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3 April 2017
New Jersey Resident Admits Attempting to Provide Material Support to TerroristsRead the Press Release
CAMDEN, N.J. – A New Jersey resident today admitted attempting to provide material support to terrorists, Acting U.S. Attorney William E. Fitzpatrick and Acting Assistant Attorney General for National Security Mary B. McCord announced.
Santos Colon Jr., 17, of Lindenwold, New Jersey, pleaded guilty as an adult before U.S District Court Judge Noel L. Hillman in Camden federal court to an information charging him with one count of attempting to provide material support to terrorists.
According to documents filed in this case and statements made in court:
Colon admitted that from June 30, 2015, to Aug. 14, 2015, he plotted to assassinate Pope Francis during the papal visit to Philadelphia in September 2015. The plot involved utilizing a sniper to shoot the Pope during his Papal mass and setting off explosive devices in the surrounding areas. Colon engaged someone he believed would be the sniper, but in reality was an undercover FBI employee. Colon engaged in target reconnaissance with an FBI confidential source and instructed the source to purchase materials to make explosive devices. FBI agents arrested Colon in 2015.
Acting U.S. Attorney Fitzpatrick and Acting Assistant Attorney General McCord credited special agents of the FBI’s South Jersey Resident Agency, under the direction of Special Agent in Charge Michael Harpster in Philadelphia, with the ongoing investigation leading to today’s guilty plea.
The count to which Colon pleaded guilty is punishable by a maximum potential penalty of 15 years in prison and a $250,000 fine, or twice the gross gain or loss from the offense. No date has been set for sentencing.
The government is represented by R. Stephen Stigall, Attorney-in-Charge of the Camden Branch Office of the U.S. Attorney’s Office, Assistant U.S. Attorney Patrick C. Askin, and Trial Attorney C. Alexandria Bogle of the National Security Division’s Counterterrorism Section.
Defense counsel: Richard Coughlin Esq., Camden
New Haven Man Sentenced to 9 Years in Prison for Role in Fraudulent Oxycodone Prescription SchemeRead the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that JULIAN CINTRON, also known as “Papi” and Jay,” 37, of New Haven, was sentenced today by U.S. District Judge Alvin W. Thompson in Hartford to 108 months of imprisonment, followed by three years of supervised release, for his leadership role in a scheme to distribute oxycodone that was obtained through fraudulent prescriptions.
According to court documents and statements made in court, in 2012, members of the Drug Enforcement Administration’s New Haven Tactical Diversion Squad began an investigation into a drug trafficking organization that manufactured fraudulent prescriptions for oxycodone and distributed the drug in the greater New Haven area. As part of the conspiracy, members of organization obtained the personal identifying information of medical practitioners and used the information to create fraudulent prescriptions. Conspiracy members also purchased legitimate prescriptions for oxycodone from individuals. The organization then used individuals, or “runners,” to fill the fraudulent prescriptions at pharmacies throughout Connecticut. Once a runner provided his or her personal information to a member of the organization, the runner’s information was kept on file and used to create other fraudulent prescriptions.
The investigation revealed that, between February 2013 and September 2015, the organization stole the personal identifying information of more than 50 doctors and medical professionals and fraudulently obtained more than 80,000 oxycodone pills. Investigators identified more than 800 fraudulent prescriptions passed by members of the organization using more than 270 different “patient” names.
Nearly all of the runners employed by the conspiracy held state-sponsored medical insurance, so the costs of the prescriptions were billed to Medicaid. Members of the drug trafficking organization then sold the oxycodone for $20 to $30 per 30 milligram pill.
Eleven individuals were charged as a result of the investigation.
CINTRON, David Thompson and Alejandrino DeJesus, all of New Haven, were key members of the organization who recruited and transported runners to fill fraudulent prescriptions.
CINTRON has been detained since his arrest on September 10, 2015. On that date, agents searched CINTRON’s residence and two of his vehicles and seized numerous items relating to this scheme, including fraudulent prescriptions bearing the names of different doctors and patients, ledgers containing doctors’ DEA numbers, blank prescriptions, full sheets of tamper proof paper, several computers, a printer, and more than 20 cell phones. Agents also seized small amounts of cocaine and suboxone.
On July 22, 2016, CINTRON pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute oxycodone.
Thompson and DeJesus also pleaded guilty. On November 7, 2016, DeJesus was sentenced to 132 months of imprisonment. Thompson awaits sentencing.
The DEA Tactical Diversion Squad includes members from the Bristol, Greenwich, Hamden, Milford, New Haven, Shelton, Vernon and Wilton Police Departments.
This case is being prosecuted by Assistant U.S. Attorneys Amy C. Brown and Robert M. Spector.
Mineral County man sentenced for illegal possession of a firearmRead the Press Release
MARTINSBURG, WEST VIRGINIA – Hawke Anthony Coffman, 26, of Ridgeley, West Virginia, was sentenced today to 12 months incarceration for illegally possessing a firearm, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Coffman, who had previously been convicted of felony offenses in West Virginia and Maryland, is prohibited from possessing a firearm. He admitted to possessing a .7mm caliber rifle in Hampshire County, West Virginia in November 2015.
Coffman pled guilty to one count of “Felon in Possession of a Firearm” in January 2017.
Assistant U.S. Attorney Paul T. Camilletti prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the West Virginia Division of Natural Resources investigated.
Chief U.S. District Judge Gina M. Groh presided.
Mexican Citizen Sentenced to 35 Years for Drug TraffickingRead the Press Release
KANSAS CITY, KAN. - A Mexican citizen unlawfully in the United States was sentenced Monday to 420 months for drug trafficking, U.S. Attorney Tom Beall said.
In July 2016, a federal court jury found Juan Antonio Herrera-Zamora, 33, guilty on one count of attempted possession with intent to sell methamphetamine, one count of possession with intent to sell methamphetamine and one count of unlawful possession of a firearm in furtherance of drug trafficking.
During trial, prosecutors presented evidence that Herrera-Zamora gave instructions via telephone to two men who drove 26 pounds of methamphetamine to Kansas from Oklahoma hidden in a spare tire of their car.
Herrera-Zamora met the men at a Super 8 in Lenexa. His girlfriend accompanied him and there was a baby in the backseat of his car. He hid a gun in the baby’s diaper bag. He took the keys to the car and drove it to a tire shop in Kansas City, Kan., where the tire was removed and cut open. He was arrested at that location.
Herrera-Zamora filed a sentencing memorandum seeking a lesser sentence and citing his upbringing in Guasave, Sinaloa, Mexico. “Mr. Herrera-Zamora comes from a low-income background and realized a great accomplishment by coming to this country when he was about thirteen years old,” the memo said.
Prosecutors cited Herrera-Zamora’s criminal record, starting with a conviction at 17 on two counts of theft and a later drug conviction, followed by twice being deported.
Beall commended the Drug Enforcement and Assistant U.S. Attorney David Zabel for their work on the case.
Mexican Citizen Sentenced for Illegal Re-Entry into United StatesRead the Press Release
ALBANY, NEW YORK – Juan Gonzalez Hernandez, age 26, of Mexico, was sentenced today to time served (27 days in jail) for illegally re-entering the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Thomas P. Brophy, Acting Director of the Buffalo Field Office of Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Gonzalez Hernandez admitted that he returned to the United States after he was removed to Mexico on April 28, 2012 and again on May 7, 2012.
On March 7, 2017, Gonzalez Hernandez was arrested by ICE Officers at a residence in Hudson Falls, New York.
Following his sentencing, Gonzalez Hernandez was remanded to the custody of the Department of Homeland Security, which will place Gonzalez Hernandez into removal proceedings.
This case was investigated by ICE-ERO and prosecuted by Assistant United States Attorney Edward P. Grogan.
Martinsburg man sentenced for unlawful possession of a firearmRead the Press Release
MARTINSBURG, WEST VIRGINIA – Marwin Uriah Wilson, 28, of Martinsburg, West Virginia, was sentenced today to 36 months incarceration for unlawful possession of a firearm, Acting United States Attorney Betsy Steinfeld Jividen announced.
Wilson, who was previously convicted of a felony offense of “Unlawful Wounding” in Berkeley County, admitted to possessing a .9mm pistol in March 2016. He pled guilty to one count of “Unlawful Possession of a Firearm” in December 2016.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Berkeley County Sheriff’s Office investigated.
Chief U.S. District Judge Gina M. Groh presided.
Lottery Winner Sentenced to 21 Years in Federal Prison for His Role in Drug Trafficking RingRead the Press Release
BRUNSWICK GA- Ronnie Music, Jr., 46, of Waycross, Georgia, was sentenced today by Chief U.S. District Court Judge Lisa Godbey Wood to 21 years in federal prison for his role in a drug trafficking conspiracy and for possessing a cache of firearms as a convicted felon. On July 22, 2016, Music pled guilty in federal court to conspiring to traffick large amounts of Methamphetamine and to being a felon in possession of firearms.
According to evidence presented in open court and in court filings, Music was a member of a multi-state drug organization that trafficked in kilogram quantities of crystal meth, also known as “Ice.” In February 2015, Music won $3 million in a scratch-off lottery game, which he then used to invest in kilograms of crystal meth to sell. In September 2015, federal agents arrested a number of Music’s conspirators who attempted to sell over 10 pounds of meth to undercover agents in a Winn Dixie parking lot in Brunswick, Georgia. Music was the supplier of the meth, and he watched nearby as his deal went south. Less than a month later, law enforcement arrested Music in Tennessee after he sold pounds of meth to a confidential informant. Music’s girlfriend and their infant daughter were passengers in the vehicle Music used to conduct the deal. Following his arrest, federal agents searched Music’s home and place of employment and seized 11 firearms, including assault style weapons, a prohibited sawed off shotgun and a stolen revolver. As a convicted felon, Music was prohibited from possessing firearms.
Acting U.S. Attorney Jim Durham said, “This case has received a great deal of light-hearted coverage because of Mr. Music’s unsound investment decision to buy crystal meth with his lottery winnings. The truth of the matter is this: Mr. Music is a predator who has destroyed lives by pushing poison and fear. As law enforcement and prosecutors, our job is to protect our communities by sending predators like Music to federal prison for a very long time.”
Tim Graden, ATF’s Savannah Field Office Resident Agent In Charge, stated, “ATF works to reduce violent crime by targeting and dismantling those criminal groups that pose the greatest threat to public safety. By working with federal, state, and local law enforcement agencies, ATF helps remove criminal organizations from our streets.”
As part of the investigation, law enforcement seized millions of dollars of meth, $517,485 cash, multiple vehicles, 11 firearms, and thousands of rounds of ammunition. Music forfeited the cash, vehicles, firearms and ammunition as part of his sentence. Twenty-one other defendants have been indicted and arrested for participating in this large-scale drug conspiracy. So far, 20 defendants, including Music, have been convicted.
This case was investigated as an Organized Crime Drug Enforcement Task Force (OCDETF) case, and involved the following agencies: The ATF, the DEA, the FBI, the U.S. Marshals Service, the Georgia Bureau of Investigation’s Southeastern Regional Drug Enforcement Office, the Glynn County Georgia Police Department, the Glynn-Brunswick Narcotics Enforcement Team (GBNET), the Ware County Sheriff’s Office and other local law enforcement agencies.
Assistant United States Attorneys E. Gregory Gilluly, Jr. and Theodore S. Hertzberg prosecuted the case on behalf of the United States. For questions, please call the United States Attorney’s Office at (912) 201-2547.
Kansas City Man Sentenced for Robbing Bank in Prairie VillageRead the Press Release
KANSAS CITY, KAN. - A Kansas City man was sentenced Monday to 63 months in federal prison for robbing a bank in Prairie Village, Kan., U.S. Attorney Tom Beall said.
Darrell Hunter, 51, Kansas City, Mo., pleaded guilty to one count of bank robbery. He admitted that on Dec. 26, 2014, he robbed United Missouri Bank at 6900 Mission Road in Prairie Village
In his plea, Hunter admitted he entered the bank and asked for a deposit slip. He wrote on the slip, “This is a robbery I got a gun put the money in the bag.” He put the money in a duffle bag and left the bank.
Beall commended the FBI, the Prairie Village Police Department and Assistant U.S. Attorney Tris Hunt for their work on the case.
Justice Department Requires Divestiture of Danone’s Stonyfield Farms Business in Order for Danone to Proceed with WhiteWave AcquisitionRead the Press Release
The Department of Justice announced today that it will require Danone S.A. to divest Danone’s Stonyfield Farms business in order for Danone to proceed with its $12.5 billion acquisition of The WhiteWave Foods Company Inc. The department said that, without the divestiture, the proposed acquisition likely would reduce competition between the two leading participants and top brands in the markets for raw and fluid organic milk, potentially harming dairy farmers in the northeast and U.S. consumers of fluid organic milk.
The Justice Department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the District of Columbia to block the proposed transaction. At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the department’s competitive concerns.
“The proposed acquisition would have blunted competition between the top two purchasers of raw organic milk in the northeast and the producers of the three leading brands of organic milk in the United States,” said Acting Assistant Attorney General Brent Snyder of the Justice Department’s Antitrust Division. “Today’s proposed settlement will ensure competitive marketplaces for both farmers in the northeast that sell raw organic milk and consumers who purchase fluid organic milk in stores nationwide.”
According to the department’s complaint, as a result of Danone’s long-term strategic partnership and supply and licensing agreements with WhiteWave’s primary competitor, CROPP Cooperative (CROPP), the proposed acquisition would have provided incentives and opportunities for cooperative behavior between the two leading purchasers of raw organic milk in the northeast. This cooperation likely would have resulted in farmers receiving less favorable contract terms for the purchase of their raw organic milk. Similarly, the proposed acquisition would have aligned the interests of the producers of Stonyfield, Horizon and Organic Valley, the only three national fluid organic milk brands, and risked higher prices and fewer choices for U.S consumers.
Under the terms of the proposed settlement, Danone must divest its Stonyfield Farms business to an independent buyer approved by the United States. The department said that the divestiture will sever Danone’s and CROPP’s strategic partnership thereby eliminating the entanglements between CROPP and the merged firm. As a result, the divestiture will preserve competition for the purchase of raw organic milk from northeast dairy farmers and the sale of fluid organic milk to consumers.
Danone is a France-based global food company that produces and sells a wide range of food products. Danone’s annual sales for 2015 were approximately $24.3 billion. Stonyfield Farms Inc., a subsidiary of Danone, is a Delaware corporation headquartered in Londonderry, New Hampshire. Stonyfield Farms produces and sells a range of organic dairy products.
WhiteWave is a Delaware corporation headquartered in Denver, Colorado. WhiteWave produces and sells a range of organic dairy products, including organic fluid milk, yogurt and cheese. WhiteWave had $3.86 billion in sales in 2015.
As required by the Tunney Act, the proposed consent decree, along with the department’s competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Maribeth Petrizzi, Chief, Litigation II Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street, N.W., Suite 8700, Washington, D.C. 20530. At the conclusion of the 60-day comment period, the court may enter the final judgment upon a finding that it serves the public interest.
Danone Complaint Danone Explanation of Consent Danone HSSO & PFJJustice Department Cautions Employers Seeking H-1B Visas Not to Discriminate Against U.S. WorkersRead the Press Release
The Justice Department cautioned employers petitioning for H-1B visas not to discriminate against U.S. workers. The warning came as the federal government began accepting employers’ H-1B visa petitions for the next fiscal year. The H-1B visa program allows companies in the United States to temporarily employ foreign workers in specialty occupations such as science and information technology.
The anti-discrimination provision of the Immigration and Nationality Act (INA) generally prohibits employers from discriminating against U.S. workers because of their citizenship or national origin in hiring, firing and recruiting. Employers violate the INA if they have a discriminatory hiring preference that favors H-1B visa holders over U.S. workers.
“The Justice Department will not tolerate employers misusing the H-1B visa process to discriminate against U.S. workers,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division. “U.S. workers should not be placed in a disfavored status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims.”
The division’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to discrimination based on their citizenship, immigration status, or national origin in hiring, firing or recruitment or referral, should contact IER’s worker hotline for assistance.
Inland Empire Dentist Pleads Guilty to Possessing Child Pornography and Admits Distributing Images on Computer NetworkRead the Press Release
RIVERSIDE, California – A dentist who formerly lived and worked in Temecula pleaded guilty this afternoon to possession of child pornography, including videos of children under the age of 10 engaged in sexually explicit conduct.
Milan Irvin, 34, who currently resides in Rancho Cucamonga, pleaded guilty this afternoon to one count of possession of child pornography and admitted in a plea agreement that he “downloaded, received, possessed and distributed images and videos of child pornography using the internet.”
Irvin specifically admitted possessing a sexual explicit video depicting a girl under 10 and distributing another video involving a girl between 10 and 12. Irvin possessed approximately 200 images and 50 videos of child pornography on a computer.
Irvin pleaded guilty today before United States District Judge Jesus G. Bernal, who scheduled a sentencing hearing for July 10.
The charge of possession of child pornography carries a statutory maximum sentence of 20 years in federal prison. The plea agreement calls for a prison sentence of three years to five years, to be followed by 10 years of supervised release. The actual sentence will be determined by Judge Bernal, but if the court decides to deviate from the agreed-upon sentence, both parties have the option to withdraw from the plea agreement and proceed to trial.
Once he completes his prison sentence in this case, Irvin will be required to register as a sex offender and will be prohibited from associating with people under the age of 18.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), which received substantial assistance from the Riverside County District Attorney’s Office, Sexual Assault Felony Enforcement (SAFE) Team. Irvin came to the attention of investigators during an undercover investigation involving the Ares peer-to-peer network.
This case is being prosecuted by Special Assistant United States Attorney Teresa K.B. Beecham.
Indian Man Pleads Guilty to Use of a False PassportRead the Press Release
PLATTSBURGH, NEW YORK – Manish Patel, age 43, and a citizen of India, pled guilty today to use of a false passport, announced United States Attorney Richard S. Hartunian.
As part of his guilty plea, Patel admitted to presenting a forged Indian passport to Border Patrol agents in the early-morning hours of January 20, 2017. Patel used the forged passport –which was in another person’s name, but bore Patel’s photograph – to fly from India to Toronto, by way of London, prior to illegally entering the United States.
Sentencing is scheduled for August 16, 2017 at 11:30 a.m. before Senior United States District Judge Norman A. Mordue. Patel faces up to 10 years in prison and up to 3 years of post-imprisonment supervised release, and a $250,000 fine. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Border Patrol and Homeland Security Investigations, and is being prosecuted by Assistant U.S. Attorney Cyrus P.W. Rieck.
Harrisburg Man Charged with Three Armed RobberiesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Maurice L. Ross, age 34, of Harrisburg, Pennsylvania, was indicted on March 29, 2017, by a federal grand jury with unlawful possession of a firearm and three armed robberies.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Ross robbed the Brookwood Mart, located in Harrisburg, by gunpoint on three separate occasions in December 2016. The indictment also alleges Ross was a convicted felon, making it illegal for him to possess a firearm. Ross was also charged with brandishing a firearm during a crime of violence.
The case was investigated by the Harrisburg Police Department. Assistant United States Attorney James T. Clancy is prosecuting the case.
This case was brought as part of the Violent Crime Reduction Partnership (“VCRP”), a district wide initiative to combat the spread of violent crime in the Middle District of Pennsylvania. Led by the United States Attorney’s Office, the VCRP consists of federal, state and local law enforcement agencies whose mission is to locate, apprehend, and prosecute individuals who commit violent crimes with firearms.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for each of the unlawful possession of firearm charges is 10 years in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for each of the armed robbery charges is 20 years in prison, a term of supervised release following imprisonment, and a fine. The maximum penalty for each charge of brandishing a firearm during a crime of violence is life in prison. 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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Guilty Plea in Marijuana Cultivation Operation in Sequoia National ForestRead the Press Release
FRESNO, Calif. —Juan Penaloza-Ramirez, aka Juan Penaloza-Herrera, aka Juan Penaloza (Penaloza), 46, of Michoacán, Mexico, residing in Taft, California, pleaded guilty today to conspiring to manufacture, distribute and possess with intent to distribute marijuana grown at three separate marijuana cultivation sites in the Sequoia National Forest, U.S. Attorney Phillip A. Talbert announced. In pleading guilty, Penaloza agreed to pay $10,198 to the U.S. Forest Service for the damage to public land and natural resources caused by the cultivation activities.
According to court documents, Penaloza employed growers, deliverymen, and others to cultivate marijuana at Fay Creek, Brush Creek, and The Needles in the Sequoia National Forest in Tulare and Kern Counties. Every winter, Penaloza traveled to Mexico to recruit people to grow marijuana on public lands in the United States.
At the Fay Creek cultivation site, springs were dammed and diverted to irrigate the marijuana plants and large amounts of trash were scattered throughout the site, including in a flowing stream. Law enforcement officers seized 3,151 marijuana plants from this location. In pleading guilty, Penaloza agreed to the forfeiture of firearms and ammunition seized during a search of his home.
The Brush Creek grow site contained 2,719 marijuana plants. To make room for the marijuana plants, the growers had eradicated new vegetation and trees that sprouted after the 2002 McNally Fire. Law enforcement officers found large piles of trash stuffed between boulders and buried along a stream that supports trout. The officers also found toxic pesticides from Mexico and fertilizers spread throughout the 10-acre site.
The Needles grow site contained 2,608 marijuana plants. In addition to the presence of toxic chemicals and waste, officers found that the water source for the marijuana plants had been derived from a spring that drains into the Upper Kern River.
This case is the product of an investigation by the U.S. Forest Service, the U.S. Drug Enforcement Administration, the Bureau of Land Management, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Southern Tri-County High Intensity Drug Trafficking Area (HIDTA) task force, the California Department of Justice’s Campaign Against Marijuana Planting (CAMP), and the Kern County Sheriff’s Office. Assistant United States Attorney Karen Escobar is prosecuting the case.
Penaloza is scheduled for sentencing before U.S. District Judge Dale A. Drozd on June 19, 2017. Penaloza faces a mandatory minimum statutory penalty of five years in prison and a maximum statutory penalty of 40 years in prison and a $5 million fine. 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.
Co-defendant Russell Lee Riggs, 68, of Weldon, California is scheduled for a status conference on May 8, 2017. The charges against Riggs are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Georgia man indicted for selling heroin in the Youngstown areaRead the Press Release
A Georgia man was arrested on federal charges that he sold heroin in the Youngstown area, said Acting U.S. Attorney David A. Sierleja.
Richard E. North, Jr., 47, of Lithonia, Georgia, was charged in a five-count indictment with distribution of heroin and with travelling in interstate commerce to facilitate the distribution of heroin.
North sold heroin in the Youngstown area on multiple dates in October and November 2016. He also travelled from Ohio to Tennessee on Nov. 7 with the intent to distribute heroin, according to the indictment.
If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.
The investigation preceding the indictment was conducted by the Federal Bureau of Investigation and the Mahoning Valley Law Enforcement Task Force. The case is being prosecuted by Assistant United States Attorney David M. Toepfer.
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.
Gameday Entertainment Chairman of the Board Pleads Guilty to Defrauding San Antonio Victim of Millions of DollarsRead the Press Release
In San Antonio today, 49-year-old Charles Augustus Banks, IV, an executive with Gameday Entertainment, LLC (Gameday), admitted to defrauding a San Antonio victim of millions of dollars announced United States Attorney Richard Durbin, Jr., and FBI Special Agent in Charge Christopher Combs, San Antonio Division.
According to the superseding indictment in this case, Banks encouraged the victim to loan $7.5 million to Gameday in 2012. Subsequently, Banks encouraged the victim to personally guarantee another $6 million loan made to Gameday by Comerica Bank in 2013. During this time frame, Banks was Chairman of the Board of Gameday and personally benefitted, in the form of millions of dollars in loans and commissions, from the proceeds of these loans made to Gameday.
Appearing before United Stated District Judge Fred Biery this morning, the 49-year-old investment counselor pleaded guilty to count two of the superseding indictment pending against him--wire fraud. By pleading guilty, Banks admittedly manipulated the victim into guaranteeing Gameday’s $6 million debt by misrepresenting the true nature of the transaction. Furthermore, Banks failed to fully disclose the commissions, payments and loans he was receiving from Gameday that were specifically tied to these transactions. On June 26, 2013, Banks also caused two pages relating to the $6M loan guarantee and subordination agreements, which contained his victim’s signature, to be faxed from San Antonio to Bank’s employees in California and Comerica bank employees in California.
Banks remains on bond pending sentencing scheduled for 9:00am on June 27, 2017. He faces up to 20 years in federal prison, a fine of up to $250,000 and restitution to his victim.
The FBI is conducting this investigation. Assistant United States Attorney Gregory J. Surovic and Tom Moore are prosecuting this case on behalf of the Government.
Former physician sentenced to federal prison for obtaining pain pills by fraudRead the Press Release
HUNTINGTON, W.Va. – A former physician who practiced in Barboursville was sentenced today to six months in federal prison for a drug charge, announced United States Attorney Carol Casto. Gregory Donald Chaney, 52, entered his guilty plea to obtaining a controlled substance by fraud.
Chaney was the owner of Tri-State Medical Center, which is now out of business. On December 1, 2015, Chaney wrote a prescription for one of his employees for 120 thirty milligram oxycodone pills. Chaney admitted that he wrote the prescription without any physical examination of the employee and without medical necessity. Chaney then instructed the employee to have the prescription filled at Ross Drug Pharmacy in Ceredo in Wayne County. Prior to having the prescription filled, it was agreed between Chaney and the employee that the pills would be turned over to him in exchange for approximately $830 in lieu of unpaid wages. The next day, the employee had the prescription filled and gave the pills to Chaney in exchange for the money as planned. Chaney admitted that he wrote the prescription with the intent to illegally obtain oxycodone and to conceal the true recipient of the pain pills.
The Drug Enforcement Administration conducted the investigation. Assistant United States Attorney R. Gregory McVey handled the prosecution. Chief United States District Judge Robert C. Chambers imposed the sentence.
This prosecution was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Former St. Croix Resident Pleads Guilty to Federal Program Fraud and Tax ChargesRead the Press Release
St. Thomas, USVI – Celeste P. Bermudez, 41, formerly of St. Croix, pleaded guilty today to theft of federal program funds and making and subscribing a false income tax return, Acting United States Attorney Joycelyn Hewlett announced. District Judge Curtis V. Gomez allowed Bermudez to remain on bail until August 1, 2017, when she must self-surrender to the United States Marshals Service. Sentencing is scheduled for August 8, 2017.
According to the plea agreement, Bermudez was the finance director of the Virgin Islands Community AIDS Resource & Education, Inc. (VICARE), a nonprofit organization dedicated to promoting HIV-AIDS education and support services to individuals living with HIV-AIDS. In 2011, the U.S. Department of Housing and Urban Development (HUD) approved approximately $1.3 million in grant funds to VICARE. During the period July 1, 2011, through June 30, 2014, the Department of Health and Human Services (HHS) Centers for Disease Control and Prevention (CDC) awarded VICARE approximately $627,365 in grant funds. Bermudez admitted to embezzling more than $5,000 during the period January 2012 through December 2013. Bermudez also admitted to making and subscribing a false 2011 income tax return, in that Bermudez failed to report $135,783.29 in 2011 income from VICARE.
Bermudez faces a maximum sentence of 10 years in prison and a $250,000 fine for the federal program fraud charge, and not more than three years in prison or a $5,000 fine, or both, for the tax charge.
The case was investigated by HUD Office of Inspector General, HHS Office of Inspector General, and the Internal Revenue Service, Criminal Investigations. It is being prosecuted by Assistant U.S. Attorneys Kim L. Chisholm and Meredith Edwards.
Former Owners of Russell Springs Lab Convicted of Seventeen Counts of Health Care FraudRead the Press Release
FRANKFORT, Ky. – On Friday, a federal jury convicted five former owners of PremierTox, a clinical laboratory in Russell Springs, Kentucky, of seventeen counts of health care fraud, each. The defendants were acquitted on various other counts that alleged related conduct. The seventeen counts of conviction related to medically unnecessary urine drug tests, which were submitted by the defendants’ laboratory to Anthem Blue Cross/Blue Shield with the intent to defraud the health insurer.
The evidence at trial established that Dr. Bryan Wood and Dr. Robin Peavler owned a chain of addiction treatment clinics called SelfRefind, headquartered in Danville, Kentucky. Patients at SelfRefind underwent urine drug testing as part of their treatment protocol. The urine drug testing consisted of screening tests, which indicated whether a drug was in the patient’s system, as well as more sophisticated and precise confirmation tests that were ordered when the treating physician felt it was necessary. At trial, all of the physician witnesses testified that they needed the confirmation test results by the time the patient came in for their next visit.
Until late 2010, SelfRefind used independent labs that returned test results within a week. In late 2010, Drs. Wood and Peavler joined Brian Walters, James Wesley Bottom, and Dr. Robert Bertram, Jr., to form PremierTox, a urine drug testing laboratory. Beginning in October 2010, Dr. Wood and Dr. Peavler directed SelfRefind to freeze its patients’ urine samples and then send them to PremierTox, where they were maintained in a storage facility that PremierTox actually referred to as the “Pee Palace.” As many as 10,000 frozen urine samples were stored in this facility. However, the five owners of the lab – Dr. Wood, Dr. Peavler, Dr. Bertram, Walters, and Bottom – did not have the testing equipment installed until January 2011, and did not begin conducting confirmation tests until April 2011. The evidence established that the significant delay in testing rendered many of the confirmation urine tests useless in the treatment of the SelfRefind patients, and medically unnecessary.
The evidence further established that once PremierTox began testing, the owners prioritized the testing of samples based on eligibility for reimbursement from particular insurance companies. Medicaid and Medicare patients’ samples got tested first, because PremierTox was enrolled with those insurers. PremierTox was not enrolled as a health care provider with Anthem insurance company until August 2011. Immediately after it became eligible to bill Anthem, it removed Anthem patients’ urine samples from the freezers, tested them, and billed the insurer. Some of the Anthem patient samples were actually tested nine to eleven months after they had been collected, and long after they had any value in treating the patient. The jury concluded that Dr. Wood, Dr. Peavler, Dr. Bertram, Walters, and Bottom each acted with specific intent to defraud Anthem, by billing for these long-delayed, medically unnecessary tests.
“Health care fraud victimizes us all, by improperly depleting the critical resources necessary to pay health care costs and, as in this case, by seeing medical professionals brazenly place their financial interests above medical necessity in the treatment of patients,” said Carlton S. Shier, IV, Acting United States Attorney for the Eastern District of Kentucky. “We will continue to make protecting the health care system from fraud a priority, as it promotes better care, places care over greed, and benefits every one of us.”
Sentencing of the defendants is scheduled for August 9, 2017. Any sentence imposed by the district court will be based on relevant facts of the defendants’ conduct and will take into account the U.S. Sentencing Guidelines.
Acting U.S. Attorney Shier and Derrick L. Jackson, Special Agent in Charge of the Department of Health and Human Services, Office of Inspector General’s Atlanta Regional Office, jointly announced the verdict. Assistant U.S. Attorneys Kate K. Smith and Paul C. McCaffrey prosecuted the case on behalf of the government.
Former Fresno CEO Sentenced to a Year in Prison for Embezzling over $500,000 from Pension PlanRead the Press Release
FRESNO, Calif. — U.S. District Judge Dale A. Drozd sentenced Mary Williams, 70, of Fresno, today to one year in prison for embezzling from a pension plan, U.S. Attorney Phillip A. Talbert announced. Judge Drozd ordered Williams to pay $509,405 in restitution to the Pension Benefit Guaranty Corporation (PBGC).
According to court documents, Williams was the Chief Executive Officer of Aeroplate Corporation, an engineering and contracting firm in Fresno. From June 2011 to November 2016, Williams embezzled approximately $509,000 from a pension plan that Aeroplate established for its employees. One of the fund’s assets was a set of real estate parcels in Fresno that at one point was appraised at over $900,000 in value. Williams pleaded guilty to the embezzlement on January 17, 2017.
Under federal law, assets that belong to pension plans can only be used to fund the plan, which must pay future benefits to employees, and not the business that started the plan.
According to the plea agreement, Williams and the company used the properties to raise money for the company. Eventually, the company was unable to repay its loans, and the properties were foreclosed on. The fund became insolvent because it did not have enough money to pay expected benefit claims. However, the plan’s benefits are federally insured by the Pension Benefit Guaranty Corporation, which protects employees from losing their benefits when their plans are insolvent.
This case was the product of an investigation by the U.S. Department of Labor’s Employee Benefit Security Administration. Assistant U.S. Attorney Michael G. Tierney prosecuted the case.
Former Fresno Bank of America Manager Pleads Guilty to Embezzling at Least $100,000 from BankRead the Press Release
FRESNO, Calif. —Sylvia Ochoa, 34, of Fresno, pleaded guilty today to embezzlement by a bank employee, United States Attorney Phillip A. Talbert announced.
According to court documents, Ochoa was the manager of a Bank of America branch on Tulare Street in downtown Fresno. On multiple occasions in 2013, Ochoa entered the bank vault after other employees had left for the day and removed cash without authorization. Ochoa used the money to purchase items for herself and her boyfriend, including designer handbags and a truck that she purchased for $24,000 in cash. Ochoa also caused Bank of America to electronically credit accounts that she set up. For example, Ochoa transferred at least $69,000 of Bank of America’s money into her boyfriend’s bank account. Ochoa admitted that she embezzled at least $100,000 from Bank of America during this time.
This case was the product of an investigation by the Federal Bureau of Investigation and the Fresno Police Department. Assistant United States Attorney Michael G. Tierney is prosecuting the case.
Ochoa is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on July 11, 2017. Ochoa faces a maximum statutory penalty of 30 years in prison and a $1 million fine. 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.
Former Charlotte-Area Mail Carrier Pleads Guilty to Mail Theft in Connection with Jamaican-based Lottery Fraud SchemeRead the Press Release
CHARLOTTE, N.C. – Antonio Terrell Brown, 31, of Charlotte, a former Charlotte-area mail carrier, appeared before U.S. Magistrate Judge David Keesler today and pleaded guilty to mail theft for his involvement in a Jamaican-based lottery fraud scheme, announced Jill Westmoreland Rose, U.S. Attorney for the Western District of North Carolina.
According to today’s guilty plea and court documents filed in the case, from 2005 to June 2016, Brown was employed as a mail carrier with the U.S. Postal Service, and was assigned to deliver mail on a rural route in Charlotte. Court records show that in or about January 2015, Brown was approached by an individual about the possibility of diverting packages from his mail route. Brown agreed to divert the packages in exchange for cash, and provided the individual with a list of addresses to be used for the intercepted packages. According to court records, the intercepted packages contained drugs and cash, which was the proceeds of a Jamaican-based sweepstakes lottery scam.
According to the factual basis filed with his plea agreement, Brown received text messages from the individual, alerting Brown when drug- or cash-laden packages were placed in the mail for delivery to Brown’s route. These texts contained the postal service tracking numbers and delivery addresses for the packages, and instructions on how to deliver the packages to other individuals. Brown intercepted the packages and delivered them to various individuals who approached him on his route. Court records indicate that Brown received approximately $200-$250 for each package he intercepted on his mail route.
According to court records, in or about January 2016, a victim referred to in court documents as “M.A.,” mailed approximately $41,000 in cash to Peter Brown, at an address on Pinewood Drive in Charlotte. The address was one of the addresses that Brown had provided to the individual to be used for the intercepted packages. Brown intercepted the package and delivered it to someone else. Brown then falsely marked the package as “delivered.” The $41,000 contained in the intercepted package was the proceeds of a Jamaican-based lottery sweepstakes scam.
Brown agreed in court documents that the amount of loss that was known or personally foreseeable to him was between $150,000 to $250,000. The offense involved 10 or more victims, court documents indicate.
Brown is currently released on bond. The mail theft charge carries a maximum prison term of five years and a $250,000 fine. Brown has also agreed to pay restitution, the amount of which will be determine by the Court. A date for Brown’s sentencing hearing has not been set yet.
In making today’s announcement, U.S. Attorney Rose thanked the U.S. Postal Inspection Service in Charlotte, under the direction of Inspector in Charge David M. McGinnis, and the U.S. Postal Service, Office of Inspector General, under the direction of Area Special Agent in Charge Paul L. Bowman, for leading the investigation into Brown.
Assistant U.S. Attorney Kelli Ferry, of the U.S. Attorney’s Office in Charlotte, is prosecuting the case.
Fifteen Firearms Cases Filed in St George Area in First Three Months of 2017Read the Press Release
ST. GEORGE – Federal prosecutors working in the U.S. Attorney’s Office in St. George have filed 15 firearms cases since the beginning of 2017. Partnering with local police officers, task forces, and federal agents, their efforts are targeting individuals prohibited under federal laws from possessing firearms or ammunition.
“Federal firearms laws are a valuable tool to we use to reduce violent crime and protect Utah communities. The majority of defendants in these cases have previous felony convictions and many are charged with possession of drugs or violations of other federal laws in addition to the firearms count,” U.S. Attorney John W. Huber said today. “We recognize and appreciate the diligent work of local law enforcement officers and task forces, federal agents, and other partners in preparing these cases for prosecution.”
Examples of the cases filed in St. George this year include:
US v William Henry Woods
Woods, age 38, of Tennessee, was charged with felon in possession of a firearm and possession of counterfeit currency in an indictment returned Feb. 1, 2017. According to a complaint filed in the case, a deputy from the Washington County Sheriff’s Office stopped a car in Washington City, Utah, for traffic violations. There were three individuals in the car – the male driver and two females. The driver provided the deputy with a driver’s license. The picture on the license did not resemble the driver.
While a deputy was checking the license, the driver drove away. He went a short distance before driving off the road. He then fled on foot. One of the passengers told the deputy the driver likely had a firearm in the vehicle or on his person. During a subsequent search of the vehicle, officers found a loaded Sig Sauer P938 9mm pistol. Records show the pistol was reported stolen in Memphis, TN. Officers also located about 42 $50 bills in the vehicle’s center console. Each of the bills shared one of four serial numbers. The driver, identified as Woods, was arrested by the officers. He was on federal supervised release in Tennessee after recently completing a 10-year prison sentence for another firearms violation. Woods pleaded guilty to the firearms count in the indictment on March 27. Sentencing is set for Aug. 7, 2017, at 1:30 p.m. in St. George before U.S. District Judge Ted Stewart. He faces up to 10 years in federal for the firearms conviction.
Deputies in the Washington County Sheriff’s Office and special agents of the FBI are investigating the case. Assistant U.S. Attorneys in St. George are prosecuting the case.
US v Verne Francis Holmes, III
Holmes, age 47, of St. George, was indicted in March on one count of felon in possession of a firearm and ammunition. He came to law enforcement’s attention in January after setting off a shoplifting alarm in a department store. After he was confronted by store employees, Holmes left the store. He got into a vehicle driven by a woman. Employees called the police. Eventually, the car Holmes was a passenger in entered the parking lot of a St. George restaurant. Holmes began shuffling property in the car and removed the license plate. An off-duty detective from Salt Lake City was observing his activities. The detective became suspicious watching Holmes’ actions.
Holmes was located hiding behind the restaurant. Officers found .22 caliber ammunition in a backpack in his possession. During a search of the car, officers located more ammunition and a Hi-Standard .22 caliber revolver. A writ has been issued for Holmes to appear in federal court in St. George on the charges. He faces up to 10 years in federal prison if convicted.
St. George police officers and special agents of the ATF are investigating the case. Assistant U.S. Attorneys in the U.S. Attorney’s Office in St. George are prosecuting the case.
US v Clinton Michael Johnson
Johnson, age 39, of Cedar City, was stopped by a Cedar City Police Officer for a traffic violation on Nov. 14, 2016. According to a complaint filed in the case, the officer detected the odor of marijuana. Johnson could not provide proof of insurance for the vehicle said he could call the owner of the vehicle who would bring the proof of insurance for the vehicle to the officer. While waiting for the owner to arrive, an Iron County deputy sheriff arrived with his K-9. The dog alerted to the presence of narcotics inside the vehicle. A search of the vehicle found a small amount of methamphetamine, two digital scales, and numerous small plastic baggies. A loaded .45 caliber handgun was located under the floor mat of the seat where Johnson had been sitting. Winchester .45 caliber ammunition was also found in the car.
On the same day as his arrest, Johnson was supposed to report to a U.S. Bureau of Prisons facility to begin serving a 40-month sentence imposed by U.S. District Judge Stewart in September 2016. The federal complaint for the new conduct was filed Jan 6, 2017, and he was charged in a Felony Information with felon in possession of ammunition and possession of methamphetamine on Jan. 17, 2017. Although ATF has yet to determine whether the firearm Johnson possessed traveled in interstate commerce, the ammunition was not manufactured in the State of Utah.
Johnson pleaded guilty to possession of the ammunition on Feb. 27, 2017. He faces up to 10 years in federal prison when he is sentenced by U.S. District Judge Ted Stewart in May.
Officers of the Cedar City Police Department, deputies from the Iron County Sheriff’s Office, and special agents of the DEA are investigating the case. Assistant U.S. Attorneys in the U.S. Attorney’s Office in St. George are prosecuting the case.
Fairlawn, New Jersey, Tax Preparer Pleads Guilty to Tax FraudRead the Press Release
NEWARK, N.J. – A Fairlawn, New Jersey, tax preparer today admitted preparing fraudulent income tax returns on behalf of her clients, causing losses of over $130,000, Acting U.S. Attorney William E. Fitzpatrick announced.
Shirley Arias, a/k/a “Shirley Zambrano,” 43, pleaded guilty before U.S. District Judge Esther Salas in Newark federal court to an information charging her with one count of aiding and assisting others in the preparation of false and fraudulent tax returns.
According to documents filed in this case and statements made in court:
Arias was an owner and operator of Santos & Associates in Union City, New Jersey. For the tax years 2012 through 2014, Arias assisted in the filing of income tax returns based on false information. She used a number of fraudulent practices, including falsely claiming deductions and fabricating educational credits in order to obtain refunds for her clients in amounts greater than those to which they were entitled. The bogus returns resulted in a tax loss to the government of approximately $130,279.
The charge to which Arias pleaded guilty carries a maximum potential penalty of three years in prison and a $250,000 fine. Sentencing is scheduled for July 25, 2017.
Acting U.S. Attorney Fitzpatrick credited special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Jonathan D. Larsen, and special agents of the U.S. Postal Inspection Service, under the direction of Inspector in Charge James V. Buthorn, with the investigation leading to today’s guilty plea. He also thanked special agents with the U.S. Secret Service, under the direction of Special Agent in Charge Mark McKevitt in Newark, for their assistance.
The government is represented by Assistant U.S. Attorney Jason S. Gould of the U.S. Attorney’s Office in Newark.
Defense counsel: Katey Theurer Esq., Jersey City, New Jersey
Fairbanks Woman Sentenced to 70 Months in Federal Prison for Heroin and Methamphetamine Trafficking in the InteriorRead the Press Release
Fairbanks, Alaska – Acting U.S. Attorney Bryan Schroder announced today that a Fairbanks woman was sentenced in federal court in Fairbanks for one count of trafficking heroin and methamphetamine.
Maria Laren Henry, 31, of Fairbanks, Alaska, was sentenced on Friday by Senior U.S. District Judge Ralph R. Beistline, to 70 months in prison, to be followed by five years of supervised release.
According to Assistant U.S. Attorney Andrea Hattan, who prosecuted the case, Henry’s drug trafficking came to authorities’ attention on July 12, 2016, after the defendant caused a single vehicle accident in Fairbanks, Alaska, at around 10 o’clock that Tuesday morning. The defendant, driving at a high rate of speed on Chena Pump Road, crossed the centerline and veered into oncoming traffic, nearly hitting three vehicles, and then crossed the adjoining bike path and struck several mailboxes. The defendant was transported by ambulance to Fairbanks Memorial Hospital for medical attention, where the defendant was found in possession of 27.5 grams of heroin and 21.5 grams of pure methamphetamine. Specifically, the heroin was inside a plastic container that the defendant was clutching in her hand and the methamphetamine was discovered inside her when medical professionals prepared her for surgery. Thereafter, the Alaska State Troopers Fairbanks Statewide Drug Enforcement Unit (AST SDEU) obtained a search warrant for the defendant’s impounded vehicle and found inside, among other things, a loaded .9mm handgun in the defendant’s jacket pocket, 100 clear plastic baggies resembling the baggie containing methamphetamine that was removed from the defendant’s body on July 12, a cell phone containing numerous incriminating text messages and other information, prescription pills belonging to a third party, as well as ample indicia of heroin and other drug use.
During the sentencing hearing, Judge Beistline noted the defendant’s extensive criminal history, including a prior drug offense involving the defendant trying to hit a cop with her car and several 2016 burglary charges that arose in the Fairbanks and North Pole area.
Acting U.S. Attorney Schroder also wishes to commend the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Alaska State Troopers Fairbanks Statewide Drug Enforcement Unit for their investigation of this case.
Edwardsville Man Sentenced to 87 Months’ Imprisonment for Heroin Trafficking and Firearms OffensesRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that on March 28, 2017, United States District Court Judge Robert Mariani sentenced Louis Angel Soto, age 27, of Edwardsville, Pennsylvania, to 87 months’ imprisonment for possessing with intent to distribute heroin, and for possessing a firearm in furtherance of his drug trafficking activities.
According to United States Attorney Bruce D. Brander, Soto was arrested with heroin, marijuana, and a loaded .40 caliber Smith & Wesson semi-automatic pistol after a search warrant was executed at his home by the Drug Enforcement Administration.
Soto was indicted by a grand jury on November 10, 2015, and pleaded guilty pursuant to a plea agreement on March 18, 2016. He has been in custody since his arrest.
The case was investigated by the Drug Enforcement Administration, working in conjunction with the Wilkes-Barre Police Department. Assistant United States Attorney Evan Gotlob prosecuted 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.
This case was also brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
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Doctor, Pharmacist and Recruiter Sentenced in Opioid Diversion ConspiracyRead the Press Release
HOUSTON – Three Houston residents have been ordered to federal prison for their roles in an oxycodone dispensation and distribution conspiracy, announced Acting United States Attorney Abe Martinez.
Dr. Richard Williams, 77, was a physician practicing general preventive medicine in the Houston area, while Agnes Osire, 51, was a pharmacist in the Houston area since 2008. Richard Flanagan, 63, was a recruiter who would find persons to act as patients to acquire prescriptions for oxycodone. All previously pleaded guilty their roles in the conspiracy.
Today, U.S. District Judge Lynn Hughes ordered Williams to serve 60 months in federal prison. Osire received a sentence of 45 months, while Flanagan was sentenced to a 38-month-term of imprisonment.
Williams was responsible for the illicit issuance of prescriptions for oxycodone, resulting in the dispensation of more than 32,000 pills of 30-milligram-strength oxycodone in March and April 2014. He was aware that these prescriptions were not issued for a legitimate medical purpose and, on many occasions, pre-signed prescriptions knowing they would be used by others to acquire and sell for profit oxycodone pills.
According to her plea, Osire agreed to fill three prescriptions on April 8, 2014, and was paid in cash for filling these prescriptions. Each prescription was for 120 pills of 30-milligram strength oxycodone.
Flanagan, who admitted to being a recruiter, would take the so-called patients to pharmacies to get the prescriptions filled. He also sold the oxycodone pills for profit on the street. Evidence specifically demonstrated that Flanagan illegally acquired over 1,000 pills in March and April of 2014.
Williams and Osier was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future. Flanagan has been and will remain in custody.
The Tactical Diversion Squad of the Drug Enforcement Administration conducted the investigation. Assistant U.S. Attorney Bryan K. Best is prosecuting the case.
Detroit heroin dealer pleads guilty to federal drug crimeRead the Press Release
CHARLESTON, W.Va. – A Detroit man pleaded guilty today to a federal heroin crime, announced United States Attorney Carol Casto. Kenyoda Holmes, 26, entered his guilty plea to distribution of heroin.
Holmes admitted that on April 20, 2016, he sold heroin to a confidential informant working with law enforcement. The drug deal took place in South Charleston.
Holmes faces up to 20 years in federal prison when he is sentenced on July 6, 2017.
The Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Monica D. Coleman is responsible for the prosecution. The plea hearing was held before United States District Judge Thomas E. Johnston.
This prosecution was brought as part of an ongoing effort led by the United States Attorney’s Office for the Southern District of West Virginia to combat the illicit sale and misuse of prescription drugs and heroin. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down illegal pill trafficking, eliminating open air drug markets, and curtailing the spread of opiate painkillers and heroin in communities across the Southern District.
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Dayton Man Pleads Guilty to RobberyRead the Press Release
DAYTON – Michael Stathas, 33, of Dayton, pleaded guilty in U.S. District Court to two counts of robbery.
Benjamin C. Glassman, United States Attorney for the Southern District of Ohio, and Angela L. Byers, Special Agent in Charge, Federal Bureau of Investigation (FBI), Cincinnati Division, announced the plea entered into today before U.S. District Judge Walter H. Rice.
According to the Statement of Facts in this case, Stathas robbed two banks in Montgomery County in late December. On December 23, he jumped the teller counter at a Fifth Third Bank in Kettering, Ohio before pepper spraying the teller and stealing the teller’s station money. Again on December 29, Stathas vaulted a bank counter, this time at Key Bank in Centerville, Ohio. Once on the other side of the counter, he stole cash from the teller’s station.
Stathas fled the second robbery in his vehicle. Soon thereafter, police in marked vehicles attempted to stop him, but rather than complying with their demands, he fled at a high rate of speed, ultimately crashing his car near Moraine, Ohio.
As part of the plea agreement, all parties involved in this case have recommended a sentence of 105 months in prison. U.S. District Judge Rice will consider that recommendation at a future sentencing hearing, which has yet to be scheduled.
U.S. Attorney Glassman commended the investigation of this case by the FBI and Assistant United States Attorney Brent G. Tabacchi, who is representing the United States in this case.
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Cushing Woman Pleads Guilty to Methamphetamine DistributionRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that MYSTIQUE PATRICIA MOUCKA, age 36, of Cushing, Oklahoma, pled guilty to POSSESSION WITH INTENT TO DISTRIBUTE METHAMPHETAMINE, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C), punishable by not more than 20 years imprisonment, and up to a $1,000,000.00 fine or both.
The Information alleged that on or about December 6, 2014, in the Eastern District of Oklahoma, the defendant, did knowingly and intentionally possess with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, a Schedule II controlled substance.
The charge arose from an investigation by the Oklahoma Highway Patrol and the Drug Enforcement Administration.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Timothy Hammer represented the United States.
Court Authorizes Service of John Doe Summons Seeking Information About Dutch Residents Using American Express Cards Linked to Non-Dutch Bank AccountsRead the Press Release
A federal court in Texas authorized the Internal Revenue Service (IRS) to serve a John Doe Summons on American Express Travel Related Services Company, the Justice Department announced. The IRS John Doe summons seeks information about persons residing in the Netherlands that have American Express debit or credit cards linked to bank accounts located outside of the Netherlands. The summons is referred to as “John Doe” summonses because the IRS does not know the identity of the person being investigated.
The United States petitioned the U.S. District Court in the Western District of Texas to authorize the summons at the request of the government of the Netherlands under a treaty between the Netherlands and the United States. The treaty allows the two countries to cooperate in exchanging information that is helpful in enforcing each country’s tax laws. The IRS summons seeks the identities of Dutch residents who have debit or credit cards linked to bank accounts located outside of the Netherlands so the Dutch government can determine if those persons have complied with Dutch tax laws. request is based on the Netherlands Tax and Customs Administration’s (NTCA) Payment Card Project, in which information on the use of payment cards (debit or credit) issued by financial institutions outside of the Netherlands can be used to identify non-compliant Dutch taxpayers. NTCA’s project has made similar requests, and already obtained similar information, from other financial institutions outside the United States resulting in several million euros in additional tax, interest and penalties from the non-compliant Dutch taxpayers, according to evidence submitted with the petition. American Express informed the NTCA that the transaction information sought is exclusively available in the United States, according to the evidence submitted with the petition. filing does not allege that American Express violated any U.S. or Dutch laws with respect to these accounts.
“The Department of Justice and the IRS are committed to working with the United States’ international treaty partners to identify individuals using secret offshore accounts to evade tax laws,” said Acting Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division. “This sustained collaboration limits the opportunities to hide assets and belies the assumption that information about them is beyond a taxing authority’s reach.”
“In fighting international tax evasion, the IRS recognizes hidden offshore accounts are a problem other nations face as well,” said IRS Commissioner John Koskinen. “By using our existing network of bilateral agreements and tools such as the John Doe summons, we can help address a common problem of evading taxation by hiding assets abroad.”
The court order in this case authorizing this enforcement action is a part of ongoing international efforts to stop persons from using foreign financial accounts as a way to evade taxes. Courts have previously approved John Doe summonses allowing the IRS to identify individuals using offshore accounts to evade their U. S tax obligations, and have approved John Doe summonses to be used to identify individuals using U.S. financial institutions or accounts to evade tax obligations of a foreign county, pursuant to international tax treaties.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Citizen of Guatemala Sentenced to Prison for Illegally Reentering the U.S.Read the Press Release
Deirdre M. Daly, United States Attorney for the District of Connecticut, announced that DAVID ORTIZ JUAREZ, 35, a citizen of Guatemala who recently resided in Hartford, was sentenced today by Chief U.S. District Judge Janet C. Hall in New Haven to approximately seven and one-half months of imprisonment, time already served, and two years of supervised release, for illegally reentering the United States after being deported.
According to court documents and statements made in court, ORTIZ JUAREZ, who has never held legal status in the U.S., entered the U.S. through New Mexico when he was a juvenile. He was removed to Guatemala in April 1998.
ORTIZ JUAREZ illegally reentered the U.S. in approximately 2003 and lived in Hartford. He was subsequently convicted after trial in Hartford superior court of two counts of risk of injury to a minor. The conviction was related to severe injuries suffered by his then four-month-old daughter who was in his care. Following service of a five-year sentence, he was removed to Guatemala in April 2009.
ORTIZ JUAREZ again illegally reentered the U.S. On August 7, 2016, he was arrested by Hartford Police for driving under the influence of alcohol and/or drugs.
ORTIZ JUAREZ has been detained since his arrest by ICE agents on August 19, 2016. On January 5, 2017, he pleaded guilty to reentry of a removed alien.
At the conclusion of today’s court proceeding, ORTIZ JUAREZ was taken into ICE custody and will be removed to Guatemala.
This matter was investigated by the U.S. Department of Homeland Security, Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations. The case was prosecuted by Assistant U.S. Attorney Deborah R. Slater.
Chiropractor Convicted of Tax FraudRead the Press Release
BATON ROUGE, LA – Acting United States Attorney Corey R. Amundson announced today that STEVEN F. ANGLE, age 61, of Baton Rouge, Louisiana, pled guilty before U.S. District Judge Shelly D. Dick to three counts of filing false tax returns, in violation of Title 26, United States Code, Section 7206(1), and to one count of endeavoring to interfere with the due administration of the Internal Revenue laws, in violation of Title 26, United States Code, Section 7212(a). As a result of his convictions, ANGLE faces a potential prison term as well as restitution order.
ANGLE owned and operated Chiropractic Nutrition Clinic located in Baton Rouge, Louisiana, for approximately 20 years. ANGLE provided chiropractor services to clients and was paid primarily by health insurance companies and law firms. ANGLE filed false federal income tax returns from 2005-2009 and from 2011-2013. For instance, ANGLE reported $26.00 in total income for the 2011 tax year and $0 in total income for the 2012 tax year. For the 2013 tax year, he reported $0 in total income when he had actually earned at least $108,000. In all of the 2005-2009 and 2011-2013 tax returns, he represented that he owed no taxes when, in fact, he had earned substantial income from his chiropractic services. Filed with these false tax returns were Forms 1099-MISC, which had been altered by ANGLE to reflect that he had earned $0 from the insurance companies and law firms when, in fact, he had earned significant income from them.
Acting U.S. Attorney Amundson stated, “Those who defraud the tax system not only defraud the federal government, but also leave millions of honest taxpayers holding the bag. Such fraudsters sometimes claim to be ‘sticking it’ to the federal government. In fact, they are really ‘sticking it’ to their honest neighbors and friends who pay their taxes. I appreciate the excellent work of the agents and prosecutors working on this important matter.”
IRS, Criminal Investigation Special Agent-in-Charge Jerome R. McDuffie stated, “Today’s guilty plea represents a victory for the taxpaying citizens of this country. Stephen Angle challenged the constitutionality of our nation’s tax laws, and was not successful in his attempts to impede the government, specifically the IRS. It is particularly relevant during this current filing season, that the taxpayers of this country are aware the Special Agents of IRS – CI are currently, and always, working very diligently to protect the tax dollars they pay into the tax system, as well as to collect from those individuals who evade the payment of their fair share. ”
This investigation was handled by the Criminal Investigations Division of the Internal Revenue Service and the Federal Bureau of Investigation. This matter is being prosecuted by Assistant United States Attorneys J. Brady Casey and Rene Salomon.
Central Reentry Job Fair & ExpoRead the Press Release
Contact Person: Joe Brewer (864) 282-2121
Columbia, South Carolina-------The United States Attorney’s Office, the South Carolina Department of Probation, Parole and Pardon Services; SC Works; SC Vocational Rehabilitation; SC Department of Social Services; and the US Probation Office are continuing their statewide partnership to help individuals with prior criminal backgrounds secure employment.
The First Annual Central Reentry Job Fair & Expo is being held Wednesday, May 3, 2017, from 10:00 am to 1:00 pm at the Dutch Square Mall, located at 421 Bush River Road, Columbia, SC 29210.
This fair, which targets the Midlands, is part of a series of fairs, including Florence, the Upstate, and the Lowcountry, anticipated annually. The partner organizations hope that a tailored expo for people with a criminal background will provide some focused help for the particular obstacles individuals face after returning home.
“A critical component in the transition from prison to a law-abiding life is a job. We in the U.S. Attorney’s Office recognize that our state partners - S.C. Works, S.C. Vocational Rehabilitation , SC Department of Social Services, and S.C. Probation, Pardon and Parole – do terrific work in preparing our fellow South Carolinians for the work force and in aligning our workers with jobs to which they are suited. It is our privilege to learn from the many years’ experience of those in these State agencies as we develop events specifically for individuals with a criminal background,” said U.S. Attorney Beth Drake. “We are excited to connect citizens not simply to employment opportunities but to other critical resources like GED programs that facilitate the transition from prison to employment and a law-abiding life.”The fair and expo will include area employers and other organizations who participate with, and provide resources for, returning citizens. Any interested employers or vendors should inquire with Diana Goldwire at (864) 315-9751 or [email protected]. In their hiring initiatives and practice, John Hopkins Hospital has demonstrated that returning citizens are some of the most loyal and productive talent pools available to an employer.
“Ensuring that formerly incarcerated individuals have stable jobs and lives, and thereby making them less likely to reoffend, is as important to crime prevention and community safety as our efforts in prosecution,” said Ms. Drake.
Professional dress is required. Discounted SLED criminal background checks will be provided on site. And, the event will also feature workshops on how to seek expungements and pardons of prior criminal convictions. Some transportation arrangements may be available. Please inquire with Marcos Barahona of the US Probation Office at [email protected] or George Whitehead at (803) 734-9143, (803) 667-1258 or [email protected].
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Buffalo Man Charged with Ramming FBI Property with His CarRead 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 Robert Lowe, 35, of Buffalo, NY, was arrested and charged by criminal complaint with depredation of government property. The charge carries a maximum of 10 years in prison and a $1,000 fine.
Assistant U.S. Attorney Paul C. Parisi, who is handling the case, stated that according to the complaint, on March 30, 2017, at approximately 10:40 p.m., the defendant rammed his SUV into the gate of the Buffalo Office of the FBI on Mohawk Street. Lowe then backed up from the gate and drove around the perimeter of the FBI office at a high rate of speed. The defendant then drove to the perimeter gate on Staats Street and rammed into that gate twice. The gate gave way and Lowe entered the parking lot, drove in circles and then rammed into the outbound lane perimeter gate. The defendant drove out of the parking lot through Staats Street and was stopped and taken into custody by Buffalo Police at Chippewa Street and Elmwood Avenue.
The estimated value of the damaged security gates at the FBI is in excess of $50,000.
The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, and the Buffalo Police Department, under the direction of Commissioner Daniel Derenda.The fact that a defendant has been charged with a crime is merely an accusation and the defendants are presumed innocent until and unless proven guilty.
Berkeley County man sentenced for federal firearms chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Jonathan Leigh Wienke, 46, of Martinsburg, West Virginia, was sentenced today to 18 months incarceration for unlawfully making firearms, Acting United States Attorney Betsy Steinfeld Jividen announced.
Wienke pled guilty to one count of “Making a Firearm in Violation of the National Firearms Act” in December 2016.
On June 9, 2016, the Department of Homeland Security obtained a warrant to search Wienke’s home in Martinsburg, West Virginia. During that search, officers found a pistol with an attachment that appeared to be a silencer. The pistol and silencer were seized by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Testing confirmed that the attachment was a silencer capable of diminishing the sound report of a portable firearm, and that the silencer met the definition of a “firearm” under federal law. The silencer did not have any manufacturer’s mark of identification or serial number, as required by the National Firearms Act. The investigating agent learned that Wienke had manufactured the silencer, but did not have the requisite license or approval to manufacture a silencer, as required by the National Firearms Act.
Assistant U.S. Attorney Anna Z. Krasinski prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
Chief U.S. District Judge Gina M. Groh presided.
Bay Area Companies Agree to Pay $717,250 to Settle Department of Justice Claims That They Failed to Maintain Adequate Records Regarding Controlled SubstancesRead the Press Release
SAN FRANCISO – Golden Gate Pharmacy Holdings and its wholly owned subsidiaries, Golden Gate Pharmacy Services (GGPS) and Ross Valley Compounding Pharmacy (Ross Valley), have agreed to pay $717,250 to settle allegations by the U.S. Department of Justice that the companies failed to keep and maintain adequate records pertaining to controlled substances at their San Rafael, California facility, announced United States Attorney Brian J. Stretch and Drug Enforcement Administration (DEA) Special Agent in Charge John J. Martin.
The settlement agreement, signed earlier today by Justice Department officials, was reached to resolve allegations by the government that a September 2014 DEA inspection uncovered multiple violations by GGPS and Ross Valley of the Controlled Substances Act, 21 U.S.C. § 801. According to the agreement, San Rafael-based companies GGPS and Ross Valley each was, at the relevant time, registered with the DEA as a Retail Pharmacy providing them with authorizations to handle Schedules II, III, IIIN, and IV controlled substances. GGPS and Ross Valley both acknowledged they had an obligation to “keep and maintain” records related to its receipt, manufacturing and distribution of controlled substances in connection with operations at their San Rafael, California facility. According to the agreement, following the DEA’s inspection, the government concluded that between September 4, 2012, and September 4, 2014, GGPS and Ross Valley failed to record or maintain adequate inventory records or “records of the receipt, storage or shipment of controlled substances in at least 5,161 instances.” In addition, according to the agreement, an employee at the San Rafael facility pilfered approximately 8,000 oxycodone tablets. According to the terms of the agreement, Golden Gate Pharmacy Holdings, GGPS, and Ross Valley Pharmacy will pay the government $717,250 to resolve all civil claims related to the recordkeeping violations identified in the investigation.
Assistant U.S. Attorney Jonathan U. Lee handled this matter with the assistance of Garland He and Jessica Hurtado.
Bakersfield Car Dealership Owners Plead Guilty to Felonies Involving the Failure to File Required IRS FormsRead the Press Release
FRESNO, Calif. — Ramiro Catano, 51, and his brother Tereso Catano Casas, 49, both of Bakersfield, pleaded guilty today to felonies involving the failure to file IRS forms required for cash transactions over $10,000, United States Attorney Phillip A. Talbert announced.
According to court documents, the defendants co-owned Catano’s Auto Sales and Repair in Bakersfield. Their auto dealership was required by federal law to file a form, called a Form 8300, on any cash transaction from a single customer that exceeded $10,000 in a one-year period. On April 2, 2013, an undercover federal agent purchased a vehicle for $12,000 cash from the dealership and requested that the dealership not file a Form 8300 on the transaction. The undercover agent also stated to Ramiro Catano that the cash used to purchase the vehicle was from the sale of cocaine. Following the sale, the defendants did not file a Form 8300 on the transaction. Then, on July 26, 2013, an undercover federal agent purchased a vehicle for $16,000 cash from the dealership. As with the earlier transaction, the undercover agent requested that the dealership not file a Form 8300 on the transaction, and the defendants did not do so.
Ramiro Catano pleaded guilty to conspiring to not file a Form 8300, and Tereso Catano Casas pleaded guilty to misprision of (or failing to report) a felony because he knew that not filing a Form 8300 was a felony, but he failed to report the crime to the proper authorities.
This case is the product of an investigation by the IRS Criminal Investigation, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the Bakersfield Police Department. Assistant United States Attorneys Grant Rabenn and Jeffrey A. Spivak are prosecuting the case.
As part of the plea agreement, the defendants have agreed to pay a $28,000 forfeiture money judgment.
The defendants are scheduled to be sentenced on July 10, 2017, at 10:00 a.m. before U.S. District Judge Dale A. Drozd. Ramiro Catano faces a maximum statutory penalty of five years in prison and a $250,000 fine. Tereso Catano Casas faces a maximum statutory penalty of three years in prison and a $250,000 fine. The actual sentences, 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.
Attorney General Sessions' Memorandum Supporting Federal, State, Local and Tribal Law EnforcementRead the Press Release
Memorandum from the Attorney General on supporting federal, state, local and tribal law enforcement.
1 April 2017
“Protecting Our Tribal Communities: Responding to Gun Violence and Its Victims” Conference to be held in Pine Ridge on April 6Read the Press Release
United States Attorney Randolph J. Seiler announced that a half-day conference addressing gun violence in Indian country will be held in Pine Ridge, South Dakota, on Thursday April 6, 2017. The event is in conjunction with National Crime Victims’ Rights Week and is hosted by the U.S. Attorney’s Office, the Oglala Sioux Tribe, and the Bureau of Alcohol, Tobacco, Firearms & Explosives.
The keynote speaker is Michael Poindexter, the Sheriff of Modoc County in California, where a mass shooting took place in February of 2014 during a tribal council meeting. Four tribal members, including the Tribal Chairman, died as a result of the tragic event. Sheriff Poindexter was one of the responding officers who worked closely with the victims, and he will share his story of survival and the effect of the shooting on the community.
Also on the agenda is Cheryl “Renee” Bourque with the Bureau of Indian Affairs. Ms. Bourque will share her experience and address the impact of losing two of her close friends and co-workers to gun violence. Both victims were Native American and worked for the Seminole, OK sheriff’s office. In addition, Frank Kelsey with the Bureau of Alcohol, Tobacco, Firearms & Explosives, will give a presentation on gun violence, the nature of the problem and how to avert the consequences.
Representatives from several local victim service providers will have a display/information booth. Following the conference, a ceremony will take place honoring four individuals who have provided outstanding services to victims of crime in Indian country.
The event will be held at the SuAnn Big Crow Center in Pine Ridge, located at 1 Positive Place. The conference will run from 10:00 am – 1:00 pm, followed by the National Crime Victims’ Rights Week presentations. The public is welcome and a free lunch will be served.
AGENDA.pdfSt. Francis Man Charged with Failure to Register as a Sex OffenderRead the Press Release
United States Attorney Randolph J. Seiler announced that a St. Francis, South Dakota, man has been indicted by a federal grand jury for Failure to Register as a Sex Offender.
Joseph Blue Bird, age 30, was indicted on September 13, 2016. He appeared before U.S. Magistrate Mark A. Moreno on March 29, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, a mandatory minimum period of at least 5 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between June 16, 2016, and September 13, 2016, Blue Bird, a person required to register under the Sex Offender Registration and Notification Act, and a sex offender by reason of a conviction, knowingly failed to register and update his registration as required by law.
The charge is merely an accusation and Blue Bird is presumed innocent until and unless proven guilty.
The investigation is being conducted by the U.S. Marshals Service. Assistant U.S. Attorney Troy R. Morley is prosecuting the case.
Blue Bird was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 23, 2017.
Oglala Man Convicted of Assaulting Three FemalesRead the Press Release
United States Attorney Randolph J. Seiler announced that an Oglala, South Dakota, man convicted of Assault with a Dangerous Weapon and Assault by Striking, Beating or Wounding was sentenced on March 27, 2017, by Chief Judge Jeffrey L. Viken, U.S. District Court.
Clint A. Marshall, age 44, was sentenced on Count 1 to 51 months in custody, 3 years’ supervised release, a $100.00 special assessment to the Federal Crime Victims Fund, and $69,805.49 restitution; and was sentenced on Count 2 to 12 months in custody, 1 year supervised release, and a $25.00 special assessment to the Federal Crime Victims Fund. The custody time was ordered to run consecutively.
On October 10, 2015, Marshall was consuming alcohol at a trailer he was renting with his girlfriend in Oglala. Marshall and his girlfriend got into a verbal argument that turned into a physical altercation. Marshall intentionally pushed her and assaulted her using his hands. She left the trailer and the area for a short period of time.
When she returned, there was a white vehicle and two women outside the trailer. Marshall was also outside and approached his girlfriend. Marshall still appeared angry from the earlier fight with her. The two women got back into their vehicle and indicated to Marshall’s girlfriend that she could get in. Before getting into the car, she threw her car keys at Marshall. She got into the back seat of the vehicle. Marshall then picked up the car keys, got in his girlfriend’s car, and began following the white vehicle with the three women in it.
Marshall followed the white vehicle, increasing his speed and driving erratically. Using the vehicle he was driving, Marshall rammed the rear portion of the white vehicle. That strike caused the white vehicle to slide off the highway and roll over, ultimately coming to rest back on its wheels in a field.
All three women sustained injuries from the crash. One had to be removed from the vehicle with specialized equipment. She is paralyzed in all of her limbs as a result of the crash, and requires full-time medical care in a specialized facility.
This case was investigated by the Bureau of Indian Affairs, Office of Justice Services, the Oglala Sioux Tribe Department of Public Safety, and the South Dakota Highway Patrol. Assistant U.S. Attorney Kathryn N. Rich prosecuted the case.
Marshall was immediately returned to the custody of the U.S. Marshals Service.
Mission Woman Charged with Bank Fraud and ForgeryRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, woman has been indicted by a federal grand jury for Bank Fraud and Forgery.
Kaitlyn Erickson, age 21, was indicted on March 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 30, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction for Bank Fraud is up to 30 years in custody and/or a $1,000,000 fine, and 5 years of supervised release; the maximum penalty for Forgery is a maximum of 5 years of custody and/or a $250,000 fine, and 3 years of supervised release. Both charges could result in $100 to the Federal Crime Victims Fund and restitution.
The Indictment alleges that on or about January 17, 2017, Erickson altered and passed a check from an account that did not belong to her. Erickson deposited the forged check into an account at Wells Fargo Bank, insured by the Federal Deposit Insurance Corporation and attempted to withdraw funds from the account.
The charge is merely an accusation and Erickson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Kirk W. Albertson is prosecuting the case.
Erickson was released pending trial. A trial date has been set for May 23, 2017.
Mission Man Charged with Prohibited Person in Possession of FirearmRead the Press Release
United States Attorney Randolph J. Seiler announced that a Mission, South Dakota, man has been indicted by a federal grand jury for Prohibited Person in Possession of a Firearm.
Sean Stinson, age 21, was indicted on November 9, 2016. He appeared before U.S. Magistrate Judge Veronica L. Duffy on March 30, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 10 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on August 28, 2016, Stinson, having been convicted of a crime punishable by imprisonment for a term exceeding one year, and being an unlawful user of and addicted to a controlled substance, knowingly possessed and received a Ruger SR 1911 pistol, which had been shipped and transported in interstate commerce.
The charge is merely an accusation and Stinson is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Stinson was released pending trial. A trial date has not been set.
Kyle Man Indicted for Aggravated Sexual Abuse by ForceRead the Press Release
United States Attorney Randolph J. Seiler announced that a Kyle, South Dakota, man has been indicted by a federal grand jury for two charges of Aggravated Sexual Abuse by Force.
Tolin Gregg, age 19, was indicted on March 21, 2017. Gregg appeared before U.S. Magistrate Judge Daneta Wollmann on March 27, 2017, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is life imprisonment and/or a $250,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The charges relate to Gregg using force to engage in a sexual act with a female on December 23, 2016, near Kyle.
The charges are merely accusations and Gregg is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Eric Kelderman is prosecuting the case.
Gregg was remanded to the custody of the U.S. Marshals Service pending trial. A trial date has been set for May 30, 2017.
Fort Thompson Woman Charged with Assaulting a Federal OfficerRead the Press Release
United States Attorney Randolph J. Seiler announced that a Fort Thompson, South Dakota, woman has been indicted by a federal grand jury for Assaulting, Resisting, and Impeding a Federal Officer.
Megan Howe, age 21, was indicted on March 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that on December 11, 2016, Howe forcibly assaulted, resisted, opposed, impeded, intimidated, and interfered with an officer from the Bureau of Indian Affairs, while said officer was engaged in the performance of his official duties and employed as a federal law enforcement officer.
The charge is merely an accusation and Howe is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Meghan N. Dilges is prosecuting the case.
Howe was released on bond pending trial. A trial date has not been set.
Eagle Butte Man Charged with Several Sexual Abuse Counts and Child AbuseRead the Press Release
United States Attorney Randolph J. Seiler announced that an Eagle Butte, South Dakota, man has been indicted by a federal grand jury for Aggravated Sexual Abuse of a Child, Abusive Sexual Contact of a Child, Sexual Abuse of a Child, Abusive Sexual Contact of a Minor, and Child Abuse.
Charles Edwards, age 36, was indicted on March 21, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to life in custody and/or a $250,000 fine, life of supervised release, and up to $600 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges between December 2008 and December 2016, Edwards sexually molested a child on multiple occasions. The Indictment also alleged that Edwards abused, exposed, tortured, tormented, and cruelly punished that same child.
The charges are merely accusations and Edwards is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant U.S. Attorney Jay Miller is prosecuting the case.
Edwards was remanded to the custody of the U.S. Marshals Service pending trial, which has been set for May 23, 2017.
Dupree Woman Indicted on Methamphetamine and Firearm ChargesRead the Press Release
United States Attorney Randolph J. Seiler announced that a Dupree, South Dakota, woman has been indicted by a federal grand jury for Conspiracy to Distribute a Controlled Substance, Distribution of a Controlled Substance, Possession with Intent to Distribute a Controlled Substance, and Possession of a Firearm by a Prohibited Person.
Alyce Marie Morrison, age 33, was indicted on March 15, 2017. She appeared before U.S. Magistrate Judge Mark A. Moreno on March 29, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and up to $600 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between July 1, 2016, and January 14, 2017, Morrison knowingly and intentionally conspired and agreed to distribute methamphetamine, a Schedule II controlled substance, actually distributed methamphetamine on three occasions, and on one occasion possessed methamphetamine with the intent to distribute it. The Indictment further alleges that on January 14, 2017, Morrison unlawfully possessed a firearm and was prohibited from doing so because of her use of methamphetamine.
The charges are merely accusations and Morrison is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Cheyenne River Sioux Tribe Law Enforcement Services and the Northern Plains Safe Trails Drug Enforcement Task Force. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Morrison was remanded to the custody of the U.S. Marshals Service pending trial. Trial is set for May 22, 2017.
Clearfield Man Charged with Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Randolph J. Seiler announced that a Clearfield, South Dakota, man has been indicted by a federal grand jury for Possession with Intent to Distribute a Controlled Substance.
Cory Scott Fischer, age 45, was indicted on March 15, 2017. He appeared before U.S. Magistrate Judge Mark A. Moreno on March 30, 2017, and pled not guilty to the Indictment.
The maximum penalty upon conviction is up to 20 years in custody and/or a $1,000,000 fine, a lifetime of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
The Indictment alleges that between November 10, 2017, and November 11, 2017, Fischer knowingly and intentionally possessed with intent to distribute methamphetamine, a Schedule II controlled substance, in South Dakota.
The charge is merely an accusation and Fischer is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Rosebud Sioux Tribe Law Enforcement Services. Assistant U.S. Attorney SaraBeth Donovan is prosecuting the case.
Fischer was released on bond pending trial. A trial date has not been set.
Agency Village Woman Charged with Involuntary Manslaughter of Baby BoyRead the Press Release
United States Attorney Randolph J. Seiler announced that an Agency Village, South Dakota, woman has been indicted by a federal grand jury for Involuntary Manslaughter.
Samantha Flute, age 26, appeared before U.S. Magistrate Judge William D. Gerdes on March 21, 2017, and pled not guilty to the Indictment.
The maximum penalties upon conviction is up to 8 years of imprisonment and/or a $250,000 fine, 3 years of supervised release, and $100 to the Federal Crime Victims Fund. Restitution may also be ordered.
On or about August 20, 2016, Flute gave birth to a fully developed male infant. At the time of admission, Flute tested positive for a number of prescription and over-the-counter medications. The cause of death was attributed to a combined drug toxicity of the prescription and over-the-counter medications. It is alleged in the indictment that Flute acted in a grossly negligent manner, with actual knowledge that her conduct was a threat to the life of another, and with actual knowledge that would reasonably enable her to foresee the peril to which her act subjected another.
The charges are merely accusations and Flute is presumed innocent until and unless proven guilty.
The investigation is being conducted by the Federal Bureau of Investigation, the State of South Dakota’s Division of Criminal Investigation, and the Sisseton-Wahpeton Oyate Sioux Tribe’s Police Department. Assistant U.S. Attorney Jeremy R. Jehangiri is prosecuting the case.
Flute was released to a third-party pending trial. A trial date has been set for May 23, 2017.