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Tuesday 7 February 2017
Three Nigerian Nationals from South Africa Convicted in International Cyber Financial Fraud SchemeRead the Press Release
WASHINGTON – Three Nigerian nationals, who in July 2015 were extradited from South Africa to the Southern District of Mississippi, were convicted today by a federal jury for their wide-ranging Internet fraud schemes.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division and U.S. Attorney Gregory K. Davis of the Southern District of Mississippi made the announcement.
Oladimeji Seun Ayelotan, 30, was convicted of conspiracy to commit mail fraud, wire fraud, and bank fraud, conspiracy to commit identity theft, access device fraud, and theft of U.S. government funds, two counts of mail fraud, and conspiracy to commit money laundering. Ayelotan faces up to 95 years in prison. Rasaq Aderoju Raheem, 31 was convicted of conspiracy to commit mail fraud, wire fraud, and bank fraud, conspiracy to commit identity theft, access device fraud, and theft of U.S. government funds, three counts of mail fraud, and conspiracy to commit money laundering. Raheem faces up to 115 years in prison. Femi Alexander Mewase, 45, was convicted of conspiracy to commit mail fraud and wire fraud, and conspiracy to commit identity theft, access device fraud, and theft of U.S. government funds. Mewase faces up to 25 years in prison. Sentencing for all three is set for May 24 in the Southern District of Mississippi.
According to trial testimony and evidence presented in the three-week trial, the defendants participated in numerous complex Internet-based financial fraud schemes, including romance scams, re-shipping scams, fraudulent check scams, and work-at-home scams, as well as bank, financial, and credit card account takeovers. From as early as 2001, the defendants identified and solicited potential victims through online dating websites and work-at-home opportunities. In some instances, the defendants carried on fictitious online romantic relationships with victims for the purpose of using the victims to further objectives of the conspiracy. For example, the defendants convinced victims to ship and receive merchandise purchased with stolen personal identifying information (PII) and compromised credit card and banking information, to deposit counterfeit checks, to withdraw money from fraudulent pre-paid debit cards that were loaded with money from stolen credit cards and to transfer proceeds of the conspiracy via wire, U.S. mail, or express delivery services.
A total of 21 defendants were charged in this case. To date, defendants Adekunle Adefila, 41, of Nigeria; Anuoluwapo Segun Adegbemigun, 40, of Nigeria; Gabriel Oludare Adeniran, 30, of Nigeria; Genoveva Farfan, 45, of California; Rhulane Fionah Hlungwane, 26, of South Africa; Teslim Olarewaju Kiriji, 30, of Nigeria; Dennis Brian Ladden, 75, of Wisconsin; Olutoyin Ogunlade, 41, of New York; Taofeeq Olamilekan Oyelade, 32, of Nigeria; Olufemi Obaro Omoraka, 27, of Nigeria; and Olusegun Seyi Shonekan, 34, of Nigeria; have pleaded guilty to related conspiracy charges. Susan Anne Villeneuve, 49, of California, is awaiting trial.
U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) and the U.S. Postal Inspection Service investigated the case. Significant assistance was also provided by the Criminal Division’s Office of International Affairs, the HSI Cyber Crimes Center, HSI Attachés in Pretoria, South Africa and Dakar, Senegal, the U.S. Marshals Service’s International Investigations Branch and the Southern District of Mississippi District Office, the South African Police Service (SAPS) Directorate of Priority Crimes Investigation (DPCI) Electronic Crimes Unit, the SAPS Interpol Extradition Unit, the South African National Prosecution Authority and the South African Department of Justice and Constitutional Development. Trial Attorney Conor Mulroe of the Criminal Division’s Organized Crime and Gang Section, Senior Counsel Peter Roman of the Criminal Division’s Computer Crime and Intellectual Property Section, and Assistant U.S. Attorney Annette Williams of the Southern District of Mississippi tried the case.
If you believe that you may have been a victim of criminal fraud committed by any of the defendants, please go to http://www.justice.gov/usao-sdms/scams and complete the questionnaire. Defendants allegedly used the following email addresses and names to perpetuate the scheme:
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
[email protected] [email protected]
Stacy Adams Marlon Chase
Regina Darwin Folly Edwards
Kimberly Faye Lorene M. Garrett
Mark Gentile John Gervino
Dickson Jones Anita Lauren
Samuel Maxwell Mark Miller
Adeline Piper Sarah Powell
Karen Robinson Glenn Sattelberg
Kevin Smith Mark Smith
Richard Wasser Justin Worsham
Any information that you provide through the questionnaire may be helpful in the criminal investigation and prosecution of this case. A federal investigator may contact you with additional questions or to request documents you may have. Please note that submitting the questionnaire is not a substitute for consulting with your own attorney to determine what actions and remedies may be available to you through civil litigation. If you have any questions related to this matter that are not addressed at the above websites, you may contact federal law enforcement authorities at [email protected].
Schneider Pleads Guilty to Federal Hate Crime Admits Assault Based on Victim’s Sexual OrientationRead the Press Release
BOISE – Kelly Schneider, 23, of Nampa, Idaho, pleaded guilty today in U.S. District Court to violently assaulting Steven Nelson because he was a gay man, resulting in Mr. Nelson’s death, announced Acting Assistant Attorney General Tom Wheeler, head of the Justice Department’s Civil Rights Division, and U.S. Attorney Wendy J. Olson for the District of Idaho.
Schneider was indicted by a federal grand jury on January 10, 2017, with one count of violating the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act.
“Kelly Schneider assaulted and killed a man because of the man’s sexual orientation,” said Acting Assistant Attorney General Wheeler. “This is a federal crime, and the Department of Justice will continue to work with our federal and state law enforcement partners to enforce our federal hate crimes laws.”
“Steven Nelson was assaulted and later died because he was gay,” said Olson. “This is precisely the kind of bias motivated violence that the Shepard-Byrd Act was passed to address. The federal prosecution in this case makes clear that this office, the Civil Rights Division and its law enforcement partners will pursue justice when a person is violently attacked based on who he loves and how he loves.”
According to the plea agreement, on the evening of April 27, 2016, Schneider posted a solicitation for sex on backpage.com, an Internet website, which included a shirtless photo of himself. Mr. Nelson responded to that posting, and Schneider met with him the next evening. Schneider took Mr. Nelson’s money without engaging in any sexual act with Mr. Nelson. Before the encounter, Schneider told his friends that he was not gay and would not let anyone who was gay touch him.
In the early morning hours of April 29, Schneider resumed communication with Mr. Nelson. Schneider then conspired with other individuals to again rob Mr. Nelson. According to the plan, Schneider was to meet up with Mr. Nelson in a parking lot and ask Mr. Nelson to drive to Gott’s Point, an isolated wildlife area in the Deer Flat Wildlife Refuge near Lake Lowell, for a sexual encounter. At Gott’s Point, Schneider would rob Mr. Nelson, and two of Schneider’s cohorts would be lying in wait as “back up” to assist Schneider if Mr. Nelson resisted the robbery.
When Schneider and Mr. Nelson reached Gott’s Point, Schneider immediately began physically assaulting Mr. Nelson, kicking him 20-30 times with steel-toed boots and repeatedly using a homophobic slur. Mr. Nelson never resisted throughout the attack. He died of his injuries later that day. No one else participated in the assault.
Sentencing is set for April 26, 2017, in front of Chief U.S. District Court Judge B. Lynn Winmill. The charge of willful assault based on sexual orientation, resulting in death, is punishable by up to life in prison, supervised release of not more than five years, and a $250,000 fine.
Schneider also pleaded guilty on January 23, 2017, in state court to first degree murder based on Mr. Nelson’s death.
The Canyon County Sheriff’s Office, with assistance from the Treasure Valley Metro Violent Crime Task Force, conducted the investigation. The case is being investigated federally by the FBI. The federal case is being prosecuted by U.S. Attorney Olson of the District of Idaho and Trial Attorney Aejean Cha of the Civil Rights Division.
Randallstown Woman Pleads Guilty to Injecting Non-Medical Grade Silicone into the Bodies of Victim CustomersRead the Press Release
Baltimore, Maryland – Kendra Westmoreland, age 54, of Randallstown, Maryland, pleaded guilty today to receiving and delivering an adulterated or misbranded device, in connection with her receipt and use of polydimethylsiloxane, which she misrepresented to customers as medical grade silicone.
The guilty plea was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Mark McCormack of the U.S. Food & Drug Administration, Office of Criminal Investigations’ Metro Washington Field Office; and Chief Terrence B. Sheridan of the Baltimore County Police Department.
According to her plea agreement, from October 2000 through October 4, 2015, Westmoreland received polydimethylsiloxane, a silicon-based organic polymer that she injected directly into the bodies of victim customers for money or some other payment. Westmoreland intentionally defrauded and misled individuals by representing polydimethylsiloxane as “medical grade” silicone and approved for injecting directly into the human body. Westmoreland also indicated that she was medically licensed to perform the procedure. In fact, Westmoreland was never a licensed medical practitioner and silicone is not approved by the FDA for this purpose.
As a result of her representations, victim customers came to her residence, or to hotel rooms, to have polydimethylsiloxane injected directly into their buttocks and other places on their bodies, for larger and fuller buttocks or to shape other areas of their bodies. Westmoreland also traveled to other locations for the same purpose. Westmoreland typically charged customers $250 to $500 per session, and estimated that she had injected thousands of customers, who she claimed found her through word of mouth, or through her business website. On October 4, 2015, a search warrant was executed at Westmoreland’s residence. A room of her home was set up to resemble an operating room, including medical equipment and collages of photographs of individuals exposing their buttocks, representing a sampling of those who Westmoreland had injected with silicone. A forensic search of Westmoreland’s cellular phone revealed 126 individuals listed in her contacts as clients. A financial audit of Westmoreland’s finances for the period from December 2011 to October 2015 revealed cash deposits of $227,994.01, and additional deposits of $48,801.06, for a total of $276,795.07. The audit indicated no tax payments and no tax returns filed during that period.
Westmoreland admitted that she stored the polydimethylsiloxone in a plastic container that was not properly labeled for medical use. When injected into humans, liquid silicone is a medical device subject to the regulation of the Food and Drug Administration (FDA). Polydimethylsiloxane is not approved, exclusively or as a component, for body-contouring. Polydimethylsiloxane is used in the manufacture of shampoos (to make hair shiny and slippery), food (as an antifoaming agent), caulking, lubricants, kinetic sand, and heat-resistant tiles.
Westmoreland faces a maximum sentence of three years in prison and a fine of up to $250,000. U.S. District Judge Ellen L. Hollander has scheduled sentencing for April 17, 2017, at 10:00 a.m.
United States Attorney Rod J. Rosenstein commended FDA Office of Criminal Investigations and Baltimore County Police Department for their work in the investigation. Mr. Rosenstein thanked Assistant U.S. Attorney Judson T. Mihok, who is prosecuting the case.
Preston County woman indicted for embezzlementRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Bruceton Mills, West Virginia woman has been indicted for embezzling $87,529 from West Virginia University, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Loretta J. Reckart, age 55, was indicted today by a federal grand jury sitting in Wheeling for one count of “Theft Concerning Programs Receiving Federal Funds.” The crime is alleged to have occurred from October 2010 to July 2016 in Monongalia County while Reckart was employed at WVU.
Reckart faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Robert H. McWilliams is prosecuting the case on behalf of the government. The United States Department of Health and Human Services - Office of Inspector General investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Preston County man indicted for unlawful possession of a firearmRead the Press Release
WHEELING, WEST VIRGINIA – A Bruceton Mills, West Virginia man has been indicted for possessing a firearm illegally, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Michael Dee Cline, age 59, was indicted today by a federal grand jury for one count of “Felon in Possession of a Firearm.” Cline, who was previously convicted of a felony in Tennessee, was allegedly found in possession of a .45 caliber pistol in March 2016.
Cline faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney David J. Perri is prosecuting the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wetzel County Sheriff’s Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.New Mexico Law Enforcement Officers Participate in Justice Department’s Officer Safety TrainingRead the Press Release
ALBUQUERQUE – More than a hundred and twenty-five officers from federal, state, county, local and tribal law enforcement agencies from across the state are participating in the Department of Justice’s VALOR Training this week. The VALOR Training program, which is provided by the Justice Department’s Bureau of Justice Assistance (BJA), is designed for frontline law enforcement to promote officer safety and to help prevent the injuries and deaths of law enforcement officers and the people they serve.
The three-day VALOR Training is being hosted by U.S. Attorney Damon P. Martinez and Chief Gorden E. Eden, Jr., of the Albuquerque Police Department, from Feb. 7 to 9, 2017, in Albuquerque, N.M. During the training, participants will learn the importance of observing and listening to individuals, which may help them locate hidden weapons, identifying indicators of a potential assault, or defusing dangerous situations, enhancing their resiliency, and implementing casualty and care tactics.
BJA launched the VALOR Initiative in 2010 in response to the startling increase in felonious assaults that have taken the lives of many law enforcement officers. Since then, the VALOR Initiative has evolved to provide all levels of law enforcement with tools to enhance their safety, wellness, resilience and survivability.
“Our law enforcement officers put their lives on the line every day as they safeguard our communities and us,” said U.S. Attorney Damon P. Martinez. “BJA’s VALOR Training is part of the Justice Department’s commitment to supporting our officers and providing them with the best training available to protect themselves and each other when they are on the job.”
“Having participated in this training myself, I am very grateful that the Department of Justice is bringing this training back to New Mexico,” said Chief Gorden E. Eden, Jr., of the Albuquerque Police Department.
VALOR is a comprehensive effort that includes classroom and Web-based training, research, and resources for sworn state, local, and tribal law enforcement officers. VALOR training provides critical nationwide, no-cost officer safety training to all levels of law enforcement. Both on-site and online training modules are developed using the latest expertise, analysis, tactics, techniques, and response methods to address alarming trends. Since the inception of the initiative, more than 21,000 law enforcement personnel across the country have received VALOR Training.
New Iberia men plead guilty to roles in wire fraud schemeRead the Press Release
LAFAYETTE, La. – United States Attorney Stephanie A. Finley announced today that two New Iberia men pleaded guilty to a wire fraud conspiracy after admitting their roles in a scheme to create false invoices for shipments that never occurred.
Randy LeBlanc, 33, of New Iberia, La., pleaded guilty before U.S. Magistrate Judge Carol Whitehurst to one count of conspiracy to commit wire fraud. The plea will become final after it is accepted by U.S. District Judge Donald E. Walter. According to the guilty plea, LeBlanc worked as driver and later a dispatcher for Acme Trucking Lines (ATL) in New Iberia from February 2009 to May 2014. While employed as a driver beginning in 2011, an unnamed conspirator instructed LeBlanc to furnish waybills for shipments that had not occurred. LeBlanc did not inform the companies involved or authorities about the false invoices. In 2013, LeBlanc became a dispatcher for the terminal and continued driving for ATL. The unnamed conspirator provided instructions on creating waybills and “ghost” invoices, and LeBlanc created them until he was terminated in late 2014. After his termination, the unnamed conspirator told LeBlanc to take the blame for the false waybills. As a result of the scheme to defraud, LeBlanc personally received more than $220,000 to which he was not entitled.
Another New Iberia resident, Jahorae Johnson, 38, pleaded guilty January 30, 2017 to one count of conspiracy. Johnson worked as an ATL hot-shot driver from October 2011 to November 2014. Johnson did not have a commercial driver’s license but would make deliveries using a large pickup truck to different parts of the country. During his employment he created and submitted fraudulent invoices for trips that did not take place. Johnson stipulated that he received more than $96,000 of which he was not entitled.
LeBlanc and Johnson face up to 20 years in prison, three years of supervised release, restitution, forfeiture and a $250,000 fine. The court set May 5, 2017 as the sentencing date for both defendants.
The FBI conducted the investigation. Assistant U.S. Attorney Daniel J. McCoy is prosecuting the case.
Minot Man Sentenced to 7½ Years on Drug and Firearm ChargesRead the Press Release
Contact: Daniel J. Perry
Assistant United States Attorney
Tel: (207) 780-3257Portland, Maine: United States Attorney Thomas E. Delahanty II announced that Ross Tardif, 30, of Minot, Maine, was sentenced yesterday in U.S. District Court by Judge Jon D. Levy to 7½ years in prison and three years of supervised release for possession with intent to distribute oxycodone and cocaine, and possession a firearm in furtherance of drug trafficking. He pled guilty on June 29, 2016.
According to court records, in August 2014, law enforcement responded to a 911 emergency call reporting a home invasion at Tardif’s home in Minot. Tardif was not home when agents arrived. While investigating the home invasion, the police discovered over 375 grams of cocaine, over 650 oxycodone pills, and over 14 kilograms of marijuana inside the house. Tardif arrived home after the drugs were seized and admitted to being involved in distributing those drugs. Subsequent investigation revealed that Tardif had been obtaining the drugs in New York since at least 2012 and distributing them in the Lewiston/Auburn area. Tardif also purchased a firearm to protect his drug distribution activities.This joint investigation was conducted by the U.S. Drug Enforcement Administration; the Maine Drug Enforcement Agency; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Maine State Police.
Mexican Man Sentenced for Fifth Illegal Re-Entry into United StatesRead the Press Release
ALBANY, NEW YORK – Jose Alejandro Balderas-Figueroa, age 36, a former resident of Pelham, Alabama, was sentenced yesterday to time served (six weeks in jail) for illegally re-entering the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Chief Patrol Agent John C. Pfeifer, United States Border Patrol, Swanton Sector.
As part of his guilty plea, Balderas-Figueroa admitted that he returned to the United States almost immediately after he was removed to Mexico on October 6, 2016. Balderas-Figueroa also admitted that he had been removed to Mexico four other times, on May 18, 2015, September 7, 2014, January 25, 2007 and June 5, 2000.
On December 23, 2016, Balderas-Figueroa was arrested by United States Border Patrol Agents just south of the international border in the vicinity of Champlain, New York.
Following his sentencing, Balderas-Figueroa was remanded to the custody of the Department of Homeland Security, which will place Balderas-Figueroa into removal proceedings.
This case was investigated by the United States Border Patrol and prosecuted by Assistant United States Attorney Edward P. Grogan.
Mexican Citizen Sentenced for Illegal Re-Entry into United StatesRead the Press Release
ALBANY, NEW YORK – Erik Rodolfo Lozano-Arratia, age 27, and a resident of Kingston, New York, was sentenced today to time served (110 days in jail) for illegally re-entering the United States.
The announcement was made by United States Attorney Richard S. Hartunian and Thomas Decker, Director of the New York Field Office for Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO).
As part of his guilty plea, Lozano-Arratia admitted that he returned to the United States after his May 15, 2013 removal to Mexico. Lozano-Arratia also admitted that he had been removed to Mexico four other times, the dates being January 4, 2012, October 21, 2011, August 18, 2011, and July 15, 2011.
On October 20, 2016, Lozano-Arratia was arrested by ICE-ERO officers in Kingston.
Following his sentencing, Lozano-Arratia was remanded to the custody of the Department of Homeland Security, which will place Lozano-Arratia into removal proceedings.
This case was investigated by Immigration and Customs Enforcement (ICE), Enforcement and Removal Operations (ERO), in Newburgh, New York, and prosecuted by Assistant U.S. Attorney Edward P. Grogan.
Member of Taos County-Based Heroin Trafficking and Money Laundering Ring Enters Guilty PleaRead the Press Release
ALBUQUERQUE – Nicholas Baca, 31, a members of a Taos County-based heroin and money-laundering ring has entered a guilty plea in federal court in Albuquerque, N.M., to a heroin trafficking charge. Under the terms of his plea agreement, Baca faces up to 33 months in federal prison followed by a term of supervised release to be determined by the court. Baca is one of nine defendants charged with heroin trafficking and money laundering offenses as the result of a 15-month DEA-led multi-agency investigation into a heroin trafficking organization led by Ivan Romero, 40. To date, seven of the nine defendants have entered guilty pleas.
Baca and seven co-defendants initially were charged with heroin trafficking and money laundering offenses in an eight-count indictment filed in Dec. 2015. The indictment was superseded in Feb. 2016 to add Elena Carabajal, 26, as a ninth defendant and five additional charges. The superseding indictment charged Baca, Ivan Romero and seven other defendants with conspiring to distribute heroin from at least June 2012 through Dec. 2015. It also charged Ivan Romero, Ricco Romero, 29, Melissa Romero, 37, and Wilma Romero, 66, with conspiring to launder heroin trafficking proceeds. The superseding indictment also included substantive heroin trafficking charges against specific defendants including Baca, as well as provisions seeking forfeiture to the United States of any and all assets and property derived, either directly or indirectly, from proceeds obtained from the criminal activities charged.
During today’s proceedings, Baca pled guilty to a felony information charging him with conspiracy to distribute heroin. In entering the guilty plea, Baca admitted that in early 2015 he began obtaining approximately 6 grams of heroin from Ivan Romero on a daily basis to sell to others in and around Questa, N.M. Baca admitted that Ivan Romero allowed him to keep approximately 2.5 grams of heroin daily for Baca’s personal use. Baca distributed between 100 grams and 400 grams of heroin during the period in which he participated in the conspiracy. According to the plea agreement, law enforcement seized approximately 6.2 grams of heroin from Baca on April 2, 2015, in Taos, N.M.
Six of Baca’s co-defendants previously entered guilty pleas in the case. On Dec. 5, 2016, Ivan Romero pled guilty to Counts 1 and 2 of the superseding indictment, charging him with participating in a heroin trafficking conspiracy and a money laundering conspiracy. Ricco Romero also pled guilty on Dec. 5, 2016, to participating in the heroin trafficking conspiracy and the money laundering conspiracy, and to possessing firearms in furtherance of his drug trafficking activities. Melissa Romero entered a guilty plea on Dec. 8, 2016, to Count 2 of the superseding indictment, charging her with participating in the money laundering conspiracy. Tyler Baker, 45, of Taos County, N.M., entered a guilty plea in October 2016 to participating in the heroin trafficking conspiracy. Elena Carabajal entered a guilty plea on Jan. 4, 2017, to possession of heroin with intent to distribute. Wilma Romero entered a guilty plea on Jan. 5, 2017, to participating in the money laundering conspiracy and possessing heroin with intent to distribute.
According to the admissions contained in the plea agreements of the defendants who have entered guilty pleas as well as other court filings, Ivan Romero was the leader of a heroin trafficking organization based in Taos County. Ivan Romero and his brother Ricco Romero were responsible for purchasing quantities of heroin from suppliers in Albuquerque and Los Lunas, N.M. Other members of the organization acted as couriers and regularly transported large quantities of heroin to Ivan Romero and Ricco Romero in Taos County. Upon receiving the bulk heroin, Ivan Romero and Ricco Romero prepared the heroin for distribution by mixing or “cutting” it with other substances, repackaged it in smaller portions, and distributed it both directly and through a network of other drug dealers. Baca was one such dealer who distributed heroin in and around Questa in early 2015.
According to court documents, on April 2, 2015, law enforcement officers observed Baca drive to Ivan Romero’s home where he picked up his daily allotment of heroin. Instead of returning directly to Questa, Baca drove toward Taos and stopped in a parking lot north of Taos where a law enforcement officer approached Baca, questioned him and seized packages containing approximately 6.2 grams of heroin.
Later that same day, law enforcement officers executed a state search warrant at Ivan Romero’s residence where they seized drug paraphernalia, 461 grams of marijuana, 30 grams of hashish, more than 300 grams of heroin and $64,920 in cash. Ivan Romero was arrested on state charges that day, and Ricco Romero subsequently assumed a greater managerial role in the heroin trafficking organization at that time.
Following Ivan Romero’s arrest on April 2, 2015, a state court set his bond at $90,000. Wilma Romero, Ricco Romero and Melissa Romero conspired to launder $90,000 in heroin proceeds to post that bond and secure Ivan Romero’s release from state custody. Ivan Romero soon violated the conditions of his release, was remanded back to state custody and a second bond was set at $150,000. In May 2015, Wilma Romero, Ricco Romero and Melissa Romero again conspired to launder an additional $150,000 in heroin proceeds to post that bond
On June 29, 2015, law enforcement agents executed a federal search warrant at Wilma Romero’s residence. In the course of that search, agents seized approximately 97.5 grams of heroin, a small amount of marijuana, drug paraphernalia, $73,288 and gold coins.
On Nov. 17, 2015 and Dec. 1, 2015, Ricco Romero distributed heroin to an individual working with law enforcement agents. Thereafter, on Dec. 18, 2015, law enforcement agents obtained and executed a federal search warrant at Ricco Romero and Carabajal’s residence and at another residence as well as at another residence where Ricco Romero and Carabajal maintained a safe. During those searches, agents seized 96.8 grams of heroin, $70,562 in cash, and two firearms.
If the plea agreements are accepted by the court: Ivan Romero will be sentenced to a prison term within the range of 120 to 144 months; Ricco Romero will be sentenced to a 120-month prison term; Carabajal will be sentenced to not more than 30 months in prison; Wilma Romero will be sentenced to not more than 24 months in prison; and Melissa Romero will be sentenced to a term of probation. Pursuant to their plea agreements, the defendants have agreed to forfeit $431,870 in heroin proceeds and firearms to the United States.
The investigation leading to the indictment was conducted by the Albuquerque office of the DEA, the HIDTA Region III Drug Task Force, New Mexico State Police, Taos Police Department, Taos County Sheriff’s Office and the Bureau of Alcohol Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
Man Sentenced to Life in Prison for Heroin Dealing and Overdose DeathRead the Press Release
Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin, announced that on February 6, 2017, Donald S. Harden (age: 47) of Fort Atkinson, Wisconsin, was sentenced by Chief U.S. District Judge William C. Griesbach to spend the remainder of his natural life in a federal prison. Under federal law, the jury’s findings combined with his prior record of drug dealing required that Harden receive a life sentence.
Harden was found guilty following a November 2016 jury trial in federal court in Green Bay, Wisconsin, of conspiracy to distribute and possess with the intent to distribute heroin in violation of Title 21 United States Code, Sections 846 and 841(b)(1)(B). The jury also found beyond a reasonable doubt that the conspiracy involved 100 grams or more of heroin and that the heroin distributed by Harden resulted in the overdose death of Neenah, Wisconsin, resident Frederick J. Schnettler (age: 24) in September 2014.
The evidence at trial revealed that Harden purchased kilograms of heroin in Chicago, Illinois, and used a “stash house” in Watertown, Wisconsin, repackaged the heroin for distribution in the Fox Valley area and elsewhere. Throughout the late spring and summer of 2014, Harden delivered heroin to mid-level distributors in the Fox Valley; those distributors in-turn would deal smaller amounts to numerous heroin users throughout the area.
On September 4, 2014, Harden arranged a meeting with one of his Fox Valley distributors at a retail parking lot in Waupun, Wisconsin. At that meeting, Harden gave 11 grams of heroin to one of his co-conspirators warning her “be careful with this stuff, it’s got bodies on it.” That heroin was later used by Schnettler, resulting in his death from “acute heroin toxicity” according to the Medical Examiner. A second Neenah resident, Cory Dedering (age: 38) also suffered a fatal overdose from heroin linked to Harden. His body was discovered by Winnebago County Sheriff’s investigators days later. A third individual, a witness at the trial, suffered a non-fatal heroin overdose from that same batch of heroin.
In pronouncing sentence, Chief Judge Griesbach noted the serious nature of Harden’s offense and the continued danger that heroin presents to Northeast Wisconsin communities. Further, he noted that Harden, unlike others, was not a heroin user, but rather sought to profit from trafficking in the highly addictive narcotic. The court recited his lengthy record of drug offenses in both Iowa and Wisconsin. Finally, Griesbach advised the defendant that he “had no one to blame but himself for his situation.”
The case was investigated by the Winnebago County Sheriff’s Office, Lake Winnebago Area Metropolitan Enforcement Group - Drug Unit, the City of Appleton Police Department, the Jefferson and Dodge County Drug Task Forces, the Oshkosh Police Department, the Fond du Lac County Medical Examiner’s Office, and the Wisconsin State Crime Laboratory. It was prosecuted by Assistant United States Attorneys Daniel R. Humble and Andrew J. Maier.
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For Additional Information Contact:
Public Information Officer Dean Puschnig 414-297-1700
Man Sentenced to Five Years in Prison for Trafficking Firearms to GuyanaRead the Press Release
ATLANTA - Jermine T. Prosper was sentenced to five years in prison for smuggling and trafficking approximately 50 firearms to Guyana during a two-year period. Prosper legally purchased the firearms in the Atlanta area with the intention of smuggling the guns to Guyana and later selling them there.
“Prosper smuggled the firearms he purchased in Atlanta to his home country of Guyana, knowing that those weapons would be sold on the streets,” said U. S. Attorney John Horn. “His greed mattered more than the danger these firearms posed to the citizens of Guyana. This successful prosecution reflects federal law enforcement’s dedication to combating illegal firearms smuggling, whether here or abroad.”
“Criminals must understand that there are serious repercussions for illegal trafficking of firearms. ATF and our law enforcement partners will contribute all necessary time and effort to ensure that these criminals are brought to justice,” said Special Agent in Charge Wayne Dixie.
“Identifying and stopping the Illegal exportation of weapons is one of HSI's highest priorities to stem the flow of violence by criminal networks,” said ICE Homeland Security Investigations Atlanta Special Agent in Charge Nick S. Annan. “This case illustrates the excellent collaborative partnership between HSI and ATF working together to achieve a common goal.”
According to U.S. Attorney Horn, the charges and other information presented in court: Between October 2013 and November 2015, Prosper, a lawful permanent U.S. resident, purchased over 50 firearms from two local federal firearms licensees, including 34 nine millimeter pistols, eight .380 caliber pistols and six .25 caliber pistols. Prosper subsequently hid the firearms in shipping barrels and then smuggled them to Guyana where an unknown associate sold them on the streets.
In early 2016, Prosper sold multiple firearms to a fellow Guyanese national who intended to ship them to Guyana. Because Prosper had successfully smuggled firearms from the United States, he offered to smuggle the firearms to Guyana on that person’s behalf. During their final transaction in April 2016, Prosper sold four additional firearms to this Guyanese national. Prior to delivering the firearms, Prosper obliterated the serial numbers on the weapons so they would not be traced back to him.
Jermine T. Prosper, 39, of Conyers, Georgia, was sentenced to five years in prison, to be followed by three years of supervised release. Prosper was convicted for violating Title 18, United States Code, §§ 922(a)(1)(A) and 923(a); and for violating Title 18, United States Code, § 924 (a)(1)(A) on February 2, 2017, after he pleaded guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Assistant United States Attorneys Tracia M. King and Phyllis Clerk prosecuted the case.
For further information please contact the U.S. Attorney’s Public Affairs Office at [email protected] or (404) 581-6016. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.
Kentucky Man Sentenced to Prison for Engaging in a Child Exploitation EnterpriseRead the Press Release
A member of a highly sophisticated, global child exploitation enterprise dedicated to the sexual exploitation of children was sentenced to prison today.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina; Special Agent in Charge John A. Strong of the FBI’s Charlotte, North Carolina, Division; Special Agent in Charge Amy Hess of the FBI’s Louisville, Kentucky, Division made the announcement.
David Lynn Browning, 47, of Wooton, Kentucky, was sentenced to 240 months in prison for engaging in a child exploitation enterprise, along with a lifetime term of supervised release. U.S. District Judge Richard L. Voorhees of the Western District of North Carolina imposed the sentence. Browning pleaded guilty on Dec. 18, 2015, and has remained in the custody of the U.S. Marshals Service since his arrest on July 29, 2015.
According to admissions made in connection with the plea, Browning acted as the global moderator of a highly-sophisticated global enterprise dedicated to the sexual exploitation of children, organized via a members-only website that operated on the Tor anonymity network, through which he and more than 150,000 other members authored and viewed tens of thousands of postings relating to sexual abuse of children as young as infants and toddlers. According to admissions, Browning was heavily involved in the day-to-day operations of the website – including managing membership, developing and enforcing strict rules and deleting website content that did not depict or discuss child pornography. Browning also admitted to spending hundreds of hours logged in to the website – authoring more than 1,000 postings, and designing the website logo. In addition, Browning admitted that website members employed advanced technological means in order to undermine law enforcement’s attempts to identify them, including the use of a hidden service on the Tor anonymity network and elaborate file encryption.
On Sept. 16, 2016, a federal jury convicted co-defendant and lead administrator of the site, Steven W. Chase, 57, of Naples, Florida, of engaging in a child exploitation enterprise and related charges. A sentencing date for Chase has not yet been set. On Jan. 12, 2017, co-defendant and co-administrator of the site, Michael Fluckiger, 46, of Portland, Indiana, was sentenced to 240 months in prison for engaging in a child exploitation enterprise, along with lifetime supervised release.
As a result of the ongoing investigation, at least 51 alleged hands-on abusers have been prosecuted and 55 American children who were subjected to sexual abuse have been successfully identified or rescued.
The FBI’s Violent Crimes Against Children Section, Major Case Coordination Unit and Digital Analysis and Research Center investigated the case with assistance from the FBI’s Charlotte, Louisville, Tampa and Boston, Field Offices. Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Cortney Randall of the Western District of North Carolina prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Kentucky Man Sentenced to Prison for Engaging in A Child Exploitation EnterpriseRead the Press Release
CHARLOTTE, N.C. – A member of a highly sophisticated, global child exploitation enterprise dedicated to the sexual exploitation of children was sentenced to prison today.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division; U.S. Attorney Jill Westmoreland Rose of the Western District of North Carolina; Special Agent in Charge John A. Strong of the FBI’s Charlotte, North Carolina, Division; Special Agent in Charge Amy Hess of the FBI’s Louisville, Kentucky, Division made the announcement.
David Lynn Browning, 47, of Wooton, Kentucky, was sentenced to 240 months in prison for engaging in a child exploitation enterprise, along with a lifetime term of supervised release. U.S. District Judge Richard L. Voorhees of the Western District of North Carolina imposed the sentence. Browning pleaded guilty on Dec. 18, 2015, and has remained in the custody of the U.S. Marshals Service since his arrest on July 29, 2015.
According to admissions made in connection with the plea, Browning acted as the global moderator of a highly-sophisticated global enterprise dedicated to the sexual exploitation of children, organized via a members-only website that operated on the Tor anonymity network, through which he and more than 150,000 other members authored and viewed tens of thousands of postings relating to sexual abuse of children as young as infants and toddlers. According to admissions, Browning was heavily involved in the day-to-day operations of the website – including managing membership, developing and enforcing strict rules and deleting website content that did not depict or discuss child pornography. Browning also admitted to spending hundreds of hours logged in to the website – authoring more than 1,000 postings, and designing the website logo. In addition, Browning admitted that website members employed advanced technological means in order to undermine law enforcement’s attempts to identify them, including the use of a hidden service on the Tor anonymity network and elaborate file encryption.
On Sept. 16, 2016, a federal jury convicted co-defendant and lead administrator of the site, Steven W. Chase, 57, of Naples, Florida, of engaging in a child exploitation enterprise and related charges. A sentencing date for Chase has not yet been set. On Jan. 12, 2017, co-defendant and co-administrator of the site, Michael Fluckiger, 46, of Portland, Indiana, was sentenced to 240 months in prison for engaging in a child exploitation enterprise, along with lifetime supervised release.
As a result of the ongoing investigation, at least 51 alleged hands-on abusers have been prosecuted and 55 American children who were subjected to sexual abuse have been successfully identified or rescued.
The FBI’s Violent Crimes Against Children Section, Major Case Coordination Unit and Digital Analysis and Research Center investigated the case with assistance from the FBI’s Charlotte, Louisville, Tampa and Boston, Field Offices. Trial Attorney Reginald E. Jones of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Cortney Randall of the Western District of North Carolina prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Jicarilla Apache Man Pleads Guilty to Assaulting Intimate PartnerRead the Press Release
ALBUQUERQUE – Rode Lyle Enjady, 38, an enrolled member of the Jicarilla Apache Nation who resides in Dulce, N.M., pled guilty today in federal court in Albuquerque, N.M., to an assault charge. Under the terms of his plea agreement, Enjady will be sentenced to 36 months in prison followed by a term of supervised release to be determined by the court.
Enjady was arrested in Oct. 2016, on an indictment charging him with assault with a dangerous weapon, a knife, with intent to do bodily harm, assault with a dangerous weapon, a metal weight, with intent to do bodily harm, assault resulting in serious bodily injury, and assault of an intimate partner by strangling or suffocating. According to the indictment, Enjady committed the crimes between Feb. 11, 2016 and Feb. 17, 2016, on the Jicarilla Apache Reservation in Rio Arriba County, N.M.
During today’s proceedings, Enjady pled guilty to Count 3 of the indictment charging him with assault resulting in serious bodily injury. In entering the guilty plea, Enjady admitted that between Feb. 11, 2016 and Feb. 17, 2016, he physically abused his intimate partner, a Jicarilla Apache woman, the victim by physically assaulting her. Enjady also admitted that he caused the victim to lose a tooth, suffer from bruising to the face, head, abdomen, back, pubic region, and legs as well as suffer from stab wounds to her legs. A sentencing hearing has yet to be scheduled.
This case was investigated by the Jicarilla Apache Tribal Police Department and is being prosecuted by Assistant U.S. Attorney Nicholas J. Marshall.
This case was brought as part of the Tribal Special Assistant U.S. Attorney (Tribal SAUSA) Pilot Project in the District of New Mexico, which is sponsored by the Justice Department’s Office on Violence Against Women under a grant administered by the Pueblo of Laguna. The Tribal SAUSA Pilot Project seeks to train tribal prosecutors in federal law, procedure and investigative techniques to increase the likelihood that every viable violent offense against Native American women is prosecuted in either federal court or tribal court, or both. The Tribal SAUSA Pilot Project was largely driven by input gathered from annual tribal consultations on violence against women, and is another step in the Justice Department's on-going efforts to increase engagement, coordination and action on public safety in tribal communities.
Jackson County Man Sentenced for Methamphetamine OffenseRead the Press Release
On February 7, 2017, Lucas L. Holland, 31, of Desoto, was sentenced to federal prison for a methamphetamine violation, Donald S. Boyce, United States Attorney for the Southern District of Illinois, announced today.
Holland, who had previously pled guilty to a second superseding indictment charging him with conspiracy to manufacture and distribute methamphetamine, was sentenced to 188 months’ imprisonment, 3 years’ supervised release, and was fined $600.00. Evidence at the plea and sentencing hearings established that Holland was involved with numerous other persons in the manufacture of methamphetamine and the distribution of ice in Jackson and Perry Counties. Ice is methamphetamine which has a purity level of at least 80%. At sentencing, the district court found that Holland was responsible for the distribution of 1.68 kilograms of ice and the possession of 44.4 grams of pseudoephedrine. Two co-defendants were previously sentenced for their roles in the methamphetamine conspiracy. Three co-defendants have pled guilty and are awaiting sentencing in this case. One co-defendant has pled not guilty and is awaiting a February 27, 2017, jury trial.
The ongoing investigation is being conducted by the Jackson County Sheriff’s Office and the Murphysboro Police Department. The Union County Sheriff’s Office, Bureau of Alcohol, Tobacco, Firearms, and Explosives, DuQuoin Police Department, Southern Illinois Enforcement Group, and Jackson County States Attorney’s Office also assisted in the investigation.
Inland Empire Man Sentenced to 41 Months in Federal Prison in Fraudulent Tax Refund Scheme that Cost IRS nearly $400,000Read the Press Release
LOS ANGELES – A San Bernardino County man who filed tax returns with the Internal Revenue Service that led to nearly $400,000 in fraudulent tax refunds being issued has been sentenced to 41 months in federal prison.
John Metters, 53, of Fontana, was sentenced yesterday by United States District Judge Otis D. Wright II. In addition to the prison term, Judge Wright ordered Metters to pay restitution of $391,070 to the IRS.
Metters pleaded guilty in September to one count of making false claims to the United States and one count of theft of government money.
“This defendant compounded his brazen tax fraud by attempting to obstruct the ensuing investigation, to no avail,” said United States Attorney Eileen M. Decker. “Today’s sentence reflects not only the size of the fraud, but also the defendant’s willingness to obstruct justice by discouraging witnesses from answering subpoenas to testify before the grand jury.”
According to documents filed with the court, between 2007 and 2011, Metters operated a tax fraud scheme in which he filed federal tax returns on behalf of individuals that contained false information designed to inflate the refund paid by the IRS. In addition to reporting legitimate income and tax information, Metters included wages that had never been paid to the taxpayer. Metters supported these fraudulent claims with bogus documents from companies that either did not exist or never paid the income.
In one instance, Metters filed a 2008 tax return that reported the actual income paid by employers, but Metters also included a fraudulent Form W-2 and a fraudulent Form 1099-R from a phony employer. As a result of the tax return that contained false information, the IRS paid out a refund of $16,071.
“Justice was served and Mr. Metters was held accountable for his criminal activity,” stated Anthony J. Orlando, Acting Special Agent in Charge of IRS Criminal Investigation. “Let this sentence serve as a warning to others contemplating the same type of scheme – IRS Criminal Investigation will continue to vigorously pursue those who unjustly enrich themselves by filing false income tax returns.”
This investigation was conducted by IRS Criminal Investigation. The case was prosecuted by Assistant United States Attorneys Alexander Schwab and Sandhya Ramadas of the Organized Crime Drug Enforcement Task Force.
Idaho Man Pleads Guilty to Federal Hate CrimeRead the Press Release
Admits Assault Based on Victim’s Sexual Orientation
A Nampa, Idaho man pleaded guilty today in U.S. District Court to violently assaulting Steven Nelson because he was gay, resulting in Mr. Nelson’s death, announced Acting Assistant Attorney General Tom Wheeler, head of the Justice Department’s Civil Rights Division, and U.S. Attorney Wendy J. Olson for the District of Idaho.
Kelly Schneider, 23, was indicted by a federal grand jury on Jan. 10, with one count of violating the Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act.
“Kelly Schneider assaulted and killed a man because of the man’s sexual orientation,” said Acting Assistant Attorney General Wheeler. “This is a federal crime, and the Department of Justice will continue to work with our federal and state law enforcement partners to enforce our federal hate crimes laws.”
“Steven Nelson was assaulted and later died because he was gay,” said U.S. Attorney Olson. “This is precisely the kind of bias motivated violence that the Shepard-Byrd Act was passed to address. The federal prosecution in this case makes clear that this office, the Civil Rights Division and its law enforcement partners will pursue justice when a person is violently attacked based on who he loves and how he loves.”
According to the plea agreement, on the evening of April 27, 2016, Schneider posted a solicitation for sex on backpage.com, an Internet website, including in the solicitation a shirtless photo of himself. Mr. Nelson responded to that posting, and Schneider met with him the next evening. Schneider took Mr. Nelson’s money without engaging in any sexual act with Mr. Nelson. Before the encounter, Schneider told his friends that he was not gay and would not let anyone who was gay touch him.
In the early morning hours of April 29, Schneider resumed communication with Mr. Nelson. Schneider then conspired with other individuals to again rob Mr. Nelson. According to the plan, Schneider was to meet up with Mr. Nelson in a parking lot and ask Mr. Nelson to drive to an isolated wildlife area near Lake Lowell for a sexual encounter. Once there, Schneider would rob Mr. Nelson, and two of Schneider’s cohorts would be waiting as “back up” to assist him if Mr. Nelson resisted the robbery.
When Schneider and Mr. Nelson reached the isolated wildlife area, Schneider immediately began physically assaulting Mr. Nelson, kicking him 20 to 30 times with steel-toed boots and repeatedly using a homophobic slur. Mr. Nelson, who never resisted throughout the attack, died of his injuries later that day. No one else participated in the assault.
Sentencing is set for April 26, in front of Chief U.S. District Court Judge B. Lynn Winmill. The charge of willful assault based on sexual orientation, resulting in death, is punishable by up to life in prison, supervised release of not more than five years, and a $250,000 fine.
Schneider also pleaded guilty on Jan. 23, in state court to first-degree murder based on Mr. Nelson’s death.
The Canyon County Sheriff’s Office, with assistance from the Treasure Valley Metro Violent Crime Task Force, conducted the investigation. The case is being investigated federally by the FBI. The federal case is being prosecuted by U.S. Attorney Olson of the District of Idaho and Trial Attorney Aejean Cha of the Civil Rights Division.
Huntsville Pill Mill Doctor Sentenced to 15 Years in Prison for Illegal Prescribing and Health Care FraudRead the Press Release
BIRMINGHAM – A federal judge today sentenced a former Huntsville physician, who was the nation’s highest Medicare prescriber of opioid painkillers at the height of his practice, to 15 years in prison for illegally prescribing controlled substances and conducting health care fraud involving $9.5 million in unneeded and unused urine tests, announced Acting U.S. Attorney Robert Posey and FBI Special Agent in Charge Roger C. Stanton.
U.S. District Judge R. David Proctor sentenced SHELINDER AGGARWAL, 48, of Huntsville, in accordance with a binding plea agreement the physician entered with the government in September, ordering the 15-year sentence recommended by the government and directing Aggarwal to forfeit $6.7 million and his former clinic on Turner Street Southwest in Huntsville. The judge also ordered Aggarwal to pay $6.7 million in restitution to Medicare and Blue Cross Blue Shield of Alabama. Aggarwal must report to prison April 12. He will be on supervised release for three years after completing his prison sentence.
Aggarwal pleaded guilty in October to one count of distributing a controlled substance outside the scope of professional practice and not for a legitimate medical purpose in July 2012, and to one count of conspiring to execute a health care fraud scheme against Medicare and BCBS of Alabama between Jan. 1, 2011, and March 31, 2013. Aggarwal earlier repaid $2.8 million to Medicare and $45,843 to BCBS of Alabama following audits.
“Dr. Aggarwal used his medical license to generate tremendous profits by putting hundreds of thousands of pills on the street illegally,” Posey said. “As today’s sentence reflects, we are committed to prosecuting health care fraud and will seek severe penalties against any doctors who knowingly and illegally contribute to the growing epidemic of opioid drug abuse.”
“This defendant directly contributed to the opioid epidemic that is plaguing our nation,” Stanton said. “He also cost taxpayers millions of dollars by fraudulently claiming government reimbursement for thousands of lab tests that he never used to treat patients. I applaud the work of my agents and our partners to shut down Aggarwal’s pill mill and hold him accountable for his actions.”
Aggarwal surrendered his Alabama medical license in 2013, along with his Alabama and federal Drug Enforcement Administration certificates to prescribe controlled substances, after the Alabama Board of Medical Examiners initiated an investigation.
Aggarwal was a pain management doctor who operated a pill mill, Chronic Pain Care Services, in Huntsville. In 2012, about 80 to 145 patients a day visited Aggarwal’s clinic, with him seeing the majority of patients and writing all prescriptions. According to court documents, initial patient visits typically lasted five minutes or less, and follow-ups two minutes or less. Aggarwal did not obtain prior medical records for his patients, did not treat patients with anything other than controlled substances, often asked patients what medications they wanted and filled their requests, prescribed controlled substances to patients who he knew were using illegal drugs, and did not take appropriate measures to ensure that patients did not divert or abuse controlled substances. His plea agreement summarizes an interaction with a patient, which was captured on video. In it, Aggarwal notes that the DEA viewed him as the “biggest pill-pusher in North Alabama” and that many of his patients were “dropping like flies, they are all dying.”
Court documents cite the Prescription Drug Monitoring Program for Alabama, which tracks the dispensing of controlled substances, as well as Medicare data, to document Aggarwal’s prescribing practices.
According to the PDMP, Alabama pharmacies filled about 110,013 of Aggarwal’s prescriptions for controlled substances in 2012. That would equal about 423 prescriptions per day if he worked five days a week, and resulted in about 12.3 million pills. The PDMP rated Aggarwal as the highest prescriber of controlled substances filled in Alabama in 2012, with the next highest prescriber writing a third as many prescriptions.
Medicare data shows Aggarwal was the highest prescriber in the United States of Schedule II controlled substances under Medicare in 2012. Schedule II substances include the opioid painkillers oxycodone, oxymorphone, hydromorphone and morphine.
As to Aggarwal’s health care fraud scheme, he pleaded guilty to requiring patients to undergo unreasonable and unnecessary urine drug tests that he did not need or use in their treatment. Aggarwal acknowledged that the tests he ran depended not on patients’ treatment, but on how much he could bill for tests. He often ignored urine test results showing patients were using illegal drugs.
Between January 2011 and March 2013, urine drug tests accounted for about 80 percent of paid claims Aggarwal submitted to Medicare and Blue Cross, for a total reimbursement of $9.5 million. According to his plea agreement, “Aggarwal’s primary motivation for testing patients’ urine specimens, and submitting those claims for payment, was financial gain.”
The FBI investigated the case, based partly on an investigation conducted by the ABME. Assistant U.S. Attorneys Chinelo Dike-Minor and Russell Penfield prosecuted the case.
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Howell School Teacher Sentenced to Seven Years for Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN — Duane William Millar, age 60, of East Lansing, Michigan, was sentenced today to seven years in federal prison, announced Acting U.S. Attorney Andrew Birge. Millar, a former teacher with the Howell Public School District, pleaded guilty to receipt of child pornography last year.
In announcing the sentence, Chief U.S. District Judge Robert J. Jonker commented on Millar’s large collection of 40,000 images of child pornography, which dated back to 2004 and included depictions of sadomasochistic conduct. Judge Jonker expressed his concern that Millar exploited his position of trust with his students. Following his term of incarceration, Millar will serve seven years on supervised release and was ordered to contribute $5,000 to the Justice for Victims of Trafficking Act Fund. The Fund provides financial support for victims of child pornography, sex trafficking, and child sexual abuse. He must also register as a sexual offender.
Acting U.S. Attorney Birge noted that "a case that involves a teacher with an interest in child pornography is exceptionally troubling, because teachers have access to children and are in a special position of the trust with students, parents, and the public." At sentencing, the U.S. Attorney’s Office emphasized that while the investigation revealed no evidence of inappropriate sexual contact with his students, investigators were nonetheless concerned by the fact the otherwise innocuous images of his students had been digitally manipulated to include sexual imagery. "Every time a sexually explicit image of a minor is produced, transmitted, or viewed, a child is re-victimized," said Steve Francis, acting special agent in charge of HSI Detroit. "The fact that this defendant was in a position of trust is particularly disturbing and heightens our resolve to hold predators accountable."
This case is the result of an investigation by the Michigan State Police Internet Crimes Against Children Task Force (MSP ICAC), working in conjunction with HSI. The Ingham County Prosecutor’s Office initiated Millar’s prosecution and then referred the case for federal prosecution. The case was prosecuted by Assistant U.S. Attorney Alexis M. Sanford.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from exploitation and abuse. The U.S. Attorney’s Office; county prosecutor’s offices; and federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. Individuals with information or concerns about possible child exploitation should contact local law enforcement. For more information about Project Safe Childhood in West Michigan, including resources for children and parents, visit: http://www.justice.gov/usao/miw/programs/psc.html.
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Harrison County woman indicted for fentanyl distributionRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Lost Creek, West Virginia woman has been indicted for allegedly distributing fentanyl, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Taylor Michelle Syslo, age 24, was indicted today by a federal grand jury sitting in Wheeling for one count of “Distribution of Fentanyl.” The crime is alleged to have occurred in September 2016 in Marion County.
Syslo faces up to life in prison and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Shawn M. Adkins and Assistant U.S Attorney Traci M. Cook are prosecuting the case on behalf of the government. The Greater Harrison County Drug and Violent Crime Task Force, a HIDTA-funded initiative, investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Harrison County man indicted on possession of a firearm chargeRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Clarksburg, West Virginia man has been indicted for allegedly possessing a firearm after two domestic violence convictions, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Jesse Alan Clevenger, age 32, was charged today by a federal grand jury sitting in Wheeling for allegedly possessing a .30 caliber rifle illegally. Clevenger had previously been convicted on two separate charges of domestic battery in the Harrison County Magistrate Court. The crime is alleged to have occurred on June 28, 2016.
Clevenger faces up to ten years in prison and a fine of up to $250,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Traci M. Cook is prosecuting the case on behalf of the government. The Greater Harrison Drug & Violent Crime Task Force, a HIDTA-funded initiative, and the Bureau of Alcohol, Tobacco, Firearms and Explosives investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Fort Smith Man Sentened to 63 Months in Federal Prison for Firearms ViolationRead the Press Release
Fort Smith, Arkansas – Kenneth Elser, United States Attorney for the Western District of Arkansas, announced that Michael Butler, age 37 of Fort Smith, was sentenced today to 63 months in federal prison and three years of supervised release on one count of Felon in Possession of a Firearm. The Honorable Chief Judge P. K. Holmes, III presided over the sentencing hearing in the United States District Court in Fort Smith.
According to court records, on April 27, 2016, parole officers were conducting a compliance check in Sebastian County when they encountered Michael Butler as he was exiting a truck. Upon observing the officers, Michael Butler reached for the back of his waistband. Officers ordered him to the ground and retrieved a loaded .22 caliber revolver from his waistband. Michael Butler was arrested and taken into custody and confessed to possessing the firearm. Because he had at least one prior felony conviction at the time of his arrest, he was prohibited from possessing firearms. Michael Butler was named in a federal indictment in May, 2016 and pleaded guilty to the charge in June, 2016.
This is another case prosecuted as a part of the Department of Justice’s Project Safe Neighborhoods Initiative, which is aimed at reducing gun and gang violence, deterring illegal possession of firearms and improving the safety of residents in the Western District of Arkansas. Participants in the initiative include federal, state and local law enforcement agencies.
This case was investigated by Arkansas State Probation and Parole, Fort Smith Police Department and Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney David Harris prosecuted the case for the United States.
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Related court documents may be found on the Public Access to Electronic Records website @ www.pacer.gov
Former UND Police Officer Sentenced to Ten Years on Child Pornography ChargesRead the Press Release
FARGO - US Attorney Christopher C. Myers announced that on February 6, 2017, Paul Bradley Meagher, 43, Grand Forks, ND, was sentenced before US District Judge Ralph R. Erickson to serve 10 years in prison. Judge Erickson also ordered Meagher to serve 10 years’ supervised release, pay a $300 special assessment to the Crime Victims’ Fund, and pay restitution of $16,000.
US Attorney Myers noted: "The protection of children is a priority for all law enforcement in North Dakota and no matter who you are, if you choose to harm a child the response will be swift and sure."
"It’s disturbing when someone seeks to harm a child – even more so when that person is in a position of public trust and abandons their sworn duty," said Special Agent in Charge Alex Khu of HSI St. Paul. "The sentencing of this former police officer proves that HSI and our law enforcement partners will actively pursue anyone engaged in harming our community’s most vulnerable members."
In the fall of 2015, law enforcement was made aware of an IP address located in Grand Forks, ND, that had made multiple requests utilizing a sophisticated network of computers to anonymize its internet protocol (IP) address while trading child pornography. Shortly thereafter law enforcement learned that the suspect was employed at the University of North Dakota Police Department. On November 3, 2015, agents from the North Dakota Internet Crimes against Children (ICAC) Task Force executed a search warrant of Meagher’s residence, where multiple items were seized, including various media devices containing more than 50,000 images and videos.
This case was investigated by the Department of Homeland Security – Homeland Security Investigations and the North Dakota Bureau of Criminal Investigation.
Assistant US Attorney Jennifer Puhl prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by U.S. Attorneys’ Offices throughout the nation, Project Safe Childhood, in conjunction with Internet Crimes Against Children Task Force (ICAC), help federal, state, and local law enforcement agencies enhance their investigative responses to offenders who use the Internet, online communications systems, or computer technology to sexually exploit children. The ICAC Program is a national network of 61 coordinated task forces engaging in proactive investigations, forensic investigations, and criminal prosecutions. Project Safe Childhood also helps to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Former Tennessee Commerce Bank Executive Charged with Deceiving Federal RegulatorsRead the Press Release
Lamar Cox, 73, of Franklin, Tenn., former Chief Operating Officer and Board of Directors member of now defunct Tennessee Commerce Bank (TCB), was charged yesterday by felony Information for causing the bank to make a false statement to the Federal Deposit Insurance Corporation, announced Jack Smith, Acting U.S. Attorney for the administration of this case. TCB was closed by federal regulators on January 27, 2012, due to its failing financial condition.
According to the Information, Cox devised a scheme to deceive the FDIC by delaying reporting of the full amount of a $710,000 loss by TCB on the bundled sale of $4,000,000 in foreclosed properties. Cox sought to delay reporting the full amount of the loss so that TCB’s books would look better to federal bank examiners, who were scheduled to soon examine TCB. In order to accomplish the deception, Cox created a pre-planned and fraudulent “posting error,” causing TCB to only report $270,000 of the $710,000 loss from its sale of the foreclosed properties in the third quarter of 2009. Cox’s actions caused TCB to understate its net loss by $440,000 reported in the Call Report filed with the FDIC for the third quarter of 2009, thus concealing the true financial condition of TCB from shareholders, examiners and the public.
Cox faces up to 30 years in prison, a criminal fine of up to $1,000,000, and restitution to be determined by the Court. His sentence will be imposed by the Court after consideration of the U.S. Sentencing Guidelines and applicable federal statutes.
An Information is merely an accusation. The defendant is presumed innocent unless and until proven guilty in a court of law.
The case was investigated by the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP); the FDIC Office of Inspector General-Office of Investigations; and the FBI. The United States is represented by Assistant U.S. Attorney Thomas J. Jaworski.
Former Supervisor at the Laguna Pueblo Superette Pleads Guilty to Federal Embezzlement ChargeRead the Press Release
ALBUQUERQUE – The former supervisor at the Laguna Pueblo Superette, pled guilty today in federal court in Albuquerque, N.M., to embezzling funds from the Pueblo of Laguna.
Marshall J. Cheromiah, 32, of Mesita, N.M., was charged in an indictment filed on Nov. 5, 2015, with embezzling approximately $48,953.47 from the Pueblo of Laguna. According to the indictment, Cheromiah was working as an employee or agent of an Indian Tribal Organization when he committed the crime between July 2013 and Oct. 2014, in Cibola County, N.M.
During today’s proceedings, Cheromiah pled guilty to the indictment and admitted that from July 2013 through Oct. 2014, he was employed as a supervisor at the Laguna Pueblo Superette, which is owned by the Laguna Development Corporation and the Pueblo of Laguna. Cheromiah further admitted that while working at the Laguna Pueblo Superette, he embezzled approximately $48,953.47 of money and funds belonging to the Pueblo of Laguna.
Cheromiah’s plea agreement states that Cheromiah was responsible for supervising the operation of the ATM machine and ordering cash deliveries from the Bank of Albuquerque for stocking the ATM with cash. In the plea agreement, Cheromiah admitted that, when the Bank delivered cash for the ATM, he would skim or siphon approximately $10,000 or $20,000 for himself, which he used for gambling, paying off loans for friends, and a pleasure trip to Las Vegas, Nevada.
At sentencing, Cheromiah faces a maximum penalty of five years in federal prison. Cheromiah will also be required to pay approximately $21,758 in restitution. A sentencing hearing has yet to be scheduled.
This case was investigated by the Albuquerque office of the FBI and the Laguna Police Department. Assistant U.S. Attorney Paul H. Spiers is prosecuting the case.
Former Sarasota Woman Sentenced to Federal Prison for Fraudulently Obtaining Legal Status for AlienRead the Press Release
Tampa, Florida – U.S. District Judge Steven D. Merryday today sentenced Margaret Mary Epps, a/k/a Margaret Monroy (39, Los Angeles, California), to seven months in federal prison for immigration fraud. She pleaded guilty on November 7, 2016.
According to court documents, in September 2013, Epps, who was already married, entered into a second marriage with a Mexican citizen. She then fraudulently petitioned for the alien to enter the United States as her husband, while she was still living with her real husband in Sarasota. Between October 2013 and June 2014, Epps made multiple false statements to the U.S. Citizenship and Immigration Services (“USCIS”) and created false and fraudulent documents in order to convince the USCIS to permit the alien to lawfully enter the United States. In documents filed with the USCIS, Epps falsely stated that she had no prior spouse, that she had no prior dependent children, and that she was employed at a Sarasota elementary school. In fact, Epps was married, had two minor children, and had never been employed at the school.
In connection with her petitions to USCIS, Epps submitted multiple false documents, including a fraudulent Form 1040 U.S. Individual Income Tax Return and a W-2 form purporting to reflect more than $40,000 in income from the elementary school in 2013; a fraudulent earnings statements purporting to show income from the elementary school in 2014; a fraudulent notarized letter purporting to be from Epps’s mother affirming the marriage to the alien in which Epps had forged her mother’s signature and the notary seal; and a fraudulent birth certificate.
Based on Epps’s false representations, the alien was issued a lawful permanent resident card in January, 2015.
"This crime undermines our nation’s legitimate immigration system and creates a security vulnerability,” said Susan L. McCormick, special agent in charge of Tampa. “This criminal was looking for an illegal shortcut to obtain the benefits of U.S. citizenship. HSI special agents will continue to aggressively investigate this type of criminal activity.”
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It is being prosecuted by Assistant United States Attorney Jennifer L. Peresie.
Former Office Worker Sentenced to 30 Months in Prison for Stealing Nearly $290,000 from Three Different EmployersRead the Press Release
WASHINGTON – Tinita Joyner, 52, of Rockville, Md., was sentenced today to 30 months in prison for embezzling nearly $290,000 from three companies where she worked as an office manager or as an executive assistant, announced U.S. Attorney Channing D. Phillips and Andrew Vale, Assistant Director in Charge of the FBI’s Washington Field Office.
Joyner pled guilty in November 2016, in the U.S. District Court for the District of Columbia, to wire fraud. She was sentenced by the Honorable James E. Boasberg. Upon completion of her prison term, she will be placed on three years of supervised release. Judge Boasberg also ordered Joyner to pay a total of $289,640 in restitution.
According to the government’s evidence, Joyner stole the money from September 2012 through September of 2015, while working a succession of three jobs in which she had access to her employer’s financial information and accounts. The companies, which are not identified by name in court documents, did not authorize Joyner to make credit card purchases outside of her responsibilities of paying office related expenses and bank transfers and withdrawals that she then used for the benefit of herself and others.” The losses took place as follows:
“Company A” – Joyner was hired as an office manager in July 2012 for this consulting firm, which assisted organizations that wanted to establish and elevate their presence with emerging economies across the globe. In September of 2012, she became director of internal affairs and was in charge of the company’s day-to-day operations. According to the government’s evidence, from September 2012 through February 2014, Joyner fraudulently obtained $187,682 through unauthorized purchases on corporate credit cards and unauthorized bank transfers. Meanwhile, as the company fell behind on rental payments and payments for employee health insurance, Joyner forged documents to secure a loan for the firm. Finally, in February of 2014, the company’s chief executive officer learned that Joyner had forged his name, giving her unlimited access to the company’s account, and that she had made unauthorized withdrawals. Soon after that, he told Joyner that her services would no longer be needed. At the time of her departure, the company owed $31,120 on the bank loan that she had taken out.
Total loss caused by these activities: $218,802.
“Company B” – In April 2014, Joyner began employment at a temporary agency and was assigned to work as an executive assistant to the president of this non-profit that is focused on empowering students to become leaders in the community. In September of 2014, she was hired as a permanent employee. From August until December 2014, according to the government’s evidence, Joyner made $6,964 in unauthorized purchases on the company’s credit card. She also used the personal information of the president to fraudulently obtain two additional credit cards. From September 2014 through February 2015, she made $23,753 in unauthorized purchases on these cards. She also made two unauthorized electronic transfers to the cards from the company’s account, totaling $10,523. She was terminated in December 2014.
Total loss caused by these activities: $41,240.
“Company C” – In February 2015, Joyner was hired as the executive assistant to this management consulting company, which primarily worked with the federal government on civilian programs. From March 2015 through September 2015, according to the government’s evidence, she made $20,638 in unauthorized charges to the company’s credit card, using the money to pay a relative’s tuition at a private high school and for various personal expenses. In addition, she created six fraudulent vouchers that cost the company an additional $8,960.
Total loss caused by these activities: $29,598
In announcing the sentence, U.S. Attorney Phillips and Assistant Director in Charge Vale commended the work of those who investigated the case from the FBI’s Washington Field Office. They also expressed appreciation for the work of those who handled the case at the U.S. Attorney’s Office, including Arvind K. Lal, Chief of the Asset Forfeiture and Money Laundering Section, Paralegal Specialists Kaitlyn Krueger, Jessica Mundi and Christopher Toms, and Assistant U.S. Attorney Adrienne Dedjinou and former Assistant U.S. Attorney Teresa A. Howie, who investigated and prosecuted the matter.
Former Business Manager Sentenced to Prison for Stealing More than $1.7 Million from Labor Union, Unlawful Labor Payments, Fraud and Money LaunderingRead the Press Release
A former business manager of the Local 657 of the Laborers International Union of North America (LIUNA) was sentenced today to 48 months in prison for stealing more than $1.7 million from Local 657.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Assistant Director in Charge Andrew W. Vale of the FBI’s Washington Field Office, Special Agent in Charge Robin Blake of the Department of Labor Office of Inspector General Washington, D.C., Regional Office and District Director Mark Wheeler of the Department of Labor’s Office of Labor-Management Standards Washington, D.C., District Office made the announcement.
Anthony Wendel Frederick Sr., 50, of Upper Marlboro, Maryland, was sentenced today by U.S. District Judge Amit P. Mehta of the District of Columbia, who also ordered Frederick to pay $1,632,000 in restitution to Local 657 and to forfeit $1,734,000 of criminally-derived proceeds.
LIUNA’s Local 657, now merged into LIUNA Local 11, is a labor organization that represents construction laborers in Washington, D.C., and five adjacent counties. Frederick served as the business manager for Local 657 for approximately 10 years until June 2014.
According to Frederick’s plea and co-conspirator’s trial evidence, from approximately May 2013 through June 2014, Frederick directed more than $1.7 million in Local 657 funds to STS General Contracting of Greenbelt, Maryland, without the knowledge or authorization of the Local 657 Executive Board or LIUNA International officials. Frederick also admitted that principals of STS General Contracting made a number of financial payments to Frederick with the funds stolen from Local 657, including a down payment of $225,000 on a home Frederick purchased and directed more than $600,000 to a corporation owned in part by Frederick’s wife.
The FBI and the Department of Labor investigated the case. Trial Attorneys Vincent J. Falvo and David Karpel of the Criminal Division’s Organized Crime and Gang Section prosecuted the case.
Felon from Farmington Pleads Guilty to Firearms Charge and Misrepresenting Himself as Recipient of Military HonorsRead the Press Release
ALBUQUERQUE – Anthony Lee Gambino, 44, of Farmington, N.M., pled guilty today in federal court in Albuquerque, N.M., to violating the federal firearms laws and making false representations about having received military medals and decorations.
According to court filings, Gambino was the owner and operator of Gambino Security Safety Corp., a security company based in Aztec, N.M. Investigation revealed that Gambino was producing commercial videos and photos for his company advertising different types of tactical and firearms training which depicted Gambino armed with a rifle, holstered side arms and hand guns. Gambino also represented to a prospective vendor of his commercial tactical services that he was a combat veteran who had earned medals and ribbons including the Purple Heart. Court filings indicate that Gambino fraudulently enlisted in the U.S. Marine Corps which resulted in a discharge from the military, and that there were no records indicating that Gambino was awarded the Purple Heart or the Marine Corps Combat Action Ribbon.
Gambino was arrested in May 2016, on a criminal complaint charging him with being a felon in possession of firearms and making false representations about receiving military medals and decorations. Gambino was subsequently indicted on the same charges on May 25, 2016. According to the indictment, Gambino was prohibited from possessing firearms or ammunition because he previously had been convicted on charges of commercial burglary, failure to appear, and menacing involving a deadly weapon. According to the indictment, Gambino committed the crimes on May 12, 2016, in San Juan County, N.M.
During today’s proceedings, Gambino pled guilty to the indictment and admitted that on May 12, 2016, he was in possession of six firearms and multiple rounds of ammunition despite his status as a convicted felon prohibited from possessing firearms or ammunition. Gambino further admitted that he fraudulently held himself out to be a recipient of a Purple Heart and a Combat Action Ribbon with intent to obtain money, property or other tangible benefit. At sentencing, Gambino faces a maximum penalty of ten years in prison. A sentencing hearing has yet to be scheduled.
This case was investigated by Homeland Security Investigations and the San Juan County Sheriff’s Office. Assistant U.S. Attorney George C. Kraehe is prosecuting the case.
Felon Convicted of Assaulting A Federal Officer with A Dangerous and Deadly WeaponRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces that a federal jury today found Abasi Akeem Smith (30, Orlando) guilty of assaulting a federal officer with a dangerous or deadly weapon. Smith, who was on federal supervised release at the time and whose criminal history includes multiple drug-trafficking convictions, faces a maximum penalty of 20 years in federal prison. His sentencing hearing is scheduled for April 25, 2017. Smith was indicted on September 21, 2016.
According to testimony and evidence presented at trial, on March 30, 2016, task force officers with the U.S. Marshals Service Florida/Caribbean Regional Fugitive Task Force were seeking to apprehend Smith pursuant to a felony arrest warrant, and they located Smith while he was driving a vehicle. When the officers attempted to block Smith into a parking lot to arrest him, Smith rammed one of the vehicles that an officer was driving, then attempted to escape before hitting a fence and an unoccupied vehicle. Smith subsequently jumped over the fence and fled on foot, but the officers were able to apprehend him.
This case was investigated by U.S. Marshals Service, the Orange County Sheriff’s Office, and the Seminole County Sheriff’s Office. It is being prosecuted by Assistant United States Attorney Embry J. Kidd.
Federal Probation, BMV Launch New ID Exchange ProgramRead the Press Release
COLUMBUS, Ohio – The U.S. Probation Office for the Southern District of Ohio and the Ohio Department of Public Safety, Bureau of Motor Vehicles have created a supervision ID card for inmates leaving federal prison. The ID serves as a legitimate form of identification to obtain a state of Ohio ID or driver’s license.
The Department of Justice urged districts nationwide to enhance the identification process as part of BOP reforms announced in November 2016, recognizing that possession of government-issued identification documents is critical to successful reentry. Without such documentation, men and women leaving correctional facilities face significant challenges securing employment and housing, registering for school, opening bank accounts and accessing other benefits, such as health care, that are critical to successful integration.
The initiative in the Southern District of Ohio, which launched last month, allows recently released eligible offenders to obtain an Ohio ID card, learner’s permit, driver’s license or commercial driver’s license. Eligible offenders include those who have been released from the U.S. Bureau of Prisons system, are citizens or legal residents of the United States and who reside in Ohio.
The Probation Office will provide the offender with a U.S. Offender Release Card, which contains the individual’s photograph, legal name, date of birth, social security number and an expiration date. That Card can then be exchanged for the official state ID at the BMV.
“I commend Chief U.S. Probation Officer John Dierna and his team for bringing to fruition a practical and tangible solution for inmates leaving our federal facilities and returning to the Southern District of Ohio,” U.S. Attorney Glassman said. “Obtaining an ID seems simple enough, but for many of the men and women leaving federal prison, it can pose an enormous barrier to gaining employment and moving forward with productive and law-abiding lives. Removing this kind of barrier promotes public safety by improving the likelihood of successful reentry.”
Drug Traffickers Sentenced to Federal PrisonRead the Press Release
Greenbelt, Maryland – U.S. District Judge Deborah K. Chasanow sentenced Joseph Leroy Miles, Sr., age 63, of Westernport, Maryland, to nine years in prison, followed by five years of supervised release for conspiring to possess with intent to distribute crack cocaine.
Judge Chasanow sentenced co-conspirator Jovan Brian Lancaster, age 32, of Gaithersburg, Maryland, to eight years in prison, followed by three years of supervised release, for conspiracy to possess with intent to distribute heroin and cocaine. The sentencing hearings were held on February 6, 2017.
The sentences were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Gordon B. Johnson of the Federal Bureau of Investigation, Baltimore Field Office; Chief J. Thomas Manger of the Montgomery County Police Department; Chief Hank Stawinski of the Prince George’s County Police Department; Acting Chief Bob Rappoport of the Rockville City Police Department; and Montgomery County State’s Attorney John McCarthy.
According to Miles’ plea agreement, from March to April 30, 2015, Miles conspired with others to distribute cocaine and crack. Miles purchased the cocaine from George Earl Gee and others in Silver Spring to distribute to his customers in Westernport and the surrounding area. On March 1, 2015, law enforcement overheard Miles talking to Gee by phone to arrange to meet near Bel Pre Square in Silver Spring, Maryland to purchase crack and cocaine. Miles then met with the Gee and bought three and a half ounces of powder cocaine for $4,200. Miles redistributed the drugs to his customers in Westernport. At a second meeting on April 30, Miles bought 62 grams of crack for $2,400 and began to travel back from Silver Spring to Westernport with an associate to sell the drugs. Montgomery County Police officers stopped the vehicle and seized 62 grams of crack from the associate, to whom Miles had given the drugs to hide.
According to Lancaster’s plea, from February 2015 through April 29, 2015, Lancaster conspired with Gee, who supplied him with cocaine and heroin, which Lancaster then distributed to customers in and around Montgomery County. In February and March 2015, Lancaster and Gee discussed a drug debt that Lancaster owed Gee for a prior drug transaction. On February 7, 2015, Gee refused to sell Lancaster more drugs until he settled his debt. On March 12, 2015, one of Lancaster’s family members arranged to meet Gee and provided him with $3,800 to settle the debt. On March 26, 2016, Lancaster contacted Gee and arranged to purchase $750 worth of heroin (approximately 10 grams). Law enforcement overheard several other conversations in which Lancaster arranged to purchase heroin and/or cocaine from Gee.
All 15 defendants charged in this case, including Miles, Lancaster, and George Gee have pleaded guilty to their roles in the drug conspiracy. Twelve defendants have been sentenced to between eight months and 10 years in prison. The remaining defendants are awaiting sentencing.
United States Attorney Rod J. Rosenstein praised the FBI, the Montgomery County Police Department, Prince George’s County Police Department and Rockville Police Department for their work in the investigation. Mr. Rosenstein commended the Montgomery County State’s Attorney’s Office for its assistance, and thanked Assistant U.S. Attorneys Joseph R. Baldwin, Jennifer R. Sykes, and Daniel C. Gardner, who are prosecuting this this Organized Crime Drug Enforcement Task Force case.
Dr. Gary Marder and the United States Consent to a Final Judgement of over $18 Million to Settle False Claims Act AllegationsRead the Press Release
Gary L. Marder, D.O., a physician residing in Palm Beach County and the owner and operator of the Allergy, Dermatology & Skin Cancer Centers in Port St. Lucie and Okeechobee, and the United States of America have stipulated to a consent final judgment of over $18 million to settle False Claims Act allegations against Dr. Marder. Co-defendant, Robert I. Kendall, M.D., a physician practicing in Coral Gables, has also agreed to pay the United States $250,000 to settle allegations that he violated the False Claims Act.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Shimon R. Richmond, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General (HHS-OIG), Miami Region, and John F. Khin, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), Southeast Field Office, made the announcement.
The allegations arose from a qui tam lawsuit filed by whistleblower, Theodore A. Schiff, M.D., alleging that Dr. Marder knowingly submitted claims to federal healthcare programs for medically unnecessary biopsies and radiation therapy services, radiation therapy services performed in contravention of standard practice regarding the amount of time between radiation treatments, and radiation therapy services performed without direct supervision and by unlicensed and/or unqualified physician assistants. The lawsuit further alleged that Dr. Kendall submitted false claims to federal and state healthcare programs for laboratory services tainted by kickbacks to, and improper financial relationships with, Dr. Marder. The United States intervened in the Civil Action on October 14, 2014, and filed its Complaint in Intervention on November 19, 2014.
In September 2016, the Court granted summary judgment in favor of the United States with respect to several key issues in the case, finding that Dr. Marder knowingly submitted false claims to Medicare by requesting reimbursement for services that he never actually performed or directly supervised due to his frequent absence from his medical clinics (including expansive periods of foreign travel) on days corresponding to over fifty percent of the payments that Dr. Marder received from Medicare. The Court further found that all Dr. Marder’s claims for medical physicist services submitted to Medicare since 2011 were false, and that Dr. Marder had actual knowledge that a physicist did not perform the corresponding services. The Court made no determination of liability against Dr. Kendall in this matter.
“Today’s settlement demonstrates this Office’s ongoing commitment to hold accountable healthcare providers who receive reimbursements from government-sponsored healthcare programs for services that are never actually performed. This conduct results in significantly increased costs to the federal government and others,” said Wifredo A. Ferrer, United States Attorney for the Southern District of Florida.
“Doctors who are more concerned with boosting their profits at the expense of taxpayer-funded health care programs than they are with patient safety will be held accountable,” said Shimon R. Richmond, HHS-OIG Miami Special Agent in Charge. “Working with our law enforcement partners, we will continue to protect the integrity of federal health care programs and the patients served by those programs.”
"This settlement highlights the commitment of DCIS and its law enforcement partners to protect the integrity of TRICARE, the Department of Defense health care program serving our warfighters, their family members, and military retirees," said Special Agent in Charge John F. Khin of DCIS Southeast Field Office. "Health care providers who seek financial gain through false claims and irresponsible treatment of their patients, will be diligently investigated and held accountable for their actions."
The settlement was the result of a coordinated effort by the United States Attorney’s Office for the Southern District of Florida, HHS-OIG, DCIS, U.S. Office of Personnel Management, Office of Inspector General (OPM-OIG) and the Federal Bureau of Investigation (FBI). The case was investigated and the settlement negotiated by Assistant U.S. Attorney’s Mark Lavine and John Spaccarotella.
The case is captioned United States of America and the State of Florida ex rel. Theodore A. Schiff, M.D. v. Gary L. Marder, D.O., Allergy, Dermatology & Skin Cancer Center, Inc., Megan Bock, P.A., Martin Burke, P.A., Robert I. Kendall, M.D., and Kendall Medical Laboratory, Inc., Case No. 1:13-cv-24503-KMM (S.D. Fla.). The claims asserted against Dr. Marder and Dr. Kendall are merely allegations.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or on http://pacer.flsd.uscourts.gov.
Detroit man and Los Angeles man indicted in separate drug-related casesRead the Press Release
CLARKSBURG, WEST VIRGINIA – A Detroit, Michigan man and Los Angeles, California man have been indicted on drug charges, Acting United States Attorney Betsy Steinfeld Jividen, announced.
Aaron Deshawn Campbell, age 28, of Detroit, Michigan, was indicted today by a federal grand jury for one count of “Distribution of Cocaine Base in Proximity of a Protected Location,” one count of “Distribution of Cocaine Base,” and one count of “Distribution of Heroin.” The crimes are alleged to have occurred in May and June of 2015 in Monongalia County.
Campbell faces up to 40 years in prison and a fine of up to $2,000,000 for the distribution of cocaine near a protected location count and up to 20 years in prison and a $1,000,000 fine for each of the other counts. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Zelda E. Wesley is prosecuting the case on behalf of the government. The Mon Metro Drug and Violent Crime Task Force, a HIDTA-funded program, investigated.
In a separate case, Cesar Navarro, age 38, of Los Angeles, California, was indicted today by a federal grand jury for one count of “Conspiracy to Distribute Methamphetamine.” The crime allegedly took place between September 2014 and December 2016 in Grant County.
Navarro faces up to 20 years in prison and a $1,000,000 fine. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen Warner is prosecuting the case on behalf of the government. The United States Postal Inspection Service investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.Delaware County Podiatrist Sentenced to 8 Years in Prison for Health Care FraudRead the Press Release
PHILADELPHIA – Today, a federal judge sentenced Stephen A. Monaco, a former podiatrist, to 97 months’ imprisonment for defrauding Medicare, Medicaid and private victim insurance companies, announced Acting United States Attorney Louis D. Lappen. Defendant Monaco pleaded guilty to health care fraud on August 23, 2016, and surrendered his DEA license.
Between January 2008 and October 31, 2014, the defendant, who operated A Foot Above Podiatry in Havertown, PA, submitted fraudulent bills to Medicare for at least approximately $5 million dollars for certain podiatric procedures that were not performed at all, and other procedures that were not medically necessary. In some cases, Monaco provided “pill seeking” patients with prescriptions for oxycodone, a dangerous and addictive opioid medication, in exchange for payments from health insurance providers. Individuals seeking oxycodone from Monaco received painful injections in their toes and feet, for which Monaco submitted fraudulent claims to the patients’ insurance providers. Monaco administered these medically unnecessary injections to create the appearance of legitimacy for his prescription of opioids.
In addition to the prison term, The Honorable Juan R. Sánchez ordered the defendant to serve three years of supervised release upon release from prison, and to pay restitution in the amount of $4,960,295. The defendant was also ordered to forfeit assets traceable to the offense.
The case was investigated by the U.S. Department of Health and Human Services Office of the Inspector General, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Office of Personnel Management Office of the Inspector General, the United States Railroad Retirement Board Office of Inspector General, and the Pennsylvania Office of Attorney General Medicaid Fraud Control Section. The case is being prosecuted by Assistant United States Attorneys M. Beth Leahy and Jennifer B. Jordan.
Danville Resident Pleads Guilty to Conspiracy to Defraud United StatesRead the Press Release
SAN FRANCISCO, Calif. – Kamran Azizi pleaded guilty today to conspiring to defraud the United States, announced United States Attorney Brian J. Stretch and Internal Revenue Service, Criminal Investigation, Special Agent in Charge Michael T. Batdorf.
According to the plea agreement, during 2005 through 2008, Azizi, 59, of Danville, was responsible for compiling donations made to Maktab Tarighe Oveyssi Shahmaghsoudi (MTO), a Sufi Islamic organization with several centers in the Northern District of California. Azizi acknowledged that during that period, with the assistance of his co-conspirator, Hedyeh Shoar, aka Hedyeh Azizi (to whom he was married until 2007), he kept more than $250,000 of members’ donations to MTO for his own benefit. Azizi and Shoar then worked together to hide this income from the United States by, among other things, concealing it from the individual who prepared their federal income tax returns, and signing and filing tax returns which omitted this income.
A federal grand jury indicted Azizi with one count of conspiracy, in violation of 18 U.S.C. § 371, and two counts of filing a false tax return, in violation of 26 U.S.C. § 7206(1). Pursuant to today’s agreement, Azizi pleaded guilty to the conspiracy count. Azizi is scheduled to appear on June 23, 2017, before the Honorable Vince Chhabria, U.S. District Judge, for sentencing.
The maximum statutory penalty for the conspiracy violation is five years in prison and a $250,000 fine. In addition, a term of supervised release may be imposed; however, any sentence following conviction would be imposed by the court only after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Michael G. Pitman is prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service, Criminal Investigation.
Dallas Man Sentenced to 18 Years in Federal Prison for Possessing MethamphetamineRead the Press Release
DALLAS — Devin Patrick Lessig, has been sentenced by U.S. District Judge Sam A. Lindsay to serve a total of 18 years in federal prison following his guilty plea in April 2016 to an indictment charging one federal felony drug offense, announced U.S. Attorney John Parker of the Northern District of Texas.
Specifically, Lessig, 25, of Dallas, pleaded guilty to one count of possession with intent to distribute a controlled substance. According to the factual resume filed in the case, in June 2015, a Texas Department of Public Safety State Trooper attempted to initiate a traffic stop on a motorcycle on Dallas Parkway in Dallas County. The motorcycle, operated by Lessig, failed to stop and a pursuit occurred. After crashing the motorcycle, Lessig was arrested and the motorcycle was confirmed stolen out of New York. During a search of the suspect's backpack, Lessig was found to be in possession of approximately one hundred ten grams of a crystal like substance that was submitted for laboratory analysis. The substance tested positive for methamphetamine. Approximately fourteen grams of a black tar substance believed to be heroin, seven pills believed to be ecstasy, a black Glock 27 .40 caliber pistol and other drug paraphernalia were also located.
Additionally, in August 2015, Addison Police Officers located a stolen motorcycle in the Motel 6 parking lot off Belt Line Road, Addison, TX. While conducting surveillance on the stolen motorcycle, Addison police officers observed Lessig exit a room carrying a black backpack. Addison police officers prevented Lessig from departing the parking lot by blocking the motorcycle in. While blocking the motorcycle in, Lessig jumped off of the motorcycle and fled on foot through the Motel 6 parking lot. As Lessig was running, he discarded the black backpack in the parking lot near the room where he had recently exited. Addison police officers secured the discarded black backpack and the stolen motorcycle. Addison police officers eventually apprehended and detained Lessig a couple blocks away from the Motel 6.
Addison police officers searched the black backpack previously discarded by Lessig and found an AK-47 assault pistol with a pistol grip attached to the front, two loaded pistols and ammunition, prescription medication, a pill bottle containing 88 tablets of suspected 3,4-Methylenedioxy Methamphetamine, and a Tupperware container full of suspected methamphetamine. Addison police officers recovered another pistol in the immediate area of where Lessig was apprehended, believed to have been discarded by Lessig as he fled the location. The substance was ultimately submitted for laboratory analysis and it was found to be methamphetamine.
The Texas Department of Public Safety, Addison Police Department and Dallas Police Department investigated the case. Assistant U.S. Attorney George Leal was in charge of the prosecution.
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Corona Woman Sentenced to over 2 Years in Federal Prison for Embezzling more than $500,000 from her EmployerRead the Press Release
SANTA ANA, California – A Corona woman who embezzled more than $500,000 from her employer, an Irvine-based property management company, has been sentenced to serve 27 months in federal prison.
Kristina Hosea, 46, of Corona, was sentenced yesterday by United States District Judge Cormac J. Carney, who also ordered the defendant to pay $515,619 restitution.
Hosea pleaded guilty in 2015 to one count of wire fraud and admitted that she stole money from her employer, Advanced Real Estate Services, Inc. (ARES), where she worked as the assistant to the president.
“This defendant stole funds for years to pay for rent, her cars, a retirement account and a quinceanera for her daughter,” said United States Attorney Eileen M. Decker. “Businesses place trust in their employees who handle their finances, and crimes like this defendant’s harm the business and all of the business’ employees.”
According to court documents, Hosea was responsible for reviewing and approving invoices, as well as preparing checks to be signed by the company president. She was also provided a company credit card to be used only for business purposes.
From at least September 2008 and through May 2014, Hosea knowingly defrauded ARES by wiring company funds to her personal bank account and cashing at least 100 ARES checks made payable to her and others for non-business expenses. She also used company credit cards to make purchases unrelated to the company’s business.
In order to conceal her actions and avoid detection, Hosea altered and modified bank and credit card statements, created phony invoices and deleted records of checks from the company’s computers.
“The defendant supplemented her income with stolen company funds and became accustomed to living beyond her means by regularly defrauding her employer,” said Deirdre Fike, the Assistant Director in Charge of the FBI’s Los Angeles Field Office. “Ultimately, the greed which led to her criminal actions came under scrutiny and she will pay for her crime behind bars and through court-ordered restitution.”
Judge Carney ordered the defendant to begin serving her prison sentence by February 21.
This case was investigated by the Federal Bureau of Investigation and was prosecuted by Assistant United States Attorney Gregory W. Staples of the Santa Ana Branch Office.
Coraopolis Man Sentenced to Prison for Drug, Gun Law ViolationsRead the Press Release
PITTSBURGH - A resident of Coraopolis, Pennsylvania, has been sentenced in federal court to 57 months’ incarceration, followed by four years of supervised release on his conviction of violating federal drug trafficking and firearms laws, Acting United States Attorney Soo C. Song announced today.
United States District Judge Mark R. Hornak imposed the sentence on Hasan Sharif Reed, age 37, of Coraopolis, Pennsylvania.
According to information presented to the court, from October 2013, and continuing to in and around April 2014, in the Western District of Pennsylvania and elsewhere, Reed conspired with others to distribute and possess with the intent to distribute more than 300 grams but less than 400 grams of cocaine. In addition, during that time frame, Reed and several of his co-conspirators conspired to possess firearms in furtherance of the drug trafficking.
Prior to imposing sentence, Judge Hornak noted that Reed had a “significant criminal history,” including three prior convictions involving firearms. Judge Hornak rejected a request by counsel for Reed to impose a more lenient sentence (i.e., to vary downward from the advisory sentencing guidelines range).
Assistant United States Attorney Troy Rivetti prosecuted this case on behalf of the government.
The investigation was funded by the federal Organized Crime Drug Enforcement Task Force Program (OCDETF). The OCDETF program supplies critical federal funding and coordination that allows federal and state agencies to work together to successfully identify, investigate, and prosecute major interstate and international drug trafficking organizations and other criminal enterprises.
Acting United States Attorney Song commended the Federal Bureau of Investigation, the FBI Greater Pittsburgh Safe Streets Task Force, Wilkinsburg Police Department, Allegheny County Sheriff’s Office, Pennsylvania Office of the Attorney General, Munhall Police Department, Duquesne Police Department, Monroeville Police Department, Allegheny County Police Department, West Mifflin Police Department, Bellevue Police Department, and the Pittsburgh Bureau of Police for the investigation leading to the successful prosecution of Reed.
Cedar Rapids Heroin Dealer Sentenced for Causing OverdoseRead the Press Release
A Cedar Rapids man who distributed heroin and fentanyl that resulted in a young woman being hospitalized for a serious injury was sentenced on February 6, 2017, to more than 12 years in federal prison.
Shawn Albert, age 25, from Cedar Rapids, Iowa, received the prison term after an October 5, 2016, guilty plea to one count of distribution of heroin and fentanyl.
During the sentencing hearing the court detailed Albert’s criminal conduct, in which Albert distributed a mixture of heroin and fentanyl to his then girlfriend, M.E., on September 27, 2015. M.E. overdosed on the mixture and Albert failed to immediately seek medical assistance. Ultimately, M.E. was treated and hospitalized for her injuries, some of which may be permanent.
Albert was sentenced in Cedar Rapids by United States District Court Judge Linda R. Reade. Albert was sentenced to 151 months’ imprisonment. A special assessment of $100 was imposed, and he must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system. Albert is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick J. Reinert and was investigated as part of the National Heroin Initiative and the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Cedar Rapids Police Department and the Drug Enforcement Administration (DEA) Task Force consisting of the DEA; the Linn County Sheriff's Office; the Cedar Rapids Police Department; the Marion Police Department; the Iowa City Police Department; and the Iowa Division of Narcotics Enforcement.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 16-0053. Follow us on Twitter @USAO_NDIA.
Bloomsburg Man Indicted for Attempted Production of Child Pornography and Attempted Enticement of Minors for SexRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that David Dewald, age 40, of Bloomsburg, Pennsylvania, was indicted by a federal grand jury for two counts of attempted production of child pornography, and three counts of enticement of a minor to engage in illegal sexual activity.
According to United States Attorney Bruce D. Brandler, the indictment alleges that Dewald attempted to persuade and entice two minors to engage in sexually explicit conduct for the purpose of producing a visual image of such conduct, and enticed, persuaded and attempted to entice and persuade three minors to engage in illegal sexual activity between July 2015 and May 2016.
If convicted of the charges, Dewald faces a mandatory minimum sentence of 15 years in prison and a potential maximum sentence of 30 years in prison for the child pornography charges, and a mandatory minimum sentence of 10 years in prison and a potential maximum sentence of life in prison for the enticement and attempted enticement of a minor charges.
The case was investigated by the Federal Bureau of Investigation and Delaware County Detectives. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for the enticement of a minor offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. The maximum penalty under federal law for the child pornography offenses is 30 years’ imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Biopharmaceutical Employee Arrested for Insider TradingRead the Press Release
BOSTON – The Director of Statistical Programming for a Cambridge-based biopharmaceutical company was arrested and charged today with participating in an insider trading scheme.
Songjiang Wang, 52, was charged with conspiracy to commit securities fraud. Wang’s friend, Schultz “Jason” Chan, was the Director of Biostatistics at a different Cambridge-based biopharmaceutical company. According to the criminal complaint, from November 2013 to September 2015, Wang and Chan conspired to commit securities fraud by trading insider information regarding successful clinical drug trials at their respective companies. Specifically, Wang allegedly traded on inside information Chan provided regarding a clinical study conducted by Chan’s employer. In addition, Wang tipped Chan in advance of a series of announcements made by Wang’s employer regarding various clinical trial results. Furthermore, Wang allegedly gave Chan cash, which Chan used to purchase shares of Wang’s employer. Chan subsequently sold those shares and paid Wang back.
In June 2016, Chan was charged with securities fraud in connection with tipping Wang and with trading in his own employer’s stock while in possession of inside information about a study.
The charging statute provides for a sentence of no greater than five years in prison, three years of supervised release, and a fine of $250,000 or twice the gross gain or loss, whichever is greater. Actual sentences for federal crimes are typically less than the maximum penalties. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney William D. Weinreb and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division, made the announcement today. The United States Attorney’s Office received valuable assistance from the Securities & Exchange Commission. Assistant U.S. Attorney Sarah E. Walters and Stephen E. Frank, Chief and Deputy Chief, respectively, of Weinreb’s Economic Crimes Unit are prosecuting the case.
The details contained in the complaint are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Beckley man sentenced to 20 years in federal prison for role in California-to-West Virginia drug conspiracyRead the Press Release
CHARLESTON, W.Va. – A Beckley man substantially involved in a California-to-West Virginia drug conspiracy was sentenced yesterday to 20 years in federal prison, announced United States Attorney Carol Casto. Velarian Sylvester Carter, 37, previously pleaded guilty to conspiracy to distribute more than 50 grams of methamphetamine.
Carter admitted that from January 2015 to March 2016, he was involved in a drug conspiracy with multiple individuals that included the transportation and distribution of methamphetamine. He admitted that in January 2015, he conspired to have methamphetamine delivered from California to West Virginia. Carter also admitted to receiving methamphetamine from Daniel Ortiz-Rivera, a codefendant, until Ortiz-Rivera was arrested in Kansas in June 2015. Ortiz-Rivera’s arrest prompted Carter to begin purchasing drugs directly from Ortiz-Rivera’s supplier.
Carter further admitted that on March 21, 2016, a confidential informant working with law enforcement discussed the logistics of bringing drugs to Charleston with Carter, including cocaine, methamphetamine, marijuana, and heroin. That same day, law enforcement stopped Carter and seized suspected drugs and approximately $28,000 in cash from the vehicle. Carter additionally admitted that on March 24, 2016, he arranged with confidential informants for the pickup of two pounds of methamphetamine in exchange for $12,000 in Charleston. On March 25, 2016, Carter arrived at the pre-arranged location and parked near the vehicle he was told contained methamphetamine. After Carter’s arrival, law enforcement arrested him and seized $11,990 cash that he kept inside a Burger King bag.
This prosecution is the result of a multi-agency investigation that led to an eight-count indictment implicating several defendants, some of whom have already been sentenced to prison. Daniel Ortiz-Rivera, a Mexican national, was sentenced to 12 years and seven months in federal prison for conspiracy to distribute more than 50 grams of methamphetamine. Kelly Newcomb, of Nevada, and Danielle Dessaray Estrada, of Los Angeles, were both sentenced to a year and a day in prison for interstate travel in furtherance of a drug crime. Marco Antonio Bojorquez-Rojas, a Mexican national residing in California, was sentenced to a year and a half in prison for interstate travel in furtherance of a drug crime.
Several of the defendants have pleaded guilty and are awaiting sentencing. A woman who was used as a mule to transport methamphetamine, Cara Linn Monasmith, of Nevada, pleaded guilty to interstate travel in furtherance of a drug crime. Additionally, as part of this conspiracy, Rafael Garcia Serrato, of Los Angeles, Cesar Garcia, also of Los Angeles, Miguel Tafolla-Montoya, a Mexican national, Brian Ashby, of Kanawha County, and Miguel Alejandro Robles-Ibarra, a Mexican national, previously pleaded guilty to conspiring to distribute more than 50 grams of methamphetamine.
The FBI, Homeland Security Investigations, the United States Postal Inspection Service, the Charleston Police Department, and the Metropolitan Drug Enforcement Network Team conducted the investigation. Assistant United States Attorney Jennifer Rada Herrald is in charge of these prosecutions. United States District Judge John T. Copenhaver, Jr., imposed the sentence and is presiding over these cases.
These cases are being prosecuted 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 illegal drugs, including methamphetamine. The U.S. Attorney’s Office, joined by federal, state and local law enforcement agencies, is committed to aggressively pursuing and shutting down pill trafficking, eliminating open air drug markets, and curtailing the spread of illegal drugs in communities across the Southern District.
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Another North Carolina Commercial Fishermen Pleads Guilty to Illegally Harvesting and Selling Atlantic Striped BassRead the Press Release
WILMINGTON – The United States Attorney’s Office announced that today in federal court, JOHN ROBERTS, 45, of Engelhard, pled guilty to federal charges regarding the illegal harvest and sale of Atlantic striped bass from federal waters off the coast of North Carolina during 2010.
According to the Indictments and information in the public records, in February 2010, a Special Agent with the National Oceanic and Atmospheric Administration (NOAA) received information that commercial trawlers were illegally fishing for Atlantic Striped Bass in federal waters off the coast of North Carolina. Since 1990, there has been a ban on the harvesting of Atlantic Striped Bass in the United States’ Exclusive Economic Zone (“EEZ”) which spans between 3 miles and 200 miles seaward of the U.S. Atlantic coastline.
Upon receiving the information, NOAA engaged the assistance of the U.S. Coast Guard. A single patrol vessel in the area intercepted one of 17 commercial trawlers in the EEZ, (the fishing vessel Lady Samaira) and boarded the vessel. At the time of the boarding, the Lady Samaira was captained by Defendant Ellis Leon Gibbs, Jr.
Given the other commercial trawlers in the same area, NOAA conducted an analysis of electronic data and written reports from those vessels. Based on its review, NOAA determined that between January 20, 2010, and February 2, 2010, ROBERTS, then Captain of the Wonder Woman, a commercial trawler, harvested approximately 6,884 pounds of Atlantic Striped Bass from the EEZ, which he sold to a fish dealer in Engelhard, North Carolina. Additionally, on one of his fishing trips, ROBERTS exceeded the North Carolina catch limit for Atlantic Striped Bass, making multiple landings and filing multiple trip reports to make it appear that the fish had been caught during separate outings. The estimated fair market retail value of the 6,884 pounds of illegally harvested fish exceeds $55,000. Roberts also made false statements on his federal trip reports to conceal the true location of the harvest.
During the winter 2010 Atlantic striped bass ocean trawl season, it is estimated that over 90,000 pounds of North Carolina’s 160,000 ocean trawl quota were taken illegally from the EEZ.
Five other commercial fisherman previously entered guilty pleas for conduct uncovered by the same investigation. United States v. Dewey W. Willis, Jr., No. 2:15-CR-3-F, United States v. James Ralph Craddock, No. 2:15-CR-7-F, United States v. Joseph Howard Williams, No. 4:15-CR-2-F; United States v. Ellis Leon Gibbs, Jr., No. 4:14-CR-9-F, United States v. Dwayne J. Hopkins, 2:15-CR-8-F.
“These prosecutions make clear that efforts to circumvent laws regulating commercial fishing -- which are implemented to sustain the species for the benefit of future generations -- will be prosecuted vigorously,” said U.S. Attorney John Stuart Bruce for the Eastern District of North Carolina. “Our office was pleased to partner with DOJ’s Environment and Natural Resources Division, NOAA, and other law enforcement agencies on these important cases.”
A sentencing hearing has been scheduled for the Court’s May 8th term of court, 2017. ROBERTS faces a maximum sentence of five years in prison and a $250,000 fine.
The investigation was conducted by the Law Enforcement Offices of NOAA, with assistance of the Investigative Service from the U.S. Coast Guard, the North Carolina Marine Patrol, and the Virginia Marine Police. This case is being prosecuted by Senior Litigation Counsel Banumathi Rangarajan and Trial Attorney Lauren Steele of the Justice Department’s Environment and Natural Resources Division’s Environmental Crimes Section.
Alleged Cyber Spammer Indicted on Federal Fraud ChargesRead the Press Release
CHICAGO — An alleged cyber spammer has been indicted on federal fraud charges for sending well over a million spam emails and damaging several computer networks.
MICHAEL PERSAUD, 36, of Scottsdale, Ariz., used multiple Internet Protocol addresses and domains – a technique known as “snowshoe spamming” – to transmit spam emails over at least nine networks, according to an indictment returned in federal court in Chicago. Persaud sent well over a million spam emails to recipients in the United States and abroad, the indictment states. He often used false names to register the domains, and he created fraudulent “From Address” fields to conceal that he was the true sender of the emails, according to the indictment. The charges also accuse Persaud of illegally transferring and selling millions of email addresses for the purpose of transmitting spam.
The indictment charges Persaud with ten counts of wire fraud and seeks the forfeiture of four computers.
The indictment was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; Gregory J. Haanstad, United States Attorney for the Eastern District of Wisconsin; Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation; and R. Justin Tolomeo, Special Agent-in-Charge of the Milwaukee Office of the FBI.
According to the indictment, Persaud gained access and use of the victim networks by falsely representing that he would not use their systems to send spam, and that he would comply with their policies prohibiting spamming, the indictment states. In reality, Persaud used a California company called Impact Media LLC and other aliases to send spam on behalf of sellers of various goods and services, the indictment states. Persaud earned commissions for each sale generated by the spam, the indictment states.
When some of the networks terminated his lease and denied him access to their networks, Persaud used aliases to contract with other networks, according to the indictment. In some instances, Persaud provided false forms of identification and payment, including a driver’s license and debit card, to support the alias, the indictment states. Persaud’s alleged aliases included the names “Michael Prescott,” “Michael Pearson,” and “Jeff Martinez.”
The indictment was returned Dec. 9, 2016, and ordered unsealed after Persaud’s arrest last month in Arizona. His arraignment earlier today before U.S. Magistrate Judge Susan E. Cox marked his first Chicago court appearance. Persaud pleaded not guilty and was ordered released on his own recognizance. While on bond, Persaud is restricted from traveling outside the District of Arizona, with the exception of making court appearances in Chicago.
A status hearing was scheduled for Feb. 21, 2017, at 10:15 a.m., before U.S. District Judge Andrea R. Wood.
The public is reminded that an indictment is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.
Each count of wire fraud is punishable by up to 20 years in prison. If convicted, the Court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
The government is represented by Assistant U.S. Attorney Jessica Romero of the Northern District of Illinois, and Assistant U.S. Attorney Michael Chmelar of the Eastern District of Wisconsin.
Albuquerque Felon Facing Federal Drug Trafficking and Firearms ChargesRead the Press Release
ALBUQUERQUE – During a hearing yesterday, a U.S. Magistrate Judge sitting in Albuquerque, N.M., found probable cause to support a criminal complaint charging Michael Gerard Smith, 55, of Albuquerque, with violating the federal narcotics and firearms laws. Today, the Magistrate Judge entered an order holding Smith in federal custody pending trial based on judicial findings that he poses a risk of flight and danger to the community. The federal charges against Smith were announced by U.S. Attorney Damon P. Martinez, Special Agent in Charge Will R. Glaspy of DEA’s El Paso Division, and Chief Gorden G. Eden, Jr., of the Albuquerque Police Department (APD).
Smith, whose criminal history includes 11 prior felony convictions for drug trafficking, robbery, false imprisonment and forgery offenses, is being prosecuted under the federal anti-violence initiative that targets “the worst of the worst” offenders for federal prosecution. Under this initiative, the U.S. Attorney’s Office and federal law enforcement agencies work with New Mexico’s District Attorneys and state, local and tribal law enforcement agencies to target violent or repeat offenders primarily based on their prior criminal convictions for federal prosecution with the goal of removing repeat offenders from communities in New Mexico for as long as possible. Because New Mexico’s violent crime rate, on a per capita basis, is one of the highest in the nation, New Mexico’s law enforcement community is collaborating to target repeat offenders from counties with the highest violent crime rates.
Smith was arrested on Feb. 3, 2017, and charged by criminal complaint with methamphetamine and heroin trafficking offenses, and being a felon in possession of a firearm. According to the criminal complaint, APD officers allegedly seized approximately 94.5 grams of methamphetamine, 34.9 grams of heroin, a handgun, and cash in denominations consistent with street level drug trafficking while executing a search warrant at Smith’s residence.
If convicted, Smith faces a statutory mandatory minimum penalty of ten years and a maximum of life in prison on the drug trafficking charges, and a maximum of ten years in in prison for being a felon in possession of a firearm. If deemed an armed career criminal, Smith faces an enhanced penalty of not less than 15 years in prison for unlawfully possessing a firearm, and the potential of a life sentence on the drug trafficking charges if the United States files a prior felony information.
Charges in criminal complaints are merely accusations and defendants are presumed innocent unless found guilty in a court of law.
The case against Smith was investigated by the Albuquerque office of the DEA and the APD, and is being prosecuted by Assistant U.S. Attorney Norman Cairns as part of the New Mexico Heroin and Opioid Prevention and Education (HOPE) Initiative. The HOPE Initiative was launched in January 2015 by the UNM Health Sciences Center and the U.S. Attorney’s Office in response to the national opioid epidemic, which has had a disproportionately devastating impact on New Mexico. Opioid addiction has taken a toll on public safety, public health and the economic viability of our communities. Working in partnership with the DEA, the Bernalillo County Opioid Accountability Initiative, Healing Addiction in our Community (HAC), the Albuquerque Public Schools and other community stakeholders, HOPE’s principal goals are to protect our communities from the dangers associated with heroin and opioid painkillers and reducing the number of opioid-related deaths in New Mexico.
The HOPE Initiative is comprised of five components: (1) prevention and education; (2) treatment; (3) law enforcement; (4) reentry; and (5) strategic planning. HOPE’s law enforcement component is led by the Organized Crime Section of the U.S. Attorney’s Office and the DEA in conjunction with their federal, state, local and tribal law enforcement partners. Targeting members of major heroin and opioid trafficking organizations for investigation and prosecution is a priority of the HOPE Initiative. Learn more about the New Mexico HOPE Initiative at http://www.HopeInitiativeNM.org.
30 Year Sentence for Production and Distribution of Child PornographyRead the Press Release
TUCSON, Ariz. – On February 6, 2017, Nathaniel Tejeda, 29, of Reno, Nev. (and formerly Ruidoso, N.M.) was sentenced by U.S. District Judge Jennifer G. Zipps to 360 months in prison. A federal grand jury issued an indictment charging Tejeda with distribution of graphic and sadistic child pornography involving infants and toddlers. Thereafter, investigation revealed that Tejeda also had produced and shared child pornography depicting a 14-year-old child he met online. Tejada then pleaded guilty to the distribution and production charges. Tejada’s imprisonment will be followed by a lifetime term of supervised release, with stringent sex offender conditions and the requirement that he register as a sex offender.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The investigation in this case was conducted by Homeland Security Investigations, Immigrations and Customs Enforcement, in Nogales, Ariz. and Reno, Nev. The prosecution was handled by Carin Duryee, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR 16-0851-JGZ (JR)
RELEASE NUMBER: 2017-008_Tejeda
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For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.
14 Defendants Charged in Manhattan Federal Court with Narcotics Distribution and Firearms Possession in the Bronx and Yonkers, and Four Defendants with Armed Commercial Robberies in the Bronx and ManhattanRead the Press Release
Preet Bharara, the United States Attorney for the Southern District of New York, James P. O’Neill, the Commissioner of the New York City Police Department (“NYPD”), Ashan M. Benedict, the Special Agent-in-Charge of the New York Field Office of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), and James J. Hunt, the Special Agent-in-Charge of the New York Field Office of the U.S. Drug Enforcement Administration (“DEA”), announced the unsealing of an Indictment charging 14 defendants with participation in narcotics and firearms offenses in the Bronx and Yonkers. The Indictment also charges four of these defendants with participating in robberies of commercial establishments in the Bronx and Manhattan, and three of these defendants for participating in firearms trafficking.
Manhattan U.S. Attorney Preet Bharara said: “As alleged, the defendants arrested today plagued the Bronx and Yonkers with drug dealing, guns, and commercial robberies. Thanks to the outstanding and cooperative efforts of the ATF, NYPD, and DEA, the defendants’ rash of alleged crimes has been brought to an end.”
NYPD Commissioner James P. O’Neill said: “The 14 defendants in this case face drug and gun charges after a multi-year investigation into the heroin, crack cocaine and marijuana trade in the Bronx and Yonkers. Four of the defendants are charged in connection with armed robberies in the Bronx and Manhattan and three are accused of firearms trafficking. Our neighborhoods are safer with these people – and the drugs and guns – off of our streets. I want to thank the US Attorney for the Southern District, Preet Bharara, Ashan Benedict, Special Agent-in-Charge of the New York Field Office of the ATF, James Hunt, Special Agent-in-Charge of the New York Field Office of the DEA, and the members of the NYPD for their contributions to this investigation.”
ATF SAC Ashan M. Benedict said: “Today’s indictment demonstrates the dangerous intersection between firearms trafficking, narcotics trafficking, the illicit possession and use of firearms, and violent crime. These defendants allegedly engaged in an alphabet soup of criminal activity, spreading poison, fear, and violence in their wake. Thanks to the outstanding work of the Special Agents, Detectives, and prosecutors involved in this investigation, they will now face well-deserved justice for their alleged actions. I would like to extend my gratitude to the members of ATF, DEA, NYPD, and the U.S. Attorney’s Office for their hard work and collaboration in putting a stop to these individuals.”
DEA SAC James J. Hunt said: “As alleged, a violent drug crew has been taken off the streets today. For years, they allegedly acted like outlaws; selling drugs, brandishing guns and robbing businesses like they were in a time warped Wild West movie. But reality hit them today when they were arrested and brought to court.”
The Indictment[1] charges 10 defendants with participating in a narcotics conspiracy based in the vicinity of Decatur Avenue and East 194th and 195th Streets in the Bronx, New York. Specifically, the following defendants – RENE RUIZ, a/k/a “Lil’ Rene,” a/k/a “Nae Nae,” WILFREDO GONZALEZ, a/k/a “Alfredo Gonzalez,” a/k/a “Freddy,” DOMINGO RAMOS, a/k/a “Mingo,” JASON POLANCO, a/k/a “Jin,” AMAR AHMED, a/k/a “Omar,” a/k/a “O,” ZAIE ESCRIBANO, a/k/a “Zaieto,” a/k/a “Z,” JAIME GONZALEZ, a/k/a “Jimbo,” JORDAN MCDONALD, a/k/a “Umi,” EDWARD NELSON, a/k/a “Boo,” a/k/a “Bugatti,” and CHRISTOPHER CORREA, a/k/a “Chris” – are charged with conspiring to distribute, and to possess with intent to distribute, heroin, crack cocaine, and marijuana from about 2011 up to about early 2017. Eight of these defendants are also charged with using, carrying, and possessing firearms during the narcotics conspiracy.
The Indictment also charges seven defendants with participating in a narcotics conspiracy that operated in the Bronx and in Yonkers. Specifically, the following defendants – DOMINGO RAMOS, a/k/a “Mingo,” CARLOS OSORIO-PEREZ, a/k/a “C,” DENNIS POMALES, a/k/a “D,” JORDAN MCDONALD, a/k/a “Umi,” CHRISTOPHER CORREA, a/k/a “Chris,” MARK FERNANDEZ, a/k/a “Mark,” and WILLIAM RUSSELL, a/k/a “Billy” – are charged with conspiring to distribute, and to possess with the intent to distribute, heroin, cocaine, and crack cocaine from about 2011 up to about early 2017. Four of these defendants are also charged with using, carrying, and possessing firearms during the narcotics conspiracy.
The Indictment also charges four defendants – JASON POLANCO, a/k/a “Jin,” WILFREDO GONZALEZ, a/k/a “Alfredo Gonzalez,” a/k/a “Freddy,” AMAR AHMED, a/k/a “Omar,” a/k/a “O,” and ZAIE ESCRIBANO, a/k/a “Zaieto,” a/k/a “Z” – with conspiring to rob the proceeds of commercial establishments in the Bronx and Manhattan, from about 2014 up to about January 1, 2015. Three of these defendants are also charged with committing the robbery of a pizzeria in the vicinity of Jerome Avenue and East 179th Street in the Bronx, on or about October 31, 2014. All four defendants are also charged with committing the robbery of a gas station in the vicinity of Pelham Parkway South and Boston Road in the Bronx, on or about November 24, 2014. In addition, all four defendants are charged with the use, carrying, and possession of firearms during and in relation to the robbery conspiracy and the November 2014 gas station robbery, during which a firearm was brandished and discharged.
Finally, the Indictment charges three defendants – WILFREDO GONZALEZ, a/k/a “Alfredo Gonzalez,” a/k/a “Freddy,” AMAR AHMED, a/k/a “Omar,” a/k/a “O,” and ZAIE ESCRIBANO, a/k/a “Zaieto,” a/k/a “Z” – with the unlawful trafficking of firearms from in or about 2014 through in or about 2015.
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Of the 14 defendants named in the Indictment, six were taken into custody in a sweep jointly conducted by the NYPD, ATF, and DEA, beginning last night in the Bronx and Yonkers (RAMOS, AHMED, OSORIO-PEREZ, POMALES, CORREA, and FERNANDEZ). The defendants who were taken into custody will be presented and arraigned in Manhattan federal court this afternoon before Magistrate Judge James L. Cott. Five defendants are presently detained in either state or federal custody on unrelated charges, and are being brought into federal custody on writs (RUIZ, POLANCO, ESCRIBANO, JAIME GONZALEZ, and MCDONALD). Three defendants remain at large (WILFREDO GONZALEZ, NELSON, and RUSSELL). The case is assigned to U.S. District Judge Laura Taylor Swain.
Mr. Bharara thanked the Westchester County Police Department and the Putnam County Sheriff’s Office for their assistance in the investigation.
The prosecution is being handled by the Office’s Violent and Organized Crime Unit and its White Plains Division. Assistant U.S. Attorneys Justina L. Geraci, Jordan L. Estes, Christopher J. Clore, and Amanda L. Houle are in charge of the prosecution.
The charges contained in the superseding Indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.