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Thursday 2 February 2017
Tahlequah Man Sentenced to 24 Months for Possession of Destructive DeviceRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that JACOB AUSTIN DUNCAN, age 26, of Tahlequah, Oklahoma, was sentenced to 24 months imprisonment, and 3 years of supervised release for POSSESSION OF UNREGISTERED FIREARM (DESTRUCTIVE DEVICE), in violation of Title 26, United States Code, Sections 5861(d), 5841 and 5871.
The Indictment alleged that on or about June 12, 2016, within the Eastern District of Oklahoma, the defendant, did knowingly possess a destructive device, which is a firearm, as defined in Title 26, United States Code, Section 5845, not registered to him in the National Firearms Registration and Transfer Record.
The charge arose from an investigation by the Cherokee County Sheriff’s Office, the Oklahoma High Patrol, the Oklahoma State Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The Honorable Ronald A. White, District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.
Assistant United States Attorney Dean Burris represented the United States.
Suburban Chicago Physician Pleads Guilty to Federal Bribery ChargeRead the Press Release
ROCKFORD — A Suburban Chicago physician pleaded guilty today before U.S. District Judge Frederick J. Kapala to bribery concerning health care programs receiving federal funds.
NEIL SHARMA, 36, of Lemont, has been a licensed Illinois physician since March 2011. Between September 2013 and March 2015, he was the Medical Director of a managed care services company that contracted with both Medicare and Medicaid to provide health care benefits.
As stated in a plea agreement, the State of Illinois contracted with the company to provide skilled nursing services to patients who were covered by Medicare, Medicaid, or both. In early 2015, the company contracted with three other firms to provide skilled nursing services. Sharma admitted that from Feb. 13, 2015, to March 13, 2015, as Medical Director and an agent of the company, he corruptly solicited and accepted cash payments of $2,500 and $7,500 from an individual in exchange for Sharma sending more patients to the individual’s company, and for providing that company with additional Medicaid and Medicare beneficiaries through Sharma’s company’s anti-depressant monitoring program and hospital re-admission program.
As stated in the plea agreement, the additional business Sharma promised in exchange for the bribe would bring in millions of dollars.
Sharma faces a maximum sentence of ten years’ imprisonment, a term of supervised release of up to three years following imprisonment, and a fine of up to $250,000. Sentencing is set for May 11, 2017, at 9:30 a.m., before Judge Kapala in Rockford.
The guilty plea was announced by Zachary T. Fardon, United States Attorney for the Northern District of Illinois; and Michael J. Anderson, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation.
The government is represented by Assistant U.S. Attorneys Scott R. Paccagnini and Joseph C. Pedersen.
St. Thomas Woman Sentenced to Prison for Conspiracy to Commit Hobbs Act RobberyRead the Press Release
St. Thomas, USVI – On February 2, 2017, District Court Judge Curtis V. Gomez sentenced Samantha Joseph, 25, of St. Thomas, to three years and five months’ imprisonment and three years of supervised release for conspiracy to commit Hobbs Act robbery, United States Attorney Ronald W. Sharpe announced. Judge Gomez also ordered Joseph to perform 400 hours of community service and pay a $100 special assessment.
On September 29, 2016, Joseph pleaded guilty to conspiracy to commit Hobbs Act robbery. According to the plea agreement, Joseph, an employee of Signature Jewelers at the time, conspired with other individuals to rob the store. Joseph agreed to hold the door open so that her co-conspirators could gain entry. On August 19, 2015, Joseph’s co-conspirators entered the store and brandished a weapon to threaten and intimidate store employees. The robbers used duct tape to bind and gag the victims and then fled the store with cash and merchandise.
This case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Anna A. Vlasova.
Six Indicted for Burglarizing Gun Stores in Three States and Trafficking FirearmsRead the Press Release
ATLANTA - Devonnaire Coffey, Darryle Butler, Bilal Maxey, Natasha Turner, Asia Keith, and Prather Abrams, have been arraigned on federal charges of conspiracy to steal 129 firearms from gun stores in Georgia, North and South Carolina. Coffey, Butler, Turner, and Keith were additionally charged with theft of firearms and possession of stolen firearms. Butler further faces charges of felon in possession of a firearm.
“We’ve seen a recent uptick in gun store burglaries in the district,” said U.S. Attorney John Horn. “The theft of firearms, and subsequent illegal trafficking of them, unfortunately leads to more gun violence in our community.”
“The indictment of these individuals is the result of ATF successfully working in collaboration with our state and local partners to aggressively investigate the theft of firearms from federal firearms licensees. Unfortunately, all too often, these stolen firearms go directly into the hands of violent criminals and are eventually recovered at crime scenes in our own communities and in other regions of the country. ATF remains committed to continuing to combat violent crime and the trafficking of stolen firearms,” said Special Agent in Charge CJ Hyman, ATF Charlotte Field Division.
According to U.S. Attorney Horn, the charges, and other information presented in court: Devonnaire Coffey, Darryle Butler, and Bilal Maxey allegedly burglarized gun stores in Georgia and North Carolina, where 129 firearms were stolen. Asia Keith and Natasha Turner allegedly served as lookouts during the burglaries. According to the indictment, Coffey, Butler, Maxey, Keith, and Turner attempted to burglarize three additional gun stores in Georgia and South Carolina. Prather Abrams allegedly participated in one of the burglaries in Georgia. Coffey and Butler sold the stolen firearms shortly after stealing them.
The multiple burglaries and attempted burglaries occurred at stores in McDonough, and Canton, Georgia, Charlotte and Rocky Mount, North Carolina, and Rock Hill, South Carolina.
Devonnaire Coffey, 26, Darryle Butler, 27, Bilal Maxey, 24, all of Augusta, Georgia, and Prather Abrams, 35, of Decatur, Georgia, were arraigned before U.S. Magistrate Judge Catherine M. Salinas. Natasha Turner, 25, of Augusta, Georgia, was arraigned before U.S. Magistrate Judge Russell G. Vineyard. Asia Keith, 20, of Augusta, Georgia, was arraigned before U.S. Magistrate Judge Justin S. Anand. Coffey, Butler, Maxey, Turner, Keith and Abrams were indicted by a federal grand jury on December 6, 2016.
Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Henry County, Georgia Police Department, Rocky Mount, North Carolina Police Department, Charlotte-Mecklenburg, North Carolina Police Department, Holly Springs, Georgia Police Department, and Rock Hill, South Carolina Police Department. ATF Regional Anti-Gang Enforcement (RAGE) Unit. RAGE is a joint gang/violent crime task force with members from ATF, North Augusta Department of Public Safety, Aiken County Sheriff’s Office, Aiken Department of Public Safety, Richmond County Sheriff’s Office and the South Carolina Law Enforcement Division.
Assistant U.S. Attorneys Jennifer Keen and Stephanie E. Gabay-Smith are prosecuting 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.
Shenandoah Man Guilty of Heroin Trafficking ConspiracyRead the Press Release
SCRANTON—The United States Attorney’s Office for the Middle District of Pennsylvania announced that Shane Lopez, age 22, of Shenandoah, Pennsylvania, pleaded guilty today before Senior U.S. District Court Judge James M. Munley for his connection to a heroin trafficking ring that operated in Schuylkill County during 2012 through May 2016.
According to United States Attorney Bruce D. Brandler, Lopez pleaded guilty to conspiracy to distribute more than 100 grams of heroin (which equals approximately 4,000 retail bags of heroin). Lopez admitted to being a sub-distributor of heroin for Rhashean Strange, a/k/a “Chicago,” who headed-up the conspiracy. Strange previously pleaded guilty and is awaiting sentencing. Eleven people have been charged in the case. Seven have entered guilty pleas.
Judge Munley ordered a presentence investigation to be completed, and scheduled sentencing for May 5, 2017. Lopez faces a mandatory minimum sentence of five years in prison and a potential maximum sentence of 40 years in prison.
The case was investigated by the Federal Bureau of Investigation, the Pennsylvania State Police, and Shenandoah Police. Assistant U.S. Attorney Francis P. Sempa is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 40 years in prison, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Rupert Man Sentenced to 60 Months in Federal Prison for Distribution of MethamphetamineRead the Press Release
POCATELLO – Jose Luis Hernandez, 26, of Rupert, Idaho, was sentenced today to 60 months in prison for distribution of methamphetamine, U.S. Attorney Wendy J. Olson announced. Chief U.S. District Judge B. Lynn Winmill also ordered Hernandez to serve three years of supervised release.
According to court documents, on various dates, including March 14, 2016, Hernandez sold methamphetamine to an informant in Burley, Idaho. In total, Hernandez distributed 81 grams of actual methamphetamine. Hernandez knew he was distributing methamphetamine.
Co-conspirators James Jones, William Walker, and Miguel Otaegui are scheduled to be sentenced on March 1, 21, and 22, respectively by Chief U.S. District Judge B. Lynn Winmill at the federal courthouse in Pocatello.
This conviction is result of a joint investigation and cooperative law enforcement efforts of the Organized Crime and Drug Enforcement Task Force (OCDETF), led by the Drug Enforcement Administration, Mini-Cassia Drug Task Force, Cassia County Sheriff’s Office, and the Minidoka County Sheriff’s Office.
The OCDETF program is a federal multi agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.
Roswell Woman Sentenced to Prison for Federal Methamphetamine Trafficking ConvictionRead the Press Release
ALBUQUERQUE – Susana Ceballos, 36, of Roswell, N.M., was sentenced today in federal court in Las Cruces, N.M., to 60 months in prison followed by three years of supervised release for her conviction on methamphetamine trafficking charges.
Ceballos is one of 41 individuals charged in Sept. 2015, with drug trafficking offenses as a result of an eight-month multi-agency investigation by the FBI, the DEA, Chaves County Metro Narcotics Task Force, Roswell Police Department, Chaves County Sheriff’s Office and New Mexico State Police. Twenty-one of the defendants were charged with federal offenses and the remaining 20 with state crimes.
The investigation, which was designated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF) program, initially targeted a drug trafficking organization (DTO) allegedly led by Joseph Ray Mendiola, 35, of Roswell, that allegedly distributed methamphetamine in Chaves County. It later expanded to include drug traffickers who allegedly supplied methamphetamine to the Mendiola DTO and other drug traffickers operating in Chaves County. The OCDETF program combines the resources and unique expertise of federal agencies, along with their local counterparts, in a coordinated effort to disrupt and dismantle major drug trafficking organizations.
Ceballos and 15 other federal defendants were charged in a 24-count indictment filed on Sept. 22, 2015. Count 1 of the Indictment charged 15 of the 16 defendants with conspiracy to distribute methamphetamine between June 2015 and July 2015. Count 2 charged three defendants with conspiracy to distribute cocaine in July 2015. Counts 3, 4, 5, 6 and 7 charged certain defendants with possession of methamphetamine with intent to distribute in July 2015. Counts 8 through 24 charged certain defendants with using communications devices (telephones) to facilitate drug trafficking crimes. All crimes charged in the federal indictment occurred in Chaves County.
During the course of the investigation, law enforcement officers executed 14 federal search warrants for 10 residences in Roswell, one residence in Dexter, N.M., and three vehicles. During the execution of those search warrants, the officers seized approximately 5600 grams of methamphetamine, $35,960.00 in cash, and multiple firearms including two assault rifles.
On Feb. 24, 2016, Ceballos pled guilty to participating in a methamphetamine trafficking conspiracy and to using a communication device to facilitate a drug trafficking crime. In entering the guilty plea, Ceballos admitted conspiring with her co-defendants to distribute methamphetamine in Chaves County from June 2015 through July 31, 2015. Ceballos further admitted that on July 17, 2015, July 19, 2015, and twice on July 24, 2015, she used a telephone to further the drug trafficking conspiracy. Ceballos further admitted that she was responsible for trafficking approximately 907.18 grams of methamphetamine.
To date, 12 of Ceballos’ co-defendants have entered guilty pleas and are awaiting sentencing. Three co-defendants have yet to be arrested and are considered fugitives. Charges in indictments and criminal complaints are merely accusations and defendants are presumed innocent unless found guilty beyond a reasonable doubt.
The federal cases were investigated by the Roswell office of FBI’s Albuquerque Division, the Las Cruces office of DEA, Roswell Police Department, Chaves County Sheriff’s Office, the Chaves County Metro Narcotics Task Force, the New Mexico State Police and the U.S. Marshals Service. Assistant U.S. Attorneys Randy M. Castellano and John Balla are prosecuting the federal cases.
The HIDTA Chaves County Metro Narcotics Task Force is comprised of investigators from the Roswell Police Department, Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the Chaves County Sherriff’s Office. The High Intensity Drug Trafficking Areas (HIDTA) program was created by Congress with the Anti-Drug Abuse Act of 1988. HIDTA is a program of the White House Office of National Drug Control Policy (ONDCP) which provides assistance to federal, state, local and tribal law enforcement agencies operating in areas determined to be critical drug-trafficking regions of the United States and seeks to reduce drug trafficking and production by facilitating coordinated law enforcement activities and information sharing.
RI Doctor Indicted on Charges of Health Care Fraud, Receiving KickbacksRead the Press Release
PROVIDENCE, R.I. – A 19-count federal indictment filed in U.S. District Court in Providence charges Jerrold N. Rosenberg, 62, of North Providence and Jamestown, R.I. with health care fraud, conspiracy to solicit or accept kickbacks, and receipt of kickbacks related to Rosenberg’s prescription of a fast-acting, powerful, and highly-addictive version of the opioid drug Fentanyl that is administered as an under-the-tongue spray.
Rosenberg was taken into custody today by agents from the Department of Health and Human Services Office of Inspector General, and the Medicaid Fraud Control and Patient Abuse Unit of the Rhode Island Department of Attorney General, on a federal warrant issued by the Court. Rosenberg was arraigned before U.S. District Court Magistrate Judge Lincoln D. Almond and released on unsecured bond.
The indictment alleges that, owing to its potency and potential for addiction, the Fentanyl spray is approved by the federal Food and Drug Administration solely for “the management of breakthrough cancer pain in . . . patients who are already receiving and who are already tolerant to opioid therapy for their underlying persistent cancer pain.” The spray is extremely expensive, with the cost of a thirty-day supply ranging from almost $2,000 to over $16,000. As a result, insurance companies, including insurers covering Medicare patients, impose strict requirements and limitations that must be met before the Fentanyl spray will be covered. Typically, these limitations require that a doctor submit paperwork showing that the patient has active cancer, that the spray is intended to treat breakthrough pain from this cancer, and that other powerful opioid drugs have been tried, without success.
It is alleged that Rosenberg repeatedly submitted false and fraudulent documentation to insurers to get them to approve and pay for the Fentanyl spray, including authorization forms and so-called letters of medical necessity that falsely claimed patients had cancer and related pain. He did this for patients who never had cancer at all, as well as cases where the patient’s history of cancer was long past and/or unrelated to any pain for which they sought treatment with Rosenberg.
In addition to the health care fraud scheme, it is alleged that Rosenberg conspired to seek and receive kickbacks from the manufacturer of the Fentanyl spray. These took the form of “sham” speaker programs, where, instead of a legitimate lecture about the Fentanyl spray, Rosenberg received company-paid dinners at expensive restaurants and speaking fees, on occasion dining only with family members or representatives from the drug company. In several instances, attendance forms for these events were forged to show that medical professionals had been present for a supposedly legitimate promotional discussion, when in fact they had not. The indictment alleges that these speaker programs were, in fact, a cover for payments by the drug company to Rosenberg, to induce him to write more, and higher, prescriptions for the spray.
Finally, it is alleged that Rosenberg’s son worked as a sales representative for the drug company that manufactured the Fentanyl spray, where he was responsible for marketing the drug to a number of physicians, including his father. The sales commissions of Rosenberg’s son were tied to the number of prescriptions written by doctors, and it is alleged that Rosenberg wrote more prescriptions for the Fentanyl spray to provide a financial benefit to his son.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The investigation was conducted by the United States Attorney’s Office, U.S. Department of Health and Human Services Office of Inspector General, and the Medicaid Fraud Control and Patient Abuse Unit of the Rhode Island Department of Attorney General.
The case is being prosecuted by Assistant U.S. Attorneys Lee H. Vilker and Zachary A. Cunha.
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Contact:
Jim Martin (401) 709-5357
email: [email protected]
on Twitter @USAO_RI
Puerto Rico Man Sentenced to 46 Months for Attempted Possession of CocaineRead the Press Release
St. Croix, USVI – District Court Senior Judge Raymond L. Finch, on January 31, 2017, sentenced Jose Luis Pacheco-Montes, 34, of Puerto Rico, to 46 months in prison for attempted possession of cocaine with intent to distribute, United States Attorney Ronald W. Sharpe announced. Judge Finch also sentenced Pacheco-Montes to three years of supervised release and ordered him to pay a special assessment of $100.
Pacheco-Montes had pleaded guilty to the attempted possession of cocaine on August 17, 2016. Between November 9, 2015, and November 12, 2015, Pacheco-Montes and others made three boat trips from St. Croix in attempt to effect a mid-sea retrieval of cocaine. They intended to bring the drugs to St. Croix and transship them to Puerto Rico. On November 13, 2015, other co-conspirators successfully effected the mid-sea retrieval of the drugs and were apprehended at Knight’s Bay in St. Croix. Law enforcement agents seized 87 kilograms of cocaine at the scene of apprehension.
The case was investigated by the U.S. Drug Enforcement Administration and was prosecuted by Assistant U.S. Attorney Alphonso Andrews, Jr.
Puerto Rico Man Sentenced to 10 Months for Bulk Cash SmugglingRead the Press Release
St. Croix, USVI – District Court Senior Judge Raymond L. Finch, on January 31, 2017, sentenced Ramon Lacen-Santiago, 41, of Puerto Rico, to 10 months in prison for bulk cash smuggling, United States Attorney Ronald W. Sharpe announced. Judge Finch ordered Lacen-Santiago to serve half of his sentence in prison and half in home confinement. He also sentenced Lacen-Santiago to three years of supervised release and ordered him to pay a $2,000 fine and a special assessment of $100.
On March 25, 2012, agents of the High Intensity Drug Trafficking Area Task Force received information that a co-defendant of Lacen-Santiago would be travelling with large sums of money through St. Croix Airport. During a security check of Lacen-Santiago and his co-defendant, a canine alerted on two bags belonging to them. The bag belonging to Lacen-Santiago contained $6,249. A search of his person revealed another $39,000 in his pockets. Lacen-Santiago told the agents he was travelling to St. Martin with the co-defendant. A search of his co-defendant uncovered $38,270 concealed on his person.
The case was investigated by the U.S. Drug Enforcement Administration and was prosecuted by Assistant U.S. Attorney Alphonso Andrews, Jr.
Project Safe Neighborhoods grant announcementRead the Press Release
Deadline for grant proposals is February 27, 2017
SHREVEPORT / MONROE / ALEXANRIA / LAKE CHARLES / LAFAYETTE, LA: United States Attorney for the Western District of Louisiana Stephanie A. Finley and the Project Safe Neighborhoods Task Force announced today that the Department of Justice, the Office of Justice Programs and the Bureau of Justice Assistance is seeking applications for funding of a grant under the Violent Gang and Gun Crime Reduction Program, also known as Project Safe Neighborhoods (PSN).
PSN furthers the Department of Justice=s mission to reduce violent crime by providing support to state, local and tribal efforts to create safer neighborhoods through a sustained reduction in gang violence and violent crimes committed with firearms. Contingent on the availability of funds, grant awards totaling $350,000 are possible in the Western District of Louisiana to fund new and current comprehensive gun crime reduction and gang violence reduction strategies. The application for this fiscal year 2017 (FY2017) PSN grant must be submitted to and received by the U.S. Attorney’s Office in Lafayette by noon on February 27, 2017.
Various types of single or multi‑grantee grant applications are welcome including those that address the following:
- Gang violence and gun violence reduction, deterrence, prevention, community outreach and education;
- Enforcement, adjudication and supervision programs;
- Prisoner reentry programs; or
- Other innovative related projects.
The FY2017 PSN Competitive Grant Announcement, OMB No. 1121-0329, can be found at https://www.bja.gov/Funding/PSN17.pdf. For the announcement or more information on the PSN program visit the U.S. Attorney’s Office website at http://www.justice.gov/usao-wdla and www.justice.gov/usao/law/psn.html or at www.psn.gov or www.bja.gov/programs/psn.
More information about the FY2017 PSN grant announcement and the PSN program can also be found by contacting Lisa Alwert at (337) 262-6618.
Prior Felon from McKinley County Sentenced to Seven Years for Unlawful Possession of FirearmRead the Press Release
ALBUQUERQUE – Steve Coleman, 56, of Thoreau, N.M., was sentenced today in federal court in Albuquerque, N.M., to 84 months in prison followed by three years of supervised release for violating the federal firearms laws.
Coleman was arrested on Feb. 4, 2016, on a criminal complaint charging him with being a felon in possession of a firearm on Jan. 21, 2016, in McKinley County, N.M.
Coleman was subsequently indicted on Feb. 24, 2016, and charged with being a felon in possession of a firearm and possession of a firearm not registered to him in the National Firearms Registration and Transfer Record (NFRTR). Coleman was prohibited from possessing firearms or ammunition because of his previous felony convictions which include, unlawful sale of migratory birds, dangerous use of explosives and bribery/retaliation of a witness.
On Nov. 3, 2016, Coleman pled guilty to being a felon in possession of firearms and admitted that on Jan. 21, 2016, he was in possession of two pistols, which he was not allowed to possess because of his prior felony convictions. Coleman further admitted that he discharged one firearm at his neighbor’s dogs.
This case was investigated by the Albuquerque office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the New Mexico State Police and the McKinley County Sheriff’s Department. Assistant U.S. Attorney Edward Han prosecuted the case.
Postal Employee Charged with Theft of Mail MatterRead the Press Release
Kirk Baird, 42, from Sergeant Bluff, Iowa, has been charged with theft of mail matter by a postal employee. The charges are contained in an Indictment filed January 18, 2017, in United States District Court in Sioux City.
The Indictment alleges that, between about August 2016 and October 20, 2016, Baird did embezzle letters, postal cards, and mail, and articles therein, entrusted to him, or which came into his possession intended to be conveyed by mail by the United States Postal Service, and stole, abstracted and removed from such letters, postal cards and mail, cash, gift cards and other items of value contained therein, with intent to convert such items to his own use.
“The agency considers the aforementioned allegations to be a very serious matter. When these types of allegations are made, OIG Special Agents vigorously investigate these matters, as was done in this instance” said Special Agent in Charge Joanne Yarbrough, of the Office of Inspector General (OIG) for the Postal Service’s Western Area Field Office.
If convicted, Baird faces a possible maximum sentence of 5 years’ imprisonment without the possibility of parole, a fine of up to $250,000, a mandatory special assessment of $100, and a term of supervised release of up to one year following any imprisonment.
Baird’s first appearance in federal court in Sioux City for an arraignment is set for February 2, 2017.
As with any criminal case, a charge is merely an accusation and a defendant is presumed innocent until and unless proven guilty.
The case is being prosecuted by Assistant United States Attorney Jamie Bowers and was investigated by the U.S. Postal Service Office of Inspector General
Office of Investigations.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is CR17-4001. Follow us on Twitter @USAO_NDIA.
Pittsburgh Man Sentenced for Role in Cross-Country Cocaine Distribution SchemeRead the Press Release
PITTSBURGH - A Pittsburgh resident has been sentenced in federal court to four years’ probation with nine months of house arrest on his conviction of conspiracy to distribute a quantity of crack cocaine, Acting United States Attorney Soo C. Song announced today.
United States District Judge Mark R. Hornak imposed the sentence on Mark Spearman, 35, of Pittsburgh, Pa.
According to information presented to the Court, in 2013, the Federal Bureau of Investigation and other agencies joined forces in a multi-agency wiretap investigation of drug trafficking and violence in the Homewood section of Pittsburgh. The interception of wire and electronic communications began in December 2013 and continued through the end of August 2014. During that timeframe, Mark Spearman was intercepted over the wire conspiring with others to possess with intent to distribute and distribute crack cocaine, which was shipped from California in powder form to the Western District of Pennsylvania through the United States Postal Service or commercial carrier.
Prior to imposing sentence, Judge Hornak stated that the sentence was sufficient but not greater than necessary to fulfill the purposes of sentencing.
Assistant United States Attorney Tonya Sulia Goodman prosecuted this case on behalf of the government.
Acting U.S. Attorney Song commended the Federal Bureau of Investigation, the 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 Spearman.
Philadelphia Man Charged with Three Counts of Bank RobberyRead the Press Release
Raheem Pleasant of Philadelphia, PA, was charged today by Indictment with three counts of bank robbery in connection with a string of robberies that occurred in the Philadelphia area in December and January, announced Acting United States Attorney Louis D. Lappen. The Indictment alleges that on three separate occasions between December 17, 2016 and January 2, 2017, Pleasant entered and robbed branch locations of TD Bank, an FDIC-insured institution, by use of force and violence, and by intimidation.
If convicted the defendant faces a maximum sentence of 60 years in prison.
The case was investigated by the Federal Bureau of Investigation’s Violent Crimes Task Force and local law enforcement agencies, and is being prosecuted by Assistant United States Attorney Sean P. McDonnell.
An Indictment, Information, or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Pain Management Physician Resolves False Claims Act AllegationsRead the Press Release
ATLANTA – Pain management physician Dr. Robert Windsor has agreed to the entry of a $20 million consent judgment to resolve allegations that he violated the False Claims Act by billing federal health care programs for surgical monitoring services that he did not perform and for medically unnecessary diagnostic tests. Dr. Windsor owned pain management clinics in Georgia and Kentucky that operated under the umbrella of National Pain Care, Inc.
“Windsor placed patients at risk by claiming that he was monitoring the neurological health of patients during surgery when he actually had an unqualified medical assistant do the work,” said U.S. Attorney John Horn. “Windsor unfortunately put his own interests above the health and safety of his patients.”
“Dr. Windsor placed personal gain above all else in his medical practice,” said Carlton B. Shier, Acting U.S. Attorney for the Eastern District of Kentucky. “In doing so, he put his patients at risk, and defrauded the United States. We will use every tool at our disposal to protect vital healthcare programs from those who seek unearned profit at the taxpayers’ expense.”
“Providing medically unnecessary services to a vulnerable population, such as Medicare beneficiaries, places patients at risk and jeopardizes millions of taxpayer dollars,” said Derrick Jackson, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General. “HHS-OIG is committed to safeguarding the federal health care programs and the patients receiving medical services. Today’s settlement should send a message to others who profit from schemes abusing patient safety that we will pursue justice for our beneficiaries and the programs.”
“The announced monetary settlement involving Dr. Robert Windsor is a direct result of several years of hard work by federal agents and prosecutors as they pursued and enforced rampant violations of the federal False Claims Act. The FBI continues to play a key role in identifying, investigating, and presenting for prosecution individuals such as Dr. Windsor who target and negatively impact our federal health care programs,” said David J. LeValley, Special Agent in Charge, FBI Atlanta Field Office.
“This settlement highlights the commitment of the Defense Criminal Investigative Service (DCIS) and its law enforcement partners to protect the integrity of the Department of Defense (DoD) health care program,” said Special Agent in Charge John F. Khin, Southeast Field Office. “DCIS aggressively investigates health care providers that defraud the DoD, to preserve American taxpayer dollars intended to care for our Warfighters, their family members, and military retirees.”
“The Georgia Department of Law will continue to work with our federal and local partners to pursue resolutions against those who threaten the medical care of Georgia citizens and misuse taxpayer dollars,” said Chris Carr, Attorney General for the State of Georgia.
The government alleges that Dr. Windsor engaged in two schemes. First, the government alleges that Dr. Windsor caused the submission of false claims to Medicare, TRICARE, and FEHBP for the online, real time intraoperative monitoring of surgeries that Dr. Windsor did not personally monitor, that were not monitored by a physician, and that Dr. Windsor falsely represented had been monitored by him during the period from January 1, 2008 through July 22, 2013. On October 24, 2016, Dr. Windsor was sentenced to three years, two months in federal prison and three years of supervised release in connection with this conduct.
The government also alleges that Dr. Windsor submitted or caused the submission of false claims to Medicare, the Georgia and Kentucky Medicaid programs, TRICARE, and FEHBP for medically unnecessary balance tests, nerve conduction and electromyography procedures, and qualitative drug screens performed in Georgia and Kentucky during the period from January 1, 2010 through June 30, 2014.
In order to satisfy the $20 million consent judgment, Dr. Windsor will sell all but one of his residential and commercial properties and pay the net sale proceeds to the government. Dr. Windsor will also sell certain other assets, including two boats and four jet skis, and pay the net sale proceeds to the government.
The settlement resolves two lawsuits filed by three whistleblowers, Kris Frankenberg, Stephanie Herder, and Bradley Davis, under the qui tam provisions of the False Claims Act. Under the Act, private citizens can bring suit on behalf of the government for false claims and share in any recovery. lawsuits resolved are captioned United States ex rel. Frankenberg v. Windsor et al., No. 1:12-cv-3114 (N.D. Ga.), and United States ex rel. Herder et al. v. National Pain Care, Inc., et al., No. 14-cv-00221 (E.D. Ky.).
This settlement illustrates the government’s emphasis on combating health care fraud and marks another achievement for the Health Care Fraud Prevention and Enforcement Action Team (HEAT) initiative, which was announced in May 2009 by the Attorney General and the Secretary of Health and Human Services. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid financial fraud through enhanced cooperation. One of the most powerful tools in this effort is the False Claims Act. Since January 2009, the Justice Department has recovered a total of more than $31.4 billion through False Claims Act cases, with more than $19.6 billion of that amount recovered in cases involving fraud against federal health care programs.
This case was investigated by the U.S. Attorney’s Office for the Northern District of Georgia, the U.S. Attorney’s Office for the Eastern District of Kentucky, the U.S. Department of Health & Human Services Office of Inspector General, the Federal Bureau of Investigation, and the Defense Criminal Investigative Service.
The civil settlement was reached by Assistant United States Attorneys Lena Amanti (Northern District of Georgia) and Paul McCaffrey (Eastern District of Kentucky).
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.
Ohio Woman Pleads Guilty to Providing Inmate with DrugsRead the Press Release
Abingdon, VIRGINIA – An Ohio woman, who conspired with others to provide an inmate at the United States Penitentiary (USP) Lee, in Lee County, Virginia with a prohibited object, pled guilty today to a federal conspiracy charge, Acting United States Attorney Rick A. Mountcastle announced.
Nicole Diane Shroyer, 36, of Kettering, Ohio, pled guilty today to one count of conspiring to provide an inmate of a prison a prohibited object, in this case methamphetamine. Shroyer will be sentenced on May 9, 2017 at 2:30 p.m.
According to evidence presented at today’s hearing by Assistant United States Attorney Randy Ramseyer, Shroyer and others and others she conspired with, made several phone calls to arrange transport of the methamphetamine to the inmate, who was housed at USP Lee. On January 31, 2016, Shroyer brought methamphetamine to USP Lee and surreptitiously provided the methamphetamine to an inmate.
The investigation of the case was conducted by the Federal Bureau of Investigation and the Bureau of Prisons. Assistant United States Attorney Randy Ramseyer prosecuted the case for the United States.
Northumberland County Woman Indicted for Taking Deceased Husband’s Social Security BenefitsRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Loretta Galloway, age 55, of Northumberland, Pennsylvania, was indicted on January 31, 2017, by a federal grand jury for taking her deceased husband’s social security benefits.
According to United States Attorney Bruce D. Brandler, the indictment was unsealed on February 1, 2017, and charges Galloway with taking more than $83,000, over approximately five years, of her deceased husband’s Social Security benefits to pay her bills and other expenses.
The case was investigated by the Social Security Administration, Office of the Inspector General. Assistant United States Evan Gotlob is prosecuting the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law is 10 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant’s educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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North Carolina Man Sentenced for Threats Against Mosque Members in Raeford, North CarolinaRead the Press Release
A Fayetteville, North Carolina man was sentenced today in the Middle District of North Carolina to eight months of home confinement for threatening members of the Masjid Al Madina Mosque in Raeford, North Carolina, announced Acting Assistant Attorney General Tom Wheeler, head of the Justice Department’s Civil Rights Division, and Acting U.S. Attorney Sandra Hairston of the Middle District of North Carolina.
Russell Thomas Langford, 36, pleaded guilty on Nov. 7, 2016, to a one-count Information that charged him with a felony for threatening mosque members in order to obstruct their free exercise of religious beliefs.
As a result of his plea, Langford admitted that on June 9, 2016, he threatened several mosque members and used a dangerous weapon in doing so. On that date, Langford repeatedly drove past the Masjid Al Madina Mosque. Eventually, he saw a mosque member leaving the area. Langford followed the mosque member to his home before returning to the mosque. Back at the mosque, Langford approached another mosque member, identified by the initials M.K. Langford threatened to kill M.K. and bury M.K. on the mosque premises, before pointing a firearm in M.K.’s direction. Langford then drove away. When Langford returned to the mosque again that night, he was stopped by several mosque members, who called the local authorities.
During his multiple contacts with members of the Masjid Al Madina Mosque, Langford repeatedly referred to mosque members using derogatory anti-Muslim terms. Langford admitted that he knew Masjid Al Madina was a mosque and that the people he targeted with his threats were engaged in activities related to the mosque. Accordingly, in pleading guilty, Langford admitted that he acted intentionally to threaten the mosque’s members and obstruct their religious exercise.
“The free exercise of religion is a foundational principle of our society,” said Acting Assistant Attorney General Wheeler. “Hateful threats designed to obstruct this right to religious freedom and to intimidate members of a religion simply because of their beliefs have no place in our communities. An attack on one religion is an attack on all religions. The Justice Department will continue to vigorously prosecute crimes motivated by religious animus.”
The case was investigated by the FBI and the Hoke County, North Carolina Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorney Graham Green of the Middle District of North Carolina and Trial Attorney Julia Gegenheimer of the Civil Rights Division.North Carolina Man Sentenced for Threats Against Mosque Members in Raeford, North CarolinaRead the Press Release
WASHINGTON – A Fayetteville, North Carolina man was sentenced today in the Middle District of North Carolina to eight months of home confinement for threatening members of the Masjid Al Madina Mosque in Raeford, North Carolina, announced Acting Assistant Attorney General Tom Wheeler, head of the Justice Department’s Civil Rights Division, and Acting U.S. Attorney Sandra Hairston of the Middle District of North Carolina.
Russell Thomas Langford, 36, pleaded guilty on Nov. 7, 2016, to a one-count Information that charged him with a felony for threatening mosque members in order to obstruct their free exercise of religious beliefs.
As a result of his plea, Langford admitted that on June 9, 2016, he threatened several mosque members and used a dangerous weapon in doing so. On that date, Langford repeatedly drove past the Masjid Al Madina Mosque. Eventually, he saw a mosque member leaving the area. Langford followed the mosque member to his home before returning to the mosque. Back at the mosque, Langford approached another mosque member, identified by the initials M.K. Langford threatened to kill M.K. and bury M.K. on the mosque premises, before pointing a firearm in M.K.’s direction. Langford then drove away. When Langford returned to the mosque again that night, he was stopped by several mosque members, who called the local authorities.
During his multiple contacts with members of the Masjid Al Madina Mosque, Langford repeatedly referred to mosque members using derogatory anti-Muslim terms. Langford admitted that he knew Masjid Al Madina was a mosque and that the people he targeted with his threats were engaged in activities related to the mosque. Accordingly, in pleading guilty, Langford admitted that he acted intentionally to threaten the mosque’s members and obstruct their religious exercise.
“The free exercise of religion is a foundational principle of our society,” said Acting Assistant Attorney General Wheeler. “Hateful threats designed to obstruct this right to religious freedom and to intimidate members of a religion simply because of their beliefs have no place in our communities. An attack on one religion is an attack on all religions. The Justice Department will continue to vigorously prosecute crimes motivated by religious animus.”
The case was investigated by the FBI and the Hoke County, North Carolina Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorney Graham Green of the Middle District of North Carolina and Trial Attorney Julia Gegenheimer of the Civil Rights Division.
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North Carolina Man Sentenced for Methamphetamine Manufacturing ConspiracyRead the Press Release
CONCORD, N.H. – Jamie Smith, 28, of Raleigh North Carolina was sentenced to 96 months in federal prison after pleading guilty in United States District Court for the District of New Hampshire to one count of possession of materials to manufacture methamphetamine, and one count of conspiracy to manufacture methamphetamine, announced United States Attorney Emily Gray Rice.
According to court documents and statements made in court, on or about January 29, 2016, co-defendants picked up Jamie Smith from a bus station in Vermont. Soon after getting in the car, Smith dictated a list of ingredients used for making methamphetamine which a co-defendant wrote down a piece of paper. During the drive from Vermont to Lebanon, New Hampshire, Smith and his co-defendants made various stops to purchase ingredients used for making methamphetamine. After purchasing the necessary ingredients, the defendants returned to a residence in Lebanon, New Hampshire where Smith began the process of making methamphetamine. When police arrived, he attempted to dispose of the methamphetamine mixture by pouring it in a toilet, which the Court determined created a substantial risk of harm to human life and the environment.
A search warrant executed at the residence uncovered materials that a New Hampshire State police forensic laboratory chemist determined are collectively consistent with methamphetamine manufacturing via the one-pot method. The chemist also determined that two samples taken from the apartment indicated the presence of methamphetamine. In addition, the defendant admitted to making threats to a potential witness in an attempt to dissuade that witness from testifying at his sentencing hearing.
United States District Judge Joseph DiClerico sentenced Smith. In addition to the term of incarceration, Judge DiClerico ordered Smith to serve, upon his release from prison, a term of supervised release of 3 years.
“This sentence reflects DEA’s strong commitment to bring to justice those that manufacture methamphetamine,” said Special Agent in Charge Michael J. Ferguson. “DEA and its local, state and federal law enforcement partners will do everything in our power to keep this highly addictive drug off the streets of New Hampshire. This investigation demonstrates the strength of collaborative law enforcement efforts in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively pursue anyone who manufactures this poison.”
“Methamphetamine manufacturing presents a serious danger to the public. Too often, those who attempt to manufacture this illegal drug do so in a way that presents a high risk of fires and explosions. Each day, brave law enforcement officers in New Hampshire are at risk of encountering these toxic and potentially deadly clandestine laboratories. I commend the Drug Enforcement Administration for its ongoing efforts to protect our state from these dangerous drug labs,” said U.S. Attorney Emily Gray Rice.
The case was investigated by the Drug Enforcement Administration and the Lebanon, New Hampshire Police Department and was prosecuted by Assistant United States Attorney Georgiana L. Konesky.
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Nicaraguan National Charged for Illegal Re-Entry of a Removed Alien Previously Convicted of a FelonyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that NORWIN CASTELLON-LOPEZ, age 39, a citizen of Nicaraguan, was charged today in a one-count Bill of Information with illegally re-entering the United States having previously been deported as an illegal alien and having previously been convicted of a felony.
U.S. Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
CASTELLON-LOPEZ faces a maximum term of imprisonment of ten years, a fine of $250,000 and up to three years of supervised release following any term of imprisonment.
U.S. Attorney Polite praised the work of the U.S. Immigration and Customs Enforcement in investigating this matter. Assistant U.S. Attorney Michael M. Simpson is in charge of the prosecution.
New York Salesman Sentenced to Prison for Fraudulently Selling Vending Machine BusinessesRead the Press Release
A federal judge sentenced a Long Island, New York sales representative to prison for fraudulently selling vending machine businesses, the Justice Department announced today.
Richard R. Goldberg, 44, of Holbrook, New York, was sentenced to serve 36 months in prison followed by three years of supervised release and ordered to pay $546,487.77 in restitution by U.S. District Court Judge Joan M. Azrack of the Eastern District of New York. Goldberg was found guilty after a six-week trial in 2015 of wire fraud and conspiracy. He is one of 24 defendants who have been convicted of fraud in connection with Multivend LLC d/b/a/ Vendstar, which was based in Deer Park, New York.
“The defendant enticed people to pay $10,000 or more for a business that he promised would be prosperous, when he knew it was likely to fail,” said Acting Assistant Attorney General Chad A. Readler, head of the Justice Department’s Civil Division. “That is a serious and reprehensible crime. The Department of Justice is committed to protecting consumers by prosecuting such frauds.”
Vendstar sold vending machine businesses in which it promised to provide vending machines, candy, locations, and everything else buyers would need to succeed. The company closed in July 2010. advertised in newspapers and on the Internet and sold the businesses to victims nationwide. But ’s sales representatives – with the knowledge and approval of Vendstar’s managers – misrepresented the business opportunity’s likely profits, the amount of money that ’s prior customers were earning, how quickly customers were likely to recover their investment, the quality of locations that were available for the vending machines, and the level of location assistance that customers would receive from locating companies recommended by Vendstar. Vendstar referred customers to locating companies that did not find profitable locations and regularly changed their names to stay ahead of constant complaints. During the last five years it was open, made more than $60 million in sales. Buyers received the vending machines, but little else, and most of them lost most or all of their investment.
Acting Assistant Attorney General Readler commended the U.S. Postal Inspection Service for its thorough investigation. The case was prosecuted by Senior Litigation Counsel Patrick Jasperse and Assistant Director Alan Phelps of the Civil Division’s Consumer Protection Branch. During the last 10 years, approximately 170 individuals have been convicted of fraudulently selling business opportunities in cases prosecuted by the Consumer Protection Branch.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at http://www.justice.gov/civil/consumer-protection-branch.
New York Resident Charged in South Florida with Conspiracy to Distribute and Attempted Possession with the Intent to Distribute CocaineRead the Press Release
A New York resident has been charged in Broward County, Florida for conspiring to possess with the intent to distribute and attempting to possess with the intent to distribute, cocaine.
Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Mark Selby, Special Agent in Charge, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (ICE-HSI), Adolphus P. Wright, Special Agent in Charge, U.S. Drug Enforcement Administration (DEA), Miami Field Division, Scott Israel, Sheriff, Broward Sheriff’s Office (BSO), and Diane J. Sabatino, Director, Field Operation, U.S. Customs and Border Protection (CBP), Miami Field Office, and made the announcement.
Siffredo Gonzalez, 39, of New York, is charged in a two-count indictment with conspiracy to possess a controlled substance with the intent to distribute and attempting to possess a controlled substance with the intent to distribute. If convicted, Gonzalez faces a minimum mandatory sentence of ten years and a maximum statutory sentence of life imprisonment on each count.
According to court documents, including the criminal complaint and indictment, on December 15, 2016, Customs and Border Protection officers located approximately 83 kilograms of cocaine in a shipping container at Port Everglades. The container, which also held avocados, originated in the Dominican Republic. On January 10, 2017, Siffredo Gonzalez is alleged to have met with an undercover agent and paid him $25,000 to return the interdicted cocaine.
Mr. Ferrer commended the investigative efforts of ICE-HSI, DEA, Broward County Sheriff’s Office and CBP. The case is being prosecuted by Assistant U.S. Attorney Anita White.
An indictment and a criminal complaint are formal charging documents notifying the defendant of the charges. All persons charged by indictment and/or complaint are presumed innocent until proven guilty in a court of law.
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.
New York Men Sentenced for Credit Card Fraud ConspiracyRead 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 Malik Delima, 26, and Shaun Wray, 26, both of Brooklyn, New York, were sentenced yesterday in U.S. District Court by Judge George Z. Singal for conspiring to manufacture and use fraudulent credit cards. Delima was sentenced to 75 months in prison; Wray was sentenced to 20 months in prison. Both were sentenced to three years of supervised release and ordered to pay $28,483 in restitution. Both pled guilty in July 2016.
According to court records, in March 2015, Delima and Wray were part of a group that came to Maine from New York to commit credit card fraud. They purchased equipment used to manufacture fraudulent credit cards, purchased stolen credit card account numbers from a source in Ukraine, manufactured fraudulent credit cards and used them at retailers in Maine and elsewhere. The conspiracy involved over 1,100 stolen credit card accounts.On March 24, 2015, law enforcement personnel executed a federal search warrant at an apartment in Auburn, Maine and seized over 100 fraudulent credit cards, numerous blank gift cards that were in the process of being made into fraudulent credit cards, and the equipment used to manufacture fraudulent credit cards. At the time of the search, Delima, Wray and other conspirators were inside the apartment.
This joint investigation was conducted by the U.S. Secret Service, the U.S. Drug Enforcement Administration and Auburn Police Department, with valuable assistance provided by Maine State Police Crime Laboratory.
New Orleans Man Pleads Guilty to Conspiracy to Commit Access Device FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that RYAN CLAVERIE, age 37, of New Orleans, pled guilty today to conspiracy to commit access device fraud.
According to court documents, CLAVERIE worked as a waiter in a restaurant in Metairie. During the course of his employment, CLAVERIE routinely handled the credit and debit cards of restaurant patrons. CLAVERIE had a credit card “skimmer” that extracted customer account information from the magnetic strip on the back of a credit card and a bank debit card and logged it for later download to a computer.
CLAVERIE and his co-conspirators used the captured electronic account information contained on the magnetic strips of these valid cards in order to manufacture and produce counterfeit credit cards with which to fraudulently obtain things of value for their own personal gain at several retail stores and establishments in the metropolitan New Orleans area.
CLAVERIE faces a maximum term of imprisonment of five years, a fine of $250,000 and three years of supervised release following any term of imprisonment. U.S. District Judge Jane Triche Milazzo set sentencing for May 4, 2017.
U.S Attorney Polite praised the work of the U.S. Secret Service, New Orleans Field Office, the Jefferson Parish Sheriff’s Office, the New Orleans Police Department, the St. Tammany Parish Sheriff’s Office, and the Kenner Police Department. Assistant U.S. Attorney Loan "Mimi" Nguyen is in charge of the prosecution.
New Orleanian Pleads Guilty to Bank RobberyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ERIC MALLORY, age 34, of New Orleans, pled guilty today to a two-count Indictment charging him with bank robbery.
According to court documents, on July 27, 2016, MALLORY entered the Capital One Bank located at 1867 Barataria Boulevard in Marrero, and approached a teller with a note demanding money. The teller gave MALLORY $2,798. On September 22, 2016, MALLORY entered the Gulf Coast Bank & Trust, located at 737 Terry Parkway, Gretna, and approached a teller with a demand note. He then approached a second teller and demanded money. In total, MALLORY obtained $7,882 from Gulf Coast Bank & Trust.
MALLORY faces a maximum term of imprisonment of 20 years, a fine of $250,000, three years supervised release after imprisonment, and a $100 special assessment as to each count. U.S. District Judge Ivan L. R. Lemelle set sentencing for May 3, 2017.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Maria M. Carboni is in charge of the prosecution.
Montgomery Area Gang Members and Violent Felons Arrested on Federal Gun ChargesRead the Press Release
Montgomery, Alabama – Multiple arrests were made this week during a Montgomery area round up for gun and drug violations, announced George Beck Jr., U.S. Attorney for the Middle District of Alabama.
As part of its community policing strategy, the Montgomery Police Department requested help from a number of federal agencies in an effort to identify, isolate, and remove individuals that pose a dangerous threat to the city and its citizens. The participating agencies include the Montgomery Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the United States Marshals Service, the Gulf Coast Regional Fugitive Task Force, the Federal Bureau of Investigation (FBI), and the U.S. Attorney’s Office.
The following fourteen individuals, all from Montgomery, were part of this round up:
Larry Keyun Chappell (31), Demarion Lamar Daniels (34), Rapheal Lamar Gaston (26), Rashard Jarnez Hardy (31), Taurio Kortavious Harris (21), Marrio Terrell Hawkins (30), Kourvosier Jerrell Herbert (27), Trudyo Renardo Hines, Jr (26), Darrius Marcel Mastin (25), Roderick Alexander Purvis (25), Stanley Antorny Tell (30), Roosevelt Keith Terry (33), Adrian Deshawn Thompson (30), and Quandel Lamar Williams (30).
The charges against them include allegations of drug distribution, possession of firearms in connection with drug distribution, and possession of firearms while being a convicted felon. Evidence also indicates that these individuals are affiliated with numerous gangs in the area including: CBM, Crum Nation, Gangster Disciples, Hardy Boys, and the King Hill Murk Gang.
The allegations against Hardy, Harris, Hines, and Mastin arose from the Club Big Boyz shooting in October of 2015. The charges against the remaining individuals arose from various investigations conducted by the Montgomery Police Department and ATF involving drug distribution and other violent crimes in the City of Montgomery.
An indictment is merely a method of charging an individual and each defendant is presumed innocent until proven guilty at trial. If convicted, each of the men face possible sentences of up to 20 years imprisonment.
U.S. Attorney Beck would like to thank the following agencies for their hard work during the investigations and arrests in each of these cases: Montgomery Police Department, ATF, FBI, the United States Marshals Service, and the Gulf Coast Regional Fugitive Task Force. The cases are being prosecuted by Assistant United States Attorneys Brandon Bates, Todd Brown, John Geer, Steven Lee, Rand Neeley, Jonathan Ross, and Susan Redmond.
Mississippi Corrections Officers Plead Guilty to Inmate Assault and Cover-UpRead the Press Release
The Justice Department announced that Mississippi corrections officer, Lawardrick Marsher, pleaded guilty today in federal court to beating an inmate in Mississippi’s Parchman prison. A second officer, Robert Sturdivant, pleaded guilty to helping conceal the beating of the inmate.
According to his guilty plea, Marsher, 29, used excessive force in punching and kicking the victim, identified as K.H., who suffered a broken orbital bone, permanent vision loss and severe blood loss. The assault occurred on March 9, 2014. Marsher also admitted to submitting a false report and lying to the FBI. Sturdivant, 47, Marsher’s supervisor, admitted that he also punched and kicked K.H. and urged fellow officers to submit false statements to their department and to lie to the FBI.
“Every American, including those who are incarcerated, is protected by the U.S. Constitution,” said Acting Assistant Attorney General Tom Wheeler of the Justice Department’s Civil Rights Division. “When officers who we expect to uphold those rights willfully violate them, and lie to cover it up, the Justice Department will vigorously enforce the laws prohibiting this misconduct.”
“The defendant abused his authority, violated the law and the public trust,” said U.S. Attorney Felicia C. Adams of the Northern District of Mississippi. “The U.S. Attorney’s Office for the Northern District of Mississippi is committed to aggressively prosecuting those correctional officers who break the law and violate an individual’s constitutional rights.”
“Occasionally, incarceration can lead to an emotionally charged atmosphere, but we lose credibility and moral authority when prison guards are guilty of violating the civil rights of those they are sworn to protect,” said Special Agent in Charge Christopher Freeze of the FBI Jackson Division. “While incarcerated individuals have relinquished their right to freedom, they have not renounced their civil rights.”
On June 21, 2016, Marsher and Sturdivant were indicted by a grand jury. Two other officers, Deonte Pate, 23, and Romander Nelson, 44, pleaded guilty to charges in connection with the beating. Pate admitted to conspiring to cover up the beating, and Nelson pleaded guilty to a misdemeanor charge of failing to protect K.H.
Marsher faces a statutory maximum sentence of 10 years in prison; Sturdivant faces a statutory maximum sentence of five years in prison. Sentencing for Marsher and Sturdivant is tentatively scheduled for June 9 and 8, respectively. Pate’s sentencing is scheduled for March 16; Nelson’s sentencing is scheduled for April 6.
This case was investigated by the FBI’s Jackson Division, with cooperation from the Mississippi Department of Corrections. It was prosecuted by Assistant U.S. Attorney Robert Coleman of the Northern District of Mississippi and Trial Attorneys Rebekah Bailey and Dana Mulhauser of the Civil Rights Division.
Mexican National Indicted for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALBERTO SECUNDINO-BUENAVENTURA, age 36, was charged today in a one-count Indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the Indictment, SECUNDINO-BUENAVENTURA, reentered the United States after he was previously deported on January 17, 2013. If convicted, SECUNDINO-BUENAVENTURA faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Meridian Woman Sentenced to Prison for Fraud SchemeRead the Press Release
Jackson, Miss. – Theresa Wash, 51, of Meridian, was sentenced on January 31, 2017, by U.S. District Judge Carlton Reeves, to serve two years in federal prison followed by three years of supervised release for exceeding authorized access, announced U.S. Attorney Gregory K. Davis and FBI Special Agent in Charge Christopher Freeze. She was also ordered to pay $797,287.85 in restitution and to forfeit a house which has yet to be appraised.
Wash was the controller of a Meridian business and stole funds from her employer. She previously pled guilty to the charge.
The case was investigated by the FBI Jackson Division Cyber Crime Task Force. The task force is comprised of investigators from the Madison Police Department, Mississippi Attorney General’s Office, and FBI Agents from the Jackson Field Office. The case was prosecuted by Assistant U.S. Attorney Chris Wansley.
Meade County, Kentucky, Man on the Kentucky Sex Offender Registry, Sentenced to 15 Years in Prison for Transporting and Possessing Child PornographyRead the Press Release
LOUISVILLE, Ky. – A Meade County, Kentucky, man on the Kentucky Sex Offender Registry, was sentenced in United States District Court, by District Judge David J. Hale, to 15 years in prison followed by a life term of Supervised Release, for transporting and possessing child pornography announced United States Attorney John E. Kuhn, Jr.
Travis Tucker, 30, was charged by grand jury Indictment on February 17, 2016. He pled guilty to the charges on November 7, 2016. Tucker remains in federal custody.
Tucker admitted to uploading child pornography on four separate occasions in October of 2014 and possessing child pornography images in January 2015. According to information presented in court, Kentucky State Police received several Cybertip reports concerning the uploading of child pornography images (that is, images of children engaging in sexually explicit conduct), to a Google plus account from an email address of [email protected]. Investigative efforts led to Tucker as the user of the email account.
Law enforcement officials executed a state search warrant on Tucker’s residence in Meade County, Kentucky, on January 14, 2015. During the search, they seized numerous digital items. Later, forensic review of the digital items revealed thousands of images of child pornography. The images had been acquired using the Internet.
Prior to October of 2014, Tucker had been convicted of a child pornography offense. He was on the Kentucky Sex Offender Registry at the time of the offenses in the Indictment.
Assistant United States Attorney Jo E. Lawless prosecuted the case. The Kentucky State Police conducted the investigation.
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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."
Massachusetts Man Sentenced to Serve Two Years in Prison for Role in Fentanyl DistributionRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced today that Felipe Antonio Reyes Eduardo was sentenced to a term of two years in federal prison based upon his prior guilty plea to one count of conspiracy to distribute fentanyl.
According to court documents and statements in court, Reyes acted as a runner in a series of fentanyl transactions with an undercover law enforcement officer in New Hampshire and Massachusetts from December of 2015 to February of 2016. Reyes, 20 years old, resided in Lawrence, Massachusetts, before his arrest in this case.
According to statistics maintained by the State of New Hampshire, the vast majority of the drug overdose deaths in New Hampshire in 2016 were related to fentanyl. Because a single gram of heroin or fentanyl can be used to create multiple individual dosage units that can be sold “on the street,” the quantity of fentanyl involved in this case could have generated hundreds of individual doses of fentanyl, each of which had the potential to cause a fatal overdose.
“Those suffering from the disease of opioid addiction need access to treatment and recovery,” said Special Agent in Charge Michael J. Ferguson. “But, those responsible for distributing lethal drugs like fentanyl to the citizens of New Hampshire need to be held accountable for their actions. In response to the ongoing opioid epidemic DEA and its local, state and federal law enforcement partners are committed to bringing to justice those that distribute this poison.”
U.S. Attorney Rice said, “My office will continue to work with our law enforcement partners to identify and prosecute the individuals who are putting fentanyl and other deadly drugs on the streets of New Hampshire. By aggressively enforcing the law, providing treatment to those suffering with addition, and educating the community about the risks of fentanyl, the law enforcement community in New Hampshire is working to combat the fentanyl problem in this state on a daily basis.”
This case was investigated by the United States Drug Enforcement Administration and the New Hampshire Drug Task Force. It was prosecuted by Assistant United States Attorney Bill Morse.
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Massachusetts Man Sentenced for 204 Months for Heroin and Fentanyl Distribution ConspiracyRead the Press Release
CONCORD, N.H. – Rafael Nicolas Lopez-Carrasco, a/k/a Jose Casellas, of Lawrence, Massachusetts, was sentenced to 204 months in federal prison after pleading guilty in the United States District Court for the District of New Hampshire to a federal indictment charging him with one count of conspiracy to distribute and to possess with the intent to distribute heroin and fentanyl, announced United States Attorney Emily Gray Rice.
According to court documents, the defendant distributed drugs in Massachusetts and New Hampshire since at least July of 2014. On June 24, 2015, the defendant supplied approximately two kilograms of fentanyl to a third person who had the drugs delivered to an address on Winter Street in Manchester, New Hampshire. On June 25, 2016, law enforcement seized an additional three kilograms of fentanyl as the defendant was attempting to deliver it in Massachusetts. A search of the defendant’s residence in Lawrence led to the discovery of an additional one kilogram of fentanyl and 922 grams of heroin. Law enforcement also seized $12,000 in United States currency, several kilograms of cutting agent and three firearms.
The defendant’s 204-month sentence was ordered to run concurrently to a 10 to 12 year sentence he is serving in Massachusetts. He will be deported after completing his federal sentence.
“I commend the Manchester Police Department and the DEA on their thorough investigation of this case leading to the seizure of such a significant quantity of drugs and drug proceeds,” stated United States Attorney Emily Gray Rice. “Prosecuting those individuals who introduce dangerous narcotics into our community, and ensuring that they do not profit from doing so, is a critical priority of my office.”
"Opioid abuse is at epidemic levels in New Hampshire," said Special Agent in Charge Michael J. Ferguson. "Fentanyl and heroin are causing overdose deaths across the Granite State in record numbers, and DEA is committed to aggressively pursue Drug Trafficking Organizations and individuals who are coming from out of state to distribute these poisons across New Hampshire in order to profit and destroy people's lives and wreak havoc in our communities. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners."
According to statistics maintained by the State of New Hampshire, the vast majority of the drug overdose deaths in New Hampshire in 2016 were related to fentanyl. Because a single gram of heroin or fentanyl can be used to create multiple individual dosage units that can be sold “on the street,” the quantity of fentanyl involved in this case could have generated hundreds of individual doses of fentanyl, each of which had the potential to cause a fatal overdose.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The case was investigated by the Manchester Police Department, the Massachusetts State Police, and the Drug Enforcement Administration and was prosecuted by Assistant United States Attorneys Georgiana L. Konesky and Donald Feith.
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Louisiana Business Owners Sentenced for Filing Fraudulent Individual Income Tax ReturnsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that two owners of a Metairie business were sentenced today for willfully filing fraudulent 2011 individual income tax returns.
U.S. District Judge Jane Triche Milazzo sentenced both ROMMEL CORDOVA, 36, of Luling, and SAUL RAMIREZ, 44, of Kenner, to serve five years of probation and to pay a $10,000 fine. Each defendant has already paid restitution to the Internal Revenue Service.
According to court documents, CORDOVA and RAMIREZ owned and operated Skill Labor Provider, Inc. (Skill Labor) a Metairie labor services business. CORDOVA and RAMIREZ each owned 50 percent of the business and shared equally in its net income. During 2010 and 2011,CORDOVA and RAMIREZ used a Louisiana check cashing business to cash checks made payable to Skill Labor, cash or themselves and did not deposit these funds into Skill Labor’s bank accounts or report them as gross receipts on Skill Labor’s corporate income tax returns. CORDOVA and RAMIREZ caused Skill Labor to file fraudulent 2010, 2011 and 2012 corporate income tax returns which underreported the business’s gross receipts by more than $6 million. CORDOVA and RAMIREZ separately filed fraudulent 2010 through 2012 individual income tax returns, each underreporting their net income from Skill Labor by more than $866,000.
U.S. Attorney Polite commended special agents of the IRS–Criminal Investigation and Homeland Security Investigations, who conducted the investigation. Assistant U.S. Attorney Hayden Brockett and Tax Division Trial Attorney Michael Hatzimichalis were in charge of the prosecution.
Lake City Man Pleads Guilty to Drug and Firearms ChargesRead the Press Release
Jacksonville, Florida – United States Attorney A. Lee Bentley, III announces that Joseph Anthony Harris (51, Lake City) today pleaded guilty to possession with intent to distribute crack cocaine and possession of a firearm in furtherance of a drug trafficking crime. He faces up to 20 years in federal prison for the drug offense, to be followed by a minimum mandatory sentence of 5 years, up to life, in federal prison for the firearm offense.
According to the plea agreement, after Harris sold cocaine to a confidential informant, a multi-jurisdictional task force obtained a search warrant for his home. When officers arrived to execute the warrant, Harris fled, leading them on a car chase through his neighborhood. During the chase, Harris threw a bottle containing crack cocaine from his car. He eventually stopped and was arrested. In his home, officers found more crack cocaine and a loaded .38 caliber handgun.
This case was investigated by the Columbia County Sheriff’s Office, the Florida Department of Law Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It is being prosecuted by Assistant United States Attorney Michael J. Coolican.
This is another case prosecuted as a part of the Department of Justice’s “Project Safe Neighborhoods” Program – a nationwide, gun-violence reduction strategy. United States Attorney A. Lee Bentley, III, along with Daryl R. McCrary, Special Agent in Charge, ATF, is coordinating the Project Safe Neighborhoods effort here in the Middle District of Florida in cooperation with federal, state, and local law enforcement officials.
Justice Department Settles Immigration-Related Discrimination Claim Against New York RestaurantRead the Press Release
The Justice Department reached an agreement today with Levy Premium Foodservice Limited Partnership, doing business as Levy Restaurants, a national chain of sports arena restaurants. The settlement resolves the department’s investigation of a charge filed by a work-authorized immigrant against Levy’s Barclay Center restaurant in Brooklyn, New York, alleging discrimination in violation of the Immigration and Nationality Act (INA).
The department concluded, based on its investigation that Levy discriminated against two lawful permanent residents at its Barclay Center restaurant by improperly reverifying their employment eligibility because of their immigration status. The department also determined that Levy improperly required them to present specific types of documents to re-establish their employment eligibility and suspended the charging party when he was unable to present such a document. The antidiscrimination provision of the INA prohibits employers from subjecting employees to unnecessary documentary demands based on the employee’s citizenship, immigration status or national origin.
Levy cooperated with the department throughout the investigation, quickly reinstated the charging party, and restored his lost wages and leave benefits. Under the settlement, Levy must pay a civil penalty to the United States, undergo department-provided training on the anti-discrimination provision of the INA and be subject to departmental monitoring and reporting requirements.
“The Justice Department is committed to ensuring the rights of lawful U.S. workers to be free from discriminatory barriers based on their citizenship, immigration status or national origin,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division. “We commend Levy for working with the Civil Rights Division to implement the corrective action resolving this matter.”
The division’s Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship, immigration status, and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices; retaliation and intimidation.
For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar; email [email protected]; or visit IER’s English and Spanish websites.
Applicants or employees who believe they were subjected to different documentary requirements based on their citizenship, immigration status, or national origin; or discrimination based on their citizenship, immigration status or national origin in hiring, firing, or recruitment or referral, should contact IER’s worker hotline for assistance.
Levy Settlement AgreementInternational Fugitive from Child Exploitation Charge ApprehendedRead the Press Release
Orlando, Florida – United States Attorney A. Lee Bentley, III announces the arrest of David Wright (28, Sebastian, FL) in the Eastern District of Virginia. Wright has been charged in two separate indictments with attempted enticement of a minor and failure to appear, respectively. If convicted of the attempted enticement charge, he faces a maximum penalty of life in federal prison. If convicted of the failure to appear charge, he faces a maximum penalty of 10 years in federal prison.
According to court documents, between January 2 and January 9, 2013, Wright attempted to entice a minor to engage in sexual activity. He failed to appear for his federal trial in the Middle District of Florida and on June 11, 2014, a bench warrant was issued. Wright fled to Dubai but was apprehended by law enforcement. After his arrest, he was remanded to the custody of the United States Marshals Service pending further proceedings in the Middle District of Florida.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the United States Marshals Service. It will be prosecuted by Assistant United States Attorney James D. Mandolfo.
Indictment Unsealed Charging 14 from Sumter in Midlands Cocaine Trafficking ConspiracyRead the Press Release
Contact Person: Lance Crick (864) 282-2100
Columbia, South Carolina ---- United States Attorney Beth Drake stated today that the Columbia Violent Gang Task Force (CVGTF), of which the City of Sumter is a member, arrested several defendants who are charged in an indictment with conspiring to possess with intent to distribute and to distribute cocaine and crack cocaine in the midlands of South Carolina. All defendants who were arrested this week will appear for bond hearings at the Matthew J. Perry Federal Courthouse in Columbia, South Carolina, tomorrow at 10:00 am before the Honorable Shiva V. Hodges, United States Magistrate Judge.
The arrests this week mark the next step in the CVGTF’s efforts to combat violent crime linked to drug trafficking in the Sumter and Columbia areas of South Carolina.
The investigation began in 2015 when FBI, DEA, and City of Sumter Task Force Officers targeted the cocaine sources of supply who were selling cocaine to the defendants referenced above. Agents and Task Force Officers previously conducted arrest operations in May 2016, October 2015, August 2015, and June 2015. To date, this investigation has resulted in the convictions of fifty defendants for drug trafficking conspiracy charges and/or money laundering offenses.
Multiple law enforcement agencies participated in this case, including the Federal Bureau of Investigation, the South Carolina Law Enforcement Division, the Sumter City Police Department, the Sumter County Sheriff’s Department, the Richland County Sheriff’s Department, and the Columbia Police Department.
This case represents another example of the collaboration between local, state, and federal law enforcement agencies in South Carolina. Assistant United States Attorney Ben Garner of the Columbia office is prosecuting the case.
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Honduran National Pleads Guilty to Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DENIS A. MUNOZ-RODRIGUEZ, age 35, a native of Honduras, pled guilty today to a one-count Indictment for illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to court documents, MUNOZ-RODRIGUEZ, was previously removed from the United States on January 16, 2003. He was later found in the Eastern District of Louisiana on November 3, 2016, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
MUNOZ-RODRIGUEZ faces a maximum term of imprisonment of two years, as well as a fine of $250,000. U.S. District Court Judge Ivan L.R. Lemelle set sentencing for March 22, 2017.
U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Homer resident sentenced to 24 months in prison for failing to update sex offender registrationRead the Press Release
SHREVEPORT, La. – United States Attorney Stephanie A. Finley announced that a Homer resident was sentenced Wednesday to 24 months in prison for failing to update his sex offender registration.
James Fernando Rhodes, 50, of Homer, La., was sentenced by U.S. District Judge S. Maurice Hicks Jr. on one count of failure to update sex offender registration. He was also sentenced to three years of supervised release. According to the September 28, 2016 guilty plea, the Marion County Sheriff’s Office in Indiana conducted a sex offender compliance check on Rhodes in March of 2013. He was not found at his reported address and a warrant was issued for his arrest. A tip to the Claiborne Parish Sheriff’s Office led to Rhodes’ arrest in May of 2016. He later admitted to living in Louisiana for two years without registering as required by law. The defendant was convicted of indecency with a child-sexual contact on December 8, 1995 in Dallas County, Texas, and was required to register as a sex offender for life.
The U.S. Marshals Service, Claiborne Parish Sheriff’s Office and Marion County Sheriff’s Office in Indiana conducted the investigation. Assistant U.S. Attorney Mary J. Mudrick prosecuted the case.
Holiday Man Sentenced to Forty Years for Armed Bank RobberiesRead the Press Release
Tampa, Florida – U.S. District Judge Mary S. Scriven today sentenced Anthony Maresca (54, Holiday) to 40 years in federal prison for multiple armed bank robberies in the Tampa Bay Area. He pleaded guilty in October 2016.
According to court documents, beginning in late 2014, Maresca robbed eight banks in Pinellas and Pasco counties over a six-month period. Each time, he wore a disguise, pointed a silver handgun at the teller, and demanded cash. The robbery spree began shortly after Maresca learned that law enforcement officers wanted to question him regarding the 2014 murder of Pasco county resident Billy Shuler. Maresca left his Holiday home and lived out of local motels until he was eventually arrested. The federal case has concluded and Maresca now faces a first degree murder charge in the Shuler case brought by state authorities.
The bank robberies were investigated by the Federal Bureau of Investigation, the Pinellas County Sheriff’s Office, the Pasco County Sheriff’s Office, the Hernando County Sheriff’s Office, the Clearwater Police Department, and the Pinellas Park Police Department. The case was prosecuted by Assistant United States Attorneys Michael Leeman and Simon Gaugush.
Four People Charged with Sex Trafficking Minors in PhiladelphiaRead the Press Release
A superseding indictment was returned today against four people charged with engaging in the sex trafficking of minors in Philadelphia announced Acting United States Attorney Louis D. Lappen. Charged in the superseding indictment are: Collin Cowell (26), a/k/a “Tyson,” Rocio Ramos (38), a/k/a “Delci,” Idalis Mendez (20), a/k/a “Dali,” and Robert Broaddus (23), of Philadelphia, Pennsylvania.
According to the indictment, the defendants are charged with sex trafficking 3 Minors. Mendez was further charged with one count of production of child pornography. Cowell and Mendez were also charged with one count of distributing child pornography.
If convicted, the defendants face the following statutory maximum possible sentences: Cowell, life imprisonment with a 10-year mandatory minimum term of imprisonment; Ramos, life imprisonment with a 10-year mandatory minimum term of imprisonment; Mendez, life imprisonment with a 15-year mandatory minimum term of imprisonment; and Broaddus, life imprisonment with a 10-year mandatory minimum term of imprisonment, plus possible fines, restitution, and special assessments.
The case was investigated by the Federal Bureau of Investigation, and is being prosecuted by Assistant United States Attorney Melanie Babb Wilmoth.
An Indictment, Information or Criminal Complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Four Defendants Plead Guilty in Seventh Ward-Based Heroin and Firearms ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced the guilty plea of four defendants in a wide-ranging federal narcotics investigation. DARRELL LEWIS, a/k/a “Lil’ Darrell,” age 31; KEVIN WALKER, age 24; CARL LEWIS, a/k/a “Curl,” age 24; and STERLING PIPKINS, a/k/a “Shoe,” age 32; all of New Orleans, pled guilty today to conspiracy to distribute heroin.
DARRELL LEWIS pled guilty to conspiracy to distribute one kilogram or more of heroin, for which he faces a mandatory minimum of 20 years in prison and a maximum of life imprisonment, a maximum $20,000,000 fine, and at least 10 years of supervised release. CARL LEWIS, KEVIN WALKER, and STERLING PIPKINS each pled guilty to conspiracy to distribute 100 grams or more of heroin. Due to his prior criminal history, CARL LEWIS faces a mandatory minimum of 10 years in prison and a maximum of life imprisonment, a maximum $8,000,000 fine, and at least 8 years of supervised release. KEVIN WALKER and STERLING PIPKINS each face a mandatory minimum of 5 years and maximum of 40 years of imprisonment, a maximum $5,000,000 fine, and at least 4 years of supervised release.
Additionally, DARRELL LEWIS, KEVIN WALKER, and CARL LEWIS also pled guilty to conspiracy to possess and use firearms in furtherance of a drug conspiracy. That charge carries a maximum sentence of 20 years in prison, a $250,000 fine, and up to 3 years of supervised release.
According to court documents, DARRELL LEWIS, KEVIN WALKER, CARL LEWIS, and STERLING PIPKINS conspired together to sell heroin in New Orleans’ Seventh Ward, specifically the intersection of Frenchmen and North Villere Streets. DARRELL LEWIS was the leader of the group. KEVIN WALKER, CARL LEWIS, and STERLING PIPKINS served as street-level dealers, selling heroin to both other heroin dealers and users. Another defendant, DARRYL LEWIS, a/k/a “Uncle Tom,” a/k/a “Poppa Tom,” age 62, tested the heroin, stored guns, and helped sell heroin as well.
Members of this conspiracy kept and maintained firearms in furtherance of their drug trafficking activities. On October 23, 2014, Darryl Lewis was arrested by officers with the Major Crimes Task Force at his residence at 1320 Frenchmen Street, New Orleans. Pursuant to a search and seizure warrant, officers recovered an Armalite Model AR10, 7.62x51mm rifle; a Bushmaster Model XM15E2S AR15-pattern, 5.56mm rifle; a Stag Arms AR15-pattern, 5.56mm rifle; a MAK90 AK47-pattern, 7.62x39mm rifle; a Norinco SKS, 7.62x39mm rifle; and a SKS-pattern, 7.62x39mm rifle. DARRYL LEWIS was initially charged in Orleans Parish Criminal District Court and was released after posting a bond.
More guns were recovered when the co-conspirators were arrested by FBI agents, DEA agents, and NOPD officers on December 12, 2014, pursuant to arrest warrants issued by the U.S. District Court in this case. Agents recovered a loaded Glock Model 27 handgun with an extended clip at DARRELL LEWIS’s residence and a loaded Glock 23 handgun in WALKER’s possession. Agents also arrested DARRYL LEWIS again at 1320/1322 Frenchmen Street and found a black DPMS AR-15 rifle under his bed.
Court documents show that the conspiracy reached beyond the Seventh Ward. DARRELL LEWIS also used a home on Robert E. Lee Boulevard for selling heroin. Additionally, New Orleans dealers Nichiren Radcliffe, a/k/a “Lil’,” a/k/a “Taneshen Grandberry” and Conquistadore Martin, a/k/a “Melvin Moore,” a/k/a “Bob,” bought heroin from DARRELL LEWIS and occasionally supplied DARRELL LEWIS with heroin as well. Moreover, DARRELL LEWIS and MARTIN conspired along with MICHAEL MCQUITTY, a/k/a “Rooster,” a/k/a “Fat Mac,” and Nerimane Bouchama to rob a drug dealer in Columbia, Missouri. This robbery scheme eventually involved MARTIN, MCQUITTY and BOUCHAMA travelling to Missouri on a bus with at least one firearm, but FBI agents were able to defeat the plan when MARTIN and RADCLIFFE were detained in Missouri through the assistance of the St. Louis County Police Department.
The four defendants who pleaded guilty today were the last defendants pending in a twelve-defendant indictment that included narcotics and firearm-related charges. Other defendants who had already pleaded guilty in this case included NICHIREN RADCLIFFE, CONQUISTADORE MARTIN, MICHAEL MCQUITTY, NERIMANE BOUCHAMA, DEMOINDE ROWLEY, TYRONE HUDSON, and IRVIN WATSON.
DARRELL LEWIS, KEVIN WALKER, CARL LEWIS, and STERLING PIPKINS will be sentenced on May 18, 2017 by U.S. District Judge Carl J. Barbier. PIPKINS was previously convicted of possession of a firearm as a felon in the United States District Court in October 2008, and he was on federal supervised release when he was arrested in this case in December 2014. He faces a revocation hearing before United States District Judge Lance M. Africk on April 20, 2017
U.S. Attorney Polite praised the work of the FBI New Orleans Field Office. Assistance was provided by the DEA New Orleans Field Division, the New Orleans Police Department, the Major Crimes Task Force, the FBI Kansas City Division (Jefferson City Resident Office), and the St. Louis County Police Department. Assistant United States Attorneys Matthew Payne, Shirin Hakimzadeh, and Andre Lagarde are in charge of the prosecution.
Former Rutherford County Sheriff's Major Pleads Guilty to Unlawfully Obtaining U.S. CitizenshipRead the Press Release
Terry McBurney, 47, of Murfreesboro, Tenn., and former Major with the Rutherford County Sheriff’s Department, pleaded guilty today in U.S. District Court to charges of unlawful procurement of naturalization; making false statements under oath in matters relating to his application for U.S. citizenship and naturalization status; and wire fraud, announced Jack Smith, Acting U.S. Attorney for the administration of this case. These charges arose from an indictment returned by a federal grand jury in November 2016.
According to the indictment, McBurney was born in Ireland. In September 2010 McBurney submitted an application for employment to the Rutherford County Sherriff’s Office and also submitted a completed Department of Homeland Security Form I-9, Employment Verification Eligibility. Both documents were marked indicating that McBurney was a United States citizen. In December 2010 McBurney submitted an application to the Tennessee Peace Officer Standards and Training (POST) Commission that was also marked indicating that he was a United States citizen. During the plea hearing, McBurney admitted that he was not in fact a United States citizen.
McBurney obtained Tennessee POST certification in May 2011which made him eligible to receive a $600 per year pay supplement and he received supplemental payments of $600 in 2013, 2015, and 2016. In 2013, McBurney was promoted to the position of captain in the Rutherford County Sheriff’s Office and on or about January 18, 2016, McBurney was again promoted, this time to the position of major. Rutherford County required individuals holding the position of captain or major to meet a number of requirements, including being a United States citizen. McBurney also admitted during the plea hearing, that he was not a United States citizen at this time.
The indictment further alleged that McBurney submitted an application for naturalization to seek status of a United States citizen in September 2015 and participated in an interview regarding the application in December 2015. On the application and during an interview with an immigration officer of the U.S. Citizenship and Immigration Services, McBurney denied that he had ever claimed to be a United States citizen in writing or any other way. On February 24, 2016, McBurney took the oath of allegiance and was naturalized as a United States citizen. McBurney admitted that he in fact made false statements in order to procure U.S. citizenship.
McBurney will be sentenced on May 12, 2017. He faces up to 10 years in prison for unlawful procurement of naturalization or citizenship, up to 5 years for making a false statement under oath in a matter relating to naturalization, and up to 20 years in prison for wire fraud. McBurney also faces a $250,000 fine for each charge and possible revocation of his U.S. citizenship.
This case was investigated by ICE- Homeland Security Investigations and the Tennessee Bureau of Investigation. Assistant U.S. Attorney Amanda J. Klopf is prosecuting the case.
Former North Shore Resident Charged with Wire Fraud, ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that BILAL AHMED, a/k/a “Bill,” age 41, formerly of Covington, was charged today in a three count Indictment charging him with two counts of wire fraud and one count of conspiracy to commit wire fraud.
AHMED is charged with devising a scheme to defraud others which he posed as a wealthy individual who stood to received millions of dollars, including from his native country of Pakistan. It is alleged that he induced at least one other conspirator to work with him, directing this conspirator to pretend to be a bank employee and make other false statements. AHMED presented false documents, including a fraudulent $100,000,000 loan document to others. As a result of AHMED’s fraudulent representations, he caused wirings totally $70,000 to be made in interstate commerce.
If convicted, AHMED faces a statutory maximum sentence of twenty years in prison for each of the wire fraud counts, and a five-year term of imprisonment on the conspiracy charge. He also faces substantial monetary penalties, supervised release, and restitution.
U.S. Attorney Polite reiterated that the Indictment is merely an allegation and that the guilty of the defendant must be proved beyond a reasonable doubt
U.S. Attorney Polite commended special agents of Homeland Security Investigations and St. Tammany Parish Sheriff’s Deputies, who investigated the case. Assistant U.S. Attorney Hayden Brockett is in charge of the prosecution.
Former Goodwill Employee and Another Man Sentenced for Stealing Grant Money Destined for Homeless VeteransRead the Press Release
HOUSTON – Two area men have been ordered to federal prison following their convictions of conspiracy and wire fraud, announced U.S. Attorney Kenneth Magidson. A federal jury sitting in Houston convicted Aaron Matthew Pierce, 37, of Houston, following a five-day trial Nov. 14, 2016, while Darrell Demond Arline, 37, of Pearland, pleaded guilty on the first day of trial to all counts as charged - conspiracy to commit wire fraud and 14 counts of wire fraud.
Today, U.S. District Judge Alfred H. Bennett, who presided over the trial, handed Arline a 48-month sentence, while Pierce was ordered to serve a sentence of six months in federal prison, each to be followed by three and two years, respectively. Arline was further ordered to pay a $316,512.13 in restitution and Pierce’s restitution amount was set at $18,016. In handing down the sentence, Judge Bennett noted that the victims of this crime were the military veterans of this country.
Airline was Goodwill’s program manager for U.S. Department of Veteran Affairs (VA) Supportive Services for Veteran Families (SSVF) grants. These were multi-million dollar grants which were awarded to Goodwill Industries of Houston to aid Veterans and their families with housing.
Arline recruited his friend, Pierce, to cash fraudulently issued SSVF grant checks by allowing his name and a sham sole proprietorship to be used to represent to Goodwill that he was providing emergency housing assistance to veterans and their families who were either homeless or about to become homeless.
Between Jan. 3, 2013, and Aug. 28, 2014, Pierce and Arline entered into a conspiracy to steal money from the grant by submitting fraudulent purchase orders resulting in the theft of grant monies. The SSVF grants were intended to provide supportive services to very low-income military veteran families who were residing in permanent housing, were homeless and scheduled to become residents of permanent housing within 90 days and after exiting permanent housing or were seeking other housing that was responsive to such very low-income military veteran family’s needs.
Previously released on bond, Arline was taken into custody following the sentencing today where he will remain pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future. Pierce was permitted to remain on bond and voluntarily surrender to a U.S. Bureau of Prisons facility to be determined in the near future.
The VA - Office of Inspector General, Criminal Investigations Division conducted the investigation. Assistant U.S. Attorneys Daniel C. Rodriguez and Adam L. Goldman prosecuted the case.
Five Previously Deported Aliens Charged with Illegal Re-EntryRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that five previously deported aliens were indicted separately on February 1, 2017, by a federal grand jury in Harrisburg on illegal re-entry charges.
According to United States Attorney Bruce D. Brandler, Jose Martinez-Rojas, age 36, of Mexico, was previously deported from the United States to Mexico in April 2007. He is alleged to have illegally re-entered the United States sometime after April 2007, and was found in the United States in Cumberland County, Pennsylvania after eluding examination or inspection by immigration officers.
Jorge Cervantes-Gomez, age 31, of Mexico, was previously deported from the United States to Mexico in February 2005. He is alleged to have illegally re-entered the United States sometime after February 2005, and was found in the United States in Cumberland County after eluding examination or inspection by immigration officers.
The maximum penalty under federal law for Martinez-Rojas and Cervantes-Gomez’s offenses are two years of imprisonment, a term of supervised release following imprisonment, and a fine.
Francisco Cervantes-Guizar, age 38, of Mexico, was previously deported from the United States to Mexico in October 2006. He is alleged to have illegally re-entered the United States sometime after October 2006 and was found in the United States in Franklin County, Pennsylvania after eluding examination or inspection by immigration officers. In 2006, he was convicted before the United States District Court for the Middle District of Pennsylvania of false statement in a United States Passport Application, an offense which subjects him to enhanced penalties in the current case.
Luis Alberto Silva-Saldana, age 24, of Mexico, was previously deported from the United States to Mexico in July 2014. He is alleged to have illegally re-entered the United States sometime after July 2014, and was found in the United States in Dauphin County, Pennsylvania after eluding examination or inspection by immigration officers. In 2014, he was convicted in the Berks County Court of Common Pleas of fleeing or attempting to elude a police officer, an offense which subjects him to enhanced penalties in the current case.
Abel Salazar-Diaz, age 40, of Mexico, was previously deported from the United States to Mexico in August 2010. He is alleged to have illegally re-entered the United States sometime after August 2010, and was found in the United States in York County, Pennsylvania after eluding examination or inspection by immigration officers. In 2010, he was convicted in the Southern District of Texas of illegal re-entry, an offense which subjects him to enhanced penalties in the current case.
The maximum penalty under federal law for Cervantes-Guizar, Silva-Saldana, and Salazar-Diaz’s offenses are ten years of imprisonment, a term of supervised release following imprisonment, and a fine.
The cases were investigated by the U.S. Immigration and Customs Enforcement and Removal Operations (ERO). Special Assistant United States Attorney Brian G. McDonnell is prosecuting the cases.
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.
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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Five Members of Bradenton-Based Drug Trafficking Conspiracy Indicted for Federal Drug OffensesRead the Press Release
Tampa, FL – United States Attorney A. Lee Bentley, III announces the unsealing of an indictment charging Francisco Avellaneda-Hernandez, a/k/a “Flaco” (28, Bradenton), Gonzalo Delarosa, a/k/a “Gordo” (24, Bradenton), Glenn Olvera (25, Sarasota), Sergio David Gutierrez-Olmos, a/k/a “Chavo,” a/k/a “Chilango” (36, Bradenton), and Alexis Hernandez, a/k/a “Alex” (53, Atlanta, GA) with conspiracy to distribute and possess with the intent to distribute more than five-hundred grams of methamphetamine and more than one kilogram of heroin. If convicted on all counts, each faces a minimum mandatory of 10 years, up to life, in federal prison. The indictment also notifies the defendants that the United States intends to forfeit any assets that are alleged to be traceable to proceeds of the offense.
According to the indictment, between April and November 2016, the individuals conspired to distribute methamphetamine and heroin. In addition to the conspiracy, Avellaneda-Hernandez, Delarosa, Gutierrez-Olmos, and Olvera are charged in separate counts with possession of methamphetamine with the intent to distribute it.
An indictment is merely a formal charge that a defendant has committed one or more violations of federal criminal law, and every defendant is presumed innocent unless, and until, proven guilty.
This case is the result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Amarillo Sky.” The investigation was conducted by the Drug Enforcement Administration, with assistance from the U.S. Customs and Border Patrol, the Polk County Sheriff’s Office, the Manatee County Sheriff’s Office, the Pasco County Sheriff’s Office, the Hardee County Sheriff’s Office, the Lakeland Police Department, the Plant City Police Department, and the New York Police Department. It will be prosecuted by Assistant United States Attorney Dan Baeza.
Final Two Defendants in Methamphetamine Conspiracy SentencedRead the Press Release
Abingdon, VIRGINIA – The final two members of a drug trafficking conspiracy that supplied local sources with large qualities of ICE methamphetamine for multiple years were sentenced today in the United States District Court for the Western District of Virginia in Abingdon, Acting United States Attorney Rick A. Mountcastle announced.
Ronald Sizemore, 56, of Kentucky, previously pled guilty to one count of conspiracy to distribute and possess with the intent to distribute ICE methamphetamine. Today in District Court, Sizemore was sentenced to 70 months in federal prison. Also in District Court today, Ysidro Juarez III, 53, of Houston, Texas, who previously pled guilty to a lesser included count of conspiring to distribute and possess with the intent to distribute methamphetamine, was sentenced to 84 months in federal prison.
During previous hearings, Angel Soliz Jr., 37, of Houston was sentenced to 240 months in federal prison and Angel Soliz Sr., 53, also of Houston, was sentenced to 240 months in federal prison. Soliz Jr. also agreed to forfeit more than $800,000 in cash to the United States, which was seized from his home in Texas. Another co-conspirator, Bige Maggard, was sentenced to 30 months in federal prison.
According to evidence presented by prosecutors, the defendants admitted to being the sources of much of the ICE methamphetamine that was sold in a multi-defendant conspiracy and which has resulted in more than a dozen federal convictions in U.S. District Court in Abingdon. Soliz Sr. and Soliz Jr. coordinated the supply of methamphetamine from Texas, while other co-defendants worked under them to help distribute the drugs. During the course of the conspiracy, various persons from Eastern Kentucky and Southwest Virginia would traveled to Texas to purchase methamphetamine and subsequently transport it back via interstate highways, avoiding law enforcement detection along the way. Once the ICE methamphetamine had arrived in Kentucky and Virginia, it would be distributed to others using local dealer, such as Sizemore.
The investigation of the case was conducted by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives; United States Drug Enforcement Administration; Virginia State Police; Kentucky State Police; Harris County, Texas Sherriff’s Office; and Russell County, Virginia Commonwealth’s Attorney’s Office. Special Assistant United States Attorney Kevin Jayne and Special Assistant United States Attorney and Russell County Commonwealth Attorney Brian Patton prosecuted the case for the United States.