and the agency has published notices stating that current scientific evidence does not support the claim that HCG is safe and effective for weight loss or treatment of obesity, according to the court documents.
FDA has received reports of serious adverse events associated with HCG injections for weight loss, including cases of pulmonary embolism, depression, cerebrovascular issues, cardiac arrest, and death, according to the documents.
U.S. Immigration and Customs Enforcement in Birmingham intercepted a package on Nov. 4, 2015, that originated in China and was addressed to Lamoureux at a Hoover address. On May 4, 2016, the Postal Inspection Service detained a package originating in China and addressed to Lamoureux at a Columbiana address. Both packages were declared as cosmetics, but both contained 80 vials of HCG for injection, according to the documents. Since HCG is not FDA-approved for weight loss, the hormone would not have been allowed into the country.
On May 9, 2016, Lamoureux called the Columbiana Post Office to inquire about a lost package, and in a subsequent conversation with a postal inspector made his false statements about the May and November packages being presents for his wife.
Lamoureux operated Phoenix Meds Inc. in Homewood from 2012 to 2015 selling medical products, including injectable and oral products, according to his plea agreement. In January 2015, the Alabama Board of Pharmacy revoked Phoenix Meds’ manufacturer/wholesaler/distributor permit for ordering and receiving drugs from an entity that did not have permits from the pharmacy board. The board also cited claims on the business’ website that HCG was “important in weight control” when the FDA had declared it unlawful to sell the drug for that purpose, the plea agreement states.
Lamoureux then formed another company, Perdido Key Health and Wellness Inc. in Perdido Key, Fla. In January 2016, the Florida licensing board issued notice of intent to deny the new business’ applications for a prescription drug wholesaler permit and product registration because Lamoureux provided false information about the Alabama pharmacy board’s disciplinary action against Phoenix Meds, according to the plea agreement.
The maximum penalty for making a false statement to the government is five years in prison and a $250,000 fine.
The Postal Inspection Service and FDA-OCI investigated the case, which Assistant U.S. Attorney Chinelo Dike-Minor is prosecuting.
###
Former Deputy Jailer at Kentucky River Regional Jail Convicted by Jury of Assault of Inmate and Obstruction of JusticeRead the Press Release
LONDON, Ky. – A former supervisory deputy jailer at an Eastern Kentucky detention center has been convicted by a jury of federal charges related to his role in an unprovoked violent assault of a detainee.
The jury convicted 32-year-old Kevin Asher of deprivation of civil rights under color of law, and obstruction of justice. The jury rendered the verdicts after four hours of deliberation following two and half of days of trial.
According to evidence and testimony, in November 2012, Asher and another deputy jailer, Damon Wayne Hickman, physically assaulted Gary Hill, a 55-year-old inmate who was being held following an arrest for a misdemeanor charge of disorderly conduct.
According to testimony, Deputies Asher and Hickman approached Hill after Hill had run the faucet in his jail cell to the point where water had spilled out onto the floor. Hickman testified at trial that he punched Hill in the face, causing Hill to fall onto the floor. Hickman further testified that while Hill was curled up in a fetal position, he and Asher began kicking Hill. Asher and Hickman then immobilized Hill in a restraint chair and Hickman continued to beat him. Evidence established that following the brutal assault, the deputies failed to obtain any medical treatment for Hill who had received numerous injuries.
The jury also found that Asher obstructed justice by filling out an incident report at the jail in which he falsely claimed that Hill had slipped and fallen onto the floor and that no physical force had been used against him.
The Kentucky River Regional Jail houses pre-trial detainees from Perry and Knott Counties. As a supervisory deputy jailer, Asher was responsible for the custody, care, safety and control of the inmates at the jail.
Hickman pleaded guilty last year for his role in a separate assault at the same jail. The victim of that assault died.
Carlton S. Shier, IV, Acting U.S. Attorney for the Eastern District of Kentucky; Thomas E. Wheeler, II, Acting Assistant Attorney General for the Civil Rights Division; and Amy Hess, Special Agent in Charge, Federal Bureau of Investigation, jointly made the announcement.
The investigation was conducted by the FBI. Assistant U.S. Attorney Hydee Hawkins of the United States Attorney’s Office and Trial Attorney Sanjay Patel of the Civil Rights Division prosecuted this case on behalf of the federal government.
Sentencing for Asher is scheduled for August 2. Assault under color of law carries a maximum penalty of assault is 10 years. The obstruction of justice offense carries a maximum penalty is 20 years. The U.S. District Court will consider the U.S. Guidelines and the federal statutes before imposing sentence.
Foreign National Extradited and Pleads Guilty to Human Smuggling ConspiracyRead the Press Release
A Pakistani citizen pleaded guilty today for his role in a scheme to smuggle undocumented migrants from Pakistan into the United States.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia and Special Agent in Charge Angel M. Melendez of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in New York made the announcement.
Sharafat Ali Khan, 32, a Pakistani citizen and former resident of Brazil, pleaded guilty to one count of conspiracy to smuggle undocumented migrants into the United States for profit before U.S. District Judge Reggie B. Walton of the District of Columbia. Khan was extradited to the United States from Qatar on July 13, 2016. Judge Walton scheduled Khan’s sentencing hearing for July 6, 2017.
According to admissions in the plea agreement, between March 2014 and May 2016, Khan and other co-conspirators organized and arranged the unlawful smuggling of large numbers of undocumented migrants to the United States. For their smuggling operation, Khan admitted that he and his co-conspirators used a network of facilitators to transport undocumented migrants from Pakistan and elsewhere through Brazil and Central America and then into the United States by land, air or sea travel. Khan further admitted that he was responsible for managing safe houses for the migrants and arranging a network of associates in other countries to serve as escorts during different legs of the smuggling route. Khan also admitted that voyage included harsh conditions that caused a substantial risk of serious bodily injury or death – including lengthy foot hikes with little food and water through the Darien Gap, a dangerous tropical forest area in Panama.
The investigation was conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. ECT has dedicated investigative, intelligence and prosecutorial resources. ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.
HSI New York investigated this case, with assistance from HSI Brazil, Mexico, Panama and Washington, D.C. field offices, the South Florida Joint Terrorism Task Force, FBI-Miami, the Human Smuggling Cell, U.S. Department of State’s Diplomatic Security Service in Brasilia, Brazil, the Brazilian Federal Police and the U.S. Customs and Border Protection’s National Targeting Center. The Criminal Division’s Office of International Affairs provided significant support with the defendant’s extradition and foreign legal assistance requests. The Justice Department thanks the Government of Qatar for their assistance with the extradition in this case. Senior Trial Attorney Michael Sheckels of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Richard DiZinno of the District of Columbia are prosecuting the case.
Foreign National Extradited and Pleads Guilty to Human Smuggling ConspiracyRead the Press Release
WASHINGTON – A Pakistani citizen pleaded guilty today for his role in a scheme to smuggle undocumented migrants from Pakistan into the United States.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Channing D. Phillips of the District of Columbia and Special Agent in Charge Angel M. Melendez of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in New York made the announcement.
Sharafat Ali Khan, 32, a Pakistani citizen and former resident of Brazil, pleaded guilty to one count of conspiracy to smuggle undocumented migrants into the United States for profit before U.S. District Judge Reggie B. Walton of the District of Columbia. Khan was extradited to the United States from Qatar on July 13, 2016. Judge Walton scheduled Khan’s sentencing hearing for July 6, 2017.
According to admissions in the plea agreement, between March 2014 and May 2016, Khan and other co-conspirators organized and arranged the unlawful smuggling of large numbers of undocumented migrants to the United States. For their smuggling operation, Khan admitted that he and his co-conspirators used a network of facilitators to transport undocumented migrants from Pakistan and elsewhere through Brazil and Central America and then into the United States by land, air or sea travel. Khan further admitted that he was responsible for managing safe houses for the migrants and arranging a network of associates in other countries to serve as escorts during different legs of the smuggling route. Khan also admitted that voyage included harsh conditions that caused a substantial risk of serious bodily injury or death – including lengthy foot hikes with little food and water through the Darien Gap, a dangerous tropical forest area in Panama.
The investigation was conducted under the Extraterritorial Criminal Travel Strike Force (ECT) program, a joint partnership between the Justice Department’s Criminal Division and HSI. The ECT program focuses on human smuggling networks that may present particular national security or public safety risks, or present grave humanitarian concerns. ECT has dedicated investigative, intelligence and prosecutorial resources. ECT coordinates and receives assistance from other U.S. government agencies and foreign law enforcement authorities.
HSI New York investigated this case, with assistance from HSI Brazil, Mexico, Panama and Washington, D.C. field offices, the South Florida Joint Terrorism Task Force, FBI-Miami, the Human Smuggling Cell, the U.S. Department of State's Diplomatic Security Service in Brasilia, Brazil; the Brazilian Federal Police, and the U.S. Customs and Border Protection’s National Targeting Center. The Criminal Division’s Office of International Affairs provided significant support with the defendant’s extradition and foreign legal assistance requests. The Justice Department thanks the Government of Qatar for their assistance with the extradition in this case. Senior Trial Attorney Michael Sheckels of the Criminal Division’s Human Rights and Special Prosecutions Section and Assistant U.S. Attorney Richard DiZinno of the District of Columbia are prosecuting the case.
Florida Business Owner Pleads Guilty in Telemarketing-Related Fraud SchemeRead the Press Release
A Florida business owner pleaded guilty today for his role in selling the personal information of tens of thousands of individuals to fraudulent telemarketers, who used the information to target potential victims for various fraudulent telemarketing schemes.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney W. Stephen Muldrow of the Middle District of Florida, Special Agent in Charge Richard T. Thornton of the FBI’s Minneapolis Field Office, Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office and Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office made the announcement.
Ronald John Mendleski, 72, of Bokeelia, Florida, pleaded guilty to one count of wire fraud before U. S. Magistrate Judge Carol Mirando of the Middle District of Florida. Sentencing will be set at a later date.
As part of the plea, Mendleski admitted that for several years he operated an enterprise that provided telemarketers with information called “sweepstakes leads,” which are the phone numbers and personal information of individuals who have responded to mass mailings notifying recipients that they have purportedly won, or are about to win, expensive prizes and enormous cash payouts. Such information is highly valued by fraudulent telemarketers, who seek to identify individuals who may be susceptible to falling for fraudulent scams. Mendleski admitted that he sold this information to scammers, knowing that they intended to use the information to engage in fraud. This scheme generated over $1.5 million for Mendleski, he admitted.
The FBI is investigating this matter. Trial Attorney Timothy A. Duree of the Criminal Division’s Fraud Section is prosecuting the case.
Florida Business Owner Pleads Guilty in Telemarketing-Related Fraud SchemeRead the Press Release
Fort Myers, FL – A Florida business owner pleaded guilty today for his role in selling the personal information of tens of thousands of individuals to fraudulent telemarketers, who used the information to target potential victims for various fraudulent telemarketing schemes.
Acting U.S. Attorney W. Stephen Muldrow, Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Special Agent in Charge Richard T. Thornton of the FBI’s Minneapolis Field Office, Special Agent in Charge Christopher Combs of the FBI’s San Antonio Field Office and Special Agent in Charge Paul Wysopal of the FBI’s Tampa Field Office made the announcement.
Ronald John Mendleski, 72, of Bokeelia, Florida, pleaded guilty to one count of wire fraud before U. S. Magistrate Judge Carol Mirando. Sentencing will be set at a later date.
As part of the plea, Mendleski admitted that for several years he operated an enterprise that provided telemarketers with information called “sweepstakes leads,” which are the phone numbers and personal information of individuals who have responded to mass mailings notifying recipients that they have purportedly won, or are about to win, expensive prizes and enormous cash payouts. Such information is highly valued by fraudulent telemarketers, who seek to identify individuals who may be susceptible to falling for fraudulent scams. Mendleski admitted that he sold this information to scammers, knowing that they intended to use the information to engage in fraud. This scheme generated over $1.5 million for Mendleski, he admitted.
The FBI is investigating this matter. Trial Attorney Timothy A. Duree of the Criminal Division’s Fraud Section is prosecuting the case.
Federal Officials Close the Investigation Involving Bureau of Police OfficersRead the Press Release
ERIE, Pa. - Acting United States Attorney Soo C. Song issued the following statement today:
"Today, we announce that no federal civil rights charges will be brought related to the arrest of Montrice Bolden.”
"We met with Montrice Bolden’s family to inform them of our decision. We have also communicated our decision to the Erie Bureau of Police and to Mayor Sinnott. While the public, understandably, may have questions regarding the facts of what occurred, the Department of Justice considered only the narrow question of whether there is sufficient evidence to prove beyond a reasonable doubt that a crime was committed.
"Senior members of the U.S. Attorney’s Office in Pittsburgh, prosecutors from the Civil Rights Division of the United States Department of Justice and FBI special agents have conducted a thorough and independent review of this matter.
"After this review, we determined that the evidence does not warrant federal criminal civil rights charges against the Erie Bureau of Police officers who were involved in the arrest of Mr. Bolden on June 28, 2016.
“Under the applicable federal criminal civil rights laws, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer’s actions were objectively unreasonable and that the law enforcement officer willfully deprived an individual of a constitutional right. To act ‘willfully,’ for purposes of the federal statute, means to act with deliberate and specific intent to defy or disregard the law. Neither negligence, accident, mistake, fear nor bad judgment is sufficient to establish such a criminal violation.
“Legal restrictions relating to the confidentiality of criminal investigations prohibit us from further discussing the specifics of this case.
“The U.S. Attorney’s Office remains committed to working with the Erie community to improve trust between the community and the police. The City of Erie and the Erie Bureau of Police have coordinated with our office and the U.S. Department of Justice to commence civil rights training with all members of the Erie Bureau of Police beginning Thursday, April 13, 2017. The Erie Bureau of Police has actively engaged with community members in an effort to improve relations and trust since August 2016. We commend the Erie Bureau of Police for its willingness to seek additional civil rights training and to enhance mutual trust between law enforcement and the citizens they serve. Due to the high interest in this investigation, we have engaged a federal mediator from the Department of Justice, Community Relations Service, who has traveled to Erie on multiple occasions and will continue to meet with Erie community members and officials.
“The United States Attorney’s Office remains committed to investigating allegations of excessive force by law enforcement officers and will continue to assure that all allegations of civil rights violations are fully and completely investigated.”
Federal Jury Convicts Fort Worth Man of Five Counts of Robbery and Gun ChargesRead the Press Release
FORT WORTH – Following a two-day trial before U.S. District Judge Reed C. O’Connor, a federal jury has convicted Nathaniel Roshaun Bowens, 34, of Fort Worth, Texas, of five counts relating to the robbery of T-Mobile stores, announced U.S. Attorney John Parker of the Northern District of Texas.
Bowens was convicted of one count of conspiracy to interfere with commerce by robbery, two counts of interference with commerce by robbery, and two counts of using carrying and brandishing a firearm during and in relation to, and possessing and brandishing a firearm in furtherance of a crime of violence. The conspiracy count carries a maximum statutory penalty of 20 years in federal prison and a $250,000 fine. Each interference with commerce by robbery count a maximum statutory penalty of 20 years in federal prison and a $250,000 fine. Each firearm count carries a maximum statutory penalty of life in federal prison and a $250,000 fine. Bowens has been in custody since his arrest in January 2017. Sentencing has been set for July 17, 2017.
According to evidence presented at trial, on October 5, 2015 Bowens entered the T-Mobile store located at 1801 Eastchase Parkway #115, Fort Worth, Texas, and obtained numerous cellular phones and other assorted electronics from the T-Mobile employees by threatened force, violence, and fear of immediate injury to the employees by using and brandishing a firearm.
On March 7, 2016, Bowens entered the T-Mobile store located at 981 N. Walnut Creek, Mansfield, Texas, and obtained numerous electronic devices and money from T-Mobile employees by threatened force, violence, and fear of immediate injury to the employees by using and brandishing a firearm.
On June 28, 2016, Bowens entered the T-Mobile store located at 2205 W. IH-20, Grand Prairie, Texas, and obtained numerous electronic devices and money from T-Mobile employees by threatened force, violence, and fear of immediate injury to the employees by using and brandishing a firearm.
On August 29, 2016, Bowens attempted to enter the T-Mobile store located at 3524 Altamesa Blvd, Fort Worth, Texas, to obtain numerous electronic devices and money from T-Mobile employees by threatened force, violence, and fear of immediate injury to the employees by using and brandishing a firearm but was unsuccessful.
On September 4, 2016, Bowens attempted to enter the T-Mobile store located at 2209 W. Berry St., Fort Worth, Texas, to obtain numerous electronic devices and money from T-Mobile employees by threatened force, violence, and fear of immediate injury to the employees by using and brandishing a firearm but was unsuccessful.
On September 4, 2016, Bowens entered the T-Mobile store located at 3524 Altamesa Blvd., Fort Worth, Texas, and obtained numerous electronic devices and money from T-Mobile employees by threatened force, violence, and fear of immediate injury to the employees by using and brandishing a firearm.
The case was investigated by the FBI, Fort Worth Police Department, Mansfield Police Department, Grand Prairie Police Department, Arlington Police Department, and the Dallas Police Department.
Assistant U.S. Attorneys Brian Poe and Chris Wolfe prosecuted.
# # #
Federal Indictment Charges Council Member and Fire Chief for the City of Tryon, N.C. with Conspiracy to Commit FraudRead the Press Release
ASHEVILLE, N.C. – A federal indictment was unsealed in U.S. District Court today, charging Leroy Miller, Jr., 51, and Joseph Samuel Davis, 42, both of Tryon, N.C., with federal program fraud conspiracy, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina. The indictment also charges Miller with three additional counts, including federal program fraud, extortion under color of official right and witness tampering. The indictment was returned under seal by a federal grand jury sitting in Asheville on April 4, 2017, and remained under seal until Miller’s arrest earlier today.
John A. Strong, Special Agent in Charge of the Federal Bureau of Investigation (FBI), Charlotte Division, and Robert Schurmeier, Director of the North Carolina State Bureau of Investigation join U.S. Attorney Rose in making today’s announcement.
“Violating the trust of the public deserves swift and sure action by prosecutive authorities,” said U.S. Attorney Rose. “Today, on behalf of the citizens of Tyron, my office responded with an indictment against these two individuals who egregiously abused the trust bestowed upon them by the people.”
“The individuals arrested today are accused of stealing from the very system they were entrusted to support. The FBI and our law enforcement partners will investigate those who prey on programs that provide essential services to our citizens for their personal gain,” said Special Agent in Charge Strong.
“The public holds government officials to a high standard, and when that public trust is broken, we all suffer,” said SBI Director Schurmeier. “The SBI will continue to place a high priority on public corruption cases such as this one in Polk County, and we sincerely appreciate the diligent work of the U.S. Attorney’s Office in prosecuting this case.”
According to allegations in the indictment, over the course of the alleged conduct, Davis served the fire chief of the Tryon Fire Department. Beginning in January 2012, Davis was also appointed as Tryon’s interim, and later permanent, town manager. The indictment alleges that during the relevant time period, Davis received an increase in his salary of more than $5,000 per year, for serving as fire chief and town manager. The indictment further alleges that during this time, Miller was an elected member of the Tryon town council. In his position as a town council member, Miller had the power to affect and influence appointments, including that of Davis as interim and permanent town manager.
As detailed in the indictment, from at least April 2012, Miller began soliciting money from Davis. The two defendants reached an agreement whereby Davis would pay some of Miller’s personal bills in exchange for Miller’s championing within the town council for Davis to receive a higher salary, among other things. Miller sometimes made his solicitations for money in person or by telephone, and sometimes by text and email messages. The indictment alleges that from time to time, when he made these solicitations of money, Miller reminded Davis that Miller was in a position to help the fire department with a budget increase, that he had the power to affect Davis’s appointment as town manager and his retention of that position, and that Miller had the power to affect Davis’s salary in both positions.
Until in or about April 2016, Davis gave money to Miller out of Davis’s personal funds. Beginning in or about April 2016, Davis had insufficient personal funds to pay Miller when Miller solicited money from him. Davis therefore wrongfully used the town’s credit cards, on multiple occasions, to pay for Miller’s personal expenses, including to pay Miller’s utilities and cable bills and Miller’s auto insurance premiums.
The indictment alleges in September 2016, Tryon’s new town manager would assume that post, and as a result Davis would return to being solely the fire chief and therefore his salary would be lowered. On or about October 21, 2016, Davis sent Miller a text message discussing the strategy and language that Miller should use in attempting to protect Davis’s salary. Miller responded a few minutes later, asking Davis to send him what Davis wanted him to say. On the same day, Miller sent a text message to the new town manager stating that they needed to meet to discuss a budget amendment about salaries, and “specifically to Joey Davis [sic] salary.”
On or about November 8, 2016, Miller sent a text message to Davis asking if he could possibly pay one utility. That same day, Davis told Miller via text message that he could not “run anything through the town anymore with [the new town manager] checking behind me on all my expenditures.”
The indictment further alleges that in addition to obtaining payments of his personal bills using the town’s credit cards, Miller also solicited Davis to participate in a bill-padding and kickback scheme. On or about March 23, 2016, a private contractor (“the contractor”) submitted a bid for construction work on municipal buildings of the town. Davis, as town manager, was responsible for choosing a contractor, and he approved the contract. As a town council member, Miller was aware of the contract. In May 2016, Miller asked Davis for $2,500, and suggested Davis inflate the contractor’s bill by that amount and give the extra money to Miller. Davis, however, did not inflate the contract, and Miller therefore received no money from this proposed scheme.
According to the indictment, beginning in January 2017, Davis told Miller that he had been contacted by the SBI regarding Tryon town funds being used to pay for Miller’s personal bills. Miller advised Davis not to say anything, but that the money was from the town’s “needy fund” and that Davis anticipated the money would be repaid. Miller also advised Davis to get rid of his emails and text messages and to make sure that he did not “have a trail.” Later the same month, the indictment alleges that Davis again met with Miller and told him that the FBI as well as the SBI had now contacted him and wanted to speak with him. Miller again told Davis several times during this meeting to inform the FBI and SBI that Davis made the payments out of the “needy fund” and that he thought the money would be reimbursed. When Davis said that he had “things” on his phone, Miller told him he to wipe it clean.
Miller’s initial appearance is scheduled for 12:00 p.m. today in federal court before U.S. Magistrate Judge Dennis Howell. Davis is also expected to appear in court on the charges pending against him.
The conspiracy charge carries a maximum prison term of five years and a $250,000 fine. The federal program fraud charge carries a maximum prison term or 10 years and a $250,000 fine. The extortion under color of official right charges carries a 20-year maximum prison term and a $250,000 fine. And the witness tampering charge carries a maximum prison term of 20 years and a $250,000 fine.
The charges contained in the indictment are allegations. The defendants are innocent until proven guilty, beyond reasonable doubt, in a court of law.
In making today’s announcement, U.S. Attorney Rose commended the FBI and SBI for their investigation of this case. U.S. Attorney Rose also thanked District Attorney Greg Newman of North Carolina’s Judicial District 29B, which encompasses Henderson, Polk and Transylvania counties, for his office’s assistance with this case.
Assistant U.S. Attorney Richard Edwards, of the U.S. Attorney’s Office in Asheville, is in charge of the prosecution.
Federal Grand Jury Indicts Illinois Attorney in Mortgage Fraud SchemeRead the Press Release
CHICAGO — An Illinois attorney has been indicted by a federal grand jury for fraudulently obtaining loans related to the purchase, maintenance and sale of properties on Chicago’s South Side.
JESSICA ARONG O’BRIEN fraudulently caused lenders to issue and refinance approximately $1.4 million in mortgage and commercial loans by making false representations and concealing material facts in documents submitted to the lenders, according to an indictment returned in federal court in Chicago. O’Brien used the fraudulently obtained mortgage loan proceeds to purchase an investment property in the 600 block of West 46th Street in Chicago, and fraudulently refinanced the mortgage on the property as well as on a second investment property in the 800 block of West 54th Street in Chicago, the indictment states. O’Brien then fraudulently obtained a commercial line of credit to maintain the properties, before selling them to co-defendant MARIA BARTKO and a straw buyer whom O’Brien knew would fraudulently obtain mortgage loans, according to the indictment.
The indictment charges O’Brien, 49, of Chicago, and Bartko, 49, of Chicago, with one count of mail fraud affecting a financial institution. O’Brien is also charged with one count of bank fraud. Arraignment is set for April 20, 2017, at 10:00 a.m., before U.S. Magistrate Judge Sheila M. Finnegan.
The indictment was announced by Joel R. Levin, Acting United States Attorney for the Northern District of Illinois; Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and Catherine Huber, Special Agent in Charge of the Midwest Region of the Federal Housing Finance Agency, Office of Inspector General.
At the time of the alleged scheme, O’Brien was employed full time as a Special Assistant Attorney General for the Illinois Department of Revenue, while also owning a real estate company, O’Brien Realty LLC, and working part time as a loan officer for Amronbanc Mortgage Corp. in Lincolnwood, the indictment states. It was at Amronbanc where O’Brien met Bartko, who was employed there as a loan officer.
The public is reminded that an indictment is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Mail fraud affecting a financial institution and bank fraud are each punishable by a maximum penalty of 30 years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The government is represented by Assistant U.S. Attorneys Matthew F. Madden and Tyler C. Murray.
Essex County, New Jersey, Man Gets over Two Years in Prison for Prison Tax ScamRead the Press Release
NEWARK, N.J. – An East Orange, New Jersey, man was sentenced today to 26 months in prison for his role in a conspiracy to file false federal income tax returns on behalf of inmates at the Essex County Correctional Facility, Acting U.S. Attorney William E. Fitzpatrick announced.
Winfred Moses, 49, previously pleaded guilty before U.S. District Judge William H. Walls to an information charging him with conspiracy to make and present false, fictitious, and fraudulent claims to the IRS. Judge Walls imposed the sentence today in Newark federal court.
According to the documents filed in this case and statements made in court:
From 2013 through Aug. 5, 2014, Moses, Reginald Eaford, 46, also of East Orange, and others conspired to file bogus federal tax returns in order to fraudulently obtain tax refunds.
Eaford was an inmate at the Essex County Correctional Facility from approximately May 20, 2013 through Feb. 12, 2014. As part of the scheme, Eaford, Moses, and others obtained social security numbers, dates of birth, and other information from inmates at the jail. Eaford and Moses would then generate false W-2 forms indicating that the inmates had earned income during the relevant tax year and that federal income tax had been withheld from their paychecks.
Afterwards, Eaford and Moses filed false federal income tax returns on behalf of the inmates and had the refund checks sent to the Essex County Correctional Facility or to Moses’s East Orange residence. The proceeds of the fraud were split among Eaford, Moses, and the relevant inmates. Eaford and Moses admitted that they filed 112 phony tax returns that sought approximately $670,206 in fraudulent refunds.
In addition to the prison term, Judge Walls sentenced Moses to three years of supervised release and ordered him to pay restitution of $200,045. Eaford previously pleaded guilty with Moses on Dec. 19, 2016 and awaits sentencing.
Acting U.S. Attorney Fitzpatrick credited special agents of IRS–Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen, postal inspectors from the U.S. Postal Inspection Service, under the direction of Inspector in Charge James V. Buthorn, and the Internal Affairs Division of Essex County Jail, under the leadership of Warden Roy Hendricks, with the investigation.
The government is represented by Assistant U.S. Attorney Francisco J. Navarro of the U.S. Attorney’s Office Criminal Division in Newark.
Defense counsel: Leigh-Anne Mulrey Esq., Morristown, New Jersey
Elgin Man Charged with Possession of a Firearm While an Unlawful User of MarijuanaRead the Press Release
Daniel Henriksen, 29, from Elgin, Iowa, has been charged with one count of possessing a firearm while an unlawful user of marijuana. The charge is contained in a complaint unsealed today in United States District Court in Cedar Rapids.
The complaint alleges that, on or about June 17, 2016, law enforcement officers and emergency medical personnel responded to Henriksen’s home in Elgin after receiving a 911 call reporting that a four-year old boy had shot himself in the head. Once at the residence, they located a child suffering from a gunshot wound to his head. The child was transported to Palmer Lutheran Hospital in West Union, Iowa, where he was later pronounced dead.
The complaint also alleges that during the investigation of the child’s death, investigators determined that Henriksen was the owner of the firearm used in the shooting, which was a Glock 36, .45 caliber handgun. During a search of Henriksen’s residence, officers seized several items of drug paraphernalia, including marijuana smoking devices. Several of these items were analyzed at the Iowa Division of Criminal Investigation Criminalistics Laboratory and tested positive for marijuana.
If convicted, Henriksen faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
Henriksen appeared today in federal court in Cedar Rapids and was released on bond. Henriksen’s next appearance for an arraignment will be set at a future time.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Lisa C. Williams and was investigated by the Iowa Division of Criminal Investigation and the Fayette County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 17-MJ-120.
Follow us on Twitter @USAO_NDIA.
Doddridge County man guilty of illegal possession of a firearmRead the Press Release
CLARSKBURG, WEST VIRGINIA – A Greenwood, West Virginia man was convicted today of illegal of possession of a firearm, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Thomas Charles Goodwine, 23, pled guilty to one count of “Unlawful Possession of a Firearm.” Goodwine, having been convicted of two felonies in Pennsylvania, admitted to having in his possession a 9mm caliber pistol. The crime occurred in January 2016 in Harrison County.
Goodwine faces up to ten years and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
U.S. Magistrate Judge Michael John Aloi presided.