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6 April 2017
Five Men Charged with 2009 Kidnapping and MurderRead the Press Release
United States Attorney Deirdre M. Daly, Chief State’s Attorney Kevin T. Kane, Special Agent in Charge Patricia M. Ferrick of the New Haven Division of the Federal Bureau of Investigation, and Hartford Police Chief James C. Rovella, today announced that a federal grand jury in Hartford has returned an indictment charging five men with the kidnapping and murder of Charles Teasley, 35, of West Hartford, in January 2009.
This matter stems from a long-term investigation being conducted by the FBI’s Northern Connecticut Violent Crimes Task Force, Hartford Police Department and the Cold Case Homicide Unit of the Office of the Chief State’s Attorney.
Charged in the indictment, which was returned under seal on March 30, 2017, are:
HAROLD COOK, also known as “Oink,” 40, of Bloomfield
GERUND MICKENS, also known as “Breeze,” 41, of Bloomfield
TERRELL HUNTER, also known as “Rell” and “Killer,” 35, of Hartford
DOUGLAS LEE, also known as “Fly,” 42, of Hartford
JESUS ASHANTI, also known as “Black,” 40, formerly of HartfordThe indictment charges the defendants with one count of kidnapping resulting in death, one count of using a firearm during a kidnapping and causing a death, and one count of using a firearm during a robbery and causing a death. If convicted of the charges, each defendant faces a maximum term of imprisonment of life, or death if the government seeks the death penalty in this matter.
Cook, Mickens and Hunter were arrested on April 4, and Lee was arrested today. They appeared before U.S. Magistrate Judge Robert A. Richardson in Hartford and were ordered detained. Ashanti is presently incarcerated for unrelated offenses.
The indictment alleges that, on January 12, 2009, Hartford Police responded to Colebrook Street in Hartford in response to a citizen’s report of a dead body in the back seat of a vehicle parked on the side of the road. Upon arrival, patrol units located a grey 1999 Acura TL parked on the street. Charles Teasley was found deceased in the back seat of the vehicle. He had suffered multiple gunshot wounds to his head and face, and his hands were zip-tied behind his back.
The indictment alleges that Cook, Mickens, Hunter and Ashanti were involved in committing armed robberies of persons they believed to be drug dealers operating in the greater Hartford area. On January 9, 2009, Cook, Mickens, Hunter and Ashanti planned to commit an armed robbery of an individual who they knew was scheduled to make a sale of cocaine. However, the individual decided not to go forward with drug deal and the robbery attempt was aborted. Lee then advised Cook that Lee had made arrangements to conduct a cocaine transaction with Charles Teasley, also known as “Man.” Lee provided the particulars of the planned transaction to Cook so that Teasley could be kidnapped and robbed of drugs and money.
The indictment further alleges that Lee met with Teasley at the approximate time and location Lee had provided to Cook. Cook, Mickens, Hunter and Ashanti then went to the location and kidnapped Teasley by using zip-ties to bind his hands and forcing him back into his own vehicle. In the vehicle, they threatened Teasley at gun point, assaulted him and forced him to make a telephone call directing his girlfriend to bring to Cook, Mickens, Hunter and Ashanti a safe he had hidden at the residence he shared with his girlfriend. They then drove Teasley to a residential section of Hartford and murdered him.
“The U.S. Attorney’s Office is committed to prosecuting dangerous offenders and reducing violent crime in our cities, and our work will not stop until the shootings and murders stop” said U.S. Attorney Daly. “I thank our partners in the FBI Task Force, Hartford Police Department and Chief State’s Attorney’s Office for their excellent investigative work in bringing to justice those we allege to be responsible for this brutal murder, and their ongoing efforts to solve other cold case murders.”
“I want to take this opportunity to thank all of the agencies involved in this matter,” said Chief State’s Attorney Kane. “It is yet another example of how through collaboration government at all levels can accomplish much, which is particularly important in the current budget climate.”
“The seven years of intense investigative work by law enforcement partners resulting in the five alleged perpetrators of this heinous crime being brought to justice highlights our dedication to ending senseless gun violence in Connecticut,” said FBI Special Agent in Charge Ferrick.
U.S. Attorney Daly stressed that an indictment is only a charge and is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
Chief State’s Attorney Kane noted that the unsolved homicide of Charles “Man” Teasley was included in cold case playing cards sold to inmates in Connecticut’s state correctional facilities. Each card in the deck features a photograph and brief details about a homicide or missing person case and lists telephone, mail and e-mail contacts that inmates can use to supply information.
The FBI’s Northern Connecticut Violent Crimes Task Force includes members of the Hartford Police Department, East Hartford Police Department, Connecticut State Police and Connecticut Department of Correction.
The case is being prosecuted by Assistant U.S. Attorneys John H. Durham, Peter D. Markle and Jocelyn C. Kaoutzanis, and Assistant State’s Attorney Andrew Reed Durham, who has been cross-designated as a Special Assistant U.S. Attorney in this matter.
Five Indicted on Firearm and Drug ChargesRead the Press Release
Acting U.S. Attorney Duane A. Evans announced that DASHAWN LEWIS, age 39; MARK RICHBURG, age 36; LEO CATCHINGS, age 38; NATHAN BALLANSAW III, age 65, all of New Orleans; and, MICHAEL HOLMES, age 37, of Avondale, were indicted today by a federal grand jury for charges of conspiracy to distribute heroin, cocaine hydrochloride, and cocaine base; possessing a firearm in furtherance of a drug trafficking crime; and other offenses.
According to the indictment, since on or about April 22, 2016, LEWIS, RICHBURG, HOLMES, CATCHINGS, and BALLANSAW III, conspired to distribute and possess with the intent to distribute 100 grams or more of heroin, and quantities of cocaine hydrochloride and cocaine base, commonly known as crack cocaine. All of the defendants are also charged with possessing a .38 caliber Smith and Wesson revolver in furtherance of the drug trafficking conspiracy. Finally, LEWIS and HOLMES are also charged with distributing heroin during the conspiracy.
Acting U.S. Attorney Evans reiterated that the Indictment is merely an allegation and that the guilt of the defendants must be proven beyond a reasonable doubt.
Acting U.S. Attorney Evans praised the work of the Drug Enforcement Administration in investigating this matter. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
Federal Prosecutors Warn Potential Tax Cheats: Tax Crimes Result in Criminal Prosecution, Lengthy Prison Sentences, and FinesRead the Press Release
CHARLOTTE, NC - With the deadline for filing income tax returns rapidly approaching, Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina, and Thomas J. Holloman, III, Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division, Charlotte Field Office, jointly announce recent tax fraud prosecutions and sentencings, and deliver a powerful warning to those who are thinking about breaking the law by committing tax crimes.
“As tax filing season reaches its peak, we are putting would-be tax cheats on notice: My office will prosecute those who try to cheat the tax system at the expense of honest taxpayers who file their returns on time and pay the taxes they owe. Our tax system is built on voluntary compliance and tax criminals who do not pay their fair share increase the tax burden on law-abiding taxpayers,” said U.S. Attorney Rose.
“The 2017 income tax filing season is soon coming to a close, however, special agents of the IRS – Criminal Investigation work year-round to combat criminal violations of the Internal Revenue Code and related financial crimes. Agents in the Charlotte Field Office have pursued, and will continue to pursue, those who prepare returns fraudulently, steal and misuse identities, and those who take extraordinary measures to conceal their income in an effort to evade their tax responsibility,” said Special Agent in Charge Thomas J. Holloman, III. “To build faith in our nation’s tax system, honest taxpayers need to be reassured that everyone is paying their fair share and we will work vigorously to pursue those who do not.”
TAX EVASION AND FILING FALSE TAX RETURNS
Over the last year, the U.S. Attorney’s Office has prosecuted and convicted numerous individuals for omitting income from their individual tax returns, and defendants have received prison sentences for tax charges. For example, the following individuals have been prosecuted for lying to the IRS about their taxable income:
Matthew Moretz, 31, of Taylorsville, N.C., pleaded guilty to one count of filing a false tax return. From April 2010 to March 2011, Moretz collected unemployment income from the North Carolina Division of Employment. However, beginning in or about March 2010 and continuing through in or about 2013, Moretz was self-employed as the owner of MJM Recycling, a scrap metal business. From tax year 2010 through tax year 2013, Moretz earned additional personal income totaling approximately $529,622.44 that Moretz failed to report on his U.S. Individual Income Tax Returns Form 1040 filed with the IRS. As a result of the unreported taxable income, Moretz had additional tax due and owing of approximately $116,409.38 from 2010 to 2013. Moretz is currently awaiting sentencing.
Patrick Emanuel Sutherland, 48, of Charlotte, was convicted of filing false tax returns and obstructing a federal grand jury investigation. Court documents and trial evidence showed that, from at least 2007 to 2015, Sutherland was an actuary, and the owner and operator of numerous companies in the insurance and financial industries. Between 2007 and 2010, Sutherland engaged in an elaborate scheme to conceal a substantial amount of income, including filing false tax returns with the IRS which underreported business receipts and personal income of approximately $2 million in income received from an offshore bank account in Bermuda, as well as from domestic sources. Sutherland is currently awaiting sentencing.
Reuben T. DeHaan, 44, of Kings Mountain, N.C., was sentenced to 24 months in prison for tax evasion and possession of an unregistered firearm. DeHaan owned a holistic medicine business, which he operated out of his residence in Kings Mountain under the names Health Care Ministries International Inc. and Get Well Stay Well. During the years 2008 through 2014, DeHaan earned more than $2.7 million in gross receipts from his holistic medicine business, but failed to file income tax returns for those years and evaded approximately $678,000 in income taxes due and owing. DeHaan was also ordered to pay 567,665 in restitution to the IRS and $110,449 to the state of North Carolina.
FRAUDULENT RETURN PREPARERS AND STOLEN IDENTITY REFUND FRAUD
Our office diligently works to investigate and prosecute unscrupulous tax return preparers. Examples of prosecutions of tax return preparers during the last year include:
Ramos, formerly of Lincolnton, N.C., was previously sentenced to 48 months in prison for her role in a false claims conspiracy. The conviction stemmed from Ramos’s role in a conspiracy to defraud the government by filing fraudulent tax returns seeking refunds totaling more than $5 million, by using stolen identity information of individuals in Puerto Rico. Ramos fled the United States and failed to report to federal prison after the sentencing. She is awaiting sentencing on charges of obstruction of justice and failure to report and faces additional jail time and fines.
In addition to prosecuting tax evaders and fraudulent tax return preparers, our office also investigates and prosecutes individuals who steal taxpayers’ identities to file fraudulent tax returns. Examples include:
Cara Michelle Banks, Carmichael Cornilus Hill, and Priscilla Lydia Turner conspired with Senita Dill and Ronald Jeremy Knowles, and others, to file false federal and state tax returns using stolen personal identifying information. From 2009 to 2012, this conspiracy defrauded the United States Treasury of over $3.5 million. Banks, Hill, Turner and others stole personal identifying information and then provided it to Dill to file the false returns in exchange for payment. Dill and Knowles used stolen personal information to file over 1,000 false tax returns. Court records show that Hill provided approximately 26 percent of the stolen identifications used to file the fraudulent returns. In 2016, Banks and Hill were sentenced to 70 months and 75 months in prison, respectively. In November 2016, Turner pleaded guilty to aggravated identity theft and is currently awaiting sentencing. Senita Dill was sentenced to 324 months and Knowles to 70 in prison for their roles in the conspiracy.
EMPLOYMENT TAX FRAUD
Our office further investigates the abuse of employment tax fraud such as:
Frank Alton Moody, II, 57, of Arden, the co-founder and former Chairman of the Board of CenterCede Services, Inc., a payroll services company, was ordered to serve 30 months in prison, two years in supervised release, and to pay $2,146,380.97 as restitution, for conspiring to steal over $2 million from client companies. Moody’s co-conspirators, Jerry Wayne Overcash and John Bernard Thigpen, were previously sentenced to 46 months and 21 months in prison, respectively. The three men used the more than $2 million they stole from client companies to fund their exorbitant salaries. Overcash and Thigpen were also ordered to jointly pay $1.3 million as restitution to the victim client companies.
Federal penalties for each count of conviction of tax crimes range from a maximum of one year in prison and a $100,000 fine for failure to file a tax return, false withholding exemptions, and delivering or disclosing false tax documents, to a maximum of 10 years in prison and a $250,000 fine for conspiracy to defraud with respect to false refund claims. Other penalties include a mandatory term of two years in prison and a $250,000 fine for aggravated identity theft charges, three years in prison and a $250,000 fine for obstructing or impeding an investigation and filing or preparing a false tax return, and a maximum of five years in prison and a $250,000 fine for tax evasion, failure to pay taxes, conspiracy to commit a tax offense or conspiracy to defraud.
The U.S. Attorney’s Office and the IRS remind tax payers to exercise caution during tax season to protect themselves against a wide range of tax schemes ranging from identity theft to return preparer fraud. Illegal scams can lead to significant penalties and interest and possible criminal prosecution. IRS Criminal Investigation works closely with the Department of Justice to shutdown scams and to prosecute the criminals behind them. The IRS has issued its annual “Dirty Dozen” which lists common tax scams that taxpayers may encounter, particularly during filing season. Taxpayers are urged look out for, and to avoid, the following common schemes:
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Phishing
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Phone Scams
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Identity Theft
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Return Preparer Fraud
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Fake Charities
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Inflated Refund Claims
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Excessive Claims for Business Credits
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Falsely Padding Deductions on Returns
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Falsifying Income To Claim Credits
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Abusive Tax Shelters
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Frivolous Tax Arguments
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Offshore Tax Avoidance
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Education is the best way to avoid these common schemes. To learn more about the Dirty Dozen scams and for help with recognizing and avoiding abusive tax schemes, the IRS offers educational material at www.irs.gov. Suspected tax fraud can be reported to the IRS using Form 3949-A found on the IRS.gov website.
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Federal Monitor finds Seattle Police Department in Initial Compliance with Use of Force Requirements of Consent DecreeRead the Press Release
SEATTLE – A comprehensive assessment of the Seattle Police Department’s (SPD) uses of force from July 2014, through October 2016, has found SPD in initial compliance with requirements of the Court-ordered agreement with the Department of Justice (DOJ). Federal Monitor Merrick Bobb filed the formal assessment with the U.S. District Court today and concluded that the finding of initial compliance with the use of force provisions of the consent decree “represents a singular and foundational milestone on SPD’s road to full and effective compliance – and represents Seattle crystallizing into a model of policing for the 21st century.”
Monitor – working closely with DOJ and a team of other enforcement experts – reviewed data relating to SPD’s use of force for a two-and-a-half-year period and found that officers are effectively implementing SPD’s revised use of force policies. assessment concludes: “In the vast majority of instances, officer force appeared necessary, proportional, and objectively reasonable under the circumstances – with a number of incidents featuring superior examples of officers strategically de-escalating situations in order to minimize the nature of the threat while potentially mitigating the severity of force that needed to be used.” Notably, the Monitor found that these improvements in officers’ use of force did not result in more officer injuries or an increase in crime.
“This positive assessment is a credit to the men and women of SPD, from line officers to command staff. They have embraced reform, made it their own, and fundamentally changed what is happening on the streets of Seattle,” said Annette L. Hayes, U.S. Attorney for the Western District of Washington. “The findings demonstrate that rigorous policies are in place, high-quality training and supervision have been implemented, proper reporting and investigation is happening, and appropriate levels of force are being used. Also important, police experts found that because SPD is collecting data on uses of force, SPD is able to critically analyze and address issues as they come up. SPD has reached a major milestone in its reform efforts. I commend city leaders for making reform meet city needs including officers and diverse communities alike.”
The assessment examined three interrelated areas of officer activity, aggregated trends of when force is used, and an in-depth analysis of those incidents in which officers deployed force. The Monitor divided the data from the 28 months into two time periods to analyze trends and make comparisons. Among the important findings are:
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SPD officers used less force, and less significant types of force:
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Overall use of force rates are down – both over the past 28 months and compared to the DOJ investigation period of 2009-2011;
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Less-lethal instruments are used infrequently – with baton use dramatically declining from the time period before and during DOJ’s investigation;
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Low-level, type I force incidents spiked initially and continue to make up a large portion of all force used, but even that level of force has trended downward recently;
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The typical SPD officer uses force very infrequently, and while a small group of officers use force more frequently than their peers, they do not use different, or more serious force, than SPD officers who used force less.
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Force has gone down without officer injuries going up.
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Force has gone down without crime going up, demonstrating that constitutional policing does not require sacrificing public safety.
As determined by the Monitoring Team’s law enforcement and other experts, officer force is systemically consistent with the law and the heightened requirements of SPD policy. Specifically, the Monitor found that officers used force that was consistent with SPD policy, necessary under the circumstances, and proportional and reasonable more than 99 percent of the time. Officers also complied with the duty to de-escalate in 99 percent of cases where that duty was applicable. For intermediate-level Type II and serious Type III force from the more-recent 14-month period, which is analogous to the moderate and serious uses of force identified and analyzed in the 2011 DOJ investigation, nearly 96 percent of force incidents were consistent with SPD policy.
The Monitoring Team found no cases in which an officer used force to address someone who was only verbally confrontational, nor did officers use inappropriate force on handcuffed and restrained individuals. Critically, in the small number of cases in which the force used was found to be unnecessary, disproportional, or unreasonable – or there was a failure to de-escalate consistent with SPD policies – the Monitor found that most of the time entities and structures within SPD identified the problem. As a result, the Monitor concluded that “when an officer performs in manner contrary to SPD’s use of force policy, the Department is able to catch and correct the error.”
In contrast, in 2011, DOJ found that SPD officers used force “in an unconstitutional manner” at an unacceptable rate; “too quickly resort[ed] to the use of impact weapons” such as batons; too frequently “escalate[d] situations and use[d] unnecessary or excessive force when arresting individuals for minor offenses,” especially individuals experiencing a behavioral crisis, rather than de-escalating situations; and too frequently used excessive force against individuals who “talk-back” but otherwise pose no physical danger, such as individuals who are already restrained by handcuffs. DOJ concluded that systemic and structural deficiencies, including inadequate policies and training, especially relating to force weapons and de-escalation techniques, were the root causes of the problems identified in its investigation. The Monitor concludes in his assessment that “many of the issues identified in the DOJ’s investigation with respect to the application of force have been eliminated or, otherwise, substantially eliminated” through SPD’s efforts.
The Monitor did find racial disparities in the population against whom force was used, but found no statistically significant disparities with respect to the type or severity of force used. Under the Consent Decree, the City has committed itself to identifying and working to address unwarranted disparate impact, and those efforts will be the subject of a forthcoming assessment.
Previous assessments found SPD to be in initial compliance with requirements relating to crisis intervention, the Office of Professional Accountability, use of force reporting and investigation (including a recent follow-up assessment of Type II investigations), the Force Review Board, supervision, and the Early Intervention System. The Monitor also examined public confidence and community trust regarding SPD.
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Federal Jury Finds Greenville Man Guilty in Firearms Trial in AndersonRead the Press Release
Contact Person: Lance Crick (864) 282-2105
Columbia, South Carolina ---- United States Attorney Beth Drake announced today that a jury returned a guilty verdict following a two-day jury trial in federal court in Anderson, South Carolina, finding Carlton Tyrone Nash, age 37, of Greenville, guilty of possession by a firearm and ammunition by a felon. The trial wrapped up yesterday afternoon and was held before United States District Judge Timothy M. Cain of Anderson. Judge Cain will impose a sentence after he has reviewed the presentence report, which will be prepared by the U.S. Probation Office.
The government presented multiple witnesses during the course of the trial. Witness testimony and the evidence presented by the government at trial established that in the early morning hours of Tuesday, March 22, 2016, the defendant, Carlton Tyrone Nash, while wearing a Hillary Clinton mask, forced entry into a residence and fired a shot from the .25 caliber pistol he obtained earlier that day. The shot barely missed one of the residents of the house. Nash then dragged that resident from the home at gunpoint into the street where a fight ensued. While Nash and his initial victim were fighting, the victim’s roommate exited the house with a baseball bat, striking Nash in the head with the bat. After a blow to the head from the bat, Nash removed his now bloodied mask revealing his identity to the victims. Nash dropped the gun during the scuffle in the street and left his mask behind as he fled the scene.
After receiving a 911 call from the initial victim, members of the Greenville County Sheriff’s Office (GCSO) responded within minutes. A forensic technician from the Greenville County Forensic Division arrived shortly thereafter to process the scene and collect evidence. Experts from the Greenville County Forensics Division were able to match Nash’s DNA to the blood in the recovered mask. Based on their investigation, GCSO investigators were able to obtain an arrest warrant for Nash and arrested him just days after the offense.
Working in concert with GCSO through the multi-agency initiative “Operation Real Time”, Special Agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) served a federal arrest warrant on Nash shortly after his state arrest. Nash, after being advised of his Miranda rights, admitted to ATF agents that he had the mask and the gun. Nash has been detained since this incident and remains in custody.
Again, this case was expedited for federal investigation and prosecution through “Operation Real-Time.” The goal of this program is to identify individuals for federal prosecution with significant criminal histories who continue to actively possess firearms in the upstate community. In addition to the Greenville County Sheriff’s Office and the Bureau of Alcohol, Tobacco, and Firearms, Real Time’s core partners include the Greenville Police Department, the Anderson Police Department, the South Carolina Department of Probation, Parole, and Pardon Services, the South Carolina Highway Patrol, United States Probation, the Department of Homeland Security, the Federal Bureau of Investigation, the Drug Enforcement Administration, the 13th Circuit Solicitor’s Office, and the United States Attorney’s Office. Since August of 2015, the initiative has resulted in the expedited federal prosecution of some 90 defendants and seizure of over 125 firearms as well as assorted ammunition from prohibited persons.
Greenville County Sheriff Will Lewis and his office are crucial partners in this effort. "The Greenville County Sheriff's Office is committed to removing illegal weapons from violent offenders and are very glad to be a part of this program and will offer any assistance we can."
“ATF is extremely appreciative of our partners and this collaborative effort to make our communities safer,” said Charlotte Field Division’s Special Agent in Charge C.J. Hyman. “ATF has committed our resources to help tackle illegal firearms possession and violent crime. That commitment, combined with the cooperation of the Greenville County Sheriff’s Office and other local law enforcement agencies, our federal partners, the 13th Circuit Solicitor’s Office and the U.S. Attorney’s Office, has resulted in a very successful effort with a long-term impact on violent crime in the upstate and beyond.”
U.S. Attorney Beth Drake commended the partnership between the state and federal agencies that led to the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney’s Office adopting the case, “We work best when we work together. This ‘real time’ identification of high risk offenders is smart policing, and we welcome the opportunity to work alongside our state chiefs and sheriffs in taking violent repeat offenders out of our communities.”
The case was investigated by the Greenville County Sheriff’s Office, the Greenville County Forensic Division, the South Carolina Law Enforcement Division (SLED), and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Bill Watkins and First Assistant United States Attorney Lance Crick prosecuted the case.
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Federal Grand Jury Returns Multiple Indictments in Beaumont, TexasRead the Press Release
BEAUMONT, Texas –A federal grand jury returned multiple indictments this week charging individuals with separate federal crimes in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston.
Martin Gutierrez, 22, of Harlingen, Texas, was indicted on charges of assaulting a federal officer. If convicted, he faces up to eight years in federal prison. According to the indictment, in November 2016, while an inmate with the Bureau of Prisons, Gutierrez assaulted correctional officers on at least two separate occasions. This case is being investigated by the Federal Bureau of Prisons and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Jonathan Derick Hickey, 35, of Orange, Texas, was indicted on charges of possession with intent to distribute methamphetamine and being a felon in possession of a firearm. If convicted, he faces from 10 years to life in federal prison. According to the indictment, on Jan. 17, 2017, Hickey was arrested following a traffic stop during which officers discovered a large amount of methamphetamine and cash in his vehicle. This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Orange County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Terence Millsaps, 51, of New Orleans, LA, was indicted on charges of assaulting a federal officer. If convicted, he faces up to eight years in federal prison. According to the indictment, while an inmate with the Bureau of Prisons, Millsaps assaulted a correctional officer. This case is being investigated by the Federal Bureau of Prisons and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Eva Renee Powell, 50, of Vidor, Texas, was indicted on charges of bank robbery. If convicted, she faces up to 20 years in federal prison. According to the indictment, on May 30, 2016, Powell robbed the Capital One Bank in Orange, Texas. This case is being investigated by the Federal Burea of Investigation and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Enrique David Vanegas, 52, of El Salvador, was indicted for being a criminal alien present in the United States after having been previously deported. If convicted, he faces up to two years in federal prison to be followed by deportation. This case is being investigated by the HSI-ICE and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Fair Oaks Man Sentenced to Nearly 5 Years in Prison for Opening Bank Accounts Using IDs Stolen from U.S. MailRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Morrison C. England Jr. sentenced Trevor Kintaro Lichnock-Gembe, 29, of Fair Oaks, today to four years and 10 months in prison for bank fraud, aggravated identity theft, and unlawful possession of identification documents of others, United States Attorney Phillip A. Talbert announced.
According to court documents, between June 14, 2015, and June 1, 2016, Lichnock-Gembe and co-defendant Shellby L. Moore, 29, of Sacramento, stole mail and obtained other stolen property containing personal and financial information of victims from residential and vehicle burglaries in Placer County, Sacramento County, and El Dorado County. Lichnock-Gembe and Moore used stolen mail and victim identification and financial information to alter and manufacture checks that were cashed at the expense of local banks and credit unions. Lichnock-Gembe possessed over five different stolen victim identifications, and he and Moore opened bank accounts using the stolen personal and financial information in order to deposit stolen checks and withdraw cash. Lichnock-Gembe was arrested on June 1, 2016, while leaving a Sacramento apartment complex at which he had just stolen mail.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “Postal Inspectors worked closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those individuals responsible for thefts of mail and identity theft crimes committed against the public.”
This case is the product of an investigation of the United States Postal Inspection Service with assistance from the Sacramento County Sheriff’s Office. Assistant United States Attorney Michelle Rodriguez is prosecuting the case.
On March 13, 2017, Moore pleaded guilty to aggravated ID theft and using methamphetamine while in federal custody. She is scheduled for sentencing on June 8, 2017, before Judge England. Moore faces a maximum statutory penalty of five years in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
FBI Rocky Mountain Safe Streets Task Force and Douglas County Sheriff's Office Arrest Man for Bank RobberyRead the Press Release
DENVER – Clayton Emery Catlin, age 44, was arrested yesterday in Highlands Ranch without incident for bank robbery, Acting U.S. Attorney Bob Troyer and FBI Denver Division Special Agent in Charge Calvin Shivers announced. Catlin made his initial appearance before a Magistrate in U.S. District Court in Denver this afternoon where he was advised of his rights and the charges pending against him. Catlin is due back in court on April 11, 2017 at 10:00 a.m. for a detention hearing and preliminary hearing.
According to the facts outlined in the Criminal Complaint affidavit, on March 24, 2017, the defendant robbed the TCF Bank located at 7206 Federal Blvd in Westminster. Clayton was on federal probation for a bank robbery approximately one decade ago.
If convicted, the defendant faces not more than 20 years in federal prison, and up to a $250,000 fine.
The arrest was made by the FBI Rocky Mountain Safe Streets Task Force and the Douglas County Regional SWAT Team. The investigation was conducted by the FBI Rocky Mountain Safe Streets Task Force. The defendant is being prosecuted by Assistant U.S. Attorney Kurt Bohn.
A Criminal Complaint is a probable cause charging document. Anyone accused of committing a felony violation of federal law has a Constitutional right to be indicted by a grand jury. The charges in the Complaint are allegations, and the defendant is presumed innocent unless and until proven guilty.
Eufaula Man Sentenced to 30 Months, $544,000 Restitution for Wire FraudRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that CRAIG DUANE GREENLEE, age 34, of Eufaula, Oklahoma, was sentenced to 30 months imprisonment and 3 years of supervised release for WIRE FRAUD, in violation of Title 18, United States Code, Section 1343.
The Information alleged that beginning in or about 2012 and continuing through April 2016, within the Eastern District of Oklahoma and elsewhere, CRAIG DUANE GREENLEE, knowingly, and with the intent to defraud, devised and executed a scheme to defraud the victim by falsely representing that the victim could obtain a farm tractor and trailer. GREENLEE continued to use wire communications to defraud multiple victims of over $500,000.00. The court ordered restitution in the amount of $544,000.00 to be paid to the victims.
The charge arose from an investigation by the Federal Bureau of Investigation.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain out on bond until reporting to the designated Bureau of Prisons facility on May 9, 2017, at which the nonparoleable sentence will be served.
Acting United States Attorney Douglas A. Horn represented the United States.
El Departamento de Justicia Resuelve Una Denuncia de Discriminación Contra una Empresa de Asistencia en Carretera en el Estado de la FloridaRead the Press Release
WASHINGTON, D.C. – El Departamento de Justicia llegó a un acuerdo hoy con Brickell Financial Services Motor Club, Inc., cuyo nombre comercial es Road America Motor Club, Inc. («Road America»), con sede en Miami, Florida. El acuerdo resuelve la investigación que el Departamento llevó a cabo para determinar si la empresa había violado la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) al discriminar a inmigrantes con autorización para trabajar a la hora de verificar dicha autorización para trabajar.
El Departamento concluyó, con base en su investigación, que Road America había solicitado de forma rutinaria a residentes permanentes legales que mostraran su tarjeta de residencia permanente para demostrar su autorización para trabajar mientras que no pidieron documentos específicos a ciudadanos estadounidenses. En muchos casos los residentes permanentes legales y ciudadanos estadounidenses disponen de los mismos documentos de autorización para trabajar, y los residentes permanentes legales pueden elegir otros documentos aceptables aparte de su tarjeta de residencia permanente para demostrar que tienen autorización para trabajar. Más aún, la investigación reveló que Road America había obligado a empleados que son residentes permanentes legales a restablecer su autorización para trabajar al vencerse sus tarjetas de residencia permanente, aunque los reglamentos federales prohíben prácticas de esa clase. La disposición antidiscriminatoria de la INA prohíbe a los empleadores someter a sus empleados a requisitos documentales innecesarios por motivos de su ciudadanía o nacionalidad de origen.
«Al comprobar la autorización que sus empleados tienen para trabajar, los empleadores no deben imponer barreras innecesarias por motivos de la ciudadanía o nacionalidad de origen de tales individuos», afirmó el Fiscal General Auxiliar en funciones, Tom Wheeler, de la División de Derechos Civiles. «Los empleadores deben asegurarse de que están al tanto de sus responsabilidades y obligaciones legales para evitar la discriminación, y aplaudimos a Road America por comprometerse a hacerlo a través de este acuerdo.».
Conforme el acuerdo, Road America pagará sanciones civiles de $34.200 y pagará $1.044 para compensar a un trabajador que perdió salario a causa de las prácticas documentales injustas. Asimismo, Road America ha acordado publicar avisos para informarles a los trabajadores acerca de sus derechos bajo la disposición antidiscriminatoria de la INA, capacitar a su personal de recursos humanos y someterse a los requisitos de supervisión del Departamento.
La Sección de Derechos de Inmigrantes y Empleados (IER, por sus siglas en inglés), que anteriormente se conocía como la Oficina del Consejero Especial para Prácticas Injustas en el Empleo Relacionadas con la Inmigración, que pertenece a la División, es responsable de aplicar la disposición antidiscriminatoria de la INA. Entre otras cosas, esta ley prohíbe la discriminación por motivos de estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión; la discriminación en el proceso de verificación de la elegibilidad para trabajar; las represalias y la intimidación.
Para más información sobre protecciones contra la discriminación en el empleo en virtud de las leyes migratorias, llame a la línea directa de la IER para trabajadores al 1 800 255-7688 (1 800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); matricúlese para un seminario en línea gratuito; mande un correo electrónico a [email protected] o visite la página web de la IER en inglés o español.
Aquellos postulantes o empleados que creen haber sido sometidos a otros requisitos documentales por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen, o a la discriminación por motivos de su estatus migratorio, ciudadanía o nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión deben llamar a la línea directa de la IER para trabajadores para pedir ayuda.
SETTLEMENT AGREEMENT
Durham Men Sentenced to Decades in Prison for Home Invasion Robbery and ShootingRead the Press Release
RALEIGH – United States Attorney John Stuart Bruce announced that yesterday in federal court, Chief United States District Judge James C. Dever, III, sentenced two Durham men, JAMES STEPHEN THORPE, 25, to 480 months imprisonment followed by 5 years of supervised release and JOSHUA RAYSHAWN MELVIN, 23, to 444 months imprisonment, followed by 5 years of supervised release. The defendants were found guilty following a jury trial before Chief Judge James C. Dever, III, of Conspiracy to Interfere With Commerce by Robbery, Interfering with Commerce by Robbery, and Discharging a Firearm During and in Relation to a Crime of Violence.
THORPE and MELVIN, along with two co-conspirators Jahid Preston Diggs and Ervin Montez Alston, Jr., were indicted by a federal grand jury on March 16, 2016. Diggs and Alston were previously sentenced for their role in these crimes. Diggs was sentenced to 180 months imprisonment and Austin to 192 months imprisonment.
Evidence presented at trial established that THORPE, MELVIN, and others conspired to rob one of the victims of the proceeds of a local nightclub, for which the victim was a promoter. The defendants affixed a GPS tracking device to the victim’s vehicle in an effort to track his whereabouts and to determine the location of his residence.
On or about March 16, 2015, THORPE, MELVIN, and others traveled to the victim’s Morrisville residence and conducted a violent home-invasion robbery. Multiple victims were present during the robbery, including a female child and her mother. The child was pulled from her mother’s arms, forced into a bedroom, and threatened to be drowned as the robbers demanded money from the other victims. When an adult female victim attempted to intervene, she was beaten and forced to the ground. The intended target of the robbery was shot before jumping to the ground from a second story balcony. The defendants then led police on a car chase as they fled.
U.S. Attorney Bruce stated: “Attorney General Sessions has directed that U.S. Attorneys’ Offices step up their work, in partnership with state and local law enforcement, on effective strategies to reduce violent crime. This includes federal prosecution of persons responsible for significant violent crimes in our respective districts. This case is an excellent example of how this strategy can work.”
The case was investigated by the Federal Bureau of Investigation’s Raleigh Durham Safe Streets Task Force, the Morrisville Police Department, and the Durham County Sheriff’s Office.
Department of Justice Compensates Victims of State Sponsored TerrorismRead the Press Release
In honor of National Crime Victims’ Rights Week, Acting Assistant Attorney General for the Criminal Division Kenneth A. Blanco announced today that the Criminal Division has made payments totaling more than $800 million from the U.S. Victims of State Sponsored Terrorism Fund (the Fund) to compensate thousands of U.S. victims of international acts of terrorism by state sponsors of terrorism. These individuals, many of whom have been waiting years for compensation, include the Iran hostages held from 1979 to 1981 and their spouses and children, and victims of the embassy bombings in Kenya and Tanzania, the attack on the U.S.S. Cole, and other international terrorist incidents. The more than $800 million in payments have been issued to victims, their family members and survivors. The Fund will continue making payments in the coming weeks that will bring the total to over $1 billion.
The Fund was established by legislation in 2015 and is administered by the Money Laundering and Asset Recovery Section in the Criminal Division. Congress authorized the department to deposit certain forfeiture proceeds, penalties and fines into the Fund if they come from civil and criminal matters involving prohibited transactions with state sponsors of terrorism. Originally, Congress provided $1.025 billion for payments to victims, and recent Justice Department prosecutions and U.S. government enforcement actions have increased the total available for initial payments to more than $1.1 billion.
On May 17, 2016, the Attorney General appointed Kenneth R. Feinberg, Esq., as the Special Master to administer the Fund with the assistance of the Money Laundering and Asset Recovery Section, Criminal Division. The Special Master rendered 2,332 eligibility decisions by December 2016, and in February 2017, the department informed all eligible claimants of their initial payment amounts.
“The Criminal Division aggressively prosecutes terrorist financiers and others who abuse the U.S. financial system to commit crimes, and uses all available tools, including civil and criminal forfeiture, to seize their assets and illicit funds,” said Acting Assistant Attorney General Blanco. “Through this program, we will continue to be resolute in our commitment to victims of state sponsored terrorism and aggressively search for illicit funds and assets to compensate them for their losses. I am so proud of the wonderful work done by the Criminal Division and Special Master to vindicate the rights of these victims.”
According to the Special Master, “[s]ince the Act’s enactment in December 2015, the Department of Justice team administering the Fund has been extremely busy. The team worked expeditiously to set up the compensation program by publishing its Federal Register notice and establishing a claims processing system, adjudicating all claims and issuing eligibility decisions and award payments to innocent victims of state-sponsored terrorism who have been waiting a long time for justice. I am very pleased with the accomplishments of the entire Fund team, who undertook their work in meeting statutory deadlines with deep commitment and compassion for those whose lives were forever changed by events of international terrorism. With this strong foundation, I know the Fund team will continue to work hard and carry out its mission in the upcoming years.”
The Fund continues to accept applications and to collect deposits for future payments as authorized by the Act for the ten-year life of the Fund. Victims and their family members can be assured that their claims will be processed promptly, fairly and transparently. More information about the Fund’s compensation to victims of state sponsored terrorism is available on the Fund’s website at www.usvsst.com, such as application materials, frequently asked questions (FAQs) and publications including the Federal Register notice and a report to Congress. Further questions may be directed to the Criminal Division’s Money Laundering and Asset Recovery Section.
Every year in April, the Justice Department’s Office for Victims of Crime (OVC) helps lead communities throughout the country in their annual observances of National Crime Victims' Rights Week (NCVRW), which runs from April 2–8, 2017. This year’s theme – Strength. Resilience. Justice. – reflects a vision for the future in which all victims are strengthened by the response they receive, organizations are resilient in response to challenges and communities are able to seek collective justice and healing. Further information on this event can be found on the Office of Justice Programs’ website at https://ovc.ncjrs.gov/ncvrw2017/.
Dallas County Man Who Fired Numerous Shots at Officer with Ennis Police Department During a High Speed Pursuit Sentenced to 480 Months in Federal PrisonRead the Press Release
DALLAS — A Lancaster, Texas, Man, Javier Martinez, 24, was sentenced today before U.S. District Judge Jane J. Boyle to 480 months in federal prison for his involvement in an attempted kidnapping and then subsequently firing numerous shots at an officer with the Ennis Police Department during a high-speed pursuit, announced U.S. Attorney John Parker of the Northern District of Texas.
In October 2016, Martinez pleaded guilty to one count each of conspiracy to commit kidnapping; possession with intent to distribute cocaine; possession with intent to distribute heroin; using, carrying, and brandishing a firearm during or in relation to a crime of violence; and possession of a firearm in furtherance of a drug trafficking crime. Martinez has been in custody since the time of his arrest in September 2016.
Co-defendants Jose Cardenas Aguirre, 25, and Maria Guadalupe Bello, 22, were sentenced in March 2017. Aguirre was sentenced to 324 months in federal prison. Bello was sentenced to 18 months in federal prison. Co-defendants Melissa Trevino, 23, and Indolfo Martinez, 47, who is Javier Martinez’s father, have pleaded guilty to their roles in the kidnapping, cocaine and heroin distribution, and/or firearm offenses and are awaiting sentencing later this month. One remaining defendant charged in the case, Jonathan Benitez, remains a fugitive.
“The sentences in these cases reflect the horrific and stunningly brazen nature of these crimes,” said US Attorney Parker. “Extremely violent criminals like these will continue to be a high priority for my office.”
According to documents filed in the case, on July 12, 2016, Martinez, along with Aguirre and Trevino, planned to kidnap another individual because of an unpaid drug debt involving cocaine. During the planned kidnapping, Martinez and Aguirre wore ballistic vests and black camouflage clothing. The kidnapping was unsuccessful, and as Martinez, Aguirre, and Trevino fled the scene, they were engaged in a high-speed chase with officers with the Ennis Police Department. During this pursuit, Martinez, using an AR-156 style rifle, fired numerous shots at a police officer. Martinez led, supervised, and organized this planned kidnapping.
Between December 2015, and continuing to July 2016, Martinez conspired to possess with intent to distribute cocaine and heroin. On February 5, 2016, Martinez possessed a firearm in furtherance of these drug trafficking crimes.
In addition, according to the factual resume, on January 7, 2016, Martinez sold another individual one ounce of heroin and offered to sell that same individual one kilogram of heroin for $40,000. During that same conversation, Martinez offered to sell the same individual an AK-47 for $7,000 and an AR-15 rifle for $1,500. On April 11, 2016, Martinez sold three ounces of heroin and two AR-15’s to another individual; these drug and gun sales took place at his residence.
The case was investigated by the Ennis Police Department and the FBI’s Violent Gang Taskforce. Assistant U.S. Attorney P.J. Meitl prosecuted.
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Cyber Criminal Pleads Guilty to Involvement in Long-Running Fraud Scheme Using Overseas Call CentersRead the Press Release
Earlier today, Hani Kabbara pleaded guilty to conspiracy to commit wire fraud. The plea was entered before United States Magistrate Judge Steven M. Gold at the federal courthouse in Brooklyn.
The guilty plea was announced by Bridget M. Rohde, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office (FBI).
“In this 21st century version of an age-old scam, Kabbara conned unwitting victims, many of them elderly, into sending hundreds of thousands of dollars to himself and his co-conspirators,” stated Acting United States Attorney Rohde. “This Office is committed to protecting innocent victims targeted by predators like Kabbara who operate in cyberspace.”
“Kabbara preyed on well-intentioned victims, many who were in the U.S. and elderly, when he used a telephone scheme to extort them under the guise a loved one had been arrested and the victim needed to send money in order for the grandchild to be released from jail,” stated FBI Assistant Director in Charge Sweeney. “He masterminded his schemes from what he thought was the safety of his home in Canada, hiding behind encrypted chats and online monikers. Facing up to 20 years in prison puts an end to his calculating, criminal ways. This case again showcases the commitment of the FBI’s Cyber Task Force to investigate those involved in cybercrime and bring them to justice, no matter where in the world they may reside.”
Between February 2014 and August 2016, Kabbara, also known as “The Mayor,” ran a sophisticated scheme that used overseas call centers to extort money from unsuspecting victims, many of them elderly, in the United States. Kabbara and his co-conspirators used various threats and deceit, for example telling the victim that a grandchild had been arrested and the victim needed to send money in order for the grandchild to be released from jail. Kabbara and the co-conspirators demanded payment from his victims in the form of MoneyPaks, which are vouchers that can be loaded with cash and then used to fund prepaid debit cards. The defendant sold the MoneyPaks in online criminal forums or, with his co-conspirators, transferred the funds onto prepaid debit cards that had been obtained using stolen identities. The defendant and his co-conspirators, who communicated with each other anonymously in cyberspace through dark web forums and encrypted chat applications, then used a crew of workers in and around the New York area to withdraw funds from the debit cards, consolidate the cash and send it back to the defendant in Canada.
When he is sentenced by United States District Judge Margo K. Brodie on July 6, 2017, Kabbara faces up to 20 years in prison, as well as criminal forfeiture and fines.
The government’s case is being handled by the Office’s National Security & Cybercrime Section. Assistant United States Attorney Una A. Dean is in charge of the prosecution.
The Defendant:
HANI KABBARA
Age: 32
Quebec, Canada
E.D.N.Y. Docket No. 16-CR-472
Crime Victims, Survivors, Good Samaritans and Community Members Honored at Event Marking National Crime Victims' Rights WeekRead the Press Release
WASHINGTON - U.S. Attorney Channing D. Phillips and the Victim Witness Assistance Unit of the U.S. Attorney’s Office for the District of Columbia paid tribute today to crime victims, their families, witnesses, community members, and Good Samaritans for their bravery, compassion, and dedication to the pursuit of justice.
The honorees were recognized by the U.S. Attorney’s Office during an event at the Ceremonial Courtroom of the District of Columbia Court of Appeals. The ceremony was timed with the annual observance of National Crime Victims’ Rights Week. This year’s national theme, “Strength, Resilience, Justice,” reflects a vision for the future in which victims grow stronger from the response they receive, organizations show resilience in response to challenges, and communities are able to seek collective justice and healing.
“All of us are inspired by the strength and resilience shown by victims and witnesses in their pursuit for justice,” said U.S. Attorney Phillips. “The people being honored today include men, women, and children who have shown incredible courage and perseverance throughout the criminal justice process. They represent the remarkable commitment that we see every day from victims, witnesses, and the members of the community who respond to their needs.”
The featured speakers were Gerfa Lunsmann and her son, Kevin, of Virginia, who were kidnapped by armed gunmen in July of 2011 from a beach cottage where they were vacationing in the Philippines. The kidnappers forced Ms. Lunsmann and Kevin, then 14, into a boat and took them to another island, where they held them for ransom and threatened them with death. Throughout the ordeal, in the United States, Heiko Lunsmann worked with law enforcement in hopes of getting his wife and son back home safely.
The kidnappers held Ms. Lunsmann for 82 days before her release. Kevin remained a hostage until he managed to escape after a total of 151 days in captivity. As he described it in his remarks today, “Every day was just a struggle to survive.” Both talked about the physical, mental and emotional traumas they suffered and the power of resilience and recovery.
In addition to the Lunsmann family, the U.S. Attorney’s Office today honored other individual victims, survivors, and Good Samaritans whose efforts furthered the cause of justice. For example, the honorees included a robbery victim whose powerful statement at sentencing brought one of his assailants to tears; a child who witnessed his mother’s murder and advocated on her behalf throughout the court process, and three citizens who came to a woman’s rescue as she was about to be raped on a weekday morning in downtown Washington.
The honorees also included an off-duty police officer from Georgia who stepped into action after he saw someone robbing a homeless man in July 2014 near an abandoned building at Fourth and G Streets NW. The officer, who was in town for the week, flagged down police officers, provided comfort to the victim, and positively identified the assailant, who was in possession of the victim’s coins. The officer returned to the District of Columbia to be a witness at the defendant’s trial. Once the defendant saw him in the courtroom, he pled guilty to the crime; he later was sentenced to three years in prison.
The U.S. Attorney’s Office also paid special recognition to two interpreters who assist victims and witnesses, as well as two people who help child victims with the challenges of going back to school after undergoing a trauma.
Today’s event was developed and organized by the Victim Witness Assistance Unit of the U.S. Attorney’s Office. Members of the Unit provide essential services and support to victims and witnesses, such as making referrals for counseling and other services, addressing safety concerns, arranging travel, and accompanying victims to court proceedings. The Unit also notifies victims of their rights and provides information regarding significant case events, such as the filing of charges, plea hearings, trials and sentencing hearings.
Additional information about the Victim Witness Assistance Unit is available at https://www.justice.gov/usao-dc/victim-witness-assistance
Further information about National Crime Victims’ Rights Week is available at http://ovc.ncjrs.gov/ncvrw/.
Coral Gables Woman Sentenced for Skimming Social Security and Medicaid Benefits from Mentally Ill and Elderly BeneficiariesRead the Press Release
Tampa, FL – U.S. District Judge Mary S. Scriven has sentenced Ilfrenise Charlemagne (68, Coral Gables) to 33 months in federal prison for wire fraud. She pleaded guilty on November 8, 2016.
According to court documents, starting in 2008, Charlemagne owned and operated Hilcrest Residential ALF, an assisted living facility in St. Petersburg for the aged and mentally ill. The majority of the funds used to operate Hilcrest came from the Medicaid and Social Security benefits of the residents. In May 2011, the Florida Agency for Health Care Administration (AHCA) forcibly closed Hilcrest after determining that the facility was heavily infested with bedbugs and roaches; that residents were found to be unkempt with evidence of confusion and disassociation; that residents were hungry and underfed; that Charlemagne failed to provide residents with a safe and sanitary living environment; and that residents were at risk of serious injury and major health problems. In October 2011, Charlemagne entered into a settlement agreement with AHCA promising not to own or operate an ALF for a period of five years.
That same month, Charlemagne changed Hilcrest’s name to Pleasant Alternative and began the process of reopening. She applied to AHCA for a license to operate an ALF using the identity of a straw owner. In 2012, Charlemagne reopened the ALF at the same location and again began housing Medicaid and Social Security beneficiaries who were primarily mentally ill adults. By April 2013, AHCA again shut down the facility, finding that was no heat or air conditioning; that residents weren’t provided with adequate medication or food; that rodents, vermin, and debris were found throughout the facility; and that the facility posed a serious and immediate danger to the residents and the public. During her time operating the ALFs, Charlemagne diverted the more than $1 million in government benefits intended for the care and housing of her residents. She used some of the monies for her own personal use, including cash withdrawals, credit card payments, car payments, and rent, among other things.
This case was investigated by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services - Office of Inspector General, the State of Florida Medicaid Fraud Control Unit, and the Social Security Administration - Office of the Inspector General. It was prosecuted by Assistant United States Attorneys Mandy Riedel and Megan Kistler.
Colbert County Man Sentenced to Eight Years in Prison for Shipping Meth via U.S. MailRead the Press Release
BIRMINGHAM – A federal judge today sentenced a Colbert County man to more than eight years in prison for drug distribution that included an attempt to ship methamphetamine from Los Angeles to the Colbert County town of Leighton using the U.S. Mail, announced Acting U.S. Attorney Robert O. Posey and U.S. Postal Inspection Service Inspector in Charge Adrian Gonzalez.
U.S. District Court Judge Abdul K. Kallon sentenced VENNIS MINOSA OATES Jr., 33, of Leighton, to eight years and four months in prison, followed by three years of supervised release. Oates is already in custody. Oates pleaded guilty in January to one count of conspiracy to distribute and possession with intent to distribute methamphetamine, and one count of attempted possession with intent to distribute methamphetamine.
A second Colbert County man, KEELAN SHUNTEZ ROBINSON, 23, of Muscle Shoals, pleaded guilty in October to conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine. Judge Kallon sentenced Robinson in January to 1½ years in prison.
Oates and Robinson both were arrested in Leighton in January 2016 after they arrived at the U.S. Post Office there to pick up a suspicious package. Oates drove Robinson to the post office and waited in the car while Robinson went inside to get the package, according to Oates’ plea.
U.S. postal inspectors and members of the Colbert County Drug Task Force and the Alabama Law Enforcement Agency were monitoring retrieval of the package after a resident at the address listed on the parcel initially refused its delivery. The resident said no one named Jeff Hawkins, the package’s listed recipient, lived at the Marthaler Lane address.
After the refused delivery, a postal inspector determined that neither the sender’s name nor the recipient’s name could be associated with either the California shipping address or the Leighton delivery address, and someone identifying himself as “Jeremy” began calling the Leighton Post Office inquiring about picking up the package, according to Oates’ plea.
Following Oates’ and Robinson’s arrests, police obtained a search warrant to open the package. It contained about a pound of methamphetamine and about two pounds of marijuana. Postal inspectors subsequently analyzed inbound and outbound packages with destination addresses similar to the Leighton methamphetamine package and identified 14 inbound and two outbound packages, according to court documents. Oates packaged large amounts of cash and shipped it to California to pay for the illegal drugs, according to his plea.
The Postal Inspection Service, Colbert County Drug Task Force and the ALEA State Bureau of Investigation investigated the case, which Assistant U.S. Attorney Brad Felton prosecuted.
Chesapeake Man Sentenced for Role in Drug Trafficking ConspiracyRead the Press Release
NORFOLK, Va. – A Chesapeake man who arranged cocaine deals for a Honduran cocaine trafficker was sentenced today to four years in prison.
Joseph Jesus Grullon, 26, of Chesapeake, pleaded guilty on January 6. According to court documents, in 2014, Grullon resided in Chesapeake with his mother, Janette Elena Cruz Miller, and her boyfriend, German Alvarado Ponce, the leader of a drug trafficking organization that distributed multi-kilogram quantities of cocaine in the South Hampton Roads area of Virginia. Ponce, a native of Honduras who was in the United States illegally, did not speak English. Grullon assisted Ponce by making phone calls to Ponce’s English speaking drug customers and arranging drug transactions. On July 15, 2014, law enforcement learned Grullon had arranged a sale of 4.5 kilograms of cocaine with one of Ponce’s customers, Kenneth Bell, of Portsmouth. After the transaction was completed, law enforcement searched Bell’s residence and seized approximately 3.6 kilograms of powder cocaine, 394 grams of cocaine base and approximately $194,000 in cash. See table below for information on the co-defendants in this case.
Name
Date of Guilty Plea
Date of Sentencing
Sentence
Janette Elena Cruz Miller
March 16, 2015
June 24, 2015
18 months
German Alvarado Ponce
March 6, 2015
June 2, 2015
240 months
Kenneth Bell
Feb. 11, 2015
Aug. 6, 2015
120 months
Joseph Jesus Grullon
Jan. 6, 2017
Today
48 months
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; Karl C. Colder, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; Col. K.L. Wright, Chesapeake Chief of Police; and Tonya D. Chapman, Chief of Portsmouth Police Department, made the announcement after sentencing by U.S. District Judge Raymond A. Jackson. Assistant U.S. Attorney Darryl J. Mitchell prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information is located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:16-cr-101.
Chalmette Man Pleads Guilty to Federal Firearm ChargesRead the Press Release
Acting U.S. Attorney Duane A. Evans announced today that KERMERIC JOHNSON, age 33, of Chalmette, pled guilty to conspiracy to possess a firearm in furtherance of a drug trafficking crime and possession of a firearm in furtherance of a drug trafficking crime.
According to court documents, in October 2015, JOHNSON received a jail phone call from a local heroin dealer and co-conspirator, KEITH FOSTER. FOSTER informed JOHNSON that a confidential informant had caused him and a second co-conspirator to be arrested. FOSTER then told JOHNSON where to locate a firearm and instructed JOHNSON to “take care” of the informant. JOHNSON agreed to do so and, in subsequent jail calls, stated that he was attempting to locate the informant.
On October 29, 2015, St. Bernard Parish Sheriff’s Office deputies surveilled JOHNSON’s residence, and observed JOHNSON and an unknown male, exit the residence. Deputies observed JOHNSON carrying two items, one wrapped in a blue shirt, and the other in a red blanket. JOHNSON placed both items inside the trunk of a vehicle before he and the other male drove away. Deputies conducted a traffic stop and obtained a search warrant for the vehicle. In the trunk of the vehicle, deputies found a Smith and Wesson, 9mm caliber semi-automatic handgun wrapped in the shirt and a Marlin Model Glenfield 65, .22 caliber rifle, wrapped in the blanket.
JOHNSON faces a possible maximum sentence of twenty-five years imprisonment, and/or a fine of $250,000, and up to five years of supervised release. U.S. District Judge Lance M. Africk set sentencing for June 29, 2017.
Acting U.S. Attorney Evans praised the work of the ATF New Orleans Division Office and the St. Bernard Sheriff’s Office for investigating this matter. Assistant U.S. Attorney Nolan D. Paige is in charge of the prosecution.
Centre Hall Woman Sentenced for Conspiring to Manufacture and Sell ExplosivesRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on April 5, 2017, United States District Judge Malachy E. Mannion sentenced Christina Woodring, age 35, of Centre Hall, Pennsylvania, to two years of probation, including an eight-month term of home confinement, for conspiring to manufacture and distribute explosives.
According to United States Attorney Bruce D. Brandler, Christina Woodring pleaded guilty to conspiring with her husband, James Woodring, to purchase and transport commercial grade fireworks, to increase the fireworks’ power and volatility, and to sell them, all without a license to do so. The conspiracy lasted from May 1 through 18, 2016, when an explosion occurred at the couple’s Centre Hall residence.
James Woodring, who is awaiting sentencing, pleaded guilty to one count of manufacturing explosives, and to one count of being a felon in possession of firearms. James Woodring was charged with possessing a stolen semi-automatic pistol, a shotgun, a semiautomatic, large-capacity rifle and a rifle. As a previously convicted felon, Woodring is prohibited from possessing the firearms.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Pennsylvania State Police, the Centre Hall Police Department, and the Springettsbury Township Police Department. Assistant United States Attorney Phillip J. Caraballo is prosecuting the case.
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California Man Pleads Guilty to Federal Meth Trafficking Charge in New MexicoRead the Press Release
ALBUQUERQUE – Fermin Artiaga, 36, of Perris, Calif., pled guilty today in federal court in Albuquerque, N.M., to a methamphetamine trafficking charge. The plea agreement includes a recommendation that Artiaga be sentenced to 114 months of imprisonment followed by a term of supervised release to be determined by the court.
Artiaga was arrested in Aug. 2015, and was charged by a criminal complaint with a methamphetamine trafficking offense after the DEA seized approximately 1.95 kilograms (4.29 pounds) of methamphetamine during an interdiction investigation at the Amtrak Train Station in Albuquerque. The methamphetamine was concealed in four bundles inside Artiaga’s suitcase. Artiaga was indicted on Sept. 10, 2015, and was charged with possession of methamphetamine with intent to distribute.
During today’s proceedings, Artiaga pled guilty to a felony information charging him with possession of methamphetamine with intent to distribute. In entering the guilty plea, Artiaga admitted that on Aug. 22, 2015, he transported four bundles of methamphetamine weighing an aggregate of 1758 grams in a suitcase into New Mexico on an Amtrak train. Artiaga remains in custody pending a sentencing hearing, which has yet to be scheduled.
This case was investigated by the Albuquerque office of the DEA and is being prosecuted by Assistant U.S. Attorney Presiliano Torrez.
Brothers Sentenced in Chinle-Area HomicideRead the Press Release
PHOENIX – This week, Mike Haudley, 65, of Logan, Utah, was sentenced by U.S. District Judge John J. Tuchi to 98 months of imprisonment, to be followed by three years of supervised release. Haudley had previously pleaded guilty to voluntary manslaughter.
Haudley’s brother, Benjamin Haudley, 63, of Nazlini, Ariz., was previously sentenced by Judge Tuchi to 13 months of imprisonment, to be followed by one year of supervised release, after he previously pleaded guilty to misprision of a felony.
On Oct. 9, 2015, Mike Haudley stabbed and killed the victim at the victim’s home on the Navajo Nation. Afterwards, Benjamin Haudley helped Mike Haudley conceal the victim’s body. Mike Haudley and Benjamin Haudley are both enrolled members of the Navajo Nation, as was the victim.
The investigation in this case was conducted by the Federal Bureau of Investigation and the Navajo Nation Department of Public Safety. The prosecution was handled by Assistant U.S. Attorney Alexander Samuels, District of Arizona, Phoenix.
CASE NUMBER: CR-16-8067-PCT-JJT
RELEASE NUMBER: 2017-028_Haudley
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
Bronx, New York Man Charged with Supplying over 100 Grams of Heroin and 28 Grams of Crack Cocaine for Distribution in VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury returned a Second Superseding Indictment charging eight defendants with conspiracy to distribute controlled substances, including Andre Terrell, aka “Buzzo,” of Bronx, New York. The indictment alleges that Terrell conspired with Evan Harris, aka “Red,” William Harris, aka “G,” Troy Washington, Sara Munger, aka “Big Sara,” John Finn, aka “Pops,” Jeffrey Lacroix, and Gregory Wright to distribute cocaine base and heroin in Vermont from February of 2015 to August 25, 2016.
According to Court documents, the United States alleges that during the conspiracy, Evan Harris, Troy Washington, William Harris, and others distributed controlled substances in Chittenden County, Vermont. Evan Harris would provide the money obtained from these sales to Sara Munger, who would bring the money to Andre Terrell in the Bronx for additional quantities of heroin and cocaine base. Munger would then bring the controlled substances back to Vermont by automobile, and provide them to Evan Harris. Once the controlled substances were in Vermont, Evan Harris split the drugs with William Harris, and the drugs were stored and distributed from the residences of John Finn, Jeffrey Lacroix, and others in Chittenden County.
On July 7, 2016, law enforcement arrested Munger during a traffic stop on northbound Interstate 91, and found her to be in possession of approximately 127 grams of heroin and 24.8 grams of cocaine base. On August 23, 2016, a cooperating informant retrieved over $11,000 from Evan Harris at a residence in Burlington Vermont, which was intended for Andre Terrell. On August 24, 2016, the cooperating informant traveled to the Bronx, and delivered the $11,000 to Andre Terrell in exchange for over 100 grams of heroin.
On March 13, 2017, Terrell was charged by Criminal Complaint, and subsequently arrested in the Bronx. On March 17, 2017, Terrell appeared before United States Magistrate Judge Barbara C. Moses in the Southern District of New York, who ordered that Terrell remain detained pending his appearance in the District of Vermont. Terrell’s initial appearance in Vermont has not yet been scheduled. Evan Harris, William Harris, Troy Washington, Sara Munger, John Finn, Jeffrey Lacroix, and Gregory Wright have all previously appeared before United States Magistrate Judge John M. Conroy after the federal grand jury charged them in previous indictments.
The United States Attorney emphasizes that the charges contained in the Second Superseding Indictment are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty. If Terrell is convicted, he faces a mandatory minimum sentence of five years, and a maximum possible term of imprisonment of forty years.
The United States is represented in this matter by Assistant U.S. Attorney Jonathan A. Ophardt. Terrell is represented by William Theodore Martin, Esq. of Somers, New York. Evan Harris is represented by Bradley Stetler, Esq. William Harris is represented by David Watts, Esq. Troy Washington is represented by Kevin Henry, Esq. Sara Munger is represented by Federal Public Defender Michael Desautels, Esq. John Finn is represented by Michael J. Straub, Esq. Jeffrey Lacroix is represented by David J. Williams, Esq. Gregory Wright is represented by Christopher L. Davis, Esq. The investigation was conducted by the Federal Bureau of Investigation and the Vermont State Police Drug Task Force, with assistance from the Drug Enforcement Administration.
Brewer Man Sentenced to 2½ Years for Unlawfully Possessing FirearmsRead the Press Release
Contact: Jody Mullis
Assistant United States Attorney
Tel: (207) 945-0373Bangor, Maine: Acting United States Attorney Richard W. Murphy announced that Walter Botelho, 52, of Brewer, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 2½ years in prison to be followed by three years of supervised release for being a felon in possession of firearms. Botelho pleaded guilty on September 2, 2016.
According to court records, on May 2, 2016, law enforcement officers executed a search warrant at the defendant’s Brewer residence and recovered, among other things, two rifles and two shotguns. The defendant was prohibited from possessing firearms because of prior felony convictions for first-degree manslaughter (New York), receiving stolen goods (Rhode Island), and assault and battery (Massachusetts).
In imposing a sentence, Judge Woodcock noted that Botelho had “a problem beating up women,” noted that some of Botelho’s prior criminal conduct was “chilling,” and warned that if he did not turn his life around, his dream of having a stable life in Maine would “turn into a nightmare for others.”
The investigation was conducted by the Brewer Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Attleboro, Mass., Resident Detained on Charges of Attempted Enticement of a Minor, Child Pornography ChargesRead the Press Release
PROVIDENCE – U.S. District Court Magistrate Patricia A. Sullivan today ordered Richard F. Woodhead, 54, of South Attleboro, Mass., detained in federal custody during an initial appearance on a criminal complaint charging him with attempted enticement of a minor, attempt to receive child pornography and possession of child pornography.
Woodhead was arrested earlier today by Homeland Security Investigation agents and members of the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force following a court authorized search of his residence.
Woodward’s arrest and initial appearance are announced by Acting United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Matthew J. Etre, Special Agent in Charge of Homeland Security Investigations (HSI) for New England.
This matter remains under investigation by the Rhode Island State Police ICAC Task Force, Homeland Security Investigations and the United States Attorney’s Office.
The court scheduled a bail review in this matter to be heard on April 12, 2016.
This case is being prosecuted by Assistant U.S. Attorney Sandra R. Hebert.
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Akron man pleads guilty to selling fentanyl that resulted in fatal overdoseRead the Press Release
An Akron man pleaded guilty to selling fentanyl that caused a fatal overdose last year, law enforcement officials said.
Steven D. Daniels, 32, is scheduled to be sentenced July 13. He pleaded guilty to one count of distribution of fentanyl that resulted in death.
Daniels sold fentanyl that caused the fatal overdose of a person identified in the indictment as T.B on April 2, 2016 in Akron, according to court documents.
“We continue to seek long prison sentences for drug dealers who sell opioids that kill our children, friends and neighbors,” Acting U.S. Attorney David A. 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.”
DEA Special Agent in Charge Tim Plancon said: "The job of the DEA is to identify, disrupt and dismantle drug trafficking organizations that are distributing the dangerous and illegal fentanyl-based substances that have been responsible for countless deaths in the United States. When dealers provide illegal drugs to victims and the substances' use results in bodily harm or death, the DEA -- with the support from our law enforcement partners -- will continue to mobilize resources and personnel to investigate, arrest and successfully prosecute the people responsible."
"This case represents the tragic toll of addiction, and the efforts of the Akron Police Department to combat this health epidemic," Akron Police Chief James Nice said. "Law enforcement partners are hopeful that significant penalties for criminal participants will be part of a multifaceted approach that will save lives and reduce the suffering of survivors. We are proud of the investigative work that leads to accountability for drug dealers. We are also hopeful that our efforts help many that are coping with great loss."
This case is being prosecuted by Assistant U.S. Attorney Henry F. DeBaggis following an investigation by the Akron Police Department and Drug Enforcement Administration.
If convicted, the defendant’s sentence will be determined by the court after a review of the federal sentencing guidelines and factors unique to the case, including the defendant’s prior criminal record (if any), the defendant’s role in the offense and the characteristics of the violation.
5 April 2017
Wytheville Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
Abingdon, VIRGINIA – A previously convicted sex offender pled guilty yesterday in the United States District Court for the Western District of Virginia in Abingdon to failing to fulfill his obligations under the Sex Offender Registration and Notification Act [SORNA], Acting United States Attorney Rick A. Mountcastle announced.
Christopher Matthew Marsh, 40, most recently of Wytheville, Va., pled guilty yesterday to one count of failing to register as a previously convicted sex offender as required under SORNA.
According to evidence presented at yesterday by Virginia Assistant Attorney General and Special Assistant United States Attorney Suzanne Kerney-Quillen, Marsh was previously convicted of a sexual offense in Florida in 1997, which required him to register as a sex offender under SORNA.
Marsh complied, to some extent, with provisions of SORNA following his release from prison until June 2016 when probation officers in Florida received notification that his GPS monitor strap had been cut off. A warrant was then issued for his arrest. Marsh was subsequently located and arrested at a motel where he resided in August 2016. A review of the Virginia Sex Offender Registration and Notification Act revealed that Marsh had not registered as a sex offender in Virginia.
The United States Marshal’s Service conducted the investigation of the case. Special Assistant United States Attorney M. Suzanne Kerney-Quillen, a Virginia Assistant Attorney General assigned to the Attorney General’s Major Crimes and Emerging Threats Section, prosecuted the case for the United States.
Worcester Nurse Sentenced for Drug TamperingRead the Press Release
BOSTON – A Worcester nurse was sentenced today in connection with stealing painkillers from the nursing home where she worked, and then attempting to conceal her crime by replacing the medication with saline.
Lea Roberge, 33, was sentenced by U.S. District Court Judge Timothy S. Hillman to 20 months in prison and three years of supervised release. In January 2017, Roberge pleaded guilty to two counts of tampering with a consumer product, specifically the Schedule II controlled substance morphine, which is used for pain relief.
On two separate occasions in March 2015, while working as a registered nurse at Holy Trinity Eastern Orthodox Nursing and Rehabilitation Center, Roberge tampered with morphine sulfate contained in emergency narcotic kits. The kits are available for use at the nursing home in case of an emergency when there is not enough time to obtain medication from the pharmacy. Roberge, who had access to these emergency narcotic kits, used a syringe to extract morphine from six vials and one bottle. In an attempt to avoid detection, she replaced the extracted medication with saline, thereby decreasing the potency of the drug.
Acting United States Attorney William D. Weinreb; Jeffrey Ebersole, Special Agent in Charge of the Food and Drug Administration, Office of Criminal Investigations, New York Field Office; and Commissioner Monica Bharel, MD, MPH, of the Massachusetts Department of Public Health, made the announcement today. Assistant U.S. Attorney Michelle Lauren Dineen Jerrett of Weinreb’s Worcester Branch Office prosecuted the case.
Winslow Sex Offender Sentenced to over 17 Years in Federal Prison for Child PornographyRead the Press Release
Fayetteville, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Charles Ray Smith, age 31, of Winslow, was sentenced late yesterday to 210 months in federal prison followed by a lifetime of supervised release on one count of Receipt of Child Pornography. The Honorable Timothy L. Brooks presided over the sentencing hearing in the United States District Court in Fayetteville.
According to court records, on or about September 15, 2016, law enforcement arrested Charles Ray Smith at his residence on charges of sexual abuse. During a post-Miranda interview, Smith stated that he had been downloading child pornography on the cell phone in his possession and would then transfer it to his laptop computer. Smith subsequently consented to a search of his bedroom where officers located and seized two laptop computers. A subsequent forensic examination of the seized items revealed numerous images of child pornography.
Smith was named in a federal indictment in October of 2016 and pleaded guilty in December of 2016. At sentencing, the Government presented the Court with proof that Smith had a 2006 conviction for Sexual Assault 2nd Degree.
“Identifying and arresting sexual predators remains a top priority for HSI,” said Raymond R. Parmer, Jr. “HSI appreciates the teamwork of the Siloam Springs Police Department in ensuring this multiple offender was brought to justice.” Parmer is the Special Agent in Charge of the New Orleans field office with responsibility for Arkansas, Alabama, Louisiana, Mississippi, and Tennessee.
This case was investigated by the Siloam Springs Police Department and the Department of Homeland Security Investigations. Assistant United States Attorney Dustin Roberts prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Wilmerding Man Sentenced to 4 Years in Prison for Conspiring to Sex Traffic a ChildRead the Press Release
PITTSBURGH - A former resident of Allegheny County, Pennsylvania has been sentenced in federal court to 48 months imprisonment, followed by five years supervised release, on a charge of Conspiracy to Commit Sex Trafficking of Children, Acting United States Attorney Soo C. Song announced today.
United States District Judge Arthur J. Schwab imposed the sentence on Joseph T. Clemenic, Jr., age 45, of Wilmerding, Pa.
According to information presented to the court, in and around April of 2015, in the Western District of Pennsylvania, Joseph T. Clemenic, Jr., and another person knowingly entered into an agreement to conspire to recruit for sex trafficking a female minor who had not attained the age of 18 years.
Assistant United States Attorney Jessica Lieber Smolar prosecuted this case on behalf of the government.
Acting United States Attorney Soo C. Song commended the Federal Bureau of Investigation, the Allegheny County Police Department and the City of Pittsburgh Bureau of Police for conducting the investigation leading to the successful prosecution of Joseph T. Clemenic, Jr.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Wagoner Man Sentenced to 37 Months for Firearm Possession, Obliterated Serial NumberRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced that WILLIAM HENRY CRAIG, age 27, of Wagoner, Oklahoma, was sentenced to 37 months imprisonment and 3 years of supervised release for two counts of POSSESSION OF AN UNREGISTERED FIREARM, in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871; and for POSSESSION OF FIREARM WITH AN OBLITERATED SERIAL NUMBER, in violation of Title 18, United States Code, Sections 922(k) and 924(a)(1)(B).
The Indictment alleged that on or about April 5, 2016, within the Eastern District of Oklahoma, the defendant did knowingly possess a destructive device, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.
The Indictment further alleged that on or about April 5, 2016, within the Eastern District of Oklahoma, the defendant did knowingly possess a CGC (Companhia Brasileira de Cartuchos), Model 151, 20 gauge shotgun, with a barrel of less than 18 inches in length and an overall length of less than 26 inches, not registered to him in the National Firearms Registration and Transfer Record.
The Indictment further alleged that on or about the April 5, 2016, in the Eastern District of Oklahoma, the defendant knowingly received in interstate or foreign commerce a firearm, that is a CGC (Companhia Brasileira de Cartuchos), Model 151, 20 gauge shotgun, which had been shipped and transported in interstate or foreign commerce prior to April 5, 2016, from which the manufacturer's serial number had been removed, altered and obliterated.
The charges arose from an investigation by the Wagoner Police Department, the Oklahoma Highway Patrol, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Kristin Harrington represented the United States.
Utah Federal, State and Local Government Officials Join Forces to Educate Investors on How to Avoid FraudRead the Press Release
SALT LAKE CITY -- In a new, collaborative effort, Utah federal, state and local government officials established the Financial Fraud Institute and will hold two separate multi-agency seminars designed to educate Utah investors and consumers on how to recognize and avoid financial and consumer fraud, announced U.S. Securities and Exchange Commission Regional Director Richard R. Best and U.S. Attorney for the District of Utah John W. Huber.
The free seminars are open to the public and will be held in Salt Lake City on April 26 and in Utah County on May 10. Follow us on Twitter at #StopFraudUtah.
Officials from the U.S. Securities and Exchange Commission, U.S. Attorney’s Office, Utah Attorney General’s Office, Financial Industry Regulatory Authority (FINRA), Utah Division of Securities, U.S. Commodity Futures Trading Commission, Utah Division of Consumer Protection, FBI, IRS, the Salt Lake District Attorney’s Office, and the Utah County Attorney’s Office will participate in the seminars.
Utah Attorney General Sean Reyes will be the keynote speaker at the April seminar and Chief Magistrate Judge Paul M. Warner of the U.S. District Court for the District of Utah will be the keynote speaker at the May seminar. These are the first in a series of seminars to be held by representatives of the Financial Fraud Institute.
The seminars will provide information on key questions to ask before making investment decisions; where to find free and unbiased information; how to spot financial scams; and how to report suspected fraud.
WHO: National and local experts from federal and state law enforcement and financial regulatory agencies
WHAT: Financial Fraud Institute Seminars to educate investors and consumers on how to recognize and avoid fraud
Salt Lake City
WHEN: April 26 in Salt Lake City
5:00 p.m. – 8:30 p.m. See full agenda
WHERE: University of Utah
S.J. Quinney College of Law Auditorium
383 S. University St.
Salt Lake City, UT 84112
Free parking at the University of Utah Stadium
Utah County
WHEN: May 10 in Utah County
5:00 p.m. – 8:30 p.m. See full agenda
WHERE: Utah Valley University
Classroom Building Rooms 101B and 101C
800 W. University Parkway
Orem, UT 84058
Those interested in attending the seminars must register at: Salt Lake City and Utah County, or call 801-579-6191. For more information, visit www.utfraud.com.
The seminars are open to the press. Press interested in attending the events should contact Melodie Rydalch of the Utah U.S. Attorney’s Office on 801-243-6475 or [email protected].
United States Attorney’s Office Observes National Crime Victims’ Rights WeekRead the Press Release
The United States Attorney’s Office for the Southern Division of Alabama observes April 2 through 8, 2017, as National Crime Victim’s Rights Week. The office seeks to raise awareness of the citizens in our district who have been the victims of crime, including violent crime.
“Strength. Resilience. Justice.” This is the theme for the 2017 National Crime Victim’s Rights Week. Those words represent our mission to preserve and enforce victims’ rights. We seek to strengthen victims by responding to their needs, to acknowledge the resilient nature of our victim support organizations, and to pursue justice and healing for those most impacted by criminal behavior. We are committed to serving the community and ensuring that all victims receive the treatment guaranteed by the Victims’ Bill of Rights.
Various agencies have organized community events to acknowledge local crime victims and to increase awareness. For example, there will be two events on Thursday, April 6. The Mobile County District Attorney’s Office will hold its annual vigil from 6:30 to 7:30 p.m. at Cathedral Square in downtown Mobile. The Baldwin County District Attorney’s office will host its annual “Candlelight on the Delta” vigil beginning at 6:00 p.m. at the 5 Rivers Delta Center in Spanish Fort.
Our office is grateful for the continued commitment of private and public organization, as well as all of the local, state, and federal law enforcement agencies in our district that protect and serve our citizens. If you or someone you know has fallen victim to a crime, please visit the Office for Victims of Crime website at VictimsConnect.org or call 855-4-VICTIM to learn about your rights and available resources.U.S. Attorney’s Office to Commemorate National Crime Victims’ Rights WeekRead the Press Release
FARGO - U.S. Attorney Christopher C. Myers announced today that on April 7, 2017, the U.S. Attorney’s Office for the District of North Dakota will host a National Crime Victims’ Rights Week Awards Ceremony to raise awareness about crime victims’ rights and to recognize individuals throughout the state who provide outstanding services to crime victims. The awards ceremony will take place at the Quentin N. Burdick United States Courthouse, Jury Assembly Room, 655 First Avenue North, Fargo, at 10:30 a.m.
The U. S. Department of Justice’s Office for Victims of Crime (OVC) leads communities throughout the country in their annual observances of the national Crime Victims’ Rights Week, which is April 2-8, by promoting victims’ rights and honoring crime victims and those who advocate on their behalf. This year’s theme – Strength. Resilience. Justice. – emphasizes the importance of multidisciplinary responses and building the capacity of individuals, service providers, and communities to respond to crime and support the ongoing healing of victims and survivors. The theme also supports OVC’s Vision 21 Initiative, which encourages research, address emerging issues, and building the capacity of victim service organizations by increasing the use of technology and training.
Members of the media will be permitted to bring appropriate still photo, video, and audio equipment to the Jury Assembly Room for purposes of covering this event. The public is also invited to attend.
Two Orrville men indicted for selling fentanyl that resulted in fatal overdoseRead the Press Release
Two Orrville men were indicted for selling fentanyl that resulted in a fatal overdose, law enforcement officials said.
Kenneth L. Johnson, 44, and Joseph N. Carpenter, 33, were indicted on one count of distribution of fentanyl. That count carries a sentencing enhancement because the fentanyl they sold resulted in a death. Johnson faces an additional count of distribution of fentanyl.
Johnson and Carpenter on Dec. 2, 2016, met with Drew Eberly at 316 North Ella Street in Orrville and sold him fentanyl. Eberly subsequently overdosed and died from the fentanyl, according to court documents.
Carpenter told investigators that he set up the sale in which Eberly purchased $20 worth of drugs from Johnson, according to court documents.
Johnson also distributed fentanyl on Dec. 3, according to court documents.
“We continue to seek long prison sentences for drug dealers who sell opioids that kill our children, friends and neighbors,” Acting U.S. Attorney David A. 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.”
DEA Special Agent in Charge Tim Plancon said: "The job of the DEA is to identify, disrupt and dismantle drug trafficking organizations that are distributing the dangerous and illegal fentanyl-based substances that have been responsible for countless deaths in the United States. When dealers provide illegal drugs to victims and the substances' use results in bodily harm or death, the DEA -- with the support from our law enforcement partners -- will continue to mobilize resources and personnel to investigate, arrest and successfully prosecute the people responsible."
“The speed with which these arrests were made likely saved lives,” said Orrville Police Chief Matt Birkbeck. “This case sends a message to others engaged in this behavior that the time for warnings is over. These cases are being taken very seriously.”
“The MEDWAY Drug Enforcement Agency will continue to collaborate and work closely with our local and federal partners to hold people accountable for their actions who are involved in trafficking drugs in our communities and bring them to justice,” MEDWAY Director Donald J. Hall said. “A very strong message is being sent to those involved when they are indicted federally.”
If convicted, the defendants’ sentences 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 Aaron P. Howell following an investigation by the Orrville Police Department, the Medina/Wayne County Drug Task Force (MEDWAY) and the DEA, with assistance from the Wayne County Coroner’s Office.
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.
Two New Bedford Residents Plead Guilty to Heroin TraffickingRead the Press Release
BOSTON – Two New Bedford residents pleaded guilty today in U.S. District Court in Boston in connection with a wide-ranging conspiracy that distributed heroin throughout Bristol County, Mass., and Providence, Rhode Island.
Eric Desousa, 26, of New Bedford, pleaded guilty today in U.S. District Court in Boston to conspiracy to distribute and possess with intent to distribute heroin and three counts of possession of heroin with the intent to distribute. Tyson Depina, 40, of New Bedford, pleaded guilty to conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin and three counts of possession of heroin with the intent to distribute. U.S. District Court Senior Judge Douglas P. Woodlock scheduled sentencing for July 13, 2017, for both Depina and Desousa.
According to court documents, Depina had been receiving heroin from Sharik Mendes, who was sentenced in federal court for heroin trafficking in January. In the spring of 2016, Depina began receiving heroin from Eric Desousa. On April 14, 2016, investigators watched Desousa distribute heroin to Depina. Depina was then arrested in possession of this heroin. During the arrest process, however, Depina fled and attempted to destroy the heroin. An officer in pursuit was covered in the heroin that Depina attempted to destroy. As a result, the officer had to be taken to the hospital. A subsequent lab test confirmed that the heroin seized from Depina was a mixture of heroin and the deadly drug fentanyl, which has been responsible for hundreds of overdose deaths in Massachusetts.
On June 6, 2016, investigators watched as Desousa attempted to deliver heroin to a customer in New Bedford. Desousa was arrested and law enforcement obtained a search warrant for Desousa’s residence in New Bedford, where they found nearly 300 grams of a mixture of heroin and fentanyl and more than $8,000 in cash.
The charges against Desousa for conspiracy to distribute heroin and possession of heroin with the intent to distribute provide for a sentence of no greater than 20 years in prison, a minimum of three years and up to a lifetime of supervised release, and a fine of $1 million. The charges against Depina for conspiracy to distribute heroin and possession of heroin with the intent to distribute provide for a sentence of no less than five years and up to 40 years in prison, a minimum of four years and up to a lifetime of supervised release, and a fine of up to $5 million. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb; Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Fall River Police Chief Daniel S. Racine; and New Bedford Police Chief Joseph C. Cordeiro, made the announcement today. Assistant U.S. Attorney Eric S. Rosen of Weinreb’s Narcotics and Money Laundering Unit is prosecuting the case.
Two Loiza Boys Gang Associates Sentenced on Drug ChargesRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051
BUFFALO, N.Y. – Acting U.S. Attorney James P. Kennedy, Jr. announced today that Jorge Quinones, 39, of Buffalo, NY, who was convicted of possession with intent to distribute, and distribution of heroin, was sentenced to 151 months in prison by Senior U.S. District Judge William M. Skretny. In addition, Judge Skretny sentenced Jose Rivera, 35, also of Buffalo, to 120 months in prison for his conviction on a charge of conspiracy to possess with intent to distribute and distribute heroin.Assistant U.S. Attorney Wei Xiang, who handled the sentencing, stated that the defendants were associates of a gang known as the Loiza Boys, which has been distributing heroin and cocaine on Buffalo’s West Side since at least 2006.
The defendants were charged in 2013 along with eight co-conspirators following a long-term investigation that involved the interception of telephone calls of various defendants and the use of undercover drug purchases from some of those charged. During the investigation, law enforcement officers seized over 450 grams of heroin, three firearms, and over $70,000 in U.S. currency.
Nine of the 10 defendants have been convicted. Charges are pending against Josbel Garcia. The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
The sentencings are the culmination of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, under the direction of Special Agent-in-Charge Adam S. Cohen.
Toledo-area men sentenced to nine and seven years in prison for stealing more than $1.1 million through fraudulent loan-modification schemeRead the Press Release
Two Toledo-area men were sentenced to prison for stealing more than $1.1 million from hundreds of people through a fraudulent loan-modification scheme, said Acting U.S. Attorney David A. Sierleja and Stephen D. Anthony, Special Agent in Charge of the FBI’s Cleveland office.
Jason J. Keating, 38, of Toledo was sentenced to nine years in prison while and Christopher J. Howder, 40, of Perrysburg, was sentenced to seven years in prison.
Keating was ordered to pay $1.1 million in restitution while Howder was ordered to pay $561,000 in restitution.
Both pleaded guilty last year to charges of conspiracy to commit mail and wire fraud and multiple counts of mail fraud and wire fraud.
Keating and Howder worked at Making Home Affordable USA (MHAUSA) from 120 10th Street in Toledo, where Keating was self-described president and Howder was the self-described underwriting manager.
According to court documents filed in the case:
The company used various names but homeowners were told MHAUSA had a very high rate of success and that customers could achieve modified interest rates as low as 2 percent.
Prospective participants were told there was a flat fee for service, generally between $495 and $795. Participants were told to stop making monthly mortgage payments to their lenders and instead to pay a percentage of their mortgage to MHAUSA.
Participants were told MHAUSA would hold these payments in a “stimulus reserve” account to demonstrate the participants could reliably make payments, and that once the loans were modified, the money would be turned over to the lenders.
The money obtained through the fraud was spent on concessions at professional sports venues, restaurants, cash withdrawals, gentlemen’s clubs, a tanning salon, a Las Vegas hotel, a jewelry store and a lingerie store.
“These defendants took more than $1 million from people struggling to hold onto their homes,” Sierleja said.
“They used money obtained through fraud to pay for expensive restaurants and vacations,” Anthony said.
The investigating agency in this case is the Federal Bureau of Investigation and the Department of Housing and Urban Development – Office of Inspector General. The case was handled by Assistant United States Attorney Gene Crawford.
Toledo men sentenced to prison for racially motivated attack on African-American strangerRead the Press Release
Two Toledo men were sentenced today to prison for beating an African-American stranger they saw on the street, announced by Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division, Acting U.S. Attorney David A. Sierleja and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division.
Robert Paschalis, 25, was sentenced to two years in prison while Charles Butler was sentenced to seven years in prison. Both men pleaded guilty in November to violating the Shepard-Byrd Hate Crimes Prevention Act.
According to documents filed in connection with the case, on May 18, 2016, Paschalis and Butler drove past the victim, A.W., on the street while A.W. was unloading items from his truck. The two men circled back, got out of their own truck and began attacking A.W. while yelling racial slurs. Butler grabbed a broom from the back of A.W.’s truck and struck A.W. with it multiple times. Paschalis later admitted that the beating occurred because A.W. is African American. Paschalis said that, unlike Butler, he had not “earned” his swastika tattoo yet.
The beating stopped only when two off-duty police officers happened on the scene and pulled Butler and Paschalis away. A.W. suffered an orbital fracture and damage to his right eye. Butler later posted on Facebook that the attack was “in the name of the White Race.”
“This sentence sends a stern message to those who practice and advocate racial violence,” said Acting Assistant Attorney General Wheeler. “Robust prosecution of hate crimes is a priority for the Justice Department, and we will continue to vigorously enforce these laws.”
“Attacks like these have no place in our society,” Acting U.S. Attorney Sierleja said. “The victim in this case was minding his own business when he was jumped by two racists. They deserve the prison sentences they received today.”
“These individuals engaged in a violent assault against another person based on his race and are now being held accountable,” said Special Agent in Charge Anthony. “The FBI will continue to work with our law enforcement partners to ensure hate crimes are thoroughly investigated and prosecuted to the greatest extent of the law.”
This case was investigated by the FBI’s Toledo Resident Agency, in cooperation with the Toledo Police Department and the Lucas County Prosecutor’s Office. The case was prosecuted by Assistant U.S. Attorney Michael Freeman of the Northern District of Ohio, Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section and Special Assistant U.S. Attorney Robert Miller.
Ten Members of Westchester-Based Crew Charged in White Plains Federal Court with Robbery and Firearms Offenses, Among Other CrimesRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, Anthony A. Scarpino, Jr., District Attorney for the County of Westchester, and William F. Sweeney, Jr., Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of an Indictment charging ten individuals with participating in a conspiracy to commit robberies, including at least nine robberies and attempted robberies that occurred in Westchester County and the Bronx, New York. The indictment also charges certain defendants with carrying, brandishing, and discharging firearms in connection with the robbery conspiracy, as well as other theft-related offenses.
Seven of the defendants charged were taken into custody today. Three defendants, JASON AUZA, GUILLERMO FERNANDEZ and KASEAN GALLOWAY, were already in state custody on other charges. All of the defendants arrested today will be presented before U.S. Magistrate Judge Paul E. Davison in White Plains federal court this afternoon.
Acting U.S. Attorney Joon H. Kim said: “As alleged, the ten defendants charged today went on a brazen crime spree across Westchester and the Bronx, robbing and attempting to rob at least nine businesses and drug dealers, often armed with guns. We are grateful to all of our law enforcement partners for their work in bringing the dangerous alleged crimes by this determined crew to an end.”
Westchester County District Attorney Anthony A. Scarpino, JR. said: “I applaud the outstanding police work that enabled us to apprehend these dangerous criminals. This inter-agency collaboration is critical to our efforts to bring down these gangs who have been terrorizing our citizens over the past two years.”
FBI Assistant Director-in-Charge William F. Sweeney, Jr. said: “As we allege, robberies and burglaries were the profit making ways of the 10 members of a loosely organized criminal charged group today. Sometimes armed, sometimes not, this crew varied their targets from commercial establishments to drug dealers. Getting criminal groups off our streets is the mission of the Westchester County Safe Streets Task Force and I’m proud to say today’s arrest meets that mission. I commend the FBI agents and the task force detectives and officers on their hard work and collaboration in bringing this investigation towards prosecution.”
According to the allegations in the Indictment and other publicly filed documents[1]:
From at least 2012 to in or about December 2016 ALEX AYALA, a/k/a “Al Bundy,” JASON AUZA, DENNIS BROWN, a/k/a “Bundles,” NELSON CARTAGENA, ANDRE EMILIEN, a/k/a “Dre,” ELBIO ESPAILLAT, a/k/a “LB,” GUILLERMO FERNANDEZ, a/k/a “Chino,” KESEAN GALLOWAY, a/k/a “K,” JOHN NASSAR, a/k/a “Mush,” a/k/a “Big Johnny,” and PAUL VALLARO, were members of a loosely organized criminal crew based primarily in Westchester County, New York (the “Crew”). Members of the Crew worked together to enrich themselves and their fellow Crew members through thefts, burglaries, and robberies, both armed and unarmed. From 2015 to December 2016, members of the Crew burglarized over 50 commercial establishments in Westchester, Rockland, Putnam, Dutchess, and Fairfield (CT) Counties. With respect to robberies, members of the Crew targeted both commercial establishments and drug dealers. Additionally, members of the Crew worked together to sell drugs, including drugs stolen from drug dealers during robberies and other thefts, and shared in the profits from those sales.
* * *
Count One of the Indictment charges AYALA, AUZA, BROWN, CARTAGENA, EMILIEN, ESPAILLAT, FERNANDEZ, GALLOWAY, and VALLARO with conspiring to commit Hobbs Act robberies. Count Two charges FERNANDEZ and NASSAR with robbing a pizzeria employee at gunpoint in the vicinity of Morsmere Avenue in Yonkers on October 5, 2012. Count three charges AYALA, AUZA, CARTAGENA, FERNANDEZ, GALLOWAY, and VALLARO with using and carrying firearms, some of which were brandished and discharged, during and in relation to the robbery conspiracy charged in Count One. Court Four charges FERNANDEZ and NASSAR with using, carrying and brandishing firearms during and in relation to the robbery charged in Count Two. Count Five charges CARTAGENA with transporting over $25,000 in stolen goods across state lines in connection with a commercial burglary in Connecticut on December 2, 2016. Count Six charges GALLOWAY with committing a carjacking in Yonkers on February 21, 2016.
Charts containing the names, ages, residences, charges, and maximum penalties for the defendants are set forth below. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Kim praised the outstanding investigative work of the FBI’s Westchester County Safe Streets Task Force, which is comprised of agents and investigators from the FBI, the United States Probation Office, the Westchester County District Attorney’s Office, the Westchester County Department of Public Safety, the New York City Police Department, the City of Yonkers Police Department, the City of Peekskill Police Department, and the Mount Vernon Police Department.
Mr. Kim also thanked the following law enforcement agencies for their assistance: the Westchester County Department of Public Safety, the Bedford Police Department, the Irvington Police Department, the Greenburgh Police Department, the Yorktown Police Department, the Mount Pleasant Police Department, the Village of Pleasantville Police Department, the Clarkstown Police Department, Town of Kent Police Department, the Putnam County Sheriff's Office, the New York State Police, the Ridgefield (CT) Police Department, and the Danbury (CT) Police Department.
The case is being handled by the Office’s White Plains Division. Assistant U.S. Attorneys Kathryn Martin and Scott Hartman, and Special Assistant U.S. Attorney Lauren Abinanti, of the Westchester County District Attorney’s Office, are in charge of the prosecution.
The charges contained in the Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
UNITED STATES v. AYALA, ET AL., 17 Cr. 202 (___)
DEFENDANT
AGE
CITY OF RESIDENCE
CHARGES
MAX SENT.
AYALA, ALEX
a/k/a “Al Bundy”
37
Bronx, NY
Hobbs Act Robbery Conspiracy
18 U.S.C. § 1951
Firearms Offense
18 U.S.C. § 924
20 Years
Life
AUZA, JASON
27
Yonkers, NY
Hobbs Act Robbery Conspiracy
18 U.S.C. § 1951
Firearms Offense
18 U.S.C. § 924
20 Years
Life
DENNIS BROWN
a/k/a “Bundles”
36
Yonkers, NY
Hobbs Act Robbery Conspiracy
18 U.S.C. § 1951
20 Years
NELSON CARTAGENA
30
Yonkers, NY
Hobbs Act Robbery Conspiracy
18 U.S.C. § 1951
Firearms Offense
18 U.S.C. § 924
Interstate Transportation of Stolen Property
18 U.S.C. § 2314
20 Years
Life
10 Years
ANDRE EMILIEN
a/k/a “Dre”
33
Yonkers, NY
Hobbs Act Robbery Conspiracy
18 U.S.C. § 1951
20 Years
ELBIO ESPAILLAT
a/k/a “LB”
42
Bronx, NY
Hobbs Act Robbery Conspiracy
18 U.S.C. § 1951
20 Years
GUILLERMO FERNANDEZ
a/k/a “Chino”
43
Yonkers, NY
Hobbs Act Robbery Conspiracy
18 U.S.C. § 1951
Hobbs Act Robbery
18 U.S.C. § 1951
Firearms Offense
18 U.S.C. § 924
20 Years
20 Years
Life
KASEAN GALLOWAY
a/k/a “K”
20
Yonkers, NY
Hobbs Act Robbery Conspiracy
18 U.S.C. § 1951
Firearms Offense
18 U.S.C. § 924
Carjacking
18 U.S.C. § 2119
20 Years
Life
15 Years
JOHN NASSAR
a/k/a “Mush”
a/k/a “Big Johnny”
42
Yonkers, NY
Hobbs Act Robbery
18 U.S.C. § 1951
Firearms Offense
18 U.S.C. § 924
20 Years
Life
PAUL VALLARO
39
Elmsford, NY
Hobbs Act Robbery Conspiracy
18 U.S.C. § 1951
Firearms Offense
18 U.S.C. § 924
20 Years
Life
[1] As the introductory phrase signifies, the entirety of the text of the Indictment, and the description of the Indictment set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Ten Arrested for Defrauding Victims Out of More Than $9 Million in DiamondsRead the Press Release
Joon H. Kim, the Acting United States Attorney for the Southern District of New York, William F. Sweeney Jr., the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), Leon Hayward, Acting Director of the New York Field Office of U.S. Customs and Border Protection, and James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), announced the arrests of GODEL SEZANAYEV a/k/a “Gary,” MARK MULLAKANDOV, ALBERT FOOZAILOV, IMANIL MURATOV a/k/a “Eddy,” MANASHE SEZANAYEV a/k/a “Michael,” NATHAN ITZCHAKI, ARKADIY ISRAILOV, ALI JAVIDNEZHAD, MARK NATANZON, SHOLOM MURATOV, MENACHEM ABRAMOV, and NIZAMUDEN AKBARI for their role in fraudulently obtaining millions of dollars in virtually untraceable diamonds from victim wholesalers. Ten of the defendants were arrested this morning and will be presented this afternoon before U.S. Magistrate Judge Andrew J. Peck in Manhattan federal court. JAVIDNEZHAD and AKBARI remain at large.
Acting Manhattan U.S. Attorney Joon H. Kim said: “The twelve charged defendants allegedly participated in a global conspiracy to defraud diamond dealers out of more than $9 million. Centered in Manhattan’s diamond district, America’s busiest hub in the diamond trade, the defendants allegedly took advantage of an industrywide system of credit and trust to obtain largely untraceable diamonds, and then, using various allegedly illegal schemes, refused to pay. We commend our law enforcement partners for their work in shutting this alleged criminal scheme down for good.”
FBI Assistant Director-in-Charge William F. Sweeney Jr. said: “Diamonds have value worldwide so it comes as no surprise that an alleged organized ring would target diamond wholesalers in Manhattan's diamond district in a worldwide scheme. Using everything from forged documents to bad checks and tall tales, the group allegedly swindled more than $9 million from victim wholesalers. The FBI-NYPD-CBP Joint Eurasian Organized Crime Task Force is committed to rooting out organized crime groups- big or small-wherever we find them operating I want to commend the FBI agents, NYPD detectives, and CBP officers on their hard work and collaboration in bringing this investigation towards prosecution.”
NYPD Commissioner James P. O’Neill said: “As alleged, these defendants bought nine million in untraceable diamonds with bad checks, forged documents, and long stories to perpetuate their scheme. I want to thank the NYPD detectives, the FBI, the U.S. Customs and Border Protection and the Acting United States Attorney for the Southern District for their efforts to bring these defendants to justice.”
Acting CBP NY Field Office Director Leon Hayward said: “U.S. Customs and Border Protection is proud of the expertise we bring to support and assist investigations that result in the takedown of criminal enterprises. It is through interagency partnerships and collaborative efforts, like the one leading to today’s arrests, that law enforcement successfully combats today’s criminal organizations.”
According to the allegations in the Complaint unsealed today in Manhattan federal court:[1]
Since in or about 2015, the FBI has been investigating a series of predatory frauds perpetrated by a group of diamond merchants in New York City. This group swindles diamond wholesalers in a variety of ways, and then resells the ill-gotten diamonds through Manhattan’s diamond district. In order to avoid detection, the group focuses on obtaining small round stones called melee diamonds, which are virtually untraceable, as they do not bear the unique numerical identifiers common on larger stones.
The group uses a variety of methods to defraud its victims, including bad checks, false references, forged documents, and tall tales—all to convince its victims to part with their diamonds before receiving payment. The group’s most common technique is the “bust out”: first the group builds up credit and trust with a victim by paying for goods on delivery, and then, at the moment of maximum credit, the group walks away with the millions of dollars in diamonds, leaving the victim high and dry.
Once victims begin to realize their predicament, and begin to insist on payment, members of the group refuse and, instead, inform the wholesalers that their diamonds have been lost, or that another customer took the victim’s diamonds and has refused to pay, or that a different member of the group will repay the victim at some point in the future. Members of the group have even conditioned payment on the victim’s willingness to assist the group in still another fraud.
Among the schemes described in the Complaint:
From at least January 2015 to November 2016, GODEL SEZANAYEV a/k/a “Gary”, ALBERT FOOZAILOV, IMANIL MURATOV a/k/a “Eddy,” MANASHE SEZANAYEV a/k/a “Michael,” and ALI JAVIDNEZHAD deployed an ad hoc strategy to obtain as much of the diamond inventory of a wholesaler (“Victim-1”) as possible without full payment. The defendants’ scheme caused Victim-1 in excess of $2.4 million in losses.
In or about May 2015, GODEL SEZANAYEV a/k/a “Gary,” ARKADIY ISRAILOV, and NIZAMUDEN AKBARI conspired to defraud a jewelry merchant at a Las Vegas trade show.
From in or about December 2015 to December 2016, ALBERT FOOZAILOV, NATHAN ITZCHAKI, MARK MULLAKANDOV, MARK NATANZON, MENCHAM ABRAMOV, and SHOLOM MURATOV induced numerous victims in Mumbai, India (“Victim-2,” “Victim-3,” “Victim-4,” and “Victim-5”) to send diamonds by interstate carrier by purporting to agree to payment terms that they had no intention to, and did not, honor. The defendants caused these victims losses in excess of $7.44 million.
* * *
GODEL SEZANAYEV a/k/a “Gary,” 40, ALBERT FOOZAILOV, 53, IMANIL MURATOV a/k/a “Eddy,” 60, MANASHE SEZANAYEV a/k/a “Michael,” 34, ALI JAVIDNEZHAD, 51, ARKADIY ISRAILOV, 38, and NIZAMUDEN AKBARI, 56, are each charged with conspiring to commit wire fraud, which carries a maximum sentence of 20 years in prison. FOOZAILOV, NATHAN ITZCHAKI, 58, MARK MULLAKANDOV, 41, MARK NATANZON, 68, MENCHAM ABRAMOV, 31, and SHOLOM MURATOV, 35, are charged with conspiring to commit mail fraud, which also carries a maximum sentence of 20 years in prison. The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by the judge.
Mr. Kim praised the outstanding work of the FBI, the CBP, and the NYPD for their investigative efforts and ongoing support and assistance with the case.
The prosecution of this case is being overseen by the Office’s Violent and Organized Crime Unit. Assistant U.S. Attorneys Noah Falk and Andrew Thomas are in charge of the case.
The charges contained in the Complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint, and the description of the Complaint set forth herein, constitute only allegations, and every fact described should be treated as an allegation.
Tallmadge man indicted on fentanyl chargesRead the Press Release
A federal grand jury returned a one-count indictment charging Oscar Curtis Robinson, 38, of Tallmadge, with possession with the intent to distribute fentanyl, David A. Sierleja, Acting U.S. Attorney for the Northern District of Ohio.
The indictment alleges that on February 2, 2017, Robinson, possessed with intent to distribute a quantity of a mixture and substance containing fentanyl.
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 Federal Bureau of Investigation and the Akron FBI Safe Streets Task Force. The case is being prosecuted by Assistant United States Attorney Linda H. Barr.
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.
Springfield Man Sentenced for Cocaine DistributionRead the Press Release
SPRINGFIELD – A Springfield man was sentenced today in U.S. District Court in Springfield for conspiring to distribute cocaine.
Radames Perez, 39, was sentenced by U.S. District Court Judge Mark G. Mastroianni to 41 months in prison and three years of supervised release. In January 2017, Perez pleaded guilty to two counts of conspiracy to distribute cocaine.
On January 29, 2014, Perez conspired to distribute cocaine with an individual cooperating with federal agents. The transaction was captured on video and audio recordings. Perez pleaded guilty to conspiring to distribute more than one kilogram of cocaine in connection with that transaction.
Acting United States Attorney William D. Weinreb and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division made the announcement today. Assistant U.S. Attorneys Neil L. Desroches and Deepika Bains Shukla of Weinreb’s Springfield Branch Office prosecuted the case.
San Francisco Restaurant Owner Sentenced to Six Months in Halfway House for Concealing Facts About Employee WagesRead the Press Release
SAN FRANCISCO – Ming Lian Zhou was sentenced today to six months in community confinement to be followed by another six months home detention, along with over $7,000 in fines and restitution, for concealing the underpayment of wages from the U.S. Department of Labor, announced United States Attorney Brian J. Stretch and Department of Labor Office of the Inspector General Special Agent in Charge Abel Salinas. The sentence was handed down by the Honorable Richard Seeborg, U.S. District Judge, following Zhou’s September 16, 2016, guilty plea.
According to the guilty plea, Zhou, 58, of San Francisco, admitted he covered up the fact that he had not paid proper overtime wages to employees at two San Francisco restaurants he formerly owned, Hong Kong Lounge and Hong Kong Lounge II. Zhou failed to pay his employees $92,966.51 in overtime wages. A Department of Labor investigation uncovered Zhou’s conduct and, on March 16, 2012, the Department of Labor’s Wage and Hour Division notified Zhou that he was required to repay these employees. Zhou admitted that, on or about March 27, 2012, he signed and submitted to the Wage and Hour Division two Forms WH-56, in which he represented and agreed that he would pay his employees the assessed amount and would mail proof of that payment to the Wage and Hour Division. In April 2012, he deliberately signed and submitted to the Wage and Hour Division 46 Forms WH-58, in which he reported that he had paid 46 employees their overtime back wages. In truth, he had not paid the employees their overtime back wages. He nevertheless signed the forms, and asked his employees to sign the forms, confirming that the employees had received their wages.
Zhou was indicted by a federal grand jury on September 17, 2015. He was charged with one count of concealing a material fact from a government agency, in violation of 18 U.S.C. § 1001(a)(1), and three counts of interfering with commerce by threats of economic harm, in violation of 18 U.S.C. § 1951. Zhou pleaded guilty to concealing a material fact from a government agency. The remaining charges were dismissed.
This case originated with an investigation by the Department of Labor’s Wage and Hour Division into whether restaurants in the Bay Area were in compliance with the Fair Labor Standards Act.
“The high cost of living in the Bay Area makes restaurant workers particularly vulnerable to being cheated out of their lawful wages,” said U.S. Attorney Stretch. “Restaurant workers often work long hours for low wages. As in this case, workers frequently are punished or retaliated against for seeking the wages they have earned. They cannot afford to lose their jobs, so they are forced to accept an illegal wage. They should not have to fight this fight alone. Restaurant owners who cheat their employees out of fairly earned wages will be prosecuted by the Department of Justice.”
“The Office of Inspector General will continue to investigate individuals like Zhou, who exploit vulnerable workers and then conceal their actions by obstructing compliance investigations conducted by the Department of Labor’s Wage and Hour Division. We are committed to working with our partner agencies to preserve the integrity of all U.S. Department of Labor enforcement programs,” stated Special Agent in Charge Salinas.
Judge Seeborg sentenced the defendant to a three-year term of probation. For the first six months, the defendant will be required to reside in community confinement, otherwise known as a halfway house, where he will not be able to leave except for work and other limited activities. Following release from the halfway house, defendant will be required to serve a six-month period of home detention while wearing a location monitor to ensure his compliance. For the entire three years of his probation, the defendant’s home and businesses will be subject to searches by his probation officer to ensure that he is not involved in any other illegal activities. The Court ordered the defendant to pay a $5,000 fine, and restitution of $2,471.80 to three of the employees that the defendant forced to pay kickbacks.
The case was prosecuted by Assistant U.S. Attorneys Katherine Lloyd-Lovett and John Hemann, with the assistance of Marina Ponomarchuk and Matthew Swartsfager. The prosecution is the result of a multi-year investigation by the Department of Labor’s Office of the Inspector General and Wage and Hour Division.
Rochester Man Sentenced for Smuggling Contraband into JailRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX: (716) 551-3051ROCHESTER, N.Y. -- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Hoeub Chan, 35, of Rochester, NY, who was convicted of smuggling narcotics into jail, was sentenced to 18 months in prison by Chief U.S. District Judge Frank P. Geraci.
Assistant U.S. Attorney Craig R. Gestring, who handled the case, stated that Chan was sentenced to federal prison in January of 2016, following his conviction for conspiracy to commit mail fraud. After being taken into custody, law enforcement officers discovered that the defendant smuggled Oxycodone and Dextroamphetamine into his place of incarceration in the seams of his shirt, socks, and hidden in his shoes. Chan made multiple false statements in which he denied possessing any contraband to Deputy United States Marshals while being processed.
Chan was previously convicted of conspiracy to commit mail fraud for engaging in a scheme with others to defraud Rochester Electric and Gas by re-routing closed account payments. As a result of that scheme, the defendant obtained over $72,000, which he was ordered to repay.
Today’s sentencing is the culmination of an investigation conducted by the United States Marshals Service, under the direction of Marshal Charles Salina.
Poteau Woman Sentenced to 9 Months for Stolen Postal Money OrdersRead the Press Release
MUSKOGEE, OKLAHOMA - The United States Attorney’s Office for the Eastern District of Oklahoma announced that LONETTA NICHOLE CROSS, age 44, of Poteau, Oklahoma, was sentenced to 9 months imprisonment and 3 years supervised release for CONSPIRACY TO STEAL, POSSESS AND UTTER STOLEN UNITED STATES POSTAL MONEY ORDERS, in violation of Title 18, United States Code, Section 371; for POSSESSION OF STOLEN POSTAL MONEY ORDERS, in violation of Title 18, United States Code, Section 500; and for multiples counts of PASSING AND UTTERING OF STOLEN POSTAL MONEY ORDERS, in violation of Title 18, United States Code, Section 500.
The Indictment alleged that on or about December 24, 2015, and continuing thereafter until on or about January 13, 2016, in the Eastern District of Oklahoma and elsewhere, the defendant, did knowingly and willfully conspire, confederate and agree together, and with other persons both known and unknown to the Grand Jury, to commit offenses against the United States; namely, did knowingly steal, receive, possess, pass and utter, and attempt to pass and utter stolen United States Postal Service Money Order Forms with the intent to convert them to her own use or gain, and the use or gain of another, knowing said United States Postal Service Money Order Forms to have been stolen and converted.
The Indictment further alleged that on or about December 24, 2015, and continuing thereafter until on or about January 13, 2016, in the Eastern District of Oklahoma and elsewhere, the defendant, did knowingly receive and possess stolen and converted blank money order form provided by, and under the authority of, the United States Postal Service with the intent to convert it to her own use and gain and the use and gain of another.
The charges arose from an investigation by the Pocola Police Department, the Shady Point Police Department, the Leflore County Sheriff’s Office, and the United States Postal Service.
The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Kristin Harrington represented the United States.
Postal Employee Sentenced to More Than 9 Years in Prison for Stealing over $3 Million in Social Security ChecksRead the Press Release
Tampa, Florida – U.S. District Judge James Moody today sentenced Stacy Darnell Mitchell (48, Tampa) to nine years and one month in federal prison for theft of stolen government property and mail theft. As part of his sentence, the Court also entered a money judgment in the amount of $2,085,649.50 and ordered him to pay restitution to the Social Security Administration in the amount of $720,881.60. A federal jury found Mitchell guilty on January 11, 2017.
According to evidence presented at trial, Mitchell was a mail handler who had worked for more than 15 years at the Processing and Distribution Center (PDC) in St. Petersburg, which processes mail for all of Pinellas County. From January to October 2012, Mitchell stole Social Security benefit checks totaling over $3 million from that facility. More than 3,000 checks were taken from the PDC in 2012, all of which were destined for disabled or retired beneficiaries living in Pinellas County. Mitchell sold the checks to an accomplice in Tampa, who then sold the checks to a network of individuals to be cashed at various convenience stores and check cashing businesses in Florida and elsewhere. Four of those accomplices have been convicted of federal charges related to the same theft scheme.
This case was investigated by the United States Postal Service - Office of Inspector General, the Social Security - Office of the Inspector General, the United States Department of the Treasury - Office of Inspector General, and the United States Postal Inspection Service, as well as various local enforcement agencies. It was prosecuted by Assistant United States Attorney Patrick Scruggs.
Postal Employee Pleads Guilty to Stealing MailRead 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 Richard D’Arcy, Jr., 37, of Lancaster, NY, pleaded guilty to theft of mail by a postal employee before U.S. District Judge Lawrence J. Vilardo. The charge carries a maximum penalty of five years in prison and a $250,000 fine.
Assistant U.S. Attorney Marie P. Grisanti, who is handling the case, stated that on August 2, 2016, a U.S. Postal Service mail carrier discovered 52 pieces of mail, in delivery order, in a blue collection box on McKinley Parkway in Buffalo. It was determined that each of those pieces of mail were never delivered to Fisher Road (Route 53) in West Seneca, NY. Some of the mail was postmarked July 30, 2016, and was supposed to be delivered on August 1, 2016. The defendant delivered Route 53 on August 1, 2016. He also lived approximately a half of a mile from the blue mailbox in which the undelivered mail was discovered.
A review of the Global Positioning System (GPS) used to track the delivery of mail parcels showed that on August 1, 2016, D’Arcy drove through the portion of Route 53 on Fisher Road where the mail was supposed to be delivered. A comparison of the GPS data from the day before and the day after showed the postal carrier made many more stops and took much longer to deliver the same portion of Fisher Road.
A subsequent search of the defendant’s car uncovered multiple bundles of undelivered advertisements, placards, and First Class mail. D’Arcy opened some of the mail and took the contents, which included solicitations from various veterans groups, children's cancer foundations, and animal protection groups, which contained a $1 bill or other coin currency, seeking additional contributions from patrons.
The plea is the culmination of an investigation on the part of the United States Postal Service, Office of the Inspector General, under the direction of Special Agent in Charge Monica Weyler, Eastern Area Field Office, Philadelphia, PA.
Sentencing is scheduled for July 10, 2017, at 10:00 a.m. before Judge Vilardo.
Philadelphia Man Indicted for Armed RobberyRead the Press Release
HARRISBURG - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Dehaven Pollard, age 36, of Philadelphia, Pennsylvania, was indicted by a federal grand jury for robbing a local restaurant and using a firearm in furtherance of robbery.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Pollard and two unidentified accomplices drove from Philadelphia to Harrisburg to rob the Lancaster Brewing Company on November 12, 2016. The indictment also alleges that Pollard and his accomplices possessed a 32-caliber revolver and a Yugoslavian SKS rifle during, and in relation to, the robbery.
The case was investigated by the Swatara Township Police Department and the FBI Violent Crime Joint Taskforce. Assistant United States Attorney Chelsea Schinnour 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 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 is up to life 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.
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Ohio Men Sentenced to Prison for Racially Motivated Attack on StrangerRead the Press Release
Two Toledo, Ohio men were sentenced today to prison for beating an African-American stranger they saw on the street, announced by Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division, Acting U.S. Attorney David A. Sierleja and Special Agent in Charge Stephen D. Anthony of the FBI’s Cleveland Division.
Robert Paschalis, 25, was sentenced to two years in prison while Charles Butler was sentenced to seven years in prison. Both men pleaded guilty in November to violating the Shepard-Byrd Hate Crimes Prevention Act.
According to documents filed in connection with the case, on May 18, 2016, Paschalis and Butler drove past the victim, A.W., on the street while A.W. was unloading items from his truck. The two men circled back, got out of their own truck and began attacking A.W. while yelling racial slurs. Butler grabbed a broom from the back of A.W.’s truck and struck A.W. with it multiple times. Paschalis later admitted that the beating occurred because A.W. is African American. Paschalis said that, unlike Butler, he had not “earned” his swastika tattoo yet.
The beating stopped only when two off-duty police officers happened on the scene and pulled Butler and Paschalis away. A.W. suffered an orbital fracture and damage to his right eye. Butler later posted on Facebook that the attack was “in the name of the White Race.”
“This sentence sends a stern message to those who practice and advocate racial violence,” said Acting Assistant Attorney General Wheeler. “Robust prosecution of hate crimes is a priority for the Justice Department, and we will continue to vigorously enforce these laws.”
“Attacks like these have no place in our society,” Acting U.S. Attorney Sierleja said. “The victim in this case was minding his own business when he was jumped by two racists. They deserve the prison sentences they received today.”
“These individuals engaged in a violent assault against another person based on his race and are now being held accountable,” said Special Agent in Charge Anthony. “The FBI will continue to work with our law enforcement partners to ensure hate crimes are thoroughly investigated and prosecuted to the greatest extent of the law.”
This case was investigated by the FBI’s Toledo Resident Agency, in cooperation with the Toledo Police Department and the Lucas County Prosecutor’s Office. The case was prosecuted by Assistant U.S. Attorney Michael Freeman of the Northern District of Ohio, Trial Attorney Dana Mulhauser of the Civil Rights Division’s Criminal Section and Special Assistant U.S. Attorney Robert Miller.